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HomeMy WebLinkAboutIsland's End Golf �SUFFOL��, Off, OG ��► y< Baseline Documentation W 1000-35-2-1 & 11 o • 1000-35-2-12 & 17.1 Project: "ISLAND'S END GOLF" Conservation Easements 116.53 acres — Protected Acreage Easements dated December 6, 2019 Recorded December 19, 2019 Suffolk County Clerk— Liber D00013040, Pages 987 & 996 Correction Easements dated February 4, 2021 Recorded May 14, 2021 Suffolk County Clerk— Liber D00013104, Pages 443 & 444 tetP—w 11 O GOILF & COUNTRY CLUEst. 1962 PUBLIC \VELCONIL776, B DRIVING R ,E CD 1000-35-2-1 & 11 coo 1000-35-2-12 & 17.1 Baseline Documentation Premises: 33659 46759 5025 & 5243 NYS Route 25 Greenport, New York 116.53 acres — Protected Areas CONSERVATION EASEMENTS ISLAND'S END GOLF AND COUNTRY CLUB, INC. to TOWN OF 'SOUTHOLD -and- WILLIAM KING AND MARY -PACINDA TURNER, AS EXECUTRIX OF THE LAST WILL AND TESTAMENTI OF ROBERT TURNER, to TOWN OF SOUi HOLD whose combined parcels are or,erating as a golf course known as "Island's End Golf& Country Club" Easements dated December 6, 2019 Recorded December 19, 2019 Suffolk County Clerk—Liber D00013040, Pages 987 & 996 L Correction Easements dated February 4, 2021 Recorded }day 14, 2021 Suffolk County Clerk—Liber D00013104, Pages 443 & 444 ISLAND'S END GOLF AND COUNTRY CLUB, INC. SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: 1000-35.-2-12 and 1000-35.-2-17.1 5243 & 4675 NYS Rte 25 Greenport $ 1,293,750.00 (per contract) Community Preservation Funds Yes Total Parcels Acreage: 32:86 acres Protected Areas: Development Area: Existing Parking Easement Area: Zoned: Existing Improvements: 30.03 easement acres 2.4 acres (southern section of SCTM #1000-35.-2-12) 0.43 acres (L D12862/P 761) .c In December 2019 within protected areas — operating golf course, cart paths, gravel parking area, vinyl fence along Rte 25, retaining wall, drains, flag pole, shed, driving range WILLIAM KING & MARY PACINDA TURNER, as Executrix of the Last Will & Testament of Robert Turner SCTM #: 1000-35.-2-1 and 1000-35.-2-11 Premises: 3365 & 5025 NYS Rte 25 Hamlet: Greenport Purchase Price: $ 3,881,250.00 (per contract) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcels Acreage: 93:85 acres Protected Areas: 86.5 easement acres Development Areas: 5.5 acres (southwesterly section of SCTM #1000-35.-2-1) 1.85 acres (southern section of SCTM #1000-35.-2-11 bordering Rte 25) Zoned: R-80 Existing Improvements: In December 2019 within protected areas — operating golf course, cart paths, drains, retaining walls, shed, roofing over transformer, chain link fencing, vinyl fencing at bluff, bridge, rest rooms A P P R A I S A L APPRAISAL REPORT OF REAL PROPERTY LOCATED AT 5243, 4675, 3365 & 5025 ROUTE 25 UNINCORPORATED HAMLET OF GREENPORT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DISTRICT 1000, SECTION 35, BLOCK 2, LOTS 1,11,12 AND 17.1 OWNED BY FLOYD F. KING JR. GRANTOR RETAINED ANNUITY TRUST DATED APRIL 11, 1996 (LOTS 1 & 11) AND ISLAND'S END GOLF AND COUNTRY CLUB INC. (LOTS 12 & 17.1) PROPERTYTYPE: QULAIFIED CONSERVATION (RECREATION) EASEMENT TO BE IMPOSED ON RESIDENTIAL ACREAGE IN USE AS A PUBLIC GOLF COURSE PREPARED FOR MELISSA SPIRO, LAND PRESERVATION COORDINATOR TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION TOWN HALL ANNEX 54375 STATE ROUTE 25 PO BOX 1179 SOUTHOLD, NEW YORK 11971-0959 VALUATION DATE: APRIL 20, 2018 DATE OF REPORT: OCTOBER 4, 2018 FILE #18037 PREPARED BY LAWRENCE IN®IMINE CONSULTING CORP REAL ESTATE APPRAISALS AND CONSULTING 18 BAILEY LANE MANORVILLE, NY 11949 PHONE (631) 979-2735 H E A R I N G S RESOLUTION 2019-333 ADOPTED DOC ID: 15100 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-333 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 32.45± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8± acres referenced as the Development Area and a 0.43± acre area that is subject to a recorded parking area easement. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowner. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowner is $1,293,750 (one million two hundred ninety-three thousand seven hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island's End Golf and Resolution 2019-333 Board Meeting of April 9, 2019 Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. 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 Updated: 4/9/2019 12:44 PM by Lynda Rudder Page 2 RESOLUTION 2019-332 ADOPTED DOC ID: 15099 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-332 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a_ public hearing for the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 93.14ZL total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24E acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowners. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one thousand two hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2- 12 and SCTM #1000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Easement with the Town concurrent with this acquisition proposal Resolution 2019-332 Board Meeting of April 9, 2019 in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 4/9/2019 12:43 PM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinst for the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 32.45f total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8± acres referenced as the Development Area and a 0.43± acre area that is subject to a recorded parking area easement. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowner. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowner is $1,293,750 (one million two hundred ninety-three thousand seven hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island's End Golf and Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 9, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE APRIL 18, 2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD, NY 11971. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9-L acres referenced as the Development Areas. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowners. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one thousand two hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. Y The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2- 12 and SCTM #1000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 9, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE APRIL 18, 2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD, NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEARINGS April 23, 2019 4:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy These hearings were opened at 5:07 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of - . the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24 acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowners. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one thousand two hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. Islands End/King Trust Public Hearing April 23, 2019 page 2 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM 41000-35.-2- 12 and SCTM #1000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 32.45± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.221 acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8± acres referenced as the Development Area and a 0.43± acre area that is subject to a recorded parking area easement. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowner. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowner is $1,293,750 (one million two hundred ninety-three thousand seven hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. Islands End/King Trust Public Hearing April 23, 2019 page 3 The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island's End Golf and Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. What I am going to do is, I am going to open the two hearings at the same time because they are basically the same, they are all part of a larger parcel that we are preserving tonight, and one depends on the other, of course. I do have affidavit that this has been posted and noticed on the town website and the Town Clerk's bulletin board. I have a copy of the advertisement as well and the same for the other one. I have a letter here that I will read into the record. `Dear Supervisor Russell and Town Board members, I am writing this letter on behalf of my client, Robert Turner, with reference to the above matter which will be heard at tomorrow's meeting. I am unable to attend the meeting as I am out of town. We look forward to concluding this matter with the town to ensure that a community golf course remains available in the town for the residents and visitors to continue to enjoy the scenic beauty of this property and to engage in healthy recreational activities. Thank you, William Moore' and that's all I have. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board to please feel free? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. First I would like to explain the map up front a little bit for those of you who didn't see it. The red outline each of the four individual properties, the white bubbles point to the development areas that we excluded from Islands End/King Trust Public Hearing April 23, 2019 page 4 our purchase of our development rights but still covered by the conservation easement and the pink really just represents the rest of the property. So it's just detail, these are public hearings to preserve the Islands End golf course for purposes of public recreation. The town is using community preservation funds to acquire these, which will cover the entire 125 or so acres and will prohibit development on about 116 acres. I would like to thank the landowners, especially Bob Turner and Will King for giving the town the opportunity to acquire the development rights on the property. Thanks also go out to the county land trust for working with both the landowners and the town to help facilitate this project. Of course, thanks to the Town Board members and the Land Preservation Committee for their continued support and work to get to this point in the project. I also would like to thank all the people of the Town of Southold who voted for the Community Preservation fund over the years because this fund certainly has given us the funding and opportunity to proceed with this important project. Atypical projects like this one are always a bit more difficult to approach, it's taken a lot of perseverance and hard work on all parts to get to this point. the primary purpose of the acquisition is to preserve the existing use, a public golf course, we all know as Islands End Golf and Country Club. the golf course has been an important asset to the community since the early 60's from what I understand, and the Town Board's purpose of this acquisition is to allow for the continuation of this very important recreational opportunity. The property is also very special because it includes I believe it's 800 feet maybe more, undeveloped shoreline and the project preserves right up to the shoreline. From purely an acreage standpoint, preservation of 125 acres is a really big deal in Southold Town. This is one of the largest size acreage projects that the town has preserved. I don't golf but I am aware of how important it is to have this recreational opportunity in our town as I continually come across and in contact with neighbors, community members and friends, even a few family members who all seem to enjoy the opportunity that they have to golf at Islands End, right in our community. As I noted, the Land Preservation Committee has from the start supported this acquisition and is recommending that the Town Board proceed with the purchase of the development rights on these properties. I am here to answer any questions, I know this is complicated, I will give it my best. CATHERINE CHAUDHURI: I am Catherine Chaudhuri, I am president of the Board of Directors at Islands End. I would like to echo everything that Melissa just said but I don't want to sound redundant. But I would also like to thank Supervisor Russell, the Town Board, Melissa Spiro for all of her work that she's done. Certainly all of the Peconic Land Trust people, Mark Levine who has helped us a great deal. The club has been opened since 1961 and open to the public but I want to thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board? BOB SYRON: Good afternoon, my name is Bob Syron, I reside in East Marion and I am also the present CEO of Peconic Landing which borders the golf course. I have been with Peconic Landing 15 years and during those 15 years I have played the golf course many times, not well but I keep trying to get better. I am sure you are aware that the views for Peconic Landing marketability are very important and we have roughly 30 cottages on that side so it's extremely important for us to have (inaudible) to have those units in place, but more importantly, I live in East Marion right around the corner, if you use the golf course it becomes something very important to you, it becomes part of your life. I have grown up on that golf course, actually my Islands End/King Trust Public Hearing April 23, 2019 page 5 boys have grown up on that golf course, we have played there quite often. My son is coming home from school very soon, we're going to get out there and play. The camaraderie, the kinship and everything that it brings. When you go over to the clubhouse, it's quite remarkable. I commend the town for making this happen because it's extremely important to us all. One last thing I will say, many of the folks here I have seen on the golf course, it's just a pleasant way to spend your day, so if you are not a golfer and I am not, get out there and play. It's just fun. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular hearing? HOLLY SANFORD: Good afternoon, I am Holly Sanford, a resident of Southold Town. I am here on behalf of Peconic Land Trust, to voice our strong support for this acquisition. Peconic Land Trust has had the good fortune to work with Islands End Golf Course and Country Club and the King Trust on this important conservation plan for 126 acres, where the course has been located since the early 1960's. For over half a century, the land has provided a wonderful recreational and job creating resource for residents and visitors to the North Fork. The conservation of this land, including all of the acreage along Long Island Sound and mature wildlife habitat that is established within the fairways will be a wonderful conservation outcome for all of us. The Peconic Land Trust wants to thank the King Trust and the Board at the Island's End Golf and Country Club as well as all their advisors for involving us in this significant planning and conservation initiative. We would like to thank all of the owners for agreeing to a bargain sale which represents a substantial gift on their part. We also want to thank the Southold Town Board, Planning Department and Land Preservation Department for their work on this conservation opportunity. Particularly Councilman Bob Ghosio for his work with the Land Preservation Committee, of course, Melissa Spiro who is always available to help resolve matters and move these projects along. And Supervisor Russell and the entire Board for their patience and commitment to the conservation of this community asset. The Peconic Land Trust looks forward to seeing this future, where these 126 acres remain as a vital public resource for future generations. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? ALBERT KRUPSKI: Albert Krupski, Cutchogue. I would just like to thank Supervisor Russell, the Southold Town Board, Melissa Spiro, the Land Preservation Committee and everybody at Peconic Land Trust that has worked on this. This is a really unique opportunity. I sit on the Suffolk County Sewer Agency and we routinely approve sewer hookups for high density developments on golf courses in other towns, so I think Southold Town is really going in the right direction here, to echo what Bob Syron said from Peconic Landing, this is an opportunity for families to go out and just enjoy what we have out here, enjoy the game of golf. You don't have to be a great golfer. This is the place I played with my grandfather and my father and my son and those sort of generational opportunities are really important to have here. It's a, so thank you for crafting this opportunity and I can only urge you to make it happen. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Islands End/King Trust Public Hearing April 23, 2019 page 6 COUNCILMAN GHOSIO: I do have something to say, I just wanted to go back a little bit. When the Peconic Land Trust came to me originally as liaison to the Land Preservation Committee and they brought this to me, we thought we were going to have a pretty long, arduous journey to get this done and I will tell you that when I brought it to the Town Board, we did look for all kinds of other opportunities that may help us in funding this. it is a very large project and a substantial sum of money but the Town Board, for this I just want to thank the rest of the Board, they saw the need to commit to this and even though we couldn't get funding from the state or other municipal source, we did work with the PLT and I did meet the owners and some of the members of the golf course and we were able to, together, along with all the other folks involved, Melissa and the Board and the Committee and made this happen. And frankly, this happened in about three years? Which was certainly, honestly, less than I thought it would take. And for that I want to commend everybody who was involved, I know it seems like we are patting ourselves on the back but the Town Board and the other folks to my left were very supportive in our efforts to do this and were committed to the preservation of this property for a number of reasons. But I think most importantly, this gives us a very large parcel on the Sound with one of the most beautiful and signature holes in all of New York State to play golf and in the event that down the road, be it 100 years from now that we can't have a golf course there anymore, at least this area is preserved and it is preserved for recreation and/or agriculture. And this is huge and I thank you and I thank the folks in town who have supported it and in fact, who fund the CPF. That's all I have. Thank you. SUPERVISOR RUSSELL: Thank you. I would like to say that Melissa referenced 800 feet of shoreline along Long Island Sound, I am going to be perfectly candid. I am not as interested in preservation as that I have about $2,000 worth of golf balls over that and I want my golf balls back. -Would anyone else like to comment? UNIDENTIFIED: I am a lefty (inaudible). SUPERVISOR RUSSELL: So am I. That didn't help. UNIDENTIFIED: And Scott, I don't think I will be nagging you anymore. I think I may go back to playing golf. Inaudible. And I love to see that one hole. SUPERVISOR RUSSELL: That's the 16th, right? UNIDENTIFIED: The idea of playing in a preserved property is just so terrific. COUNCILMAN GHOSIO: When you hit the green from that tee it's pretty exciting. Of course it only happens when the wind is blowing 40 miles an hour off the shore. KEVIN WEBSTER: I might as well jump in. Kevin Webster from East Marion. My family has been playing there since the early 60's and I started playing there about 40 years ago and speaking of great pictures, I have a great picture of the 16th hole in my office up on the wall, my grandfather got a hole in one there in 1972 and at that time they gave away the head of a golf !, club, so lie got a hole in one on number three and they gave you the head of a golf club with the Islands End/King Trust Public Hearing April 23, 2019 page 7 name on it and it's engraved and I have it in my office down at the Assessor's office. I have another great picture of my grandmother, my father, myself and my son. We all played there with four generations, again, I commend everybody. Again, I think this is a great thing to preserve this and I look forward to playing there in the future. SUPERVISOR RUSSELL: Thank you, Kevin. Who else would like to address the Town Board on this hearing? (No response) This hearing was closed at 4:55 PM Elizabeth A. Neville Southold Town Clerk S E Q R A "%I,, P U R C H A S E R E S O L gUFFO(,0`RESOLUTION 2019-397 ADOPTED DOC ID: 15139 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-397 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23, 2019: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. on the 23`d day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses of 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and are situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 and Maple Lane; and WHEREAS, the proposed acquisition is for a Conservation Easement on the combined 32.45± total acres (subject to survey) referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8f acres referenced as the Development Area and a 0.43± acre area that is subject to a recorded parking area easement. The exact area of the Conservation Easement acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowner; and WHEREAS, the Conservation Easement will be acquired using Community Preservation Funds. The price accepted by the landowner is $1,293,750 (one million two hundred ninety-three seven hundred fifty dollars) for the 32.45± acre Conservation Easement. The Town will pay for closing costs associated with the acquisitions areas; and WHEREAS, the Town's purchase offer is below the fair market value of the Conservation Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Conservation Easement constitutes a bargain sale; and WHEREAS, the Conservation Easement includes terms for a Right of First Refusal providing the Town the opportunity to purchase the Premises; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed Conservation Easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents for the Town and others, and by prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public Resolution 2019-397 Board Meeting of April 23, 2019 recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island's End Golf and Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Conservation Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Conservation Easement on said adjacent properties; and WHEREAS, the purchase of a Conservation Easement on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land_ Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the Conservation Easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase a Conservation Easement on the subject properties for the purpose of providing public outdoor recreational enjoyment and opportunities within the Town, providing affordable recreational opportunities for the residents for the Town and others, and prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational purpose may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.• and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc., identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Updated: 4/23/2019 3:33 PM by Lynda Rudder Page 2 Resolution 2019-397 Board Meeting of April 23, 2019 Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 4/23/2019 3:33 PM by Lynda Rudder Page 3 RESOLUTION 2019-396 ADOPTED DOC ID: 15138 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-396 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23, 2019: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common, on the 23rd day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses of 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and are situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 and Maple Lane; and WHEREAS, the proposed -acquisition is for a Conservation Easement on the combined 93.14± total acres (subject to survey) referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. The exact area of the Conservation Easement acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the landowners; and WHEREAS, the Conservation Easement will be acquired using Community Preservation Funds. The price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one two hundred fifty dollars) for the 93.14± acre Conservation Easement. The Town will pay for closing costs associated with the acquisition areas; and WHEREAS, the Town's purchase offer is below the fair market value of the Conservation Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Conservation Easement constitutes a bargain sale; and WHEREAS, the Conservation Easement includes terms for a Right of First Refusal providing the Town the opportunity to purchase the Premises; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed Conservation Easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents for the Town and others, and by prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and Resolution 2019-396 Board Meeting of April 23, 2019 WHEREAS, the Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-12 and SCTM #1000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Conservation Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Conservation Easement on said adjacent properties; and WHEREAS, the purchase of a Conservation Easement on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the Conservation Easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase a Conservation Easement on the subject properties for the purpose of providing public outdoor recreational enjoyment and opportunities within the Town, providing affordable recreational opportunities for the residents for the Town and others, and prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational purpose may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common, identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Updated: 4/23/2019 3:33 PM by Lynda Rudder Page 2 Resolution 2019-396 a Elizabeth A. Neville Southold Town Clerk Board Meeting of April 23, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 4/23/2019 3:33 PM by Lynda Rudder IPage 3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP lz� Assistant Town Planning Director MAILING, ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 wvww.southoldtownny-gov RECEOWED APR 2 3 2019 LAND PRESERVATION DEPT Town of Southold Date: April 23, 2019 Re: Proposed Purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 Location: northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town of Southold proposes to purchase a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000- 35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The action has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Attach: Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part I — Project Information The applicant or project sponsor is responsible for the completion of Part t. ,Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part l based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Island's End Golf and Country Club, Inc. Name of Action or Project: Town Purchase of a Conservation Easement Project Location (describe, and attach a location map): 1000-35.-2-12 and 17.1 Brief Description of Proposed Action: Town purchase of Conservation Easement for purposes of public golf course and, subject to Town Board approval, other public recreational uses or agriculture. Town is simultaneously purchasing similar Easement on adjacent property of 93.14+/- acres. Name of Applicant or Sponsor: Telephone: (631) 765-1800 E -Mail: Southold Town Board Address: Southold Town Hall City/PO: State: Zip Code: Southold NY 11971 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that Z ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES ❑ If Yes, list agency(s) name and permit or approval: 3. a. Total acreage of the site of the proposed action? 32.45 acres acres b. Total acreage to be physically disturbed? 0 acres - c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 125+/- acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commeroial m Residential (suburban) _ -Q -Forest- --[Zj -Agriculture-- -•---O--Aquatio--10--Other(Speaify): •-Ltfe_CareFacility-(P_econic Landing)-_- ❑ Parkland Page 1 of 3 SEAF 2019 5a Is the proposed action, 3 A$A nitted use under the zoning regulations? b Consistent with the adopted comprehensive plan" NO YES N/A ❑ ❑ ❑ ❑ ❑ 6 Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify NO YES z ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action'? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑✓ ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑✓ ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? 7 If No, describe method for providing wastewater treatment: NO YES ❑ ❑ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places; or that has been determitied by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register,of Historic Places? project site portion of it, located in or adjacent to an area designated as sensitive for - Is the prod or any archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES F1 1-1b. 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically'alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES R ❑ ❑ a Page 2 of 14. Identify the typical habitat types that occur on, or are likely to be found on the project site Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑Wetland ❑ Urban ❑ Suburban e- Ff "5 5-�"N& fid- CWJ Sr( 15. -Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100 -year flood plan? NO ❑ YES ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO ❑ YES El- ❑ ❑ ❑ ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO Z YES ❑ 19. Has the site of the proposed action or an adjoining property been the location• of an active or closed solid waste management facility? -describe: NO YES If Yes, Z 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? NO YES If Yes, describe: Z F1 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/na e: Melissa iro Date: 4/9/2019 ` Title: Land Preservation Coordinator Signature: PRINT FORM Page of OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP Vv`� Assistant Town Planning Director Date: April 23, 2019 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov . APR 2 3 2019 LAND PRESERVATION DEPT Town of Southold Re: Proposed Purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 Location: Northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town of Southold proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes, to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The action has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me at (63 1) 765-1938 if you have any questions regarding the above recommendation. Attach: Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part I - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information William King and Robert Turner, as Tenants in Common Name of Action or Project: Town Purchase of a Conservation Easement Project Location (describe, and attach a location map): 1000-35 -2-1 and 11 Brief Description of Proposed Action: Town purchase of Conservation Easement for purposes of public golf course and, subject to Town Board approval, other public recreational uses or agriculture. Town is simultaneously purchasing similar Easement on adjacent property of 32.45+/- acres. Name of Applicant or Sponsor: Telephone: (631) 765-1800 E -Mail: Southold Town Board Address: Southold Town Hall City/PO: State: Zip Code: Southold NY 11971 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ ❑ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: rZ70— 3. a. Total acreage of the site of the proposed action? 93.14acres acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 125+/- acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Urban m Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban) ❑ Forest _® Agriculture , ❑ Aquatic m .Othcr(Specify); Life Care Facility (Peconic Landing) ❑ Parkland Page l of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations9 b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ ❑ ❑ 6 Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ ❑✓ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES W1 ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES a ❑ ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES FV] F1 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined, by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? "b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES a ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES Z ❑ ❑ Page 2 of 3 14 Identify the typical habitat types that occurpri, or are likely to be found on the project site Check all that apply. ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban�- 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES FV_1 El 16. Is the project site located in the 100 -year flood plan? NO YES P7] 1-1 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? n b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe:` rNOYES ❑ ❑ ❑ "Ili N 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES Z ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES a ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES a ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Melissa Spiro Date: 4/9/2019 Signature: Title: Land Preservation Coordinator PRINT FORM Page 3 of 3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY 11971 oF so�jyo� o�y0ou MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP LWRP Coordinator Date: April 23, 2019 RIECEMED APR 2 3 2019 LAND PRESERVATION DEPT Town of Southold Re: Proposed Purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc., SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 The Town proposes to purchase a Conservation Easement on properties owned by' Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this, department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (63 1) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator OFFICE LOCATION: , Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, AICP -1�e LWRP Coordinator Date: April 23, 2019 APR 2 3 2019 LAND PRESERVATION DEPT Town of Southold ( Re: Proposed Purchase of a Conservation Easement on properties owned by William King and Robert, Turner, as Tenants in Common. SCTM # 1000-35.-2-1 and p/o SCTM #1000-35.-2-11 The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes to purchase the development rights' on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator E N V I R O N M E N T A L S U M M A R Y ACV �aba�o July 31, 2019 Customer Name: Islands End Golf and Country Club Contact Person: Bill Fish Site Address: 5025 Route 25 Greenpoint, NY 11944 Phone/email: 631-477-0777 or 631-804-1585 / Bill Fish4(d-)Optonline. net Re: Oil spill remediation at 5025 Route 25. Greenpoint, NY 11944 / Island's End Golf and Country Club. Remediation Complete. NY DEC Spill # 1903704. Dear Mr. Fish, This letter serves to summarize the remediation efforts performed by ACV Enviro for Island's End Golf and Country Club at 5025 Route 25 in Greenpoint on July 16, 2019. ACV Enviro utilized hand tools and citrus cleaners as well as other absorbents to remove remnants of #2 heating oil spill on an exterior concrete pad and hand dug to remove similarly contaminated soil nearby. The site was satisfactorily cleaned and approved by the NY DEC representative for this reported spill # 1903704. Warmest regards, Wayne Parks General Manager ACV Enviro SC62 36-2 Rice Court, Medford, NY 11763 1 PHONE 631-569-2667 1 FAX 631-569-2668 1 ACVENVIRO.COM 1122115 Phase Environmental Site Assessment island's nd's _ . � Golf curse Greenport, New York NP&V Job # 19153 May 23, 20.9 CONFIDENTIAL AND PRIVILEGED Phase I Environmental Site .Assessment Island's End Golf Course Greenport, New York THIS DOCUMENT CONTAINS,28 PAGES OF -TEXT COPIES AND CIRCULATION OF TRIS REPORT ARE AS FOLLOWS: Two (2) copies to client One (1) copy retained in NP&V file Prepared For._ Melissa Spiro P.O. Box 1179 Town Hall Annex 54375 State Road 25 Southold, New York 11971-0959 Prepared By, a : Steven J. McGinn, CEI Nelson, Pope & Voorhis; LLC 572 Walt Whitman Road Melville, New York 11747 (631)427-5665 Copyright n 2019 by Nelson; Pope & Voorhis. LLC - I Phase 1 Environmental Site Assessment Island's End Golf Course 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to, identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-13 and United States Environmental Protection Agency (USEPA) Standards and 'Practices for All Appropriate Inquiries (AAI)) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting: Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The -subject property is located at 5025 SR 25' in the Hamlet of Greenport,, Town of Southold, Suffolk County, New York. The subject property consists of a 125± acre parcel of land located on the north side of Main Road, west of Golfview Court. Long Island Sound borders the property to the north. 'The subject property may be more particularly described as Suffolk County Tax Map 4 1000-35-02-12, 17.1, 1, 11. The subject property consists of the Island's End Golf and Country Club. The subject property consists of an eighteen (18) hole golf course, a bluff and beach area and a portion of the gravel parking area located on the southern portion of the property. The clubhouse, Pro Shop building and the maintenance barn associated with the golf course are not part of this report. Two (2) permanent structures are located in the central portion of the golf course. The eastern structure consists of two (2) bathrooms and well house with an old diesel pump engine. According to Gene Doroski, the chief engineer for the golf course, this well and pump engine are a back-up system for the main irrigation well and electric motor. Mr. Doroski indicated the diesel engine had 'not been run for approximately two (2) years. Staining was observed on the concrete engine mounts and the ground beneath the engine. The western structure is a wellhouse for the new irrigation well and electric motor. A ground mounted electrical transformer is located adjacent to the wellhouse and is covered by a wooden A -Frame structure. The one (1) bathroom located in the central portion of the property are connected to an on-site cesspool. Two (2) irrigation wells are located in the central portion of the property. There was no other evidence of discharge, staining. areas of stressed vegetation, residue of oils or other toxic substances. pools of discharge, petroleum or chemical odors, or other such indicators noted during the site reconnaissance, except for the staining observed in the vicinity of the old diesel pump engine. Aerial photographs from 1938. 1940. 1947, 1954; 1960; 1962, 1969; 1970, 1976, 1980, 1985, 1994; 2006; 2009, 2013. and 2017 aerial photographs of the subject property were reviewed in order to determine the previous uses of the subject property. The 1938 and 1940 aerials depicted the subject 'property as mainly agricultural land with wooded land on the western and northern 1'r Island's End Golf Course, Greenport Phase I ESA portions of elle property. several small buildings along the southern perimeter. In 1947, the wooded land along the western portion of the property had been removed and was converted to farmland. In 1954, a wellhouse located in the approximate area of the existing eastern wellhouse was present. In 1960, the eastern half of the property was being converted into a golf course. The western half remained farmland. In 1962 and 1970, the entire property had been converted into the existing golf course. No significant changes were observed in the aerial photographs from 1970 to 2017. Aerial photographs of the surrounding properties were reviewed in order to determine the previous uses of the surrounding area. Based in the 1938 aerial, the surrounding properties appeared to be utilized for agricultural purposes in all directions until 1962. In the 1970 aerial, the surrounding area to the south appeared developed for residential purposes. In the 1976 aerial, the surrounding area to the east appeared to be cleared of some vegetation and replaced with several roadways for further residential development. In the 1994 aerial, the surrounding property to the west appeared to be developed with several roadways for further residential development. No significant changes were observed in the aerials from 1966 to 2017. Historic topographic maps from 1904, 1947, 1956, 1976, and 2013 were available for the subject property and surrounding area. All of the maps reviewed did not depict any development on the subject property. Refer to Appendix F for a copy of the historic topographic maps. An extensive government records search identified the subject property twice as a Petroleum Bulk Storage (PBS) facility; however, the storage tanks associated with these listings are located in the area of maintenance barn which is not part of this report. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, no active and four- (4) closed Leaking Underground Storage Tank (LUST) incidents as well as four (4) active and eighteen (18) closed spill incidents were located within one-half (0.5) mile of the subject property. There are four (4) Petroleum Bulk Storage (PBS) facilities, two (2) Chemical Bulk Storage (CBS) facilities and two (2) RCRA Generators located within one-quarter (0.25) mile,of the subject property. A Tier l Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was (conducted in accordance with the methods and procedures outlined in ASTM E2600-15, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the "bier I Assessment: tJnr'radient Sources 1.760 feet for Chemical of Concei n (COC) 520 feet for petroleum hydrocarbons Cross-_, adient Sourcc4 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations y Pale 2 at 28 Island's End Golf Course, Greenport Phase I ESA Dotivn-eradient=Sources , 100'feet for COGpetroleurn hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources A review of the regulatory agency database report provided for the subject property did not identify any regulatory sites with documented conditions that could potentially result in environmental impacts. Based on the information reviewed, it is concluded that a VEC can be ruled out because it does not exist or is not likely to exist. This assessment has identified the following with respect to recognized environmental conditions, controlled recognized environmental conditions, historic recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the methodology and limitations of this report. One (l) recognized environmental condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1. Staining was observed on the concrete mounts and ground beneath the old diesel pump engine located in the eastern wellhouse on the subject property. No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No de minimus conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. i NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 and USEPA AAI for the subject property, the Island's End Golf Course, in Greenport New Yorl(. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment leas revealed evidence of one (1) recognized environmental condition in connection with the subject property, subject to the methodology and limitations of this report. C, <iS.tl..<`.f.O: .-:L. r' -V) {J. Page 3 or29 Typical view of wooded area between holes Gravel parking area on southern end of the property Island's End Golf Coarse Debris located in the northwest portion of the i)roDertY Typical view of golf course area Wellhouse and badrooms Typical view of bluff and beach area island's End Golf Course Old diesel pump engine in well house Staining on ground beneath the pump engine Island's End Golf Course Lft,ML Electric transformer Western well house and transformer Island's End Golf Course Water storage tank in western well house Limited Phase II Environmental Site Assessment Island's End Golf Course Greenport, New York NP&V Job # 19153 June 19, 2019 Limited Phase II Environmental Site Assessment Island's End Golf Course 1.0 INTRODUCTION AND PURPOSE Nelson, Pope & Voorhis, LLC (NP&V) has been contracted to prepare a Limited Phase II Environmental Site Assessment for the subject property. This report is intended to address recognized environmental conditions that were identified in a Phase I Environmental Site Assessment report prepared by Nelson, Pope & Voorhis, LLC dated May 23, 2019. The Phase I ESA was performed in accordance with the standards detailed by the American Society of Testing and Materials (ASTM) for the Performance of a Phase I Environmental Site Assessment (E 1527). This Limited Phase II ESA was designed to determine what, if any, impact on-site activities have had upon the environmental quality of the subject property. The subject property is located at 5025 Main Road (SR 25) in the Hamlet of Greenport, Town of Southold, Suffolk County, New York. The subject property consists of a 125± acre parcel of land located on the north side of Main Road, west of Golfview Court. Long Island Sound borders the property to the north. The subject property may be more particularly described as Suffolk County Tax Map # 1000-35-02-12, 17. 1, 1, 11. The subject property is occupied by the Island's End Golf and Country Club. The subject property consists of an eighteen (18) hole golf course, a bluff and beach area and a portion of the gravel parking area located on the southern portion of the property. The clubhouse, Pro Shop building and the maintenance barn associated with the golf course were not part of the Phase I report. Two (2) permanent structures are located in the central portion of the golf course. The eastern structure consists of two (2) bathrooms and a wellhouse with an old diesel pump engine. According to Gene Doroski, the chief engineer for the golf course, this well and pump engine are a back-up system for the main irrigation well and electric motor. Mr. Doroski indicated the diesel engine had not been run for approximately two (2) years. Staining was observed on the concrete engine mounts and the ground beneath the engine. The western stricture is a wellhouse for the new irrigation well and electric motor. A ground mounted electrical transformer is located adjacent to the wellhouse and is covered by a wooden A -Frame structure. The one (1) bathroom located in the central portion of the property are connected to an on-site cesspool. Two (2) irrigation wells are located in the central portion of the property. Based on these findings the Phase I Environmental Site Assessment identified recognized environmental conditions that prompted the performance of this Limited Phase II Environmental Site Assessment. These conditions included: The stained soil should be sampled in order to determine if a reportable spill is present or if the NYSDEC Spills Hotline should be contacted to report a spill If the spill is reportable, the NYSDE must be notified and the stained soil should be removed and properly disposed of at an approved disposal facility under the auspices of NYSDEC. NELEwd'Il POPE 6 VOORH]a LLC ENNMRONVENTtL . PANNING . CONSLLTING Island's End Golf Course, Greenport Limited Phase II ESA This assessment has been designed and performed by NP&V to determine of the stained soil on the ground beneath the old diesel pump engine constitutes a reportable spill. The laboratory analysis was provided by Long Island Analytical Laboratories, Inc. The protocol used to direct this investigation is based upon the following documents: 1) the New York State Department of Environmental Conservation (NYSDEC) Part 375 Environmental Remediation Program. The following sections detail the subject property and surrounding area characteristics, sampling program, quality assurance protocol, laboratory analysis methodology and laboratory results. NELSgy POPE 6 VOOPHIS LLC GWROWENTAL • Fx._.