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�Q��S�FF©Lkell A N Z" �y� • ao� D D � [DOMD SEP 2 12023 SUPERVISOR'S OFFICE Office of the Town Attorney TOWN OF SOUTHOLD Town of Southold �i� � Town Hall Annex, 54375 Route 25 P.O. Box 1179 glagl a-3 Southold, New York 11971-0959 Telephone : 631-765-193 9 Facsimile: 631-765-6639 MEMORANDUM To: Lauren Standish From: Missy Mirabelli, Secretary to Town Attorney Date: September 21, 2023 Subject: 12655 Sound Ave, Mattituck—James King Tringle of land ( Drainage ro'ect Please be advised that Paul has reviewed and approved the attached Real Estate Closing Documents in connection with the referenced matter. In this regard, kindly have Scott sign were indicated and return to me for processing. If you have any questions regarding this matter, please do not hesitate to call me. Thank you for your assistance. mmm Zenith Abstract, LLC 85 South Main Street, Sayville, NY 11782- Phone No.631-828-8777• Fax No.631-828-8779 Title No.: ZA-9421-23 P7LE C"L IN%1010E Client: Paul M DeChance,Esq. 'Applicant: TOWN OF SOUTHOLD Closing Date: 05/24/2023 at 8:00 AM Salesperson: Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist.1000 Sec.141.00 Block 04.00 Lot 010.000 Owners: DIANE COTUGNO and JAMES KING Buyers: TOWN OF SOUTHOLD HARGE DESCRIPTION B.IJYER(S);..':•` SEL`LER(S) LENDER(S);. '-TITLE POLICIES AND.INF6F gATION• Policy Premiums: Fee Simple Policy for$40,000.00 Owners Policy Premium $352.00 (Premium$352.00) • Underwriter Compensation$60.30, EndOrsemeilts = Title Agent Compensation$341.70 Owners Waiver of Arbitration Owners $50.00 Property Type is Residential Vacant Land 1 Family • *Title Company may charge $100.00 per hour if the closing is longer than 2 hours,if the closing is Ftecording:TaXes: ::• :.:.s :.' <"<<:•c,:;' after 5 PM or takes place on :: •,.; Transfer Tax New York State(TP584) $160.00 weekends. This charge shall be Transfer Tax Peconic Bay Region paid by a separate check at the closing and be made payable to the title company. Recor'd'i'E'6es; Underwriter:Stewart Title Insurance Deed Recording(3p+Coversheet) $520.00 Company • +items are subject to NYS Sales Tax Escrows' 2nd half 2022/23 Town&School Taxes (good to 9/30) $187.23 Othet.Ctiarges `•. Escrow Service Charge $500.00 Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches + $400.00 Bankruptcy Searches + $90.00 Patriot Name Search + $90.00 Sales Tax Suffolk-8.625% $50.03 T07ALTOZenithAtistract,LLG'`:'.'' :00 :� ' .GRAND707AL•'$,2,554:7 •DISCLOSURE;INFORMATt.ON. ' - •• •:.:;: •�'• •:�� NOTICE: Title costs for this transaction may include charges for certain services not specified in the state approved Rate Manual and are provided by this Company at the request of your lender or attorney. • J Printed on 08/24/2023 11:57:48 AM (Continued on next page). Page 1 of 2 Zenith Abstract, LLC 85 South Main Street,Sayville, NY 11782• Phone No.631-828-8777• Fax No.631-828-8779 For Company Use Only: :CHECK FRON!%TO'' '' ..'"' > ':= CHECK N0.: .r' COMPANY PAYMENT' DIRECT PA1ftNIEN TOTAL, Printed on 08/24/2023 11:57:48 AM Page 2 of 2 Vendor No. Check No. Town of Southold, New York - Payment Voucher 25068 Vendor Name Vendor Address Entered by Zenith Abstract 85 South Main Street Vendor Name Audit Date Sayville,NY 11782 SEP 1 2 2023 Vendor Telephone Number 631-434-3300 4own e:rA Vendor Contact Invoice Invoice Invoice Net Purchase Order Number Date Total Discount Amount Claimed Number Description of Goods or Services General Ledger Fund and Account Number Title Charges/Expenses for 2022-997 8/24/2023 $2,394.74 $2,394.74 purchase of 12655 Sound Ave H.8540.2.100.150 Totals: $2,394.74 $2,394.74 Payee Certification Department Certification The undersigned(Claimant)(Acting on behalf of the above named claimant) I hereby certify that the materials above specified have been received by me does hereby certify that the foregoing claim is true and correct,that no part has in good con ''on without substitution,the services properly been paid,except as therein stated,that the balance therein stated is actually performed and tha he q antities thereof have been verified with the exceptions due and owing,and that taxes from which the Town is exempt are excluded. o discrep ncies no and payment is approved. Signature Title Signature Company Name Date Title LDate O� TP-584(9/19) Recording office time stamp Department of Taxation and Finance OR Combiners Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1, Instructions for Form TP-584,before completing this form.Print or type. Schedule A—Information relating to conveyance — Grantorffransferor Name(if individual,last,first,middle initial)(❑ mark an X if more than one grantor) Social Security number(SSN) ❑ Individual Cotugno, Diane&King,James ❑ Corporation Mailing address SSN ❑ Partnership 220 East Mill RD ❑ Estaterfrust City State, ZIP code Employer Identification Number(EIN) ❑ Single member LLC Mattituck NY 11952 ❑ Multi-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EINor SSN ❑ Other ranteeffrans eree Name(ifindividual,last,first,middle initial)(❑ mark an X/fmore than one grantee) SSN' ❑ Individual Town of Southold ❑ Corporation Mailing address SSN ❑ Partnership P.O. Box 1179/54375 Main RD ❑ Estate/Trust City State ZIP code EIN ❑ Single member LLC Southold NY 11971 11-6001939 ❑ Multi-member LLC Single member's name if grantee is a single.member LLC(see instructions) Single member EIN or SSN ❑ Other Location and description of property conveyed Tax map designation— SWIS code Street address City,town, or village County Section, block&lot (six digits) (include dots and dashes) 1000-141.00-04.00-010.00 12655 Sound Ave Mattituck Suffolk Type of property conveyed (mark anXin applicable box) 1 ❑ One-to three-family house 6 ❑Apartment building Date of conveyance Percentage of real property 2 ❑ Residential cooperative 7 ❑Office building conveyed which is residential 3 ❑ Residential condominium 8 ❑Four-family dwelling real property—% 4 XVacant land 9 [:]Other month \ day year (see instructions) 5 ❑ Commercial/industrial Condition of conveyance f.❑ Conveyance which consists of a I. ❑ Option assignment or surrender (mark an X in all that apply) mere change of identity or form of a. ❑ Conveyance of fee interest ownership or organization(attach m.El Leasehold assignment or surrender Y Form TP-584.1,Schedule F) b. ❑ Acquisition of a controlling interest state n. ❑ Leasehold grant q 9� ( g.❑ Conveyance for which credit for tax percentage acquired %) previously paid will be claimed(attach o. ® Conveyance of an easement Form TP-584.1,Schedule G) c. ❑Transfer of a controlling interest(state p. ElConveyance for which exemption percentage transferred %) h. El Conveyance of cooperative apartment(s) from transfer tax claimed (complete Schedule B, Part 3) d. ❑ Conveyance to cooperative housing i. ❑ Syndication corporation q. ❑ Conveyance of property partly within and partly outside the state e. ❑ Conveyance pursuant to or in lietliof J• El Conveyance of air rights or foreclosure or enforcement of security development rights r. ❑ Conveyance pursuant to divorce or separation interest(attach Form TP-584.1,Schedule E) k. ❑ Contract assignment s. El Other(describe) For recording officer's use Amount received Date received Transaction number Schedule B,Part 1 $ Schedule B,Part 2 $ Page 2 of 4 TP-584(9/19) ..Schedule t3—Real estate transfer tax return (Tax Law Article 31) Part 1 —Computation of tax due 1 Enter amount of consideration for the conveyance(If you are claiming a total exemption from tax,mark an X in the Exemption claimed box,enter consideration and proceed to Part 3)................................❑ Exemption claimed 1. 4000000 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien)........................................... 2. 000 3 Taxable consideration (subtract line 2 from line 1) ................................................................................................... 3, 000 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3........................................................ 4. 5 Amount of credit claimed for tax previously paid (see instructions and attach Form TP-584.1, Schedule G) ............... 5. 6 Total tax due*(subtract line 5 from line 4) ................................................................................................................ 6, 760100 Part 2—Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part 1,line 1)....................................................................... 1. 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property,as shown in Schedule A)... 2. 3 Total additional transfer tax due*(multiply line 2 by 1%(.01)).................................................................................. 3. Part 3—Explanation of exemption claimed on Part 1, line 1 (mark an X in all boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America, New York State, or any of their instrumentalities,agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact El anotherstate or Canada)............................................................................................................................................................ a b. Conveyance is to secure a debt or other obligation............................................................................................................................ b ❑ c. Conveyance is without additional consideration to confirm, correct, modify,or supplement a prior conveyance............................... c ❑ d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realtyas bona fide gifts..................:.................................................................................................................................................... d ❑ e. Conveyance is given in connection with a tax sale............................................................................................................................. e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1, Schedule F.................................................................... f ❑ g. Conveyance consists of deed of partition........................................................................................................................................... g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act............................................................................................................. h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property, or ❑ the granting of an option to purchase real property,without the use or occupancy of such property................................................. i j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment....................................................................................................................................... j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31, § 1401(e) (attach documents supportingsuch claim) ........................................................................................................................................................................... k ❑ * The total tax(from Part 1, line 6 and Part 2, line 3 above) is due within 15 days from the date of conveyance.Make check(s)payable to the county clerk where the recording is to take place. For conveyances of real property within New York City, use Form TP-584-NYC. If a recording is not required,send this return and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-0045. If not using U.S. Mail,see Publication 55, Designated Private Delivery Services. Page 3 of 4 TP-584(9119) S-chedule C—Credit Line Mortnaae Gsrtific?tP (T.px 1-mAl Article. 11) Complete the following only if the interest being transferred is a fee simple interest. 'This is to certify that: (mark an X in the appropriate box) 1. � The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: a ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant, a tenant in common or otherwise)immediately before the transfer. b ❑The transfer of real property is(A)to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). c ❑The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee, or other officer of a court. d ❑The maximum principal amount secured by the credit line mortgage is$3 million or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Note:for purposes of determining whether the maximum principal amount secured is$3 million or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. e ❑Other(attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: a ❑A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. b ❑A check has been drawn payable for transmission to the credit line mortgagee or mortgagee's agent for the balance due,and a satisfaction of such mortgage will be-recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded.) Signature(both the grantors and grantees must sign) The undersigned certify that the above information contained in Schedules A, B, and C, including any return,certification,schedule, or attachment, is to the best of their knowledge,true and complete,and authorize the person(s)su itting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. �� v- Grantor signature Title Grantee signature Title Grantor signature Title Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C?Are you required to complete Schedule D?If you marked e, f,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s) made payable to the county clerk where recording will take place? If no recording is required, send this return and your check(s), made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,Albany NY 12205-0045. If not using U.S. Mail, see Publication 55, Designated Private Delivery Services. Page 4 of 4 TP-584(9/19) ,,Sr,.ho.dide—Q. Certification of exemption.from th_e payment.of estimates♦ personal income tax(Tax L•aw,.ArtirrJe.,?2,-§•663).,:.,- Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding, proceed to Part 2, mark an X in the second box under Exemption for nonresident transferors/sellers,and sign at bottom. Part 1 —New York State residents If you are a New York State resident transferor/seller listed in Form TP-584, Schedule A(or an attachment to Form TP-584),you must sign the certification below. If one or more transferor/seller of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed, photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors/sellers This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor/seller as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law§663(a) upon the sale or transfer of this real property or cooperative unit. Signatur Print full name Date Signature U Print full name,��f� f y '� Date 6111 Signature Print full name Date Signature Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law§685(c), but not as a condition of recording a deed. Part 2—Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Form TP-584, Schedule A(or an-attachmentto Form TP-584)but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law§663(c), mark an X in the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor/seller,that transferor/seller is not required to pay estimated personal income tax to New York State under Tax Law§663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal income tax, on Form TP-584-I, page 1. Exemption for nonresident transferors/sellers This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor/seller(grantor)of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law §663 due to one of the following exemptions: The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from to (see instructions). Date Date ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee is an agency or authority of the United States of America,an agency or authority of New York State, the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature Print full name Date J '75 VD ZR tw ems•.,. .':< �_��, ,i"rr'€.� •�N-A�''+�„xw�+ f�ii# "�'���' .;4Gy'$xaf"Y(.^ i.Y A+^ '.+v'; $-^.a v`8 rc ' :, rt.Yt';.-£,'- . .: ,44 3 .�,,.�- ( d'=J 3',.,•f r,Yw ,.yy,}K "sd2Q`E3Cl2IDi %w, /L/?(/ .✓��-�'�.`: 'F«. ' _ _ "1"%%�yq�,;.6'. .t,•':.�I'tllW,�'.':•,rr':,yY�,`�.p•S>.{;;:.�<�.p��,�;. ✓'i�r°:�%�=ac�� ���}� 4:f f:::,ten. �,v>>-.,> _ .S%`d.S`•';' -[.r ��W;' �•�+K t�`i'j'+'tt '�.' _ ,:s',� �n ,�;�s rY'�. �•I""`6�.`^'' i5 i a t':°`�i'.—.r• r� ' '`�"�'�;.; tip; :�z�`-.� �r4`�.�.s+ °;`,�:�Y=— k'�?y;Yj�:.,t�'�z,...;..,,N?';;. #;„�'S ���; ,�:'.:? f,:.w„Y{�,y.:=a�`��`:��{.u.4w;`^•Irr'.5§1""{,� rl..�1�.:v mow}.,�`rT� ��1 �}Qj'.1oi9a!f..C6gl`h4�'djy:;k�•a;-•r.°:: - .,., ; .u!/(RW f ,.xy i.=-%',�i`. •,•.:°;i: ':is� -'•1 W'.::t`�h..:.'n'r,:=:.�--.""'�-�.". ":.:. , „�:. .'z''�""';„�'.Y�Y ICIi1di Abstract,act, LU' "'....... r' 85 South Main Street,Sayville,NY 11782•Phone No.631-828-8777•Fax No.631-828-8779 Title t: Paul 21-23 M DeC ki ri L I 1"Fi`trti INVOICE Client: Paul M DeChance,Esq. [� �{ Applicant: TOWN OF SOUTHOLD Closing Date: 05/24/2023 at 8:00 AM Salesperson: r Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist 1000 Sec.141.00 Block 04.00 Lot 010.000 Owners: DIANE COTUGNO and JAMES KING Buyers: TOWN OF SOUTHOLD `T BILME (S)': CENDER(S), ;_,TITLE POLICIES'AND.INFORMATION P011ey£piemlums. #i=. Fee Simple Policy for$40,000.00 Owners Policy Premium $352.00 (Premium$352.00) " Underwriter Compensation$60.30, Endotsemeists?" ?" `i: r.=;:= 77= Title Agent Compensation$341 70 Owners Waiver of'Arbitration Owners $50.00 _.I• Property Type is Residential Vacant Land 1 Family *Title Company may charge I $100.00 per hour if the closing is longer than 2 hours,if the closing is RLLee ofdingiaze `> _` after 5 PM or takes place on Transfer Tax New York State(TP584) K $160.001 weekends.This charge shall be Transfer Tax Peconic Bay Region paid by a separate check at the closing and be made payable to the I title company. RCCOldiilg Fe23; `•,` ", ,':"`, ,:°r, _ c:'t;;f;-,.;,.?;^:';',': ;t.:, Underwriter.Stewart Title Insurance Deed Recording(3p+Coversheet) $520.00 Company +items are subject to NYS Sales Tax 2nd half 2022/23 Town&School Tax(due n $15165 5/1) Escrow Service Charge -$50.00 Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches + '$400.00 Bankruptcy Searches + $90.00 Patriot Name Search + $90.00 Sales Tax Suffolk-8.625% $50.03 TOT4'36 gKW,Abscracf'LtiC:-r'.;_,-.; <_7 53„409aS DI$CL'OSUREt1NFARMATiON ' NOTICE:Title costs for this transaction may include charges for certain services not specified in the state approved Rate Manual and are provided by this Company at the request of your lender or attorney. Printed on 05/0l/2023 1:32:10 PM (Continued on next page). Page 1 of 2 Ac;�Glliih Alasti*act, LLG 85 South Main Street,Sayville,NY 11782-Phone No.631-828-8777-Fax No.631-828-8779 For Company Use Only.. CiiECIC FRqWTO 'A Printed on 05/0.1/2023 1:32:10 PM Page 2 of 2 Zenith Abstract, LLC as agent for Stewart Title insurance company STATE OF NEW YORK ) - TITLE NO:ZA-9421-23 dk )ss. COUNTY OF,S } DIANE COTUGNO and JAMES KING,being duly sworn according to law deposes and says: I reside at c7@D E05,+ M i I t �,�Od t 1 U and am/are the owner(s)in fee simple of premises known as 12655 Sound Avenue,Mattitu ,N.Y.more particularly described in the above numbered title insurance commitment;and 1. That I am/We are the same person(s)as the grantee of said premises who acquired title by deed recorded in Liber(Reel/CRFN 11`9g4' page cDQ8 and the same party/parties as is/are certified in the Schedule A of said title insurance commitment. 2. That I am/we are the grantor herein and amlare not a foreign-alien person: 3. That since the time Uwe acquired title,its possession thereof has been peaceable and undisturbed,and the title thereto has never been disputed,questioned or ejected,nor insurance thereof refused. I know of no facts by reason of which said possession or title might be called into question,or by reason of which any claim to any part of said premises or any interest herein adverse to it might be set up. No proceedings in bankruptcy have ever been instituted by or against it in any court. There are no federal tax claims or liens assessed or filed against it.There are no judgments against it unpaid or unsatisfied of record entered in any court of this state,or of The United States,and said premises are,as far as I know, free from all claims,rights,liens,encumbrances and defects in title except those set forth in the title report. 