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Home My WebLink AboutL 13114 P 486 l l l l l 1 I l l i I I I I I I I I I I I I I I I I I I I I I I I I 111111 I I I I I I l l i 1111 I l l l l l l l l l l l l l l l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: LEASE - MEMO OF LEASE Recorded: 08/03/2021 Number of Pages : 15 At: 10:26:32 AM Receipt Number : 21-0138855 TRANSFER TAX NUMBER: 21-00188 LIBER: D00013114 PAGE : 486 District: Section: Block: Lot: 1000 134 .00 03 . 00 016 . 000 MORTGAGE TAX NUMBER: DM027216 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $5,000 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0 . 00 YES Handling $0 . 00 YES COE $0 . 00 YES NYS SRCHG $0 . 00 YES Affidavit $0 . 00 YES TP-584 $0 . 00 YES Notation $0 . 00 YES Cert.Copies $0 . 00 YES RPT $0 . 00 YES Transfer tax $0 .00 YES Comm.Pres $0 . 00 YES Mort.Basic $0 . 00 YES Mort.Addl $0 . 00 YES Mort.SplAddl $0 . 00 YES Mort. SplAsst $0 . 00 YES Fees Paid $0 . 00 TRANSFER TAX NUMBER: 21-00188 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County as RECORDED Number of pages 2021__Ruq-DL10:26:32 All JUDITH A. PASCALE CLERK OF This document will be public SU LFD090131114V record. Please remove all P 486 Social Security Numbers N1027216 — prior to recording. DT# 214D0188 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES i Page/Filing Fee Mortgage Amt. ' 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 S. Su b Tota I Notation • Jv �T Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. ��, Held forAppointment Comm.of Ed. 5. 00 ransferTa Affidavit .' Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00family dwelling only. Sub Total YES orNO Other s Grand TotalIf NO, see appropriate tax clause on 'page q of this instrument_ 4 Dist.100^ .... 10 5 Community Preservation Fund 4574931 1000 13400 0300 016000 Real Property Consideration Amount$ Tax Service PTS Agency R LPA A CPF Tax Due $ Verification 23-JUL-21 Improved Satisfactio is/Discharges Releases List Propperty Owners Mailing Address 144t�5 R�CORD&RETURNTO: County of Suffolk Division of Planning and Environment TD ` 0 P.O. Box 6100- 11th Floor Hauppauge, New York 11788 Attention:Thomas Ralicky TD TD Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcauntyny.gov/clerk Title g 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Amendment of Lease Agreement made by: (SPECIFY TYPE OF INSTRUMENT) County of Suffolk The premises herein is situated in (Lessor) SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Matthew J. Ketcham In the VILLAGE (Lessee) or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (overT. First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R First Amendment of Shellfish Aquaculture Lease Agreement This is the First Amendment("First Amendment")of the Shellfish Aquaculture Lease Agreement(Law No. 34-PL-005) ("the Lease"), last dated 7/19/2012 (SCALP#: 11-03-15, Law No. 34-PL-005), which was filed in the Office of the Suffolk County Clerk ori August 24, 2012, under Liber D00012703, Page 170,and is hereby incorporated by reference and made a part hereof as Exhibit A,between the County of Suffolk("the County"),a municipal corporation of the State of New York, acting through its duly constituted Department of Economic Development and Planning ("the Department"), located at H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge, NY, 11788; and Matthew J. Ketcham (the "Lessee), a sole proprietor, having an address at 21125 County Road 48, Cutchogue,NY 11935 The parties hereto desire to execute this First Amendment to relocate the Premises of the Lease to new Premises, as described in this First Amendment, to amend the term of the Lease, to update the provisions of the Lease in accordance with current County requirements and to make other amendments in accordance therewith. Term of the Contract: January 1, 2013 through December 31, 2022, with one option to renew for an additional ten(10)years,from January 1,2023 through December 31, 2032,in the discretion of the County and subject to the terms and conditions of the Suffolk County Shellfish Aquaculture Lease Program as it exists at the time of renewal. Effective Date of Provisions of First Amendment: The provisions of this First Amendment shall be effective as of July 1, 2021, or upon date of last signature, whichever is later, unless otherwise expressly stated herein. Total Cost of the Contract: There is no cost to the County of Suffolk of this First Amendment. 