^.'J'vl� • '_:.T�NSLI,.'' NG Page 2 of 9 Island's End Golf Course, Greenport Limited Phase II ESA 5.0 SUMMARY AND CONCLUSION This investigation was completed to address issues raised in a prior Phase I ESA prepared by Nelson, Pope & Voorhis, LLC. A sampling and analysis program was designed to determine if the stained soil located beneath the pump engine in the wellhouse situated in the east central portion of the property contained any volatile or semi -volatile organic compounds. The sampling and analysis plan consisted of soil/sediment quality testing using analytical test methods consistent with expected parameters and agency soil cleanup objectives. The following presents an evaluation of the results of this investigation. 1. The laboratory analysis performed on the soil sample obtained from within the wellhouse contained no elevated concentrations of volatile and semi -volatile organic compounds. As a result, there is no evidence that a reportable quantity of material has been released and therefore contact with the NYSDEC Spills Hotline does not appear to be warranted. However, it is recommended that the stained soils be removed and properly disposed of. In addition, the leak which caused the staining should be repaired to prevent future releases to the surface soils of the subject property. The subject property has been evaluated consistent with the findings of a Phase I ESA, and in accordance with standard practice for the industry. This Limited Phase II ESA addresses only the specific areas of the site warranting further analysis and can only provide conclusions regarding the surface soil quality in the specific area tested. The Limited Phase 11 ESA report is limited to the evaluation of on-site conditions at the time of completion of the field sampling program. Date of Completion ks"111, NEL.:,QY POPE 6 VOORHIS LLC i:W,RC 1\WENT. L . P A VNIG • CC,14SL'LTING Charles J. Voorhis, CEP, AICP Project Manager Page 7 of 9 S T A T E M E N T CLOSING STATEMENT ISLAND'S END GOLF AND COUNTRY CLUB, INC. to TOWN OF SOUTHOLD SCTM #1000-35.-2-12 (5243 NYS Rt 25, Greenport) SCTM #1000-35.-2-17.1 (4675 NYS Rt 25, Greenport) and WILLIAM KING and MARY PACINDA TURNER, as Executrix of the Last Will and Testament of ROBERT TURNER to TOWN OF SOUTHOLD SCTM #1000-35.-2-1 (3365 NYS Rt 25, Greenport) SCTM #1000-35.-2-11 (5025 NYS Rt 25, Greenport) CONSERVATION EASEMENTS Total Parcel Acreage — 126.71 acres (Island's End Golf = 32.86 acres) (King/Turner = 93.85 acres) Total Protected Areas —116.53 acres (Island's End Golf = 30.03 acres) (King/Turner = 86.5 acres) Development Area — 2.4 acres (Island's End Golf) Development Area — 5.5 acres (King/Turner) Development Area —1.85 acres (King/Turner) Existing Parking Easement Area — 0.43 acres (Liber D00012862, Page 761, recorded 5/2/2016) Closing took place on Friday, December 6, 2019 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $5,175,000.00 (per contracts) disbursed as follows: Island's End Golf & Country Club, Inc: Island's End Golf & Country Club, Inc. (12/612019) Peconic Land Trust, Inc. (12/6/2019) William King (12/6/2019) Estate of Robert Turner (12/6/2019) Hoverkamp Law PLLC (12/612019) William King & Robert Turner William King (12/6/2019) Estate of Robert Turner (12/6/2019) Peconic Land Trust, Inc. (12/6/2019) Expenses of Closing: $1,224,250 $ 15,000 $ 22,500 $ 22,500 9,500 $1,293,750 $1,933,125 $1,933,125 $ 15,000 $3,881,250 $ 1,293,750.00 $ 3,881,250.00 $ 5,175,000.00 Appraisal Payable to Lawrence Indimine Consulting Corp. $ (5/22/2018) Survey Payable to JM Land Surveyor, DPC (7/30/2019) 9,500.00 18,750.00 Environmental Report (Phase I & Phase II ESA) Payable to Nelson, Pope & Voohris, LLC $ 1,500.00 (6/4/2019) Payable to Nelson, Pope & Voorhis, LLC $ 1,155.00 (8/13/2019) Title Report #7404-004490 (Island's End Golf) Payable to Fidelity National Title $ 6,317.00 (12/6/2019) Title insurance policy $ 5304 Recording easement $ 645 Extra chain charge $ 250 Municipals $ 68 Endorsements $ 50 Title Report #7404-004491 (King/Turner) Payable to Fidelity National Title $ 15,323.00 (12/6/2019) Title insurance policy $ 14,310 Recording easement $ 645 Extra chain charge $ 250 Municipals $ 68 Endorsements $ 50 Title Closer Attendance Fee Payable to Robert DeFrese (Island's End Golf) $ (12/6/2019) 150.00 Payable to Robert DeFrese (King/Turner) $ 150.00 (12/6/2019) Those present at Closing: Scott A. Russell Mary C. Wilson, Esq. William King David Jannuzzi, Esq. Mary Pacinda Turner, Executrix William D. Moore, Esq. Catherine Chaudhuri Toni Hoverkamp, Esq. Meinrad Danzer Barbara Koch Mark Levine Holly Sanford Melanie Cirillo Robert DeFrese Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller (King) Seller, Estate of Robert Turner Attorney for Sellers (Turner) President, Island's End Golf Attorney for Seller (Island's End Golf) Island's End Golf, Treasurer Island's End Golf, Shareholder Island's End Golf Peconic Land Trust, Project Manager PLT, Director of Conservation Planning Title Company Closer Land Preservation Coordinator Sr Administrative Assistant Lawrence Indimine Consulting Corp. 18 Bailey Lane Manorville, NY 11949 (631) 979-2735 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 Description Appraisal of Property of King Trust and Island's End Golf and Country Club, Inc. SCTM #1000-35-2-1, 11, 12 & 17.1 File #18037 'EF;LEJ) M AY 15 2018 DEPT. OF LAND Fhank you for your business. Total Invoice Date Invoice # 5/11/2018 924 Amount 9,500.00 $9,500.00 John Minto, L.S. PO Box 1408 93 Smithtown Boulevard Smithtown, N.Y. 11787 Phone: 6317244832 Fax: 631724 5455 Mintoville@aol.com If ;.� L "" i` •. .,.�(.;" , _. .r [. rv_••.•�} f�•.i' k.:,��. •'"".•iii;e�-:.). Bill To: Town Of Southold melanie.doroski@town.southold.ny.us P.O. Box 1179 Southold, New York 11971-0959 Invoice Invoice No: 5680 Date: 05/18/2019 Code Description Amount Project located in the Town of Southold, NY a total of 125 acres plus or minus. Sctm 1000-35-02-12 & 1000-35-02-17.1 & 1000-35-01-01 & 1000-35-02-11 Reference the scope of services requested for professional surveying services from the Department of Land Preservation Town of Southold dated April 10, 2019, Regarding Island's End Golf and Country club, Inc (the Club) and property known as William King and Robert Turner, as tenants in common (the "King Trust"). This estimate includes all of the items outlined in said request. BDWG Upon completion of the preliminary It is our understanding the surveywill be reviewed to make sure the areas are satisfactory $18,750.00 to the Land Preservation Committee and the existing land owners. Any changes to the preliminary plans will be made at this point Once the plans are deemed satisfactory eight original survey prints will be provided along with a reduced Digital copy in PDF format. Time schedule within 4weeks RURECENED JUN _. 3 2019 LAND PRESERVATION ER I ATON EPT Subtotal $18,750.00 TAX 0% $0.00 Total $18,750.00 PAID $0.00 Balance Due $18,750.00 ,,. All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days Invoice NELSON POPE VOORHIS 572"Walt•Whitrrian Road ' - ' - , " `. '� . 't� •Melville,'NY'•11747 - • (631)427-5665 Melissa -Spiro Town of Southold Dept of Land Presery Town • Hal I 53095 State -Rt 25, PO Box 1"179 Southold, NY 11971 P,rojecV P_ rofes_si o_n_a l-_S_erV Phase, - Project -No,:' Ihvoice No: 19545 Project Manager ` Steven McGinn V19X140,001.000 Island's End Golf Course, Greenport •'--- rt,, .{s 1. - F•t! .'n :. �E.. 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".,•F .lei,(:; �:� ,-�, ,.t=,:• ,'1?. �`'�. ;9st. •;; it. n: 'ar;• � y;.i}., �. :�'•: y;•, .. f'��-°,:;..: ^i•:r A' ''p�'}”-*: a� «r y...- - t� �}-. ,cee `'�•. .Ar-�', v3, �{'�,(r,.,:3`3h+Sw'' ?,= .,ZrC+y{�,• tr ,•r .t..,x. -,`fr`',` r}.: •:., c�'es+., ,ti .k"•^p• S' ?, „ • ..�,. .F:7;, -•,1 s<jLrq, ,f 3`: .i'uba.•,.rt:r.=••.'' :Iii:,; }... ...,� x-" .r,�# ,�,,�, n .a `:a ;;'r ": r �,'' `%''e-=,i•.:��_ ,�.<<,i •<y,i ',}: �Yt: ,=jr�„ter' .-�k” '=�'��t'? ,•t'r`fa,i: �''r ti •,' :i• � ,'.0 'F'gtal tliis�Task; - i' ._�;, :�s$1 155.00'- =' jti` ' -. , ,.r •i,�4 ti.'r Si•`.T`• .1 ' � •Zi•, .:� nr �.i.:-r'' • _ !� x," •,t' '{,t,3'u�. . L:}-, t:^� :.,:y.�.,,.: y� � 'z• •..tC,• ;p.n :•a: ��.< ^_Y.T s.a� "; 't'�"'` ar �-p; ;t'F+.h •,•y''' -. 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'��. il!•�":i•ti'; �§� - - 1 ,fir .^k" 1:� _ Cr['t'"'�'.' ��•'• .i'.A.^� .. , ^1 r`�"'+' 'f.f•i `t'•>y �.�Y.: :r�>4?l, - 17., r-�'4 .t'- •"j•z.` eti�=:,','N: X;;•'a_ �•. t. w,Z '`y7i A;. ;ate, .y, 2, - _ _ �:+A•v w=� ^^.i;• '�r4-,%-:- , - i`,' :•:y` . •'r� ".,. •.,; ,t '� �. t:' 1, �'':','.>. .,,r i,; ;•z:;' '3 e .. ;,.,•,, i4`, +, .' ,"'y`•,j rr!,r �": '•{: RECEIVE[ AVG - 2 2019 LAND PRESERVATION DEPT Town of Southold All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days 7404-004490 Fidelity National Title Insurance Services, LLC nm 24 Commerce Drive, Riverhead, NY 11901 [ ] NYS GOOD FAITH ESTIMATE PHONE (631)727-0600 1 FAX (631)727.0606 [x] FINAL STATEMENT [ ] ESTIMATED STATEMENT Title No: 7404-004490 IClosing Date: 12/06/19 Closer: Robert DeFrese(Title Closer) (631)835-3709 Applicant: Town of Southold Lender: Buyer: Town of Southold Lender Attorney: Seller: Island's End Golf and Country Club, Inc Seller Attorney: Hoverkamp Law PLLC Premises: 5243 NYS Route 25 County: Suffolk Greenport, NY 11944 Suffolk 4675 NYS Route 25 Greenport, NY 11944 Fee Amount: $1,293,750.00 Mortgage Amount: $000 i•. a�,•., :_iR:�'xS�i'.t,:.i: '`t'f':"au ',t�z^' 4:i�;; ,'iES?{'.'-..><S; r'3-; ,;,'t'r't <-r•,i ...3 •-n'3'- d>t; `.a t... : w°:.:.a> .i''. - ' _1� i :�fd • t 'St': _}'>i "�,� _ d �1r,•�,+�' .� 1Yi- CONt �NY;C $GEST °: ,r=,. • .,tt; 1q'ount: �, Bu eru;:.a:,r_.sf' ,w;= PA HA ,� •.y°� .:s>�=' sti; :ti :� m Fee Premium $1,293,750.00 $5,30400 Extra Chain Charge $250.00 Municipal Totals - See Attached $68.00 Endorsements Totals - See Attached $5000 Total Company Charges: $ $ $ $ z.1: °.°i �'wi .°'�� iNj'E«S jf„�5 aie :'�; _ :.r. .,,r.. .:Ig '%:" f:'S .^r• . .. ' 'Lender LenderRECQRDINGTQ'- AmSr ' CPF Tax Exempt Conveyance Tax Exempt Total Recording Charges: a•i;v ,+.� > ^'�d> - - :<i:- '.r—?,•, '^}+ '..•a� r. �: -?;.: r.... .. �aT.;^s_ :'t+;,�.a i' '� ;,f � . i', : q„ ,.1': ;,.J, .,'C,m do n `� � ; r^4 ,• < , x •, 't%`.„ �,.'., Y�EGORDING.CHARGES °Amounti':.:hl`ender: _.., . Easement $645.00 Total Recording Charges: $645.00 sib 11t:'i:=JSz :�stti+..,[s� L":s 'j�:�ft Y? �..}',t.i j.:i.'3�::ifv;.t �'>a<: - �: ¢: �- _ .-,1� i.i�: .•.i :?;.'. 'Li : '=j =: r:`S:T'K,•S, y,,"..t-' : y"',i r`.`; „"`d,'.ji•.ae": •a :.{;p,�r.-ut..i>"'°' "'^':Z:.s•- .i.' -.s L.' ...ss�,rt..;!`a�3' SeCROW8�'EXCtlAN6ESiESC ->` Y :2:^', t,s ;1. ,' ::u::.z =e -.;::^ rAmount: j:.t • •:�. B,u'.erc ' }Seller: ��;�>.:;"� :Lender. Total Escrow 8r Exchan a Charges: ea'; "Y.�,'S�1;, '�::�; f:.`,�S;t'.. +.'.'s;'tP'N-, ..i'y�' 'W i.ie'=r� 'a$i';.7x't,:l='' ;;n` :�rJ:,`- • 'r'a. ';';z�l,�f,'::,>,� ..,. .r', .� .+, ,..; av, i• #: 'i,�"..�' �.•rt.:: !' c,t; ,�";�; '�,-�•��`iC-,�%°�,•sa i'•i:�a;;:�i: �',,,�;�'�.5{!i',',••;a f .=t: f.Yy'w �,•.C:�y1Y+' .l .te{��<y° h1.!t:?., 9, .�$.;:: �ltl,,-.i't'..6.'a-,� t.9� f.•.: F'ti OTAL' GHi4RGES:}. ••°t;? ;,[ k t „•..4.��t' ;.n;;s- '�`' e� 6�31,7..d0, ?'�;, �` . s:' .:;=}^5:,::h CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC _ :M1•u:c::.I�'-r°T:;€.�::,LTi�t!"i:^rciv'.1.=;u:'?;t'»^3;�..."'.^'=""r.:'.su"'T, :�4-:�-�, z:3,�'l;u'�""., �Tfl;c:*4'.'."«.S..Si:.::.;.ii,='t-+�';`5.^ni'F'Y^^C7'2'?T'":.:'i'.`..' _„"i.,,^"....T+'�7J'5�:.'�7 ;sst� `�.�;,'L7?1' 'fir -.,rr• +rr}: .. •: ,`a.ir, i1a;.. .•;{4: `.•a•r :b'%+ 'ti';'.i _.t et t -,n r; Total Checks $ .I y'H.yft • 11i;„ I Zt'n ... L�� - 111 ....a; yl `. ,+.'%"': i �'. 4.::'S"" •J {.4rd• LIST;AL R CHECKS'a r' } =i•. 'i;' "'ti''"';;c %" ' "'' . x• .�. s*� f.., �:rA', �' s'44 � fx � 4;';;',': " :rf � i:i� rtf ""`�^ r -': ,:.ro°-;•vZ 6;•, .yrl:' '-''jet. �i^.l:�.t•zii.: ",•^w, .'tltcp'y,,.A:t'.:"..Ia,. ¥'y" s'osi l'2. -•' .rOm<=.I r:'�;,e �`y. ?:i.!?rz�:,a r. _ .,r• .}:,:r _ .,,�;. z��.•.j; .i^{'`?,:,�•'i?'.rv.'..i�`�•,�i..,KeE.it"�F.y.:: -F,�z s .,°4.: +..•r.•.za.t � � :;i�X 'r:'3 • t;s �Fh'eCk,No::;�v�� ' *i:.,_ �'t'�°o 4..F i' :..t.r,s . rrlOunt...�'�;3 , zr•. n1": Total Other Checks $ O: frC 'LECT TAL, OL ;:' 7 ?tf it :..,- ,.•i` i. :§.s'„ r.=. ; i ''_ ; x ~'.• r:: ,r.,::, .'n NY We BJI Page 1 of 2 (7404-004490/49) December 03, 2019 1121 AM 74D4-004491 Fidelity National Title Insurance Services, LLC 24 Commerce Drive, Riverhead, NY 11901 [ ] NYS GOOD FAITH ESTIMATE PHONE- (631)727-0600 1 FAX (631)727-0606 [x] FINAL STATEMENT [ ] ESTIMATED STATEMENT Title No: 7404-004491 IClosing Date: 12/06/19 Closer: Robert DeFrese(Title Closer) (631)835-3709 Applicant: Town of Southold Lender: Buyer: Town of Southold Lender Attorney: Seller: William King and Robert Turner, as Tenants in Seller Attorney: William D. Moore, Esq. Common Premises: 3365 NYS Route 25 County: Suffolk Greenport, NY 11944 Suffolk 5025 NYS Route 25 Greenport, NY 11944 Fee Amount: $3,881,250.00 r; s3•: ;:" " "'' "" ' ": ;trt: ` Mortgage Amount: $0.00 _ — - .:.1 i _ 'sem j£°w _ - l,e • rpi _ ':'S»:3�`+ :.....y • •..�at.,,,�.: - ,`{ i V - •, :1,�-..., G • - CO N• 'G' ES;µ '` ~: %, ,.,r" Amounti {Bu` er:' >.Sellec' Lender: MPA Y HARG ,:, " Fee Premium $3,881,250.00 $14,310.00 Extra Chain Charge $25000 Municipal Totals - See Attached $68.00 Endorsements Totals - See Attached $50.00 Total Company Charges: $ $ $ .5 L'q r". ':Y" ;`y:e. _ :'W",s .: fir• «.?s`.., -:r ».'6;` :L :. f,. mount: ,.�. „Bii;er.-aF~�: .��=.~1rSeller'• :,�._,v, 'Lender: CPF Tax Exempt Conveyance Tax Exempt Total Recording Charges: 'es":.•`�-ie'.3C �i�.�« :'t. .•riL';l• :;f.-; '.S'. �t -_ .;{t;i" it .; •: RECORDING GIiAl2GES .s ; . ,,,' W, '; t,Amoi►iit : t` ::_ ;Bu er,:, :Sellei:,i,,: ; `;L'ender Easement $645.00 Total Recording Charges: $645.00 y sy.• .'a .�L; �(,- '�; :1��:G:v .•�_-. ., a:_ .a�••t; .' 3.. -'-==F =ta�:r«': s.. ^'; ix - �'''':''�': `.�•': o .s`,'�.;C�.� :3.; - ,r;t:, '"'" `�,,., a:ir ,.. t„s' .a:�i^.''.•:""` ,:i, -;u ESCROIII%i&=EXCHANGC ES= E '_.; ~' Ainou'nt: yr:: Bu' .ee (r,s;:. x ,, .;, S:T.z ��. • �:r:. .:Setter. Total Escrow & Exchange Charges: ��4 ., jJ.S:x�,.. q.�;j-or3"°cYY:: ;. .��„;-)i :-- _ :s4"y e.r>r"'�'i&';1ry+,%sa �-b '•.,'.'r�{: :1'�«- �✓a�,tpr .it.::.P,✓r«rte>yi.`:':�1�'f�'��r' - X7'Y 4K 's' .{_.. -'<s'-�i>'3"r�'�'; ;'P.�="r(-.. ".M1'.. .,r't3'. �. �,e"',4,••'.:..x`i �s...,r,�+., :"; �(:�v: E•.r. <'3.. :O'1'A�1CH,4RGE5; �31�• >`r :cd.,>s=. :�r.xA:S: ' s', �<'a'h ... �::„':`�> i '.:�t�a$16;323:Q0:.: .,�., ,• : , ,;. •_.°rtti:t.:'4;'•lY:P:1�4_i°}`i!'t:v.§:mew✓.�_�I.Pl'3:':s.:s'3:i�..^..�::.a'2�,iiiw;.i�•s'�{"'*.i.�"...t<`J:m'_•-Z•�.-:::':..+P�v"u..vs..: •:i',:iab<7_�:n..�a`..c CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC _ F"roiri.:�a,�-�c±.: _,re��;r ..�- 'liecli:No.. .t:• x.s.=.r.�,�%"�.�;;...,.';� .'mount::::z:, � �c�:�� •���,:, Total Checks $ f Y i t',• 'i,: :fll•'.? ; �Y:: Y * yi �b "'.F »a; y,r.. q.'4'••+ ` LIST=i4LUQTHERiC1iE_. h�` "Y"�., ;. .i ,r,;.+:Tar''?t-s:"--'• ._.t:» ':�: "-' ,y. �.(_ „t, _y.'• i•'I.s ;^ .} V y '�}` - ' l,ii• t:;•:°fy�a t=••• 4°: ..t:t. >_,.�,::.. =-r� � •s�;� i.,... , <, `""' `i'>N.�.,,;;:.,.%:. �, 'j r`'f:;"' .h+' .'.`t. ti::. �:a•::�.' :,.�,', &, :;. �:., _=.1,._ .��c�_.::. . mount:.c,.:':::�. . {`•"'`" otal Other Checks OTAL' COLLECTED r' i '-1:. _''�: •,.'t..,•.• ':�L'. .i. ?.:X t:i 1;'-'.1}s,at;>r is}'.,c.: :t�: NY Title Btll Page 1 of 2 (7404-004491/82) December 03, 2019 1108 AM C O N S E R V A T I O N SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/19/2019 Number of Pages: 31 At: 03:32:24 PM Receipt Number : 19-0237972 $155.00 NO TRANSFER TAX NUMBER: 19-15097 LIBER: D00013040 $5.00 NO PAGE: 996 District: Section: Block: Lot: Notation 1000 035.00 02.00 017.001 NO EXAMINED AND CHARGED AS FOLLOWS' Transfer tax' $0.00 :ed Amount: $1,293,750.00 $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $155.00 NO Handling $20.00 COE $5.00 NO NYS SRCHG $15.00 TP -584 $5.00 NO Notation $0.00 Cert.Copies $0.00 NO RPT $400.00 Transfer tax' $0.00 NO Comm.Pres $0.00 Fees Paid $600.00 TRANSFER TAX NUMBER: 19-15097 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Exempt NO NO NO NO NO Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp I Recording / Filing Stamps 3 I FEES Page / Filing Fee Fbation 20. 00 EA-520A.T Sub Total EA -S va R.P..—O(ComS. 00 ;3' � Affidavit •� Certified Copy NYS Surcharge 15. 00 Sub Total Other 4 1 Dist. It Real Property Tax Service Agency Verification Grand Total I 19040427 I I , -1 C12�a cf ea _ 4ILP 1 Mortgage Amt - 1 Basic Tax 2. Additional Tax Sub Total Spec /Assn. or Spec./Add TOT MTG TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page# ofthiS+ri�ifnenfr G 5 I Community Preservation Fund Consideration Amount CPF Tax Due $ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant I- d TD ((//fj�� ��• /3� /17p � TD n� pp %VY /l `l7 (( TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name tio&�. www.suffolkcountyny.gov/clerk Title # O — V'00 8 Suffolk Countv Recording & Endorsement Page This page forms part of the attached Co�vSery�Ti'o.,-J Fse�tea r made by: (SPECIFY TYPE OF INSTRUMENT) 'T S/ fS e..unrWy �2&k The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of —TwN O� �bc�.o l c2 In the VILLAGE nn or HAMLET of C�eN�or BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. I -- TS — — ` (FR T S Doc ID: 19040427 LPA ADEC-19 Tax Maps District Secton Block Lot School District 1000 03500 0200 012000 1000 03500 0200 017001 GREENPORT Sub Division Name 1.......... �.,.� 4-7 nr%-I( DEED OF CONSERVATION EASEMENT c Between ISLAND'S END GOLF AND COUNTRY CLUB, INC. And THE TOWN OF SOUTHOLD THIS DEED OF CONSERVATION EASEMENT made by and between ISLAND'S END GOLF AND COUNTRY CLUB, INC., located at 5243 and 4675 Rte. 25 Greenport, New York, hereinafter referred to as "Grantor", and TOWN OF SOUTHOLD, a municipal corporation with offices at 54375 Main Road, Southold, NY 11971, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located at 4675 and 5243 Route 25, Town of Southold, County of Suffolk 1000, Section 35, Block 2, Lot 12 and Lot 17.1 hereinafter referred to collectively as "Premises" consisting of approximately 32.86 acres and more particularly bounded and described in Schedule "A", attached hereto and incorporated herein by reference; and WHEREAS, the Premises shall be governed by the terms of this Conservation Easement; and WHEREAS, Grantor has identified and designated two areas on the Premises which is the subject of this Easement, more fully described and defined herein as the "Protected Area" and the "Development Area" respectively; and WHEREAS, Grantor wishes to grant and transfer to Grantee, in perpetuity, pursuant to the provisions of Section 170(h) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder (the "Code") and Article 49, Title 3, of the Environmental Conservation Law of the State of New York (the "Conservation Law"), certain development rights on a portion of the Premises, approximately 30.03 acres herein referred to collectively as the "Protected Area" more particularly bounded and described in "Schedule B" attached hereto and incorporated herein by reference (the "Protected Area"), due to its open, scenic, and recreational value and significance; and WHEREAS, Grantor wishes to retain certain development rights on what is referred to as "Development Areas" on the Premises consisting of approximately 2.4 acres and more particularly bounded and described in "Schedule C" and wishes to exclude the area marked "parking easement area" located on the parcel identified as SCTM#1000-35-2-17.1 and consisting of .43 acres, from this Easement, said area more particularly bounded and described iri "Schedule D"; and WHEREAS, the Premises has significant open, natural, scenic, and recreational values (the "Conservation Values") of great importance to Grantor, to Grantee, to the people of the Town of Southold, to the people of the County of Suffolk, and to the State of New York; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to promote conservation of land for recreational opportunities; and WHEREAS, Grantee has the commitment and resources to enforce, and will enforce, the provisions of this Easement; and WHEREAS, accordingly, Grantee is a "qualified organization" under Section 170(h)(3) of the Code; and WHEREAS, New York State has recognized the importance of efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of the Environmental Conservation Law, Section 49-0301 et seq; and WHEREAS, protection of the Premises will accomplish a number of the factors determining "significant public benefit" under Treas. Reg. Section 1. 1 70A- 1 4(d)(4)(iv); and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the public recreational value and character of the Premises and have the common purpose of conserving the Conservation Values of the Premises by the conveyance to the Grantee of this Easement on, over and across the Premises which conservation and protection will not only conserve the use of the Premises for recreational purposes, but will also provide affordable recreational opportunities for the residents of the Town of Southold and others in the area and prohibit the development of the Premises for any other purpose but recreational use, except as provided in this Easement, in perpetuity; and WHEREAS, Grantor and Grantee acknowledge that the Premises, together with the adjacent two parcels currently identified as SCTM#1000-35-2-1 and #1000-35-2-11, as further illustrated on Exhibit A, attached hereto and incorporated herein by this reference, comprise the operating golf course and that the owners of such adjacent parcels are entering into a similar easement with the Grantee concurrent with this Easement, to be recorded simultaneously herewith, in the land records of the Clerk of the County of Suffolk, State of New York, in order to preserve the existing golf course use pursuant to clearly delineated government conservation policy, for the scenic enjoyment of the general public, for public outdoor recreation; and WHEREAS, protection of the Premises through this Easement will provide substantial and regular public outdoor recreational opportunities for the general public, and accordingly this Easement meets the requirements of Section 170(h)(4)(A)(i) of the Code; and M WHEREAS, this Deed of Conservation Easement permits Grantor, with the approval of Grantee and at the discretion of Grantee, to cease the recreation use and commence an agricultural use of the Protected Area and the Development Area; and WHEREAS, should Grantor elect to convert the use of the Protected Area from recreational to agricultural use, the provisions of Sections 4.6, 4.7, 4.8 and 4.9 are rights granted herein to Grantor for use of the Protected Area for agricultural purposes, and in all other respects the rights, restrictions, and limitations in this Deed of Conservation Easement shall be in effect in their entirety; and WHEREAS, the Premises is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Premises contains soils classified as Prime Farmland and Farmland of Statewide Importance worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected Area in its scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS the funds to preserve these premises were obtained through the Peconic Bay Region Preservation Act which was signed into law by Governor George Pataki on June 22, 1998 and subsequently updated and approved by public referendum by the 'residents of Southold Town in 2003, and most recently in July 2016; and WHEREAS the premises are specifically identified in the Community Preservation Plan as eligible parcels; and WHEREAS the existing legislation and purpose of the Community Preservation Fund specifically states that the preservation of the community character will contain one or more of the following: Establishment of parks, nature preserves, recreational areas, and the preservation of open space, among other conservation values; and WHEREAS, protection of the Premises will accomplish a number of the factors determining "significant public benefit" under Treas. Reg. Section 1. 1 70A- 1 4(d)(4)(iv); and WHEREAS, accordingly, protection of the Premises is for the scenic enjoyment of the general public and will yield a significant public benefit, and therefore this Easement meets the 3 requirements of Section 170(h)(4)(A)(iii)(I) of the Code; and WHEREAS, accordingly, protection of the Premises is pursuant to clearly delineated federal, state, and local governmental conservation policies and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(a)(iii)(II) of the Code; and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational or other open space purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Premises is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Premises as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, the Conservation Values are further documented in the Baseline Documentation Report (the "Baseline Documentation"), a copy of which is on file at the offices of Grantor and Grantee, and Grantor and Grantee have therein acknowledged and hereby acknowledge said Baseline Documentation memorializes the condition of the Premises as of the effective date of this grant; and WHEREAS, Grantor intends, as owner of the Premises, hereby to convey to Grantee the right to preserve and protect the Conservation Values in perpetuity and represents that the Premises is free and clear of all encumbrances except for rights-of-way, easements, and reservations of record as of the effective date of this grant; and WHEREAS, Grantor warrants and represents that Grantor has the authority to enter into this Easement and that Grantor freely and voluntarily conveys this Easement to Grantee; and WHEREAS, Grantor has agreed to accept consideration for this Easement which consideration is significantly below the fair market value of the Easement, as determined by a qualified appraisal, and both Grantor and Grantee acknowledge that the granting of this Easement constitutes a "bargain sale" Grantee pursuant to the provisions of Section 1011(b) of the Code; and WHEREAS, Grantor and Grantee recognize the open space and scenic vista value of the Premises and have the common purpose of maintaining said open space and scenic vista to the maximum extent possible, limiting the area of structures and improvements supporting and accessory to, the principal recreation use of a golf course in and on the Premises and reserving , potential development areas as shown as the "development area" in the survey map identified as Schedule "C", annexed hereto and made a part hereof; M WHEREAS, Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose; NOW, THEREFORE, in consideration of the Grantor's receipt of Grantee's public funding provided by the Southold Community Preservation Fund in the amount of One Million Two Hundred Ninety Three Thousand Seven Hundred Fifty and 00/100 ($1,293,750.00) Dollars, and other good and valuable consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Conservation Easement, in gross, together with the Right of First Refusal on the Premises, which shall be binding upon and shall restrict the Premises, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Easement, the rights and interests in connection therewith and as hereinafter set forth, with respect to the Premises, unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of said Premises, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes in perpetuity upon and with respect to said Premises. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: ARTICLE ONE THE EASEMENT 1.01 Purpose: It is the purpose of this Easement to ensure that the Protected Area will be retained predominantly in its open and scenic condition in perpetuity for conservation purposes and to prevent any use of the Protected Area that will significantly impair or interfere with the Conservation Values. If for any reason the Protected Area is no longer used as a golf course open to the public for a fee, the Protected Area may be used, at the discretion of Grantee, in perpetuity, either (a) for public outdoor recreation, pursuant to the provisions set forth in Section 4.06 or (b) for agriculture purposes, as further described in Sections 4.06, 4.07, 4.08 and 4.09. 1.02 Type: This Deed of Development Rights conveys a Conservation Easement in perpetuity, pursuant to Section 170(h) of the Code and the Conservation Law. Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use restrictions recited in this Indenture. Reference to this Easement or its "provisions" in this Deed shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. 1.03 Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and wi same shall benefit the Grantee its successors and assigns, and that the burdens of said Recreation Easement are perpetual and shall run with the land. 1.04 Effect: The covenants, limitations, conditions, covenants, agreements, provisions and use restrictions of this Easement shall run with the, Premises and shall protect the Conservation Values of the Premises, in perpetuity as an incorporeal interest in the Premises, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS 2.01 Development Rights - shall mean the permanent legal interest and right to prohibit or restrict the use of the Premises for uses other than those open space, recreational uses, or agricultural uses set forth herein. 2.02 Structure — anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways, parking areas or walkways. 2.03 Lawn — shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not considered lawn. 2.04 Riding Academy — shall mean a business use of a parcel for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction, or the holding of horse show or other equine events. ARTICLE THREE PROHIBITED ACTS Unless otherwise permitted under Article Four hereof, from and after the effective date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Premises: 3.01 Dumping: There shall be no dumping of ashes, trash, garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground storage tanks in, on or under the Premises; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall on activities be conducted on the Premises which could cause erosion or siltation on the' Protected Area without prior written approval from Grantee. 3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all - terrain vehicles or other motorized recreational vehicles, except as usual and customary for the use and enjoyment, maintenance, and operation of the Protected Area as permitted in this Easement. 3.03 Buildings and Structures: The construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or under the Protected Area shall be prohibited, except as provided under Section 4.04 and 4.08 herein, for permitted recreation uses. Other structures and improvements, not now present on the Protected Area and so identified in the Baseline Documentation, including, but not limited to driveways, trails, fences and drainage structures as permitted in Section 4.04 and 4.08 hereof, shall not be erected on, over, or under the Protected Area without the prior written consent of the Grantee as may be required by the Code of the Town of Southold, which may be granted if the structure or improvement is supportive of and subordinate to the protection of the Conservation Values, and does not defeat or'derogate from the purpose of this Easement or other applicable law. 3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Area shall be prohibited. There shall be no vegetative or tree clearing, except as is necessary for recreation uses permitted by this Easement. Nothing herein shall preclude Grantor from performing those activities that are usual and customary to golf course/driving range construction and/or maintenance, or other presently existing or permitted uses on the Protected Area or for purposes of erosion control and soil conservation, or any excavation or filling necessary for the erection of permitted structures pursuant to Sections 4.04 and 4.08 herein. 3.05 , Subdivision/Partial Lease: No subdivision or partitioning of the Premises shall be permitted. The lease of any portion of the Protected Area for any purpose other than for uses consistent with current recreational use shall not be permitted. Notwithstanding the foregoing, Section 7.01 shall apply in the case of the sale of the Premises and Section 7.02 in the event of a Lot Line Modification /Resubdivision. 3.06' Signs: The display of signs, billboards, or advertisements on the Protected Area shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Area and only for the following purposes: a) to state the name of the Protected Area and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Protected Area for, c) temporarily to advertise the Protected Area or any portion thereof for sale or rent (subject to and in accordance with applicable provisions of the Code of the Town of Southold), d) to post the Protected Area to control unauthorized entry or use, and e) to announce the Grantee's easement. Grantee acknowledges that currently existing and approved signage, billboards and advertisements on the Protected Area, as identified in the Baseline Documentation, do not adversely impact the Conservation Values. 7 3.07 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Protected Area shall be prohibited, except as reasonable and necessary to support the permitted structures on the Protected Area. 3.08 Amplified Sound: The use of amplifiers or other similar devices for sound shall be permitted only to the extent noise levels do not exceed those allowed under applicable laws, ordinances, rule and regulations. 3.09 Prohibited Uses: - The use of the Protected Area for any permanent or temporary, residential, commercial or industrial use shall be prohibited except for those uses presently existing (and so identified in the Baseline Documentation) or permitted in this Easement. Nothing shall preclude the use of the Protected Area for recreation uses as permitted by this Easement or the conversion to agricultural uses as permitted in Sections 4.06 through 4.08 herein. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership: Subject to the limitations in this Easement, Grantor shall retain all other customary rights of ownership in the Premises, including but not limited to those particularly described in this Article herein. 4.02 Possession:! Grantor shall continue to have the right to exclusive use and possession of the Premises 4.03 Use: Grantor shall have the right to use the Premises for public recreation uses and in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable laws of the Town of Southold, County of Suffolk, State of New York and federal government, and which would be consistent with the perpetual protection of the Conservation Values and would not defeat or derogate from the purpose of this Recreation Easement. 4.04 Structures and Improvements for Recreational Purposes A. Allowable Improvements on the Protected Area: Grantor shall have the right to maintain, remodel, and expand as described below existing structures and improvements on the Protected Area, as identified in the Baseline Documentation, and such other structures and improvements, except any additional golf club houses, that are subordinate to and supportive of the recreation uses permitted by this Easement, provided, in the case of such other accessory structures and improvements, Grantor has received the prior written consent of the Grantee as same may be required by the Code of the Town of Southold, which shall be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement and other applicable laws, including but not limited to all dimensional requirements, set back requirements and parking requirements of the Code of the Town of Southold. Structures and improvements are limited to: (i) Golf club house, golf maintenance and storage structures; 8 (ii) Golf cart paths, access drives to provide access to the improvements permitted herein, parking areas, a foot trail for non -motorized vehicles for foot traffic only for the sole use of the future owners, customers, tenants, occupants, assigns and possessors of Protected Area; and (iii) Golf safety nets, golf targets, fences and temporary signs used in conjunction with customary golf course use such as tournaments or outings; and (iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from ,the improvements permitted hereunder; and (v) Outdoor lighting necessary and incidental to the recreation use. Such lighting shall be "dark skies" compliant as set forth in the Code of the Town of Southold. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee. 4.05 Development Area: Grantor shall have the right to develop and utilize the Development Area depicted in Schedule C as is permitted by the Town Code of the Town of Southold for the zoning designation of the Premises. At no time shall all or part of the Development Area be subdivided from its existing or future tax map parcels. The Development Area may not become a single and separate parcel. Any existing and customary parking of vehicles outside of and/or adjacent to the Development Area shall be permitted as long as the Protected Area is used for golf course activities. Any change in use allowable under this Easement shall extinguish such auxiliary use. Approval of the Grantee shall be required for any parking outside the Development Area in such in°stance. 4.06 Alternate Use: Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose. If for any reason the Premises is no longer used as a golf course open to the public for a fee, the Premises may be used, pursuant to the provisions of Section 1.01 and at the discretion of Grantee, in perpetuity, either (a) for public outdoor recreation, that requires the approval of the Town Board subsequent to a public hearing provided such public outdoor recreation use does not defeat or derogate from the purpose of this Easement, or (b) for agriculture purposes, as further described in Sections 4.07, 4.08 and 4.09. A. Grantor shall provide Grantee no less than ninety (90) days notice of Grantor's intent to convert the use of the Premises from recreational to agricultural or passive public outdoor recreation; B. ' Nothing herein shall prevent Grantor from ceasing agricultural use and reverting to public golf course use provided said use is of the entirety of the Protected Area. 4.07 Permitted Agricultural Uses: Grantor shall have the right to engage in all types of agricultural production as the term, is presently referenced in §247 of the General Municipal Law E and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)- 0) of the Agriculture and Markets Law, now, or as said §301(2)(a) -O) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the cur -rent law and/or Code. Grantor may offer "U -Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Hunting is permitted on the Protected Area provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Article Four and as permitted by the Town Code now or in the, future on agricultural lands protected by a development rights easement or other instrument. 4.08 Structures and Improvements for Agricultural Purposes A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Protected Area, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i). Underground facilities used to supply utilities solely for the use and enjoyment of the Premises or adjoining properties subject to development rights easement or other conservation instrument; (ii). New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii). Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.08, provided the primary purpose of the structure remains agricultural. (iv). Such signage advertising the agricultural activities as is permitted by the provisions of the Southold Town Code. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and 10 construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss or wear and tear to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.08 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.09 Agricultural Prohibited Uses: While the Protected Area is used for agricultural purposes, the following shall be prohibited: A. Residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. The Protected Area shall not be utilized or maintained as Lawn. B. Excavation and Removal of Materials; mining. The excavating, regarding, scraping, or filling of the Protected Area shall be prohibited without the written consent of the Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand or other materials from the Protected Area is prohibited, nor shall the topography of the Property be changed, except in connection with usual and customary agricultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land, Preservation Committee. C. Soil and Water. Any use or activity that cause or is likely to cause soil degradation or erosion or pollution of any surface or subsurface water shall be prohibited. This prohibition shall not be construed as extending to agricultural operations or practices (including without limitation, the use of agrochemical such as fertilizers, pesticides, herbicides, and fungicides) that in accordance with sound agricultural practices' of the Nation Resources Conservation Service ("NRCS"). D. Drainage.—The use of the Protected Area for a leaching or sewage disposal field shall be prohibited. The use of the Protected Area for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Protected Area. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Grantor's Warranty: Grantor warrants and represents to the Grantee that Grantor is the owner of the Premises described in Schedule "A", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. 11 5.02 Taxes and Assessments: The Grantor, for itself, its successors and assigns, agrees to pay any real estate taxes and other assessments levied by competent authorities on the Premises and to relieve the Grantee from any duty or responsibility to maintain the Premises. If the Grantor, its successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Premises occurs, the Grantee, upon twenty (20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Premises from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Premises and to assure the continued enforceability of this Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns' interest in said Premises. This right shall not affect the right of the Grantor, its successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes or to contest any taxes or assessments in good faith. 5.03 Annual ,Mowing and Maintenance Requirement: In the event Grantor seeks to leave the Protected Area open and fallow, then Grantor hereby agrees to mow and maintain the Protected Area as necessary in order that said property may be used for recreational activity. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor, by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Protected Area to perform such mowing, and maintenance. 5.04 Indemnification: Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Area or from any taxes, levies or assessments upon it or resulting from this Recreation Easement, all of which shall be considered Grantor's obligations. Grantor shall name Grantee as an additional insured entity for purposes of comprehensive and fire insurance. Grantee shall name the Protected Area on its general liability insurance policy. In the event that Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its policy, Grantee agrees to reimburse Grantor for said additional costs. 5.05 Notice: Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Article Four herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Access: The Grantor hereby grants all available Development Rights from the Protected Area -to the Grantee. The Grantor shall retain the right of possession and use of the Premises. The Grantor shall permit ,public access to the Protected Area upon the public's payment of applicable fees and charges and said public access and use shall be subject to Grantor's reasonable rules and regulations. 12 6.02 Entry and inspection: Grantee shall have the right to enter, by authorized representatives of the Grantor, the Protected Area twice annually for a two (2) day inspection per site visit upon at - least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of (i) inspecting the Protected Area to determine if the Grantor, its successors and assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of this Easement; (iii) taking any and all actions with -respect to the Protected Area as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof, (iv) monitoring the condition of the aquifer and its relation to potable drinking water; and (vi) any other lawful purpose for which is embodied in this Recreation Easement 6.03 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Area to the condition required by this Easement and to enforce this right by any action or ,proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Area resulting from such causes. 