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HomeMy WebLinkAboutCochran, Carlisle E ChiefExecutive J~ EXECUTIVE SESSION Contract/Personnel Chief of Police Contract THIS AGREEMENT. made this day of 1999 between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road. Southotd, New York, hereinafter called the "Town", and JOSEPH A. CONWAY, residing at Hortons Lane, Southold: New York. hereinafter (~alled "Conway". WHEREAS, the Town of Southold wishes to employ Conway as Chief of Police of the Town of Southold, and WHEREAS, the position of Police Chief is not within the PBA and accordingly the terms and conditions of employment of the Southold Town Police Chief are not provided for by the PBA Contract between the Town and the PBA, and WHEREAS the parties hereto desire to provide for the terms and conditions of employment of Conway as the Chief of Police of the Town during the term hereof, and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. POSITION The Town does hereby employ Conway as Chief of Police of the Southold Police Department and Conway does hereby accept such employment subject to the terms and conditions of this agreement. 2. DUTIES Conway agrees to perform all of the duties of such position as shall be prescribed by law: rule or regulation, together with such other duties and assignments as may, from time to time, be prescribed by the Town Board, with special focus on the following job requirements: a. A fiscal study with management strategies shall be prepared in September of each year, detailing the existing and anticipated problems and solutions thereto to policing in the Town of Southold. At the same time. the Chief shall present a report summarizing the progress towards achieving the goals set forth in the prior year's management study. The Chief shall meet with the Town Board for an annual evaluation of his performance. b. The Chief is charged with ensuring that Police Officers injured in the line of duty return.to work as soon as certified fit. A monthly report shall be prepared for the Town Board detailing the cause of injury and current condition of all officers receiving 207c benefits. c. The Chief shall supervise, review the duties and be responsible for performance of the Bay Constables and Public Safety Dispatchers, as well as the Police Officers and civilian staffernployed in the Police Department. d. The Chief shall ensure that a complete chain of command is defined and in place prior to the Chief's leaving Town or becoming otherwise unable to respond to requests for his services. The Chief shall obtain Town Board approval for attendance by the Chief at conferences or out of town business trips. e. The Chief. shall promulgate and enforce guidelines which ensure that all members of the department adhere .to the Rules of Conduct both on and off duty. 3. SALARY The Town agrees to pay and Conway agrees to accept as compensation for such employment the annual base salary of $83,053.00 for 1997; with an incremental increase of 3.5% for the period of 111198 to 6~30~98 ($85,960,00); an additional incremental increase of 3.5% for the period of 7/1/98 to 12/31/98 ($88,968.00); an incremental increase of 5% for the calendar year of 1999 ($93,416.00); and an incremental percentage increase for the calendar year of 2000 equal to the same percentage of increase for the position of police lieutenant as set forth in the appficable PBA Contract. Salary will be payable on a biweekly basis and prorated accordingly in the event of an earlier separation than that stated in this contract. 4. RETIREMENT a. The Town agrees to make the provisions of Section 384-d of the Retirement and Social Security Law (optional twenty year retirement plan) applicable to Conway, and to take the appropriate action tO assume the additional cost thereof. The Town of Southold shall adopt the New York State Retirement Plan Section 375(i), and provide such benefit to Conway if he retires. b. The Town agrees to make the provisions of Section 384 subdivision (e)' (f) and (g) of the Retirement and Social Security Law (1/60th increased pension) applicable to Conway, and to take the appropriate action to assume the additional costs thereof. c. The Town agrees to make the provision of Chapter 950 of the Laws of 1970 (twelve (12) months' final average salary) applicable to Conway, and to take the appropriate action to assume the additional cost thereof. d. n order to be paid. for unused accumulated sick leave, the Chief of Police must notify the Town Board in writing of his intention to retire on a particular date. Such notification must be no less than forty-five (45) days prior to the date of the adoption of the budget, but in no event, later than October 1st. If notice was not g~ven as herein required, such payment will not be lost, but shall become payable thirty (30) days after the commencement of the fiscal year for which the Town budgeted for the same or had the opportunity to do so. Time limits for notice to be given herein may be waived by the Town, ~n its sole discretion. In the event of severe health or personal problems of Conway, such requirements shall not apply. In the event of death, the notice requirements hereof shall not apply and the payment involved shall be made to the person or persons entitled thereto as soon after the death as is possible. e. Conway may retain his issued service weapon at the time of retirement at no cost to Conway. 