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HomeMy WebLinkAboutPeconic Landing at Southold ELIZABETH A. NEVILI~E TOWN CLERK -REGISTRAR OF VITAL STATISTICS 1ViARRJAGE OFFICER ~RECOI~DS MAN~%GEMENT OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765J6145 Telephone (681) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~ay 9, 2000 Charles R. Cuddy, Esq. Attorney At Law 445 Grilling Avenue Post Office Box 1547 Riverhead, New York 11901 Dear Mr. Cuddy: Transmitted are two (2) fully executed copies of the pilot agreements between Peconic Landing and the Town of $outhold, one for your records and one for recording. Please forward a certified copy for the Town's records once you have recorded it. Thank you. Very truly yours, Southold Town Clerk (~HARLES P~, C~UDDY _~_TT ORi*N~E Y -~.T April 24, 2000 Jean Cochran, Supervisor Town of Southotd Main Road Souuhold~ NY 11971 Re: Peconi~¢ Landing at Southold, Inc. With the Town of Southold Dear Mrs. Cochran: Please find enclosed four (4) counuerparEs o~ the Declaration and Agreemen5 with respect 5o real property Eaxes, each of which has been signed by William G. Thompson as president of Pecontc Landing au Southold, Inc. Once you ha~e signed on behalf of the Town, will you please have returnsd to me two (2) fully signed copies. On behalf of Peconic Landing, I will record one fully executed copy and then forward a certified copy for the Town's records. CRC:JML Enclosures Very truly yours, Charles R. Cuddy DECLARATION AND AGREEMENT This De,clara~tion and Agreement, made this 25th day of April, 2000, by PECONIC LANDING AT SO~TH©LD, INC., with an office at Feather Hill, Route 25, Southold, Ne~ York 11971 (hereinafter referred to as "Peconic Landing" or "Declarant", and the TOWN OF SOUTHOLD, a municipal corporation with offices at Main Road, Southotd, New York 11971. WI TNE S SE TH : WHEP~EAS, the Declarant is the owner in fee simple of real property situate at Greenport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, S~ctio~ 035.00, Block 01.00, Lot 025.000, and more particularly described on the annexed Schedule A; and WHEREAS, the Declarant has proposed a site plan consisting of, inter alia, one hundred forty-four (144) acres, two hundred fifty (250) residential units, a centralized common building and a care facility; and ~HEREAS, Declarant and tke Tow~ of Southold have agreed that a written declaration setting forth the intention of the Declarant with respect to paymen5 of real properly taxes wi~ll be of musual benefit; and W~RRF~AS, the Declarant has expressed a willingness to set forth its intentions through a Declaration; and W~{EREAS, Declarant having considered the foregoing and desiring to make, execute and record the within Declaration, NOW, THEREFORE, in consideration of the matters above recited, for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Declarant, for the purposes of carrying ou5 the intentions above expressed, does hereby make known, admit, publish, formally covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the lamd and shall be binding upon itself, its heirs, executors, legal representatives, distribu~ees, successors, successors in interest and assigns, and purchasers and holders of said proper~y as follows, to wit: The Town of Southold does hereby represent and warrant that it is a municipality pursuant to the laws of the State of New York and that it ms authorized to enEer into this Declaration pursuant to a Town Board Resolution. Page 2 of 9 P~cm~ni~ Laadi~ ~es hereby represent a~d warrant that it is a NeW~York c~rp0~ati~n and autko~ized to do business in New York and ~hat its Board of Directors adopted a resolusion which authorize~ t~is Declaration and the obligations hereunder. 