4. That the legal formation of the entity remains in full force and effect and no proceeding is pending for its dissolution or annulment. That all state and local taxes and/or fees due and payable by said entity have been paid in full. That there have been no changes to the entity articles and agreements submitted to the Company for consideration. (strike if inapplicable) 0nitial) That there are presently (25 tenants in said premises. Each of said tenants,if any,is either (a)in possession under a lease containing a standard subordination clause fully and unconditionally subordinating said lease to all existing and future mortgages,or(b)is a statutory tenant. All persons in possession are in possession as tenants only. There are no assignments of rent,options to purchase or rights of first refusal either pursuant to written leases or by separate agreements. OR [ ] (initial),Said premises is a one family dwelling wholly occupied by me and my immediate family with no other persons in possession and no outstanding leases. All persons in possession are in possession as tenants only. There are no options to purchase or rights of first refusal either pursuant to written leases or by separate agreement. 6. That it has never received a notice for sidewalk repair,'installation and/or capital improvement. 7. That Uwe have not been known by any other name for the last ten years except I ,and there are no judgments,environmental control board judgments,parking violations bureau judgments,and other special municipal judgments,Federal or State liens or warrants against me,and any and/or all of the foregoing appearing in the above captioned report of title are not against your deponent,but against a party of the same or similar name and that I have never resided,worked at or done business,at any of the addresses stated Insaid report: ](ihitial) The judgments and/or yens returned herein are not against the deponent but someone of a similar name. 6: That no work has been done upon the premises that may result or has resulted in the filing of a mechanics lien within the permissible period for filing. 9. That there are no street vaults,openings under the sidewalk,sidewalk notices and/or assessments regarding the repair or installation of sidewalks or curbs. 3 r 10. That all water charges are paid and current,and if not I/we agree to pay same promptly and hold harmless and indemnify (he title company for omittina same. r ](initial) i hat 1i18re is nJ rEai es +ie tax axzrrption ur abatement. FOC( (initial) That the granfor herein fs the party ehtitled to the tax exemption,to wit:a exemption or,abatement: i 12. No proceedings in bankruptcy have ever been instituted by or against me nor have ever made an assignment of rents of said premises or an assignment for the benefit of creditors. 13. No other valid Contract of Sale exists for the within described premises other than the one executed between the sellers and buyers herein. .J4• [ ](initial) There is a private meter currently servicing the premises described herein. ](initial) There is a meter servicing the premises described herein.Meter# Deponent has not received any notices concerning outstanding water and sewer charges. 15. (strike if inapplicable) That said property is encumbered with that certain mortgage between (Mortgagor)and (Mortgagee)in the amount of dated and recorded in Liber/ReeUCRFN at page That I/we have not made any payments or said mortgage or the obligation thereunder,that not demand has been made for payment thereunder by the mortgagee or anyone on their behalf and no action has been threatened or commenced to foreclose the mortgage or to collect the mortgage debt. If Agent/Underwriter is required to obtain a duplicate satisfaction and record same that I/we will pay for the duplicate satisfaction,if necessary,and for the recording of same up to a cost not to exceed$850.00. 16.That if the amount requested to pay off any existing debts is insufficient,I/we agree to immediately pay any additional funds necessary to satisfy the debt. 17. That I make this affidavit to induce Stewart Title Insurance Company to insure title to the aforesaid premises knowing they will rely upon the foregoing statements and that this affidavit is made under penalties for pedury. 18. I/We hereby agree to indemnify Zenith Abstract,LLC and Stewart Title Insurance Company for all loss,cost or damage which it may sustain as a result of any statements in this affidavit being false or fraudulent. 19. 1 authorize the Agency to retain any recording overage under$10.00. 20.That my/our Social Security Numbers are correct on the TP-584 form accompanying the Deed of even date herewith,or,if this is a refinance,correct on my 1003 Uniform Loan Application provided to Lender 21.All photographic identification we have supplied(see copies)is authentic. 22. I/we hereby represent that wherever I/we have affixed my/our signature in connection with this transaction(including but not limited to any instruments to be recorded such as a deed or mortgage,Powers of Attorney,etc.)same has been acknowledged live and in-person and NOT remotely or online. 1 Sworn to before me on ---- 0_F M y,aoa3 NOTARY PUBLIC ' N•Jt,r•-'um p-^ Nif1:,�i, • .• Zenith Abstract,LLC as agent for Stewart Title Insurance Company NEW YORK CITY EXCEPTIONS AFFIDAVIT STATE OF NEW YORK ) TITLE NO:ZA-9421-23 crrr COUNTY OF SU } DIANE COTUGNO and JAMES KING,(each)of full age,being duly swom according to law,deposes and says: 1. That I am the owner of premises known as 12655 Sound Avenue,Mattituck,N.Y.more particularly described in the above numbered title insurance commitment;and 2. That there has been no work done upon the premises described in Schedule A by the City nor has the City made any demand for any such work that may result in charges by the New York City Department of Rent and Housing Maintenance, or charges by the New York Department of Environmental Protection for water tap closings or any related work,whether or not such charges are liens against the property which the policy insures. 23.That no fee for an inspection,reinspection,examination or service performed by the Department of Buildings have been levied,)charged,created or incurred that may become a lien on the premises described in Schedule A of the aforesaid title report.(See Section 26-128 of the Administrative Code of the City of New York. 24. That there are no other liens issued pursuant to the Administrative Code of the City of New York,for emergency repairs or otherwise,which may affect subject premises. 25. That there are no street vaults abutting the premises described in Schedule A. That I make this affidavit to induce Stewart Title Insurance Company to insure title to the aforesaid premises. Sworn to before onof NOTARY PUBLIC }�„raa::ltiflfP/I 8'6tt..:9fi ti sel`i.a y 1 SURVEY AFFIDAVIT (One to four family residential dwelling) TITLE NO. ZA-9421-23 PREMISES 12655 Sound Avenue,Mattituck NY SELLER/BORROWER DIANE COTUGNO and JAMES KING COUNTY Suffolk STATE OF NEW YORK Seller(s)/Borrower(s),of full age,being duly sworn,depose(s)and say(s): 1. I Me reside at the premises described above; I/We are the owners of said property;the said property is not subject to a land contract of sale;and there are no other tenants except as follows: 2. I/We are unaware of any judgment,encumbrance or lien on the premises or of any federal tax lien outstanding against me/us and I/We are currently not in bankruptcy. No claim has been asserted of any right in or title to the insured premises,nor of any defect in my/our title or interest therein not shown as an exception to the title report. 3. There has not been any dispute with any neighbor with respect to the locations of any structures or our property lines. 4. That the structures have been in existence in their current condition for at least two years. 5. This affidavit is made to induce Stewart Title Insurance Company to issue a title insurance policy covering the property. 6. That I/We have owned the premises"since ll,(,fu a (QQg 7. That none of the improvements on structure lie within the bed of Sound Avenue,or any other street. — sS+lt �ao33 Seller/Bortower Dale ' Selle arrower Dale Subscribed and Swom,before meq41tS (i-rh dad of 'm9 a0 NOTARY PUBLIC i ii„i$.:lP it1IFFFgr Iy Zenith Abstract,LLC c;r.-;:G, I=`h,..Er` 85 S.Main Street ' co r+y"` Sayville,NY 11782 \ 'Y• _ TP-584(9/19) Department of Taxation and Finance Recording office time stamp Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-584-1,Instructions for Form TP-584;before completing this form.Print or type., Schedule A—Information relating to convdyance GrahtdrlTrarisferor Name(ifindividual,last,first,middle initial)(E-j mark an Xifmore than one grantor) Social'Securlty*number(SSN) El Individual [Cotugno,Diane,&King,James •Corporation Mailingaddress' SSN •Partnership 220 East Mill RD [3 EstatefTrust city State ZIP code Employer Idenfification Number(EIN) 7 Single member LLC Mattituck NY 11952 ❑Mufti-member LLC Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN Other rantee/i ran StOree Name(ifindividual,last,first.nriddleinitiao(C]mark an X if more than one grantee) SSN - ----- F-1 Individual Town of Southold [-]Corporation Mailing address SSN E]Partnership P.O.Box 1179154375 Main RD F-1 Estate/Trust city State ZIP code EIN E]Single member LLC Southold - NY 11971 1"001939 E]Mufti-member LLC Single member's name if grantee is a single member LLC(see instructions) Single member ON or SSN E]:0ther Location and:description of property conveyed, Tax map designation- SWIS code Street'address City,town,or village County Section,block&lot (six digits) (include dots and dashes) .......... 1000-141.00-04.00-010.00 12655 Sound Ave Mattituck Suffolk Type of property conveyed(mark an Xm applicable box) I El One-.t6'ftee-fafnily house 6 El Apartment building Date of conveyance Percentage of real property 2 11 Resid6ntiMcoop6rative 7 Q Office building conveyed which is residential 3 El Residiantialc6ndominitim 8 El Four-family dwelling 1 1 real gay yea, property 4 X Vacant land ' ' ' 9 ElOther (see instructions) 5 El Commerciallindustrial Condition of conveyance f.0 Conveyance which consists of a I.El Option assignment or surrender (mark an X in all that apply) mere change of identity or form of ownership or organization(attach m.0 Leasehold assignment or surrender a. 0 Conveyance of fee interest Form TP-584.1,Schedule F) b. 0 Acquisition of a controlling interest(state g.El Conveyance for which credit for tax n.0 Leasehold grant percentage acquired previously paid will be claimed(attach o.[j]Conveyance of an easement Form TP-584.1,Schedule G) c. [_-]Transfer of a controlling interest(state h.❑Conveyance of cooperative apartment(s) p.El Conveyance for which exemption percentage transferred %) from transfer tax claimed(complete Schedule B,Part 3) d. EJ Conveyance to cooperative housing L❑Syndication corporation q.El Conveyance of property partly within E' j.❑Conveyance of air rights or and partly outside the state e. j Conveyance pursuant to or in lieu of foreclosure or enforcement of security development rights r.El Conveyance pursuant to divorce or separation interest(attach Form TP-584.1.Schedule E) k.C]Contract assignment s.0 Other(describe) FdP recording officer's use Amount.reci ived Date received Transaction number Schedule B,Part 1 $ Schedule 8,Part 2 $ Page 2 of 4 TP-584(9/19) Schedule B-Real e,tate.transfer tax return(Tax Law Article 31) Part 1-Computation of tax due __ J i Enter amount of consideration for the conveyance(if you are claiming a total exemption from tax,mark an X in the Exemption claimed box,enter,consideration and proceed to Part 3)...:............................O Exemption claimed 1. 40000 00 2 Continuing lien deduction(see instructions ifproperty is taken subject to mortgage or lien).......................................... 2... Taxable consideration(subtract line 2 from line f)................................................................................................... 3. 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3........................................................ 4. 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G).:............. 5. 6 Total tax due*(subtract line 5 from line 4).....................................................:.......................... ....:......:.:..:....:.:....._ 6. 160100 Part 2-Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance(from Part 1,fine 1).......................................::....::.:.:.....__............. i. 2 Taxable consideration(muf6ply line f by the percentage of the premises which is residential real property,as shown in Schedule A)... .2.. . 3 Total additional transfer tax due*(multiply fine 2 by 1%(.01))..................................................................................1 3. Part 3-Explanation of exemption claimed on Part 1,line 1 (mark an X in all boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,New York State,or any of their instrumentalities,agencies, or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or compact with another state or Canada) - - „a b. Conveyance is to secure a debt or other obligation........................................................................................................................... b ❑. c. Conveyance is without additional consideration to confirm,correct,modify,or supplement a prior conveyance...........................:,., c ❑- d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realty as bona fide gifts........ :.:..::.............:._:....:...:::........................... ............:..............................:.... d r-� .. -. ❑ e. Conveyance is given in connection with a tax sale........,.,,......................................... ................:............:..::::..............................:.t::e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F..................................................................,.. f ❑ g. Conveyance consists of deed of partition...............:............:.:...:....:....................:.......:.::...::.....::.....:...._.............,:.........c:,........:....... g h. Conveyance is given pursuant to the federal Bankruptcy Act...................................................................................................I.......... h ❑ L Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such properly,or the granting of an option to purchase real property,without the use or occupancy of such property................................................. i ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment............:.........................................................................................................................„ j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,§1401(e)(attach documents supporting such claim):.:.............:...:.:..:......:................ k ❑ The total tax(from Part 1,line 6 and Part 2,line 3 above)is due within 15 days from the date of conveyance.Make check(s)payable to the county clerk where the recording is to take place.For conveyances of real property within New York City,use Form TP-584-NYC.If a recording is not required,send this return and your check(s)made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department,RETT Return Processing,PO Box 6045,Albany NY 12205-0045.If not using U.S.Mail,see Publication 55,Designated Ptivate Delivery Services. Page 3of4 TP-584(9/19) 7,SrhPdule'C—Credit Line ALoRq I-awArtlde 11) Complete the following only if the interest being transferred is a fee simple interest. This is to certify that:(mark an X in the appropriate box) I. N The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ElThe real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: a O'The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)immediately before the transfer. bEl The transfer of real property is(A)to a person or persons related by blood,marriage or adoption to the original obligor or to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons(as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). C E]The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee,or other officer of a court. dE]The maximum principal amount secured by the credit line mortgage is$3 million or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Note:for purposes of determining whether the maximum principal amount secured is$3 million or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. eE]Other(attach detailed explanation). 3. F-1 The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: a E]A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. b [—]A check has been drawn payable for transmission to the credit line mortgagee or mortgagee's agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is ..No exemption from tax is claimed and the tax of. is being paid herewith.(Make check payable to county clerk where deed will be recorded.) Signature(both the'grantors and grantees must sign) The undersigned certify that the above information contained in Schedules A,B,and C,including any return,certification,schedule,or attachment,is to the best of their knowledge,true and complete,and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Grantor signature Tide Grantee signature Tile c/ Grantor signature Title Grantee signature Title Reminder:Did you complbte,all of the required information in Schedules A,B,and C?Are you required to complete Schedule D?If you marked a,f,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place?If no recording is required,send this return and your check(s),made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department,RETT Return Processing,PO Box 5045,Albany NY 12205-0045.If not using U.S.Mail, see Publication 55,Designated Private Delivery Services. Page 4 of 4 TP-584(9/19) .,Srhednle_4-Ce4tification of exemption.from the.payment of estimated personal income tax(Tax Law,Article-?2,•§.663)..v-. :- Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part 2,mark an X in the second box under Exemption for nonresident transferors/sellers,and sign at bottom. Part 1—New York State residents If you are a New York State resident transferor/seller listed in Form TP-584,Schedule A(or an attachment to Form TP-584),you must sign the certification below.If one or more transferor/seller of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided.If more space is needed,photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors/sellers-. This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor/seller as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law§663(a)upon the sale or transfer of this real property or cooperative unit. 'Signatu Print full name Date ( - ea- A) 5li aaa3 Signature Print full name Date J,9rr-rr.�s Ki.rari 6111 3 Signature Print full name Dale Signature Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law§685(c),but not as a condition of recording a deed. Part 2—Nonresidents of New York State i If you are a nonresident of New York State listed as a transferor/seller in Form TP-584,Schedule A(or an attachment to Form TP-584)but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law§663(c),mark an Xin the box of the appropriate exemption below.If any one of the exemptions below applies to the transferodseller,that transferor/seller is not required to pay estimated personal income tax to New York State under Tax Law§663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed,photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663,Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form.For more information,see Payment of estimated personal income tax,on Form TP-584-I,page 1. Exemption for non residenftransferorslsellers . This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor/seller(grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law §663 due to one of the following exemptions: The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from Date to Date (see instructions). ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee is an agency or authority of the United States of America,an agency or authority of New York State, the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage'insurance company. Signature Print full name Date Signature Print full name Date Signature Print full name Date Signature I Print full name Date NO-MORTGAGE AFFIDAVIT TITLE NO:ZA-9421-23 STATE OF NEW YORK ,.r , :SS.: COUNTY OF r`i � ', , DIANE COTUGNO and JAMES KING,being duly,sworn,deposes and says: 1. 