5. HEALTH INSURANCE The Town agrees to make available to Conway the group health insurance plans provided by the State of New York. The Town shall pay one hundred (100%) of the premium applicable to benefits afforded to both Conway and his dependents. In the event of Conway's death, the '['own wil pay the present hospitalization for a period of one year after such death on behalf of the deceased's family. 6. HEALTH BENEFITS The Town agrees to make available to Conway the dental/optical insurance benefits available to members of the CSE,A. 7. LEGAL SERVICES The Town shall provide legal services to Conway for an action or proceeding which has been commenced involving any matter occumng within the scope of his employment as an officer or employee of the Town. 8. CIVIL SERVICE PROTECTION Conway, appointed from a valid Civil Service list, shall be afforded the protection of the provisions of Article 5 of the Civil Service Law and/or Article 10 of the Town Law, whichever shall be applicable. 9. DEATH BENEFITS a. The Town agrees to continue to provide the death benefits provided by Section 208-b of the General Municipal Law. b. The Town agrees that any and all benefits to which Conway is entitled at the time of his death shall be paid to his estate as soon as is possible after his death. 10. SICK LEAVE a. Conway shall be entitled to fifteen (15) sick days in each calendar year. Unused sick leave may be accumulated up to a maximum of three hundred (300) days. Upon retirement, Conway shall be entitled to be compensated for the value of one hundred (100%) percent of the first two hundred (200) days of his accumulated unused sick leave, or any portion thereof. The Police Chief shall be entitled to receive payment for an additional forty (40) unused sick days at the rate of one (1) day of pay for each two (2) days of unused sick leave. Sick leave accumulated prior to the signing of the 1996 employment contract shall be paid at the Lieutenant's hourly rate (calculated with seven percent (7%) longevity) which is in effect oH the date of Conway's retirement. Sick leave accumulated thereafter shall be paid out at the hourly rate for Chief provided for by .this contract. The Town Board shall have the option to pay the same to Conway, either in a lump sum payment at'the time of Conway's retirement or in any other mutually agreeable manner. b The Town Board, in the exercise of its discretion, may request an exam by the Town's physician in all cases where Conway is absent by reason of illness, the cost thereof to be paid by the Town. c. Conway may use up to five (5) days "sick ~eave" per calendar year 'n the event that his spouse or ~mmediate family living in the household cannot lake care of themselves or take care of the children of Conway for which Conway has the responsibility of a parent or guardian. To be entitled to such leave, Conwa¥ must furnish proof of such incapacitating illness and of his responsibility as a parent or guardian. 11. VAGATION a. Town agrees that Conway s entitled to a vacation schedule of twenty-eight (28) working days per year. The time for such vacation to be determined by mutual agreement between employer and employee. He shall not be entitled to accumulate more than fifty (50%) percent of his unused annual vacation from year to year. The balance of vacation leave may be accumulated as set forth under sick leave and payment made on the same basis, upon reasonable notice. b. Request for payment in excess of five thousand dollars ($5,000.00) must be in writing and submitted to the Town prior to September 1 of the year preceding the year payment is to be made. 12. MANAGEMENT Compensation for the Police Chief shall be calculated based on a two hundred thirty-nine (239) working day basis. As a manager, the Chief shall not receive overtime or holiday pay, but shall work as necessary to complete his duties. 13, UNIFORMS a. The Town agrees to pay the entire cost of dry cleaning of all weadng apparel in connection with the police uniforms of the Police Chief except washable items. The Town shall select an appropriate dry cleaning service. Conway shall use the cleaning service selected by the Town. b. Conway shall have available the annual sum of four hundred dollars ($400.00) as a uniform and equipment allowance. 