6.04 Enforcement Rights of Grantee: Grantee, in a reasonable manner and at reasonable times, may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the restoration of the Protected Area to the condition at the time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Area due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties. In the event thafthe Grantee becomes aware of an event or circumstances of non-compliance with the terms and conditions herein set forth, the Grantee shall give notice to the Grantor, its successors and assigns, as set forth herein, of such event or, circumstance of non-compliance and request corrective action sufficient to abate such event or circumstance of non-compliance and restore the Protected Area to its previous condition. Failure by the Grantor to cause discontinuance, abatement or such other corrective actions as may be requested by the Grantee within ninety (90� days after receipt of such notice shall entitle Grantee, at its election, to: (i) to institute a suit to enjoin or cure such breach, default or violation by�temporary and/or permanent injunction, (ii) to enter upon the Protected Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Protected Area affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate' under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement. 13 6.05 No Waiver: Grantee's exercise of any remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assessed Valuation: Grantee agrees that the assessed valuation placed upon the Premises, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Premises by reason of this Grant of Easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Premises by this Recreation Easement, as required under §247(3) of General Municipal Law, and generally in accordance with valuation principles legally applicable to such assessments of real property. 6.07 Limitations on Extinguishment. If a subsequent unexpected change in the conditions surrounding the Premises can make impossible or impractical the continued use of the Premises for conservation purposes, this Easement can only be terminated or extinguished, whether with respect to all or part of the Premises, by judicial proceedings in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Premises (or any other property received in connection with an exchange or involuntary conversion of the Premises) after such termination or extinguishment, and prior to the payment of any costs or expenses associated with such sale, Grantee shall be entitled to an amount no less than Grantee's proportionate share of the gross proceeds of such sale, as such proportionate share is determined under the provisions of Section 6.08, adjusted, if necessary, to reflect a partial termination or extinguishment of this Conservation Easement. If for any other reason Grantee is not paid Grantee's proportionate share, Grantee has the right to recover such deficiency (including the right to record a lien to secure its recovery of such deficiency) from the record owner of the Premises at the time of such sale. All such proceeds shall be deposited in a Trust and Agency Account of the Grantee, pursuant to §36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. In the event of extinguishment of this Easement in whole or in part, the provisions of Sections 6.07, 6.08, and 6.09 shall survive such extinguishment. 6.08 Percentage Interests. Grantor and Grantee hereby confirm that the donation of this Easement gives rise to a property right immediately vested in Grantee, with a value for purposes of Sections 6.07, 6.08, and 6.09 determined as follows. The parties hereto stipulate that as of the effective date of this grant the Easement and the restricted fee interest in the Premises each represent a percentage interest in the fair market value of the Premises (Grantee's percentage interest is referred to herein as Grantee's "proportionate share"). Said percentage interests shall be determined by the ratio of the value of the Easement on the effective date of this grant to the value of the Premises, without deduction for the value of the Easement, on the effective date of this grant. The values on the effective date of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the IRC. The parties shall include the ratio of those values with the Baseline Documentation (on file at Grantee's offices) and, pursuant to the Treasury Regulations requiring the determination of the value of the Easement on the effective date of this grant, the parties hereto shall amend such values, if necessary, to reflect any final determination thereof by 14 the Internal Revenue Service or court of competent jurisdiction in any appeal of the final determination by the Internal Revenue Service. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Premises unencumbered by the Easement shall remain constant, and Grantee's proportionate share of the fair market value of the Premises thereby determinable shall remain constant. 6.09 Condemnation. If all or any part of the Premises is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full fair market value (without regard to any diminution in value attributable to the Easement) of the interests in the Premises subject to the taking and all incidental or direct damages resulting from the taking. Prior to the payment of any expenses reasonably incurred by the parties to this Easement in connection with such taking, Grantee shall be entitled to Grantee's proportionate share from the recovered proceeds in conformity with the provisions of Sections 6.07 and 6.08 (with respect to the allocation of proceeds). The respective rights of Grantor and Grantee set forth in Section 6.07, 6.08, and 6.09 shall be in addition to, and not in limitation of, any rights they may have at common law. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of the Grantee, pursuant to §36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. 6.10 Alienation: No property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold, with an affirmative two-thirds vote, as provided by Section 17 of the Code of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests, which were acquired by the Town prior to any such amendment. 6.11 Affordable Rates and Fees for Town of Southold Residents: The parties wish to provide affordable public recreation opportunities to residents of the Town of Southold who are not current members of the Island's End Golf Course. Grantor shall provide at least annually to Grantee and at least sixty (60) days prior to the effective date, a proposed schedule of rates or fees for each of the recreational activities provided to the public. Said schedule must be approved by the Town Board prior to enactment. If said schedule of rates or fees include an increase which does not exceed 10% of the previous schedule amounts, the Town shall approve the, schedule. Notwithstanding this required approval, if sixty (60) days have expired, said schedule of rates or fees shall be deemed approved. The Town Board will consider proposed increases greater than 10% and will not withhold approval if Grantor provides reasonable evidence of the need for such greater increase to cover an extraordinary out-of-pocket expense or an extraordinary increase in its cost of doing business. 15 ARTICLE SEVEN LOT LINE MODIFICATION / RESUBDIVISION / SALE OF PREMISES 7.01 Sale of Premises: The parties acknowledge that the Premises along with adjacent land currently owned by William King and Mary Pacinda Turner, Executrix of the Estate of Robert Turner, identified as SCTM parcels 1000-35-2-1 and 1000-35-2-11 comprise the public golf course. If the cessation of the golf course use necessitates a subdivision of the four plots comprising the golf course, no such subdivision shall result in more than two plots or parcels as recognized by Suffolk County and the Southold Planning Board. Said two parcels shall contain the Development Areas and in no circumstance may all or part of a Development Area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. 7.02 Lot Line Modification/Resubdivision. Notwithstanding the terms and conditions set forth in this Easement to the contrary, Grantor, its successors or assigns, together with the owners, its successors or assigns of the adjacent land currently owned by William King and Robert Turner, identified as SCTM parcels 1000-35-2-1 and 1000-35-2-11 are authorized to make such applications as are necessary to effect a lot line modification of the four parcels which are the subject of the Easements on their respective properties. Such lot line modification shall result in no more than two plots or parcels as recognized by Suffolk County and the Southold Planning Board. Said two parcels shall contain the development areas and in no circumstance may all or part of a development area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. ARTICLE EIGHT RIGHT OF FIRST REFUSAL 8.01 Restrictions on Transfers: Except as otherwise provided in this Easement, Grantor shall not sell, assign, transfer, pledge, hypothecate, or otherwise encumber or dispose of in any way, all or any interest in the Premises without first affording Grantee the opportunity the purchase said interest in the Premises at fair market value, subject to Section 8.04, through proper_notice. Any sale, assignment, transfer, pledge, hypothecate or other encumbrance or disposition of any interest of the Premises not made in conformance with this Article shall be null and void. Notwithstanding the foregoing, the Grantor hereby retains the right to enter into a lease of the Premises for uses consistent with the uses of the Premises authorized by this Easement. Any mortgage loan obtained by Grantor and secured by a mortgage upon the Premises shall not be subject to the restrictions contained herein. 8.02 Duration: Grantee shall have an option for a period of forty-five (45) days from receipt of notice from Grantor of a sale, assignment, transfer, pledge or other disposition, to elect to purchase said interest of the Premises This shall allow for sufficient time for Grantee to review the option and to acquire an appraisal of said interest in the Premises prior to making a decision on the option. If Grantee elects to exercise this option, Grantee must respond in writing within 16 forty-five (45) days of Grantee's receipt of Grantor's notice. Said writing shall clearly and unequivocally state ,an acceptance of the option and be signed by either the Town Supervisor or the Land Preservation Coordinator. 8.03 Valuation: The value of said interest of the Premises shall be determined by an independent accredited appraiser mutually agreed upon by both Grantor and Grantee. Said appraiser shall be hired at the expense of Grantee. 8.04 Notice: Grantor's notice must state clearly and unequivocally an intent to sell, assign, transfer, pledge or dispose of any interest of the Premises, along with a request for a timely determination as to whether or not Grantee will exercise the option. Notice shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such- other address as Grantor may designate by notice in accordance with Section 8.05 of this Easement. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with Section 8.05 of this Easement. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.05 Limitations to Rights of Refusal: Notwithstanding the provisions of this Conservation Easement, the Grantor may sell or otherwise assign, with or without consideration, (i) all of its interest in the Premises to an entity whose primary purpose is consistent with the uses permitted hereunder provided that the reason for such sale or assignment is _to take advantage of beneficial tax treatment resulting from a new form of ownership such as changing its composition from a "for profit" corporation to a "not for profit" corporation, and/or (ii) all or part of its interest in the Premises to the owners of the adjacent parcels currently identified as SCTM#1000-35-2-1 and #1000-35-2-11, provided that each such transferee or assignee, prior to the completion of the sale, transfer, or assignment shall have executed documents assuming the obligations of the Grantor under this Conservation Easement with respect to the Right of First Refusal. For purpose of this Section 8.05, "Grantor" shall mean and include the members of Grantor or the beneficiaries of ,any trust that is a member of the Grantor. This section shall not apply to any changes in memberships or shareholder interests in this Grantor. ARTICLE NINE MISCELLANEOUS 9.01 Entire Understanding: This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9.02 Subsequent Deeds: Grantor agrees that the terms, conditions, restrictions and purposes of this Easement -shall be inserted by reference in any subsequent deed or other legal instrument by 17 which Grantor divests itself of either the fee simple title or its possessory interest in the Premises. 9.03. Limitations on Amendment A. Grantor and Grantee recognize that natural conditions, landscapes, and technologies change over time (including best practices of open space stewardship techniques), and, in an abundance of caution, have determined, in good faith, to articulate herein the limited parameters of any permissible amendment hereto. The intent of Grantor and Grantee is that (except in a case involving solely the correction of a drafting mistake, or mapping error, or in a situation involving solely adding additional property to the existing encumbered property) any such amendment would be executed only in rare instances and unusual circumstances not envisioned by either party at the time of this grant, consistent with and true to the perpetual protection of the conservation values of the Protected Area and the Conservation Values, and consistent with the goals and provisions of New York Environmental Conservation Law, Section 49-0301, gt seq. (hereinafter, the "NYECL"), and the goals and provisions of Section 170(h) of the Code. Further, it may be necessary,at some point to amend this Easement in response to changes over time specifically to ensure the perpetual protection of the Conservation Values. This Section 9.03 is accordingly carefully limited so as to ensure that the Conservation Values are protected in perpetuity. ' Nothing in this Section 9.03 shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. B. This Easement shall be amended only upon the written agreement of Grantee and Grantor, at. Grantee's sole and absolute discretion, and following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote, but only if such amendment: (a) does not constitute private inurement or give rise to an impermissible private benefit under Section 501(c)(3) and other applicable provisions of the Code or the NYECL, based on, an appraisal of the economic impact of the proposed amendment by an appraiser selected by Grantee; (b) has a neutral or positive effect on the Conservation Values, based on an evaluation of the effect of the proposed amendment on the conservation values by an independent qualified person selected by Grantee; (c) is consistent with the purpose of this Easement and the perpetual protection of the Conservation Values; (d) does not affect the perpetual nature of this Easement; and (e) complies with the NYECL and Section 170(h) of the Code. Further, no amendment shall be permitted that (i) does not comply with the provisions of this Section 9.03, (ii) would involve the removal of any of the Protected Area from the Easement, or (iii) would alter or remove the restrictions on assignment of this Easement under the provisions of Section 8.01, or the provisions on extinguishment, percentage interests, or condemnation under Section 6.09. In the case of any amendment, all of these requirements and restrictions in this Section 9.03 must be satisfied. C. In the event Grantor and Grantee agree to an amendment pursuant to the provisions of this Section 9.03, an addendum to the Baseline Documentation Report shall be prepared and shall be acknowledged by Grantor and Grantee as memorializing the condition of the Protected Area as of the date the amendment is delivered for -recording to the Office of the Clerk of the County of Suffolk, State of New York. Notwithstanding the foregoing, an addendum to the Baseline Documentation Report shall not be required for any amendment that involves solely the correction of a drafting mistake or mapping error. 18 D. If Grantor is the party requesting an amendment of this Easement, Grantor shall be responsible for all reasonable and customary costs related to Grantee's evaluation of said request and the amendment's execution and, if applicable, any agency or judicial proceeding referred to in Section 6.07, including reasonable attorney's fees and staff, contractor, legal, and consultant costs incurred by Grantee, and any costs associated with the preparation of the updated Baseline Documentation Report prepared pursuant to the provisions of Section 9.03(C). E. A proposed amendment that is agreed to by Grantor and Grantee but nevertheless exceeds the scope of the limited discretion granted under this Section 9.03- is not permitted except by a final non -appealable judgment of a court having jurisdiction in a proceeding to which the Attorney General of the State of New York was given written notice and an opportunity to participate to represent the public interest in ensuring the continued perpetual protection of the Conservation Values. 9.04 Severability Any provision of this 'Easement which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement, which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 9.05 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery, by overnight courier service or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested in the case of mailed notice or marked for delivery' on the next business day, with charges prepaid or provided for 'by the sender in the case of overnight courier notice. Mailed notice or overnight courier to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 9.05. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator, or to such other address as Grantee may designate by notice in accordance with this Section 9.05. Notice shall be deemed given and received as of the date of its manual delivery or the third day after the date of its mailing or the date of actual delivery by overnight courier service. 9.06 Governing Law: New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation,, breach, violation and performance. 9.07 Interpretation: Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render the provision invalid, then that provision shall be given such interpretation as would render it consistent with the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breach of the restrictions on use of the Premises shall not 19 apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to'use the Premises, except as otherwise recited herein, be construed at all times and by all parties,to effectuate its purposes. 9.08 Warranties: The warranties and representations made by the parties in this Easement shall survive its execution. 9.09 Effective Date and Recording: Grantor and Grantee intend that the restrictions arising hereunder are effective on the day and year this DEED OF CONSERVATION EASEMENT is delivered for recording to the land records of the Office of the Clerk of Suffolk County, New York, after all required signatures have been affixed hereto. This Easement shall be timely recorded. Grantee may re-record this instrument or record any other instrument at any time as may be required to preserve its rights in this Easement. 9.10 Headings: The hearings, title and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. 9.11 Consent: Any time the prior written approval or consent of the Grantee is required hereunder, such approval or consent shall not be unreasonably withheld, conditioned, or delayed. ti 9.12 Successors and Assigns: The covenants, terms, conditions, restrictions, benefits, and burdens of this Easement shall be binding upon _the parties hereto and their respective successors, personal representatives, heirs, and assigns and shall continue as a restriction running in perpetuity with the Premises. An owner of the Premises shall only be responsible for those violations first occurring on the Premises during such owner's ownership, and while still an owner of the Premises (although notwithstanding the foregoing, a subsequent owner may also be held responsible for those violations first occurring during another's prior ownership of the Premises unless an estoppel or compliance certificate was obtained by such subsequent owner prior to or at the time of the transfer of the ownership of the Premises to such subsequent owner). In the event of a breach of the terms hereof by the owner or owners of any divided portion of the Premises, no owner or owners of any other portion of the Premises shall be liable for such breach. Any of the rights herein reserved to Grantor may be exercised by any owner or owners from time to time of any lot within the Premises. 9.13 Compliance Certificates: Upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to Grantor any document that may be requested by Grantor, including an estoppel certificate or compliance certificate, to certify to the best of Grantee's knowledge Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise to evidence the status of this Easement. 9.14 Representation of Authority: Each signatory to this Easement represents and warrants that he or she is duly authorized to enter into and execute the terms and conditions of this Easement and to legally�bind the party he or she represents. 20 9.15 No Goods or Services: Pursuant to the requirements of Section 170(0(8) of the Code, Grantor and Grantee acknowledge that no goods or services or other consideration have been provided by Grantee to Grantor as consideration for this Easement, and Grantee will provide Grantor with a separate letter so stating. 9.16 Counterparts: The Parties may execute this instrument in two (2) or more counterparts, which shall in the aggregate,, be signed by both Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. [the remainder of this page intentionally left blank] 21 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Easement on the day and year set forth above. This Easement has been duly executed by the parties hereto. GRANTOR: ISLAND'S END GOLF AND COUNTY CLUB, INC. By: A—j— Name: 4n41- R--1 d a &-1 AcV 61'1 v j Title: �l��5 p�►�T Attorney for Grantee: Toni J. Hoverkamp, Esq. 224 Griffing Avenue Riverhead, NY 11901 Tel: 631-740-9700 Fax: 631-504-0697 GRANTEE: TOWN OF SOUTHOLD By: J7ZJCJ,4eL��� SCOTT RUSSELL, SUPERVISOR Attorney for Grantor: Mary C. Wilson, Esq. Address: 933 Mill Creek Drive Palm Beach Gardens, FL 33410 Tel.: 631-902-6550 Fax: 631-728-1920 22 am State of New York ) County of Suffolk ) ss: On the Z,�, '71 of December 2019 before me, the undersigned, personally appeared 0A -rk,,"-e ChA'4h'-,,` , personally known to me or approved 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 the person upon behalf of which the individual acted, executed the instrument. 1�c-2,4e ROBERT DEFRESE NOTARY PUBLIC, STATE OF NEW YORK Registration No 01DE5035117 Qualified in Suffolk County My Commission Expires October 24, 2022 State of New York ) County of Suffolk ) ss: On the �� of December 2019 before me, the undersigned, personally appeared 5 co -r r -� S se / 1 , personally known to me or approved 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. ROBERT DEFRESE a� ®�C Ke7� NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01 DE5035117- Qualified in Suffolk County My Commission Expires October 24, 2022 23 SC+f-a (XV -F-- ft AS TO LOT 017.001 CLUB SCTM #1000-35.-2-17.1 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, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) at the Southeasterly corner of land now or formerly of 4545 Main Road Enterprises Inc. and the Southwesterly corner of land about to be described; RUNNING THENCE North 32 degrees 07 minutes 30 seconds West, along the land now or formerly of 4545 Main Road Enterprises Inc. 246.86 feet; - THENCE South 66 degrees 07 minutes 40 seconds West, still along the land now or formerly of 4545 Main Road Enterprises Inc. and the land now or formerly of David Gillespie, 181.18 feet to the land now or formerly of Graig B. Stein; THENCE North 31 degrees 58 minutes 30 seconds West, along the land now or formerly of Stein, 56.79 feet; THENCE South 66 degrees 01 minutes 20 seconds West, still alongthe land now or formerly of Stein and land now or formerly of Belmor Properties LLC, 440.31 feet to land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust; , THENCE along the land now or formerly of said last mentioned trust the following eight (8) courses and distances: 1. North 32 degrees 42 minutes 50 seconds West, 440.98 feet; ' 2. North 63 degrees 53 minutes 50 seconds East, 417.20 feet; 3. North 35 degrees 39 minutes 20 seconds West, 385.86 feet; 4. North 63 degrees 53 minutes 50 seconds East, 259.70 feet; 5. North 35 degrees 39 minutes 20 seconds West, 1,015.92 feet; 6. North 53 degrees 03 minutes 40 seconds East, 257.53 feet; 7. South 35 degrees 33 minutes 00 seconds East, 1,513.42 feet; _ 8. South 36 degrees 01 minutes 35 seconds East, 728.56 feet to the Northerly side of Main Road; 9. South 66 degrees 26 minutes 50 seconds West, along the Northerly side of Main Road, 368.01 feet to the point or place of BEGINNING. AS TO LOT 012.000 CLUB SCTM #1000-35.-2-12 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, 'ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, 193.16 feet Northerly along said boundary line from the Northerly line of the Main Road, said point of beginning being the Northwesterly corner of land of Hellenic Land LLC and the Southwesterly corner of the premises hereinafter described, from said point of beginning; RUNNING THENCE along said land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust the following two courses and distances: 1. North 36 degrees 08 minutes 40 seconds West, 912.22 feet to a point; 2. North 51 degrees 37 minutes 20 seconds East, 493.45 feet to land of the Suffolk County Water Authority; THENCE along said land of the Suffolk County Water Authority, two courses: 1. South 33 degrees 56 minutes 40 seconds East 318.07 feet; 2. South 31 degrees 49 minutes 30 seconds East, 660.74 feet; THENCE along said land of the Suffolk County Water Authority and along said land of Hellenic Land LLC, South 60 degrees 21 minutes 00 seconds West, 408.67 feet to the point of BEGINNING. Certified to mm at Sm bl.6 Ed ON ad Why DA kc F&d Wk w ex eeaaam C,." it • r . NX � m g � a M 1 0�1N n 0u Parcel Key Map Scale 1 = 400' KIN19 RW ~ KING TW SaM#f000.35-02-01 SCTM#!0 •35-0?-ff 511 a 5 flnkde] w�a Z- WA XTM#1000 5-01-n TOTAL AM WON "A. 9.57A6RF5' cm SLIM#1000-35-0247.1 T"AI AM 40115" SAFT. p 2319AG 5\ pt \ i M p Survey of Properly Eeal M;d. Town of Southold Suffolk County. New York Tay Nap /1000-35-02-12 k 171 '. Yay 16 . 3019 S-1. 1'= too' a6pPgC 9CACE .off • I trs. m n J �� L-ejr: f�,•�r�i �tr�oSs�s �-� Gcicsci'•`P-�-: v,•. C�bte� SCG•Ec�-GLy�C- /�t _Dc-ty"b--uLc.LJ-- L-> Club Protected Area: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, :ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, 444.59 feet Northerly along said boundary line from the Northerly line of the Main Road; RUNNING THENCE along said land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, two courses: 1. North 36 degrees 08 minutes 40 seconds West, 660.79 feet to a point; 2. THENCE North 51 degrees 37 minutes 20 seconds East, 493.45 feet to land of the Suffolk County Water Authority; THENCE along said land of the Suffolk County Water Authority, two courses: 1. South 33 degrees 56 minutes 40 seconds East 318.07 feet; 2. THENCE South 31 degrees 49 minutes 30 seconds East, 410.74 feet; THENCE South 60 degrees 21 minutes 00 seconds West, 427.62 feet to the point of BEGINNING. xt-f E-� Ute Lt-- � Club Development Area: ALL,that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, ;ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, 193.16 feet Northerly along said boundary line from the Northerly line of the Main Road, said point of beginning being the Northwesterly corner of land of Hellenic Land LLC and the Southwesterly corner of the premises hereinafter described, from said point of beginning; RUNNING THENCE along said land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust. North 36 degrees 08 minutes 40 seconds West, 251.43 feet to a point; THENCE North 60 degrees 21 minutes 00 seconds East 427.62 feet; THENCE South 31 degrees 49 minutes 30 seconds East, 250.00 feet; THENCE along land of the Suffolk County Water Authority and along said land of Hellenic Land LLC, South 60 degrees 21 minutes 00 seconds West, 408.67 feet to the point of BEGINNING. ID GffL� Mt IU -16 v Parking Easement Area: Liber D00012862, Page 761, recorded 5/2/2016 ALL that certain plot, piece or parcel of land, situate lying and being in the Town of Southold, County of )uffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) at the Southeasterly corner of land now or formerly of 4545 Main Road Enterprises Inc. and the Southwesterly corner of land about to be described; RUNNING THENCE North 32 degrees 07 minutes 30 seconds West, along the land now or formerly of 4545 Main Road Enterprises Inc. 209.68 feet; � THENCE North 66 degrees 07 minutes 40 seconds East 89.95 feet; THENCE, South 32 degrees 07 minutes 30 seconds East 210.19 feet to the Northerly side of Main Road; THENCE, along the Northerly side of Main Road, South 66 degrees 26 minutes 50 seconds West 90.03 feet to the point and place of BEGINNING. crrore° to t- ° SwncY "=krgwho Nyb1 mamOv a O d F Im i o awoe9 xwb wn mle A r N. 19,6 ra°y xu±�.9 ru, mmr<. wmoy it P m 11 nN8 TRUST SCTM#100035-02-01 TOTAL AREA 7,710,699 $0 FT. 61.46 ACRES �'Dnd X96 vm t • L p6 nNSTRUST SCTM#100035.02-ff TOW ARM W,430 SO.FT. 31.39 AW �n awe D., @a 2951 � 6d ecus S=#100035-0242 I .�9 Cd/B NI SaM#100035-02-f7.1 Ole Parcel Key Map um. 1'= sou' �1° N\ Z4'o(" eoQc j , t Survey of Properly Eeel Marion Town f Southold r'or•� �. DLN , Suffolk County, New York T" Yap 11000-35-02-1 k 11 - a/ 10 . ]019 5 ale 1'= IOD RMIOC 9CLLE Z4'o(" eoQc j , t r SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/19/2019 Number of Pages: 33 At: 03:25:56 PM Receipt Number : 19-0237965 Handling $20.00 TRANSFER TAX NUMBER: 19-15088 LIBER: D00013040 NO NYS SRCHG PAGE: 987 District: Section: Block: Lot: Notation 1000 035.00 02.00 001.000 $0.00 EXAMINED AND CHARGED AS FOLLOWS $400.00 ed Amount: $3,881,250.00 $0.00 NO Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $165.00 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 $400.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $610.00 TRANSFER TAX NUMBER: 19-15088 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. U _f-49 Deed /Mortgage Instrument I Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Page/ Filing Fee Mortgage Amt 1. Basic Tax H ling 20. 00 P-584 2. Additional Tax Sub Total No ati" Spec./Asset or EA -52 17 (County) Sub Total Spec. /Add. EA -5217 (S te) R P T.S.A•Vqron Ov �o�pg t Comm ofEd. 5. 00 ': � o Affidavit �1 ���, � Certified Copy TOT. MTG TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total Other J Grand Total l / family dwelling only. YES or NO If NO, see appropriate tax laus on page # of thitr Ten� 4 1 Dist. 16 19040440 - n6o-6tC_fNj°t3 / / 5 Community Preservation Fuld Consideration Amount $ Real Property P T c� .p Tax Service R Cpq A �I Agency 17-DEC4 Verification CPF Tax Due $ Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: . /n61. \ � TD 3 // 7 V TD Ny /M7/ TD .47-7-,': / /C /%i2f/1Ni r a S k Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffo[kcountyny.gov/clerk Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Lo�Serva r-ioN EASerne-iti`►— made by: (SPECIFYTYPE OF INSTRUMENT) The premises herein is situated in STAT -e— of SUFFOLK COUNTY, NEWYORK. TO In the TOWN of .,DuTkol� —%In the VILLAGE /� or HAMLET of ('4 r-e-e.N.Ao r--r-- BOXES "TBOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. pT S Doc ID: 19040440 R LPA)A 17 -DEC -19 Tax Maps District Secton Block Lot School District 1000 03500 0200 001000 1000 03500 0200 011000 GREENPORT Sub Division Name ,.........,.4.... 47 ')A-4( DEED OF CONSERVATION EASEMENT Between WILLIAM KING and ROBERT TURNER And THE TOWN OF SOUTHOLD THIS DEED OF CONSERVATION EASEMENT made by and between WILLIAM KING and MARY PACINDA TURNER, as Executrix of the Last Will and Testament of ROBERT TURNER, late of Suffolk County, deceased located at 3365 and 5025 Rte. 25 Greenport, New York, hereinafter referred to as "Grantor", and TOWN OF SOUTHOLD, a municipal corporation with offices at 54375 Main Road, Southold, NY 11971, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located at 3365 and 5025 Route 25, Town of Southold, County of Suffolk 1000, Section 35, Block 2, Lot I and Lot I 1 hereinafter referred to collectively as "Premises" consisting of approximately 93.85 acres and more particularly bounded and described in Schedule "A", attached hereto and incorporated herein by reference; and WHEREAS, the Premises shall be governed by the terms of this Conservation Easement; and WHEREAS, Grantor has identified and designated two areas on the Premises which is the subject of this Easement, more fully described and defined herein as the "Protected Area" and the "Development Area" respectively; and WHEREAS, Grantor wishes to grant and transfer to Grantee, in perpetuity, pursuant to the provisions of Section 170(h) of the Internal Revenue Code of 1986, as amended, and the regulations thereunder (the "Code") and Article 49, Title 3, of the Environmental Conservation Law of the State of New York (the "Conservation Law"), certain development rights on a portion of the Premises, approximately 86.50 acres herein referred to collectively as the "Protected Area" more particularly bounded and described in "Schedule B" attached hereto and incorporated herein by reference (the "Protected Area"), due to its open, scenic, and recreational value and significance; and WHEREAS, Grantor wishes to retain certain development rights on what is referred to as "Development Areas" on the Premises consisting of approximately 7.35 acres and more particularly bounded and described in "Schedule C"; and WHEREAS, the Premises has significant open, natural, scenic, and recreational values (the "Conservation Values") of great importance to Grantor, to Grantee, to the people of the Town of Southold, to the people of the County of Suffolk, and to the State of New York; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to promote conservation of land for recreational opportunities; and WHEREAS, Grantee has the commitment and resources to enforce, and will enforce, the provisions of this Easement; and WHEREAS, accordingly, Grantee is a "qualified organization" under Section 170(h)(3) of the Code; and WHEREAS, New York State has recognized the importance of efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of the Environmental Conservation Law, Section 49-0301 et seq; and WHEREAS, protection of the Premises will accomplish a number of the factors determining "significant public benefit" under Treas. Reg. Section 1. 1 70A- 14(d)(4)(iv); and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the public recreational value and character of the Premises and have the common purpose of conserving the Conservation Values of the Premises by the conveyance to the Grantee of this Easement on, over and across the Premises which conservation and protection will not only conserve the use of the Premises for recreational purposes, but will also provide affordable recreational opportunities for the residents of the Town of Southold and others in the area and prohibit the development of the Premises for any other purpose but recreational use, except as provided in this Easement, in perpetuity; and WHEREAS, Grantor and Grantee acknowledge that the Premises, together with the adjacent two parcels currently identified as SCTM41000-35-2-12 and #1000-35-2-17.1, as further illustrated on Exhibit A, attached hereto and incorporated herein by this reference, comprise the operating golf course and that the owners of such adjacent parcels are entering into a similar easement with the Grantee concurrent with this Easement, recorded simultaneously herewith in the land records of the Clerk of the County of Suffolk, State of New York, in order to preserve the existing golf course use pursuant to clearly delineated government conservation policy, for the scenic enjoyment of the general public, for public outdoor recreation; and WHEREAS, protection of the Premises through this Easement will provide substantial and regular public outdoor recreational opportunities for the general public, and accordingly this Easement meets the requirements of Section 170(h)(4)(A)(i) of the Code; and 2 WHEREAS, this Deed of Conservation Easement permits Grantor, with the approval of Grantee and at the discretion of Grantee, to cease the recreation use and commence an agricultural use of the Protected Area and the Development Area; and WHEREAS, should Grantor elect to convert the use of the Protected Area from recreational to agricultural use, the provisions of Sections 4.6, 4.7, 4.8 and 4.9 are rights granted herein to Grantor for use of the Protected Area for agricultural purposes, and in all other respects the rights, restrictions, and limitations in this Deed of Conservation Easement shall be in effect in their entirety; and WHEREAS, the Premises is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Premises contains soils classified as Prime Farmland and Farmland of Statewide Importance worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected Area in its scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS the funds to preserve these premises were obtained through the Peconic Bay Region Preservation Act which was signed into law by Governor George Pataki on June 22, 1998 and subsequently updated and approved by public referendum by the residents of Southold Town in 2003, and most recently in July 2016; and WHEREAS the premises are specifically identified in the Community Preservation Plan as eligible parcels; and WHEREAS the existing legislation and purpose of the Community Preservation Fund specifically states that the preservation of the community character will contain one or more of the following: Establishment of parks, nature preserves, recreational areas, and the preservation of open space, among other conservation values; and WHEREAS, protection of the Premises will accomplish a number of the factors determining "significant public benefit" under Treas. Reg. Section 1. 170A- 1 4(d)(4)(iv); and WHEREAS, accordingly, protection of the Premises is for the scenic enjoyment of the general public and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(A)(iii)(I) of the Code; and WHEREAS, accordingly, protection of the Premises is pursuant to clearly delineated federal, state, and local governmental conservation policies and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(a)(iii)(II) of the Code; and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational or other open space purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Premises is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Premises as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, the Conservation Values are further documented in the Baseline Documentation Report (the "Baseline Documentation"), a copy of which is on file at the offices of Grantor and Grantee, and Grantor and Grantee have therein acknowledged and hereby acknowledge said Baseline Documentation memorializes the condition of the Premises as of the effective date of this grant; and WHEREAS, Grantor intends, as owner of the Premises, hereby to convey to Grantee the right to preserve and protect the Conservation Values in perpetuity and represents that the Premises is free and clear of all encumbrances except for rights-of-way, easements, and reservations of record as of the effective date of this grant; and WHEREAS, Grantor warrants and represents that Grantor has the authority to enter into this Easement and that Grantor freely and voluntarily conveys this Easement to Grantee; and WHEREAS, Grantor has agreed to accept consideration for this Easement which consideration is significantly below the fair market value of the Easement, as determined by a qualified appraisal, and both Grantor and Grantee acknowledge that the granting of this Easement constitutes a "bargain sale" Grantee pursuant to the provisions of Section 1011(b) of the Code; and WHEREAS, Grantor and Grantee recognize the open space and scenic vista value of the Premises and have the common purpose of maintaining said open space and scenic vista to the maximum extent possible, limiting the area of structures and improvements supporting and accessory to, the principal recreation use of a golf course in and on the Premises and reserving , potential development areas as shown as the "development area" in the survey map identified as Schedule "C", annexed hereto and made a part hereof; 4 WHEREAS, Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose; NOW, THEREFORE, that WILLIAM KING, and MARY PACINDA TURNER, by virtue of the power and authority given in and by said last will and testament, and in consideration of $3,881,256.75 dollars paid, by the Grantee, in consideration of the Grantor's receipt of Grantee's public funding provided by the Southold Community Preservation Fund, and other good and valuable consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Conservation Easement, in gross, together with the Right of First Refusal on the Premises, which shall be binding upon and shall restrict the Premises, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Easement, the rights and interests in connection therewith and as hereinafter set forth, with respect to the Premises, unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of said Premises, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes in perpetuity upon and with respect to said Premises. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: ARTICLE ONE THE EASEMENT 1.01 Purpose: It is the purpose of this Easement to ensure that the Protected Area will be retained predominantly in its open and scenic condition in perpetuity for conservation purposes and to prevent any use of the Protected Area that will significantly impair or interfere with the Conservation Values. If for any reason the Protected Area is no longer used as a golf course open to the public for a fee, the Protected Area may be used, at the discretion of Grantee, in perpetuity, either (a) for public outdoor recreation, pursuant to the provisions set forth in Section 4.06 or (b) for agriculture purposes, as further described in Sections 4.06, 4.07, 4.08 and 4.09. 1.02 Type: This Deed of Development Rights conveys a Conservation Easement in perpetuity, pursuant to Section 170(h) of the Code and the Conservation Law. Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use restrictions recited in this Indenture. Reference to this Easement or its "provisions" in this Deed shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. 1.03 Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and same shall benefit the Z Grantee its successors and assigns, and that the burdens of said Recreation Easement are perpetual and shall run with the land. 1.04 Effect: The covenants, limitations, conditions, covenants, agreements, provisions and use restrictions of this Easement shall run with the, Premises and shall protect the Conservation Values of the Premises, in perpetuity as an incorporeal interest in the Premises, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS 2.01 Development Rights - shall mean the permanent legal interest and right to prohibit or restrict the use of the Premises for uses other than those open space, recreational uses, or agricultural uses set forth herein. 2.02 Structure — anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways, parking areas or walkways. 2.03 Lawn — shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not considered lawn. 2.04 Riding Academy — shall mean a business use of a parcel for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction, or the holding of horse show or other equine events. ARTICLE THREE PROHIBITED ACTS Unless otherwise permitted under Article Four hereof, from and after the effective date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Premises: 3.01 Dumping: There shall be no dumping of ashes, trash, garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground storage tanks in, on or under the Premises; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted C on the Premises which could cause erosion or siltation on the Protected Area without prior written approval from Grantee. 3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all - terrain vehicles or other motorized recreational vehicles, except as usual and customary for the use and enjoyment, maintenance, and operation of the Protected Area as permitted in this Easement. 3.03 Buildings and Structures: The construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or under the Protected Area shall be prohibited, except as provided under Section 4.04 and 4.08 herein, for permitted recreation uses. Other structures and improvements, not now present on the Protected Area and so identified in the Baseline Documentation, including, but not limited to driveways, trails, fences and drainage structures as permitted in Section 4.04 and 4.08 hereof, shall not be erected on, over, or under the Protected Area without the prior written consent of the Grantee as may be required by the Code of the Town of Southold, which may be granted if the structure or improvement is supportive of and subordinate to the protection of the Conservation Values, and does not defeat or derogate from the purpose of this Easement or other applicable law. 3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Area shall be prohibited. There shall be no vegetative or tree clearing, except as is necessary for recreation uses permitted by this Easement. Nothing herein shall preclude Grantor from performing those activities that are usual and customary to golf course/driving range construction and/or maintenance, or other presently existing or permitted uses on the Protected Area or for purposes of erosion control and soil conservation, or any excavation or filling necessary for the erection of permitted structures pursuant to Sections 4.04 and 4.08 herein. 3.05 Subdivision/Partial Lease: No subdivision or partitioning of the Premises shall be permitted. The lease of any portion of the Protected Area for any purpose other than for uses consistent with current recreational use shall not be permitted. Notwithstanding the foregoing, Section 7.01 shall apply in- the case of the sale of the Premises and Section 7.02 in the event of a Lot Line Modification / Resubdivision. 