1 Terms and Conditions: Shall be as set forth in the Lease, as modified by this First Amendment. In Witness Whereof, the parties hereto have executed this First Amendment as of the latest date written below. (Signatures are on the next page) 11111111111111111 Ell 11111111111111111111111 0066762 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R Matthew J. Ketcham County of Suffolk Lessee By: . .S A� By: Matthew J. Ketcham Sarah Lansdale 21125 County Road 48 Director of Planning and Environment Cutchogue, New York 11935 Department of Economic Development and Planning Date: 6/ Date: 'I-t Z Approved as to Form: Dennis M. Cohen County Attorney By: J fifer - ohn sistant ounty Attorney Date: I IIIIII IIIII IIIII III IIIII III RI Ilii IIII 0066762 Page 2of13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-1 SR UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Within New York State) STATE OF NEW YORK} COUNTY OF SUFFOL } ss.: On the LE3 day of in the year 20�before me, the undersigned, personally appeared Matthew J. Ketcham, 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 acknowledged 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. //J FRANK*CASTELLI Notary Public State nt Newy ork No.01 CA6273M (signature and office of individual taking acknowledgement) Qualified in Suffolk Coun Commission Ex Ices December i UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Within New York State) STATE OF NEW YORK} COUNTY OF SUFFOLK} ss.: On the A' J day of in the year 2(01(before me, the undersigned, personally appeared Sarah Lansdale, persona � known to me or proved to me on the basis of satisfactory evidence to be the individuaI(s) whose name(s) is (are) subscribed to the within instrument and acknowledged 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. zLt�� 2 Ao:�4'1v� (signature and office of in lvidual taking acknowledgement) COLLEEN A.BADOtATO Notary Public,State of Now York Na 01 BAS219M Qualified in Suffolk County Qpmr anion Expires March 22,20ja II[lll Illll IIIII I[[II If[[I IIIII IIII[[[I II[I 0066762 Page 3 of 13 First Amendment of Shellfish Aquaculture Lease Agreement ; Law No. 34-PL-005B SCALP No. 11-03-15R ARTICLE 1-2021 TERMS AND CONDITIONS Whereas, the Lessee and the County entered into a Shellfish Aquaculture Lease Agreement (the "Lease," last dated 7/19/2012 (SCALP #: 11-03-15, Law No. 34-PL-005), which was filed in the Office of the Suffolk County Clerk on August 24, 2012, under Liber D00012703, Page 170; and Whereas, the parties hereto desire to relocate the Lease Premises to be used for shellfish aquaculture under the Lease, at the request of the Lessee; and Whereas, such relocation shall be subject to new or modified regulatory permits, to be issued by the New York State Department of Environmental Conservation and other government regulatory agencies; and Whereas such relocation shall require a period of time for the permittee(a/k/a the VJ7 V1, Lessee),to,submit)the appropriate documentation to apply for said permits, and for the agencies to issue-same;'ands 'I 4�,�' l:3ili' wriLi i��. 1 1r 1. Lill{•1('}jf Whereas, after issuance of the permits, the Lessee shall require time to move his shellfish aquaculture Equipment and other materials from the current Lease Premises to the new Lease Premises; and Whereas, on April 9, 2021, the new Lease Premises which are the subject of this First Amendment, were determined by the Aquaculture Lease Board to be available for leasing for shellfish cultivation under the Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay and the Administrative Guidance for such Program; and Whereas, the parties also entered into an Addendum to Shellfish Aquaculture Lease Agreement, last-dated 12/22/2020; and Whereas, the Lessee understands that if the appropriate regulatory permits for relocation are issued and the Lessee relocates the Premises, the Addendum shall terminate; and Whereas, pursuant to Suffolk County Code Chapter 475, the maximum term of a shellfish aquaculture lease is ten (10) years, with a ten (10) year option to renew, at the County's sole discretion; and Whereas,he parties ih hereto desire to correct and amend a typographical error in the' AAj0JTerm of the Lease and. thespotential option to renew, as those dates appeared in the Lease; Now-Trae'refor'e, in'consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: Page 4 of 13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R 1. Purpose of First Amendment The purpose of this First Amendment is to effectuate a relocation of the Lease Premises at Lessee's convenience, pursuant to paragraph 6(c) of the Lease, to amend the Term of the Lease, and to update the terms and conditions of the Lease in accordance with current County provisions. 