14. TERM The terms of this agreement shall be a period commencing on January 1, 1998 and terminating on December 31, 2000, subject, however, to pdor termination for cause as provided by law. 15. TERMINATION FOR DISABILITY a. In spite of anything in this agreement to the contrary, Town has the option to terminate this agreement in the event that Conway shall, during the term of this, agreement, become permanently disabled as the term permanently disabled is fixed and defined in this Section b. For the purposes of this agreement, Conway shall be deemed to have become permanently disabled, if, during any year of the term of this agreement, because of ill health, physical or mental disability or for other causes beyond Conway's control he shall have been continuously unable or unwilling or shall have failed to perform his duties under this agreement for ninety (90) consecutive days, or if, during any year of the term of this agreement, Conway shall have been unable or unwilling or shal have failed to perform his duties for a total period of one hundred thirty (130) days, irrespective of whether or not such days are consecutive. For the purposes of this agreement, the term "any year of the term of this agreement" is defined to mean any twelve (12) calendar months' period. 16. PERSONAL LEAVE Conway shall be entitled to four (4) days personal leave of absence with pay each calendar year for the purpose of attending to personal matters, provided that the time of taking such eave shall be approved by the Town Board. 17, BEREAVEMENT LEAVE Conway shall be granted four (4) continuous days including scheduled days off with full pay, in case of death in his "immediate family", which shall be defined as spouse, child, father, stepfather, mother= stepmother, brother, sister, parent-in-law, son-in-law and daugt~tar-in-law. Conway shall be granted one (1) working day off to attend the funeral of his grandparent, brother-in-law, sister-in- law, foster parent, foster chitd, niece, nephew, uncle, aunt half-brother or half- sister. Grandparents and foster parents shall be included among those for whom four days death leave ~s allowable if it is necessary, if Conway attends the funeral and he has demonstrated that there has been a sufficiently close relationship that hewould normally be expected to need such an amount of time away from work, including time for travel to the funeral. 18. HOLIDAY PAY Conway shall be entitled to receive equivalent time off or receive compensation r~ lieu of such equivalent time off for the following holidays, whether or not Conway was required to report for duty on such days, to wit: the first day of January, known as New Year's Day; the third Monday of January, known as Dr. Martin Luther King Jr. Day; the 12th day of February, known as Lincoln's birthday; the third Monday in February, known as Washington's birthday; Easter Sunday; the last Monday in May, known as Memorial Day; the 4th day of July, known as Independence Day; the first. Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; the first Tuesday after the first Monday in November, known as Election Day; the 11th day of November, known as Veterans' Day; the fourth Thursday in November. known as Thanksgiving Day; the 25th day of December, known as Christmas Day. On or before December 15th of such year, the Supervisor shall pay to Conway a sum equal to the number of holidays remaining due to Conway. If Conway separates from service after he received the benefits of this section and prior to a holiday for which ~e was been compensated, he shall have deducted from his final payroll check an amount equivalent to the compensation received for said holiday. 19. LONGEVITY PAY Conway shall receive additional compensation based on length of service of seven (7%) percent of base salary. 20. ENTIRE AGREEMENT This agreement contains the complete agreement concerning the employment arrangement between the parties. 21. EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 22. NO WAIVER The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same sha] continue and remain in full force and effect as if no such forebearance or waiver had occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written TOWN QF SOUT. HOLD Wt ~a~-~D. ~/l~)ore¢~ Deputy Supervisor J( ~seph A~ Conway // STATE OF NEW YORK ) ~ SS: COUNTY OF SUFFOLK ) On this day of, 1999, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn did depose and say that she resides at Boisseau Avenue, Southold New'York, that she is the Supervisor of the Town of Southold the corporation described m and which executed the foregoing i~strument: that she knows the seal of said corporation; that the. seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation and that she signed her name thereto by like order. Notary Public: State of New York STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK On this th day of , 1999, before me personally came JOSEPH A. CONWAY, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public: State of New York 9 REGISTRAR OF VITAL STATISTICS M~RRIAGE OFFICER ~( ~ECORDS MANAGEMENT OFFICER ~EEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE q?OWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE $OUTHOLD TOWN,BOARD AT A REGULAR MEETING HELD ON JULY 23. 