3.06 Signs: The display of signs, billboards, or advertisements on the Protected Area shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Area and only 'for the following purposes: a) to state the name of the Protected Area and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Protected Area for, c) temporarily to advertise the Protected Area or any portion thereof for sale or rent (subject to and in accordance with applicable provisions of the Code of the Town of Southold), d) to post the Protected Area to control unauthorized entry or use, and e) to announce the Grantee's easement. Grantee, acknowledges that currently existing and approved signage, billboards and advertisements on the Protected Area, as identified in the Baseline Documentation, do not adversely impact the Conservation Values. 3.07 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles; wires, pipes, wells or drainage and septic systems on the Protected Area shall be 7 prohibited, except as reasonable and necessary to support the permitted structures on the Protected Area. 3.08 Amplified Sound: The use of amplifiers or other similar devices for sound shall be permitted only to the extent noise levels do not exceed those allowed under applicable laws, ordinances, rule and regulations. 3.09 Prohibited Uses: The use of the Protected Area for any permanent or temporary, residential, commercial or industrial use shall be prohibited except for those uses presently existing (and so identified in the Baseline Documentation) or permitted in this Easement. Nothing shall preclude the use of the Protected Area for recreation uses as permitted by this Easement or the conversion to agricultural uses as permitted in sections 4.06 through 4.08 herein. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership: Subject to the limitations in this Easement, Grantor shall retain all other customary rights of ownership in the Premises, including but not limited to those particularly described in this Article herein. 4.02 Possession: Grantor shall continue to have the right to exclusive use and possession of the Premises 4.03 Use: Grantor shall have the right to use the Premises for public recreation uses and in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable laws of the Town of Southold, County of Suffolk, State of New York and federal government, and which would be consistent with the perpetual protection of the Conservation Values and would not defeat or derogate from the purpose of this Recreation Easement. 4.04 Structures and Improvements for Recreational Purposes A. Allowable Improvements on the Protected Area: Grantor shall have the right to maintain, remodel, and expand as described below existing structures and improvements on the Protected Area, as identified in the Baseline Documentation, and such other structures and improvements, except any additional golf club houses, that are subordinate to and supportive of the recreation uses permitted by this Easement, provided, in the case of such other accessory structures and improvements, Grantor has received the prior written consent of the Grantee as same may be required by the Code of the Town of Southold, which shall be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement and other applicable laws, including but not limited to all dimensional requirements, set back requirements and parking requirements of the Code of the Town of Southold. Structures and improvements are limited to: (i) Golf club house, golf maintenance and storage structures; (ii) Golf cart paths, access drives to provide access to the improvements permitted herein, parking areas, a foot trail for non -motorized vehicles for foot traffic only 3 for the sole use of the future owners, customers, tenants, occupants, assigns and possessors of Protected Area; and (iii) Golf safety nets, golf targets, fences and temporary signs used in conjunction with customary golf course use such as tournaments or outings; and (iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted hereunder; and (v) Outdoor lighting necessary and incidental to the recreation use. Such lighting shall be "dark skies" compliant as set forth in the Code of the Town of Southold. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee. 4.05 Development Area: Grantor shall have the right to develop and utilize the Development Area depicted in Schedule C as is permitted by the Town Code of the Town of Southold for the zoning designation of the Premises. At no time shall all or part of the Development Area be subdivided from its existing or future tax map parcels. The Development Area may not become a single and separate parcel. Any existing and customary parking of vehicles outside of and/or adjacent to the Development Area shall be permitted as long as the Protected Area is used for golf course activities. Any change in use allowable under this Easement shall extinguish such auxiliary use. Approval of the Grantee shall be required for any parking outside the Development Area in such instance. 4.06 Alternate Use: Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose. If for any reason the Premises is no longer used as a golf course open to the public for a fee, the Premises may be used, pursuant to the provisions of Section 1.01 and at the discretion of Grantee, in perpetuity, either (a) for public outdoor recreation, that requires the approval of the Town Board subsequent to a public hearing provided such public outdoor recreation use does not defeat or derogate from the purpose of this Easement, or (b) for agriculture purposes, as further described in Sections 4.07, 4.08 and 4.09. A. Grantor shall provide Grantee no less than ninety (90) days notice of Grantor's intent to convert the use of the Premises from recreational to agricultural or passive public outdoor recreation; B. Nothing herein shall prevent Grantor from ceasing agricultural use and reverting to public golf course use provided said use is of the entirety of the Protected Area. 4.07 Permitted Agricultural Uses: Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)- 0) of the Agriculture and Markets Law, now, or as said §301(2)(a) -(j) may be amended, provided 9 said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U -Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Hunting is permitted on the Protected Area provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Article Four and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument. 4.08 Structures and Improvements for Agricultural Purposes A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Protected Area, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i). Underground facilities used to supply utilities solely for the use and enjoyment of the Premises or adjoining properties subject to development rights easement or other conservation instrument; (ii). New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii). Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. (iv). Such signage advertising the agricultural activities as is permitted by the provisions of the Southold Town Code. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, 10 including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss or wear and tear to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.08 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.09 Agricultural Prohibited Uses: While the Protected Area is used for agricultural purposes, the following shall be prohibited: A. Residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. The Protected Area shall not be utilized or maintained as Lawn. B. Excavation and Removal of Materials; mining. The excavating, regarding, scraping, or filling of the Protected Area shall be prohibited without the written consent of the Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand or other materials from the Protected Area is prohibited, nor shall the topography of the Property be changed, except in connection with usual and customary agricultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. C. Soil and Water. Any use or activity that cause or is likely to cause soil degradation or erosion or pollution of any surface or subsurface water shall be prohibited. This prohibition shall not be construed as extending to agricultural operations or practices (including without limitation, the use of agrochemical such as fertilizers, pesticides, herbicides, and fungicides) that in accordance with sound agricultural practices of the Nation Resources Conservation Service ("NRCS"). D. Drainage. The use of the Protected Area for a leaching or sewage disposal field shall be prohibited. The use of the Protected Area for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Protected Area. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Grantor's Warranty: Grantor warrants and represents to the Grantee that Grantor is the owner of the Premises described in Schedule "A", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. 11 5.02 Taxes and Assessments: The Grantor, for itself, its successors and assigns, agrees to pay any real estate taxes and other assessments levied by competent authorities on the Premises and to relieve the Grantee from any duty or responsibility to maintain the Premises. If the Grantor, its successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Premises occurs, the Grantee, upon twenty (20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Premises from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Premises and to assure the continued enforceability of this Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns' interest in said Premises. This right shall not affect the right of the Grantor, its successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes or to contest any taxes or assessments in good faith. 5.03 Annual Mowing and Maintenance Requirement: In the event Grantor seeks to leave the Protected Area open and fallow, then Grantor hereby agrees to mow and maintain the Protected Area as necessary in order that said property may be used for recreational activity. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Protected Area to perform such mowing and maintenance. 5.04 Indemnification: Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Area or from any taxes, levies or assessments upon it or resulting from this Recreation Easement, all of which shall be considered Grantor's obligations. Grantor shall name Grantee as an additional insured entity for purposes of comprehensive and fire insurance. Grantee shall name the Protected Area on its general liability insurance policy. In the event that Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its policy, Grantee agrees to reimburse Grantor for said additional costs. 5.05 Notice: Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Article Four herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Access: The Grantor hereby grants all available Development Rights from the Protected Area to the Grantee. The Grantor shall retain the right of possession and use of the Premises. The Grantor shall permit public access to the Protected Area upon the public's payment of applicable fees and charges and said public access and use shall be subject to Grantor's reasonable rules and regulations. 12 6.02 Entry and inspection: Grantee shall have the right to enter, by authorized representatives of the Grantor, the Protected Area twice annually for a two (2) day inspection per site visit upon at least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of (i) inspecting the Protected Area to determine if the Grantor, its successors and assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of this Easement; (iii) taking any and all actions with respect to the Protected Area as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof, (iv) monitoring the condition of the aquifer and its relation to potable drinking water; and (vi) any other lawful purpose for which is embodied in this Recreation Easement 6.03 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Area to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Area resulting from such causes. 6.04 Enforcement Rights of Grantee: Grantee, in a reasonable manner and at reasonable times, may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the 'restoration of the Protected Area to the condition at the time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Area due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties. In the event that the Grantee becomes aware of an event or circumstances of non-compliance with the terms and conditions herein set forth, the Grantee shall give notice to the Grantor, its successors and assigns, as set forth herein, of such event or circumstance of non-compliance and request corrective action sufficient to abate such event or circumstance of non-compliance and restore the Protected Area to its previous condition. Failure by the Grantor to cause discontinuance, abatement or such other corrective actions as may be requested by the Grantee within ninety (901 days after receipt of such notice shall entitle Grantee, at its election, to: (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Protected Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Protected Area affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement. 6.05 No Waiver: Grantee's exercise of any remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in 13 exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assessed Valuation: Grantee agrees that the assessed valuation placed upon the Premises, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Premises by reason of this Grant of Easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Premises by this Recreation Easement, as required under §247(3) of General Municipal Law, and generally in accordance with valuation principles legally applicable to such assessments of real property. 6.07 Limitations on Extinguishment. If a subsequent unexpected change in the conditions surrounding the Premises can make impossible or impractical the continued use of the Premises for conservation purposes, this Easement can only be terminated or extinguished, whether with respect to all or part of the Premises, by judicial proceedings in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Premises (or any other property received in connection with an exchange or involuntary conversion of the Premises) after such termination or extinguishment, and prior to the payment of any costs or expenses associated with such sale, Grantee shall be entitled to an amount no less than Grantee's proportionate share of the gross proceeds of such sale, as such proportionate share is determined under the provisions of Section 6.08, adjusted, if necessary, to reflect a partial termination or extinguishment of this Conservation Easement. If for any other reason Grantee is not paid Grantee's proportionate share, Grantee has the right to recover such deficiency (including the right to record a lien to secure its recovery of such deficiency) from the record owner of the Premises at the time of such sale. All such proceeds shall be deposited in a Trust and Agency Account of the Grantee, pursuant to §36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. In the event of extinguishment of this Easement in whole or in part, the provisions of Sections 6.07, 6.08, and 6.09 shall survive such extinguishment. 6.08 Percentage Interests. Grantor and Grantee hereby confirm that the donation of this Easement gives rise to a property right immediately vested in Grantee, with a value for purposes of Sections 6.07, 6.08, and 6.09 determined as follows. The parties hereto stipulate that as of the effective date of this grant the Easement and the restricted fee interest in the Premises each represent a percentage interest in the fair market value of the Premises (Grantee's percentage interest is referred to herein as Grantee's "proportionate share"). Said percentage interests shall be determined by the ratio of the value of the Easement on the effective date of this grant to the value of the Premises, without deduction for the value of the Easement, on the effective date of this grant. The values on the effective date of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the IRC. The parties shall include the ratio of those values with the Baseline Documentation (on file at Grantee's offices) and, pursuant to to the Treasury Regulations requiring the determination of the value of the Easement on the effective date of this grant, the parties hereto shall amend such values, if necessary, to reflect any final determination thereof by the Internal Revenue Service or court of competent jurisdiction in any appeal of the final determination by the Internal Revenue Service. For purposes of this 14 paragraph, the ratio of the value of the Easement to the value of the Premises unencumbered by the Easement shall remain constant, and Grantee's proportionate share of the fair market value of the Premises thereby determinable shall remain constant. 6.09 Condemnation. If all or any part of the Premises is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full fair market value (without regard to any diminution in value attributable to the Easement) of the interests in the Premises subject to the taking and all incidental or direct damages resulting from the taking. Prior to the payment of any expenses reasonably -incurred by the parties to this Easement in connection with such taking, Grantee shall be entitled to Grantee's proportionate share from the recovered proceeds in conformity with the provisions of Sections 6.07 and 6.08 (with respect to the allocation of proceeds). The respective rights of Grantor and Grantee set forth in Section 6.07, 6.08, and 6.09 shall be in addition to, and not in limitation of, any rights they may have at common law. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of the Grantee, pursuant to §36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. 6.10 Alienation: No property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board -of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold, with an affirmative two-thirds vote, as provided by Section 17 of the Code of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests, which were acquired by the Town prior to any such amendment. 6.11 Affordable Rates and Fees for Town of Southold Residents: The parties wish to provide affordable public recreation opportunities to residents of the Town of Southold who are not current members of the Island's End Golf Course. Grantor shall provide at least annually to Grantee and at least sixty (60) days prior to the effective date, a proposed schedule of rates or fees for each of the recreational activities provided to the public. Said schedule must be approved by the Town Board prior to enactment. If said schedule of rates or fees include an increase which does not exceed 10 % of the previous schedule amounts, the Town Board shall approve the schedule. Notwithstanding this required approval, if sixty (60) days have expired, said schedule of rates or fees shall be deemed approved. The Town Board will consider proposed increases greater than 10% and will not withhold approval if Grantor provides reasonable evidence of the need for such greater increase to cover an extraordinary out-of-pocket expense or an extraordinary increase in its cost of doing business ARTICLE SEVEN LOT LINE MODIFICATION / RESUBDIVISION / SALE OF PREMISES 15 7.01 Sale of Premises: The parties acknowledge that the Premises along with adjacent land currently owned by Island's End Golf and Country Club, Inc., identified as SCTM parcels 1000- 35-2-12 and 1000-35-2-17.1 comprise the public golf course. If the cessation of the golf course use necessitates a subdivision of the four plots comprising the golf course, no such subdivision shall result in more than two plots or parcels as recognized by Suffolk County and the Southold Town Planning Board. Said two parcels shall contain the Development Areas and in no circumstance may all or part of a Development Area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. 7.02 Lot Line Modification / Resubdivision. Notwithstanding the terms and conditions set forth in this Easement to the contrary, Grantor, its successors or assigns, together with the owners, its successors or assigns of the adjacent land currently owned by the Island's End Golf and Country Club, Inc. identified as SCTM parcels 1000-35-2-12 and 1000-35-2-17.1 are authorized to make such applications as are necessary to effect a lot line modification of the four parcels which are the subject of the Easements on their respective properties. Such lot line modification shall result in no more than two plots or parcels as recognized by Suffolk County and the Southold Town Planning Board. Said two parcels shall contain the development areas and in no circumstance may all or part of a development area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. ARTICLE EIGHT RIGHT OF FIRST REFUSAL 8.01 Restrictions on Transfers: Except as otherwise provided in this Easement, Grantor shall not sell, assign, transfer, pledge, hypothecate, or otherwise encumber or dispose of in any way, all or any interest in the Premises without first affording Grantee the opportunity the purchase said interest in the Premises at fair market value, subject to Section 8.04, through proper notice. Any sale, assignment, transfer, pledge, hypothecate or other encumbrance or disposition of any interest of the Premises not made in conformance with this Article shall be null and void. Notwithstanding the foregoing, the Grantor hereby retains the right to enter into a lease of the Premises for uses consistent with the uses of the Premises authorized by this Easement. Any mortgage loan obtained by Grantor and secured by a mortgage upon the Premises shall not be subject to the restrictions contained herein. 8.02 Duration: Grantee shall have an option for a period of forty-five (45) days from receipt of notice from Grantor of a sale, assignment, transfer, pledge or other disposition, to elect to purchase said interest of the Premises This shall allow for sufficient time for Grantee to review the option and to acquire an appraisal of said interest in the Premises prior to making a decision on the option. If Grantee elects to exercise this option, Grantee must respond in writing within forty (45) days of Grantee's receipt of Grantor's notice. Said writing shall clearly and unequivocally state an acceptance of the option and be signed by either the Town Supervisor or the Land Preservation Coordinator. 16 8.03 Valuation: The value of said interest of the Premises shall be determined by an independent accredited appraiser mutually agreed upon by both Grantor and Grantee. Said appraiser shall be hired at the expense of Grantee. 8.04 Notice: Grantor's notice must state clearly and unequivocally an intent to sell, assign, transfer, pledge or dispose of any interest of the Premises, along with a request for a timely determination as to whether or not Grantee will exercise the option. Notice shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with Section 8.05 of this Easement. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with Section 8.05 of this Easement. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.05 Limitations to Rights of Refusal: Notwithstanding the provisions of this Conservation Easement, the Grantor may sell or otherwise assign, with or without consideration, a part of or interest in the Premises to any spouse or member of Grantor's immediate family, or to a custodian, trustee, executor, or other fiduciary for the account of the Grantor's spouse or members of the Grantor's immediate family, or to the trust for the Grantor's own self, or a charitable remainder trust, or to the owners of the adjacent parcels currently identified as SCTM#1000-35-2-12 and #1000-35-2-17.1, provided that each such transferee or assignee, prior to the completion of the sale, transfer, or assignment shall have executed documents assuming the obligations of the Grantor under this Conservation Easement with respect to the Right of First Refusal. For purpose of this Section 8.05, "Grantor" shall mean and include the members of Grantor or the beneficiaries of any trust that is a member of the Grantor. This section shall not apply to any changes in memberships or shareholder interests in this Grantor. ARTICLE NINE MISCELLANEOUS 9.01 Entire Understanding: This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9.02 Subsequent Deeds: Grantor agrees that the terms, conditions, restrictions and purposes of this Easement -shall be inserted by reference in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title or its possessory interest in the Premises. 9.03. Limitations on Amendment 17 A. Grantor and Grantee recognize that natural conditions, landscapes, and technologies change over time (including best practices of open space stewardship techniques), and, in an abundance of caution, have determined, in good faith, to articulate herein the limited parameters of any permissible amendment hereto. The intent of Grantor and Grantee is that (except in a case involving solely the correction of a drafting mistake, or mapping error, or in a situation involving solely adding additional property to the existing encumbered property) any such amendment would be executed only in rare instances and unusual circumstances not envisioned by either party at the time of this grant, consistent with 'and true to the perpetual protection of the conservation values of the Protected Area and the Conservation Values, and consistent with the goals and provisions of New York Environmental Conservation Law, Section 49-0301, et seg. (hereinafter, the "NYECL"), and the goals and provisions of Section 170(h) of the Code. Further, it may be necessary at some point to amend this Easement in response to changes over time specifically to ensure the perpetual protection of the Conservation Values. This Section 9.03 is accordingly carefully limited so as to ensure that the Conservation Values are protected in perpetuity. Nothing in this Section 9.03 shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. B. This Easement shall be amended only upon the written, agreement of Grantee and Grantor, at Grantee's sole and absolute discretion, and following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote, but only if such amendment: (a) does ,not constitute private inurement or give rise to an impermissible private benefit under Section 501(c)(3) and other applicable provisions of the Code or the NYECL, based on an appraisal of the economic impact of the proposed amendment by an appraiser selected by Grantee; (b) has a neutral or positive effect on the Conservation Values, based on an evaluation of the effect of the proposed amendment on the conservation values by an independent qualified person selected by Grantee; (c) is consistent with the purpose of this Easement and the perpetual protection of the Conservation Values; (d) does not affect the perpetual nature of this Easement; and (e) complies with the NYECL and Section 170(h) of the Code. Further, no amendment shall be permitted that (i) does not complywith the provisions of this Section 9.03, (ii) would involve the removal of any of the Protected Area from the Easement, or (iii) would alter or, remove the restrictions on assignment of this Easement under the provisions of Section 8.01, or the provisions on extinguishment, percentage interests, or condemnation under Section 6.09. In the case of any amendment, all of these requirements and restrictions in this Section 9.03 must be satisfied. C. In the event Grantor and Grantee agree to an amendment pursuant to the provisions of this Section 9.03, an addendum to the Baseline Documentation Report shall be prepared and shall be acknowledged, by Grantor and Grantee as memorializing the condition of the Protected Area as of the date the amendment is delivered, for recording to the Office of the Clerk of the County of Suffolk, State of New York. Notwithstanding the foregoing, an addendum to the Baseline Documentation Report shall not be required for any amendment that involves solely the correction of a drafting mistake or mapping error. D. If Grantor is the parry requesting an amendment of this Easement, Grantor shall be responsible for all reasonable and customary costs related to Grantee's evaluation of said request and the amendment's execution and, if applicable, any agency or judicial proceeding referred to in Section6.07, including reasonable attorney's fees and staff, contractor, legal, and consultant costs incurred by Grantee, and any costs associated with the preparation of the updated Baseline Documentation Report prepared pursuant to the provisions of Section 9.03(C). 18 E. A proposed amendment that is agreed to by Grantor and Grantee but nevertheless exceeds the scope of the limited discretion granted under this Section 9.03 is not permitted except by a final non -appealable judgment of a court having jurisdiction in a proceeding to which the Attorney General of the State of New York was given written notice and an opportunity to participate to represent the public interest in ensuring the continued perpetual protection of the Conservation Values 9.04 Severability Any provision of this Easement which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement, which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 9.05 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery, by overnight courier service or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested in the case of mailed notice or marked for delivery on the next business day, with charges prepaid or provided for by the sender in the case of overnight courier notice. Mailed notice or overnight courier to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator, or to such other address as Grantee may designate by notice in accordance with this Section 9.05. Notice shall be deemed given and received as of the date of its manual delivery or the third day after the date of its mailing or the date of actual delivery by overnight courier service. 9.06 Governing Law: New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 9.07 Interpretation: Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the parry whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render the provision invalid, then that provision shall be given such interpretation as would render it consistent with the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breach of the restrictions on use of the Premises shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Premises, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. M 9.08 Warranties: The warranties and representations made by the parties in this Easement shall survive its execution. 9.09 Effective Date and Recording: Grantor and Grantee intend that the restrictions arising hereunder are effective on the day and year this DEED OF CONSERVATION EASEMENT is delivered for recording to the land records of the Office of the Clerk of Suffolk County, New York, after all required signatures have been affixed hereto. This Easement shall be timely recorded. Grantee may re-record this instrument or record any other instrument at any time as may be required to preserve its rights in this Easement. 9.10 Headings: The hearings, title and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 9.11 Consent: Any time the prior written approval or consent of the Grantee is required hereunder, such approval or consent shall not be unreasonably withheld, conditioned, or delayed. 9.12 Successors and Assigns: The covenants, terms, conditions, restrictions, benefits; and burdens of this Easement shall be binding upon, the parties hereto and their respective successors, personal representatives, heirs, and assigns and shall continue as a restriction running in perpetuity with the Premises. An owner of the Premises shall only be responsible for those violations first occurring on the Premises during such owner's ownership, and -while still an owner of the Premises (although notwithstanding the foregoing, a subsequent owner - may also be held responsible for those violations first occurring during another's prior ownership of the Premises unless an estoppel or compliance certificate was obtained by such subsequent owner prior to or at the time of the transfer of the ownership of the Premises to such subsequent owner). In the event of a breach of the terms hereof, by the owner or owners of any divided portion of the Premises, no owner or owners of any other portion of the Premises shall be liable for such breach. Any of the rights herein -reserved to Grantor may be exercised by any owner or owners from time to time of any lot within the Premises. 9.13 Compliance Certificates: Upon request by, Grantor, Grantee shall within thirty (30) days execute and deliver to Grantor any document that may be requested by Grantor, including an estoppel certificate or compliance certificate, to certify to the best of Grantee's knowledge Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise to evidence the status of this Easement. 9.14 Representation of Authority: Each signatory to this Easement represents and warrants that he or she Js duly authorized to enter into and execute the terms and conditions' of this Easement and to legally bind the parry he or she represents. 9.15 No Goods or Services: Pursuant to the requirements of Section 170(f)(8) of the Code, Grantor and Grantee acknowledge that no goods or services or other consideration have been provided by Grantee to Grantor as consideration for this Easement, and Grantee will provide Grantor, with a separate letter so stating. r� 9.16 Counterparts: The Parties may execute this instrument in two (2) or more counterparts, which shall in the aggregate, be signed by both Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. ct4Ted �a - 6- i IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Easement on the day and year set forth above. This contract has been duly executed by the parties hereto. GRANTOR WILLIAM KING and MARY PACINDA TURNER as Executrix of the Estate of ROBERT TURNER w r�i�•�►� K; � Si r�L 6-57; e o -f -t2,6a-r-r 'r"urp-er, by M,&r-y 16.4e;Nda-FL,",, EKE--U.-rn: .1c Attorney for Grantor: 51020 Main Road Southold, NY 11-971 Tel: 631-765-4663 Fax: 631-765-4643 Attorney for Grantor: John Shoro, Esq. Bowditch 311 Main Street Worcester, MA 01606 William D. Moore, Eq. GRANTEE: TOWN OF SOUTHOLD 21 By: SCOTT SSELL, SUPERVISOR Attorney for Grantor: Mary C. Wilson, Esq. Address: 933 Mill Creek Drive Palm Beach Gardens, FL 33410 Tel.: 631-902-6550 Fax: 631-728-1920 State of New York ) County of Suffolk- ) ss: On `�� �� �, °�"' 1 before me, the undersigned, personally appeared bi ; It ;.4 k A . -1<(- •u. 5z , personally known to me or approved 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. State of New York ) County of Suffolk ) ss: ROBERT DEFRESE NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01DE5035117 Qualified in Suffolk County My Commission Expires October 24, 2022 On Ce",l _ I", 0219 before -me, the undersigned, personally appeared 104c;iv<Le, , personally -known to me or approved 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. ROBERT DEFRESE 22 NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01DE5035117 Qualified in Suffolk County My Commission Expires October 24, 2022 State of New York County of SG�� On the 6;7"' day of in the year 23 11 before me the undersigned, personal appeared SC --3T' - --p- Lk- 9 -S,-C 1 I personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public ROBERT DEFRESE NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01DE5035117 Qualified in Suffolk County MY Commission Expires October 24, 2022 LOT 001.000 KING TRUST S,CTM #1000-35.-2-1 lfcRtl v NLL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, ,ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NYS Route 25) where the Westerly line of land now or formerly of Theodore D. Anderson intersects said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes 20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis; THENCE along said lands the following four courses and distances: 1. North 23 degrees 58 minutes 40 seconds West 300 feet; 2. South 66 degree 01 minute 20 seconds West 183.65 feet; 3. North 45 degrees 51 minutes 50 seconds West 88.26 feet; 4. South 66 degrees 01 minute 20 seconds West 371.08 feet; THENCE along lands described in Map of Peconic Landing at Southold the following 15 courses and distances to the ordinary high water line of Long Island Sound: 1. North 24 degrees 34 minutes 30 seconds West 423.08 feet; 2. North 76 degrees 49 minutes 10 seconds East 155.11 feet; 3. North 07 degrees 02 minutes West 40.19 feet; 4. North 01 degree 45 minutes West 434.17 feet; 5. North 00 degrees 39 minutes 30 seconds West 100.15 feet; i. North 05 degrees 18 minutes 40 seconds West 100.93 feet; 7. North 00 degrees 04 minutes 20 seconds East 172.71 feet; 8. North 03 degrees 40 minutes West 100.0 feet; 9. North 01 degree 34 minutes West 300.20 feet; 10. North 00 degrees 19 minutes 40 seconds West 179.94 feet; 11. North 27 degrees 56 minutes 50 seconds East 65.47 feet; 12. North 13 degrees 46 minutes 30 seconds West 33.68 feet; 13. North 28 degrees 19 minutes 30 seconds West 89.61 feet; 14. North 31 degrees 03 minutes 40 seconds West 300.01 feet; 15. North 30 degrees 10 minutes 40 seconds West 913.21 feet; THENCE along said high water line of Long Island Sound the following 4 courses and distances; 1. North 30 degrees 29 minutes 40 seconds East 212.79 feet; 2. North 16 degrees 48 minutes 50 seconds East 100.05 feet; 3. North 29 degrees 55 minutes 50 seconds East 100.84 feet; 4. North 20 degrees 44 minutes 30 seconds East 411.96 feet; THENCE South 35 degrees 55 minutes 10 seconds East 1823.45 feet; THENCE South 53 degrees 03 minutes 40 seconds West 443.55 feet; THENCE along lands formerly of Islands End Golf and Country Club, Inc. the following 5 courses and listances: �. South 35 degrees 39 minutes 20 seconds East 1015.92 feet; 2. South 63 degrees 53 minutes 50 seconds West 259.70 feet; _ \ 3. South 35 degrees 39 minutes 20 seconds East 385.86 feet; ' 4. South 63 degrees 53 minutes 50 seconds West 417.20 feet; c Sc,ii�DI.tLE It (—OAJ' 5. South 32 degrees 42 minutes 50 seconds East 444.98 feet; THENCE along land now or formerly of Anderson the following 2 courses and distances: . South 66 degrees 01 minutes 20 seconds West 150.0 feet; L. South 32 degrees 42 minutes 50 seconds East 300.0 feet to the point of BEGINNING. LOT 011.000 KING TRUST SCTM #1000•-35.-2-11 ALL that certain plot, piece or parcel of land, situate, lying,and being at East Marion, Town of Southold, :ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25) at the boundary fine between the subject parcel and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2 courses and distances: 1,. North 36 degrees 01 minutes 35 seconds West 728.56 feet; 2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet; THENCE along said lands of the following 2 courses and distances: 1. North 53 degrees 03 minutes 40 seconds East 186.02 feet; _ 2. North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map 46266; THENCE along said lands, North 54 degrees 06 minutes 31 seconds East 604.84 feet; THENCE continuing along said lands and lands now or formerly of the Suffolk County Water Authority the following 3 courses and distances: 1. South 34 degrees 09 minutes 11 seconds East 859.22 feet; 2. South 30 degrees 53 minutes 20 seconds East 269.10 feet; 3. South 28 degrees 09 minutes 41 seconds East 540.14 feet; f HENCE South 51 degrees 37 minutes 20 seconds West 518.52 feet; THENCE South 36 degrees 08 minutes 40 seconds East 912.22 feet; THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NYS Route 25); THENCE along said Northerly line of Main Road (NYS Route 25) South 67 degrees 19 minutes 18 seconds West 184.48feet to the point or place of BEGINNING. 5&i�t,tL,e-7 A � , p� Parcel Key Map xab I'= aoo' a KING 1RW KING 7RW SCTM#1000•s5-02-01 SCTM#l000-35-02-ff 707A1 AREA TOW AREA g� Z72O,694SO.R. I,367,I30SO. FT.. 62.46A90 309A= v�aY7d � Y�g9 � CUR 5696 ave Qa 7951 avv �n a '\ SOW1000-35-0142 CLO ff• - 6� SCIM#100035-01-f1.1 tl! ✓ 'X ��a. i � ej°=/ l "� "fir• � ' � i C.mrad to q y - as T— 196 ♦v am aa6m � � - e r•' �� - � � �► � - m -Irk d tee M1 FGg Jr O. -A. a enY ramlm,a u m9r, raeM Wkd m, b.—6o roaY /f \ I'S •.i pSA1N _ Survey Prop" East Marion O Torn of Southold Suffolk County New Yark Yap /1000-55-02-1 R 11 16 • 2019 Seale 1'= 100 ,•,,,• ORAPiCC 9CAIE IYL4 r'" e c JL(-t�IAL� Ls KinI4 Protected Area: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, :ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Westerly line of land now or formerly of Theodore D. Anderson 300.00 feet Northerly from the intersection of same line with the Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE North 24 degrees 34 minutes 30 seconds West 350.03 feet; THENCE South 66 degrees 01 minutes 20 seconds West 681.61 feet; THENCE along lands described in Map of Peconic Landing at Southold the following 15 courses and distances to the ordinary high water line of Long Island Sound: 1. North 24 degrees 34 minutes 30 seconds West 158.44 feet; 2. North 76 degrees 49 minutes 10 seconds East 155.11 feet; 3. North 07 degrees 02 minutes West 40.19 feet; 4. North 01 degree 45 minutes West 434.17 feet; 5. North 00 degrees 39 minutes 30 seconds West 100.15 feet; 6. North 05 degrees 18 minutes 40 seconds West 100.93 feet; 7. North 00 degrees 04 minutes 20 seconds East 172.71 feet; 8. North 03 degrees 40 minutes West 100.0 feet; 9. North 01 degree 34 minutes West 300.20 feet; 10. North 00 degrees 19 minutes 40 seconds West 179.94 feet; 11. North 27 degrees 56 minutes 50 seconds East 65.47 feet; 12. North 13 degrees 46 minutes 30 seconds West 33.68 feet; 13. North 28 degrees 19 minutes 30 seconds West 89.61 feet; 14. North 31 degrees 03 minutes 40 seconds West 300.01 feet; 15. North 30 degrees 10 minutes 40 seconds West 913.21 feet; THENCE along said high water line of Long Island Sound the following 4 courses and distances; 1. North 30 degrees 29 minutes 40 seconds East 212.79 feet; 2. North 16 degrees 48 minutes 50 seconds East 100.05 feet; 3. North 29 degrees 55 minutes 50 seconds East 100.84 feet; 4. North 20 degrees 44 minutes 30 seconds East 411.96 feet; THENCE South 35 degrees 55 minutes 10 seconds East 1823.45 feet; THENCE South 53 degrees 03 minutes 40 seconds West 443.55 feet; THENCE along lands formerly of Islands End Golf and Country Club, Inc. the following 5 courses and distances: 1. South 35 degrees 39 minutes 20 seconds East 1015.92 feet; 2. South 63 degrees 53 minutes 50 seconds West 259.70 feet; 3. South 35 degrees 39 minutes 20 seconds East 385.86 feet; 4. South 63 degrees 53 minutes 50 seconds West 417.20 feet; 5. South 32 degrees 42 minutes 50 seconds East 444.98 feet; THENCE along land now or formerly of Anderson South 66 degrees 01 minutes 20 seconds West 150.0 feet to the point of BEGINNING. King Trust Protected Area ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point distant North 36 degrees 01 minutes 35 seconds West 422.71 feet from a monument set in the Northerly line of Main Road (NYS Route 25) at the boundary line between lands now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2 courses and distances: 1. North 36 degrees 01 minutes 35 seconds West 305.85 feet; 2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet to lands now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust; THENCE, along said lands, of the following 2 courses and distances: 1. North 53 degrees 03 minutes 40 seconds East 186.02 feet; 2. North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map #6266; THENCE along said lands, North 54 degrees 06 minutes 31 seconds East 604.84 feet; THENCE continuing along said lands and lands now or formerly of the Suffolk County Water Authority the following 3 courses and distances: 1. South 34 degrees 09 minutes 11 seconds East 859.22 feet; 2. South 30 degrees 53 minutes 20 seconds East 269.10 feet; 3. South 28 degrees 09 minutes 41 seconds East 540.14 feet; THENCE South 51 degrees 37 minutes 20 seconds West 518.52 feet; THENCE South 36 degrees 08 minutes 40 seconds East 660.79 feet; THENCE South 60 degrees 21 minutes 00 seconds West 187.75 feet to the point or place of BEGINNING. -!DC �'-DLALF- ( _, King Trust Development Area: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, :ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NYS Route 25) where the Westerly line of land now or formerly of Theodore D. Anderson intersects said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes 20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis; THENCE along said lands the following four courses and distances: 1. North 23 degrees 58 minutes 40 seconds West 300 feet; 2. South 66 degree 01 minute 20 seconds West 183.65 feet; 3. North 45 degrees 51 minutes 50 seconds West 88.26 feet; 4. South 66 degrees 01 minute 20 seconds West 371.08 feet; THENCE, along lands described in Map of Peconic Landing at Southold, North 24 degrees 34 minutes 30 seconds West 264.64 feet; THENCE North 66 degrees 01 minutes 20 seconds East 681.61 feet; THENCE South 24 degrees 34 minutes 30 seconds East 350.03 feet; CHENCE South 32 degrees 42 minutes 50 seconds East 300.0 feet to the Northerly line of Main Road and the point of BEGINNING. King Trust Development Area: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, -ounty of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25) at the boundary line between the subject parcel and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club North 36 degrees 01 minutes 35 seconds West 422.71 feet; THENCE North 60 degrees 21 minutes 00 seconds East 187.75 feet; THENCE South 36 degrees 08 minutes 40 seconds East 251.43 feet; THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NYS Route 25); THENCE along said Northerly line of Main Road (NYS Route 25) South 67 degrees 19 minutes 18 seconds West 184.48feet to the point or place of BEGINNING. KING 7RW SCTM#1000-35.02-01 n PaTcel Ky MV sw. Y= 400' KIN67RW SffM#1000.35-01-11 0 r' - au8 ` SCTM#1000-35 ARb1 01-12 4 >jQ •• � T07Als n 111,08150A..�� 9.57AW A�— CLUB m� Mme SCTM000-35-02-n1 70TAI AREA 1,014,529 SO.A.. ' ua my � �iJ rte® // `� � '`� e'i \�\�Y.