2. Permit Date A. Lessee shall complete and submit all applications (including, but not limited to, documentation and fees) to governmental agencies which are necessary to obtain the required regulatory permits and/or approvals (Permits) for relocation of the Lease Premises and to permit shellfish aquaculture thereon. Such submission shall be completed no later than thirty (30) days after the Effective Date of Provisions of First Amendment, as shown on the first page of this First Amendment. B. Lessee shall have no more than six(6)months from the Effective Date of Provisions of First Amendment to receive all necessary Permits to enable relocation the Lease Premises and permit shellfish aquaculture thereon. The date of receipt of all such regulatory Permits shall be designated as the Permit Date. C. Provided that the Lessee has submitted all applications, fees and other materials necessary to obtain the Permits and that the regulatory agencies have not made final decisions regarding the Permits, upon written request of the Lessee to the Department made no less than twenty-one (21) days prior to the end of the above six-month period, the Permit Date may be extended by letter agreement of the parties. The Permit Date may not be extended under any other circumstances, except as expressly indicated herein. D. Lessee shall submit copies of all Permits to the County within fourteen (14) days of receipt from the regulatory agencies. E. In the event that any regulatory agency with jurisdiction over shellfish aquaculture under the Lease denies any necessary Permit for the proposed relocation of the Lease Premises, the County's authorization for the proposed relocation under this First Amendment shall terminate on such date. 3. Relocation of Lease Premises Effective upon the Permit Date, Paragraph 2(a) of the Lease shall be deleted in its entirety and replaced with the following: 2. Lease of Premises a. In consideration of the terms, conditions and covenants herein contained, the County grants to Lessee, and Lessee hereby accepts from the County the lease of Page 5 of 13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R underwater lands, comprising ten(10)acres, as identified by the certified Survey Map with coordinates and legal description of Lease Site No. 406, attached hereto, and made a part hereof as Exhibit B-2021 (the "Premises"). i. The Premises are located within the Shellfish Cultivation Zone Map, Misc. Map No. A-928, filed in the Office of the Clerk of the County of Suffolk on May 24, 2021. ii. The Premises are designated as Lease Site No. 406, on the Aquaculture Lease Sites Map, Misc. Map No. A-929 filed in the Office of the Suffolk County Clerk on May 24, 2021. 4. Substitution of Exhibit—New Legal Description and Certified Survey Map A. Effective upon the Permit Date, the Lease shall be amended by addition of a new Exhibit B-2021, which shall describe the new Lease Premises. A copy of Exhibit B-2021 is attached hereto and incorporated herein. B. Exhibit B-2021 shall include the following: i. Section 1-2021. Legal description of Lease Site No.406 and ii_ Section 2-2021. Certified Survey Map with coordinates of Lease Site No. 406. 5. Right-of-Entry for Removal of Equipment and Shellfish During the Transition Period Between Lease Sites A. Effective upon the Permit Date, Lessee shall have the right to enter Lease Site No. 392, as described in Exhibit B of the Lease, during the transition period required for lease site relocation. B. Such right-of-entry onto Lease Site No. 392 shall be for the sole purpose of removing Lessee's Equipment, cultivated shellfish and other materials Lessee has placed upon the site for shellfish cultivation purposes and/or for kelp cultivation purposes. Such right-of-entry shall be authorized during the transition period only so long as the regulatory Permits authorize such shellfish cultivation activity on Lease Site No. 392. C. Upon expiration of the above Permit authorization for shellfish cultivation on Lease Site No. 392, any remaining Equipment, cultivated shellfish and other materials on such site shall be deemed abandoned in accordance with paragraph 14 of the Lease. D. Thereafter, Lessee's right to enter Lease Site No. 392 shall be consistent with his status as a member of the public. 