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W, Cochran to execute a contract between the Town of Southold and Chief of Police Joseph A. Conway, Sr. for the terms and conditions of his employment. Southold Town Clerk July 2~. 1996 THIS AGREEMENT, made this c~/~-~- day of July, 1996 between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, Southold, New York, hereinafter called the "Town", and JOSEPH Ao CONWAY, residing at Hortons Lane, Southold, New York, hereinafter called "Conway". WHEREAS, the Town of Southold wishes to employ Conway as Chief of Police of the Town of Southold, and WHEREAS, the position of Police Chief is not within the PBA and accordingly the terms and conditions of employment of the Southold Town Police Chief are not provided for by the PBA Contract between the Town and the PBA, and WHEREAS, the parties hereto desire to provide roi- the terms and conditions of employment of Conway as the Chief of Police of the Town during the term hereof, and NOW. THEREFORE, IT IS AGREED AS FOLLOI~S: 1. POSITION The Town does hereby employ Conway as Chief of Police of the Southold Police Department and Conway does hereby accept such employment subject to the terms and conditions of this agreement. 2. DUTIES Conway agrees to perform all of the duties of such position as shall be prescribed by law, rule or regulation, together with such other duties and assignments as may, from time to time, be prescribed by the Town Board, with special focus on the following job requirements: a. A fiscal study with management strategies shall be prepared in September of each year, detailing the existing and anticipated problems and solutions thereto to policing in the Town of Southold. At the same time, the Chief shall present a report summarizing the progress towards achieving the goals set forth in the prior year's management study. The Chief shall meet with the Town Board for an annual evaluation of his performance. b. The Chief is charged with ensurin9 that police officers injured in the line of duty return to work as soon as certified fit. A monthly report shall be prepared for the Town Board detailing the cause of injury and current condition of all officers receiving 207c benefits. c. The Chief shall supervise, review the duties and be responsible for performance of the Bay Constables and Public Safety Dispatchers, as well as the Police Officers and civilian staff employed in the Police Department. d. The Chief shall ensure that a complete chain of command is defined and in place prior to the Chief's leaving Town or becoming otherwise unable to respond to requests for his services. The Chief shall obtain Town Board approval for attendance by the Chief at conferences or out of town business trips. e. The Chief shall promulgate and enforce guidelines which ensure that all members of the department adhere to the Rules of Conduct both on and off duty. 3. SALARY The Town agrees to pay and Conway agrees to accept as compensation for such employment the annual salary of $80,000.00 payable on a biweekly basis. This salary shall increase as provided by General Municipal Law Section 207-m. RETIREMENT a. The Town agrees to make the provisions of Section 38~-d of the Retirement and Social Security Law (optional twenty year retirement plan) applicable to Conway, and to take the appropriate action to assume the additional cost thereof. The Town of Southold, shall adopt the New York State Retirement Plan Section 375(i), and provide such benefit to Conway if he retires, b. The Town agrees to make the provisions of Section 384 subdivision (e) (f) and (g) of the Retirement and Social Security Law (1/60th increased pension) applicable to Conway, and to take the appropriate action to assume the additional costs thereof. c. The Town agrees to make the provision of Chapter 950 of the 1970 (twelve {12} months' final average salary) applicable to and to take the appropriate action to assume the additional cost Laws of Conway, thereof. d. In order to be paid for unused accumulated sick leave, the Chief of Police must notify the Town Board in writing of his intention to retire on a particular date. Such notification must be no less than forty-five (45) days prior to the date of the adoption of the budget, but in no event, later than October 1st. If notice was not given as herein required, such payment will not be lost, but shall become payable thirty (30) days after the commencement of the fiscal year for which the Town budgeted for the same or had the opportunity to do so. Time limits for notice to be given herein may be waived by the Town, in its sole discretion. In the event of severe health or personal problems of Conway, such requirements shall not apply. In the event of death, the notice requirements hereof shall not apply and the payment involved shall be made to the person or persons entitled thereto as soon after the 'death as is possible. 