1/We am/are the owner(s)of the premises known as 12655 Sound Avenue,Mattituck. 2. There are no mortgage notes due or payable against the premises. 3. 1/We have received no demand for payment from any creditor or mortgagee which is not contained in the title search prepared by Zenith Abstract,LLC 4. 1/We make this affidavit to-induce Zenith Abstract,LLC to issue a policy of title insurance to the Buyer t"Qwry 63 Szjo--ho td . I/We indemnify and hold harmless Zenith Abstract,LLC and Stewart Title Insurance Company for any loss,cost or damage which may incur as a result of doing so. A-7 - Sworn to,pqfor6 me this 11441 day of 20_9 i Notary Pul?lic Ba; ryas,ai I � • �,'` i Townships: f East Hampton Peconic Bay Region Riverhead i Shelter Island Community Preservation Fund } Southampton Southold Proceeds of this transfer tax are disbursed to the i Townships in which the transaction takes place for ! its acquisition of land,development rights,and { other interests in property for conservation purposes. Please print ortype. -__.__w-__ - form _-,..._._,,,._'- ....,._.nv-.,.,.,._---e------_--.,_ _..__.._......_..__.._. — ..----------------- -----_ —„_.- Schedule A Information Relating to Conveyance Grantor Name(individual;last,first,middle initia Grantee 'Name(individual;last,first,middle initial) 1 Social Sewi'fty Number ❑Individual 'Town of Southold ' ❑Corporation ,Mailing address i Socialsecurity Number IP.O. Box 1179 i ❑Partnership i city .-.-__.__--_. _,.._..,._,__—_ —___ - ❑Other i City State' ZIP code Fe era employer"i�eni. !Southold NY 11971 !11 ? 6001939 Location and description of property conveyed Tax map designation Address _- -� - __j Village ( Town Dist Section i olack "Lots -- - {{ I`- Mattituck 1 Southold 112566 Sound Ave 1000 141.00 104.00 i010.00 i I i Type of property conveyed(check applicable box) Date of conveyance Dual Towns: ❑Improved Vacant land - -- Condition of conveyance(check all that apply) a.-Conveyance of fee interest b.-Acquisition of a I. -Conveyance which consists of a mere k.-Contract assignment controlling interest (state change of identity or form of ownership or I. -Option assignment or surrender percentage acquired %) organization m.-Leasehold assignment or surrender n.- c.-Transfer of a controlling interest(state g.-Conveyance for which credit(or tax Leasehold grant percentage transferred %) previously paid will be claimed o. - Conveyance of an easement p. - d.-Conveyance to cooperative housing Conveyance for which exemption is h.-Conveyance of cooperative apartment(s)i. corporation -Syndication claimed(complete Schedule B.Part 11) e.-Conveyance pursuant to or in lieu of j. -Conveyance of air rights or development q.-Conveyance of property partly within and foreclosure or enforcement of security rights partly without the state interest r. Other(describe) Schedule B - Community Preservation Fund Part I-Computation of Tax Due ' 1.Enter amount of consideration for the conveyance(from line 1 TP584 Schedule B) 1 140,000.00 2.Allowance(see below) 21475,000.00 3.Taxable consideration(subtract line 2 from line 1) i 3 f0.00- 4.2%Community Preservation Fund(of line 3)make certified check payable to SUFFOLK COUNTY CLERK {q 0 QO S.Property not subject to CPF Tax(See Schedule C) O s For recording officer's use Amountreceived Date received Transaction number Allowance: East Hampton $250,000.00Improved $100,000.00 Vacant Land(Unimproved) Shelter Island $250,000.00Improved $100,000.00 Vacant Land(Unimproved) Southampton "$250,000.00Improved $100,000.00 Vacant Land(Unimproved) Riverhead $150,000.00Improved $75,000.00 Vacant Land(Unimproved) Southold $150,000.00Improved $75,000.00 Vacant Land(Unimproved) Schedule C - (continued) Part II-Explanation of Exemption Claimed in Part I,line 1(check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason; a.Conveyance is to the United Nations,the United States of America,the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ❑ b.Conveyance is to secure a debt or other obligation ❑ c.Conveyance is without additional consideration to confirm,correct,modify or supplement a prior conveyance ❑ d.Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying ❑ realty as bona fide gifts e.Conveyance is given in connection with a tax sale ❑ f.Conveyance is mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) ❑ g.Conveyance consists of deed of partition ❑ h.Conveyance is given pursuant to the federal bankruptcy act ❑ i.Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the ❑ granting of an option to purchase real property without the use or occupancy of such property j.Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) 0) or (k) of Article 31-D of the Tax Law. (See required Town approval,below) ❑ k.Conveyance of real property for open space,parks,or historic preservation purposes to any not-for-profit tax exempt El operated for conservation,environmental,or historic preservation purposes. (.Other list explanations in space below(Grandfather/Contract) ❑ m.Conveyance of real property as a primary residence where the grantee is a first-time homebuyer (attached approved application) ❑ n.Conveyance of real property to a tax exempt,not-for-profit corporation for the purpose of providing affordable housing. ❑ o.The conveyance is approved for an exemption from the Community Preservation Transfer Tax,under Section 1449-ee of Article 31-D of the Tax law.(See j in Schedule C) Town Attorney or other designated official i Penalties and Interest Penalties Interest Any grantor or grantee failing to file a return or to pay any tax within Daily compounded interest will be charged on the amount of the the time required shall be subject to a penalty of 10%of the amount tax due not paid within the time required. of tax due plus an interest penalty of 2% of such amount of each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge,true and complete. Grantor Grantee Grantor Grantee I2-02:3:: Form 8004 —Quitclaim Deed—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of in the year 2023 BETWEEN Diane Cotugno and James King,as joint tenants with rights of survivorship,residing at 12655 Sound Ave,Mattituck,NY 11952, party of the first part,and Town of Southold,a Municipality in State of New York, with an address at 54375 Route 25, Southold,NY 11971, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby remise,release and quitclaim unto the party of the part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described in Schedule, "A"attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed made by County of Suffolk dated June 2, 1998, and recorded June 4, 1998 in Liber 11897 Page 228 in the office of the Clerk of the County of Suffolk. TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con-sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 1 6r -� DIANE COTUGNO J S KING F STATE OF NEW YORK ss. STATE OF NEW YORK ss. COUNTY OF SUFFOLK COUNTY OF SUFFOLK i On the day of in the year On the 1` day of M. in the year 2023, before me, •the undersigned, personally 2023, before tne. thrsigned, personally appeared DlQC1Q�_6+q(jM 'appeared =}(W; F (j T✓{ personally known to me .proved to me on the basis personally known to me or pr6vjJ to me on the basis of satisfactory evidence to be the individual(s)whose of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s), or the person on behalf of which the individual(s)acted,executed the instrument. individual(s)acted,executed the instrument. [add the following if the acknowledgment is taken [add the following if the acknowledgment is taken- outside NYState/ outside NYStatel and that said subscribing witness made such and that said subscribing witness made such appearance before the undersigned in the (insert appearance before the undersigned in the_(insert the city or other political subdivision and the State the city or other political subdivision and the State 1r aeoll$�fr}r or other place the proof was taken), or Counfr3;{lP;trtlter place the proof was taken). \\S't .: Spy t y\ \ 1 1EP! \ ten, otary Pub is ,y+:cc"c�u?c5ai� 8ublic tP 6fo�:re. S rcx O }4e y ,:.:sMt`t_.-,.,:4Jil %,J 1 STA;3 'OF:NC ss. F, ,,,SfiA•Tl~``O�aT�EW YORK ss:. COTJ;�'..'{"i''d��S�t'QLK t66NfV.OF SUFFOLK J+rae<u:u* On the day of in the year On the day of in the year 2023,before me,the undersigned,a Notary Public in 2023,before me personally came and for said State,personally appeared to me known,who,being by me duly sworn,did the subscribing witness to the foregoing instrument, depose and say that he/she resides at with whom I am personally acquainted, who, being that he/sheds the of by me duly sworn, did depose and say that - he/she/they reside(s)in the corporation described in and which executed the foregoing instrument;that he/she knows the seal of (if the place of residence is in a city,include the street said corporation; that the seal affixed to said and street number if any, thereofi;that he/slie/they instrument is such:corporate seal;that it was so know(s) affixed by order of the board of directors of said corporation,and that he/she signed his/her name to be the individual described in and who executed thereto by like order. the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. Quitclaim Deed DISTRICT:1000 SECTION:141.00 TrrLE NO. BLOCK:04.00 DIANE COTUGNO AND TAMES KING LOT:010.000 TO TOWN:SOUTHOLD TOWN OF SOUTHOLD COUNTY:SUFFOLK Recorded at Request of STEWART TITLE INSURANCE COMPANY RET URN BY MAIL T0. . Distributed By To'wN OF SOUIHOLD PAUL M.DECFrANCE,ESQ. PO Box 1179 54375 MAIN ROAD SOUTHOLD,NY 11971 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck,in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Street where the same is intersected by the Southerly side of land of the Long Island Railroad Company; and RUNNING THENCE Easterly along Main Street 136.00 feet more or less to land of Henry P.Tuthill; THENCE Northerly along last-mentioned land 83.00 feet more or less to land of the Long Island Railroad Company; THENCE Southwest along said Railroad land 160.00 feet more or less to place of BEGINNING. District 1000 Section 141.00 Block 04.00 Lot 010.000 FOR INFORMATION ONLY: Premises commonly known as: 12655 Sound Avenue,Mattituck,NY 11952 BEING AND INTENDED TO DESCRIBE the same premises as conveyed to the Grantor herein by Deed in Uber 11897 Page 228 1 " CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE PREMIUMS, FEES,AND SERVICE CHARGES This Statement should be attached to all final invoices. Date:March 22,2023 Title No.7A-9421-23 The Property: 12655 Sound Avenue,Mattituck,NY 11952 To:TOWN OF SOUTHOLD,DIANE COTUGNO and JAMES KING I acknowledge that I have reviewed the premium calculations,fees and service charges being charged to me. I acknowledge that these charges have been explained to me and that I understand them as set forth on this memorandum. NOTE: You are required to sign this memorandum/of acknowledgment pursuant to New York State Insurance Law. TO BE SIGNED BY BUYER/BORROWER TOWN OF SOUTHOLD a AFFIDAVIT OF UNDERSTANDING AND INDEMNITY AND HOLD HARMLESS AGREEMENT DUE TO THE COVID-19 EMERGENCY-SALE Property: 12655 Sound Avenue,Mattituck,NY 11952 Date of Closing:_ Seller(s): DIANE COTUGNO and JAMES KING Buyer(s): TOWN OF SOUTHOLD File No: ZA=9421-23 Owner's Policy No: _ In response to the,outbreak of the Coronavirus and the declared states of national and local emergency,a number of government offices have been closed or have had their access significantly limited.As a result,the processing and recording of deeds and other title documents in some jurisdictions has been,and will be,impacted.Although Stewart Title Insurance Company is willing to continue to insure titles for purchasers and lenders under its current policy forms through the ultimate recording date of the deed,mortgage,deed of trust or other insured title document,neither Stewart Title Insurance Company nor its title agents can provide any estimate as to the date of recordation of such title documents in the land records. NOW THEREFORE,as a result of the aforementioned closures and access restrictions and as an inducement to Zenith Abstract,LLC(hereafter"Title Agent")to conduct settlement and to Stewart Title Insurance Company to issue it policy or policies of title insurance,the undersigned agree as follows: Seller(s)affirm: (a) There are no unrecorded deeds and/or outstanding leases,contracts,options, agreements,trusts or'inchoate rights or interests affecting the Property which have not been disclosed to Stewart Title Insurance Company or Title Agent in writing. (b) All labor and materials used in construction of improvements,repairs,or modifications to the Property have been completed and there are now no unpaid bills for labor or material against the improvements or Property.The Sellers have received no notice of any mechanic's lien claim. (c) There are no unrecorded liens or encumbrances affecting the title to the Property,that are not being paid or adjusted as part of the current transaction. (d) Sellers have received no written notice of a proposed or pending special assessment or a pending taking of any portion of the Property by any governmental body; Sellers have no knowledge that work has been or will be performed by any governmental body including,but not limited to,the installation of water or sewer lines or of other utilities,or for improvements such as paving or repaving of streets or alleys,or the installation of curbs and sidewalks. (e) Sellers agree to neither allow,nor take any action,following settlement that may result in a lien,encumbrance or other matter adversely affecting title being placed against the title to the Property.In the event any lien,encumbrance or objectionable matter of title arises or occurs between the date of settlement and the date of the recording of the deed or other title document,Sellers agree to immediately take action to clear and discharge the same and further agree to hold harmless and indemnify Title Agent and Stewart Title Insurance Company against all expenses,costs and attorneys'fees that may arise out of Sellers failure to so remove,bond or otherwise dispose of any such liens,encumbrances or adverse matters of title to the satisfaction of Stewart Title Insurance Company. Buyer(s)understand and agree: (a) Neither Title Agent nor Stewart Title Insurance Company can provide any estimate as to the time of recordation of the deed or other title documents in the Land Records. (b) Among other things,Buyers may not be able to refinance or sell the Property, obtain building permits,or demonstrate recorded ownership of,and legal title to,the Property until the time that the deed or title document is recorded in the land records. The undersigned solemnly affirm(s)under the penalties of perjury and upon personal knowledge that the statements in this Affidavit are true and that this Affidavit is executed in order to induce Title Agent to make and complete settlement on the Property and to induce Stewart Title Insurance Company to issue its policy or policies of title insurance,insuring title to the Property. Sellers: Signature Print: Signature Print: Buyers: Signature Print: Signature Print: ' Subscribed,affirmed,and acknowledged before me this day of 2020. NOTARY PUBLIC My Commission Expires: L7O EFL l FFMAVIT STATE OF NEW YORK County of Suffolk 1. I am/we are the grantee/mortgagor in the deed/mortgage conveying/mortgaging title to the property described in the above numbered report. 2. I/we have not been known by any other name for the past ten(10)years except_and there are no judgments, environmental control board judgments,parking violations bureau judgments,any other special municipal judgments,Federal or State liens or warrants against me,and any and/or all of the foregoing appearing in the above captioned report of title are not against your deponent,but against a party of the same or similar name. [ ](initial)The judgments and/or liens returned herein are not against the deponent but someone of a similar name. =8". That no work has been done upon the premises that may result or has resulted in the filing of a mechanics lien within the permissible period for filing. 4. No proceedings in bankruptcy have ever been instituted by or against me nor have ever made an assignment of rents of said premises or an assignment for the benefit of creditors. That I/we make this affidavit to induce the above noted title/abstract company to insure title to the above captioned property,knowing they will rely upon the foregoing statements and that this affidavit is made under penalties for perjury. 5. No other Contract of Sale exists for the within described premises other than the one executed between the sellers and buyers herein. 6. IMe hereby agree to indemnify Zenith Abstract,LLC and Stewart Title Insurance Company harmless from any loss or damage that may arise by insuring against the enforced removal of any projections or encroachments. 7. I/We make this Affidavit to induce Zenith Abstract,LLC and Stewart Title Insurance Company to issue its policy of Title Insurance. 8. I/We hereby agree to indemnify Zenith Abstract,LLC and Stewart Title Insurance Company for all loss,cost or damage which it may sustain as a result of any statements in this affidavit being false or fraudulent. 9. SECTION 6409,SUBDIVISION"C"OF THE INSURANCE LAW REQUIRES THAT TITLE COMPANIES OFFER AT OR PRIOR TO CLOSING AN OPTIONAL POLICY RIDER TO COVER THE HOMEOWNER FOR THE FUTURE MARKET VALUE OF HIS OR HER HOME. 10.1 authorize the agency to retain any recording overage under$10.00. PLEASE CIRCLE AND INITIAL ONE A. I choose to accept the Market Value Policy Rider. OR B. I do not wish to accept the Market Value Policy Rider for future,increase market value and elect to waive the offer for such additional coverage. TOWN OF SOUTHOLD t Subscribed and Sworn before me Zenith Abstract,LLC 85 SOUTH MAIN ST SAYVILLE,NY 11782 CONSUMER NOTICES AND DISCLOSURES AS REQUIRED PURSUANT TO NEW YORK INSURANCE LAW: l Date:March 22,2023 Title No.ZA-9421-23 The Property:12655 Sound Avenue,Mattituck,NY 11952 To:(Borrower) These disclosures and Notices are for the purposes of compliance with New York Insurance law and do not alter or change the coverage's, exceptions, exclusions, or conditions of the final policies issued in connection with the subject transaction. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance l act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW THIS REPORT WITH A REAL ESTATE PROFESSIONAL REPRESENTING YOUR INTEREST IN THIS TRANSACTION. PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS ' UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. Initial: Page 1 of 1 BUYER WFIDAVIT�i tYt�rk.-.' d �•:c:Ik.,�- ..: STATE OF NEW YORK County of Suffolk 1. 1 am/we are the grantee/mortgagor in the deed/mortgage conveying/mortgaging title to the property described in the above numbered report. 2_ I/we have not been known by any other name for the past ten(10)years except_and there are no judgments, environmental control board judgments,parking violations bureau judgments,any other special municipal judgments,Federal or State liens or warrants against me,and any and/or all of the foregoing appearing in the above captioned report of title are not against your deponent,but against a,party of the same or similar name. [ ](initial)The judgments and/or liens returned herein are not against the deponent but someone of a similar name. E=S". That no work has been done upon the premises that may result or has[esulted in the filing of a mechanics lien within the permissible period for filing. 4. No proceedings in bankruptcy have ever been instituted by or against me nor have ever made an assignment of rents of said premises or an assignment for the benefit of creditors. That I/we make this affidavit to induce the above noted title/abstract company to insure title to the above captioned property,knowing they will rely upon the foregoing statements and that this affidavit is made under penalties for perjury. 5. No other Contract of Sale exists for the within described premises other than the one executed between the sellers and buyers herein. 