� �` • ®,mss, -�� % " a'Q`' RRimg w ...m � er"�'.�a M �d� Nye o �I�Rp!•9" � SurveyufProporly d Fcrf Marfan 00. To— '/ Town f Soulhold Sullolk C—ly. Now York lo. Yap fi0ao-05-OI-17 d 171 I� o, 16 2019 Scai. 1-v 100 ` OR4PgC 9CNE ;�G •N — r Lig z 6 y (7� R —� o seS See 6aj -e-" s I lim Z-1 t ALTA OWNER'S POLICY OF TITLE INSURANCE Policv Number „ Fidelity National Title 7404-004490 Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred'by the Insured by reason of. 1. Title being vested other than as stated in Schedule A. 2. Any -defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. 'No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. AMERICAN Copyright American Land Title Association. All rights reserved. LANDTITIE nfSUCIATIUN The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/17/2006) Printed 12 10 19 @ 09.12 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. 'Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Issuing Office. Fidelity National Title Insurance Services, LLC 24 Commerce Drive Riverhead, NY 11901 Tel: (631)727-0600 Fax: (631)727-0606 I Countersigned By. r� SEAL Authorized Officer or Agent Fidelity National Title Insurance Company By: President Attest: Secretary Copyright American Land Title Association. All rights reserved.AMfRIAN ND TCTLF ASSUCIATIUY The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/1712006) Pnnted 12 10 19 @ 09 12 AM NY-FT-FRVH-01030.431004-S PS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE A POLICY NO. 7404-004490 ;Dafe of Policy Amount: of lnstarance`,,. December 6, 2019 $1,293,750:00 1. Name of Insured Town of Southold 2. The estate or interest in the Land that is insured by this Policy is Easement 3. Title is vested in: Town of Southold Deed of Conservation Easement made by Island's End Golf and Country Club, Inc. dated December 6, 2019 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy is described as follows: See Schedule A (Continued), following. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN ^AND TITLE SSUCIATIUF ALTA Owners Policy (06/17/2006) Pnnted 12 10 19 @ 09 12 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 SCHEDULE A (continued) AMENDED 9/26/2019 AS TO LOT 017.001 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, bounded and described as follows - BEGINNING at a point on the Northerly side of Main Road (S.R. 25) at the Southeasterly corner of land now or formerly of 4545 Main Road Enterprises Inc. and the Southwesterly corner of land about to be described; RUNNING THENCE North 32 degrees 07 minutes 30 seconds West, along the land now or formerly of 4545 Main Road Enterprises Inc. 246.86 feet, THENCE South 66 degrees 07 minutes 40 seconds West, still along the land now or formerly of 4545 Main Road Enterprises Inc. and the land now or formerly of David Gillespie, 181.18 feet to the land now or formerly of Graig B. Stein; THENCE North 31 degrees 58 minutes 30 seconds West, along the land now or formerly of Stein, 56.79 feet; THENCE South 66 degrees 01 minutes 20 seconds West, still along the land now or formerly of Stein and land now or formerly of Belmor Properties LLC, 440.31 feet to land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust; 1 THENCE along the land now or formerly of said last mentioned trust the following eight (8) courses and distances: 1. North 32 degrees 42 minutes 50 seconds West, 440.98 feet; 2. North 63 degrees 53 minutes 50 seconds East, 417.20 feet; 3. North 35 degrees 39 minutes 20 seconds West, 385.86 feet; 4. North 63 degrees 53 minutes 50 seconds East, 259.70 feet; 5. North 35 degrees 39 minutes 20 seconds West, 1,015.92 feet; 6. North 53 degrees 03 minutes 40 seconds East, 257.53 feet; 7. South 35 degrees 33 minutes 00 seconds East, 1,513.42 feet; 8. South 36 degrees 01 minutes 35 seconds East, 728.56 feet to the Northerly side of Main Road; 9. South 66 degrees 26 minutes 50 seconds West, along the Northerly side of Main Road, 368.01 feet to the point or place of BEGINNING. AS TO LOT 012.000 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, 193.16 feet Northerly along said boundary line from the Northerly line of the Main Road, said point of beginning being the Northwesterly corner of land of Hellenic Land LLC and the Southwesterly corner of the premises hereinafter described, from said point of beginning; RUNNING THENCE along said land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust the following two courses and distances: ' 1. North 36 degrees 08 minutes 40 seconds West, 912.22 feet to a point; 2. North 51 degrees 37 minutes 20 seconds East, 493.45 feet to land of the Suffolk County Water Authority; AMERICAN Copyright American Land Title Association. All rights reserved. EANDTITIE MS -1 01 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06117/2006) Printed 12.10.19 @ 09 12 AM NY-FT-FRV H -01030.431004-S PS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 SCHEDULE A (continued) THENCE along said land of the Suffolk County Water Authority, two courses: 1. South 33 degrees 56 minutes 40 seconds East 318.07 feet; 2. South 31 degrees 49 minutes 30 seconds East, 660.74 feet; THENCE along said land of the Suffolk County Water Authority and along said land of Hellenic Land LLC, South 60 degrees 21 minutes 00 seconds West, 408.67 feet to the point of BEGINNING. END OF SCHEDULE A AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASS.CIATIOn The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (06/17/2006) Printed 12.10.19 @ 09.12 AM NY-FT-FRVH-01030.431004-S P S-27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Rights of tenants and persons in possession. 2. Parking Agreement n Liber 12522 Page 474 corrected by Liber 12862 Page 761 (for benefit of tax lot 008.000) (affects Lot 017.001). 3. Right of Way in Liber 5825 Page 536 (affeccst Lot 012.000). 4. Premises described in Schedule "A" are landlocked and no access to or from same is insured (As to Lot 012.000). 5. Company excepts sewer charges that have not been specifically included on the tax report herein. 6. Easement in Liber 12518 Page 741 (for information only recorded against 1000-035.00-02.00-008.000). 7. Survey made by John Minto,. L.S. dated May 16, 2019 covers premises and more: As to Lot 012.000 shows: building, concrete patio; asphalt pavement traverses onto adjoining parcel, ball dispenser; driving range; gravel driveway up to 6.9 feet west of easterly record line; fence up to 1.4 feet north of southerly record line. 8. Policy excepts any state of facts an accurate survey made since May 16, 2019. 9. Survey made by John Minto, L.S. dated May 16, 2019 covers premises and more: As to Lot 017.001 shows* pergola over frame platform; gravel parking areas; steps; slate area; bike rack; concrete walk and gravel parking area traverse onto adjoining parcel; parking easement area as shown; cart paths traverse across and onto adjoining parcels; retaining wall; shed and roof over transformer straddle westerly record line, fence up to 3.8 feet north of southerly record line; fence, asphalt and planter at variation with westerly record line. 10. Policy excepts any state of facts an accurate survey made since May 16, 2019. 11. Subject to the rights of others to use and maintain gravel driveway, asphalt pavement and cart paths. 12. 19/20 Town/School tax. END OF SCHEDULE B A&AFRICAN Copyright American Land Title Association. All rights reserved. FANO TITLF �ffOC�nf IOn The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (06117/2006) Pnnted. 12 10 19 @ 09 12 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to budding and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (n) the character, dimensions, or location of any improvement erected on the Land, (iii) the subdivision of land, or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters - (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10), or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or'simdar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance" The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy" The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. AMF RICAN Copyright American Land Title Association. All rights reserved. END TITLE The tjse of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association ALTA Owner's Policy (06/17/2006) Printed 12 10.19 @ 09 12 AM NY-FT-FRVH-01030.431004-S PS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 (continued) (g) "Land" The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage". Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law (i) "Public Records". Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. G) 'Title" The estate or interest described in Schedule A (k) "Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (u) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment) that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as - of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association ALTA Owners Policy (06/1712006) Pnnted 12 10.19 @ 09 12 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative'of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay, or (u) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance, or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by Ten Percent (10%), and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. rim AAIFAICAN , Copyright American Land Title Association. All rights reserved. LAND rITLF ni5' I—ON The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (0611712006) Printed, 12.10 19 @ 09 12 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004490 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004490 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within thirty (30) days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and Noll 00 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and Noll 00 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (w) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land Is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. in neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS Copyright American Land Title Association. All rights reserved. AMERICANLAND TITEE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/17/2006) Pnnted 12 10 19 @ 09 12 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004490 Issued By- Fidelity STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) National Title Insurance Company The following is added as a Covered Risk: Attached to and made a part of Policy Number: 7404-004490 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the Insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any Igen on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company gated: December 6, 2019 Countersigned By: Authorized Signatory Standard New York Endorsement (7/1/12) Printed. 12.10 19 @ 09 13 AM For use with ALTA Owner's Policy (6/17/06) NY-FT-FRVH-01030.431004-SPS-27306-1-19-7404-004490 ALTA OWNER'S POLICY OF TITLE INSURANCE Policy Number. Fidelity National Title 7404-004491 Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land, (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. AMERICAN Copyright American Land Title Association. All rights reserved. LAN OT TITLE Assounnu" The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of'the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/17/2006) Pnnted 12.10.19 @ 09 14 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, Is recorded In the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar- creditors' rights laws; or (b) because the Instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording In the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Issuing Office: Fidelity National Title Insurance Services, LLC 24 Commerce Drive Riverhead, NY 11901 Tel: (631)727-0600 Fax: (631)727-0606 Countersigned By: SEAL Authorized Officer or Agent Fidelity National Title Insurance Company By: President Attest: '>(1 , , �,Z� Secretary Copyright American Land Title Association. All rights reserved. LAND TITLE AfSDI'IATIO� The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/17/2006) Printed 12.10 19 @ 09 14 AM NY-FT-FRVH-01030.431004-S PS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 SCHEDULE A 1 Name of Insured Town of Southold 2. The estate or Interest in the Land that is insured by this Policy Is: EASEMENT 3. Title is vested in - Town of Southold Deed of Conservation Easement made by William King and Mary Pacinda Turner, as Executrix of the Last Will and Testament of Robert Turner, dated December 6, 2019 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy Is described as follows - See Schedule A (Continued), following. AMERICAN Copyright American Land Title Association. All rights reserved. [AND TITLE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as -0- of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06117/2006) Pnnted 12 10 19 @ 09 14 AM NY -FT -F RVH -01030.431004-S P S-27306-1-19-7404-004491 of'Insgancew December 6, 2019 $3,881,250.00 1 Name of Insured Town of Southold 2. The estate or Interest in the Land that is insured by this Policy Is: EASEMENT 3. Title is vested in - Town of Southold Deed of Conservation Easement made by William King and Mary Pacinda Turner, as Executrix of the Last Will and Testament of Robert Turner, dated December 6, 2019 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy Is described as follows - See Schedule A (Continued), following. AMERICAN Copyright American Land Title Association. All rights reserved. [AND TITLE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as -0- of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06117/2006) Pnnted 12 10 19 @ 09 14 AM NY -FT -F RVH -01030.431004-S P S-27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 SCHEDULE A (continued) AMENDED 9/26/2019 LOT 011.000 ALL that certain plot; piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25) at the boundary line between the subject parcel and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2 courses and distances: 1. North 36 degrees 01 minutes 35 seconds West 728.56 feet; 2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet, THENCE along said lands of the following 2 courses and distances: 1. North 53 degrees 03 minutes 40 seconds East 186.02 feet; 2. North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map #6266; THENCE along said lands, North 54 degrees 06 minutes 31 seconds East 604.84 feet; THENCE continuing along said lands and lands now or formerly of the Suffolk County Water Authority the following 3 courses and distances: 1. South 34 degrees 09 minutes 11 seconds East 859.22 feet; , 2. South 30 degrees 53 minutes 20 seconds East 269.10 feet; 3. South 28 degrees 09 minutes 41 seconds East 540.14 feet; THENCE South 51 degrees 37 minutes 20 seconds West 518.52 feet; THENCE South 36 degrees 08 minutes 40 seconds East 912.22 feet; THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NYS Route 25); THENCE along said Northerly line of Main Road (NYS Route 25) South 67 degrees 19 minutes 18 seconds West 184.48feet to the point or place of BEGINNING. i LOT 001.000 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NYS Route 25) where the Westerly line of land now or formerly of Theodore D. Anderson intersects said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes 20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis; THENCE along said lands the following four courses and distances: 1. North 23 degrees 58 minutes 40 seconds West 300 feet; 2. South 66 degree 01 minute 20 seconds West 183.65 feet; AMERICANCopyright American Land Title Association. All rights reserved. EANUTITEE ASSOCIATION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (06117/2006) Pnnted 12 10.19 @ 09 14 AM NY-FT-FRVH-01030.431004-S PS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 SCHEDULE A (continued) 3. North 45 degrees 51 minutes 50 seconds West 88.26 feet, 4. South 66 degrees 01 minute 20 seconds West 371.08 feet; THENCE along lands described in Map of Peconic Landing at Southold the following 15 courses and distances to the ordinary high water line of Long Island Sound: 1. North 24 degrees 34 minutes 30 seconds West 423.08 feet; 2. North 76 degrees 49 minutes 10 seconds East 155.11 feet; 3. North 07 degrees 02 minutes West 40.19 feet; 4. North 01 degree 45 minutes West 434.17 feet; 5. North 00 degrees 39 minutes 30 seconds West 100.15 feet; 6. North 05 degrees 18 minutes 40 seconds West 100.93 feet; 7. North 00 degrees 04 minutes 20 seconds East 172.71 feet; 8. North 03 degrees 40 minutes West 100.0 feet; 9. North 01 degree 34 minutes West 300.20 feet; 10. North 00 degrees 19 minutes 40 seconds West 179.94 feet; 11. North 27 degrees 56 minutes 50 seconds East 65.47 feet; 12. North 13 degrees 46 minutes 30 seconds West 33.68 feet; 13. North 28 degrees 19 minutes 30 seconds West 89.61 feet; 14. North 31 degrees 03 minutes 40 seconds West 300.01 feet; 15. North 30 degrees 10 minutes 40 seconds West 913.21 feet; THENCE along said high water line of Long Island Sound the following 4 courses and distances; 1. North 30 degrees 29 minutes 40 seconds East 212.79 feet; 2. North 16 degrees 48 minutes 50 seconds East 100.05 feet; 3. North 29 degrees 55 minutes 50 seconds East 100.84 feet; 4. North 20 degrees 44 minutes 30 seconds East 411.96 feet; THENCE South 35 degrees 55 minutes 10 seconds East 1823.45 feet; THENCE South 53 degrees 03 minutes 40 seconds West 443.55 feet; THENCE along lands formerly of Islands End Golf and Country Club, Inc. the following 5 courses and distances: 1. South 35 degrees 39 minutes 20 seconds East 1015.92 feet; 2. South 63 degrees 53 minutes 50 seconds West 259.70 feet; 3. South 35 degrees 39 minutes 20 seconds East 385.86 feet; 4. South 63 degrees 53 minutes 50 seconds West 417.20 feet; 5. South 32 degrees 42 minutes 50 seconds East 444.98 feet; THENCE along land now or formerly of Anderson the following 2 courses and distances: 1. South 66 degrees 01 minutes 20 seconds West 150.0 feet; 2. South 32 degrees 42 minutes 50 seconds East 300.0 feet to the point of BEGINNING. END OF SCHEDULE A AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSUCIATIOM1 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. dc�a ALTA Owners Policy (0611712006) Pnnted 12.10.19 @ 09.14 AM NY-FT-FRV H -01030.431004-S P S-27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of, Rights of tenants and persons in possession. No title is insured to any land lying below the high water line of Long Island Sound, its arms, branches and tributaries by whatever name called, as the same now exists or formerly existed. 3. Rights of the United States Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon including buildings or other structures, from land now or formerly lying below the high water mark of Long Island Sound without compensation to the insured. 4. Riparian rights and easements of others to and over Long Island Sound, and this policy does not insure any riparian rights or easements in favor of the owner of the premises herein. 5. , Rights of the United States Government, the State of New York and County of Suffolk, Town of Southold, or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent thereto. 6. Electric Agreement in Liber 11842 Page 849. 7. Right of Way in Liber 4221 Page 436. 8. Memorandum of Lease in Liber 12662 Page 643. 9. Company excepts sewer charges that have not been specifically included on the tax report herein. 10. Survey made by John Minto, L.S. dated May 16, 2019 covers premises and more: as to Lot 001.000 shows: 2 barns, office trailer, asphalt pavement; block walls; roof over tank; gravel driveway; utility poles; shed; roof over transformer; cart paths traverse across and onto adjoining parcels; bridge; retaining walls; gazebo; fence up to 9.1 feet west and 1.8 feet east of easterly record line; wall up to 1.5 feet west, gazebo up to -3.1 feet west and walk at variation with easterly record line; shed and roof over transformer straddle easterly record line; fence at variation with southerly record line. 11. Policy excepts any state of facts an accurate survey made since May 16, 2019. 12. Survey made by John Minto, L.S. dated May 16, 2019 covers premises and more: As to Lot 011.000 shows: 2 buildings; detached garage; shed; utility poles; guy wires; asphalt driveway; gravel parking areas; awning; asphalt walk; concrete walk; cart paths traverse across and onto adjoining parcels; hot box, steps; restrooms; walk; asphalt pavement and concrete walk traverse onto adjoining parcels; fences at variation with easterly record line; shed up to 1.8 feet east of easterly record line. 13. Policy excepts any state of facts an accurate survey made since May 16, 2019. 14. Company excepts rights of utility companies to maintain or relocate hot box, utility poles; guy wires as shown on the survey used herein. Policy excepts the rights of others to use said service. AMERICAN Copyright American Land Title Association. All rights reserved. SAND TITLE wSSGI'IAYION The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06/17/2006) Printed 12 10 19 @ 09 14 AM NY-FT-FRVH-01030.431004-S P S-27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) 15. Company does not Insure that shed and roof over transformer straddling easterly record line can remain, undisturbed, in their present location (as to Lot 001.000). 16. Company does not insure that shed up to 1.8 feet east of easterly record line can remain, undisturbed in its present location (as to Lot 011.000). 17. Subject to the rights of others to use and maintain asphalt pavement, concrete walk and cart paths. 18. 19/20 Town/School. END OF SCHEDULE B s� AMERICAN Copyright American Land Title Association. All rights reserved. SAND TITLE ASS.0.101 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (0611712006) Pnnted 12.10.19 @ 09 14 AM NY-FT-FRV H -01030.431004-S P S-27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to budding and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (ii) the character, dimensions, or location of any improvement erected on the Land, (iii) the subdivision of land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3 Defects, liens, encumbrances, adverse claims, or other matters. (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10), or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vestmg'the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean - (a) "Amount of Insurance" The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "hate of Policy' The date designated as "Date of Policy" in Schedule A. (c) "Entity A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured" The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant An Insured claiming loss or damage. (f) "Knowledge" or "Known" Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. �AN AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE AIWA. N The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (06117/2006) Pnnted 12.10.19 @ 09 14 AM NY -FT -F R VH -01030.431004-S PS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 (continued) (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage"- Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law (i) "Public Records" Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the cleric of the United States District Court for the district where the Land is located. (j) 'Title" The estate or interest described in Schedule A (k) "Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (u) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (i) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (m) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. AA7EAICAN Copyright American Land Title Association. All rights reserved. LAND TITLE M -1010N The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (0611712006) Pnnted 12 10 19 @ 09 14 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay, or (n) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (n) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by Ten Percent (10%), and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, Igen, or encumbrance, or cures the lack of a right of access to or from the Land; or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. AMF PLI CAN Copyright American Land Title Association. All rights reserved. LAND TITLE ♦f SI,CIAf10M1 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (0611712006) Pnnted 12 10.19 @ 09 14 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004491 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-004491 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within thirty (30) days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant In the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules") Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (u) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at - Fidelity National Title Insurance Company P.Q. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS AMERICAN Copyright American Land Title Association. All rights reserved. EAN1) TLTEE AMCIATIOA The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (06/17/2006) Printed. 12 10.19 @ 09 14 AM NY-FT-FRVH-01030 431004 -SPS -27306-1-19-7404-004491 Issued By- eFidelity STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) National Title Insurance Company Attached to and made a part of Policy Number: 7404-004491 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and,which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: December 6, 2019 Countersigned By: Authorized Signatory Standard New York Endorsement (7/1/12) Printed: 12.10.19 @ 09 14 AM For use with ALTA Owner's Policy (6/17/06) NY-FT-FRVH-01030.431004-SPS-27306-1-19-7404-004491 N Y S D E C NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests, Bureau of Real Property 625 Broadway, 5th Floor, Albany, New York 12233-4250 P: (518) 402-94421 F: (518) 402-90281 Landsforests4dec.ny.gov www,dec.ny.gov February 26, 2020 Melissa Spiro , , . � , Land Preservation Coordinator Department of Land Preservation, Town of Southold P. O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: I�IC�COMLD MAR - 2 2020 LAND PRESERVATION DEPT Town of Southold We received the following conservation easements on January 27, 2020: CE: Suffolk 0686 Grantor: William King and Mary Pacinda Turner, as Executrix of the Last Will and Testament of Robert Turner, late of Suffolk County, deceased Deed: Book D00013040 Page 987 Recorded: 12/19/2019 CE: Suffolk 0687 Grantor: Island's End Golf and Country Club, Inc. Deed: Book D00013040 Page 996 Recorded: 12/19/2019 The conservation easements cited above have been identified for our indexing and filing purposes. These numbers may be,needed for the landowner to claim a conservation easement tax credit; however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT -242-1 (excerpt below in italics). Note: A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions, for the year of the donation. Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased: • for no consideration or a nominal amount, or • for less than fair market value (FMV), provided, in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations section 1. 170A -13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit. NEWYORK Departmentof PMRTU Environmental Conservation Doroski, Melanie From: Doroski, Melanie Sent: Thursday, March 05, 2020 11:05 AM To: Catherine@chaudhuri.com; 'catherine chaudhuri@gmail.com; Bill King; M P Turner; 'wdmoore@mooreattys.com'; Betsy Perkins; 'Margaret at Moore Law Offices'; 'Toni Hoverkamp', 'John F Shord Subject: NYSDEC Conservation Easement Registry # Attachments: NYSDEC Islands End King Turner registry.pdf Attached you will find the NYSDEC Conservation Registry # in regard to the Town's easements at Island's End Golf. These numbers are needed for the landowner, if qualified, to claim a conservation easement tax credit. McCanie Doroski Sr. Administrative Assistant Land Preservation Department Town of SouthoCd 631-765-5711 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southol d.ny.us Telephone (631) 765-5711 www.southoldtownny.gov OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA`electronic mail lynn.lindskoog@dec.ny.gov January 27, 2020 NYSDEC Bureau 'o ' f Real Property 625 Broadway, 51 Floor Albany, NY 12233-4256 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Attention: Lynn M. Lindskoog, Real Estate Specialist 1 Bureau of Real Property Re: Conservation Easements Registry ISLAND'S END GOLF AND COUNTRY CLUB, INC. to TOWN OF SOUTHOLD Dear Ms. Lindskoog: I am providing you with a copy of the recorded Deed of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: TOTAL EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Island's End Golf and Country Club, Inc. Town of Southold 12/19/2019 D00013040 Page 996 4675 & 5243 NYS Route 25, Greenport 30.03 acres 1000-035.00-02.00-012.000 and 1000-035.00-02.00-017. 100 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 460,c >.- Melissa Spiro Land Preservation Coordinator enc. cc: Toni Hoverkamp, Esq. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (63 1) 765 -5 711 www.southoIdtownny.gov OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail lynn.lindskoog@dec.ny.gov January 27, 2020 NYSDEC Bureau of Real Property 625 Broadway, 5" Floor Albany, NY 12233-4256 Attention: Lynn M. Lindskoog, Real Estate Specialist 1 Bureau of Real Property Re: Conservation Easements Registry KING and ESTATE OF TURNER to TOWN OF SOUTHOLD Dear Ms. Lindskoog: ;P . , I am providing you with a copy of the recorded Deed of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: TOTAL EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: William King / Estate of Robert Turner Town of Southold 12/19/2019 D00013040 Page 987 3365 & 5025 NYS Route 25, Greenport 86.5 acres 1000-035.00-02.00-001.000 and 1000-035.00-02.00-011.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 41"A� ce- Melissa Spiro Land Preservation Coordinator enc. cc: William D. Moore, Esq. John F. Shoro, Esq. P R O P E R T Y R E C O R D S CONSERVATION EASEMENTS Island's End Golf and Country Club, Inc. King/Turner Closing held on December 6, 2019 SUM #1000-35.-2-1 SUM #1000-35.-2-11 SUM #1000-35.-2-12 SCTM #1000-35.-2-17.1 From left to right: Barbara Koch David Jannuzzi, Esq. Toni Haverkamp, Esq. Meinrad Danzer Holly Sanford Mark Levine William King Catherine Chaudhuri Supervisor Scott A. Russell Mary Pacinda Turner Mary C. Wilson, Esq. Melanie Cirillo Melissa Spiro Melanie Doroski William D. Moore, Esq. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR malissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 1) 765-6640 www.southoldtownny.gov DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Public Works Suffolk Co Division of Real Estate OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Tax Assessors Building Department Land Management Town Comptroller Planning Board Peconic Land Trust The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: December 6, 2019 Re: ISLAND'S END GOLF AND COUNTRY CLUB. INC. to TOWN OF SOUTHOLD SCTM #1000-35.-2-12 and #1000-35.-2.17.1 Conservation Easement WILLIAM KING and MARY PACINDA TURNER. as Executrix of the Last Will and Testament of ROBERT TURNER to TOWN OF SOUTHOLD SCTM 01000-35.-24 and #1000-35.-2-11 - Conservation Easement Please be advised that the Town of Southold has acquired conservation easements on the four (4) properties listed above. These four (4) properties together comprise the operating golf course that is open to the public and known as Island End Golf & Country Club. When taken together, the combined acquisition cost totaled $5,175,000. The total surveyed parcel acreage is 126.71 acres that includes 116.53 protected acres and 9.75 acres of development areas. Details pertaining to each Conservation Easement acquisition is listed below. If you would like any additional information regarding the acquisitions, please feel free to contact me. ISLAND'S END GOLF AND COUNTRY CLUB, INC. Properties: LOCATION: 5243 & 4675 NYS Route 25, Greenport SCTM #: 1000-35.-2-12 and 1000-35.-2-17.1 PROPERTY OWNER: Island's End Golf and Country Club, Inc. CONTRACT DATE: April 25, 2019 PURCHASE DATE: Closing took place on December 6, 2019 PURCHASE PRICE: $1,293,750 (per contract) ISLAND'S END GOLF AND COUNTRY CLUB. INC. pronertv (continued): TOTAL PARCELS ACREAGE: 32 86 acres PROTECTED AREAS: 30.03 acres DEVELOPMENT AREA: 2 4 acres (southeast corner of SCTM #1000-35 -2-12) PARKING AREA EASEMENT: 0 43 acre (existing Correction Parking Area Easement dated March 3, 2016, recorded in the Suffolk County Clerk's office on 5/2/2016, Liber D00012862, Page 761) ZONING: FUNDING: KINGITURNER Properties: LOCATION: SCTM #: PROPERTY OWNERS: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCELS ACREAGE PROTECTED AREAS DEVELOPMENT AREAS: ZONING: FUNDING: R-80 Zoning District Community Preservation Fund (2%) 3365 & 5025 NYS Route 25, Greenport 1000-35.-2-1 and 1000-35.-2-11 William King and Mary Pacinda Turner, as Executrix of the Last Will and Testament of Robert Turner April 25, 2019 Closing took place on December 6, 2019 $3,881,250 00 (per contract) 93.85 acres 86.5 acres 1.85 acres (southwest corner of SCTM #1000-35.-2-11) 5.5 acres (southwest corner of SCTM #1000-35.-2-1) R-80 Zoning District Community Preservation Fund (2%) ADDITIONAL PROJECT INFORMATION: The Town purchased the Conservation Easements for the purpose of providing public outdoor recreational enjoyment and opportunities within the Town, providing affordable recreational opportunities for the residents for the Town and others, and prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognized that, in the future, the public recreational purpose may become unsustainable, and allowed for the subject property to be used for agricultural purposes subject to Town Board approval and pursuant to the terms of the Conservation Easements. The Town acknowledged that the purchase of the Conservation Easements constitutes a bargain sale. The Conservation Easements include terms for a Right of First Refusal providing the Town the opportunity to purchase the Premises. The, Conservation Easements include terms for Lot Line modification/re-subdivision, including, but not limited to, restricting the 4 parcels involved in the acquisition from any lot line modification/re-subdivision that would result in more than 2 parcels, and from any lot line modification/re-subdivision or subdivision that would result in all or part of a development area becoming one of the resultant plots or parcels This golf course is open to the public, and the purpose and terms of the Conservation Easements require that the golf course, or other public recreational use, remain open to the public. The Conservation Easements include terms regarding rates or fees for the recreational activities provided to the public, including, but not limited to, providing, at least annually, a proposed schedule of rates or fees to the Town Board prior to enactment. G lww r. rtmrr u h atW rl wq na ec nq rw.leu M.- M" i fiNG MW XTM#1000-"-Of 9 a ® 4 a :a r r fel Key Map nNo MA7 SE/N#1000,95.0�if p, \ a. any*1000L" a ° .,� "MAN f 490# 4 �c�-- a i �7iP#fOD0.iS0�-flf t� 1DTALARGRAW- p Bu�N�?�Pa41 Muhl _ Torn of Soulhokl Suffolk Cnu0j, N., Ymk 41 T. Mg JIMN'6-02-I1 t 17.1 1e:r to . Im9 sm t•. Im• umrula ara `. 9 + • o •r 6 �' •• x�xe n¢usr s�WMARM 000 V a46A s a - ti - YJNGmw XWN00045-02 os TOW AWSA f,W430Mr. HJYA s AdM — 3H a y, =#1900 -35472 -Mr �000010, -�O 0025 ONNO0046-02.12 ° P Raly May oflp Eamlml W. _ Yorn of Soulhold ,�,^ ••' Suffolk County If- York mz Yry 16 , 1019 1'e Im' T� taurlm Saua I i I N E W S A R T I C L E S Island's End Golf Course Preserved - The Independent FROM LEFT TO RIGHT: SCOTT RUSSELL, SOUTHOLD TOWN SUPERVISOR; HOLLY SANFORD, PROJECT MANAGER, PECONIC LAND TRUST; CATHERINE CHAUDHURI, PRESIDENT, ISLAND'S END GOLF & COUNTRY CLUB; MEINRAD DANZER, TREASURER, ISLAND'S END GOLF & COUNTRY CLUB; MARY PACINDA-TURNER, OWNER; MARK LEVINE, LEGAL COUNSEL ADVISOR; TONI HOVERKAMP, ESQ., LEGAL COUNSEL. PHOTO BY I PECONIC LAND TRUST NORTH FORK SOUTHOLD PROTECTS 126.71 ACRES IN GREENPORT Island's End Golf Course Preserved JANUARY 14, 2020 BY I NICOLE TEITLER (HTTPS://INDYEASTEND.COM/AUTHOR/NTEITLER/) Independent/Peconic Land Trust After four years of negations, the Town of Southold officially purchased the development rights to 126.71 acres of what is now known as Island's End Golf and Country Club in Greenport. "This is an exciting purchase and a great opportunity," said Southold Town Supervisor, Scott Russell. "Not only was this the largest preservation project in the history of the town program, it ensures that the last remaining public golf course on the East End continues to operate for all to enjoy." Russell said the $5.1 million purchase announced December 6 could not have been done without the property owners and the Peconic Land Trust. Town of Southold's Community Preservation Fund made the acquisition possible, protecting all waterfront and shoreline within the Greenport property. Two separate development areas, nearing eight acres in total, are being allowed for limited development in relation to the overall property. Ownership of the land itself will be in the hands of the King and Turner families, along with Island's End Golf and Country Club. HOME PS://JNDYEASTEN .COM �� REAL ESTATE S W is is a great outcome, 1tfl �t P +€ /� d �l€ etl ,d / father would be proud of and always hoped would happen." "My late husband, Robert Turner, would be very proud that his father's legacy will now continue to be enjoyed by the community that he so loved," said Mary Pacinda-Turner. Island's End Golf and Country Club is the only 18 -hole golf course on the North Fork open to the public, and is expected to be used by the local high school golf teams. Historically, Island's End leased 93.85 acres from the -two families and retained the golf property as a semi -private club, opened in 1961. It retains 800 feet of shoreline and 40,000 trees dotting the fairways, boasting mature wildlife, and is maintained through environmentally -friendly practices. "We at Island's End are most grateful to the Town of Southold, the staff at Peconic Land Trust, and the King and Turner families," said Catherine Chaudhuri, president of Island's End Golf and Country Club. "The Island's End board and shareholders are thrilled our public course has been preserved." The vast acreage offers employment opportunities for new residents. Now, the Red Tail Hawk, Grey Horn Owl, foxes, and deer can keep the place they call home. The Peconic Land Trust has worked to preserve over 13,000 acres across Long Island since it was founded in 1983. This endeavor marks another successful moment for the nonprofit, as it works with landowners to protect wildlife while creating an equitable future for the -community. "For over half a century, Island's End has provided a wonderful recreational resource for the residents and visitors to the North Fork," said john Halsey, president of the Peconic Land Trust. "The conservation of this land — including all acreage along Long Island Sound and the mature wildlife habitat that is established within the fairways — is an extraordinary conservation outcome for all." nicole@indyeostend.com Town Acquires Development Rights To Public 18 -Hole Golf Course "There is an easement that ensures that it remains a public golf course for all to enjoy." By Lisa Finn, Patch Staff I Apr 24, 2019 8:04 am ET I Updated Apr 24, 2019 12:05 pm ET A* 5025 New York 25 Island s End Golf 8 Country Club 4 East (Google maps image.) NORTH FORK, NY — The Southold Town board voted Tuesday to acquire the development rights to Island's End Golf Course in East Marion. According to Southold Town Supervisor Scott Russell, the town preserved about 116 acres, at a total cost of $5.2 million. "There is an easement that ensures that it remains a public golf course for all to enjoy," Russell said, adding that it will be the only public 18 -hole golf course on the North Fork. Island's End Golf Course, known for its signature par -3 16th hole that runs along the Long Island Sound, is located just outside Greenport Village. The course, Russell said, is comprised of different parcels with different owner, a "jigsaw puzzle of ownership;" the acquisition of development rights was coordinated by the Peconic Land Trust and the town, requiring negotiations with several parties, he added. Team-, effort.to, preserve. 116 acres Town to.- purchase ,' d e v e 16' p-m' e- 'n'- t _rights„' BY MAHREEN,KHAN = STAFF WRITER - The Southold'Town, Board voted Tuesday night to preserve 116 acres. at, Island's End Golf and Country.Club in Greenport, a big win for both preserva- tionists and golfers who love'the course. Negotiations by the. Pecoriic band Trust with multiple owners of four different tax parcels at-thdelub helped put the deal together, -said Southold Supervisor Scott Russell.;, _- Two conservation easements _ one for Island's End Golfand Country Club Inc., amounting to about 30 acres, and the other for William Kirig,and Robert Turner_ of King Trust, amounting;to about 86 acres —were adopted,giving the Town Board the ability to purchase development rights on the properties, which are`classified by'code,as "pro- tected areas."'Beforethe 116=acre ease:. merits, none of the total of 126 acres was protected. Two of the tax -parcels are -,owned by Island's End, while ,the other tivo'are owned by King Trust. "This is one of the largest size and acreage projects;, probably the largest one -that the town has`undertAeri," . said Iand preservation coordinator Melissa Spiro. The golf -club has,been open�ind-in . use -since 1961•, accordingio Cathefine Chaudhuzi, president of -the: Dsland's 'Endboard of directors. Ms. Chaudhuri thanked the Peconic Land Trust,.tlie. landowners, Ms. "Spiro ,azld,tlie owa' Board•for their preservation efforts. ,w The town will acquire the two- ease= merits through the Community, ,Pres- ervation Fund fora total of $5;1"7.5,b00. ,Given that the town's purchase offeris below fair;marketvalue, the landowri- ers May be-ftible to claim-a'barg n sale, imahing that the diffearence:b'e,- tween the easement_ costs. and fair market values. may, be acknowledged by the IRS to defray taxes, which is. v FSC Lr_ 1 nA E. S THURSDAY, -,APRIL 25, 2019 _ An.overview of the area of 'the golf course that will -now be' preserved. ISLAND'S END...: - CONTINUED FROM PAGE 1, subject to IRS approval. , The purchase of the ,developinent• rights comes; as a ma)or�vyin' foz-tlie- Town Board under. Mr,. RusselI; as the property is -,listed -in the town1s11C6rri, munity P,reservation,Project Plan as_ land that should-bepreserved due to. its recreational,, open,spaee,.ag>ri- cultui,al values -and for,protectiorn, of roughly 800feet of undeveloped beach :and shoreline on-vong Island, -Sound. Legally, the *town had; to.hold,t*9. separate public hearings for each easement;; but;becagsep all;four,tay parcels fall within1sland's End terrain, the board combinedthe Bearings so . that each. -speaker wouldn't have to step ;to' the -podiuiri-fwice: According to Mg."Spiro; Island's •Erid has leased property from KingTrust. virt-ually0- the acreage protected b) fhe `easerrients, cannot bbiouched " or developed for, ainy_purpdse �as`tliey ares£ill-'coni'd'eied`'nVafb4aftdun- der- tire' easements:'-Xsl'and's End,;dfid th6'King Vustistill'oiniri their respec= five parcels; but`now, restric600s,06 iu place- that prohibit"-developtti'ent of that -laud for-'ousirig=of}coinmer' cial purposes. It can be -fused oiily'for public recreation -.namely, 460ess to the golf'course for,rnembers and non- members alike. ' Peconic Land Trust project manag- er-Holly.Sanford,sal d; "The,eas6ment. states h, hf should; in.th6 future,' golf cease to exist;' housing development is still-prohihited. Current_zoning would.have_allowed for dje;dev-elop- menvof,gpproxl ately 53 •residential lots, -she said.: = " "We .were:. I -11 please&because , we've-been-working'for:a inumb6.i of years'withthe;owners who:were open to=this,,aloiig with;the_golf•coizrse,'.' Ms. Sazifoid said. ”' 'conic _land Trust Looks for ward to seeing•the fiiture.... to see this iri a etui " , .4 . Memliers-6f thb'Town-Board'e'k - pressed 'satisfaction - with. -the•pur= chase.' _An East Marion resident,said he's watched his kids grow, up. on the' course.,: ! We play.together-with'thefamily =quite often," Rbbert'Syron, CEO and president• of Eeconie .Landing said, ":The -camaraderie :arid "the kinship, and:-everythiiig thaVit brings -when you go oder"to`the-elub'house-is quite remarkable. I•oommend the_town for making this happen .::,becatise'it's-re= allyimpoitant,t usall." mkhanC�timesreviewacoin _ - . 1 R E C O R D E D C O R R E C T I O N E A S E M E N T S Fidelity National Title Insurance Services LLC 24 Commerce Drive Invoice Riverhead, NY 11901 (631)727-0600 Date 2-16-21 (631)727-0606 7404-004490 Invoice# Application Date Report Date 7404-004490 DESCRIPTION TOTAL Correction easement — recordigg fees 600.00 Island's End Golf and Country Club, Inc. SUBTOTAL 600.00 TOTAL DUE 600.00 THANK YOU! c` CC# : C21-12603 «�4 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 05/14/2021 under Liber D00013104 and Page 443 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/28/2021 SUFFOLK COUNT/Y� CLERK JUDITH A.PASCALE SEAL C 11111111 111111111 VIII 11111 VIII VIII VIII VIII IIII 1111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/14/2021 Number of Pages : 32 At: 12 :25:03 PM Receipt Number : 21-0094767 TRANSFER TAX NUMBER: 20-32276 LIBER: D00013104 PAGE: 443 District: Section: Block: Lot: 1000 035.00 02 .00 012 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $160.00 NO Handling $20 .00 NO �t COE $5 .00 NO NYS SRCHG $15 .00 NO TP-584 $5. 00 NO Notation $0.50 , ..., NO Cert.Copies $0 .00 NO RPT $400 .00 " NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $605.50 TRANSFER TAX NUMBER: 20-32276 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County uqp T " RECORDED 22021 frau 14 12:25:03 PM (dumber of pages � JUDITH A. PASCALE CLERK OF SUFFOLK COUNTY This document will be public L D00013104 record.Please remove all P 443 DT# 20-32276 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 — SubTatal SpecJAsslt. Notation� � � or EA-5217(County) Sub Total Spec/Add. EA-5217 TOT.MTG.TAX Dual Town Dual County _ R.P.T.S. . 0 — Held for Appolntmen Cotr:in.ofEd. 5. 