1~ ~e Declar~ant expressly co~e~an~s and agrees to pay or cause t~ be paid i~ full real property taxes, assessments and ad valorem levies on the enEire Peconic Landing project as the same respectively become due and, in particular; a) All real proper~y taxes, assessments, ad valorem levies and charges of any kind whatsoever assessed by the Town of Southold with respect 5o the property described in Schedule A. b~ All real property taxes, assessments, ad valorem charges and other charges of any kind whatsoever lawfully imposed by any governmental body for public improvements. 2. Declarant reserves the right to contest, in good faith, any such taxes, assessments, ad valorem levies and other charges, pursuant to Article 7 of the Real Property Tax Law ("RPTL"), except that the Declarant shall not claim any exemptions due Lo any designation as a not-for-profit corporation, association or noE- for-profit status. 3. Declarant, in the event that the Suffolk County Industrial Devetopmen5 Agency takes title to part or all of the parcel, will execute a Payment in Lieu of Taxes Agreement providing for Declarant, its successors and assigns, to pay an amount for the benefit of the various taxing jurisdictions, on the Peconic Landing Page 3 of 9 project equal tD~ hut no~ in excess of, that which would have been ~equirod to be paid by Declarant to all such taxing jurisdictions with, respect to the Peconic Landing project, and to pay such amoun.t as t~e ToWn of Southold determines Declarant would have kad to~ pay s~u.eh taxin%g jurisd~ictioP~ had tbs project been subject to the payme~t of real pr~pe~ty ~axes and assessments. a) Such Payment in Lieu of Taxes shall run with the land both with respect to the burdens and benefits created therein and shall be bin.ding upon and ~nure to the benefit of the successors and assigns of the respective parties. b) S~ch Payment in Lieu of Taxes shall permit the Declaran5 in good faith 5o conses5 such 5axes, assessmenss and ad valorem levies, except that the Declarant shall not claim any exemptions due to any designation as a not-for-profit corporasion or association or n~t-for-profit status. 4. The obligation by Peconic Landing Eo pay real property taxes as aforesaid shall continue as long as such taxes remain the basis f~r town, school and county funding; the obligation shall include all improvements made to the real properly described at Schedule A, whet~er such improvements are held in the name of Peconic Landing or any other person or entity deriving use, possession or title from Peconic Landing. 5. This Declaration shall not affect in any manner any exemption, reduction or relief from real property taxes, assessments or charges as provided by law and availakle 5o Page 4 of 9 re~i~s of the 250 residential ~nits, or any additional re~si~ential ~u~nits only ~ereafter approved and constructed~ 6. It is understood and agreed that the Town of Southold s~hatl ha~e the right 5o enforce all of the covenanss of this Declaration. 7. T~is Declaration shall run with the land, both as respecEs benefits and hurdems ¢~eated herein and shall be bin~/ng upon and in~re 5o the benefit of the parties and their respective successors, &ssign.s and ~ransferees. 8. This Declaration may not be amended, changed, modified, altered or terminated, unless such amendment, change, modification, alteration or termination is in writing and signed by the parties. 9. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Declaration shall for any reason be held or adjudged 5o be invalid or illegal or unenforceable by any courm of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, pro~ision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Declaration shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. Page 5 of 9 Z0. T~is ~laration may be simultaneomsly executed in several c~u~te~p.arts, each of which shall be aa original and all ~f which shall constitute but one and the same instrUmenu. 