6. I/We hereby agree to indemnify Zenith Abstract,LLC and Stewart Title Insurance Company harmless from any loss or damage that may arise by insuring against the enforced removal of any projections or encroachments. 7. I/We make this Affidavit to induce Zenith Abstract,LLC and Stewart Title Insurance Company to issue its policy of Title Insurance. 8. I/We hereby agree to indemnify Zenith Abstract,LLC and Stewart Title Insurance Company for all loss,cost or damage which it may sustain as a result of any statements in this affidavit being false or fraudulent 9. SECTION 6409,SUBDIVISION"C"OF THE INSURANCE LAW REQUIRES THAT TITLE COMPANIES OFFER AT OR PRIOR TO CLOSING AN OPTIONAL POLICY RIDER TO COVER THE HOMEOWNER FOR THE FUTURE MARKET VALUE OF HIS OR HER HOME. 10.1 authorize the agency to retain any recording overage under$10.00. PLEASE CIRCLE AND INITIAL ONE A. I choose to accept the Market Value Policy Rider. OR B. I do not wish to accept the Market Value Policy Rider for future increase market value and elect to waive the offer for such additional coverage. TOWN OF SOUTHOLD Subscribed and Sworn before me Zenith Abstract;LLC 85 SOUTH MAIN ST SAYVILLE,NY 11782 CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE PREMIUMS, FEES, AND SERVICE CHARGES This Statement should be attached to all final invoices. Date:May 1,2023 Title No.ZA-9421-23 The Property: 12655 Sound Avenue,Mattituck,NY 11952 To:TOWN OF SOUTHOLD,DIANE COTUGNO and JAMES KING I acknowledge that I have reviewed the premium calculations,fees and service charges being charged to me. I acknowledge that these charges have been explained to me and that I understand them asset forth on this memorandum. NOTE: You are required to sign this memorandum of acknowledgment pursuant to New York State Insurance Law. TO BE SIGNED BY BUYER/BORROWER TOWN OF SOUTHOLD l CONSUMER NOTICES AND DISCLOSURES AS REQUIRED PURSUANT TO NEW YORK INSURANCE LAW: Date:March 22,2023 Title No.ZA-9421-23 The Property:12655 Sound Avenue,Mattituck,NY 11952 To:(Borrower) These disclosures and Notices are for the purposes of compliance with New York Insurance law and do not alter or change the coverage's, exceptions, exclusions, or conditions of the final policies issued in connection with the subject transaction. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW THIS REPORT WITH A REAL ESTATE PROFESSIONAL REPRESENTING YOUR INTEREST IN THIS TRANSACTION. PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE_INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. Initial: Page 1 of 1 Zonith Abstract, L 85 South Main Street,Sayville,NY 11782•Phone No.631-828-8777•Fax No.631-828-8779 Title No.: ZA-9421-23 MEMORANDUM OF Client: Paul M DeChance,Esq. ANCILLARY CHARGES .Applicant: TOWN OF SOUTHOLD Reference: TOWN OF SOUTHOLD from COTUGNO,etal. Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist 1000 Sec.141.00 Block 04.00 Lot 010.000 Owner(s): DIANE COTUGNO and JAMES KING May 1,2023 Buyer(s): TOWN OF SOUTHOLD Other(s): SCOTT RUSSELL The charges noted below are for ancillary service charges not encompassed in the title premiums approved by the Superintendent of the Department of Financial Services. Said services were requested by your lender or your attorney. By signing below you are acknowledging and agreeing to pay said fees. Escrow Service Charge $50.00' g g $45.00 Recording Service Char e , Express Delivery. € $90.48 Municipal-Fees_. $20.00 Municipal Searches $400.00 Bankruptcy Searches $90.00 Patriot Name Search $90.00 =SOTAL.:CHARGES - `' € Z85 Buyer:TOWN OF SOUTHOLD Page 1 of 1 REFUND INFORMATION FORM[ � **'''DUE TO THE HIGH VOLUME OF LOST MAIL WE ARE ENCOURAGING ALL DEPOSITORS TO PROVIDE ROUTING AND ACCOUNT NUMBERS FOR REFUND BY ACH CREDIT*** TITLE NO:ZA-9421-23 r TOWN OF SOUTHOLD ❑Please mail my refund. I understand I am responsible for any stop payment fees which may be due as a result of checks lost in transit,and that the stop payment fee will be deducted from my refund. Address after closing: Phone Number after closing: ❑Please send my refund by ACH Credit I have attached a voided check—or- my correct routing and account numbers appear below: ROUTING NUMBER: ACCOUNT No. REPRINT ACCOUNT No. BANK NAME The information collected herein is not shared with any other person or entity and is used solely by the Agency. Zenith-Abstract, LLC 85 South Main Street Sayville,NY 11782 631-828-8777 631-828-8779 ESCROW AND DEPOSIT AGREEMENT Title No.ZA-9421-23 Date: Zenith Abstract,LLC,as agent for Stewart Title Insurance Company,as Depositary,acknowledges receipt from the undersigned Depositor,of the sum of One hundred fifty one and 65/100 Dollars($151.65) as indemnity and security for the payment,satisfaction,discharge or disposition of the following liens,encumbrances,charges or other matters,to wit: 2nd half 2022123 Town&School Tax(due 5/1) affecting premises known as:12655 Sound Avenue,Mattituck,N.Y. COUNTY:Suffolk District 1000 Section 141.00 Block 04.00 Lot 010.000 VILLAGE: TOWN:Southold SCHOOL DISTRICT: ( ) The Depositary is hereby authorized out of said Deposit to pay,satisfy,discharge or otherwise dispose of said items immediately. The Depositor agreesito pay to the Depositary any deficiency in the event the Deposit is not sufficient to pay said items. ( ) The Depositor agrees to produce proper paid vouchers, or other evidence of payment or disposition of said items aforesaid,in form satisfactory to the Depositary before 30 DAYS FROM THE DATE HEREOF UNLESS OTHERWISE AGREED TO BY DEPOSITARY HEREIN. If such vouchers, etc. are not produced before such date, the Depositary is authorized to pay, satisfy,discharge or otherwise dispose of said items,to retain counsel in connection therewith if it deems it necessary and to pay such counsel out of said Deposit and the Depositor agrees to pay to the Depositary any deficiency'in the event the Deposit is not sufficient to pay or dispose of said items and fees. In addition to the foregoing,the Depositary is authorized to impose any service charges established and filed by the New York Board of Title Underwriters for handling this Deposit. If this agreement is not fully complied with by Depositor within the time herein specified,the Depositary may,in its sole discretion,impose any additional service charge established and filed by the New York Board of Title Underwriters. The Depositary shall be under no-duty to invest or reinvest any cash at any time held by it hereunder. The Depositary may commingle any deposits held hereunder with other deposits or with its own funds and may invest any part or all such funds for its own benefit and shall have no obligation to Depositor for any interest or earnings derived thereby. Provided,however,nothing herein shall diminish Depositary's obligation to apply the full amount of the deposits to the payment,satisfaction or other disposition of the subject matter of this agreement.Depositary shall be entitled to an annual escrow maintenance charge of $50.00 to be deducted out the balance of this Deposit. Upon the full compliance and disposition herewith,the balance of this Deposit, if any and without interest, shall be refunded to the Depositor,excepting any balance of$20.00 or less shall be retained by the Depositary as an additional service charge. Nevertheless,the Depositary,at any time and at its sole discretion, and without notice, is authorized to offset against said Deposit any amounts owed to it by the Depositor. The Depositor further agrees to indemnify, save and hold harmless the Depositary from any loss or damage whatsoever arising out of or by reason of the failure of the Depositor to perform all of the covenants and conditions hereof. Notwithstanding anything herein contained to the contrary, the Depositary is authorized, without notice, to pay, satisfy or otherwise dispose of said items and to retain counsel in connection herewith, even prior to the date hereinabove specked for compliance,whenever in its sole discretion,title to said premises or marketability should be protected; all payments, charges, disbursements, fees and deficiencies to be charged against this Deposit and the Depositor. I understand that the cost of services is$50 PER ITEM,$50 PER TITLE CONTINUATION,AND FUNDS HELD BY THE DEPOSITARY FOR 1 YEAR OR MORE ARE SUBJECT TO AN ANNUAL MAINTENANCE FEE OF$50 PER YEAR. I UNDERSTAND THAT DEPOSITARY WILL RUN TITLE CONTINUATIONS AS NEEDED, AT THEIR DISCRETION. DEPOSITARY WILL BE JUDICIOUS IN THIS REGARD. 1. In the event that the Depositor fails to comply with any Depositor's obligations,Depositary may cause compliance therewith to be effected and pay out of the Deposit the amount required to effect compliance including any expense, disbursement and/or counsel fee incurred in connection therewith.Notwithstanding any provision to the contrary, Depositary is authorized without notice to Depositor to accelerate Depositor's performance date at any time that Depositary,in its sole discretion,deems it advisable to do so to protect the title to the insured premises or the marketability thereof. Depositary will deduct a minimum of$250.00 for its services in dispensing with the obligation in the event Depositor fails to perform or comply as above. 2. Depositary may deduct from the Deposit any unpaid title charges or other sums due to Depositary and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay on demand any deficiency in TP-SDNY-367.01 case the Deposit is not sufficient and further agrees to hold Depositary harmless from any loss or expense it may sustain by reason of such insufficiency. 3. Depositary accepts the Deposit at the request of and for the accommodation of Depositor and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay all charges and expenses,including counsel fees,incurred by Depositary by reason of its having accepted the Deposit.Depositary shall have the right to issue reinsurance and indemnifications based on the Deposit. In such event,the Deposit shall continue to be held in accordance with its terms. 4. Depositary shall deduct from any escrow balance a Stop Payment fee of$25.00 for checks which are returned to the office for any reason and by any party including but not limited to Tax Receivers,Creditors,or Depositor. 5. The Deposit may not be assigned by Depositor. 6. This Agreement constitutes the entire agreement between Depositor and Depositary concerning the Deposit. 7. No modification of any of Depositors obligations shall be effective unless authorized in writing by Depositary 8. If the Deposit is taken for more than one purpose,in the absence of agreement to the contrary,the allocation of the funds among the several purposes shall be at the sole discretion of Depositary. 9. Depositor acknowledges that the waiver by Depositary of any particular provision of this Agreement shall not constitute a waiver of any other provision contained herein. Furthermore,in the event that any provision of this Agreement is held to be unenforceable,all other provisions shall remain in full force and effect. 10. Depositary agrees to refund the balance of the Deposit,if any,upon performance of the Depositor's obligations to the satisfaction of Depositary. Depositor executes and delivers this Agreement to induce Depositary in its capacity as title insurer to issue its policy or policies of title insurance with respect to the Premises and for other good and valuable consideration. In the event Depositary collects taxes based upon a tax amount with an exemption,and the exemption is not renewed resulting in a shortage,the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit payment to the tax receiver within the grace period. If Depositor does not provide the company with the shortage amount within the grace period,Depositor is solely responsible for any interest and penalties that may accrue with no further notice to the Depositor. In the event Depositary collects taxes based upon a tax amount with an"UNOFFICIAL PAYMENT"as posted by the NYC-Dept. of Finance,and the payment results in a shortage,bounced check or other,the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit timely payment to the tax receiver. If Depositor does not provide the company with the shortage amount within the grace period,Depositor is solely responsible for any interest and penalties that may accrue with no further notice to Depositor. AGREED TO: Zenith Abstract,LLC BY: DEPOSITOR: TOWN OF SOUTHOLD DEPOSITOR PHONE NUMBER: ATTORNEY: REFUND TO: TP-SDNY-367.01 r AFFIDAVIT OF UNDERSTANDING AND INDEMNITY AND HOLD HARMLESS AGREEMENT DUE TO THE COVID-19 EMERGENCY—FINANCING Property: 12655 Sound Avenue,Mattituck,NY 11952 Date of Closing: _ Borrower(s): TOWN OF..SOUTHOLD File No: ZA-9421-23 Commitment No:� In response to the outbreak of the'Coronavirus and the declared states of national and local emergency, a number of government' offices have been closed or have had their access significantly limited.As a result,the processing and recording of deeds,deeds of trust and;other ; title documents in some jurisdictions has been, and will be, impacted. Although Stewart Title Insurance Company is willing to continue to insure titles for purchasers and lenders under its current policy forms through the ultimate recording date of the deed, mortgage,deed of trust or other insured title document,neither First American nor its title agents can provide any estimate as to the date of recordation of such title documents in the land records. NOW THEREFORE,as a result of the aforementioned closures and access restrictions and as an inducement to Zenith Abstract. LLC (hereafter"Title Agent") to conduct settlement and to Stewart Title Insurance Company to'issue it policy or policies of title insurance,the undersigned agree as follows: Borrower(s)affirm: (a)There are no unrecorded deeds and/or outstanding leases,contracts,options, agreements,trusts or inchoate rights or interests affecting the Property which have not been disclosed to Stewart Title Insurance Company or Title Agent in writing. (b) All labor and materials used in construction of improvements,repairs,or modifications to the Property have been completed and there are now no unpaid bills for labor or material against the improvements or Property.The Borrowers have received no notice of any mechanic's lien claim. (c) There are no unrecorded liens or encumbrances affecting the title to the Property, which are not being paid or adjusted as part of the current transaction. (d) Borrowers have received no written notice of a proposed or pending special assessment or a pending taking of any portion of the Property by any governmental body;Borrowers have no knowledge that work has been or will be performed by any governmental body including,but not limited to,the installation of water or sewer lines or of other utilities,or for improvements such as paving or repaving of streets or alleys,or the installation of curbs and sidewalks. (e) Borrowers agree to neither allow, nor take any action,following settlement that may result in a lien, encumbrance or other matter adversely affecting title being placed against the title to the Property. In the event any lien, encumbrance or objectionable matter of title arises or occurs between the date of settlement and the date of the recording of the mortgage, deed of trust or other title document, Borrowers agree to immediately take action to clear and discharge the same and further agree to hold harmless and indemnify Title Agent and Stewart Title Insurance Company against all expenses, costs and attorneys' fees that may arise out of Borrowers failure to so remove, bond or otherwise dispose of any such liens, encumbrances or adverse matters of title to the satisfaction of Stewart Title Insurance Company. Borrower(s)understand and agree: (a) Neither Title Agent nor Stewart Title Insurance Company can provide any estimate as to the time of recordation of the deed of trust or other title documents in the Land Records. (b)Among other things, Borrowers may not be able to refinance or sell the Property, or provide recorded evidence of the status liens against the Property until the time that the deed of trust or title document is recorded in the land records. The undersigned solemnly states under oath and affirm(s)under the penalties of perjury and upon personal knowledge that the statements in this Affidavit are true and that this Affidavit is executed in order to induce Title Agent to make and complete settlement on the Property and to induce First American to issue its policy or policies of title insurance,insuring title to the Property. Borrowers: Signature Print: Signature Print: Subscribed,sworn to,affirmed,and acknowledged before me this day of 2e�.aaa3 NOTARY PUBLIC My Commission Expires: . -2- OWNERSHIP CHANGE NOTICE TO RECEIVER OF TAXES Receiver of Taxes Premises: 12655 Sound Avenue,Mattituck,NY 11952, County: Suffolk Town: Southold Tax ID: District 1000 Section 141.00 Block 04.00 Lot 010.000 Please be advised that ownership of the above premises has been transferred to TOWN OF SOUTHOLD Please mail future tax bills to the following address UNLESS INSTRUCTED OTHERWISE BY MORTGAGE LENDER: DIANE COTUGNO and JA S KING TOWN OF SOUTHOLD �'"°TJTLECLOSERi'THIS FORMPROVIDED TO-BUYER'ASA•COURTESY.'ONCE'COMFL'ETEPLEASE PR-0,0 E TO TH£lV1;ACONG W/4 COPY OF,TAX SEARCH FOR:A6Df2ESSANO:CONTACT 1NF0RNIAT1ON.*** I Zenith Abstract, LLC Agent for Stewart Title Insurance Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,directly or through its affiliates,from sharing nonpublic personal information about you with a non affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to,whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Zenith Abstract,LLC agent for Stewart Title Insurance Company. We may collect nonpublic personal information about you from the following sources. • Information we received from you such as on applications or other forms. • Information about your transactions we secure from our files,or from(our affiliates or) others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction,such as the real estate agent or lending. Unless it is specifically stated otherwise in an amended privacy policy notice,no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated companies third parties as permitted by law.We may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: 4 • Financial service providers such as companies engaged in banking,consumer finance,securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. X. z-- X DIANE COTUGNO and JAMES KI X . X TOWN OF SOUTHOLD Dated -- Tuts--.