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HomeMy WebLinkAboutL 13249 P 919 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 l l l l l l l l l l l l l l l l l l l l l l l l l l f l l f Illlll Iilll IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 05/22/2024 Number of Pages : 13 At: 11 : 36 :20 AM Receipt Number : 24-0066107 TRANSFER TAX NUMBER: 23-31343 LIBER: D00013249 PAGE : 919 District: Section: Block: Lot: 1000 012 . 00 01. 00 001 . 001 MORTGAGE TAX NUMBER: DP006125 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $65 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO Affidavit $0 . 00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $16.25 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Comm.Pres Fund $0 .00 NO Comm.Housing Fund $0 .00 NO Mort.Basic $0 .00 NO Mort.Addl $0 .00 NO Mort.SplAddl $0 .00. NO Mort. SplAsst $0 . 00 NO Fees Paid $326.25 TRANSFER TAX NUMBER: 23-31343 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County ( RECORDED Numberof pages L 2024 May 22 11:36:20 AM VINCENT PULED CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013249 Social Security Numbers P 919 prior to recording. DT#P23-31343 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES f Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-5217(County) Sub Total y Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. S2GO• co Held for Appointment Comm.of Ed. 5. DO Transfer Tax Affidavit • Mansion Tax The property covered by this mortgage is Certified Copy l!l► or will be improved by a one or two NYS Surcharge 15. 00 % ��2� family dwelling only. Sub Total YES or NO Other �- Grand Total .� If NO,see appropriate tax clause on age# of this instru 4 DISt. 5317192 1000 01200 0100 001001 )1.001 Community Preservation Fund Real Prop Rp T A Consideration Amount$ 0 T AgencyE. ,war-z III'I 'lll� IIII� II'll I CPF Tax Due $ 0 Verificatio _ Improved 6 Satisfactions/Discharges/Releases List Property Owners ailing Address RECORD 8 RETURN TO: Vacant Land STEPHEN L. HAM, III, ESQ. TD `O MATTHEWS&HAM TD ` 38 NUGENT STREET SOUTHAMPTON, NY 11968 TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity National Title Insurance Company www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached LICENSE AGREEMENT made by. (SPECIFYTYPEOF INSTRUMENT) FISHERS ISLAND WASTE MANAGEMENT DISTRICT The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD THE HENRY L.FERGUSON MUSEUM In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over LICENSE AGREEMENT LICENSE AGREEMENT, dated as of AP4a [ Z- , 2024, by and between FISHERS ISLAND WASTE MANAGEMENT DISTRICT, formerly known as Fishers Island Garbage and Refuse District, an improvement district of the Town of Southold, having its principal office at 2760 Whistler Avenue, Fishers Island, New York 06390 (the "Licensor"), and THE HENRY L. FERGUSON MUSEUM, a charitable corporation chartered by action of the Board of Regents of the State of New York, having its principal office at 1109 Equestrian Avenue, P. O. Box 554, Fishers Island, New York 06390 (the "Licensee") ; WITNESSETH : WHEREAS, the Licensor is the owner in fee simple of a certain parcel of real property situated at Fishers Island, Town of Southold, County of Suffolk and State of New York, having a Suffolk County Tax Map number of 1000-012.00-01.00-001.001 and being more particularly bounded and described in the deed attached as Schedule A hereto (the "Parcel"); and WHEREAS, a portion of the Parcel contains a historic coastal gun emplacement, bunker and related structures and open space with a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live; and WHEREAS, Licensor has determined that such portion of the Parcel is not necessary for any of the Licensor's operations; and WHEREAS, Licensor has further determined that the public benefit to be derived from the granting of a license pursuant hereto is ample consideration for the grant; and WHEREAS, the Licensor accordingly desires to grant to the Licensee and the Licensee desires to acquire from the Licensor an exclusive right to maintain, improve, restore, preserve, protect and manage that portion of the Parcel containing such structures and open space with natural habitat; NOW, THEREFORE, in consideration of the premises other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows- . 1. Grant of License. The Licensor does hereby grant to the Licensee a license, for the exclusive use by the Licensee, its invitees and guests over the portion of the Parcel described on Schedule B hereto (the "Licensed Area")in its "as is" condition for the purpose of maintaining, improving, restoring, preserving, protecting and managing the structures and open space with natural habitat located within the Licensed Area. 2. Term of License: Automatic Renewal. The term of the license granted hereunder shall be ten (10) years from the date hereof. The term shall be extended automatically for additional ten-year terms unless either party shall have terminated this Agreement by notice given to the other party within six (6) months prior to the expiration of any ten-year term. Notwithstanding the foregoing, the Licensor reserves the right to terminate the license granted hereunder upon six (6) months notice to the Licensee in the event that a majority of the Board of Commissioners of the Licensor has made a reasonable determination the Licensed Area is required for Licensor's operations. 