HomeMy WebLinkAboutL 12726 P 373 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 04/12/2013
Number of Pages: 6 At: 12 : 34 : 37 PM
Receipt Number : 13-0043123
LIBER: D00012726
PAGE : 373
District: Section: Block: Lot:
1000 114 .00 11 . 00 009. 001
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $30 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0 .00 NO
Cert.Copies $7 .50 NO RPT $60 .00 NO
Fees Paid $137 .50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
O
Number6f ages
RECORDED
This document will be public 2013 Apr 12 12:34:37 PM
record.Please remove all JUDITH A. PASCALE
CLERK OF
Social Security Numbers SUFFOLK COUNTY
priorto recording, L DOO112726
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Mortgage Amt. _
Page/Filing Fee 1.Basic Tax _
Handling ( 00 2. Additional Tax _
TP-584 Sub Total _
Notation SpecJAssit.
�/� � or
EA-5217(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX _
Dual Town _Dual County
R.P.T.S.A. �D���DDDIIIIJJJJ Held for Appointment
Comm.of Ed. S. 00Q�C*i
Transfer Tax _
Affidavit Mansion Tax _
Certified Cop ✓� The property covered by this mortgage Is
or will be Improved by a one or two
NYS Surcharge 15. 00 � family dwelling only.
Sub Total /—7 YES or NO
Other _
Grand Total �' If NO, see appropriate tax clause on
page'# of this I strument.
.4 Dist.IOr ^^ r nn — 009.001 5 Community Preservation Fund
2458935 1000 11400 1100 009001
Real Property Consideration Amount$
Tax Service RTS IIIIIIII�III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Agency R RCPF Tax Due S
MO A
Verification 12-APR-1
Improved
6 Satlsfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
William C. Goggins, PC TD
13235 Main Road
P.O. Box 65
Mattituck, New York 11952 TD
TO
Mail to:Judith A.Pascale;Suffolk County Clerk 7Title Company Information
310 Center Drive, Riverhead, NY 11901 Co:Name
www.suffolkcountyny.gov/clerk Title#
B Suffolk County Recording & Endorsement Page
This page forms part of the attached Covenants and Restrictions made
by: (SPECIFY TYPE OF INSTRUMENT)
13200 Main Road, Corp. The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
Mattituck
or HAMLET of
BOXES 6THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
nvPr
DECLARATION OF COVENANTS & RESTRICTIONS
AFFORDABLE HOUSING
This DECLARATION OF COVENANTS AND RESTRICTIONS (the"Declaration") is
made this JL*day of April, 2013, by
13200 MAIN ROAD CORP., a corporation duly formed under the laws of the State of New
York with an address of P.O. Box 65, Mattituck,New York 11952; and
TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, P.O. Box
1179, Southold, New York 11971-0959 (the "Town").
WITNESSETH:
WHEREAS, 13200 Main Road Corp. is the owner of the real property located at 13200
Main Road, Mattituck,New York, SCTM#1000-114-11-9, and more particularly described on
Schedule A annexed hereto and made a part hereof(the "Property") which includes a single-
family residence that will be remodeled to accommodate an affordable housing unit(hereinafter
the "Unit"), a market value housing unit and office space; and
WHEREAS, the Town Board has approved the transfer of a portion of a sanitary flow
credit to the Property conditioned upon the use of the Unit as affordable housing to be developed
and used in accordance with the Town Code and specifically in accordance with Chapters 34,
117 and 280 thereof; and .
WHEREAS, 13200 Main Road Corp. and the Town desire to provide for the
preservation of the Unit for the purpose of affordable housing and, to this end, desire to subject
the Property to the covenants and restrictions hereinafter set forth, each and all of which is and
are for the benefit of the Property and the Town.
NOW,THEREFORE, 13200 Main Road Corp., for itself, its successors and assigns
(hereinafter referred to as "Owners"), declares that the Property is and shall be held, transferred,
sold, conveyed and occupied subject to the covenants and restrictions hereafter set forth:
1. Ownership. The"Owner"of the Unit shall be registered with the Town Housing
Registry and shall hold a Certificate of Eligibility issued by the Special Projects Coordinator
("SPC")of the Town in accordance with the Town Code. Household income shall be
determined at the time of determination of eligibility.
2. Occupancy or Rental of Unit.
(1) Occupancy of Unit. The Tenant or person occupying the Unit shall,
at all times, occupy the Unit as his or her principal residence unless specifically permitted by the
Town to rent or sell the Unit as set forth in¶¶B of this section.
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(2) Pursuant to §280-31 of the Town Code, Owners shall submit an
annual report to the SPC no later than May 3151 of each calendar year certifying Tenant's
continued residency in the Unit during the prior year.
(3) The Owners shall submit a copy of the proposed lease to the Town
Clerk at least fourteen(14) days prior to the effective date of said lease in accordance with §280-
30 of the Town Code. The lease must in writing. The Owners shall not enter into any lease
without obtaining the prior written consent of the SPC. The Owners will not rent the Unit
without a written lease. Any I ease entered into without the approval of the SPC shall be void.