5. HEALTH INSURANCE The Town agrees to make available to Conway the group health insurance plans provided by the State of New York. The Town shall pay one hundred (100%) of the premium applicable to benefits afforded to both Conway and his dependents. In the event of Conway's death, the Town will pay the present hospitalization for a period of one year after such death on behalf of the deceased's family. 6. HEALTH BENEFITS The Town agrees to make available to Conway the dental/optical insurance benefits available to members of the CSEA. 7. LEGAL SERVICES The Town shall provide legal services to Conway for an action or proceeding which has been commenced involving any matter occurring within the scope of his employment as an officer or employee of the Town. 8. CIVIL SERVICE PROTECTION Conway, appointed from a valid Civil Service list, shall be afforded the protection of the provisions of Article 5 of the Civil Service Law and/or Article 10 of the Town Law, whichever shal be applicable. 9. DEATH BENEFITS a. The Town agrees to continue to provide the death benefits provided by Section 208-b of the General Municipal Law. b. The Town agrees that any and all benefits to which Conway is entitled at the time of his death shall be paid to his estate as soon as is possible after his death. 10. SICK LEAVE a. Conway shal be entitled to fifteen (15) sick days in each calendar year. Unused sick leave may be accumulated up to a maximum of three hundred (300) days. Upon retirement, Conway shall be entitled to be compensated for the value of one hundred (100%) percent of the first two hundred (200) days of his accumulated unused sick leave, or any portion thereof. The Police Chief shall be entitled to receive payment for an additiona forty (40) unused sick days at the rate of one (1) day of pay for each two (2) days of unused sick leave. Sick leave accumulated prior to the signing of this contract shall be paid at the Lieutenant's hourly rate (calculated with seven percent (7%) longevity) which is in effect on the date of Conway's retirement. Sick leave accumulated thereafter shall be paid out at the hourly rate for Chief provided for by th~s contract. The Town Board shall have the option to pay the same to Conway, either in a lump sum payment at the time of the Conway's retirement or in any other mutua ly agreeable manner. b. The Town Board, in the exercise of its discretion, may request an exam by the Town's physician in all cases where Conway is absent by reason of illness, the cost thereof to be paid by the Town. c. Conway may use up to five (5) days "sick leave" per calendar year in the event that his spouse or immediate family living in the household cannot take care of themselves or take care of the children of Conway guardian. such incapacitating guardian. 11. for which Conway has the responsibility of a parent or To be entitled to such leave, Conway must furnish proof of illness and of his responsibility as a parent or VACATION a. Town agrees that Conway is entitled to a vacation schedule of twenty-eight (28) working days per year. The time for such vacation to be determined by mutual agreement between employer and employee. He shall not be entitled to accumulate more than fifty (50%) percent of his unused annual vacation from year to year. The~ balance of vacation leave may be accumulated as set forth under sick leave and payment made on the same basis, upon reasonable notice. 5 b. Request for payment in excess of five thousand dollars ($5.000.00) must be in writing and submitted to the Town prier to September I of the year preceding the year payment is to be made. 12. MANAGEMENT Compensation for the Police Chief shall be calculated based on a two hundred sixty (260) working day basis. As a manager, the Chief shall not receive overtime or holiday pay, but shall work as necessary to complete his duties. 13. UNIFORMS a. The Town agrees to pay the entire cost of dry cleaning of all wearing apparel in connection with the police uniforms of the police chief except washable items. The Town shall select an appropriate dry cleaning service. Conway shall use the cleaning service selected by the Town. b. Conway shall have available the annual~ sum of four hundred dollars ($[~00.00) as a uniform and equipment allowance. 14. TERM The terms of this agreement shall be a · 1996 and terminating on Decemeber 31, 1997, termination for cause as provided by law. 15. TERMINATION FOR DISABILITY a. In spite of anything in this agreement to the contrary, Town has the option to terminate this agreement in the event that Conway shall, during the term of this agreement; become permanently disabled as the term permanently disabled is fixed and defined in this Section. b. For the purposes of this agreement, Conway shall be deemed to have become permanently disabled, if, during any year of the term of this agreement, because of ill health, physical or mental dlsabiltly or for other causes beyond Conway's control he shall have been continuously period commencing on July a%~ subject, however, to prior unable or unwilling or shall have failed to perform his duties under this agreement for ninety (90) consecutive days, or if, during any year of the term of this agreement, Conway shall have been unable or unwilling or shall have failed to perform his duties for a tota' period of one hundred thirty (130) days, irrespective of whether or not such days are consecutive. For the purposes of this agreement, the term "any year of the term of this agreement" is defined to mean any twelve (12) calendar months period. 