00t Transfer Tax _ I . + Mansion-Tax Affidavit y{®� The property covered by this mortgage Is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO OtherIf N0, see appropriate tax clause on Grand Total page# ' of this Inst r ent 4428141 Q „� ���� 7./ 5 Community Preservation Fund Real Property PTS /ILII+I�������III�I�I�IIII"I���III� CPF Tax Due Conderation Amount$ Tax Service R POL A ill + �J If�J Agency 15 MAR-2 Veriflcatlon _ Improved. Satlsfactions/Discharges/Releases List Property Owners Malling Address A 6 RECORD&RETURN TO: /l Vacant Land oht, ���Gv,t/ Q Sd crit o\/cs2 TD ,fANtagfv=' Ti D!J r TD 1179 TD So l01 Nk 111.7 r �t Oros Ki Mall to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# - 7 C4 OL( QDLi s Suffolk County Recording & Endorsem6nt Pa e This page forms part of the attached fcrnecr:o �=Smart tar.o.1i F.�4 sQw t'"r made by: (SPECIFYTYPE OF INSTRUMENT) �,�,/��(S Erot �'aol�' F�Co4✓rr4 �kb, rvc The premises herein is situated In SUFFOLK COUNTY,NEW YORK TO In the TOWN of = -�70-,-, 4 In the VILLAGE or HAMLET of g i9orT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over f IMPORTANT NOTICE If the document you've Just recorded is your SATISFACTION OF MORTGAGE, please bb aware of the following: If a portion of your monthly mortgage payment included your property taxes,• ou will now need to contact Your local Town Tax Receiver so that you maybe billed directlyfor all future property tax statements. Local'property taxes are payable twice a year: on or before January 10a and on or before May 31.. Failure to make payments In a timely fashion could result Ina penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway• 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes one Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road -- -. Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A.Pascale Suffolk County Clerk dW 2/99 i-o,w.wce,e PT S Stat ID: 1 4428141 15-MAR-21 Tax Maps District Secton Block Lot School District 1000 03500 0200 012000 ORIENT-EAST MARION 1000 03500 0200 017001 Ql() GREENPORT 1 ' CORRECTION DEED OF CONSERVATION EASEMENT Between ISLAND'S END GOLF AND COUNTRY CLUB, INC. And THE TOWN OF SOUTHOLD Febr R ,202.1, THIS CORRECTION B�8 made this day of Septe��828; OF A DEED OF CONSERVATION EASEMENT made the 6`h day of December 2019 by and between ISLAND'S END GOLF AND COUNTRY CLUB,INC., located at 5243 and 4675 Rte. 25 Greenport,New York,hereinafter referred to as"Grantor",and TOWN OF SOUTHOLD,a municipal corporation with offices at 53095 Main Road,Southold,NY 11971, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS,Grantor is the owner in fee simple of certain real property located at 4675 and 5243 Route 25, Town of Southold, County of Suffolk 1000, Section 35, Block 2, Lot 12 and PART OF Lot 17.1 hereinafter referred to collectively as "Premises"consisting of approximately 32.86 acres and more particularly bounded and described in the corrected Schedule"A", attached hereto and incorporated herein by reference; and WHEREAS, the Premises shall be governed by the terms of this Conservation Easement; and WHEREAS, Grantor has identified and designated two areas on the Premises which is the subject of this Easement, more fully described and defined herein as the "Protected Area" and the Development Area respectively however, the Deed 4 Conservation Easement dated December 6, 2019, with a recording date of December 19, 2019, as to Lot 17.001, inadvertently failed to include the frill description of the"Protected Area" in Schedule B and this herein Correction Deed of Conservation Easement corrects and includes the full description of the protected area , that description round in the attached Schedule B **NEW DESCRIPTION**: and ftirther, corrects a measurement in line 2 of Schedule B to read 468.38 feet instead of 493.45; and 1,.`i30 O 9�(O WHEREAS,the Deed of Conservation Easement dated December 6,2019 with a recording AWN date of December 19, 2019 as to Lot 012.000 is corrected in Schedule A to depict a correct measurement in line 2 from 493.45 to a correct measurement of 468.38 feet and further the Schedule A and Exhibit A shall include a corrected survey map depicting this corrected measurement: and WHEREAS. all other terms and conditions of the Deed of Conservation basement shall remain in frill force and effect; and WHEREAS, Grantor wishes to grant and transfer to Grantee, in perpetuity, pursuant to the provisions of Section 170(h) of the Internal Revenue Code of 1986; as amended, and the 1 regulations thereunder (the "Code") and Article 49, Title 3, of the Environmental Conservation Law of the State of New York (the"Conservation Law"), certain development rights on a portion of the Premises, approximately 30.03 acres herein referred to collectively as the"Protected Area" more particularly bounded and described in"Schedule B"attached hereto and incorporated herein by reference (the "Protected Area"), due to its open, scenic, and recreational value and significance; and WHEREAS, Grantor wishes to retain certain development rights on what is referred to as "Development Areas"on the Premises consisting of approximately 2.4 acres and more particularly bounded and described in"Schedule C"and wishes to exclude the area marked"parking easement area" located on the parcel identified as SCTM#1000-35-2-17.1 and consisting of.43 acres, from this Easement, said area more particularly bounded and described in "Schedule D"; and WHEREAS, the Premises has significant open,natural, scenic,and recreational values(the "Conservation Values") of great importance to Grantor, to Grantee, to the people of the Town of Southold,to the people of the County of Suffolk, and to the State of New York; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to promote conservation of land for recreational opportunities; and WHEREAS, Grantee has the commitment and resources to enforce, and will enforce, the provisions of this Easement; and WHEREAS, accordingly, Grantee is a"qualified organization"under Section 170(h)(3)of the Code; and WHEREAS, New York State has recognized the importance of efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of the Environmental Conservation Law, Section 49-0301 el seq; and WHEREAS, protection of the Premises will accomplish a number of the factors determining"significant public benefit" under Treas. Reg. Section 1.1 70A-I 4(d)(4)(iv); and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS; Grantor and Grantee recognize the public recreational value and character of the Premises and have the common purpose of conserving the Conservation Values of the Premises by the conveyance to the Grantee of this Easement on, over and across the Premises which conservation and protection will not only conserve the use of the Premises for recreational purposes; but will also provide affordable recreational opportunities for the residents of the Town of Southold and others in the area and prohibit the development of the Premises for any other purpose but recreational use; except as provided in this Easement, in perpetuity; and 2 WHEREAS, Grantor and Grantee acknowledge that the Premises, together with the adjacent two parcels currently identified as 9CTM#1000-35-2-1 and #1000-35-2-11, as further illustrated on Exhibit&, attached hereto and incorporated herein by this reference, comprise the operating golf course and that the owners of such adjacent parcels are entering into a similar easement with the Grantee concurrent with this Easement, to be recorded simultaneously herewith, in the land records of the Clerk of the County of Suffolk, State of New York,in order to preserve the existing golf course use pursuant to clearly delineated government conservation policy, for the scenic enjoyment of the general public, for public outdoor recreation; and WHEREAS, protection of the Premises through this Easement will provide substantial and regular public outdoor recreational opportunities for the general public, and accordingly this Easement meets the requirements of Section 170(h)(4)(A)(i)of the Code; and WHEREAS, this Deed of Conservation Easement permits Grantor, with the approval of Grantee and at the discretion of Grantee, to cease the recreation use and commence an agricultural use of the Protected Area and the Development Area; and WHEREAS,should Grantor elect to convert the use of the Protected Area from recreational to agricultural use, the provisions of Sections 4.6, 4.7, 4.8 and 4.9 are rights granted herein to Grantor for use of the Protected Area for agricultural purposes, and in all other respects the rights, restrictions, and limitations in this Deed of Conservation Easement shall be in effect in their entirety; and WHEREAS, the Premises is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Premises contains soils classified as Prime Farmland and Farmland of Statewide Importance worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey-of Suffolk County,New York; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board,Town of Southold,and §272-a of the New York State Town Law("Town Law")'to protect environmentally sensitive areas,preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected Area in its scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS the funds to preserve these premises were obtained through the Peconic Bay Region Preservation Act which was signed into law by Governor George Pataki on June 22, 1998 and subsequently updated and approved by public referendum by the residents of Southold Town in 2003, and most recently in July 20,16; and WHEREAS the premises are specifically identified in the Community Preservation Plan as eligible parcels; and WHEREAS the existing legislation and purpose of the Community Preservation Fund specifically states that the preservation of the community character will contain one or more of the following: Establishment of parks, nature preserves, recreational areas, and the preservation of open space, among other conservation values; and WHEREAS, protection of the Premises will accomplish a number of the factors determining"significant public benefit" underTreas. Reg. Section 1.170A-14(d)(4)(iv); and WHEREAS, accordingly, protection of the Premises is for the scenic enjoyment of the general public and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(A)(iii)(I) of the Code; and WHEREAS,accordingly,protection of the Premises is pursuant to clearly delineated federal, state, and local governmental conservation policies and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(a)(iii)(I1)of the Code; and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational or other open space purposes,will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Premises is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent,tangible and intangible values of the Premises as an environmental,natural, scenic, agricultural, and aesthetic resource; and WHEREAS, the Conservation' Values are further documented in the Baseline Documentation Report(the"Baseline Documentation"), a copy of which is on file at the offices of Grantor and Grantee, and Grantor and Grantee have therein acknowledged and hereby acknowledge said Baseline Documentation memorializes the condition of the Premises as of the effective date of this grant; and WHEREAS, Grantor iintends, as.owner of the Premises, hereby to convey to Grantee the right to preserve and protect the Conservation Values in perpetuity and represents that the Premises is free and clear of all encumbrances except for rights-of-way, easements, and reservations of record as of the effective date of this grant; and WHEREAS, Grantor warrants and represents that Grantor has the authority to enter into this Easement and that Grantor freely and voluntarily conveys this Easement to Grantee: and WHEREAS, Grantor has agreed to accept consideration for this Easement which consideration is significantly below the fair market value of the Easement, as determined by a 4 .qualified appraisal, and both Grantor and Grantee acknowledge that the granting of this Easement constitutes a "bargain sale"Grantee pursuant to the provisions of Section 1011(b)of the Code;and WHEREAS, Grantor and Grantee recognize the open space and scenic vista value of the Premises and have the common purpose of maintaining said open space and scenic vista to the maximum extent possible, limiting the area of structures and improvements supporting and accessory to, the principal recreation use of a golf course in and on the Premises and reserving , potential development areas as shown as the "development area" in the survey map identified as Schedule "C", annexed hereto and made a part,hereof; WHEREAS, Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose; NOW,THEREFORE, in consideration of the Grantor's receipt of Grantee's public funding provided by the Southold Community Preservation Fund, and other good and valuable consideration-paid to the Grantor,the Grantor does hereby grant, transfer,bargain,sell and convey to the Grantee a Conservation Easement, in gross, together with the Right of First Refusal on the Premises, which shall be binding upon and shall restrict the Premises, more particularly bounded and described on Schedule"A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Easement, the rights and interests in connection therewith and as hereinafter set forth,with respect to the Premises,unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of said Premises, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes in perpetuity upon and with respect to said Premises. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: ARTICLE ONE THE EASEMENT 1.01 Purpose: It is the purpose of this Easement to ensure that the Protected Area will be retained predominantly in its open and scenic condition in perpetuity for conservation purposes and to prevent any use of the Protected Area that will significantly impair, or interfere with the Conservation Values. if for any reason the Protected Area is no longer used as a golf course open. to the public for a fee, the Protected Area.may be used, at the discretion of Grantee; in perpetuity, either(a) for public outdoor recreation, pursuant to the provisions set forth in Section 4.06 or (b) for agriculture purposes, as further described in Sections 4.06, 4.07, 4.08 and 4.09. 1.02 Type: This Deed of Development Rights conveys a Conservation Easement in perpetuity, pursuant to Section 170(h) of the Code and the Conservation Law. Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use restrictions recited in this 5 Indenture. Reference to this Easement or its "provisions" in this Deed shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. 1.03 Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and same shall benefit the Grantee its successors and assigns,and that the burdens of said Recreation Easement are perpetual and shall run with the land. 1.04 Effect: The covenants, limitations, conditions, covenants, agreements, provisions and use restrictions of this Easement shall run with the,Premises and shall protect the Conservation Values of the Premises, in perpetuity as an incorporeal interest in the Premises, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, representatives, successors and assigns. Any rights,obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS 2.01 Development Rights-shall mean the permanent legal interest and right to prohibit or restrict the use of the Premises for uses other than those open space,recreational uses,or agricultural uses set forth herein. 2.02 Structure—anything-constructed or erected on or under the ground or upon another structure or building, including berms, driveways, parking areas or walkways. 2.03 Lawn — shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not considered lawn. 2.04 Riding Academy—shall mean a business use of a parcel for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction, or the holding of horse show or other equine events. ARTICLE THREE PROHIBITED ACTS 6 Unless otherwise permitted under Article Four hereof, from and after the effective date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Premises: 3.01 Dumping: There shall be no dumping of ashes, trash,garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground storage tanks in, on or under the Premises; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Premises which could cause erosion or siltation on the Protected Area without prior written approval from Grantee. 3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all- terrain vehicles or other motorized recreational vehicles,except as usual and customary for the use and enjoyment, maintenance, and operation of the Protected Area as permitted in this Easement. 3.03 Buildings and Structures: The construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on,over or under the Protected Area shall be prohibited, except as provided under Section 4.04 and 4.08 herein, for permitted recreation uses. Other structures and improvements, not now present on the Protected Area and so identified in the Baseline Documentation, including, but not limited to driveways, trails, fences and drainage structures as permitted in Section 4.04 and 4.08 hereof,shall not be erected on, over, or under the Protected Area without the prior written consent of the Grantee as may be required by the Code of the Town of Southold, which may be granted if the structure or improvement is supportive of and subordinate to the protection of the Conservation Values,and does not defeat or derogate from the purpose of this Easement or other applicable law. 3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Area shall be prohibited. There shall be no vegetative or tree clearing, except as is necessary for recreation uses permitted by this Easement. Nothing herein shall preclude Grantor from performing those activities that are usual and customary to golf course/driving range construction and/or maintenance, or other presently existing or permitted uses on the Protected Area or for purposes of erosion control and soil conservation,or any excavation or filling necessary for the erection of permitted structures pursuant to Sections 4.04 and 4.08 herein. 3.05 Subdivision/Partial Lease: No subdivision or partitioning of the Premises shall be permitted. The lease of any portion of the Protected Area for any purpose other than for uses consistent with current recreational use shall not be permitted. Notwithstanding the foregoing, Section 7.01 shall apply in the case of the sale of the Premises and Section 7.02 in the event of a Lot Line Modification/Resubdivision. 3.06 Signs: The display of signs, billboards, or advertisements on the Protected Area shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Area and only for the following purposes: a) to state the name of the Protected Area and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Protected Area for. c) temporarily to advertise the Protected Area or any portion thereof for sale or rent(subject to and in accordance with applicable 7 provisions of the Code of the Town of Southold), d) to post the Protected Area to control unauthorized entry or use, and e) to announce the Grantee's easement. Grantee acknowledges that currently existing and approved signage, billboards and advertisements on the Protected Area, as identified in the Baseline Documentation, do not adversely impact the Conservation Values. 3.07 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Protected Area shall be prohibited,except as reasonable and necessary to support the permitted structures on the Protected Area. 3.08 Amplified Sound: The use of amplifiers or other similar devices for sound shall be permitted only to the extent noise levels do not exceed those allowed under applicable laws,ordinances,rule and regulations. 3.09 Prohibited Uses: The use of the Protected Area for any permanent or temporary,residential, commercial or industrial use shall be prohibited except for those uses presently existing (and so identified in the Baseline Documentation) or permitted in this Easement. Nothing shall preclude the use of the Protected Area for recreatiori uses as permitted by this Easement or the conversion to agricultural uses as permitted in Sections 4.06 through 4.08 herein. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership:_ Subject to the limitations in this Easement, Grantor shall retain all other customary rights of ownership in the Premises, including but not limited to those particularly described in this Article herein. 4.02 Possession: Grantor shall continue to have the right to exclusive use and possession of the Premises 4.03 Use: Grantor shall have the right to use the Premises for public recreation uses and in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable laws of the Town of Southold, County of Suffolk, State of New York and federal government, and which would be consistent with the perpetual protection of the Conservation Values and would not defeat or derogate from the purpose of this Recreation Easement. 4.04 Structures and Improvements for Recreational Purposes A. Allowable Improvements on the Protected Area: Grantor shall have the right to maintain, remodel, and expand as described below existing structures and improvements on the Protected Area. as identified in the Baseline Documentation, and such other structures and improvements, except any additional golf club houses, that are subordinate to and supportive of the recreation uses permitted by this Easement, provided, in the case of such other accessory structures and improvements.. Grantor has received the prior written consent of the Grantee as same may be required by the Code of the Town of Southold, which shall be granted if the structure or improvement does not defeat or 8 derogate from the purpose of this Easement and other applicable laws, including but not limited to all dimensional requirements, set back requirements and parking requirements of the Code of the Town of Southold. Structures and improvements are limited to: (i) Golf club house, golf maintenance and storage structures; (ii) Golf cart paths, access drives to provide access to the improvements permitted herein, parking areas, a foot trail for non-motorized vehicles for foot traffic only for the sole use of the future owners, customers, tenants, occupants, assigns and possessors of Protected Area; and (iii) Golf safety nets, golf targets, fences and temporary signs used in conjunction with customary golf course use such as tournaments or outings; and (iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted hereunder; and (v) Outdoor lighting necessary and incidental to the recreation use. Such lighting shall be "dark skies"compliant as set forth in the Code of the Town of Southold. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee. 4.05 Development Area: Grantor shall have the right to develop and utilize the Development Area depicted in Schedule C as is permitted by the Town Code of the Town of Southold for the zoning designation of the Premises. At no time shall all or part of the Development Area be subdivided from its existing or future tax map parcels. The Development Area may not become a single and separate parcel. Any existing and customary parking of vehicles outside of and/or adjacent to the Development Area shall be permitted as long as the Protected Area is used for golf course activities. Any change in use allowable under this Easement shall extinguish such auxiliary use. Approval of the Grantee shall be required for any parking outside the Development Area in such instance. 4.06 Alternate Use: Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose. If for any reason the Premises is no longer used as a golf course open to the public for a fee,the Premises may be used, pursuant to the provisions of Section 1.01 and at the discretion of Grantee, in perpetuity, either(a) for public outdoor recreation, that requires the approval of the Town Board subsequent to a public hearing provided such public outdoor recreation use does not defeat or derogate from the purpose of this Easement, or(b) for agriculture purposes, as further described in Sections 4.07, 4.08 and 4.09. A. Grantor shall provide Grantee no less than ninety(90) days notice of Grantor's intent to convert the use of the Premises from recreational to agricultural or passive public outdoor recreation, 9 B. Nothing herein shall prevent Grantor from ceasing agricultural use and reverting to public golf course use provided said-use is of the entirety of the Protected Area. 4.07 Permitted Agricultural Uses: Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General,Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-O) may be amended, provided said amended provisions are inherently similar in nature to those crops,livestock and livestock products included as of the date of this Easement.No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Hunting is permitted on the Protected Area provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Article Four and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument. 4.08 Structures and Improvements for Agricultural Purposes A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Protected Area,as may be permitted by the Town Code and subject to review by the'town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i). Underground facilities used to supply utilities solely for the use and enjoyment of the Premises or adjoining properties subject to development rights easement or other conservation instrument; (ii). New construction, including drainage improvement structures,provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii). Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.08, provided the primary purpose of the structure remains agricultural. (iv). Such signage advertising the agricultural activities as is permitted by the provisions of the Southold Town Code. 10 B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production,open space and scenic vistas,and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ e'rosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss or wear and tear to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.08 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind,and within the same general location,subject to the review and written approval of Grantee,pursuant to applicable provisions of the Town Code. 4.09 A ricultural Prohibited Uses: While the Protected Area is used for agricultural purposes, the following shall be prohibited: A. Residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. The Protected Area shall not be utilized or maintained as Lawn. B. Excavation and Removal of Materials; mining. The excavating, regarding, scraping, or filling of the Protected Area shall be prohibited without the written consent of the Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand or other materials from the Protected Area is prohibited, nor shall the topography of the Property be changed, except in connection with usual and customary agricultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. C. Soil and Water. Any use or activity that cause or is likely to cause soil degradation or erosion or pollution of any surface or subsurface water shall be prohibited. This prohibition shall not be construed as extending to agricultural operations or practices (including without limitation, the use of agrochemical such as fertilizers, pesticides, herbicides, and fungicides) that in accordance with sound agricultural practices of the Nation Resources Conservation Service ("NRCS"). D. Drainage. The use of the Protected Area for a leaching or sewage disposal field shall be prohibited. The use of the Protected Area for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Protected Area. 11 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Grantor's Warranty: Grantor warrants and represents to the Grantee that Grantor is the owner of the Premises described in Schedule "A", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. 5.02 Taxes and Assessments: The Grantor, for itself, its successors and assigns,agrees to pay any real estate taxes and other assessments levied by competent authorities on the Premises and to relieve the Grantee from any duty or responsibility to maintain the Premises. If the Grantor, its successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Premises occurs,the Grantee,upon twenty(20)days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Premises from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Premises and to assure the continued enforceability of this Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors'or assigns'interest in said Premises. This right shall not affect the right of the Grantor, its successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes or to contest any taxes or assessments in good faith. 5.03 Annual Mowina and Maintenance Requirement: In the event Grantor seeks to leave the Protected Area open and fallow, then Grantor hereby agrees to mow and maintain the Protected Area as necessary in order that said property,-may be used for recreational activity. In the event Grantor fails to comply with the provisions,of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Protected Area to perform such mowing and maintenance. 5.04 Indemnification: Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Area or from any taxes, levies or assessments upon it or resulting from this Recreation Easement, all of which shall be considered Grantor's obligations. Grantor shall name Grantee as an additional insured entity for purposes of comprehensive;and fire insurance. Grantee shall name the Protected Area on its general liability insurance policy. In the event that Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its policy, Grantee agrees to reimburse Grantor for said additional costs. 5.05 Notice: Grantor shall notify Grantee, 'in writing, before the construction of-any permanent or temporary structures as permitted in Article Four herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. ARTICLE SIX GRANTEE'S RIGHTS 12 6.01 Access: The Grantor hereby grants all available Development Rights from the Protected Area to the Grantee. The Grantor shall retain the right of possession and use of the Premises. The Grantor shall permit public access to the Protected Area upon the public's payment of applicable fees and charges and said public access and use shall be subject to Grantor's reasonable rules and regulations. 6.02 Entry and inspection: Grantee shall have the right to enter, by authorized representatives of the Grantor, the Protected Area twice annually for a two (2) day inspection per site visit upon at least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of(i) inspecting the Protected Area to determine if the Grantor, its successors and assigns, is complying with the covenants and purposes of this grant; (ii)enforcing the terms of this Easement; (iii) taking any and all actions with respect to the Protected Area as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof; (iv) monitoring the condition of the aquifer and its relation to potable drinking water; and (vi) any other lawful purpose for which is embodied in this Recreation Easement 6.03 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Area to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Area resulting from such causes. 6.04 Enforcement Rights of Grantee: Grantee, in a reasonable manner and at reasonable times, may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the restoration of the Protected Area to the condition at the time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Area due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties. In the event that the Grantee becomes aware of an event or circumstances of non-compliance with the terms and conditions herein set forth, the Grantee shall give notice to the Grantor, its successors and assigns, as set forth herein, of such event or circumstance of non-compliance and request corrective action sufficient to abate such event or circumstance of non-compliance and restore the Protected Area to its previous condition. Failure by the Grantor to cause discontinuance, abatement or such other corrective actions as may be requested by the Grantee within ninety (901 days after receipt of such notice shall entitle Grantee, at its election, to: (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction; (ii) to enter upon the Protected Area and exercise reasonable elllorts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Protected Area affected by such breach,default or violation to the condition that existed prior thereto or on the date hereof or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof.,as Grantee deems appropriate tinder the circumstances,or(iii) to seek or enforce such other legal and/or equitable relief or remedies as 13 Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants, obligations and purpose of this Easement. 6.05 No Waiver: Grantee's exercise of any remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assessed Valuation: Grantee agrees that the assessed valuation placed upon the Premises, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Premises by reason of this Grant of Easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Premises by this Recreation Easement,as required under§247(3)of General Municipal Law,and generally in accordance with valuation principles legally applicable to such assessments of real property. 6.07 Limitations on Extinguishment. If a subsequent unexpected change in the conditions surrounding the Premises can make impossible or impractical the continued use of the Premises for conservation purposes, this Easement can only be terminated or extinguished, whether with respect to all or part of the Premises, by judicial proceedings in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Premises (or any other property received in connection with an exchange or involuntary conversion of the Premises)after such termination or extinguishment, and prior to the payment of any costs or expenses associated with such sale,Grantee shall be entitled to an amount no less than Grantee's proportionate share of the gross proceeds of such sale, as such proportionate share is determined under the provisions of Section 6.08, adjusted, if necessary, to reflect a partial termination or extinguishment of this Conservation Easement. If for any other reason Grantee is not paid Grantee's proportionate share,Grantee has the right to recover such deficiency(including the right to record a lien to secure its recovery of such deficiency) from the record owner of the Premises at the time of such sale. All such proceeds shall be deposited in a Trust and Agency Account of the Grantee,pursuant to §36 of the General Municipal Law,to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. In the event of extinguishment of this Easement in whole or in part, the provisions of Sections 6.07, 6.08, and 6.09 shall survive such extinguishment. 6.08 Percentayze Interests. Grantor and Grantee hereby confirm that the donation of this Easement gives rise to a property right immediately vested in Grantee, with a value for purposes of Sections 6.07, 6.08, and 6.09 determined as follows. The parties hereto stipulate that as of the effective date of this grant the Easement and the restricted fee interest in the Premises each represent a percentage interest in the fair market value of the Premises (Grantee's percentage interest is referred to herein as Grantee's "proportionate share"). Said percentage interests shall be determined by the ratio of the value of the Easement on the effective date of this grant to the value of the Premises, without deduction for the value of the Easement, on the effective date of this grant. The values on the effective date of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the IRC. The parties shall include the ratio of those values with the Baseline 14 Documentation (on file at Grantee's offices) and, pursuant to the Treasury Regulations requiring the determination of the value of the Easement on the effective date of this grant,the parties hereto shall amend such values, if necessary, to reflect any final determination thereof by the Internal Revenue Service or court of competent jurisdiction in any appeal of the final determination by the Internal Revenue Service. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Premises unencumbered by the Easement shall remain constant, and Grantee's proportionate share of the fair market value of the Premises thereby determinable shall remain constant. 6.09 Condemnation. If all or any part of the Premises is taken under the power of eminent domain by public, corporate, or other authority,or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full fair market value (without regard to any diminution in value attributable to the Easement)of the interests in the Premises subject to the taking and all incidental or direct damages resulting from the taking. Prior to the payment of any expenses reasonably incurred by the parties to this Easement in connection with such taking, Grantee shall be entitled to Grantee's proportionate share from the recovered proceeds in conformity with the provisions of Sections 6.07 and 6.08 (with respect to the allocation of proceeds). The respective rights of Grantor and Grantee set forth in Section 6.07, 6.08, and 6.09 shall be in addition to, and not in limitation of, any rights they may have at common law. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of the Grantee, pursuant to §36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. 6.10 Alienation: No property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest,by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold, with an affirmative two-thirds vote, as provided by Section 17 of the Code of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests, which were acquired by the Town prior to any such amendment. 6.11 Affordable Rates and Fees for Town of Southold Residents: The parties wish to provide affordable public recreation opportunities to residents of the Town of Southold who are not current members of the Island's End Golf Course. Grantor shall provide at least annually to Grantee and at least sixty (60)days prior to the effective date, a proposed schedule of rates or fees for each oi' the recreational activities provided to the public. Said schedule must be approved by the "l'own Board prior to enactment if said schedule of rates or fees include an increase which does not exceed 10% of the previous schedule amounts. Notwithstanding this required approval; if sixty(60) clays have expired, said schedule of rates or fees shall be deemed approved. The Town Board will consider proposed increases greater than 10% and will not withhold approval if Grantor provides reasonable evidence of the need for such greater increase to cover an extraordinary out-of-pocket expense or an extraordinary increase in its cost of doing business. 15 ARTICLE SEVEN LOT LINE MODIFICATION/RESUBDIVISION/SALE OF PREMISES 7.01 Sale of Premises: The parties acknowledge that the Premises along with adjacent land currently owned by William King and Mary Pacinda Turner, Executor of the Estate of Robert H. Turner, identified as SCTM parcels 1000-35-2-1 and 1000-35-2-11 comprise the public golf course. If the cessation of the golf course use necessitates a subdivision of the four plots comprising the golf course, no such subdivision shall result in more than two plots or parcels as recognized by Suffolk County. Said two parcels shall contain the Development Areas and in no circumstance may all or part of a Development Area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. 7.02 Lot Line Mod ification/Resubdivision. Notwithstanding the terms and conditions set forth in this Easement to the contrary, Grantor, its successors or assigns, together with the owners, its successors or assigns of the adjacent land currently owned by William King and Robert Turner, identified as SCTM parcels 1000-35-2-1 and 1000-35-2-11 are authorized to make such applications as are necessary to effect a lot line modification of the four parcels which are the subject of the Easements on their respective properties. Such lot line modification shall result in no more than two plots or parcels as recognized by Suffolk County. Said two parcels shall contain the development areas and in no circumstance may all or part of a development area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. ARTICLE EIGHT RIGHT OF FIRST REFUSAL 8.01 Restrictions on Transfers: Except as otherwise provided in this Easement, Grantor shall not sell, assign, transfer, pledge, hypothecate, or otherwise encumber or dispose of in any way, all or any interest in the Premises without first affording Grantee the opportunity the purchase said interest in the Premises at fair market value,,subject to Section 8.04, through proper notice. Any sale,assignment,transfer,pledge, hypothecate or other encumbrance or disposition of any interest of the Premises not made in conformance with this Article shall be null and void. Notwithstanding the foregoing, the Grantor hereby retains the right to enter into a lease of the Premises for uses consistent with the uses of the Premises authorized by this Easement. Any mortgage loan obtaiped by Grantor and secured by a mortgage upon the Premises shall not be subject to the restrictions contained herein. 8.02 Duration: Grantee shall have an option for a period of forty-five (45) days from receipt of notice from Grantor of a sale,assignment,transfer, pledge or other disposition,to elect to purchase said interest of the Premises This shall allow for sufficient time for Grantee to review the option l and to acquire an appraisal of said interest in the Premises prior to making a decision on the option. 16 If Grantee elects to exercise this option, Grantee must respond in writing within forty-five (45) days of Grantee's receipt of Grantor's notice. Said writing shall clearly and unequivocally state an acceptance of the option and be signed by either the Town Supervisor or the Land Preservation Coordinator. J 8.03 Valuation: The value of said interest of the Premises shall be determined by an independent accredited appraiser mutually agreed upon by both Grantor and Grantee. Said appraiser shall be hired at the expense of Grantee. 8.04 Notice: Grantor's notice must state clearly and unequivocally an intent to sell, assign, transfer, pledge or dispose of any interest of the Premises, along with a request for a timely determination as to whether or not Grantee will exercise the option. Notice shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope,marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with Section 8.05 of this Easement. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Town Attorney,or to such other address as Grantee may designate by notice in accordance with Section 8.05 of this Easement. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.05 Limitations to Rights of Refusal: Notwithstanding the provisions of this Conservation Easement, the Grantor may sell or otherwise assign, with or without consideration, (i) all of its interest in the Premises to an entity whose primary purpose is consistent with the uses permitted hereunder provided that the reason for such sale or assignment is to take advantage of beneficial tax treatment resulting from a new form of ownership, and/or (ii) all or part of its interest in the Premises to the owners of the adjacent parcels currently identified as SCTM#1000-35-2-1 and #1000-35-2-11, provided that each such transferee or assignee, prior to the completion of the sale, transfer, or assignment shall have executed documents assuming the obligations of the Grantor under this Conservation Easement with respect to the Right of First Refusal. For purpose of this Section 8.05,"Grantor"shall mean and include the members of Grantor or the beneficiaries of any trust that is a member of the Grantor. This section shall not apply to any changes in memberships or shareholder interests in this Grantor. ARTICLE NINE MISCELLANEOUS 9.01 Entire Understanding: This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 17 9.02 Subsequent Deeds: Grantor agrees that the terms, conditions, restrictions and purposes of this Easerhent-shall be inserted by reference in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title or its possessory interest in the Premises. 9.03. Limitations on Amendment A. Grantor and Grantee recognize that natural conditions, landscapes, and technologies change over time (including best practices of open space stewardship techniques), and, in an abundance of caution, have determined, in good faith, to articulate herein the limited parameters of any permissible amendment hereto. The intent of Grantor and Grantee is that(except in a case involving solely the correction of a drafting mistake, or mapping error, or in a situation involving solely adding additional property to the existing encumbered property)any such amendment would be executed only in rare instances and unusual circumstances not envisioned by either party at the time of this grant, consistent with and true to the perpetual protection of the conservation values of the Protected Area and the Conservation Values, and consistent with the goals and provisions of New York Environmental Conservation. Law, Section 49-0301, of seq. (hereinafter, the "NYECL"), and the goals and provisions of Section 170(h) of the Code. Further, it may be necessary at some point to amend this Easement in response to changes over time specifically to ensure the perpetual protection of the Conservation Values. This Section 9.03 is accordingly carefully limited so as to ensure that the Conservation Values are protected in perpetuity. Nothing in this Section 9.03 shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. B. This Easement shall be amended only upon the written agreement of Grantee and Grantor, at Grantee's sole and absolute discretion;and following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote, but only if such amendment: (a) does not constitute private inurement or give rise to an impermissible private benefit under Section 501(c)(3)and other applicable provisions of the Code or the NYECL,based on an appraisal of the economic impact of the proposed amendment by an appraiser selected by Grantee; (b) has a neutral or positive effect on the Conservation Values, based on an evaluation of the effect of the proposed amendment on the conservation values by an independent qualified person selected by Grantee; (c) is consistent,with the purpose of this Easement and the perpetual protection of the Conservation Values; (d) does not affect the perpetual nature of this Easement; and (e) complies with the NYECL and Section 170(h) of the Code. Further, no amendment shall be permitted that (i) does not comply with the provisions of this Section 9.03, (ii) would involve the removal of any of the Protected Area from the Easement, or (iii) would alter or remove the restrictions on assignment of this Easement under the provisions of Section 8.0 1. or the provisions on extinguishment, percentage interests, or condemnation under Section 6.09. In the case of any amendment, all of these requirements and restrictions in this Section 9.03 must be satisfied. C. In the event Grantor and Grantee agree to an amendment pursuant to the provisions of this Section 9.03, an addendum to the Baseline Documentation Report shall be prepared and shall be acknowledged by Grantor and Grantee as memorializing the condition of the Protected Area as of the date the amendment is delivered for recording to the Office of the Clerk of the County of Suffolk, State of.New York. Notwithstanding the foregoing, an addendum to the Baseline Documentation Report shall not be required,for any amendment that involves solely the correction of a drafting mistake or mapping error. 