6. Amendment of Term A. Effective immediately, the paragraph designated as "Term of Agreement" on the Page 6 of 13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R first (I") page of the Lease shall be deleted in its entirety and replaced with the paragraph designated as "Term of Agreement" on the first (11) page of this First Amendment. B. Effective immediately, Paragraphs 4 and 5(a) of the Lease shall be deleted in their entirety and replaced with the following: 4. Term The term of this Lease (the "Term") shall commence as of January 1, 2013 ("Commencement Date") and shall expire at midnight on December 31, 2022 ("Expiration Date"), or on such earlier date that this Lease may terminate or expire as provided for herein. 5. Option to Renew a. Upon written request of the Lessee, received by the County no less than ninety(90)days prior to the expiration of the current Term of this Lease,the County may, in its discretion, renew the Lease for an additional period of ten (10) years from the date upon which it would otherwise expire, or until December 31, 2032. Lessee shall submit an application fee with the request to renew. 7. Termination of Addendum The parties had previously entered into an Addendum to Shellfish Aquaculture Lease Agreement, last dated 12/22/20 (SCALP No. 11-03-15, Law No. 34-PL-005A). Pursuant to paragraph no. 9 of the Addendum, and effective as of the Permit Date, the Addendum shall be terminated. 8. Amendment of Suffolk County Code Chapter 475 Lessee recognizes that Suffolk County Code 475 and other related documents were recently amended by Local Law No. 9-2021, A Local Law to amend, update and reorganize Chapter 475 Article 11 of the Suffolk County Code. Lessee hereby agrees that, where applicable, all terms and conditions of the Lease are hereby amended in accordance with Local Law No. 9- 2021. 9. Amendment of Para. No. 52 (Recording) of the Lease Effective immediately, Paragraph No. 52 of the Lease shall be deleted in its entirety and replaced with the following paragraph: 52. Recording a. Simultaneously with the execution of this Lease,upon request of the County in its discretion, the parties shall execute a Memorandum of Lease pursuant to Real Page 7of13 First Amendment of ShelUttsh Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R Property Law §291-c, in a form to be supplied by the County. Upon request of the County, a Memorandum of Lease for any lease renewal, and for any modifications of the Lease (e.g., relocation, change in acreage) shall also be executed by the parties. b. Upon the expiration or sooner termination of the Term of this lease, Lessee shall, upon request of the County, deliver such document(s) as the County shall reasonably request to evidence the expiration of termination of the Lease or Memorandum of Lease, as applicable. Upon Lessee's failure to comply within thirty (30) days after receiving said request from the County, Lessee shall be deemed to have authorized the County to unilaterally execute and record the document(s) removing the Lease or Memorandum of Lease from the public record. C. The document(s) referred to in this paragraph 52 shall be executed and acknowledged by Lessee, shall be in a form satisfactory to the County and shall be in a form suitable for recording. d. Unless otherwise provided, Lessee shall record the above documents, at Lessee's sole expense,in the Office of the Suffolk County Clerk, no later than sixty (60) days after final signature on the Lease or other lease modification or lease termination. e. In the event that the County records the above documents in the Office of the Suffolk County Clerk, recording fees for the Lease (or other document to be recorded), if any, shall be the responsibility of the Lessee. The amount paid by the County for recording fees, if any, shall be deemed Additional Rent and shall be recovered from Lessee as such. f. Lessee shall also execute and file, or upon the County's request submit to the Department,New York State and Real Property Tax returns and other forms as are required for recording such documents. g. The provisions of this Paragraph 52 shall survive the expiration or sooner termination of this Lease. 10. Other Terms and Conditions Remain the Same Except as amended herein, all other terms and conditions of the Agreement shall remain the same. 11. Conflicting Provisions In the event of any conflict between this Article I-2021 and any other provision of this Lease, this Article I-2021 shall prevail. Page 8 of 13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R 12. Merger; No Oral Changes It is expressly agreed that the Lease, as amended by this First Amendment, represents the entire agreement of the parties and that all previous understandings are herein merged in the Lease. No modification of the Lease shall be valid unless in written form and executed by both parties. 