-. INDEMNITY&ACKNOWLEDGMENT Title No. Premises: Date of Closing: The Suffolk County Clerk's Office experienced a cyber-security intrusion on September 8,2022 that has resulted in multiple computer systems being shut down. As a result,examiners in Suffolk County are currently unable(or limited) to conduct searches of the Suffolk County land records, Suffolk County Clerk's docket and other databases. This appears to be a county-wide issue,affecting more than just the County Clerk's Office. If the parties choose to proceed with the scheduled closing,we must require additional assurances from the•parties in order to issue our policy(ies)of insurance. WHEREAS,Stewart Title Insurance Company("Stewart")has been asked to issue its policy(ies)of insurance to the Insured covering the Premises referenced above(the"Premises")prior to recording the deed, mortgage,and/or other instruments required to be recorded(collectively,the"Closing Documents")without taking exception in such policy(ies)as to matters which may arise between the last Effective Date of the title commitment referenced above and the date and time of recording of the Closing Documents(the"Gap Period"),which matters may be an encumbrance on or affect title to the Premises. NOW,THEREFORE,in consideration of Stewart issuing its policy(ies)of insurance as of the date of closing without taking exception to matters which may arise during the Gap Period,the respective parties affirm as follows: (1) Seller(s)/BorTower(s)affirm there are no unrecorded deeds,mortgages,leases,contracts,options, agreements,liens or encumbrances affecting the Premises not disclosed by the referenced title commitment or otherwise disclosed to Stewart (2)'Seller(s)Borrower(s)have received no written notices from any governmental agency or adverse party which would affect title to any portion of the Premises,or which would result in an encumbrance to title. (3) Seller(s)Borrower(s)affirm all labor and materials used in construction of improvements,repairs,or modifications to the Premises have been completed and there are now no unpaid bills for labor or material against the Premises.The Seller(s)Borrower(s)have received no notice of any mechanic's lien claim. (4) Seller(s)Borrower(s)agree to neither allow,nor take any action,within the Gap Period that may result in a lien,encumbrance or other matter adversely affecting title the Premises. In such event, Seller(s)Borrower(s)agree to promptly remove,release,bond or otherwise dispose of,to the satisfaction of Stewart,in its sole discretion,all liens,encumbrances or other objectionable matters filed or recorded against the Premises during the Gap Period. Seller(s)Borrower(s) indemnify,defend and hold Stewart harmless against all claims,costs,losses,liabilities,damages and expenses,including without limitation,attorney's fees and expenses,arising out of or relating to all such matters and the failure to promptly remove,release,bond or otherwise dispose of them, to the satisfaction of Stewart,in its sole discretion. (5) Purchaser(s)/Borrower(s)understand and agree that Stewart cannot provide any estimate as to the time of recordation of the Closing Documents. Purchaser(s)acknowledge that this may impact Purchaser's ability to refinance or sell the Premises,obtain building permits,or demonstrate recorded ownership of,and legal title to,the Premises until such time as the deed or other Closing Documents are recorded. I (6) Purebaser(s)lBorrowerfs)acknowledges and confirms that Purchaser(s)(RSgr/syrr(s ;rt.2�ysggss�c the Premises or will'take immediate possession of the Premises as oft 6aieifezMutio`ii'$fAh i6'sitig Documents and making this Indemnity&Acknowledgment. AD the signatories hereto acknowledge that Stewart and its respective policy-issuing offices are relying on the representations contained herein in issuing said poficy(ies)of title insurance. This Indemnity&Acknowledgment may be executed in counterpart. Executed this daY ` of OZ SELLER(S): Piin d Name: t/�i19 { �� v� 'Printed Name: Tit e: Title: Sworn before me,this Sworn to before me this day of CIA. 202 day of M U 202 JJ 1,S^"Fg6`�1AR;l)tTF td (�/v/f J /1 (J/� ;V �...... •fFr'rri. _ , alt��fl'O• .�d :C%t' i' ,( n:..•�wd,-lM1F�WSFn_"t; r�,+�r'.' lots Public " " w' `=4. nor;: ,.•.: i' ry ;;;�.�40�,;;;arMce,�i;-y`7?iotaryPublic PURCHASER(S)IBORROWER( `,� .. `%` ........ f dry' i ��°f•a�•.,A",r • 'y r!'trrf(i Printed Name: Printed Name: Title: Title: Sworn to before me this Sworn to before me this day of 202_ day of 202 r Notary Public Notary Public Townships: East Hampton Pecbnic Bay Region Riverhead Shelter Island I Community Preservation Fund Southampton Southold Proceeds of this transfer tax are disbursed to the Townships in which the transaction takes place for its acquisition of land,development rights,and other interests in property for conservation purposes. --- --------� ------ Please print or type. Schedule A Information Relating to Conveyance — Grantor Name(individual;last,first,middle initial) rantee Name(individual;last,first,middle initial) Social Security Number ❑ Individual Town of Southold _ ❑ Corporation Mailing address Social Security Number ❑ Partnership P.O. Box 1179 _ _ _ ❑ Other City State ZIP code — Federal employer ident. Southold NY 11971 11 I 6001939 Location and description of property conveyed Tax map designation Address Village Town Dist Section Block Lot — -- 12566 Sound Ave Mattituck Southold 1000 141.00 04.00 010.00 Type of property conveyed(check applicable box) Date of conveyance Dual Towns: ❑ Improved FI-1 Vacant land -- month day year Condition of conveyance(check all that apply) a.-Conveyance of fee interest b.:Acquisition of a f. -Conveyance which consists of a mere k.-Contract assignment controlling interest (state change of identity or form of ownership or I. -Option assignment or surrender percentage acquired %) organization m. -Leasehold assignment or surrender n.- c.-Transfer of a controlling interest(state g.-Conveyance for which credit(or tax Leasehold grant (percentage transferred %) previously paid will be claimed o. - Conveyance of an easement p. - d.-Conveyanceto cooperative housing h.-Conveyance of cooperative apartment(s)I. Conveyance for which exemption is corporation - Syndication claimed(complete Schedule B.Part II) e.-Conveyance pursuant to or in lieu of, j. -Conveyance of air rights or development q.- ance o property partly within and g Conveyance foreclosure or enforcement of securityrights tpartly without the state interest r. -Other(describe) Schedule B - Community Preservation Fund Part I-Computation of Tax Due 1.Enter amount of consideration for the conveyance(from line 1 TP584 Schedule B) 1 40,000.00 2.Allowance(see below) 2 75,000.00 3.Taxable consideration(subtract line 2 from line 1) 3 0.00 4.2%Community Preservation Fund(of line 3)make certified check payable to SUFFOLK COUNTY CLERK 4 0.00 5.Property not subject to CPF Tax(See Schedule C) El s For recording officer's use Amountreceived Date received Transaction number Allowance: East Hampton $250,000.00Improved $100,000.00 Vacant Land(Unimproved) Shelter Island $250,000.00Improved $100,000.00 Vacant Land(Unimproved) Southampton $250,000.00Improved $100,000.00 Vacant Land(Unimproved) Riverhead $150,000.00Improved $75,000.00 Vacant Land(Unimproved) Southold $150,000.00Improved $75,000.00 Vacant Land(Unimproved) 12-0213..09/C Schedule C - (continued) Part II-Explanation of Exemption Claimed in Part I,line 1(check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a.Conveyance is to the United Nations,the United States of America,the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ❑ b.Conveyance is to secure a debt or other obligation ❑ c.Conveyance is without additional consideration to confirm,correct, modify or supplement a prior conveyance ❑ d.Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realty as bona fide gifts ❑ e.Conveyance is given in connection with a tax sale ❑ f.Conveyance is mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) ❑ g. Conveyance consists of deed of partition ❑ h.Conveyance is given pursuant to the federal bankruptcy act ❑ i.Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property ❑ j.Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee (2) (j) or (k) of Article 31-D of the Tax Law. (See required Town approval,below) ❑ k.Conveyance of real property for open space,parks,or historic preservation purposes to any not-for-profit tax exempt ❑ corporation operated for conservation,environmental,or historic preservation purposes. I.Other list explanations in space below(Grandfather/Contract) ❑ m. Conveyance of real property as a primary residence where the grantee is a first-time homebuyer (attached approved application) ❑ n.Conveyance of real property to a tax exempt, not-for-profit corporation for the purpose of providing affordable housing. ❑ o.The conveyance is approved for an exemption from the Community Preservation Transfer Tax,under Section 1449-ee of Article 31-D of the Tax law.(See j in Schedule C) Town Attorney or other designated official Penalties and Interest Penalties Interest Any grantor or grantee failing to file a return or to pay any tax within Daily compounded interest will be charged on the amount of the the time required shall be subject to a penalty of 10% of the amount tax due not paid within the time required. of tax due plus an interest penalty of 2% of such amount of each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedul or attachment, is to the best of his/her knowledge,true and complete. Grantor Grantee ,k G ra nto)_01, Grantee 12.0213::09f01cg Form 8004 —Quitclaim Deed—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of in the year 2023 BETWEEN Diane Cotugno and James King, as joint tenants with rights of survivorship, residing at 12655 Sound Ave, Mattituck,NY 11952, party of the first part, and Town of Southold, a Municipality in State of New York, with an address at 54375 Route 25, Southold,NY 11971, party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described in Schedule "A" attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed made by County of Suffolk dated June 2, 1998, and recorded June 4, 1998 in Liber 11897 Page 228 in the office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con-sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: DIANE COTUGNO J ES KING STATE OF NEW YORK ss. STATE OF NEW YORK ss. COUNTY OF SUFFOLK COUNTY OF SUFFOLK On the II day of M01A. in the year On the II day of M in the year 2023, before me, the undersigned, personally 2023, before me, the Jundersigned, personally appeared DtOLf%C6+kAanb , appeared ,mL& F Knr/I personally known to me 4 proved to me on the basis personally known to me or provgU to me on the basis of satisfactory evidence to be the individual(s) whose of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s), or the person on behalf of which the individual(s)acted, executed the instrument. individual(s) acted, executed the instrument. [add the following if the acknowledgment is taken [add the following if the acknowledgment is taken outside NY State] outside NY State] and that said subscribing witness made such and that said subscribing witness made such appearance before the undersigned in the (insert appearance before the undersigned in the (insert the city or other political subdivision and the State the city or other political subdivision and the State °t p 1©nut ry�or other place the proof was taken). or country„gr,gjher place the proof was taken). 19 1kO G il6 °fi•�"A,o��`wm °„+",`.\� ION °Sa ° �i� CO �`''�y'�;t` otary Public "<(r,^°o� ttolk CQq°; aY° Ub11C NOTARY <° OT N Ar? 007 niJE3LIC�,y m ,0 o PUBLIC us �O/�.��+CJ�cF�Gnr 2'�10h yr` f162903') w� �fi�'' �" ss. '�.,6p A 161�'��AW YORK ss. '0 � '%6LK COM'K OF SUFFOLK °ta6aeta+alias On the day of in the year On the day of in the year 2023, before me, the undersigned, a Notary Public in 2023, before me personally came and for said State, personally appeared to me known,who, being by me duly sworn, did the subscribing witness to the foregoing instrument, depose and say that he/she resides at with whom I am personally acquainted, who, being that he/she is the of by me duly sworn, did depose and say that the corporation described in and which executed the he/she/they reside(s)in � foregoing instrument; that he/she knows the seal of r (f the place of residence is in a city, include the street said corporation; that the seal affixed to said and street number if any, thereqfi; that he/she/they instrument is such corporate seal;that•it was so know(s) affixed by order of the board of directors of said to be the individual described in and who executed corporation, and that he/she signed his/her name thereto by like order. the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. DISTRICT: 1000 Quitclaim Deed SECTION: 141.00 TITLE No. BLOCK: 04.00 DIANE COTUGNO AND JAMES KING LOT: 010.000 TO TOWN: SOUTHOLD TOWN OF SOUTHOLD COUNTY: SUFFOLK Recorded at Request of STEWART TITLE INSURANCE COMPANY RETURN BY MAIL TO: Distributed By TOWN OF SOUTHOLD PAUL M.DECHANCE,ESQ. PO Box 1179 54375 MAIN ROAD SOUTHOLD,NY 11971 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Street where the same is intersected by the Southerly side of land of the Long Island Railroad Company; and RUNNING THENCE Easterly along Main Street 136.00 feet more or less to land of Henry P. Tuthill; THENCE Northerly along last-mentioned land 83.00 feet more or'less to land of the Long Island Railroad Company; THENCE Southwest along said Railroad land 160.00 feet more or less to place of BEGINNING. District 1000 Section 141.00 Block 04.00 Lot 010.000 FOR INFORMATION ONLY: Premises commonly known as: 12655 Sound Avenue;Mattituck,NY 11952 BEING AND INTENDED TO DESCRIBE the same premises as conveyed to the Grantor herein by Deed in Uber 11897 Page 228 _ a 9 CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE PREMIUMS, FEES, AND SERVICE CHARGES This Statement should be attached to all final invoices. Date: March 22, 2023 Title No. ZA-9421-23 The Property: 12655 Sound Avenue, Mattituck, NY 11952 To: TOWN OF SOUTHOLD, DIANE COTUGNO and JAMES KING I acknowledge that I have reviewed the premium calculations, fees and service charges being charged to me. I acknowledge that these charges have been explained to me and that I understand them as set forth on this memorandum. NOTE: You are required to sign this memorandum of acknowledgment pursuant to New York State Insurance Law. TO BE SIGNED BY BUYER/BORROWER TOWN OF S 0 U T H 0 L D-SCA{A'RU1.SSe,kk SUPtN k'SUI- I STATE OF NEW YORK County of Suffolk 1. 1 am/we are the grantee/mortgagor in the deed/mortgage conveying/mortgaging title to the property described in the'above numbered report. 2. [/we have not been known by any other name for the past ten (10)years except_and there are no judgments, environmental control board judgments, parking violations bureau judgments, any other special municipal judgments, Federal or State liens or warrants against me,and any and/or all of the foregoing appearing in the above captioned report of title are not against your deponent, but against a party of the same or similar name. [ ] (initial)The judgments and/or liens-returned herein are not against the deponent but someone of a,similar name. �. That no work has been done upon the premises that may result or has resulted in the filing of a mechanics lien within the permissible period for filing. 4. No proceedings in bankruptcy have ever been instituted by or against me nor have ever made an assignment of rents of said premises or an assignment for the benefit of creditors. That I/we make this affidavit to induce the above noted title/abstract company to insure title to the above captioned property, knowing they will rely upon the foregoing statements and that this affidavit is made under penalties for perjury. 5. No other Contract of Sale exists for the within described premises other than the one executed between the sellers and buyers herein. 6. I/We hereby agree to indemnify Zenith Abstract, LLC and Stewart Title Insurance Company harmless from any loss or damage that may arise by insuring against the enforced removal of any projections or encroachments. 7. I/We make this Affidavit to induce Zenith Abstract, LLC and Stewart Title Insurance Company to issue its policy of Title Insurance. 8. I/We hereby agree to indemnify Zenith Abstract, LLC and Stewart Title Insurance Company for all loss, cost or damage which it may sustain as a result of any statements in this affidavit being false or fraudulent. 9. SECTION 6409, SUBDIVISION "C"OF THE INSURANCE LAW REQUIRES THAT TITLE COMPANIES OFFER AT OR PRIOR TO CLOSING AN OPTIONAL POLICY RIDER TO COVER THE HOMEOWNER FOR THE FUTURE MARKET VALUE OF HIS OR HER HOME. 10. 1 authorize the agency to retain any recording overage under$10.00. ��"""✓ PLEASE CIRCLE AND INITIAL ONE A. I choose to accept the Market Value Policy Rider. OR B. I ado not wish to accept the Market Value Policy Rider for future increase market value and elect to waive the offer for such additional coverage. TOWN OF UTHOLD Subscribed and Sworn before me I Zenith Abstract, LLC 85 SOUTH MAIN ST SAYVILLE, NY 11782 d CONSUMER NOTICES AND DISCLOSURES AS REQUIRED PURSUANT TO NEW YORK INSURANCE LAW: Date: March 22, 2023 Title No. ZA-9421-23 The Property: 12655 Sound Avenue, Mattituck, NY 11952 To: (Borrower) These disclosures and Notices are for the purposes of compliance with New York Insurance law and do not alter or change the coverage's, exceptions, exclusions, or conditions of the final policies issued in connection with the subject transaction. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW THIS REPORT WITH A REAL ESTATE PROFESSIONAL REPRESENTING YOUR ..INTEREST IN THIS TRANSACTION. PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING' TITLE TO THE PROPERTY: YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. Initial: Page 1 of 1 CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE PREMIUMS, FEES, AND SERVICE CHARGES This Statement should be attached to all final invoices. Date: May 1, 2023 Title No. ZA-9421-23 The Property: 12655 Sound Avenue, Mattituck, NY 11952 To: TOWN OF SOUTHOLD, DIANE COTUGNO and JAMES KING I acknowledge that I have reviewed the premium calculations, fees and service charges being charged to me. I acknowledge that these charges have been explained to me and that I understand them as set forth on this memorandum. NOTE: You are required to sign this memorandum of acknowledgment pursuant to New York State Insurance Law. TO BE SIGNED BY BUYER/BORROWER TOWN OF SOUTHOLD -SCoA RUL~SSe kk SLkfnrV SCV J t l — TP[t:� INDEMNITY&ACKNOWLEDGMENT Title No. Premises: Date of Closing: The Suffolk County Clerk's Office experienced a cyber-security intrusion on September 8, 2022 that has resulted in multiple computer systems being shut down. As a result,examiners in Suffolk County are currently unable(or limited) to conduct searches of the Suffolk County land records, Suffolk County Clerk's docket and other, databases. This appears to be a county-wide issue,affecting more than just the County Clerk's Office. If the parties choose to proceed with the scheduled closing,we must require additional assurances from the parties in order to issue our policy(ies)of insurance. WHEREAS,Stewart Title Insurance Company("Stewart")has been asked to issue its policy(ies)of insurance to the Insured covering the Premises referenced above(the"Premises")prior to recording the deed, mortgage,and/or other instruments required to be recorded(collectively,the"Closing Documents")without taking exception in such policy(ies)as to matters which may arise between the last Effective Date of the title commitment referenced above and the date and time of recording of the Closing Documents(the"Gap Period"),which matters may be an encumbrance on or affect title to the Premises. NOW,THEREFORE,in consideration of Stewart issuing its policy(ies)of insurance as of the date of closing without taking exception to matters which may arise during the Gap Period,the respective parties affirm as follows: (1) Seller(s)Borrower(s)affirm there are no unrecorded deeds,mortgages,leases,contracts,options, agreements,liens or encumbrances affecting the Premises not disclosed by the referenced title commitment or otherwise disclosed to Stewart. (2) Seller(s)Borrower(s)have received no written notices from any governmental agency or adverse party which would affect title to any portion of the Premises,or which would result in an encumbrance to title. (3) Seller(s)Borrower(s)affirm all labor and materials used in construction of improvements,repairs,or modifications to the Premises have been completed and there are now no unpaid bills for labor or material against the Premises.The Seller(s)Borrower(s)have received no notice of any mechanic's lien claim. (4) Seller(s)Borrower(s)agree to neither allow,nor take any action,within the Gap Period that may result in a lien,encumbrance or other matter adversely affecting title the Premises. In such event, Seller(s)Borrower(s)agree to promptly remove,release,bond or otherwise dispose of,to the satisfaction of Stewart,in its sole discretion,all liens,encumbrances or other objectionable matters filed or recorded against the Premises during the Gap Period. Seller(s)Borrower(s) indemnify,defend and hold Stewart harmless against all claims,costs,losses,liabilities,damages and expenses,including without limitation,attorney's fees and expenses,arising out of or relating to all such matters and the failure to promptly remove,release,bond or otherwise dispose of them, to the satisfaction of Stewart,in its sole discretion. (5) Purchaser(s)/Borrower(s)understand and agree that Stewart cannot provide any estimate as to the time of recordation of the Closing Documents. Purchaser(s)acknowledge that this may impact Purchaser's ability to refinance or sell the Premises,obtain building permits,or demonstrate recorded ownership of,and legal title to,the Premises until such time as the deed or other Closing Documents are recorded. (6) Purchase acknowledges and confirms that Purchaser(s)/R�rrc�rXC(s�,ig�iln, o,�sssjoq,of ,:i... the remises or will'take'ininiediate possession of the Premises as of the Ne'of ex uti 'Sfth ' lbsing" Documents and making this Indemnity&Acknowledgment. All the signatories hereto acknowledge that Stewart and its respective policy-issuing offices are relying on the representations contained herein in issuing said policy(ies)of title insurance. This Indemnity&Acknowledgment may be executed in counterpart. Executed this day of 23 SELLER(S): Prin d Name: M ���� Printed Name: Tit e: JA S i Title: , / &NG CVj,%:A AJ L) Sworn(o,before me this Sworn to before me this , day of 2021 day of MOA 2623 e,q`4ga9s/�taTzpaz}trrrr�nu /f� � /y/�� _ a `4Re$r"S;9Aleerrrtaggrri �`1o ,"SA tllill..