(4) In no event will the Town approve a lease unless the tenants are
families/individuals listed on the Town Housing Registry in possession of a Certificate of
Eligibility issued by the SPC.
(5) The maximum rental amount and maximum incomes of tenants
shall be as determined by the Town as set forth in §280-30 and §280-31 of the Town Code.
(6) No lease shall be for a period of more than two (2) years.
(7) Pursuant to §280-31 of the Town Code, the Owners shall submit an
annual report to the SPC no later than May 3151 of each calendar year in writing certifying the
amount of rent received by Owners for the prior year and that the lease complies with the
provisions of the Town Code. Owners shall include in any lease the requirements that Tenant
submit an annual report to the SPC certifying the tenant's household income for the prior year no
later than May 3151 of each year.
3. Event of Default. The occurrence of any of the following shall constitute an
event of default:
(A) A tenant ceases to occupy the Unit as his principal residence without
obtaining the Town's written approval to sell or lease the Unit;
(B) Owners lease or rent the Unit to a tenant prior to obtaining the Town's
approval thereto, or allows another person to reside in the Unit; or Owners lease the Unit at a
monthly rental rate in excess of the affordable monthly rental rate determined by the Town;
(C)Owners fail to submit an annual compliance report, or if leased, the tenant fails
to submit an annual compliance report as required under §280-31 in a timely manner;
(D) Owners fail to perform or keep or abide by any term, covenant or
condition contained in this Declaration, or fails to comply with any other provision of Chapters
34 and 117 or §280-24 through §280-33 of the Town Code;
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(E) If any written representation or statement made to the Town by Owners
with respect to qualification or certification for eligibility as a Tenant, including the annual
compliance report, is untrue in any material regard;
4. Remedies Available to the Town.
(A) If an event of default occurs, the Town may issue a Notice of Default
requiring Owner to cure the default.
(B) In the event Owners fail to cure the default within a 30-day period after
receipt of the Notice of Default, the Town may, in its sole discretion, extend the period to cure
such default if Owners are diligently proceeding to cure such default, or the Town may pursue
any judicial or administrative remedy available at law or equity (including administrative and
judicial remedies prescribed in the Town Code).
(C) The Town may commence a civil action to enjoin any violation or to
compel specific performance of this Declaration and to recover damages therefore. Monetary
penalties are imposed by the Code, and such penalties are not the exclusive remedy available to
the Town.
(D) In addition to the rights otherwise set forth herein, violations of this
Declaration by any person, corporation, or other entity, whether a principal, agent, employee or
otherwise, including 13200 Main Road Corp. or Owners, shall be punishable in accordance with
the provisions of§280-33 and/or §117-10 of the Town Code.
(E) In the event that legal action is commenced by 13200 Main Road Corp.,
Owners or Town to enforce any of the terms of this Declaration or the Town Code, the prevailing
party shall be entitled to recover its reasonable attorneys' fees and costs arising from said action.
5. Successors and Assigns. The provisions of this Declaration of Covenants and
Restrictions shall run with the land and bind the Property for the benefit of the Town in
perpetuity.
6.. Amendments. This Declaration may not be changed or terminated, nor any of its
provisions waived, except by written instrument signed by the Town, or if such amendment
would be at variance with any provision of the Town Code, in accordance with Town procedure
for Code amendments.
7. Notices. Any and all notices, elections, approvals, consents, demands, requests,
responses and other communications permitted or required hereunder shall be in writing and
shall be deemed to have been properly given and shall be effective upon receipt or refusal thereof
if delivered personally, or by recognized overnight courier, or three (3) days after deposit thereof
in the United States mail, postage prepaid to the address of such party provided to the Tax
Assessor. Notice to the Town shall be to the Supervisor, Town of Southold, at its then official
address, with a copy to the Town Attorney and the Special Projects Coordinator at their then
official addresses.
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S. Miscellaneous.
(A) No remedy herein conferred upon or reserved to the Town is intended to
be exclusive of any other remedy or remedies and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity. Delay or failure of the Town to exercise any of its rights under this
Declaration or the Town Code shall not be deemed a waiver thereof.
(B) If any portion or portions of this Declaration shall be held invalid or
inoperative, then all of the remaining portions shall remain in full force and effect, and, so far as
is reasonable and possible, effect shall be given to the intent manifested by the portion or
portions held to be invalid or inoperative.
(C) This Declaration shall be governed by and construed in accordance with
the laws of the State of New York without regard to its principles of conflict of laws.
(D) Any reference herein to sections of the Town Code shall include any and
all applicable amendments and successor Local Laws thereto.
IN WITNESS WHEREOF,this Declaration has been executed on the day and year set
forth above.
13200MAD CORP.
By:
Title:�USlLlG►1T
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STATE OF NEW YORK )
)SS.:
COUNTY OF SUFFOLK )
''I On the day of , 2013, before me personally appearedW I IOWA C. GwZiet known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
�tJ J•
Notary Public
=
ELAINE
T.VILLANO
r r, Notary Public,State of New York
yqN 1 No. 01 VI6029229,Suffolk County
;:yr Commission Expires Aug.9,
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