13 Severability It is expressly agreed that if any term or provision of the Lease, as amended, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the Lease shall be valid and shall be enforced to the fullest extent permitted by law. 14. Recording of First Amendment This agreement shall be recorded in accordance with paragraph 52 of the Lease, as amended herein, and Lessee shall provide any required documentation specified thereunder. End of Text of Article I-2021 (Exhibit B-2021 begins on the following page.) Page 9 of 13 First Amendment of Shelffrsh Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R Exhibit B-2021 —Section 1. Legal description of Lease Site No. 406, All that certain plot, piece or parcel of underwater land, situate, lying and being at Little Peconic Bay, Town of Southold, County of Suffolk, State of New York, known and designated as Site 406 Map 2 "Revised Aquaculture Lease Sites" Filed on May 24, 2021, Miscellaneous Map Number A-929. Said parcel being more particularly bounded and described as follows: Beginning at a point marking the northwest corner of the parcel herein described, said point being in the New York State Plane Coordinate System, Long Island Zone, NAD 1983 N. 301,827.93, E. 1,409,419.71 and being 2,327.10 feet southerly of the extension westerly of the southerly line of Site 400 Map 2 "Revised Aquaculture Lease Sites"; Thence from said point of beginning, South 90°00'00" East, along a line parallel to and 2,327.10 feet southerly of the extension westerly of the southerly line of Site 400 Map 2 "Revised Aquaculture Lease Sites" a distance of 660.00 feet to a point being at New York State Plane Coordinate System, Long Island Zone, NAD 1983 N. 301,827.93 E. 1,410,079.71 and being 3,008.32 feet westerly of the westerly line of Site 419 Map 2 "Revised Aquaculture Lease Sites"; Thence South 0°00'00" East, along a line parallel to and 3,008.32 westerly of the westerly line of Site 419 Map 2 "Revised Aquaculture Lease Sites" a distance of 660.00 feet to a point being at New York State Plane Coordinate System, Long Island Zone, NAD 1983 N. 301,167.93 E. 1,410,079.71; Thence North 90°00'00"West, a distance of 660.00 feet to a point being at New York State Plane Coordinate System, Long Island Zone, NAD 1983 N. 301,167.93 E. 1,409,419.71; Thence North 0°00'00" East, a distance of 660.00 feet to the point or place of beginning. Said parcel containing 435,600± square feet or 10.000± acres more or less. Page 10 of 13 First Amendment of Shellfish Aquaculture Lease Agreement Law No. 34-PL-005B SCALP No. 11-03-15R Exhibit B-2021 —Section 2. 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Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Lessee to read,become familiar with,and comply with the requirements of Section A5-8 of Article V of the Suffolk County Code. Unless certified by an officer of the Lessee as being exempt from the requirements of Section A5- 8 of Article V of the Suffolk County Code,the Lessee represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-8 and shall file an update of such statement with the Comptroller on or before the 31 st day of January in each year of the Lease's duration. The Lessee acknowledges that such filing is a material,contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Lease, for which the County shall be entitled, upon a determination that such breach has occurred,to damages, in addition to all other legal remedies,of fifteen percent(15%)of the amount of the Lease. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNcndor's Public Disclosure Statement" 2. Gratuities It shall be the duty of the Lessee to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk County Code. The Lessee represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. 3. Non Responsible Bidder It shall be the duty of the Lessee to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the Lease, the Lessee certifies that it has not been convicted of a criminal offense within the last ten (10)years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 189-5 of the Suffolk County Code under"Nonresponsible Bidder." 4. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Exhibit C Page 13 of 13