-% /f�i iC/► CLY/ ®1/ .aa �/.`J a . q A1SSfpy° �ifl o 9oWtary Public 4 ;�e�uafa.ti fi°.•rry lTotary Public •G co aq•. ,'- •• �1905 PURCHASER( )BORROWER(S�j c�2� 20 t,,a -s��J afi llrraal�Wst;tl`" 8 Printed Name:SC0 4` lsek Printed Name: Title:% J j SCE Title: Sworn to before me this Sworn to before me this day of ,2023 day of ,202_ Notary Public Notary Public ,,`g;{Ai1i 196r1 irrrr' `U Guffodk ,'o A!1/p7'�y 1l n Or 20 RESOLUTION 2022-596 Item# 5.40 ADOPTED DOC ID: 18260 THI§i IS.TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-596 WAS ADOPTED AT THE REGULAR MEETING OYTHE SOUTHOLD TOWN BOARD ON JULY 5,2022: 1 WHEREAS,the Town Board of the Town of Southold is desirous of acquiring two parcels of real property as set forth hereinafter, and WHEREAS,the said properties are situated in Mattituck and Southold respectively, Town of Southold,New York(SCTM No 1000-141-04-10. and SCTM 1000-059-01-26.), being parcels of real property which are required fox public works projects, and WHEREAS,in order to acquire the said parcels it is necessary that an appraisal of the value of the properties be made in order that a fair and reasonable amount may be offered and paid to the owners of the real properties, and WHEREAS, in order to acquire said parcels it may be necessary that certain title, and appraisal services be performed; now,therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs- the Town Attorney to proceed to acquire the two (2)parcels of real property situated in Mattituck and Southold respectively,Town of Southold,New York(SCTM No 1000-141-04-10. and SCTM 1000-059-01-26.),by negotiated purchase; and be it FURTHER RESOLVED that the Town-Attorney is hereby authorized and directed to retain the services of a title examiner as well an appraiser in furtherance of the acquisition of the real property herein., Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski,Mealy, Doherty,Evans,Russell 0�,��a�` RESOLUTION 2022-997 ,6i ADOPTED DOC ID: 18694 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 13,2022: WHEREAS,the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS, the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141,Block 4, Lot 10),being a parcel of real property which is required for drainage improvements, and WHEREAS, in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS, in order to acquire said parcel it may be necessary that certain title, appraisal and engineering services be performed; now,therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141, Block 4, Lot 10), by negotiated purchase; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED ,the Town Board of the Town of Southoldhereby authorizes and directs Supervisor Scott A. Russell to execute a real estate purchase contract. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,Doroski, Mealy, Doherty, Evans, Russell SURVEY OF PROPER I I ��6s NOTES: SITUATE: MATT I TUCK \ TOWN OF SOUTHOLD / ��o�� ■ MONUMENT FOUND SUFFOLK GOUNTY, NY i , / 0 PIPE FOUND SURVEYED 06-23-a8 / �� Q�' AREA = 6,321 5F OR 0.15 ACRES / SUFFOLK COUNTY TAX # CO i REFERENCE DEED: L 11725 P 335 1000 - 141 - 4 -10 �O GERTIFIED TO: DAMES KINGKo w °C Laid Fd� 5 Poi O -o . 110 / co°cr p K / Gaen�rth , / concrete ,�� !�/E 5�6e �ti \ \\ 11D SOS 'Unauthorized alteration or addition to a survey map gearing a]icensetl lend surveyor's seal is a the of NEW "Cf. violation of section w York 5State Education 2. oLaw.' �^ � New York State Etlucetion Law.' Fk �� G. tampen1ld copies from the original of tvalid survey ark.d with an original of the lantl s eyor's O 6tampetl sea]shall be considered to be valid true copies' �(n 'Certifications vntlicatld hereon signify that this ey was preparetl in accortlance with the ex- isting Code of practice for Land Surveys atlopto y gy the New York State Association of Professional / 4 Land Surthe p . Sato cer[if icai�on9 9na11 run Only / d to the person for wham She urvey vs preparetl, and on his be half to the title company,hereon. nh.yo to the assigneestlofefhan lending[institutioution n hCertif ipa- / O tions are not transferao le to atlditional institutions �® S N.Y.S. LIC. NO. 50202 GRAPHIC SCALE V'= 30 ' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 REFERENCE # 98-0190 369-8288 Fax 369-8287 CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. CONTRACT OF SALE—RESIDENTIAL PROPERTY Contract of Sale made as of January_ , 2023 BETWEEN DIANE COTUGNO and JAMES KING,Joint Tenants with the Right of Survivorship, Address: 220 East Mill Road,Mattituck,New York 11952 hereinafter called"SELLER" and TOWN OF SOUTHOLD, a municipal corporation of the State of New York Address: 54375 Main Street, Southold,New York 11971, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase (b) Check from the Town of Southold drawn on any bank, savings the property, together with all buildings and improvements thereon bank,trust company or savings and loan association having a banking (collectively the"Premises"): office in the State of New York,unendorsed and payable to the order of Seller; Street Address: 12655 Sound Avenue,Mattituck,New York (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$1,000.00; Tax Map Designation: Dist 1000,See 141.00,Blk 04.00,Lot 010.000 and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Together with Seller's ownership and rights,if any,to land lying in the 5. Permitted Exceptions. The Premises are sold and shall be conveyed bed of any street or highway, opened or proposed, adjoining the subject to: Premises to the center line thereof, including any right of Seller to any (a) Zoning and subdivision laws and regulations, and landmark, unpaid award by reason of any taking by condemnation and/or for any historic or wetlands designation,provided that they are not violated by damage to the Premises by reason of change of grade of any street or the existing buildings and improvements erected on the property or their highway. Seller shall deliver at no additional cost to Purchaser at use; Closing (as hereinafter defined), or thereafter, on demand, any (b) Consents for the erection of any structures on,under or above any documents that Purchaser may reasonably require for the conveyance of streets on which the Premises abut; such title and the assignment and collection of such award or damages. (c) Encroachments of stoops,areas,cellar steps,trim and cornices, if any,upon any street or highway; 2. Personal Pro er-ty. This sale also ineludes„1l fixtures and A= l (d) Real estate taxes that are a lien,but are not yet due and payable; Fpersonal« eFt„now ett..ehed or appiaFtenant to the Premises,unless and 9«$44oalb' exeluded below. Seller represents end :.»..ants t".:fit (e) Any state of facts an accurate survey show provided same do not Closing they will be paid for-and e „ed by cello,. f.ee and clear-of all render title unmarketable or uninsurable. lions and e„oumbre„eer e e«t e„ 'eXiSta„e«,engage to which this sale (fl Building regulations, covenants, utility easements, restrictions, may be b•ec! The-), hide but„re net limited-to plumbing,heat:„e reservations and agreements of record, provided same do not prohibit lighting d king fix4.res,bathroom d kitehe„ eebinet� „tells the use and/or maintenance of existing structures.The violations of any rr6rrcmb---m�xccoinc:xr�r.�cccircT,-vacrxxw�sr-aijc�-iccccixo...... ,::».. , deer mirrers . ,,:teh pWe-s and deer haFd.., venetian blinder , a„de,,, covenants and restrictions by existing improvements shall not be treatments, b d semens, awnings, st^ windows, stormdoer deemed an objection to tile provided a title company shall agree to insure ,,,„de boxes it be. TV aerials, ether vane, flgpolepumps, that such improvements may remain in their present location as long as shFuf bbe « GtltdOer stet i Feel shed dash, she oh; same shall stand. aching elethes d„,e. garbage disposal unit,range,even,rerigerate (g) Variations between fences, hedges , shrubs, and retaining walls a.eezer, air „lotion« equipment and installatiens, ,etl to AvAll with record lines of title, provided same do not exceed 12" and title -pet:„g and- built a ;Rot eNGl••ded below (spl;i, ut-;„^„^r'^ bLe company will insure same without raising an "out of possession" keens). exception. E 1 d d f this 1 are f •t. and household fiaFaishings and 6. Governmental Violations and Orders. (a) Seller shall comply with 3. Purchase Price. The purchase price is:$ 40,000.00 all notes or notices of violations of law or municipal ordinances,orders payable as follows: or requirements noted or issued as of,the date of closing by any (a)---on the signing of this eantract by PaFeh„wr2L e�lrPa7uoiew governmental department having authority as to lands, housing, the> e hre:(as e „eer defined), SHb:seo^eeetae„ the re,.e a„t buildings,fire,health,environmental and labor conditions affecting the w d t t tl f,,,hi h ;s hemb„ „^,.„^,,,lodged to be held in -ew pursuant to Premises. The Premises shall be conveyed free of them at Closing. ' h se„ . � Seller shall furnish Purchaser with any authorizations necessary to make $ 9 the searches that could disclose these matters. (Delete ;r;._,.„„1:,.,.t,l„) All obligations .,�,.t:«., the nre.,,;se� (b) b ll@wanee f the « «el amount unpgad e„ the a ist;« ih� in„1 .. ffl@rtgage-An the-,date hereof-,payment h D,. hser h of whic ee sell assume- „t to the Administrative Code of the Gity of Now York iRGU..ed prior to/�I..e:«^a«d« .„bte shell be dischaFged by Seller hy-j9indgF-ir tl�@ deed' -$ 0 ... „ mono), by a ha e money note a d„.e..tgage C.e„.Pureherer to Seller. or priorto clesi„S$ ( ) g: $ 40,000.U0 7. Seller's Representations. (a) Seller represents and warrants to d balance at Closing: Purchaser that: (i) The Premises abut or have a right of access to a public road; 4. Acceptable Funds. All money payable under this contract,unless (ii) Seller is the sole owner of the Premises and has the full right, otherwise specified,shall be paid by: power and authority to sell,convey and transfer the same in accordance (a) Cash,but not over$1,000.00; with the terms of this contract; (iii) Seller is not a"foreign person", as that term is defined for price a sum equal to 10%thereof(or any lesser amount permitted by purposes of the Foreign Investment in Real Property Tax Act, Internal law) and shall at Closing remit the withheld amount with the required Revenue Code("IRC") Section 1445, as amended,and the regulations forms to the Internal Revenue Service. promulgated thereunder(collectively"FIRPTA"); (f) The delivery of the Premises and all building(s)and impress (iv) The Premises are not affected by any exemptions or abatements paFt thereof in , free of all debris, of taxes;and vacant and free of leases or tenancies tegeth^with keys to the Promised (v) Seller has been known by no other name for the past ten years, (g) All..1.....bing(including w ter supply and Ceptic systems,if afty), except heating and air- and:tioning if any,eleetr:..^l and«,eeh^«:^^l systems, equipment^«d maeh:«ery in the building(s)leeated en the prepoil•,^«d (b) Seller covenants and warrants that all of the representations and all^ pli^«^es whiek are •chided in th:s sale being i orldng order as warranties set forth in this contract shall be true and correct at Closing. of the date of Closing. (c) Except as otherwise expressly set forth in this contract, none of (h) if the Prem-ises ^ a one r two family house delier., by the Seller's covenants, representations, warranties or other obligations parties at Closing of^fFde..its eomplianee with state and Ineal lam contained in this contract shall survive Closing. requirome«ts to the efF et that there is «Stoned:«the pre«,:^es^smoke doteeting.•l.•r.r,device or dg-Viees 8. Condition of Property. Purchaser acknowledges and represents that (i) The delivery by the parties of any other affidavits required as a Purchaser is fully aware of the physical condition and state of repair of condition of recording the deed. the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that 13. Deed Transfer and Recording Taxes. At Closing, certified or Purchaser is entering into this contract based solely upon such official bank checks payable to the order of the appropriate State,City inspection and investigation and not upon any information, data, or County officer in the amount of any applicable transfer and/or statements or representations, written or oral, as to the physical recording tax payable by reason of the delivery or recording of the deed condition, state of repair, use, cost of operation or any other matter or mortgage, if any, shall be delivered by the party required by law or related to the Premises or the other property included in the sale,given by this contract to pay such transfer and/or recording tax,together with or made by Seller or its representatives, and shall accept the same"as any required tax returns duly executed and sworn to,and such party shall is" in their present condition and state of repair, subject to reasonable cause any such checks and returns to be delivered to the appropriate use,wear,tear and natural deterioration between the date hereof and the officer promptly after Closing. The obligation to pay any additional tax date of Closing (exrmpt as othe^•^^e -e+ c•"" in paragraph 16(f)), or deficiency and any interest or penalties thereon shall survive Closing. without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this 14. Apportionments and Other Adjustments; Water Meter and contract. Purchaser and its authorized representatives shall have the Installment Assessments. (a) To the extent applicable,the following right, at reasonable times and upon reasonable notice(by telephone or shall be apportioned as of midnight of the day before the day of Closing: otherwise)to Seller,to inspect the Premises before Closing. (i) taxes, water- chaYRes and sewer rent on the basis of the lien period for which assessed; (ii) f6e1• (iii) intest the existing ••� 9. Insurable Title. Seller shall give and Purchaser shall accept such eftagoj(iv`premiums existing transferablere in pe4eics and title as any reputable title company licensed to do business in the State renewals of these expiringr to Glesing;(v)• ult^herges;(vi)rent.. of New York shall be willing to approve and insure in accordance with . its standard form of title policy approved by the New York State (b) If Closing shall occur before a new tax rate is fixed, the Insurance Department, subject only to the matters provided for in this apportionment of taxes shall be upon the basis of the tax rate for the contract. immediately preceding fiscal period applied to the latest assessed valuation. 10. Closing,Deed and Title.(a)"Closing"means the settlement of the (0) if there : a 1.vater meter on the Promised Seller shall furnish obligations of Seller and Purchaser to each other under this contract, reading to^ dame not mere than 30 days hef re Closing and the Unfixed including the payment of the purchase price to Seller,and the delivery motor eharge and sewer e«t if any,shall he^ eFtioned on the bass a to Purchaser of a Bargain and Sale Deed with Covenants Against S••^h last-reading. Grantor's Acts in proper statutory short form for recording, duly (d) If at the date of Closing the Premises are affected by an assessment executed and acknowledged, so as to convey to Purchaser fee simple which is or may become payable in annual installments, and the first title to the Premises, free of all encumbrances, except as otherwise installment is then a lien,or has been paid,then for the purposes of this herein stated. The deed shall contain a covenant by Seller as required contract all the unpaid installments shall be considered due and shall be by subd.5 of Section 13 of the Lien Law. paid by Seller at or prior to Closing. (b) The Deed shall be a full Bargain and Sale Deed with covenants (e) Any errors or omissions in computing apportionments or other against Grantor's acts in the proper statutory short form with the adjustments at Closing shall be corrected within a reasonable time following additional language contained in the deed: following Closing. This subparagraph shall survive Closing. "WHEREAS, this certain plot, piece or parcel of land more fully described herein, is being acquired with monies of the Town of 15. Allowance for Unpaid Taxes,etc. Seller has the option to credit Southold,it shall henceforth be used,managed,operated or disposed of Purchaser as an adjustment to the purchase price with the amount of any in accordance with New York State Town Law and Southold Town unpaid taxes,assessments,water charges and sewer rents,together with Code." any interest and penalties thereon to a date not less than five business ^) if ce„er: a corporation, it shall del:..^ to p,.r^h^ er at the days after Closing,provided that official bills therefore computed to said of Closing(i).. solution^f its,Beard,.fPiresters^..the..:.,:«g the sale date are produced at Closing. And deli..^«., of the deed and (ii) certifle,te by the Seeret^ry a Assistant Se^retai=y of the a^ ratio« ^er+:f..:«^ s eh r se-lution. ^«d 16. Use of Purchase Price to Remove Encumbrances. If at Closing setting fei4h farts chewing that the transfer : in ^«f rmity with the there are other liens or encumbrances that Seller is obligated to pay or «tg^f9e^tion ono efthe Business rer-p oration ha; The deed discharge,Seller may use any portion of the cash balance of the purchase ^h ^ e shall .sent^:« ^ reekal suf sie«t to establish ^ «u^«^e price to pay or discharge them, provided Seller shall simultaneously with that Seat:^« deliver to Purchaser at Closing instruments in.recordable form and sufficient to satisfy such liens or encumbrances of record,together with 11. Closing Date and Place. Closing shall take place at the office of the cost of recording or filing said instruments. Upon notice (by the Southold Town Supervisor located at 54375 Main Street,Southold, telephone or otherwise), given not less than 3 business days before New York,on or about 60 days following the adoption of an authorizing Closing,Purchaser shall provide checks as requested to assist in clearing resolution and full execution of this Contract of Sale.The Closing may up these matters. also be done in escrow if agreed to by the parties. 17. Title Examination; Seller's Inability to Convey; Limitations of 12. Conditions to Closing. This contract and Purchaser's obligation to Liability. (a) Purchaser shall order an examination of title in respect of purchase the Premises are also subject to and conditioned upon the the Premises from a title company licensed or authorized to'issue title fulfillment of the following conditions precedent: insurance by the New York State Insurance Department or any agent for (a)Public Hearing held by the Southold Town Board pursuant to the such title company promptly after the execution of this contract or, if Town Code and Section 247 of the General Municipal Law regarding this contract is subject to the mortgage contingency set forth in acquisition of said property paragraph 8, after a mortgage commitment has been accepted by (b) Resolution authorizing the Town of Southold to acquire said Purchaser. Purchaser shall cause a copy of the title report and of any property. additions thereto to be delivered to the attorneys) for Seller promptly (c) The accuracy,as of the date of Closing,of the representations and after receipt thereof. warranties of Seller made in this contract; (b) (i) If at the date of Closing Seller is unable to transfer title to (d) The deliver.. by Seller to p«rehaser of^ valid- and -subsist:fig Purchaser in accordance with this contract,or Purchaser has other valid Ger+:f:^^te ofOeeupane y or other required^ert:a^ate of..omplianee a grounds for refusing to close,whether by reason of liens,encumbrances eyide«^e that«^«e...