18 D. If Grantor is the party requesting an amendment of this Easement, Grantor shall be responsible for all reasonable and customary costs related to Grantee's evaluation of said request and the amendment's execution and, if applicable, any agency or judicial proceeding referred to in Section 6.07, including reasonable attorney's fees and staff, contractor, legal, and consultant costs incurred by Grantee, and any costs associated with the preparation of the updated Baseline Documentation Report prepared pursuant to the provisions of Section 9.03(C). E. A proposed amendment that is agreed to by Grantor and Grantee but nevertheless exceeds the scope of the limited discretion granted under this Section 9.03 is not permitted except by a final non-appealable judgment of a court having jurisdiction in a proceeding to which the Attorney General of the State of New York was given written notice and an opportunity to participate to represent the public interest in ensuring the continued perpetual protection of the Conservation Values. 9.04 Severability Any provision of this Easement which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement, which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 9.05 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery, by overnight courier service or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested in the case of mailed notice or marked for delivery on the next business day, with charges prepaid or provided for by the sender in the case of overnight courier notice. Mailed notice or overnight courier to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 9.05. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator, or to such other address as Grantee may designate by notice in accordance with this Section 9.05. Notice shall be deemed given'and received as of the date of its manual delivery or the third day after the date of its mailing or the date of actual delivery by overnight courier service. 9.06 Governing, aw: New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Casement in all respects, including validity, construction, interpretation, breach, violation and performance. 9.07 Interpretation: Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render the provision invalid, then that provision shall be given such interpretation as would render it consistent with the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breach of the restrictions on use of the Premises shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to 19 effect the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Premises, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 9.08 Warranties: The warranties and representations made by the parties in this Easement shall survive its execution. 9.09 Effective Date and Recording: Grantor and Grantee intend that the restrictions arising hereunder are effective on the day and year this DEED OF CONSERVATION EASEMENT is delivered for recording to the land records of the Office of the Clerk of Suffolk County,New York, after all required signatures have been affixed hereto. This Easement shall be timely recorded. Grantee may re-record this instrument or record any other instrument at any time as may be required to preserve its rights in this Easement. 9.10 Headings: The hearings, title and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. 9.11 Consent: Any time the prior written approval or consent of the Grantee is required hereunder, such approval or consent shall not be unreasonably withheld, conditioned,or delayed. 9.12 Successors and Assigns: The covenants, terms,conditions,restrictions,benefits,and burdens of dii s Easement shall be binding upon the parties hereto and their respective successors,personal representatives,heirs,and assigns and shall continue as a restriction running in perpetuity with the Premises. An owner of the Premises shall only be responsible for those violations first occurring on the Premises during such owner's ownership,and while still an owner of the Premises(although notwithstanding the foregoing, a subsequent owner may also be held responsible for those violations first occurring during another's prior ownership of the Premises unless an estoppel or compliance certificate was obtained by such subsequent owner prior to or at the time of the transfer of the ownership of the Premises to such subsequent owner). In the event of a breach of the terms hereof by the owner or owners of any divided portion of the Premises,no owner or owners of any other portion of the Premises shall be liable for such breach. Any of the rights herein reserved to Grantor may be exercised by any owner or owners from time to time of any lot within the Premises. 9.13 Compliance Certificates: Upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to Grantor any document that may be requested by Grantor, including an estoppel certificate or compliance certificate, to certify to the best of Grantee's knowledge Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise to evidence the status of this Easement. 9.14 Representation of Authority: Each signatory to this Easement represents and warrants that he or she is duly authorized to enter into and execute the terms and conditions of this Easement and to legally bind the party he or she represents. 9.15 No Goods of Services: Pursuant to the requirements of Section 170(f)(8)of the Code;Grantor and Grantee acknowledge that no goods or services or other consideration have been provided by 20 Grantee to Grantor as consideration for this Easement, and Grantee will provide Grantor with a separate letter so stating. 9.16 Counterparts: The Parties may execute this instrument in two (2) or more counterparts, which shall in the aggregate, be signed by both Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. [the remainder of this page intentionally left blank] 10 21 r� IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Easement on the day and year set forth above. This Easement has been duly executed by the parties hereto. GRANTOR: ISLAND'S END GOLF AND COUNTY CLUB, INC. By: Name: CCL-k1ne<-jne. Chttv��n.l�► Title: ,Attorney for Grantee: Toni J. Hoverkamp,Esq. 224 Grifftng Avenue Riverhead,NY 11901 Tel: 631-740-9700 Fax: 631-504-0697 GRANTEE: TOWN OF SOUTHOLD By: SCOTT RUSSELL,SUPERVISOR Attorney for Grantor: Mary C. Wilson, Esq. Address: 933 Mill Creek Drive Palm Beach Gardens, FL 33410 Tel.: 631-902-6550 Fax: 631-728-1920 22 State of New York ) County of Suffolk ) ss: n, On the �of Steer 2020, before me, the undersigned, personally appeared CoA4,e(, ,QCAnao&\,,J r; , personally known to me or approved 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. Lynn P.Lombardo JK NOTARY PUBLIC,STATE OF NEW YORKF��. Registration No.0ILO6265473 } nn ,L Zy \�A4�� Qualiried in Suffolk County State of New York ) Commission Expires July yam; County of Suffolk ) ss: , W"'20 On the '4 of Seple;nber 2$-?0, before me, the undersigned, personally appeared 6 l'i>��- 1�-uS s eu , personally known to me or approved 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. LAUREN M.STANDISH *Mry Publi"tate of New Yolk No.O1ST6164008 Qualified in Suffolk CouritY e mraission Expires April 8,2025 ,3 A AS TO LOT 017.001 CLUB sCTrt• 111000-35.-2-17. 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, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) at the Southeasterly comer of land now or i formerly of 4545 Main Road Enterprises Inc. and the Southwesterly corner of land about to be described; RUNNING THENCE North 32 degrees 07 minutes 30 seconds West,along the land now or formerly of 4545 Main Road Enterprises Inc.246.86 feet; THENCE South 66 degrees 07 minutes 40 seconds West, still along the land now or formerly of 4545 Main Road Enterprises Inc. and the land now or formerly of David Gillespie, 181.18 feet to the land now or formerly of Graig B. Stein; THENCE North 31 degrees 58 minutes 30 seconds West, along the land now or formerly of Stein,56.79 feet; THENCE South 66 degrees 01 minutes 20 seconds West, still along the land now or formerly of Stein and land now or formerly of Belmar Properties LLC,440.31 feet to land now or formerly of Floyd F. King,Jr. Grantor , Retained Annuity Trust; THENCE along the land now or formerly of said last mentioned trust the following eight(8)courses and distances: 1. North 32 degrees 42 minutes 50 seconds West,440.98 feet; 3 2.North 63 degrees 53 minutes 50 seconds East, 41'7.20 feet; ' 3.North 35 degrees 39 minutes 20 seconds West, 385.86 feet; 4.North 63 degrees 53 minutes 50 seconds East,259.70 feet; 5. North 35 degrees 39 minutes 20 seconds West, 1;015,92 feet; 6. North 53 degrees 03 minutes 40 seconds East,257.53 feet; 7. South 35 degrees 33 minutes 00 seconds East, 1,513.42 feet; 8. South 36 degrees 01 minutes 35 seconds East,728.56 feet to the Northerly side of Main Road; 9. South 66 degrees 26 minutes 50 seconds West, along the Northerly side of Main Road, 368.01 feet to the point or place of BEGINNING. SCHEDULE A CLUB SCTM X11000-35.-2-12 AS TO LOT 012.000 "REVISED DESCRIPTION'"* ALL that certain plot, piece or parcel of land,situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust, 193.16 feet Northerly along said boundary line from the Northerly line of the Main Road, said point of beginning being the Northwesterly corner of land of Hellenic Land LLC and the Southwesterly corner of the premises hereinafter described, from said point of beginning; RUNNING THENCE along said land now or formerly of Floyd F. King,Jr. Grantor Retained ' Annuity Trust the following two courses and distances: 1.North 36 degrees 08 minutes 40 seconds West,912.22 feet to a point; 2.North 51 degrees 3.7 minutes 20 seconds East,468:38 feet to land of the Suffolk County Water Authority; THENCE along said land of the Suffolk County Water Authority, two courses: 1. South 33 degrees 56 minutes 40 seconds East 318.07 feet; , 2. South 31 degrees 49 minutes 30 seconds East, 660.74 feet; THENCE along said land of the Suffolk County Water Authority and along said land of Hellenic Land LLC, South 60 degrees 21 minutes 00 seconds West,408.67 feet to the point of BEGINNING. SCHEDULE A FF ' gg �40 cK S NX / :i r. pxarRusr AWN TRW \ scrw#000-35-02-m sCTM00015-a2 fi MTIUAM4 i0 MM AGFA ZM.694 S0.A. f.K430 f0.F. U46AM 3L39 AOPif' �- �i1^• 11p1Y A CLOF e y J�1 1 a o 417,OflSO.tT. sr r a an / roto I" ✓ 6 IV ease G � '• 1S � IY/IW OlM hrtr Odle s I' X17 • ""� �• \ • d N*r.Y 16 l.—r rw.,• ` s �� �� �R I ! 9urv�y Roprty Egg MeAm {� � / • � io.n If SIY11wW h.1111 2+100-A%-.I 1 11.1YII 11.7011 SI°• -.100• OKM WAI40 11ul°1 uui yA�Q'ie.� � - •U'q 196 fO.f1 :57� �_ .. CS7f Al$f •r..� For Legibility Purposes, ,see description labeled "SCHEDULE A" SCHEDULE B Club Protected Area: "REVISED DESCRIPTION" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion,'Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ; BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust,444.59 feet Northerly along said boundary line from the Northerly line of the Main Road; RUNNING THENCE along said land now or formerly of Floyd F. King,Jr. Grantor Retained Annuity Trust, two courses: 1.North 36 degrees 08 minutes 40 seconds West, 660.79 feet to a point; '• 2.THENCE North 51 degrees 37 minutes 20 seconds East, 468.38 feet to land of the Suffolk County Water Authority; s THENCE along said land of the Suffolk County Water Authority, two courses: 1. South 33 degrees 56 minutes 40 seconds East 318.07 feet; 2.THENCE South 31 degrees 49 minutes 30 seconds East,410.74 feet; THENCE South 60 degrees 21 minutes 00 seconds West,427.62 feet to the point of BEGINNING. s SCHEDULE B Club Protected Area: AS TO LOT 017.001 (minus the parking easement area) "*NEW DESCRIPTION" 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, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of property owned by 4545 Main Road Enterprises Inc. said point being North 32 degrees 07 minutes 30 seconds West 209.68 feet from11 a point on the Northerly side of Main Road (S.R. 25)at the Southeasterly corner of land now or formerly of said 4545 Main Road Enterprises Inc.; ' 1 RUNNING THENCE North 32 degrees 07 minutes 30 seconds West,along the land now or i formerly of 4545 Main Road Enterprises Inc. 37.18 feet; THENCE South 66 degrees 07 minutes 40 seconds West, still along the land now or formerly of 4545 Main Road Enterprises Inc. and the land now or formerly of David Gillespie, 181.18 feet to the land now or formerly of Graig B. Stein; THENCE North 31 degrees 58 minutes 30 seconds West, along the land now or formerly of Stein, 56.79 feet; THENCE South 66 degrees 01 minutes 20 seconds West,still along the land now or formerly of Stein and land now or formerly of Belmor Properties LLC,440.31 feet to land now or formerly of Floyd F. King,Jr. Grantor Retained Annuity Trust; i THENCE along the land now or formerly of said last mentioned trust the following eight(8) courses and distances: i 1.North 32 degrees 42 minutes 50 seconds West, 440.98 feet; 2.North 63 degrees 53 minutes 50 seconds East; 417.20 feet; 3.North 35 degrees 39 minutes 20 seconds West,385.86 feet; 4.North 63 degrees 53 minutes 50 seconds East, 259.70 feet; 5.North 35 degrees 39 minutes 20 seconds West: 1,015.92 feet, 6.North 53 degrees 03 minutes 40 seconds East, 257.53 feet; 7. South 35 degrees 33 minutes 00 seconds East, 1;513.42 feet; 8. South 36 degrees 01 minutes 35 seconds East, 728.56 feet to the Northerly side of Main Road; THENCE, along the Northerly side of Main Road; South 66 degrees 26 minutes 50 seconds West 277.98 feet: THENCE, North 32 degrees 07 minutes 30 seconds West 210.19 feet to a found re-bar and cap; THENCE. South 66 degrees 07 minutes 40 seconds West 89.95 feet to the point or place of' BEGINNING. Club Development Arca: ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Easterly boundary line of land now or formerly of Floyd F. King,Jr. Grantor Retained Annuity Trust, 193.16 feet Northerly along said boundary line from the Northerly line of the Main ; Road, said point of beginning being the Northwesterly corner of land of Hellenic Land LLC and the Southwesterly corner of the premises hereinafter described, from said point of beginning; RUNNING THENCE along said land now or formerly of FIoyd F. King, Jr. Grantor Retained Annuity Trust. North 36 degrees 08 minutes 40 seconds West,251.43 feet to a point; s THENCE North 60 degrees 21 minutes 00 seconds East 427.62 feet; ' THENCE South 31 degrees 49 minutes 30 seconds East,250.00 feet; THENCE along land of the Suffolk County Water Authority and along said land of Hellenic Land LLC, South 60 degrees 21 minutes 00 seconds West,408.67 feet to the point of BEGINNING. a•. Parking Easement Area:, Liber D00012862, Page 761, recorded 5/2/2016 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,bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25) at the Southeasterly comer of land now or formerly of 4545 Main Road Enterprises Inc. and the Southwesterly corner of land about to be described; RUNNING THENCE North 32 degrees 07 minutes 30 seconds West,along the land now or formerly of 4545 Main Road Enterprises Inc. 209.68 feet; THENCE North 66 degrees 07 minutes 40 seconds East 89.95 feet; THENCE, South 32 degrees 07 minutes 30 seconds East 210.19 feet to the Northerly side of Main Road; THENCE,along the Northerly side of Main Road, South 66 degrees 26 minutes 50 seconds West 90.03 feet to i the point and place of BEGINNING. S i —V/ . l z . i l EXHIBIT A A/1 Pw9MV r' asrunsr \ AM r$USr � WA(ARSA ✓ ICTAIAR61 3,NO,dPI SOJr. l,J67,430SOM 62.46 AM �•'\ 31.39ACM00 M �• 14+ww CIO =MAHo00'35-0242 TOM AUA s 4gmso.R. y — r V.VAW •/ C. . \ • ceua � •6" I /' � .s . • TOW AREA 2129 AA ��Re rir•t/.far�m•r�'/'.L•.w.:s ` �/'R+ �•�t�:^r•� ♦�\ • •• 3}M' a,•awns„u,rr y,tr.aa err � fj1� ' YS. i .i E•R Muton I,+nof SoWh,W "0% ST.w 1100-1.N•r York I••foo' w ON=MtA1 ARM cw 1K xa s For Legibility Purposes see descriptions labeled "Schedule B, C & D" Fidelity National Title VIII Insurance Services LLC 24 Commerce Drive Invoice Riverhead, NY 11901 (631)727-0600 Date 2-16-21 (631)727-0606 7404-004491 Invoice# Application Date Report Date 7404-004491 DESCRIPTION TOTAL Correction easement— recording fees 610.00 Turner/King (Island's End Golf) SUBTOTAL 610.00 TOTAL DUE 610.00 THANK YOU! CC# : C21-12604 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 05/14/2021 under Liber D00013104 and Page 444 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/28/2021 SUFFOLK COUNTY CLERK �u.aLrz-.L Q. �a..acct2c_� (/ JUDITH A.PASCALE SEAL 1111111111f111111i1ii1111111111111111111111111111111111 .-r. Iilllll11111III((I(I(III( ' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/14/2021 Number of Pages: 33 At: 12 :25 :03 PM Receipt Number : 21-0094767 TRANSFER TAX NUMBER: 20-32277 LIBER: D000131044 PAGE: 444 District: Section: Block: Lot: 1000 035. 00 02 .00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt ,. Exempt Page/Filing $165.00 NO Handling $20.00 ,'::� NO COE $5.00 NO NYS SRCHG $15.00 NO •r•.. TP-584 $5 .00 NO Notation $0 .50 NO Cert.Copies $0.00 NO RPT $400 .00 1 ' - NO ' Transfer tax $0.00 NO Comm.Pres $0 .00 . NO Fees Paid $610 .50 TRANSFER TAX NUMBER: 20-32277 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County "1' a F 2 ' RECORDED 2021 Ihlau 14 12:25:03 PM JUDITH A. PASCALE Numbar of pages 33 CLERK OF SUFFOLK COUNTY L D00013104 This document will be public P 444 record.Please remove all DT# 20-32277 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.BaslcTax Handling 20. 00 2. Additional Tax TP-584 65 Sub Total t► Spec./Assit. Notation 4`YSO or EA-5217(County) Sub Total Spec./Add. EA-5217( TOT.MTG.TAX 11 J Dual Town Dual County R.P.T.S.A. kbLC� '�, Held for Appolntmen1 Comm.of Ed. S. 00 Transfer Tax ManslonTax Affidavit _ The property covered by this mortgage Is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total Q if N0,see appropriate tax clause on page# ' ofthls Instrume t. 4 Dlst./000' 4426142 5 Community Preservation F d �J� Real Property p T S Il�l�llI1III�III��IIIuIluI1WIIWIUI Amount$ Tax Service R POL A l W u �J W U CPFTax Due Agency Verlflcatlon 15-MAR-2 - Improved. 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD-&RETURN TO: Vacant Land 1� 7OU+N o4 Jou-r;L./v2 TD 10 LAP A-76 erv4-r;o,v�aqo T. TO P-O. lZ. ok 1/77 TO A sac...\-.o('D , NLf !14'71 , TSN: Nim let--s Mall to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title#' _"'��0 iM 8 Suffolk County Recording & Endorseml nt Page This page forms part of the attached arr9c7j0..J -e94LoAvSQrt ajrfo.V jC5i_re ,=_ made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in cvC6.1 r SUFFOLK COUNTY,NEW YORK. TO In the TOWN of '5n� Qlrg �owN aX _Spt-5a6,d4 In the VILLAGE or HAMLET of ��'eQi"IJDrT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. To ver IMPORTANT NOTICE If the document you've Just recorded Is your SATISFACTION OF MORTGAGE,please be aware of the following: If a portion of your monthly mortgage payment Included your property taxes,'you will now need to contact your local Town T ax Receiver so that you maybe billed directly for all future propertytax statements. Local property taxes are payable twice a year: on or before January 10d, and on or before May 31,x, Failure to make payments In a timely fashion could result Ina penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingvllle,N.Y.11738 Shelter Island,N,Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Maln Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street '' 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y, 11968 (631)351=3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y.,11751 Southold,N.Y, 11971 (631)224-5580 (631)765-1803 Sincerely,_, Judith A.Pascale Suffolk County Clerk dw 2/99 ,� - 124104.do$kd pT S R POL A Stat ID: 4428142 15-MAR-21 Tax Maps District Secton Block Lot School District 1000 03500 0200 001000 GREENPORT 1000 03500 0200 011000 GREENPORT CORRECTION DEED OF CONSERVATION EASEMENT Between WILLIAM KING and ROBERT TURNER And THE TOWN OF SOUTHOLD THIS CORRECTION DEEB made on this day of �e SepternZ02/, ,,of A DEED OF CONSERVATION EASEMENT made on the 6"' day of December 2019 by and between WILLIAM KING and MARY PACINDA TURNER, as Executrix of the Last Will and Testament of ROBERT TURNER, late of Suffolk County, deceased located at 3365 and 5025 Rte. 25 Greenport, New York, hereinafter referred to as "Grantor", and TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, Southold, NY 11971, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located at 3365 and 5025 Route 25, Town of Southold, County of Suffolk 1000, Section 35, Block 2, Lot 1 and Lot I 1 hereinafter referred to collectively as "Premises" consisting of approximately 93.85 acres and more particularly bounded and described in corrected Schedule "A", attached hereto and incorporated herein by reference; and / WHEREAS, the Premises shall be governed by the terms of this Conservation Easement; L and �ko 1��`� WHEREAS; as to Lot 11.000, the Schedule A attached to the original Deed inadve�'tently contained a measurement of 518.52 feet which should read 493.45 feet and is therefore corrected in the Schedule A attached hereto as well as depicted in the corrected survey map part of they l� corrected Schedule A and also attached hereto; and WHEREAS, as to Lot 11.000, Schedule B depicting the "Protected Area" attached to the original Deed inadvertently contained a measurement of 518.52 feet which should read 493.45 feet and is therefore corrected in the Schedule B attached hereto; WHEREAS this measurement correction to 493.45 feet is depicted in the corrected survey map attached hereto as Exhibit A; and WHEREAS; Grantor has identified and designate two areas on the Premises which is the subject of this Easement, more fully described and defined herein as the "Protected Area" and the "Development Area" respectively; and WHEREAS, Grantor wishes to grant and transfer to Grantee, in perpetuity, pursuant to the provisions of Section 170(h) of the Internal Revenue Code of 1986; as amended, and the regulations thereunder (tile "Code") and Article 49, "title 3, of the Environmental Conservation 1 Law of the State of New York (the "Conservation Law"), certain development rights on a portion of the Premises, approximately 86.50 acres herein referred to collectively as the "Protected Area" more particularly bounded and described in "Schedule B" attached hereto and incorporated herein by reference (the "Protected Area"), due to its open, scenic, and recreational value and significance; and WHEREAS, Grantor wishes to retain certain development rights on what is referred to as "Development Areas" on the Premises consisting of approximately 7.35 acres and more particularly bounded and described in "Schedule C"; and WHEREAS, the Premises has significant open, natural, scenic, and recreational values (the "Conservation Values") of great importance to Grantor, to Grantee, to the people of the Town of Southold, to the people of the County of Suffolk, and to the State of New York; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to promote conservation of land for recreational opportunities; and WHEREAS, Grantee has the commitment and resources to enforce, and will enforce, the provisions of this Easement; and WHEREAS, accordingly, Grantee is a "qualified organization" under Section 170(h)(3) of the Code; and WHEREAS, New York State has recognized the importance of efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of the Environmental Conservation Law, Section 49-0301 of seq; and WHEREAS, protection of the Premises will accomplish a number of the factors determining '`signiflcant public benefit" underTreas. Reg. Section 1.170A-14(d)(4)(iv); and WHEREAS, perpetual protection of the Conservation Values; including conservation of the Premises in perpetuity for public outdoor recreational purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS. Grantor and Grantee recognize the public recreational value and character of the Premises and have the common purpose of conserving the Conservation Values of the Premises by the conveyance to the Grantee of this Easement oil; over and across the Premises which conservation and protection will not only conserve the use ofthe Premises for recreational purposes; but will also provide affordable recreational opportunities for the residents of the Town ol'Southold and others in the area and prohibit the development of the Premises for any other purpose but recreational use, except as provided in this Easement, in perpetuity; and WHEREAS, Grantor and Grantee acknowledge that the Premises, together with the adjacent two parcels currently identified as SCTM#1000-35-2-12 and '91000-35-2-17.1, as further illustrated on Exhibit A_, attached hereto and incorporated herein by this reference, comprise the operating golf course and that the owners of such adjacent parcels are entering into a similar easement with the Grantee concurrent with this Easement, recorded simultaneously herewith in the land records of the Clerk of the County of Suffolk, State of New York, in order to preserve the existing golf course use pursuant to clearly delineated government conservation policy, for the scenic enjoyment of the general public, for public outdoor recreation; and WHEREAS, protection of the Premises througli this Easement•will provide substantial and regular public outdoor recreational opportunities for the general public, and accordingly this Easement meets the requirements of Section 170(h)(4)(A)(i)of the Code; and WHEREAS, this Deed of Conservation Easement permits Grantor, with the approval of Grantee and at the discretion of Grantee, to cease the recreation use and commence an agricultural use of the Protected Area and the Development Area; and WHEREAS, should Grantor elect to convert the use of the Protected Area from recreational to agricultural use, the provisions of Sections 4.6,4.7, 4.8 and 4.9 are rights granted herein to Grantor for use of the Protected Area for agricultural purposes, and in all other respects the rights, restrictions, and limitations in this Deed of Conservation Easement shall be in effect in their entirety; and WHEREAS,the Premises is located in the R-80 Zoning District of the Town of Southold; and WHEREAS,the Premises contains soils classified as Prime Farmland and Farniland of Statewide Importance worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Services Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law("Town Law") to protect environmentally sensitive areas; preserve prime agricultural soils, to protect the scenic, open space character of the'town and to protect the Town's resort and agricultural economy; and WHE-REAS, the Protected Area in its scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS the funds to preserve these premises were obtained through the Peconic Bay Region Preservation Act which was signed into law by Governor Georoe Pataki on June 22, 1998 and subsequently updated and approved by public referendum by the residents of Southold Town in 2003, and most recently in July 2016; and 1 WHEREAS the premises are specifically identified in the Community Preservation Plan as eligible parcels; and WHEREAS the existing legislation and purpose of the Community Preservation Fund specifically states that the preservation of the community character will contain one or more of the following: Establishment of parks, nature preserves, recreational areas, and the preservation of open space, among other conservation values; and WHEREAS, protection of the Premises will accomplish a number of the factors determining"significant public benefit"under Treas. Reg. Section 1.170A-14(d)(4)(iv); and WHEREAS, accordingly, protection of the Premises is for the scenic enjoyment of the general public and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(A)(iii)(I)of the Code;and WHEREAS, accordingly, protection of the Premises is pursuant to clearly delineated federal, state, and local governmental conservation policies and will yield a significant public benefit, and therefore this Easement meets the requirements of Section 170(h)(4)(a)(iii)(II) of the Code; and WHEREAS, perpetual protection of the Conservation Values, including conservation of the Premises in perpetuity for public outdoor recreational or other open space purposes, will yield a significant public benefit by promoting recreational enjoyment and opportunities for residents of Southold and for others; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Premises is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Premises as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS. the Conservation Values are further documented in the Baseline Documentation Report (the "Baseline Documentation"), a copy of which is on file at the offices of Grantor and Grantee, and Grantor and Grantee have therein acknowledged and hereby acknowledge said Baseline Documentation memorializes the condition of the Premises as of the effective date of this grant; and WHEREAS, Grantor intends, as owner of the Premises, hereby to convey to Grantee the right to preserve and protect the Conservation Values in perpetuity and represents that the Premises is free and clear of all encumbrances except for rights-of-way; easements; and reservations of record as of the effective date of this grant; and WHEREAS. Grantor warrants and represents that Grantor has the authority to enter into this Easement and that Grantor freely and voluntarily conveys this Easement to Grantee; and 4 WHEREAS, Grantor has agreed to accept consideration for this Easement which consideration is significantly below the fair market value of the Easement, as determined by a qualified appraisal, and both Grantor and Grantee acknowledge that the granting of this Easement constitutes a "bargain sale" Grantee pursuant to the provisions of Section 101 l(b)of the Code; and WHEREAS, Grantor and Grantee recognize the open space and scenic vista value of the Premises and have the common purpose of maintaining said open space and scenic vista to the maximum extent possible, limiting the area of structures and improvements supporting and accessory to, the principal recreation use of a golf course in and on the Premises and reserving , potential development areas as shown as the "development area" in the survey map identified as Schedule "C", annexed hereto and made a part hereof; WHEREAS, Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose; NOW, THEREFORE, that WILLIAM KING, and MARY PACINDA TURNER, by virtue of the power and authority given in and by said last will and testament, and in consideration of$3,881,256.75 dollars paid, by the Grantee, in consideration of the Grantor's receipt of Grantee's public funding provided by the Southold Community Preservation Fund, and other good and valuable consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Conservation Easement, in gross, together with the Right of First Refusal on the Premises, which shall be binding upon and shall restrict the Premises, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Easement, the rights and interests in connection therewith and as hereinafter set forth, with respect to the Premises, unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns; the exclusive right of occupancy and of use of said Premises, subject to the limitations, conditions, covenants, agreements; provisions and use restrictions hereinafter set forth; which shall constitute and shall be servitudes in perpetuity upon and with respect to said Premises. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: ARTICLE ONE THE EASEMENT 1.01 Purpose: It is the purpose of this Easement to ensure that the Protected Area will be retained predominantly in its open and scenic condition in perpetuity for conservation purposes and to'prevent any use of the Protected Area that will significantly impair or interfere With the Conservation Values. If for any reason the Protected Area is no longer used as a golf course open to the public for a fec, the Protected Area may be used, at the discretion of Grantee, in 5 perpetuity, either(a) for public outdoor recreation, pursuant to the provisions set forth in Section 4.06 or(b) for agriculture purposes, as further described in Sections 4.06, 4.07, 4.08 and 4.09. 1.02 Type: This Deed of Development Rights conveys a Conservation Easement in perpetuity, pursuant to Section 170(h) of the Code and the Conservation Law. Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use restrictions recited in this Indenture. Reference to this Easement or its "provisions" in this Deed shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. 1.03 Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and same shall benefit the Grantee its successors and assigns, and that the burdens of said Recreation Easement are perpetual and shall run with the land. 1.04 Effect: The covenants, limitations, conditions, covenants, agreements, provisions and use restrictions of this Easement shall run with the, Premises and shall protect the Conservation Values of the Premises, in perpetuity as an incorporeal interest in the Premises, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantors agents; tenants, representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS 2.01 Development Rights - shall mean the permanent legal interest and right to prohibit or restrict the use of the Premises for uses other than those open space, recreational uses, or agricultural uses set forth herein. 2.02 Structure — anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways, parking areas or walkways. 2.03 Lawn — shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not considered lawn. 2.04 Riding Academy— shall mean a business use of a parcel for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction; or the holding of horse show or other equine events. 6 1 ARTICLE THREE PROHIBITED ACTS Unless otherwise permitted under Article Four hereof, from and after the effective date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Premises: 3.01 Dumping: There shall be no dumping of ashes, trash, garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground storage tanks in, on or under the Premises; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Premises which could cause erosion or siltation on the Protected Area without prior written approval from Grantee_ 3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all- terrain vehicles or other motorized recreational.vehicles, except as usual and customary for the use and enjoyment, maintenance, and operation of the Protected Area as permitted in this Easement. 3.03 Buildings and Structures: Tile construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or under the Protected Area shall be prohibited, except as provided under Section 4.04 and 4.08 herein, for permitted recreation uses. Other structures and improvements, not now present on the Protected Area and so identified in the Baseline Documentation, including, but not limited to driveways, trails, fences and drainage structures as permitted in Section 4.04 and 4.08 hereof shall not be erected on, over, or tinder the Protected Area without the prior written consent of the Grantee as may be required by the Code of the Town of Southold, which may be granted if the structure or improvement is supportive of and subordinate to the protection of the Conservation Values, and does not defeat or derogate from the purpose of this Easement or other applicable law. 3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Area shall be prohibited. There shall be no vegetative or tree clearing, •except as is necessary for recreation uses permitted by this Easement. Nothing herein shall preclude Grantor from performing those activities that are usual and customary to golf course/driving range Construction and/or maintenance, or other presently existing or permitted uses on the Protected Area or for purposes of erosion control and soil conservation, or any excavation or filling necessary for tile erection of permitted structures pursuant to Sections 4.04 and 4.08 herein. 3.05 Subdivision/Partial Lease: No subdivision or partitioning of tile Premises shall be Permitted. Tile lease of any portion of' the Protected Area for any purpose other than for uses consistent with current recreational use shall not be permitted. Notwithstanding the foregoin4g, Section 7.01 shall apply in the case of the sale of the Premises and Section 7.02 in tile event of a Lot Line Modification/Resubdivision. 7 li 3.06 Signs: The display of signs, billboards, or advertisements on the Protected Area shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Area and only for the following purposes: a) to state the name of the Protected Area and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Protected Area for, c) temporarily to advertise the Protected Area or any portion thereof for sale or rent (subject to and in accordance with applicable provisions of the Code of the Town of Southold), d) to post the Protected Area to control unauthorized entry or use, and e) to announce the Grantee's easement. Grantee acknowledges that currently existing and approved signage, billboards and advertisements on the Protected Area, as identified in the Baseline Documentation, do not adversely impact the Conservation Values. 3.07 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles; wires, pipes, wells or drainage and septic systems on the Protected Area shall be prohibited. except as reasonable and necessary to support the permitted structures on the Protected Area. 3.08 Amplified Sound: The use of amplifiers or other similar devices for sound shall be permitted only to the extent noise levels do not exceed those allowed under applicable laws, ordinances, rifle and regulations. 3.09 Prohibited Uses: The use of the Protected Area for any permanent or temporary, residential, commercial or industrial use shall be' prohibited except for those uses presently existing (and so identified in the Baseline Documentation) or permitted in this Easement. Nothing shall preclude the use of the Protected Area for recreation uses as permitted by this Easement or the conversion to agricultural uses as permitted in sections 4.06 through 4.08 herein. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership: Subject to the limitations in this Easement.. Grantor shall retain all other customary rights of ownership in the Premises, including but not limited to those particularly described in this Article herein. 4.02 Possession: Grantor shall continue to have the right to exclusive use and possession of the Premises 4.03 Use: Grantor shall have the right to use the Premises for public recreation uses and in any manner and for any purpose consistent with and not prohibited by this Basement, as well as applicable laws of the Town of Southold, County of Suffolk. State of NeNv York and federal government, and which would be consistent with the perpetual protection of the Conservation Values and would not defeat or derogate from the purpose of this Recreation Easement. 4.04 Structures and Improvements for Recreational Purposes x A. Allowable Improvements on the Protected Area: Grantor shall have the right to maintain, remodel, and expand as described below existing structures and improvements on the Protected Area, as identified in the Baseline Documentation, and such other structures and improvements, except any additional golf club houses, that are subordinate to and supportive of the recreation uses permitted by this Easement, provided, in the case of such other accessory structures and improvements, Grantor has received the prior written consent of the Grantee as same may be required by the Code of the Town of Southold, which shall be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement and other applicable laws, including but not limited to all dimensional requirements, set back requirements and parking requirements of the Code of the Town of Southold. Structures and improvements are limited to: (i) Golf club house, golf maintenance and storage structures; (ii) Golf cart paths, access drives to provide access to the improvements permitted herein, parking areas, a foot trail for non-motorized vehicles for foot traffic only for the sole use of the future owners, customers, tenants, occupants, assigns and possessors of Protected Area; and (iii) Golf safety nets, golf targets, fences and temporary signs used in conjunction with customary golf course use such as tournaments or outings; and (iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from [lie improvements permitted hereunder; and (v) Outdoor lighting necessary and incidental to the recreation use. Such lighting shall be "dark skies" compliant as set forth in the Code of the Town of Southold. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee. 4.05 Development Area: Grantor shall have the right to develop and utilize the Development Area depicted in Schedule C as is permitted by the Town Code of the Town of Southold for the zoning designation of the Premises. At no time shall all or part of the Development Area be subdivided from its existing or future tax map parcels. The Development Area may not become a single and separate parcel. Any existing and customary parking of vehicles outside of and/or adjacent to the Development Area shall be permitted as long as the Protected Area is used for golf coursc activities. Any change in use allowable under this Easement shall extinguish such Mt. use. Approval of the Grantee shall be required for any parking outside the Development Area in such instance. 4.06 Alternate Use: Grantor and Grantee recognize that the public recreational use may become unsustainable such that both parties agree the Protected Area may be used as open space for agricultural purposes as defined herein and for no other purpose. If for any reason the Premises is no 10110er used as a golf course open to the public for a fee, the Premises may be used. pursuant to the provisions of Section 1.01 and at the discretion of Grantee, in perpetuity, 9 either(a) for public outdoor recreation, that requires the approval,of the Town Board subsequent to a public hearing provided such public outdoor recreation use does not defeat or derogate from the purpose of this Easement, or(b) for agriculture purposes, as further described in Sections 4.07, 4.08 and 4.09. A. Grantor shall provide Grantee no less than ninety (90)days notice of Grantor's intent to convert the use of the Premises from recreational to agricultural or passive public outdoor recreation; B. Nothing herein shall prevent Grantor from ceasing agricultural use and reverting to public golf course use provided said use is of the entirety of the Protected Area. 4.07 Permitted Agricultural Uses: Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)- 0) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer"U-Pick"operations and/or the use of a corn maze`to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Hunting is permitted on the Protected Area provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Article Four and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument. 4.08 Structures and Improvements for Agricultural Purposes A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Protected Area, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the,Purpose of this Easement or other applicable laws: (i). Underground facilities used to supply utilities solely for the use and enjoyment of the Premises or adjoining properties subject to development rights casement or other conservation instrument; (ii). New Construction; inClUdin�.!drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; 10 (iii). Renovation, maintenance and repairs of any existing structures or,structures built or permitted pursuanf'to this Section 4.06, provided the primary purpose of the structure remains agricultural. (iv). Such signage advertising the agricultural activities as is permitted by the provisions of the Southold Town Code. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In-the event of damage resulting from casualty loss or wear and tear to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.08 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.09 Agricultural Prohibited Uses: While the Protected Area is used for agricultural purposes, the following shall be prohibited: A. Residential, commercial or industrial uses, permanent or temporary, including but not limited to a'riding academy, shall be prohibited. Tile Protected Area shall not be utilized or maintained as Lawn. B. Excavation and Removal of Materials; mining. The excavating, regarding, scraping;or tilling of the Protected Area shall be prohibited without the written consent of the Grantee; including but not limited to review by the Land Preservation Committee. Mineral exploitation and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand or other materials from the Protected Area is prohibited, nor'shall the topography of the Property be changed, except in connection with usual and customary agricultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. C. Soil and Water. Any use or activity that cause or is likely to cause soil degradation or erosion or pollution of any surface or subsurface water shall be prohibited. This prohibition shall not be construed as extending to agricultural operations or practices (including without limitation, the use of agrochemical such as fertilizers, pesticides; herbicides, and fungicides) that in accordance with sound agricultural practices of the Nation Resources Conservation Service ("NRCS'°). D. Drainage. The use of the Protected Area for a leaching or sewage disposal field shall be prohibited. The use of the Protected Arca for a drainage basin or sump shall be it i� prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Protected Area. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Grantor's Warranty: Grantor warrants and represents to the Grantee that Grantor is the owner of the Premises described in Schedule "A", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. 5.02 Taxes and Assessments: The Grantor, for itself, its successors and assigns, agrees to pay any real estate taxes and other assessments levied by competent authorities on the Premises and to relieve the Grantee from any duty or responsibility to maintain the Premises. If the Grantor, its successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Premises occurs, the Grantee, upon twenty,(20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Premises from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Premises and to assure the continued enforceability of this Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns' interest in said Premises. This right shall not affect the right of the Grantor, its successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes or to contest any taxes or assessments in good faith. 5.03 Annual Mowing and Maintenance Requirement: In the event Grantor seeks to leave the Protected Area open and fallow, then Grantor hereby agrees to mow and maintain the Protected Area as necessary in order that said property may be used for recreational activity. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Protected Area to perform such mowing and maintenance. 5.04 Indemnification: Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Area or from any taxes, levies or assessments upon it or resulting from this Recreation Easement, all of which shall be considered Grantor's obligations. Grantor shall mune Grantee as an additional insured entity for purposes of comprehensive and fire insurance. Grantee shall name the Protected Area on its general liability insurance policy. In the event ilial Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its policy, Grantee agrees to reimburse Grantor for said additional costs. 5.05 Notice: Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Article Four herein and shall file all necessary 12 applications and obtain all necessary approvals,that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. b ARTICLE SIX GRANTEE'S RIGHTS 6.01 Access: The Grantor hereby grants all available Development Rights from the Protected Area to the Grantee. The Grantor shall retain the right of possession and use of the Premises. The Grantor shall permit public access to the Protected Area upon the public's payment of applicable fees and charges and said public access and use shall be subject to Grantor's reasonable rules and regulations. 6.02 Entry and inspection: Grantee shall have the right to enter, by authorized representatives of the Grantor, the Protected Area twice annually fora two (2) day inspection per site visit upon at least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of(i) inspecting the Protected Area to determine if the Grantor, its.successors and assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of this Easement; (iii) taking any and all actions with respect to the Protected Area as may be necessary or.appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof, (iv) monitoring the condition of the aquifer and its relation to potable drinking water; and (vi) any other lawful purpose for which is embodied in this Recreation Easement 6.03 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Area to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem. necessary. However, it is understood'and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Area resulting from such causes. 6.04 Enforcement Rights of Grantee: Grantee, in a reasonable manner and at reasonable times, may enforce by proceeding: at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the restoration of' the Protected Area to the condition at the time of this grant. The Grantee, its successors and assigns; does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Area due to causes beyond the Grantor's control; such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties. In the event that the Grantee becomes aware of an event or circumstances of' non-compliance with the terms and conditions herein set forth. the Grantee shall give notice to the Grantor, its successors and assigns, as set forth herein, of such 13 event or circumstance of non-compliance and request corrective action sufficient to abate such event or circumstance of non-compliance and restore the Protected Area to its previous condition. Failure by the Grantor to cause discontinuance; abatement or such other corrective actions as may be requested by the Grantee within ninety (90) days after receipt of such notice shall entitle Grantee, at its election, to: (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Protected Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Protected Area affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as 'may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary,or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement. 6.05 No Waiver: Grantee's exercise of any remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assessed Valuation: Grantee agrees that the assessed valuation placed upon the Premises, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Premises by reason of this Grant of Easement; take into account and be limited by the restrictions and limitations imposed on the future use of the Premises by this Recreation Easement, as required tinder §247(3) of General Municipal Law, and generally in accordance with valuation principles legally applicable to such assessments of real property. 6.07 Limitations on Extinguishment. If a subsequent unexpected change in the conditions surrounding the Premises can make,impossible or impractical the continued use of the Premises for conservation purposes; this Ea'senlent can only be terminated or extinguished, whether with respect to all or part of the Premises; by judicial proceedings in a court of competentjurisdiction. Unless otherwise required by applicable law at the tinge, in the event of any sale of all or a portion of the Premises (or'any other property received in connection with an exchange or involuntary conversion of the Premises) after such termination or extinguishment, and prior to the payment of any costs or expenses associated with such sale, Grantee shall be entitled to an amount no less than Grantee's proportionate share of the gross proceeds of such sale; as such proportionate share is determined tinder the provisions of Section 6.0$, adjusted; if necessary, to reflect a partial termination or extinguishnletlt ol'this Conservation Easement. If for any other reason Grantee is not paid Grantee's proportionate share; Grantee has the right to recover such deficiency (including the right to record a lien to secure its recovery of such deficiency) from the record owner of the Premises at the time of such sale. All such proceeds shall be deposited in a"Crust and Agency Account of the Grantee; pursuant to X36 of the General 1Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. In tile event of extln!?tllshtllent of this Easement i:n whole or in part; the provisions of Sections 6.07, 6.08, and 6.09 shall survive such extinguishment. 14 6.08 Percentage interests. Grantor and Grantee hereby confine that the donation of this Easement gives rise to a property right immediately vested in Grantee, with a value for purposes of Sections 6.07, 6.08, and 6.09 determined as follows. The parties hereto stipulate that as of the effective date of this grant the Easement and the restricted fee interest in the Premises each represent a percentage interest in the fair market value of the Premises (Grantee's percentage interest is referred to herein as Grantee's "proportionate share"). Said percentage interests shall be determined by the ratio of the value of the Easement on the effective date of this grant to the value of the Premises, without deduction for the value of the Easement, on the effective date of this grant. The values on the effective date of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the IRC. -The parties shall include the ratio of those values with the Baseline Documentation (on file at Grantee's offices) and, pursuant to to the Treasury Regulations requiring the determination of the value of the Easement on the effective date of this grant, the parties hereto shall amend such values, if necessary, to reflect any final determination thereof by the Internal Revenue Service or court of competent jurisdiction in any appeal of the final determination by the Internal Revenue Service. For purposes of this paragraph, the ratio of the value of the Easement to the value of the Premises unencumbered by the Easement shall remain constant, and Grantee's proportionate share of the fair market value of the Premises thereby determinable shall remain constant. 6.09 Condemnation. If all or any part of the Premises is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full fair market value (without regard to any diminution in value attributable to the Easement) of the interests in the Premises subject to the taking and all incidental or direct damages resulting from the taking. Prior to the payment of any expenses reasonably incurred by the parties to this Easement in connection with such taking, Grantee shall be entitled to Grantee's proportionate share from the recovered proceeds in conformity with the provisions of Sections 6.07 and 6.08 (with respect to the allocation of proceeds). The respective rights of Grantor and Grantee set forth in Section 6.07, 6.08, and 6.09 shall be in addition to; and not in limitation of, any rights they, may have at common law. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of the Grantee, pursuant to j36 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. 6.I0 Alienation: No property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of' a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the "Town of Southold, following a public hearing and, thereafter; ratified by a mandatory referendum by the electors of the Town of Southold; with an allirntative two-thirds vote; as provided by Section 17 of the Code of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests. which were acquired by the Town prior to any such amendment. 15 i 6.11 Affordable Rates and Fees for Town of Southold Residents: The parties wish to provide affordable public recreation opportunities to residents of the Town of Southold who are not current members of the Island's End Golf Course. Grantor shall provide at least annually to Grantee and at least sixty (60) days prior to the effective date, a proposed schedule of rates or fees for each of the recreational activities provided to the public. Said schedule must be approved by the Town Board prior to enactment. If said schedule of rates or fees include an increase which does not exceed 10 % of the previous schedule amounts, the Town Board shall approve the schedule. Notwithstanding this required approval, if sixty (60) days have expired, said schedule of rates or fees shall be deemed approved. The Town Board will consider proposed increases greater than 10% and will not withhold approval if Grantor provides reasonable evidence of the need for such greater increase to cover an extraordinary out-of-pocket expense or an extraordinary increase in its cost of doing business ARTICLE SEVEN LOT LINE MODIFICATION /RESUBDIVISION/SALE OF PREMISES 7.01 Sale of Premises: The parties acknowledge that the Premises along with adjacent land currently owned by Island's End Golf and Country Club, inc., identified as SCTM parcels 1000- 35-2-12 and 1000-35-2-17.1 comprise the public golf course. If the cessation of the golf course use necessitates a subdivision of the four plots comprising the golf course, no such subdivision shall result in more than two plots or parcels as recognized by Suffolk County and the Southold Town Planning Board. Said two parcels shall contain the Development Areas and in no circumstance may all or part of a Development Area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold Town Code provisions and all other applicable laws and regulations. 7.02 Lot Line Modification / Resubdivision. Notwithstanding the terms and conditions set forth in this Easement to the contrary, Grantor, its successors or assigns, together with the owners, its successors or assigns of the adjacent land currently owned by the Island's End Golf and Country Club, Inc. identified as SCTM parcels 1000-35-2-12 and 1000-35-2-17.1 are authorized to make such applications as are necessary to effect a lot line modification of the four parcels which are the subject of the Easements on their respective properties. Such lot line modification shall result in no more than two plots or parcels as recognized by Suffolk County. Said two parcels shaTI contain the development areas and in no circumstance may all or part of a development area become one of the resultant plots or parcels. Any subdivision is subject to the reasonable conditions and restrictions required by the Southold Planning Board. Said subdivision shall be subject to the relevant Southold "Town Code provisions and all other applicable laws and regulations. ARTICLE EICHT RIGHTOF FIRST REFUSAL 8.01 Resu•ictions on Transfers: Except as otherwise provided in this Easement, Grantor shall not sell; assi-n. transfer, pledge, hypothecate, or otherwise encumber or dispose of in any way, 16 all or any interest in the Premises without first affording Grantee the opportunity the purchase said interest in the Premises at fair market value, subject to Section 8.04, through proper notice. Any sale, assignment, transfer, pledge, hypothecate or other encumbrance or disposition of any interest of the Premises not made in conformance with this Article shall be null and void. Notwithstanding the foregoing, the Grantor hereby retains the right to enter into a lease of the Premises for uses consistent with the uses of the Premises authorized by this Easement. Any mortgage loan obtained by Grantor and secured by a mortgage upon the Premises shall not be subject to the restrictions contained herein. 8.02 Duration: Grantee shall have an option for a period of forty-five (45) days from receipt of notice from Grantor of a sale, assignment, transfer, pledge or other disposition, to elect to purchase said interest of the Premises This shall allow for sufficient time for Grantee to review the option and to acquire an appraisal of said interest in the Premises prior to snaking a decision on the option. If Grantee elects to exercise this option, Grantee must respond in writing within forty (45) days of Grantee's receipt of Grantor's notice. Said writing shall clearly and unequivocally state an acceptance of the option and be signed by either the Town Supervisor or the Land Preservation Coordinator. 8.03 Valuation: The value' of said interest of the Premises shall be determined by an independent accredited appraiser mutually agreed upon by both Grantor and Grantee. Said appraiser shall be hired at the expense of Grantee. 8.04 Notice: Grantor's notice must state clearly and unequivocally an intent to sell, assign, transfer, pledge or dispose of any interest of;the Premises, along with a request for a timely determination as to whether or not Grantee will exercise the option. Notice shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Gr'antor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with Section 8.05 of this Easement. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with Section 8.05 of this Easement. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.05 Limitations to Rights of Refusal: Notwithstanding the provisions of this Conservation Easement, the Grantor may sell or otherwise assign, with or without consideration, a part of or interest in the Premises to any spouse or member of Grantor's immediate family, or to a custodian, trustee, executor, or other fiduciary for the account of the Grantor's spouse or members of the Grantor's immediate fasttily, or to the trust for the Grantor's o'-vn sell. or a charitable remainder trust; or to the owners of the adjacent parcels currently identified as SCTM#1000-35-2-12 and #1000-35-2-17.1, provided that each such transferee or assignee, prior to the completion of the sale: transfer, or assignment shall have executed documents assuming the obligations of the Grantor under this Conservation Easement with-respect to the Right ,of First Refusal. For purpose of this Section 8.05, "Grantor" shall mean and include the members 17 i. of Grantor or the beneficiaries of any trust that is a member of the Grantor. This section shall not apply to any changes in memberships or shareholder interests in this Grantor. ARTICLE NINE MISCELLANEOUS 9.01 Entire Understanding: This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9.02 Subsequent Deeds: Grantor agrees that the terms, conditions, restrictions and purposes of this Easement-shall be inserted by reference in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title or its possessory interest in the Premises. 9.03. Limitations on Amendment A. Grantor and Grantee recognize that natural conditions, landscapes, and technologies change over time (including best practices of open space stewardship techniques), and, in an abundance of caution, have determined, in good faith, to articulate herein the limited parameters of any permissible amendment hereto. The intent of Grantor and Grantee is that (except in a case involving solely the correction of a drafting mistake, or mapping error, or in a situation involving solely adding additional property to the existing encumbered property) any such amendment would be executed only in rare instances and unusual circumstances not envisioned by either party at the time of this grant, consistent with and true to the perpetual protection of the conservation values of the Protected Area and the Conservation Values, and consistent with the goals and provisions of New York Environmental Conservation Law, Section 49-0301, el sets. (hereinafter, the "NYECL'), and the goals and provisions of Section 170(h) of the Code. Further, it may be necessary at some point to amend this Easement in response to changes over time specifically to ensure the perpetual protection of the Conservation Values. This Section 9.03 is accordingly carefully limited so as to ensure that the Conservation Values are protected in perpetuity. Nothing in this Section 9.03 shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment. B. This Easement shall be amended only upon the written agreement of Grantee and Grantor, at Grantee's sole and absolute discretion, and following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote, but only if such amendment: (a) does not constitute private inurement or give rise to an impermissible private benefit under Section 501(c)(3) and other applicable provisions of the Code or the NYECL, based on an appraisal of the economic impact of the proposed amendment by an appraiser selected by Grantee; (b) has a neutral or positive el'fect on the Conservation Values, based on an evaluation of the effect of' the proposed amendment on the conservation values by an independent qualified person selected by Grantee; (c) is consistent with the purpose of this Easement and the perpetual protection of the Conservation Values; (d) does not affect the perpetual nature ol'this Easement; and (e) complies with the NYECL and Section 170(h) of the Code. Further, no amendment shall be permitted that (i) does not comply with the provisions of Ix this Section 9.03, (ii) would involve the removal of any of the Protected Area from the Easement, or (iii) would alter or remove the restrictions on assignment of this Easement tinder. the provisions of Section 8.01. or the provisions on extinguishment, percentage interests, or condemnation under Section 6.09. In the case of any amendment, all of these requirements and restrictions in this Section 9.03 must be satisfied. C. In the event Grantor and Grantee agree to an amendment pursuant to the provisions of this Section 9.03, an addendum to the Baseline Documentation.Report shall be prepared and shall be acknowledged by Grantor and Grantee as memorializing the condition of the Protected Area as of the date the amendment is delivered for recording to the Office of the Clerk of the County of Suffolk, State of New York. Notwithstanding the foregoing, an addendum to the Baseline Documentation Report shall not be required for any amendment that involves solely the correction of a drafting mistake or mapping error. D. If Grantor is the party requesting an amendment of this Easement, Grantor shall be responsible for all reasonable and customary costs related to Grantee's evaluation of said request and the amendment's execution and, if applicable, any agency or judicial proceeding referred to in Section6.07, including reasonable attorney's fees and staff, contractor, legal, and consultant costs incurred by Grantee, and any costs associated with the preparation of the updated Baseline Documentation Report prepared pursuant to the provisions of Section 9.03(C). E. A proposed amendment that is agreed to by Grantor and Grantee but nevertheless exceeds the scope of the limited discretion granted under this Section 9.03 is not permitted except by a final non-appealable judgment of a court having jurisdiction in a proceeding to which the Attorney General of the State of New York was given written notice and an opportunity to participate to represent the public interest in ensuring the continued perpetual protection of the Conservation Values 9.04 Severability Any provision of this Easement which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement, which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 9.05 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery. by overnight courier service or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered of certified mail, with sufficient prepaid postage affixed and with return receipt requested in the case of mailed notice or marked for delivery on the next business day; with charges prepaid or provided for by the sender in the case of overnight courier notice. Mailed notice or overnight courier to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator, or to such other address as Grantee may designate by notice in accordance with this Section 9.05. Notice shall be deemed given and received as of the date of its manual delivery or the third day alter the date of its mailing or the: date of actual delivery by overnight courier service. 19 9.06 Governing Law: New York law applicable to 'deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 9.07 Interpretation: Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render the provision invalid, then that provision shall be given such interpretation as would render it consistent with the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breach of the restrictions on use of the Premises shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the perpetual protection of the Conservation Values and the purpose of this Easement as intended by Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and-limited its right to use the Premises, except as otherwise recited herein, be construed at all times and by all parties to' effectuate its purposes. 9.08 Warranties: The warranties and representations made by the parties in this Easement shall survive its execution. 9.09 Effective Date and Recordin . Grantor and Grantee intend that the restrictions arising hereunder are effective on the day and year this DEED OF CONSERVATION EASEMENT is delivered for recording to the land records of the Office of the Clerk of Suffolk County, New York, after all required signatures have been affixed hereto. This Easement shall be timely recorded. Grantee may re-record this instrument or record any other instrument at any time as may be required to preserve its rights in this Easement. 9.10 Headings: The hearings, title and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 9.11 Consent: Any time the prior written,,approval or consent of' the Grantee is required hereunder, such approval or consent shall not be unreasonably withheld, conditioned, or delayed. 9.12 Successors and Assigns: The covenants, terms, conditions, restrictions, benefits, and burdens of this Easement shall be binding upon—the parties hereto and their respective successors, personal representatives, heirs, and assigns and shall continue as a restriction running in perpetuity with the Premises. An owner of the Premises shall only be responsible for those violations first occurring on the Premises during such owner's ownership, and while still an owner of the Premises (although notwithstanding the fore-oing, a subsequent owner may also be held responsible for those violations first occurring during another:s prior ownership ofthe Premises unless an estoppel or compliance certificate was obtained by such' subsequent owner prior to or at the time of the transfer ol'the ownership of the Premises to 20 L such subsequent owner). In the event of a breach of the terms hereof by the owner or owners of any divided portion of the Premises, no owner or owners of any other portion of the Premises shall be liable for such breach. Any of the rights herein reserved to Grantor may be exercised by any owner or owners from time to time of any lot within the Premises. 9.13 Compliance Certificates: Upon request by Grantor; Grantee shall within thirty (30) days execute and deliver to Grantor any document that may be requested by Grantor, including an estoppel certificate or compliance certificate, to certify to the best of Grantee's knowledge Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise to evidence the status of this Easement. 9.14 Representation of Authority: Each signatory to this Easement represents and warrants that he or she is duly authorized to enter into and execute the terms and conditions of this Easement and to legally bind the party he or she represents. 9.15 No Goods or Services: Pursuant to the requirements of Section 170(f)(8) of the Code, Grantor and Grantee acknowledge that no goods or services or other consideration have been provided by Grantee to Grantor as consideration for this Easement, and Grantee will provide Grantor with a separate letter so stating. 9.16 Counterparts: The Parties may execute this instrument in two (2) or more counterparts, which shall in the aggregate, be signed by both Parties; each counterpart shall be-deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF_ Grantor has executed and delivered and Grantee has accepted and received this Easement on the day and year set forth above. This contract has been duly executed by the parties hereto. GRANTOR 21 WILLIAM KING and MARY PACINDA TURNER as Executrix of the Estate of ROBERT TURNER plj'� Attorney for Grantor: William D. Moore, Eq. 51020 Main Road Southold,NY 11971 Tel: 631-765-4663 ,Fax: 631-765-4643 Attorney for Grantor: John Shoro.Esq. Bowditch 311 Main Street Worcester.MA 01606 GRANTEE: TOWN OF SOUTHOLD By: SCOTT RUSSELL,SUPERVISOR Attorney for Grantor: Mary C. Wilson, Esq. Address: 933 Mill Creek Drive Palm Beach Gardens, FL 33410 Tel.: 631-902-6550 Fax: 631-728-1920 State of New York ) Counter of Suffolk ) ss: On a d-6 before me, the undersigned, personally appearedpersonally known to me or approved 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 w 'ch the individual acted, executed the instrument. BETSYA.PERKINS State of New York ) Notary Public,State of New Yak No.01PE6430838 County of Suffolk ) ss: Quallfled In Suffolk Cammisslon Expires July 18, On C)a- `O t OkObefore me, the undersigned, personally appearedul�`(c - n!�:). , personally known to me or approved to me on the basis of satisfactory evi ence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed a same in his c city and that by his signature on the instrument, the individual or the perso on ehalf'of ici the individual acted, executed the instrument. ETS RKi �'� �,��j,�►(� N ry PubI c, ate of New York State of New York ) No.0 E6130636 County of Suffolk ) ss: uallfled In Suffolk o n. � Commisslon Exp y On 4h 4 L&U-1 r,R AWN i 01 t before me, the undersigned, personally appeared COMA�eU _ ; personally known to me or approved 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 beliall'of which,the individual acted, executed the instrument. LAUREN M.STANDISH Rotary Public-State of New York No.01ST6164008 Qualified In Suffolk County Cornmission Expires April 8,2023 A LOT 001.000 KING TRUST SCTM X11000-35.-2-1 ALL that certain plot,piece or parcel of land, situate; lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NYS Route 25) where the Westerly line of land now or•formerly of Theodore D. Anderson intersects said Northerly line of Main Road (NYS Route-25)and '. from said point of beginning; RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes 20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis; THENCtalong.said lands,the foll6wing;foiur courses and distances: 1.*North 23 degrees;58'ininutes 40 seconds West 300 feet; ? 2. S6utli 66 degfde:01 minute 20 seconds West,183.65 feet; , 3. North 45 degrees 51 minutes 50 seconds West 88.26 feet; ; 4. South 66 degrees 01 minute 20 seconds West 371.08 feet; THENCE along lands describdd in Mdp•of Pec6nic Landing at Southold the following 15 courses and distances to the-ordinary high water.lin e•of Long Island,Sound: 1. North 24 degrees 34 minutes 30 seconds West 423.08 feet; 2. North 76 degrees 49 minutes 10 seconds East 155.11 feet; 3. North 07 degrees 02 minutes West 40.19 feet; 4. North 01 degree,45 minute's West 434'.1.7 feet; 5. North 00 d'egree' s 39.minutes.30 seconds West 100.15 feet; 6. North 05 degrees 1:8 minutes-40 seconds West 100.93 feet; 7. North 00 degrees 04 in.inutds•20 seconds East 172.71 feet; 8. North 03 degrees 46.minutes West.]00.0 feet; 9. North 01 degree'34 minutes West 300.20 feet; 10.North 00 degrees 19 minutes 40 seconds West 179.94 Feet; 11.North 27 degrees 56 minutes 50 seconds East 65.47 feet; 12.North 13 degrees 46 minutes 30 seconds West 33.68 feet; 13.North 28 degrees 19 minutes 30 seconds West 89.61 feet; 14.North 31 degrees 03 minutes 40 seconds West 300.01 feet; 15.North 30 degrees 10 minutes 40 seconds West 913.21 feet; THENCE along said high water line of Long Island Sound the following 4 courses and distances; 1. North 30 degrees 29 minutes 40 seconds East 212.79 feet; 2. North 16 degrees 48 minutes 50 seconds East 100.05 feet; 3. North 29 degrees 55 minutes 50 seconds East 100.84 feet; 4. North 20 degrees 44 minutes 30 seconds East 411.96 feet; THENCE SQlltlt 35 degrees S5 minutes I0 seconds East 1823.45 feet; THENCE South 53 degrees 03 minutcs 40 seconds West 443.55 feet; THENCE along lands formerly of Islands End Golf and Country Club, Inc. the following 5 courses and distances: 1. South 35 degrees 39 minutes 20 seconds East 1015.92 feet; 2. South 63 decrees 53 minutes 50 seconds West 259.70 feet; 3. Sou _th 35 de,yees 9 minutes 20 seconds East 385.86 feet; I nds West 4!7.20 i'eet; 11. South 63 deorces 53 minutes 50 seco Grt�D�E E t4 "MIT S. South 32 degrees 42 minutes 50 seconds East 444.98 feet; THENCE along land now or formerly of Anderson the following 2 courses and distances: 1. South 66 degrees 01 minutes 20 seconds West 150.0 feet; 2. South 32 degrees 42 minutes 50 seconds East 300.0 feet to the point of BEGINNING. i �l t i i r J� J l 1 4,` SCHEDULE A LOT 0.11.000 "REVISED DESCRIPTION" KING TRUST SCTM #1000-35.-2-11 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25) at the boundary line between the subject parcel and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2 courses and distances: 1. North 36 degrees 01 minutes 35 seconds West 728.56 feet; ' 2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet; t t THENCE along said lands of the following 2 courses and distances: 1. North 53 degrees 03 minutes 40 seconds East 186.02 feet; 2. North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map#6266; THENCE along said lands,North 54 degrees 06 minutes 31 seconds East 604.84 feet; THENCE continuing along said lands and lands now or formerly of the Suffolk County Water Authority the following 3 courses and distances: 1. South 34 degrees 09 minutes I 1 seconds East 859.22 feet; 2. South 30 degrees 53 minutes 20 seconds East 269.10 feet; 3. South 28 degrees 09 minutes 41 seconds East 540.14 feet; THENCE South 51 degrees 37 minutes 20 seconds West 493.45 feet; THENCE South 36 degrees 08 minutes 40 seconds East 912.22 feet; THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NTYS Route 25); "THENCE along said Northerly line of Main Road (NYS Route 25) South 67 clegrces 19 minutes 18 seconds West 184.48feet to the point or place of BEGINNING. SCHEDULE A 4 p- = Vt Pei Key MW �. 4` VAX MW , Arc IRW #, S►*f -ff v j 42 IMMIX 4MOS4$0.17. f \ 9.9AIM aim ��•d . `♦ - rJ scnt#10W rs-o2-n.1 js, 4.• '� \• 41frf \ �� 1�!i'�-'.ter . � i I'_♦ ♦ .in.('� �r.irri M+4+�o.r-rR.'+i ` � y� � . �i` Y• ` WAL AAM 2L29 AM Ta.n of 9oulhoW 00 r 50folk countf,xr.York aw.ti. v Ir vy pmo-IS-07-I,It OR=MWARM- eouwc.e.0 XM 796 sn.n - na>rAars For Legibility See Descriptions marked "Schedule A" Sc.rra;Dul e 43 KingProtected Arca: ALL that certain plot, piece or p4rcel of-larid,situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New fork, bounded•and described as follows: BEGINNING at ii-point on the Westerly line of land now.or formerly of Theodore D. And&son 300.00 feet Northerly, from the'inte-rsection of same line with the Northerly line of Main Road(NYS Route 25)and from said point of beginning; RUNNING THENCE North 24 degrees 34 minutes 30 seconds West 350.03 feet; THENCE South 66 degrees 01 minutes 20 seconds West 681.61 feet; THENCE along-landsbed;in Map of Pedonie Lariding at Southold the following 15 courses and distance s . descriJ to the ordinary high water.Iine:of'L'•-ong;Island Sound: ; 1. North 24 degrees 34'miriut6s 30 sdconds West 158.44 feet; 2-. North 76 degr6e".49'minutes 10 seconds East 155:11 feet; 3. North;07 degrees-02'miritites'West..40.19 feat; i 4. North O 1 . grze.45 rninittes.West 434'.17,feet; 5. North 00 degrees-39 minutes 30 seconds West 100.15 feet; 6. North OS degrees 18 minutes-40 seconds West-100.93 feet; 7. North 00 degrees 04 minutes 20 seconds East 1,72:71 feet; S. North 03 degrees 40 minutes Wes.000.0 feet; 9. North 01 degree 34 minutes West 300.20.feet; 10.North 00 degrees 0-minutes-40 seconds West 179.94 feet; 11.North 27 degrees 56 minutes 50 sec6nds East 65.47.feet; 12.North 13 degrees 46 niihiites 30 seconds West 33.68 feet; i 13.North 28 degrees 19 minutes 30 seconds West 89.61 feet; 14.North 3'1 degrees 03'minutes 40 seconds West 300.01 feet; 15. North 30 degrees 10 minutes 40 seconds West 913.21 feet; THENCE along said high water line of Long'Island Sound the following 4 courses and distances; 1. North 30 degrees 29 minutes 40 seconds East 212.79 feet; 2. North 16 degrees 48 minutes 50 seconds East 100.05 feet; 3. North 29 degrees 55 minutes 50 seconds East 100.84 feet; 4. North 20 degrees 44 minutes 30 seconds East 411.96 feet; THENCE South 35 degrees 55 minutes 10 seconds East 1823.45 feet; THENCE South 53 degrees 03 minutes 40 seconds West 443.55 feet; THENCE along lands formerly of islands End Golf and Couutry Club,Inc. the following 5 courses and distances: 1. South 35 degrees 39 minutes 20 seconds East 1015.92 feet; 2. South 63 degree's 53 minutes 50 seconds West 259.70 feet; 3. South 35 degrees 39 minutes 20 seconds East 385.86 feet; 4. South 63 degrees 53 minutes 50 seconds West 417.20 feet; 5. South 32 degrees 42 minutes 50 seconds Bast 444.98 feet; THENCE along land now or formerly of Anderson South 66 degrees 01 minutes 20 seconds tiAlest 150.0 feet to the point of l3E01-NNING. SCHEDULE B King Trust Protected Arca ALL that certain plot,piece or parcel of land, situate, lying and being at East Marionjown of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point distant North 36 degrees 01 minutes 35 seconds West 422.71 feet from a monument set in the Northerly Pane of Main Road (NYS Route 25)at the boundary line between lands now or formerly of Floyd F. King, Jr. Grantor Retained Annuity Trust and lands now or formerly of Islands End Golf and Country Club and said Northerly line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club the following 2 courses and distances: 1. North 36 degrees 01 minutes 35 seconds West 305.85 feet; 2. North 35 degrees 33 minutes 00 seconds West 1513.42 feet; s THENCE along said lands of the following 2 courses and distances: 1. North 53 degrees 03 minutes 40 seconds East 186.02 feet; ' 2.North 35 degrees 55 minutes 10 seconds West 501.26 feet to lands described in Map#6266; THENCE along said lands, North 54 degrees 06 minutes 31 seconds East 604.84 feet; THENCE continuing along saidlands and lands now or formerly of the Suffolk County Water Authority the following 3 courses and distances: 1. South 34 degrees 09 minutes i 1 seconds East 859.22 feet; 2. South 30 degrees 53 minutes 20 seconds East 269.10 feet; 3. South 28 degrees 09 minutes 41 seconds East 540.14'feet; THENCE South 51 degrees 37 minutes 20 seconds West-493.45 feet; THENCE South 36 degrees 08 minutes 40 seconds East 660.79 feet; THENCE South 60 decrees 21 minutes 00 seconds West 187.75 feet to the point or place of BEGINNING. King frust Devclonmcnt Area: ALI, that certain plot, piece or parcel of land, situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly line of Main Road (NYS Route 25)where the Westerly Iine of land now or formerly of Theodore D. Anderson intersects said Northerly line of Main Road(NYS Route 25)and ; from said point of beginning; RUNNING THENCE along the said Northerly line of Main Road (NYS Route 25) South 66 degrees 01 minutes 20 seconds West 140.44 feet to lands now or formerly of John Abadiotakis; THENCE along said lands the following four courses and distances: 1. North 23 degrees 58 minutes 40 seconds West 300 feet-, 2. South 66 degree 01 minute 20 seconds West 183.65 feet; 3. North 45 degrees 51 minutes 50 seconds West 88.26 feet; 4. South 66 degrees 01 minute 20 seconds West 371.08 feet; THENCE, along lands described in Map of Peconic Landing at Southold,North 24 degrees 34 minutes 30 seconds West 264-64 feet; THENCE North 66 degrees 01 minutes 20 seconds East 681.61 feet; THENCE South 24 degrees 34 minutes 30 seconds East 350.03 feet; THENCE South 32 degrees 42 minutes 50 seconds East 300.0 feet to the Northerly line of Main Road and the point of BEGINNING. �jCtrr--vu, G l-in�!Trust D6veldpment'Arca: ALL that certain plot, piece Wparcel of land, situate, lying aiid being at East Marion, Town of Southold, ; County of Suffolk and State-of New Y6`k,bounded and dekribed as follows: BEGINNING at a monument set in the Northerly line of Main Road (NYS Route 25)at the boundary line between:the subject parcel and lands now 6r'f6rnierly of Islands End Golf and Country Club and said Northerly t line of Main Road (NYS Route 25) and from said point of beginning; RUNNING THENCE along said lands now or formerly of Islands End Golf and Country Club North 36 degrees 01 minutes 35 seconds West 422.71 feet; THENCE North 60 degrees 21 minutes 00 seconds East 187.75 feet; ? i THENCE South 36 degrees 08 minutes 40 seconds East 251.43 feet; THENCE South 33 degrees 46 minutes 00 seconds East 193.16 feet to the Northerly line of Main Road (NYS Route 25); THENCE along said Northerly line of Main Road-(NYS Route 25) South 67 degrees 19 minute's 18 seconds Vilest 1-84.48feet to the point or place of BEGINNING: i EXHIBIT "A" • G_ �F, y E 1,\ y A. NX Parol Kar Map Kl O NIC- \ K/Ns IROSI �x#roo3s-M. St7M#rOOoa5-07-11 WFAI ARFA TOM ARM zrv,694 S2 FT. f,36T,4VSQ.FT. 67.46 ACRES XV ACRES \ \ Yaw /./ = AYw � \ `t • •1 WN =m#!000350242 ' • t �r '- 1GTA[ASA •S 1i n 447,084 SUR. fit "• 16 - scrM#room», 1 ,.y 107AtAAfA oma' �••��� \ � � ,�y s" .���� s�- rte'`. lot l,15 \� rr'�"�/ V - � +n i't,lile�w.i:gym• OtBbt!!MM ARG ctarpc•a� so Fr. For Legibility Purposes See Schedules B & C S U R V E Y S UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING THE LISTED ASSIGNEES OFTHE LENDING INSTI— TUTION. TOI— ��' 111 TUTION. GUARANTEES ARE NOT TRANSFERABLE. i` ` •° I a X•. 6 } ti gyp. s0 110 ti %;' • \ ti 109 a of y / 4 \ ��► app• +' 108 '� j � 101 g /' '` 4`,` ,,,\ jjA o ' 106 '..,, ��'` KING TRUST J` $CTM#1000-35-02-ff 70TAi ARM 105 ON�• ,`, , 30' ,' � 31.39 ACRES s ""ow I i' � / COIL vat `! �p4' 104 °cr "Ito31 29 KING MOT 103 32 SCTM 100 0�5--0?- 01 OpC• 2,720,694 S4.FT. 33 b 62.46 ACRES oil "am 28 102 34 00 o �y CCUR "'!' '�' v "d S=#1000-35-02-12 ' ' ' AREA '� 27 G2� O'd 417,084 T. o 101 ` ° �, 9.57AmES cS` 0do an 26 %_ CLUB SCTM#1000 5-02-17 f 100 2� �,� TOTAI AREA OPR4A f,014,599 SO.FT, y 25 , 2 ACRES 99 X Of h� 24 0 � ° 23 �R . 1 00 ° 21 ,, 00 Parcel Gey Map �% of �s %Al Scale 1 "= 400' @) RIONGUSf 1l B UST Oc0� SCTM#f000-35-02-0f SCT #x'000-35-02-?f `�V41 0t ILA 3 •o, `'nG Cp O 0 �. 10 oIDS 0 � 0 0% w Sy 0 0 z o DRIVING RANGE n O O i a'0 d:!. �. CIU 63°�3y° SC �'t00 2 — — —� w S z 01 JM.c'� �. L11O TO7"lip,I A pA . 0 /� 0 cti o � oma'- � S�_/ �+ ,•/?, 094 159 \.r.IT. � 0 r.7 A CC' S ° � o r Protected Oreo / t °�, 7. 17 acres /•ti oo cry, Sc3: � 'loll, V 06� q'o t 63 53 "' 60 2� X11 Plug U o-o 0. 0 00%�3 5 0 2 f 7- f \0_10 l uml AREA Protected area '° 0 �-� ���p 0 ,50 0 SCS. ". ;�- ti �' �� .� ,,'-� �~ �\ 23.20 CRSS 0 0 66,x- � � � ,� 'fee ,�--�� \•\�� Protected area N e�•E � --�- ViI N76°49'10„� �.�� 22.86 acres , e � ' � KING \ . 155•�� �'"� �NG•��ti Q, 13�•1g ,,� ' � �, '\' 4AS�M�N� 54� `'`_1 0 `20��� 2° `rc,- b°OT 4° �A AR�a Q.�• ,,.••••'•' ° 239' RAS \ $66 J� 's, S6 0'a~ 31639 S Rti5 ;�;�:. S6�°19 .>a ARBA 5° AC `Pcr, `• . ,�. °43 AG , •.. A OO S E P 2 4 2019026,�'0"� 56 LAND PRESERVATION DEPT' Q' e4 O Town of Southold .�0� J,o, �a' �•�►O Certified to: �` 1 ,� °5� '': .r S66©°�2� ` �,o .1 � p.�, d �o lv,� mod�"'o Town of Southold Q w�, � � �,.�. '"• s• .....'�� �, `` .,•�so� s�o ��� '� .� .� _� 0 0 o, « , ,.I ` ° �LQ���,4r,,,, 1$3 �2°W oo :, ' ` �otoA ,x a�^ S66 ° ,sr,�?cr, 1r, S66° o, ✓ �► .�o c� .�► v `� o Islands End Golf and Country' Club, Inc. � �- ''�. 0. off, :• ��++ y .s• may ��� -� p"'m Survey00 of Property Fidelity National Title Insurance Company w° ,� � y Situate at oR�°RM���S $ ` d East Marion cell % NvN°w A$A�i°�N - , Town of Southold m r y LAND SURVEYING °�N * '�' t '`''�u'1�. Suffolk Count New York Mintoville@aol.com a► S6 0' r SUBDIVISIONS ;t- ws„, '. �� Tax Map #1000-35-02-12 & 17.1 TITLE do MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS ` �� r ::t.,, # 7 * May 16 , 2019 Scale 1 "= 100' LAND PLANNERS b - SITE PLANS = 4 Ir 1� �:�. .. GRAPHIC SCALE \�•a t {, ! .;, 100 0 50 100 200 400 JOHN SLICE SED PROFESSIONAL LAND'SURVEYOR J y PHONE: (631) 724-4832 t/E �i" 631 NEW YORK STATE UC. N0. 49888 FAX: ( ) 724-5455 93 SMrMTOWN BOULEVARD SMPTXT01i1V, N.Y. 11787 ( IN FEET ) 1 inch = 100 ft. / , • 10, �,' �� 4.�.,9(`,• ,'� y� tel/ i e04 d �/ 110 ` SQ, �!f. �, ��`' 109 64 4� y Q Y ' / i. zk /y huh /, ft X40• 108 \IZIjPA'a�" a�` oto .1► 107 `� �• mf b ' . . KING 7RUST 106 �..� c��`du SCTM#1000-35-02-ff °`, "�► sy TOTAL AREA 7 f,367,430SQ.F 3L39 ACRES 105 30 at Pam 104 0- , 31 KING TRUST o i � \ % 29 SCTMV000-35-02-0f 32 TOTAL AREA 103 2,720,694 SQ.FT. 331 6p�• 62.46 ACRES "on ` ° 28 ! ccua / 102 'may, 34 �, ?.yam SCTM#1000-35-OZ-f2 i l' �', �► 27 vG2�r, �� 4f7084SO.FT. / 9.57ACRES 101 ,, �° � �KI? 26 400 .� ��► y SCTM#1000-35-01-17.1 f1F�� 1 OO 0 �G TOTAL AREA ar, 1,014,5819 SOFT rte $ 25 �� `!� 23 ACRES .'oA VX am �M 24 � ,• tc��ppM 0 pR1A �. 23sort ,� ,0' ori 2221 0k t� o Parcel Ivey Map Scale 1 "= 400' _ 1 Cel �l if G 01T UST _ �O � o "� ' - 000-3, —0 —Or .n—I, _ 2— TOTAL � op, �� � r 000-30 O AREA ,$ o14 TOTAL AREA 21720E 04. SO.FT. 30'��` 1,367,430 SCS,t' T. 62-.46 ACRES oto° � a 30. ACRES Protected area 3g� h3 rs Protected area 56.96 acres �'` g'1• 29.54 acres 0 tJ, O r, O �Oo W O o �yO3,��0 w S`� 0 0 'Oa O � crar 0 5y� DRIVING RANGE oo �,.• tea'° � z ZE O0>7 0�1 U8 LQ 65"CTM#1000-35-10242 O cry 'tl 259 j q '� • Q 0 O O� �01 0 +i o � O r0 , � `'off �. ,/•��6ti ` / 00 C,I .�ti\oo ��A�f��9-11 P►.�pG�� 425 0 •� 0 �6 �� 4� SQ�' 0• �,�" o CLUB 0 �4 N. 46i 4 Call .4 SCTf2— 171 5� i o SO Protected area �i-'16 ��• � �-- --z� �'� � �9tO � 2 RICI 'N76 J551 kNG• U \ S�Mtitj�sl � G�3C�C�C NICD '� 239112 L0,, 6°0,20 W �s�� X66°01' ��� `• �,, A $9 sd ':`;...••' ' ' �g 19`�g�W �- RAS \ s6 �, .Q, o . Q, 816 itis ARBA 50 Ac \ ' Lo,, tea-, .• • \.� 03 A� � ...•• d�°`°`` S SEP 2 4 20190 �-. �•� � \, `D y ` �, °� .\ � � ro1'�•�i-� \,� 0 3� � �. !�'� �"�`�` 65.0 „ LAND PRESERVATION DEPT 'j"� \ M 01 3 c26`50 Town of Southold .� \ ` Q, o� WO` S66 Certified to: , °0��" ��, �,�� ' / 0 �' ,I °' "o 66°0' 20 '©, o o `'�o �, ' Town of Southold � \ 5` ,� 0 ' 1 . 0� %l'�,�S.� q gyp"'' IcT ��` 2 �o �e�" O � O� �.r► . . .�'` w s." aa. L •, 6� �`''%�> ,dam, '�'''• v!I y cP .., 3 ,,`N o o �, o William A. King and Robert Hughes Turner as successor o. ,. o•'''' WO °O�Zo �� , ~• 1g° �Zo •>�, oo �► ,co-trustees of the Flo d F Kin( , Jr. Grantor Retained ?� o '` S66 sus`�' �� S66 0 �' r �� �' goo, %'ea0-- -y o % . . Annuity Trust dated April 11, 1996 �� � , a '�•.•��- �� �-� q�+� 2 Surveyof Property Fidelity National Title Insurance Company situate at o Rly 'Moo oR�O�p�tO'A,c�Sd Fast Marion 0,0 NO N A �° �oN .,... Town of Southold .., LAND SURVEYING Suffolk County, New York S6 Mintoville ��ol.com a�` 6 6 @ .. e SUBDIVISIONS ( C + V TITLE do MORTGAGE SURVEYS #, & 11 Tax Mai #1000-35-02-1 „ , TOPOGRAPHIC SURVEYS N May 16 , 2019 Scale 1 "= 100 LAND PLANNERS SITE PIANS GRAPHIC SCALE 100 0 50 100 200 400 LICENSED NAL LAND SURVEYOR PHONE: (631) 724-4832 ' NEW YORK STATE LK:. No. 49am FAX: (631) 724-5455 03 SMITHTOIVN BOULEVARD SMITHTOWN, N.Y. 11797 ( IN FEET 1 inch = 100 ft. A E R I A L 11 anc 0 :is[* • 0 Ll vvir ana ;lub_ Inn- 0 nt Kight.lc E:aseme 1 VV ries Developme :)nservatior Q . 0MA 14% 0 nt Kight.lc E:aseme i ries apa P&\\, I -,WNW' 0 i' King Trust r1l