16. PERSONAL LEAVE Conway shall be entitled to four (~) days personal leave of absence with pay each calendar year for the ~)urpose of attending to personal matters, provided that the time of taking such leave shall be approved by the Town Board. 17. BEREAVEMENT LEAVE Conway shall be granted four (~) continuous days including scheduled days off with full pay, in case of death in his "immediate family", which shall be defined as spouse, child, father, stepfather. mother, stepmother, brother, sister, parent-in-law, son-in-law and daughter-in-law. Conway shall be granted one (1) working day off to attend the funeral of his grandparent, brother-in-law, sister-in-law, foster parent, foster child, niece, nephew, uncle, aunt, half-brother or half-sister. Grandparents and foster parents shall be included among those for whom four days death leave is allowable if it is necessary, if Conway attends the funeral and he has demonstrated that there has been a sufficiently close relationship that he would normally be expected to need such an amount of time away from work, including time for travel to the funeral. 18. HOLIDAY PAY Conway shall be entitled to receive equivalent time off or receive compensation in lieu of such equi~valent time off for the following holidays, whether or not Conway was required to report for duty on such days, to wit: the first day of January, known as New Year's Day; the third Monday of January, known as Dr. Martin Luther King Jr. Day; the 12th day of February, known as Lincoln's birthday; the third Monday in February, known as Washington's birthday; Easter Sunday; the last Monday in May, known as Memorial Day; the 4th day of July, known as Independence Day; the first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; the first Tuesday after the first Monday in November, known as Election Day; the 11th day of November, known as Veterans' Day; the fourth Thursday in November, known as Thanksgiving Day; the 25th day of December, known as Christmas Day. On or before December 15th of such year, the Supervisor shall pay to Conway a sum equal to the number of holidays remaining due to Conway. If Conway separates from service after he received the benefits of this section and prior to a holiday for which he has been compensated, he shall have deducted from his final payroll Check an amount equivalent to the compensation received for said holiday. 19. LONGEVITY PAY Conway shall receive additional compensation based on length of service of seven (7%) percent of base salary. 20. PROVISIONAL APPOINTMENT It is understood by both parties that Conway's employment as police chief is a provisional appointment, subject to satisfaction of Civil Service requirements. Should Civil Service determine these requirments are not satisfied, this contract shall terminate upon thirty (30) days notice and no longer shall be in force or effect. 21. ENTIRE AGREEMENT This agreement contains the complete agreement concerning the employment arrangement between the parties. 22. EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 23. NO WAIVER The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms agreement, shall not be construed as thereafter and conditions, but the same shall continue and effect as if no such forebearance or waiver had occurred. IT WITNESS WHEREOF, the parties have set their the day and year first above written. and conditions of this waiving any such terms remain in full force and hands and seals By: TOWN OF SOUTHOLD o sepl~ A.Conway/~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On this c~f~/~day of Ju y, 1996, before me personally came JEAN iii/. COCHRAN, to me known, who being by me duly sworn did depose and say that she resides at Boisseau Avenue, Southold, New York. that she is the Superv sot of the Town of Southold, the corporation described in and whi:ch executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of said corporation and that she signed her named thereto by like order. N6t~iry Public : State c~ New York dUDITH T. T~RRY Notary Public, State of New York No, 52-0.~4963 STATE OF NEW YORK ) QualifiedinSb~olkCoun~,~/~' Comm~ Expires May 31, ) SS: COUNTY OF SUFFOLK ) On this c~~day of July, 1996, before me personally came JOSEPH A. CONWAY, to me known to be the individual described who executed the foregoing instrument, and acknowledged that he Notary Pubhc Sta of New York in and