^s required eaver:« the building(s)and all^fthe or other objections to title or otherwise (herein collectively called Cher im e:.ts , ^^ted on the« pert., authorizing their„ as "Defects"), dther than those subject to which Purchaser is obligated to family dwelling at the date of Glesing accept title hereunder or which Purchaser may have waived and other (e) The delivery by Seller to Purchaser of a certification stating that than those which Seller has herein expressly agreed to remove,remedy Seller is not a foreign person; which certification shall be in the form or discharge and if Purchaser shall be unwilling to waive the same and then required by FIRPTA. If Seller fails to deliver the aforesaid to close title without abatement of the purchase price, then, except as certification or if Purchaser is not entitled under FIRPTA to rely on such hereinafter set forth,Seller shall have the right,at Seller's sole election, certification, Purchaser shall deduct and withhold from the purchase either to take such action as Seller may deem advisable to remove, E �i•emedy, discharge or comply with such Defects or to cancel this which terms shall also include,whether or not included in the definitions contract;(ii)if Seller elects to take action to remove,remedy to comply contained in Applicable Environmental Laws, petroleum, solvents, or with such Defects,Seller shall be entitled from time to time,upon Notice polychlorinated biphenyls; (iv) there are no above ground or to Purchaser,to adjourn the date for Closing hereunder for a period or underground storage tanks or containers at the Premises;(v)there are no periods not exceeding 60 days in the aggregate and the date for Closing liens under Applicable Environmental Laws affecting the Premises and shall be adjourned to a date specified by Seller not beyond such period. no government actions have been taken or,to the knowledge of Seller, If for any reason whatsoever, Seller shall not have succeeded in are in process,which could subject any portion of the Premises to such removing,remedying or complying with such Defects at the expiration liens;and(vi)there are no citations or summons served upon the Seller of such adjournment(s),and if Purchaser shall still be unwilling to waive with respect to and there has been no activity that would give rise to,any the same and to close title without abatement of the purchase price,then release, discharge or deposit, on the Premises that is the subject of this either party may cancel this contract by Notice to the other given within Contract of Sale,of a Hazardous Substance. As used herein,"Hazardous 10 days after such adjourned date; (iii)notwithstanding the foregoing, Substances" shall mean any hazardous materials, hazardous waste, the existing mortgage(unless this sale is subject to the same)and any hazardous and toxic substances, pollutants, contaminants, debris and matter created by Seller after the date hereof shall be released, other solid wastes as those terms are defined by any Applicable discharged or otherwise cured by Seller at or prior to Closing. Environmental Laws. For purposes of this paragraph 24, Hazardous (c) If this contract is canceled pursuant to its terms, other than as a Substances shall not include(y)substances used by Seller in the ordinary result of Purchaser's default,this contract shall terminate and come to maintenance of the Premises,provided such use is in the ordinary course an end, and neither party shall have any further rights, obligations or of Seller's maintenance, and (z) petroleum released in de minimus liabilities against or to the other hereunder or otherwise,except that: (i) amounts and typically associated with the use of portions of the Premises Seller shall promptly refund or eause the rnserwvee to refund th for driving and parking motor vehicles. The representations and the Pownp^yment to Pure rise and to reimburse Purchaser for the net cost provisions of this paragraph shall not survive CLOSING. This of examination of title, including any appropriate additional charges Agreement shall be interpreted and enforced in accordance with the laws related thereto, and the net cost, if actually paid or incurred by of the State of New York. If any provision(s) of this Agreement shall Purchaser,for updating the existing survey of the Premises or of a new be unforceable or invalid, the same shall not affect the remaining survey,and(ii)the obligations under paragraph 23,if applicable,shall provisions of this Agreement and to this end the provisions of this survive the termination of this contract. Agreement are intended to be and shall be severable. 18. Affidavit as to Judgments, Bankruptcies, etc. If a title 25. Environmental Assessment/Clean-Up Contingency. The examination discloses judgments,bankruptcies or other returns against Purchaser's representatives shall, within fourteen (14) days of full persons having names the same as or similar to that of Seller,Seller shall execution of this Contract, inspect the Premises to determine the deliver an affidavit at Closing showing that they are not against Seller. existence of any Hazardous Substances (as defined in Paragraph 24 above) and any other unacceptable materials that are required to be 19. Defaults and Remedies. (a) If Purchaser defaults hereunder,Seller removed prior to Closing consistent with the representations in shall have such remedies as Seller shall be entitled to at law or in equity, paragraph 24 of this Contract. The results of said inspection shall be set including,but not limited to,specific performance. forth in a memorandum from the Town's Community Preservation Fund (b) If Seller defaults hereunder,Purchaser shall have such remedies as Department or in written report from Purchaser's consultant, and Purchaser shall be entitled to at law or in equity, including, but not forwarded to the Seller and Seller's attorney. Prior to closing, Seller limited to,specific performance. shall remove all Hazardous Substances and any unacceptable materials identified in the report and said to exist on the Premises.The removal of 20. Purchaser's Lien. All money paid on account of this contract and all these items shall be completed to the satisfaction of the office of-the the reasonable expenses of examination of title to the Premises and of Community Preservation Fund Department prior to closing. If Seller any survey and survey inspection charges,are hereby made liens on the elects not to undertake any clean up required by this paragraph, Premises, but such liens shall not continue after default by Purchaser purchaser may cancel this contract and neither party shall have any under this contract. further liability to the other,or Purchaser may proceed to Closing liability to the other,or Purchaser may proceed to Closing. 21. Notices. Any notice or other communication("Notice")shall be in writing and either (a) sent by either of the parties hereto or by their 26. Survey. Purchaser agrees, not later than seven(7) days after the respective attorneys who are hereby authorized to do so on their behalf adoption of an authorizing resolution,to order a survey of the premises or by the Escrowee,by registered or certified mail,postage prepaid,or; to be prepared by a surveyor licensed by the State of New York and to (b) delivered in person or by overnight courier, with receipt direct the surveyor to forward copies of the survey and survey reading, acknowledged,to the respective addresses given in this contract for the as well as all related notices, to the Seller's attorney and the title party,to whom the Notice is to be given,or to such other address as such company. Said survey shall be at the cost of the Purchaser. party shall hereafter designate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice 27. IRS W-9 Form. Seller agrees to execute and deliver to Purchaser's mailed shall be deemed given on the third business day following the attorney an IRS Form W-9 at least twenty(20)days prior to closing of date of mailing the same, and each Notice delivered in person or by title so that the Town Comptroller's Office may obtain and disburse overnight courier shall be deemed given when delivered. necessary funds. Seller acknowledges that a delay in the delivery of the W-9 Form will result in the delay of the scheduled Closing date. 22. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any 28. Public Disclosure Statement. Seller shall,within ten(10)days of purported assignment(s)made without such consent shall be void. the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time 23. Broker. Seller and Purchaser each represents and warrants to the of Closing,the Seller shall submit a then applicable statement or a sworn other that it has not dealt with any broker in connection with this sale statement that there have been no changes in interest since the date of other than, XXXXXXXXX (agent: XXXXXX, ("Broker") and Seller this Contract. Any evidence of a conflict of interest or prohibited shall pay Broker any commission earned pursuant to a separate contractual relationship shall require approval of the Contract and sale agreement between Seller and Broker. Seller and Purchaser shall by the Supreme Court of the State of New York. indemnify and defend each other against any costs,claims and expenses, including reasonable attorneys' fees arising out of the breach on their 29. Delivery of Deed. The acceptance of a Deed by the Purchaser shall respective parts of any representation or agreement contained in this be deemed to be full performance in discharge of every agreement and paragraph. The provisions of this paragraph shall survive Closing or,if obligation on the part of the Seller to be performed pursuant to the Closing does not occur, the termination of this contract. Added provisions of this agreement, except those, if any, which are herein suggested changes by Seller's attorney. specifically stated to survive the Closing. 24. Environmental Representations. Seller represents that to the best 30. Acknowledgement of Charitable Contribution. The Purchaser of Seller's knowledge: (i) No Hazardous Substances (as hereinafter acknowledges that the Seller may take a charitable contribution of the defined)have been released, discharged,treated,stored or disposed of, difference between the fair market value of the Premises as may be or otherwise deposited in or on,or migrated to,the Premises,including established by the Seller's appraisal and the purchase price to be paid by without limitation of the generality of the foregoing,the surface waters the Purchaser pursuant to this Agreement. Accordingly,if requested by and subsurface waters of the Premises; (ii)There are no underground Seller,the Purchaser may execute Internal Revenue Service Form 8283 fuel tanks or septic systems on the Premises; (iii) There are no and any other documents required by the Internal Revenue Service in substances or conditions (including asbestos or asbestos-containing conjunction with Seller's claim for a charitable contribution, provided materials)in or on the Premises or any other parcels of and which may Seller's valuation is consistent with the Purchaser's appraised fair materially adversely affect the Premises or use thereof of which would market value. This acknowledgement does not represent and shall not be reasonably likely to support a claim or cause of action under any be construed as concurrence by the Purchaser of the claimed fair market existing federal, state or local environmental statute, regulation, value. ordinance or other environmental regulatory requirement(hereinafter collective called"Applicable Environmental Laws"),including,without 31. IRS§1031. The Purchaser hereby acknowledges that it may be the limitation,the Comprehensive Environmental Response,Compensation intent the Seller to structure its sale as a tax deferred exchange under and Liability Act("CERCLA"),as amended 42 U.S.C. §§6901,et seq., IRC §101031. Seller covenants that this will not delay the close of the the Resource Conservation and Recovery Act("RCRA"),as amended42 subject transaction nor cause the Purchaser any additional expenses. U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New York State, The Seller's rights under the purchase and sale agreement may be assigned to a Qualified Intermediary for IRC §1031 Tax Deferred 4 >;xchanges. Buyer agrees to cooperate with the Seller and the Qualified (e) This contract shall not be binding or effective until duly executed Intermediary to complete the exchange. and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting 32. Utilities. Seller shall discontinue all utilities at the Premises and requirements,if applicable. This subparagraph shall survive Closing. provide"disconnect"letters prior to Closing,including PSEG,National (g) Each party shall, at any time and from time to time, execute, Grid and SCWA. acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably 33. Remeval of Existing improvements. After Closing, Purehaser requested by the other in order to carry out the intent and purpose of this shall e ' sable for removingall imprevementson the, Promises. contract. This subparagraph shall survive Closing. This paragmph shall sun,ive alesing Seller sha4l" provide Purehasefs (h) This contract is intended for the exclusive benefit of the parties With an3 prier surveys, and inferniation Fegar-dingthe lecatien-of hereto and, except as otherwise expressly provided herein, shall not be existing water sen4ees, wells and •n er-gFound e for the benefit of, and shall not create any rights in, or be enforceable above ground fu 1 storage*tank Seller's by,any other person or entity. .. .,. br .... .. „..ragv �=cir-vvrror v�.icS$ionti'ciivraii lcxi-ai�o pr-e .ide D......1...wr with"diseenneet netiens"f.em ell utility Gempanie ^"the promises. 35. Counterparts: This contract may be executed in several counterparts, each of which shall be deemed an original, and all such 34. Miscellaneous. (a) All prior understandings, agreements, counterparts together shall constitute one and the same instrument. representations and warranties, oral or written, between Seller and However,the Contract shall not be effective or enforceable against any Purchaser are merged in this contract;it completely expresses their full party hereto until all parties have completely and properly executed at agreement and has been entered into after full investigation, neither least one counterpart of the Contract. This Contract may be executed party relying upon any statement made by anyone else that is not set by facsimile signatures, electronic (i.e. email) or portable document forth in this contract. format(".PDF")that shall be deemed originals with the originals to be (b) Neither this contract nor any provision thereof may be waived, provided within a reasonable time; facsimile signatures or PDF changed or canceled except in writing. This contract shall also apply to signatures shall be treated as original signatures;and facsimile or PDF and bind the heirs, distributees, legal representatives, successors and copies of this Contract shall be treated as original copies of this permitted assigns of the respective parties. The parties hereby authorize Contract. their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 36. Taxes upon Transfer: Seller hereby acknowledges that the (c) Any singular word or term herein shall also be read as in the plural Purchaser is an exempt municipal entity not subject to NYS transfer and the neuter shall include the masculine and feminine gender,whether taxes. Pursuant to NYS Tax Law Section 1404,the Seller shall have the sense of this contract may require it. the duty to pay such tax obligation. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any SIGNATURE PAGE FOLLOWS provision hereof. 1 z IN WITNESS WHEREOF,this contract has been duly executed by the parties hereto. Seller: Purchaser: TOWN OF SOUTHOLD z� JAMES KING By:SC TT RUSSELL,TO PERVISOR F+Jitti+.L� DIANE COTUGNO Attorney for Seller: Attorney for Purchaser: XXXXXXX Paul M DeChance Esq. XXXXXXXXXXXX Town Attorney Address:XXXXXX Address: 54375 State Route 25 XXXXXXXX Southold,NY 11971 XXXX Town of Southold Tel:XXXX Tel:631-765-1939 Y Contract of Sale PREMISES TITLE NO. Section 141 Block 4 Lots 10 DIANE COTUGNO and JAMES KING County or Town Suffolk,Southold Street Number Address: 54375 State Route 25 Southold,NY 11971 TO SOUTHOLD TOWN D C D V E S PP 21 2023 SUPERVISOR'S OFFICE Office of the Town Attorney TOWN of SOUTHOLD Town of Southold Town Hall Annex, 54375 Route 25 f P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-663 9 MEMORANDUM To: Lauren Standish From: Missy Mirabelli, Secretary to Town Attorney Date: September 21, 2023 Subject: 12655 Sound Ave, Mattituck—James King Tringle of land ( Drainage ro'ect Please be advised that Paul has reviewed and approved the attached Real Estate Closing Documents in connection with the referenced matter. In this regard, - kindly have Scott sign were indicated and return to me for processing. If you have any questions regarding this matter, please do not hesitate to call me. Thank you for your assistance. mmm Affidavit of Delivery State of Ne%)10Vk } County ofSU{ p�� } Date Premises being sworn deposes and says I am the for DIANE COTUGNO and JAMES KING who are the sellers of a certain piece of property located at 12655 Sound Avenue, Mattituck, NY 11952. I have determined at this time that the grantors in the above transaction are presently alive and well and consent to the delivery of their deed to the new buyers named TOWN OF SOUTHOLD Which deed was being held in escrow for the convenience of the grantors only as they are presently living out of town and could not physically be present at closing. I make this affidavit knowing that Zenith Abstract, LLC and Stewart Title Insurance Company will rely upon its truth to issue its fee and mortgage policy and the buyers to accept a Deed to said property. Sworn to me this day of Notary Public wI.4ATTITU. �,a 'x, ,x,,..;. •.a�' '<,� , 77 Z.N., 4 d.n. f'i'. .°i 1,Sh M Ch rs, 'ti n alaaTt �N,...............�. .