11. ~his Declaration shall be governed and construed in accor.d~nee with the laws of the State of New York. 12. This Declaration shall be recorded in th~ Office of the Suffolk C~nty Clerk pertaining to the real property desoribed in Schedule A hereto. IN WITNESS WHEREOF, the Declarant above named has executed the foregoin~g Declaration the day and year first above written. PECONIC LANDING AT SOUTHOLD, INC. B ' &t~ William G. Thompson, President TOWN OF SOUTHOLD - , Supervisor STATE OF NEW YORK ) ) SS. : COUNTY OF SUFFOLK ) On the ~ day of April, in the year 2000, before me, the undersigned, personally appeared WILLIAM G. THOMPSON, personally 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 no 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. Notary Public Page 6 of 9 CHARLES R. CUDDY Oomm~don Expires Deoember ~'I, STATE~ DF NEN ¥~K ~ I ss.: C~TY O~ S,UF~0LE ) On bhe 25thday of April in the year 2000~ before me, the undersigned, personally appeared JEAN COCHRAN, personally known 5o me, or proved, te~ me on the basis of satisfactory evidence, To be ~ i,~w~i~a"~I ~'S~ name ms subsczibed to the within instr~ent ~r,~ ~ ~ ~alf ~f Which the i~dividual acte~ ~e~uted the ~/Notary Public Pa~e 7 of 9 SCHEDUr~W. A ~2LL that certai~ pTot~ parcel or piece of land, situate, lying and bei. ng at Gr~enpott, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a g~r,anite monumenE fo,und on the northerly side of Main .~RQ, a~ {~¥S~ ~O~t~ 25~ at t?~e sou~I~w~ste~ly corner of land now or f ~f ~Oh~ ~a~i~akis ~ C~r~ian~,adiot~kis, fO~srly of H~.D~, t F~ey, b~a~. ~he ~t~easte~ly corner of the premms~ R,~.,L~N$~ ?~QE from ~aid point of beginning South 66 degrees 01 m~ ~,s,~,~ds West along the northerly side of Mai o~d ( ~uf&~ ~.),~ 6~16 f~et to a 'monument found amd land now or formerly of J~r~y ~, SeA, field and Frank Justmn McIntosh, THENCE along land now o~ formerly of Jerry H. Schofield and Frank J~st~ MoInto~h the f~llow~ng four (4) courses &nd d~stances. 1) North 1I degrees 31 minu~es 10 seconds West, 210.00 feet; 2} N~th iR.degrees 16 minutes 00 seconds West, 344.00 feet; 33 So%~th 65 degrees 47 minutes 10 meconds West, 213.3~ feet; and So~.th 19 degrees 16 minutes 0© sec~nd~ ~ast, 550.15 feet to the northerly side of Main Road (NYS Rout 2 ), THENCE along the northerly side of Main Road (NYS Route 25) the following two (2) courses and distances: 19 South 65 degrees 23 minutes 50 seconds West, 285.49 feet; and 2) So~th 66 degrees 36 minutes 40 seconds West, 589.52 feet to land now or ~ormerly of JEM Realty Co; THENCE along la~d now or formerly of JEM Realty Co. the following four (4) courses and distances: 1) Nerth 41 degrees 39 minutes 10 seconds West, 1084.54 feet; 2) North 65 degrees 07 minutes 50 seconds East, 376.40 feet; 3) North 32 degrees 28 minuses 10 seconds West, 982.87 feet; and 4) North 32 degrees 57 minutes 20 seConds West, 426.81 feeE 5o the agproximate high water mark of the Long Island Sound; T~ENCE along the approximate high water mark of the Long Island S~outh the following fourteen (14) tie-line courses and distances: 1) North 55 degrees 13 minutes 20 seconds East, 41.44 feet; Page 8 of 9 !~o..m~h &~. ~egre~s iM ~m~tes i8 seconds East, 162.82 fe~et~ ~*~C~ 53~ d~raes I2 minutes 47 secomds E~t, 85.49 feet; ~ ~nu~ss 38~ s~co~ Eas~: 156.5~ feet; ~. ~5 degrees 04: minutes 36 s~nds East~ 352.41 fe~t; ~eg~e~s 3~ minutes 59 seconds East~ 81.53 feet; 64 ~e~g~s ~0 minu~es 2t seconds East~ 163..50 feet; ~5 de-~ees 4~ ~utes 1~ seconds East~ 17~.29 feet; s ~'.~ds ~ast, 5D4.3I~ f~t band ~;f F~. K~ Jrt., and T%HEN~E..a!O~t, ~ n~ om f~rmerly of Floyd F. King, Jr. rhe f~itd~._~ fDu~lt.. {14) c~urs~e~s ~d dis~atlces: A0 s~econd~ East, 926.10 feet S~on~ East, 300.01 feet; ~ ~om~s East, 89.61 feet; 3~D s~O~ East, 33.68 feet; ~ ~cond~ West, 65.47 feet; $) s~BC~m~ East, 179.94 feet; ~ S~o~ EasE, 300.20 feet; ~ec~nd~ East, 100.00 feet; ~co~s West, 172.71 feet; ~co~ds East, 100.93 feet; ~com~ East, I00.15 feet; ~con~ East, 434.17 feet; ~coR~s East, 40.19 feet; and se~on~S West, 155.11 fee~; EN~ s.tiI! alo~.g ta~d now o~m f~rmerly ef Floyd F. King, Jr. and lon? la~ now or formerly of Johr~ Ab~diotakis and Christian ad:iota~is, SO~.t'h. 2~ degrees 34. minutes 30 seconds East, 805.00 feet tO tt~ ~rtherly side of Mfain Road (NYS route 25~ and the point o~ p!ace of BEGINNING. Page 9 of 9