3. No Interference or Inconsistent Use. The Licensee covenants and agrees that its use of the Licensed Area will in no way interfere with the Licensor's use of or operations on the balance of the Parcel. The Licensee shall not itself or permit others to use the Licensed Area for any purposes that would be inconsistent with the maintenance, improvement, restoration, preservation, protection or management of the structures and open space with natural habitat located within the Licensed Area. 4. Certain Permitted Actions. Not intending to limit the generality of the purpose of the grant of license in Section 1 or of the actions the Licensee may take pursuant thereto, but subject to the restrictions on inconsistent uses in Section 3, during the term of this Agreement the Licensee may, at its sole cost and expense, make such improvements and take such other actions as it shall in its sole discretion deem necessary or advisable to enhance the security of the Licensed Area and its safe accessibility by the public, which said improvements may include (but are not necessarily limited to) (a) the creation of recreational paths and (b) the restoration of and the installation of safety and educational features in and around the structures in the Licensed Area, including fences and signage and interpretative signs and exhibits. 5. Responsibility for Permits. Prior to taking any actions pursuant to its grant of license hereunder, the Licensee shall secure, at its sole cost and expense, all required permits and approvals, if any, from those governmental authorities with jurisdiction over the proposed actions. 6. Insurance. For so long as this Agreement shall remain in full force and effect, the Licensee shall secure and maintain, at its sole cost and expense, a general liability insurance policy with coverage limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate; provided, however, that if a policy with such coverage limits is not available on commercially reasonable terms, then the Licensee shall secure and maintain a policy with the maximum coverage limits that are available on commercially reasonable terms. The Licensee shall cause the Licensor to be named as an additional insured on such general liability policy and, upon request by the Licensor, provide the Licensor from time to time with Certificates of Insurance evidencing its continuing compliance with the requirements of this Section 6. 7. General Release. The Licensee releases and discharges the Licensor from any and all liability for death, injury, loss or damage to the Licensee and every member, employee, agent or other representative of the Licensee arising out of its use of or presence upon the Licensed Area pursuant to the terms of this Agreement except to the extent such liability is caused by or results from the gross negligence or willful misconduct of the Licensor or any persons or entities for which the Licensor is responsible. 8. Notices. Any notice a party desires or is required to deliver hereunder shall be delivered in writing in one of the following manners, subject to the last sentence of this Section 8: (a) by certified mail, return receipt requested, or by United States Postal Service Express Mail, postage prepaid, at the mailing address of the party to be notified set forth on the first page of this Agreement; or (b) by FedEx, UPS or some other reputable courier service, charges prepaid, at the physical address of the party to be notified set forth on the first page of this Agreement. If the mailing address or physical address of a party shall no longer be current at the time a notice is to be delivered, it shall be delivered at that party's then current mailing or physical address, as the case may be. 9. Miscellaneous. (a) This Agreement shall be recorded in the Office of the Suffolk County Clerk at the Licensee's expense. The Licensor shall make reference to this Agreement and to the date, Liber and Page of its recording in any future deed or other legal instrument conveying any interest in the Parcel. (b) This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no successor to or assignee of the Licensee shall have any rights hereunder except to the extent approved by the Licensor in writing. (c) This Agreement embodies the entire agreement and understanding of the parties hereto and supersedes all prior agreements and understandings, written or oral, relating to the subject matter hereof. (d) This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same instrument. (e) This Agreement shall be governed by and construed in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the undersigned have executed this License Agreement as of the day and year first above written. FISHERS ISLAND WASTE MANAGEMENT DISTRICT By _ IM= David C. Burnham, Chairperson THE HENRY L. FERGUSON MUSEUM By Robert J. Miller, Vice President - Land Trust State of New York, County of Suffolk ss.: On the Inay of April in the year 2024 before me, the undersigned, personally appeared DAVID C. BURNHAM 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 to me that She executed the same in he'scapacity, and that by hit signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. D5: (sig)qature aild office of individual taking acknowledgment) Notary Public, State of New York FISHERS ISLAND WASTE MANAGEMENT DISTRICT By David