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Home My WebLink AboutNorth Fork BankGREGORY F. YAKABOSKI TOWN ATTORNEY KATHLEEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA Jk. FINNEGAN ASSISTAiqT TOWN ATTORNEY ~O~SHUA Y. I{ORTON Supervisor Town Halt, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone ~631) 765-1939 e-maih greg. yakab oSM ~ ,wn.southold.ny.'a~ ka~hleemmurrAy@tdw'4. ~outhold;n~ y.us p a/ricia.fimiegan @~;own.sout hold.-hy~us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January9,2003 Nancy Ella, Esq. North Fork Bank 341 Post Avenue, 2nd Floor Westbury, New York 11590 Dear Ms. Ella: Enclosed please find three (3) sets of the Walk-in Agreement between the Town of Southold and North Fork Bank pursuant to Town Board Resolution Number 646, adopted on October 8, 2002, and signed by Supervisor Horton as w~l as [he Tax Receiver. George Sullivan. Kindly return two (2) sets after obtaining the appropriate signature on behalf of North Fdrk Bank. ffyou have any questions or problems please do not hesitate to contact the Town Attorney's Office. Thank you for your continued cooperation in this matter. It is very much appreciated. Very truly yours. Kathleen Murray Assistant Town Attorf~y JA¢~ ~ 7 2002 GREGORY ~'. YAKABOS~ TOWN ATTORNEY KATI-ILEEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA A. FIN1WEGAN ~ASSISTANT TOWN ATTORNEY JOSHUA Y. HORTON Sapervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 em_ail: gr eg,yakaboski@~own.southold.ny, us kathlee~.raurray@t0wmsouthold~ny.u s pa~ricia£~nnegau@t own.sduthoId.ny.ns OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January6,2003 Mr. Walter J. Kru psM, Jr. North Fork Bank P.O. Box 1559 Mattituck, New York 11952 Re: North Fork Bank Account Number 124-t05-636 ("Account") Dear Mr. K:rupski: This letter shall constitute the agreement between the Town of Southold ("Town"), the Town of Southold Tax Receiver ("Receiver") and North Fork Bank ("Bank"), with respect to the collection and processing of real estate tax payments received by the Bank from taxpayers at the Bank's branches located within the Town of.Southold on behalf of the Town ("Services"), subject to the following terms and conditions: The Bank is hereby authorized to accept for deposit into the Account all checks, drafts, money orderS, cash, or other remittance items (collectively, "Remittance Items") payable to the Town that are received by the Bank for deposit in connection with the' Services, and provide the Town with daily reports of said Remittance Items in accordance with the provisions of this Paragraph 1. Upon acceptance of such Remittance Items, the Bank will issue a stamped receipt to the taxpayer showing the date and amount of payment received on a form provided to the Bank by the Town ("Receipts"). The Bank will maintain copies of said Receipts and make same available for pick-up by the Receiver, or his representative at the Bank's branch located at 54375 Route 25: Southold, New York, 11971 ("Sou[hold Branch"l on the business day following the Bank's processing of said Remittance Items. Together with copies of the Town of Southold Real Property Tax Receipt issued for each parcel and a record of amounts deposited, the Bank shall complete a Branch Transmittal Form (attached hereto) summarizing the total amount of stubs received, amounts deposited, and an explanation of differences, if any. 3. Payments will be accepted from taxpayers or their agents at any of the Bank's retail branches within the Town of Southold The ]-own hereby designates the Bank as its attorney-in-fact to endorse the Town's name on all Remittance Items made payable to the Town and for deposit in the Account with the following endorsement and the Town shall be liable to the Bank as a general endorser thereon: CREDITED TO THE ACCOUNT OF THE WITHIN NAMED PAYEE IN ACCORDANCE WITH PAYEE'S INSTRUCTIONS ABSENCE OF ENDORSEMENT GUARANTEED NORTH FORK BANK Ali taxpayer questions and concerns shall be referred to the Town. The branch manager of the Bank's Southold Branch shall be designated as the liaison between the Bank, the Town, and the Receiver with respect to the Services. The Bank will use ordinary care in the deposit and collection of all. items received her,e, under and except as otherwise provided for in this Paragraph 5, will not be liable to the Town or the Receiver in connection therewith. Notwithstanding the foregoing, the TQw0 ~nd Rbceiver hereby acknewIecige and agree that the Bank shall ha,~e no li'abilit'){ or obligation to the Town or Re.ce ver or to a~y other person for any act or omission of the Bank in connection with the performance of the Bank's duties hereunder, except those acts or omissions resulting from thee gross neglige¢~ce or willfu m scond.act of the Bank n furtherance of, and without limitir~g:'the foreg~!rrg., the Ban[( shall not be liabIe for.any damage er. loss to the Town ~r Receiv~): f0~?any deJa~ or failure ~of performance ~dsing'~ut of, the acts of or~issi0ns a( any t~rd parte, s ncudng but not' ~ited to conimunCaton serVice~, cc~urier se~ices, the:. Federal Reserve Sys;Le~, any other batik or any third party float m~¥be affectedl by funds transactions fire, mechanJca ~broputer Or Cl~cti'ica' fai't, rcs 5- cther ~nforeseen contingert¢ies, sf~rikesl er ar~.y sihiilar 'or ..... s~.~..,..r o,.t.se ,~e;or .. the reasonable cpntrol of the Bank. Rc,.oi, or si;s. II ir'ccmr i'v ther B~nk and hold it harmlfess expenses, cOSts and:Ii without ['i~mitation, lega by th~ Ba,n,k ir~ any a'ctio, n or [he B&nk of- between [he ard ta t~e merit or lack of the m~ters set forth in, or Agreement, exce .~ct of the Bank. The nt.~ of the p~y, or (~u~: ,of or fronl the Remittance Items deposited with the Bank that are returned for insufficient or unool ec,ted funds, shall be re-deposited by the Bank a second time in accordance w~th the standard, procedures of the Bank. Remittance Items returned unpaid a second"lime sh~ll be processed in accordance w th the standard prdcedures of the Bank N~tw.thstanding anything to the contrary contained heren, the Bank sba have the rght to charge the Account for any Remittance terns that are returned to the Bank unpaid. Any party may terminate the Services by sending thirty (30) days written notice to the oiher par~y ta the following address (or such other address as either party may later specify in writing): if to the Town: Office of the Supervisor, Town of Southold, P.O, Box 1179, Southold, NY 11971-0959; if to the Receiver: George R. Sullivan, Town of Southold Tax Receiver, P.O. Box 1179, Southold, New York, 11971; if to the Bank: Nor[h Fork Bank, 275 Broadhollow Road, Melville, New York, 11747, Attention: Marlo Caracappa. Any notice required to be given hereunder shall be deemed g~ven when delivered. Deposits to the Account will be secured pursuant to the Third Party Custodian Agreement dated May 13, 1999, for the Town of Southold Tax Receiver Accounts. This letter agreement contains the entire understanding with respect to the Serve. es and may not be changed ora y This letter agreement wil be governed by anti. construed in accordance with the laws of the State of New York without regard ('o its conflicts of Iaws principles. Sincerely, THE TOWN O,~UTHOLD By: )¢'J6shua Y.~Ho~6n Sj~pervisor, Town of Southold Date: THE TOWN/~OF SOUTHOLD TA~RECEIVER George R. Sullivan Date: Name: Date: Town of Southold Real Property Tax Payments Received by Bank Walk-in Customers Branch Transmittal Form Bank Name: Branch Location: Date of Collection: Total of tax bills processed: Total dollar amount deposited: Differences (if any) explained by: ( ) partial tax payments ( ) other Authorized Signature Date