C. Burnham, Chairperson THE HENRY L. FERGUSON MUSEUM By Robert . Miller, Vice President- Land Trust State of New York, County of Suffolk ss.: On the day of April in the year 2024 before me, the undersigned, personally appeared DAVID C. BURNHAM 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 to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (signature and office of individual taking acknowledgment) Notary Public, State of New York State of Connecticut, County of Fairfield ss.: On the 0 day of April in the year 2024 before me, the undersigned, personally appeared ROBERT J. MILLER 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 to 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. (signature and office of individu taking acknowledgment) Notary Public, State of Connecticut PATRICE S. REILLY Notary Public, State of Connecticut My Commission Expires Oct 31,202& SCHEDULE A TO LICENSE AGREEMENT [Description of Entire Parcel] ALL that certain plot,piece or parsri of land, with the buildings and improvements thereon erected, situate, lying and being W)dl9cat Fishers Island, Town of.Southold, County of Suffolk and Stste of Naw York, being bounded and described as follo:vs:" BEGINNING at a monument at the intersection of the Northwesterly and ' Of Fox Lane with the Northeasterly•line of said lane, said'monument being 151.20 feet South of a point which is.6906 feet Nest of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 50 degrees- 48 inlnutes West 100.0 feet along the end of said Fox Lane to a monument; thence contlnuing South 50 degrees 48 minutes West 70.00 feet to a point; thence South 39 degrees 12 minutes 00 seconds East 165.00 feet to an Iron pipe; thence South 69 degrees 18 minutes 54 seconds East 95.00 feet; thence South 30 degrees 31 minutes 31 seconds East 105.47 feet to a point; thence North 64 degrees 02 minutes 43 seconds East 55.0D feet to the Southwesterly Ilne of said Fox Lane at a point of a curve to the left having a radius of 170.60 feet and the direction of whose' radius at that point is North 64 degrees 02 minutes 43 seconds East; thence Southeastwardly along said road following the arc of said curve for a distance of 92.38 feet to a monument; thence South 56 degrees 57 minutes East' 160.91 feet to a monument; thence South 22 degrees 47 minutes East 125.00 feet to an iron pipe; thence South 67 degrees 13 minutes West 329.2 r feet to a point; thence North 22 degrees 47 minutes West i25.00 feet to a point; thence South 67 degrees 13 minutes West 712.05 feet to a drill hole In a boulder at the shore of Fishers Island Sound; 'thence following the meanders of said shoreline or, the following five courses- 'North 12 degrees 36 „inuzes eds: 263.5 feet to a drill hole-in a boulder; North 57 degrees 2i minutes East 216.3 feet to a point; North 18 degrees 38 ininutes East 291.9 feet to a point; North 3 degrees 4D minutes West 222, 8 feet to a drill hole In a boulder and North 21 degrees 47 minutes East 221.5 feet to a point; thence South 62 degrees 08 minutes East 210.67 feet to a point; thence South 10 degrees 14 minutes Least 84 degrees 28 minutes East 84.28 feet to the monument at the point of beginning. Containing B. 75 acres, more or less: SUBJECT to the rights in favor of the Utility Companies to maintain any existing or future utilities which cross, or may cross, the above described tract, provided that the same are not inconsistent with the use of the premises for the purpose's of the grantee. SUBJECT to the right of the party of the First part to use such portions of the above described premises as are not required to be used by the party of the second part for its purposes. This conveyance is made upon the express condition that the above described premises be used only for the purposes of the grantee. SCHEDULE B TO LICENSE AGREEMENT [DescriptionlSkeb*of Licensed Area] Waste Mangement to Henry L. Ferguson Museum All that certain tract or parcel of land located on the Southwesterly side of Fox Lane, lying and being at Fishers Island,Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point in the Southwesterly line of the herein described tract, said point being on the dividing line of the grantor herein and land now or formerly of the Town of Southold, and being located 856.20 feet South of a point which is 7055.86 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Pros"; and thence running South 67' 13' 00" West 494.67 feet to a point, the last line abutting Southwesterly on said land now or formerly of the Town of Southold; thence North 12' 36' 00" East 263.50 feet to a point;thence North 57' 21' 00" East 216.30 feet to a point; thence North 18' 38' 00" East 291.90 feet to a point; thence North 03°40' 00" West 222.80 feet to a point;thence North 21° 47' 00" East 221.55 feet to a point, the last five lines running along Fishers Island Sound;thence South 62'08' 00" East 111.79 feet to a point, the last line abutting Northeasterly on land now or formerly of Fishers Island Ordnance LLC; thence South 070 04' 20" West 238.42 feet to a point; thence South 39' 12' 00" East 165.00 feet to a point,the last line abutting Northeasterly on land now or formerly of Fishers Island Community Center Inc.; thence South 37'48' 30" West 288.73 feet to a point; thence South 13'34' 39" East 249.09 feet to the point and place of beginning. Containing 4.88 acres, more or less.