�+ AFFIDAVIT OF UNDERSTANDING AND INDEMNITY AND HOLD HARMLESS AGREEMENT DUE TO THE COVID-19 EMERGENCY - SALE Property: 12655 Sound Avenue, Mattituck, NY 11952 Date of Closing: _ Seller(s): DIANE COTUGNO and JAMES KING Buyer(s): TOWN OF SOUTHOLD File No: ZA-9421-23 i Owner's Policy No: _ In response to the outbreak of the Coronavirus and the declared states of national and local emergency, a number of government offices have been closed or have had their access significantly limited. As a result, the processing and recording of deeds and other title documents in some jurisdictions has been, and will be, impacted.Although Stewart Title Insurance Company is willing to continue to insure titles for purchasers and lenders under its current policy forms through the ultimate recording date of the deed, mortgage, deed of trust or other insured title document, neither Stewart Title Insurance Company nor its title agents can provide any estimate as to the date of recordation of such title documents in the land records. NOW THEREFORE, as a result of the aforementioned closures and access restrictions and as an inducement to Zenith Abstract, LLC (hereafter"Title Agent")to conduct settlement and to f Stewart Title Insurance Company to issue it policy or policies of title insurance, the undersigned agree as follows: Seller(s) affirm: (a) There are no unrecorded deeds and/or outstanding leases, contracts, options, agreements, trusts or inchoate rights or interests affecting the Property which have not been disclosed to Stewart Title Insurance Company or Title Agent in writing. (b) All labor and materials used in construction of improvements, repairs, or modifications to the Property have been completed and there are now no unpaid bills for labor or material against the improvements or Property. The Sellers have received no notice of any mechanic's lien claim. (c) There are no unrecorded liens or encumbrances affecting the title to the Property, that are not being paid or adjusted as part of the current transaction. (d) Sellers have received no written notice of a proposed or pending special assessment or a pending taking of any portion of the Property by any governmental body; Sellers have no knowledge that work has been or will be performed by any governmental body including, but not limited to, the installation of water or sewer lines or of other utilities, or for improvements such as paving or repaving of streets or alleys, or the installation of curbs and sidewalks. (e) Sellers agree to neither allow, nor take any action, following settlement that may result in a lien, encumbrance or other matter adversely affecting title being placed against the title to the Property. In the event any lien, encumbrance or objectionable matter of title arises or occurs between the date of settlement and the date of the recording of the deed or other title document, Sellers agree to immediately take action to clear and discharge the same and further agree to hold harmless and indemnify Title Agent and Stewart Title Insurance Company against all expenses, costs and attorneys'fees that may arise out of Sellers failure to so remove, bond or otherwise dispose of any such liens, encumbrances or adverse matters of title to the satisfaction of Stewart Title Insurance Company. Buyer(s) understand and agree: (a) Neither Title Agent nor Stewart Title Insurance Company can provide any estimate as to the time of recordation of the deed or other title documents in the Land Records. (b) Among other things, Buyers may not be able to refinance or sell the Property, obtain building permits, or demonstrate recorded ownership of, and legal title to, the Property until the time that the deed or title document is recorded in the land records. The undersigned solemnly affirm(s) under the penalties of perjury and upon personal knowledge that the statements in this Affidavit are true and that this Affidavit is executed in order to induce Title Agent to make and complete settlement on the Property and to induce Stewart Title Insurance Company to issue its policy or policies of title insurance, insuring title to the Property. Sellers: Signature Print: Signature Print: Buyers: Signature Print: Signature Print: Subscribed, affirmed, and acknowledged before me this day of , 2020. NOTARY PUBLIC My Commission Expires: o��S�FFOjK��G a � a o Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-663 9 MEMORANDUM To: Lauren Standish From: Missy Mirabelli, Secretary to Town Attorney Date: September 21, 2023 Subject: 12655 Sound Ave, Mattituck—James King Tringle of land ( Drainage project) Please be advised that Paul has reviewed and approved the attached Real Estate Closing Documents in connection with the referenced matter. In this regard, kindly have Scott sign were indicated and return to me for processing. If you have any questions regarding this matter, please do not hesitate to call me. Thank you for your assistance. mmm GL108S 20 ACS ACCOUNTS PAYABLE SYSTEM Disburs In wiry by Vendor Name View-1 ** Actual Hi . . . . . . . . . . . . . .Detail-- L100N. . . . . . . . . . . . . . Vendor. . 025068 ZENITH ABSTRACT, LL : W-09122023-991 Line: 534 Formula: 0 : Y=Select : Account. . H - .8540.2.100.150 - 7E Date Trx.Date Fund Account : Acct Desc STRMWATER MITIGATION BOND : ----------------------------- eggi Trx Date. . . . . 9/12/2023 SDT 9/13/23 : 9/27/2011 9/27/2011 CM .1189.10 Trx Amount. . . 23394.74 Y, 9/12/2023 9/12/2023 H .8540.2.1 Description. . TTL CHRG/EXP-PRCHS 12655 Y 9/12/2023 0/12/2023 H .8540.2.1 Vendor Code. . 025068 Pay Method: Vendor Name. . ZENITH ABSTRACT, LLC Alt Vnd. . CHECK. . . . . . . . 152956 SCNB Invoice Code. 2022-997 VOUCHER. . . . . . P.O. Code. . . . \� Project Code. Final Payment P Liquid. \ .• Type of 1099. N BOX. 01 Addl. Fixed Asset. . N S Date Released 9/12/2023 Date Cleared. -------------------------------- E F3=Exit F12=Cancel F11=View_Voucher F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .XA . . . : Q . Mirabelli, Melissa From: Athena Duran <Athena @ZenithAbstract.com> Sent: Thursday,August 24, 2023 11:58 AM To: McGivney,Julie; Mirabelli, Melissa Subject: RE:Title No. ZA-9421-23 Attachments: ZA-9421-23 Closing Invoice 08-24-2023.pdf �; This email contains an4Attai Nmr �m an;external recipient,`please open the attachments1with ca`ution:. e `_ Please see attached! ***WIRE FRAUD 1S RAMPANT***This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soupios Dugan ath ena@zenith abbstract.cone 85 South Main Street Sayville,NY 11782 TEL.631.828.8777 FAX 631.828.8779 www.ZenithAbstract.com From: McGivney,Julie<juliem@southoldtownny.gov> Sent:Thursday,August 2,4,2023 11:53 AM To:Athena Duran<Athena@ZenithAbstract.com>; Mirabelli, Melissa <melissa.mirabelli@town.southold.ny.us> Subject: RE:Title No.ZA-9421-23 Athena, Please add the real estate tax to the buyers side. We are paying it. Please include Melissa (Missy)on your response so she can submit the file to you. Thanks, Julie From: McGivney,Julie Sent: Monday,August 21, 2023 8:40 AM To: 'Athena Duran'<Athena@ZenithAbstract.com> Subject: RE:Title No.ZA-9421-23 Hi. Can you please put that tax on the buyers side. We are paying it. Thanks, Julie 1 From:Athena Duran Sent: Friday,August 1O, ZO233:2SPM To: MoGivney,Julie Subject: RE:Title No.ZA'9421-23 ' Given the date and coming to end of the month, | included penalty to9/3Utnbe safe.Thanks! ***WIRE FRAUD IS RAMPANT***This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soupios Duran x5 South Main Street Sayville,NY11702 T8L.63x'828'8777 FAXhJl.828.8779 v,wn^2e"baAhotrxvtovu, ----------------'----- ------''---'----------- ---------' From: McGivney,Julie Sent: Friday,August 1O, 2OZ33:19PM To:Athena Duran< Subject: RE:Title No.2A'9421'Z3 Yes, including any penalties! Sorry! From:Athena Duran Sent: Friday,August 1D, 2O231U:4Q/\M To: McGivney,Julie Subject: RE:Title No.ZA'9421-23 Adding the taxes still showing open tothem? ***WIRE FRAUD IS RAMPANT'This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soupios Duran ' r-----�----'�-'�--' 05South Main Street Sayville,mYl1782 TEL.63l.Vx8.&777 FAX 631.828.8779 www.ZenithAbstract.com From: McGivney,Julie<juliem@southoldtownny.gov> Sent: Friday,August 18, 2023 9:32 AM To:Athena Duran<Athena@Zen ithAbstract.com> Subject: RE:Title No.ZA-9421-23 Thanks, Can you send me amended bill then? From:Athena Duran<Athena@ZenithAbstract.com> Sent:Thursday,August 17,2023 10:15 AM To: McGivney,Julie<1uliem@southoldtownny.gov> Subject: RE:Title No.ZA-9421-23 Ok, please let me know if you need anything further! ***WIRE FRAUD IS RAMPANT***This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soitpios Duran athena a zenithagbbs,tract cony 85 South Main Street Sayville,NY 11782 TEL.631.828.8777 FAX 631.828.8779 mvw.ZenithAbstract.com From: McGivney,Julie<iuliem@southoldtownny.gov> Sent:Thursday,August 17, 2023 8:00 AM To:Athena Duran<Athena@ZenithAbstract.com> Subject: RE:Title No.ZA-9421-23 Athena, Thanks for the email. I am checking with assessor because I believe there should be no tax due for 2"d half. JULIE M. McGIVNEY Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, New York 11971 631-765-1939 3 631-765-6639 Juliem(a,southoldtownny.gov CONFIDENTIALITY NOTICE:This electronic mail transmission is intended only for the use of the individual'or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient,you are hereby notified that any disclosure, copying, distribution,or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Thanks Julie From:Athena Duran<Athena@Zen ithAbstract.com> Sent:Wednesday,August 16,2023 4:03 PM To: McGivney,Julie<iuliem@southoldtownny.gov> Subject: RE:Title No.ZA-9421-23 Importance: High °This)email+contains,an;Attachmerrom an external recipient, lease.o' entiia.attadiments'With,caution' Hi,Julie.The second half IS OPEN! See attached-with penalty good thru 8/31/23,there is$170.38 due. Please confirm you will be including payment for same in your package to us. ***WIRE FRAUD IS RAMPANT***This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soupios Duran ath ena@wtith abstract.cons 'E?t�Yl`E`t-3'di.i35T'El.4�G"t':LLC. 85 South Main Street Sayville,NY 11782 TEL.631.828.8777 FAX 631.828.8779 www.ZenithAbstract.com From:Athena Duran Sent: Wednesday,August 16, 2023 2:12 PM To: McGivney,Julie<luliem@southoldtownny.Bov> Subject: RE:Title No.ZA-9421-23 Hi,Julie. I have ordered tax contin to confirm same—thanks. 4 ***WIRE FRAUD IS RAMPANT***This Agency independently verifies all wiring instructions. Our own wiring instructions WILL NOT CHANGE AND WILL NOT BE SENT VIA FACSIMILE—if you are advised of a change to,our wiring instructions or receive same via facsimile, it is recommended you verify the information received by contacting the office using an independently obtained phone number. Athena Soupios Duran athena@zenithabstract cone r -11-1 A%5"I`RAgr.,La c. 85 South Main Street Sayville,NY 11782 TEL.631.828.8777 i FAX 631.828.8779 www2en ithAbstract.com From: McGivney,Julie<iuliem _southoldtownny.gov> Sent: Wednesday,August 16, 2023 2:04 PM To:Athena Duran<AthenaC@ZenithAbstract.com> ; Subject:Title No.ZA-9421-23 Hi there. I am preparing the file to send to you and would just ask for updated title bill. I believe there are no taxes due as the Town took title in end of May. Thanks, Julie JULIE M. McGIVNEY Assistant Town Attorney Town of Southold Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, New York 11971 631-765-1939 631-765-6639 Juliem t,southoldtownny.gov CONFIDENTIALITY NOTICE:This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient,you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 5 w 1 ' y ,' :25Hyat`�:Stre�t5,ute�::301.: ,a 5t�t�ri::�Sla�rd IVl'`.1�3Q . r . y( p C :1'AL DATA ,,. ;��VI���.5.. Fa�c• ;�718,�:81�:.�91Q1 . Set forth below are:the unpaid.taxes, water rates,.assessments which are properly filed an&indexed liens as of the date of this search. .--CONTIN: 8/16/2023- County: . SUFFOLK Title Number: ZENITH ZA-9421-23 Swis Code 473889 Town/City: TOWN OF SOUTHOLD Area: MATTITUCK(NOT INC) Address: 12655 SOUND.AVENUE Owner: KING JAMES/COTUGNO DIANE Tax Class: . 311 RESIDENTIAL VACANT LAND School Dist: 12-MATTITUCK-CUTCHOGUE AFTER 5/31:ADD5%PENALTY+71 District: 1.000 Acreage: 0.25 INTEREST J D TO COMPOUNDED GOO PAYABLE TO SUFFOLK COUNTY CO R Section: 141.00 Item#: Block: 04.00 Land AV: 200 Lot: 010.000 Total AV: 200 •�- � Exemptions: NON EXEMPT 5-, 4b 3 r� 2022/2023 TOWN AND SCHOOL TAXES TOTAL: $303.29 _ YEAR:'12/1-11/30 1ST HALF: $151.64 PAID V 12/28/2022 DUE: 12/1 . 2ND HALF: .$151.65' OPEN - FEN DUE: 5/1 PRIOR.TOWN AND SCHOOL TAXES PAID. V WATER DISTRICT: SUFFOLK COUNTY WATER AUTHORITY BILLING INFORMATION UNAVAILABLE SUBJECT TO FINAL READING PRESENT BILL/RECEIPT:AT CLOSING POSTING DATE: 3/16/2023 SUBJECT TO CONTINUATION CURRENT SEWER USAGE CHARGES ARE NOT INCLUDED IN THIS TAX SEARCH. MDS DOES NOT.SEARCH SAME UNLESS SEWER SEARCH.IS.SPECIFICALLY REQUESTED.B.OTH.P,.RIVATE AND MUNICIPAL WATER-DISTRICTS CAN RE-LEVY UNPAID CHARGES TO A FUTURE TAX BILL.:FINAL READ/UP-TO-DATE BILL OR RECEIPT MUST.BE PRODUCED AT CLOSING: Our policy does not insure against such items which have not become a lien up to the date of policy or installments due after the date of.the.policy.Neither our tax search nor. our policy covers any part of streets on which.the premises to be insured abut. Recent payments of any open items returned on this tax searbh'may:not be reflected on the.. public records.Therefore,please,request the seller or borrower to have receipts for hills available at the closing: MUNICIPAL.DATA SERVICES,INC. 4035396 15070.197 . 0 Page 1 of 2 v 225`Hjiatt Street=:S:uite.3 .Staten.lsland;;NY•10307 v Phorie—(718)::875-0707`. 1 $ Fax—'(718j:81 S=9101_ v` °www:munidata:com. Continued Set forth below are the unpaid taxes., water rates, assessments which are properly filed and indexed.liens.as.of the date of this search. County: SUFFOLK Title Number: ZENITH 2A-9421.-23. PAYMENT INFORMATION TOWN AND SCHOOL TAX COLLECTOR TOWN OF SOUTHOLD ' RECEIVER OF TAXES ' PO BOX 1409 SOUTHOLD, NY . 11971 PHONE: (631) 765-1803 PLEASE NOTE THAT AFTER 5/31 EAQH`.YEAR, TOWN AND SCHOOLTAXES MUST BE PAID TO: SUFFOLK COUNTY.COMPTROLLER. 330 CENTER DRIVE RIVERHEAD,'NY 11901 CONTACT(631) 852-1500 FOR ASSISTANCE. Our policy does not Insure against such,item which have not become a lien up to the date of policy or installments due after the date of the policy.Neither our tax search nor our policy covers any part of streets on which the premises to be insure abut. Recent payments of any open Items retume'd on this tax search may not be reflected on the public records.Therefore,please request the seller or borrower to have receipts.for bills available at the closing. MUNICIPAL DATA SERVICES,INC. 4036396 15070197 Paget of2 Mirabelli, Melissa From: s Mealy, Brian Sent: Friday,January 20, 2023 6:21 PM To: DeChance, Paul; Louisa Evans; Russell, Scott Cc: Doherty,Jill; Doroski, Greg; Evans, Louisa; Nappa, Sarah; Mirabelli, Melissa Subject: Re: DeSimone Thank you Paul for including your suggested changes have a good weekend. Brian From: DeChance, Paul Sent: Friday,January 20, 2023 4:38:18 PM To: Louisa Evans; Russell,Scott Cc: Doherty,Jill; Doroski, Greg; Mealy, Brian; Evans, Louisa; Nappa,Sarah; Mirabelli, Melissa Subject: RE: DeSimone Attached please find the proposed contract of sale for the acquisition of 41245 Route 25 in Peconic(SCTM 1000-86-1- 3.001). 1 request that the Board review same to determine whether the proposal comports with the town's understanding of the transaction. The proposed contact calls for the purchase of the parcel for the total sum of 1.4 million. The downpayment on contact execution is$140,000.00. Closing to occur within 45 days with no contingencies. I have reviewed the proposal and anticipate making a few requests for modification, as detailed below,with the Board's approval—the most significant request would be to modify the document to obligate the Seller any applicable transfer taxes [NYS Transfer tax, Peconic Bay, newly enacted Supplemental RE tax and NYS Mansion Tax(NY Tax Law Sec 1402- a)]. If this issue was part of the negotiation for the parcel please let me know. New York's Tax Law provides that where, as here, the municipal purchaser is exempt from paying any required tax,the burden then falls to the Seller. Proposed paragraph "48"attempts to require the Town to hold the Seller free and harmless from this obligation. Proposed changes to be requested: Paragraph "15"—Closing to take place at Town Hall; Paragraph "16" (d), (e) and (f)—eliminate strike outs; Paragraph "28" (i)—eliminate strike out; - Paragraph "39" -Add appraisal costs as reimbursable to the Town where the seller is unable to convey title; Paragraph "48" -eliminate; Paragraph "49" -request proof of abandonment and location of underground oil tank; Paragraph "52"—eliminate? I am advised that Seller will not remove the structures from the parcel? Paragraph "53"-eliminate? I am advised that Seller will not remove the structures from the parcel? Please contact me with any questions/concerns. I await your collective advice on the above. Have a good weekend. Paul 1 (iii) 'Seller is not a"foreign person", as that term is defined for price a sum equal to 10%thereof(or any lesser amount permitted by purposds of the Foreign Investment in Real Property Tax Act,Internal law) and shall at Closing remit the withheld amount with the required Revenue Code("IRC") Section 1445,as amended, and the regulations forms to the Internal Revenue Service. promulgated thereunder(collectively"FIRPTA"); (f) The delivery of the Premises and all build (iv) The Premises are not affected by any exemptions or abatements , free of all debris, of taxes;and vacant and free of leases or tenancies€eget:.ei:w:th keys to is Promises. (v) Seller has been known by no other name for the past ten years, (g) All plumbing(including water-sup„' and sqfiG systems,if ari5q, except heating and nditis . equipment and m�ehiaer-y in the building(s)located an tho preperty 4a (b) Seller covenants and warrants that all of the representations and all appliances which are included in this sale being in wer4ing order- warranties set forth in this contract shall be true and correct at Closing. of the date of Cloy:„. (c) Except as otherwise expressly set forth in this contract,none of (h) if the Promises __ _ ____ __ two_ li ' th family house, A Seller's covenants, representations, warranties or other obligations paFfies at Closing of affida-vits in cemplianee with state and local law contained in this contract shall survive Closing. requirements te the off-bet that there is installed in th D T detocting alarm device or devices. 8. Condition of Property. Purchaser acknowledges and represents that (i) The delivery by the parties of any other affidavits required as a Purchaser is fully aware of the physical condition and state of repair of condition of recording the deed. the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that 13. Deed Transfer and Recording Taxes. At Closing, certified or Purchaser is entering into this contract based solely upon such official bank checks payable to the order of the appropriate State,City inspection and investigation and not upon any information, data, or County'officer in the amount of any applicable transfer and/or statements or representations, written or oral, as to the physical recording tax payable by reason of the delivery or recording of the deed condition, state of repair, use, cost of operation or any other matter or mortgage, if any, shall be delivered by the party required by law or related to the Premises or the other property included in the sale,given by this contract to pay such transfer and/or recording tax,together with or made by Seller or its representatives, and shall accept the same"as any required tax returns duly executed and sworn to,and such party shall is" in their present condition and state of repair, subject to reasonable cause any such checks and returns to be delivered to the appropriate use,wear,tear and natural deterioration between the date hereof and the officer promptly after Closing. The obligation to pay any additional tax date of Closing (except as etherwise set Fa-a, in paragraph 16(f)), or deficiency and any interest or penalties thereon shall survive Closing. without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this 14. Apportionments and Other Adjustments; Water Meter and contract. Purchaser and its authorized representatives shall have the Installment Assessments. (a) To the extent applicable,the following right,at reasonable times and upon reasonable notice(by telephone or shall be apportioned as of midnight of the day before the day of Closing: otherwise)to Seller,to inspect the Premises before Closing. (i) taxes, , on the basis of the lien period for which assessed; (4) fuel; "'i` interest on the existing 9. Insurable Title. Seller shall give and Purchaser shall accept such FROFtgRgej title as any reputable title company licensed to do business in the State retie.;c'.s of these e to Closi • ( )vault ch • ( '� + of New York shall be willing to approve and insure in accordance with as and when eelleated. its standard form of title policy approved by the New York State (b) If Closing shall occur before a new tax rate is fixed, the Insurance Department, subject only to the matters provided for in this apportionment of taxes shall be upon the basis of the tax rate for the contract. immediately preceding fiscal period applied to the latest assessed valuation. 10. Closing,Deed and Title.(a)"Closing"means the settlement of the (e) if the..,. is „water meter on the nrorais__ Seller-shall a ,, obligations of Seller and Purchaser to each other under this contract,' ad: to a date- of mere th. 30 a ' fi ,, reading J 1 f Gl a th including the payment of the purchase price to Seller, and the delivery motor rhaFge and^ rent,if J,shall be appeftiened on th basis to Purchaser of a Bargain and Sale Deed with Covenants Against such last reading. Grantor's Acts in proper statutory short form for recording, duly (d) If at the date of Closing the Premises are affected by an assessment executed and acknowledged, so as to convey to Purchaser fee simple which is or may become payable in annual installments, and the first title to the Premises, free of all encumbrances, except as otherwise installment is then a lien,or has been paid,then for the purposes of this herein stated. The deed shall contain a covenant by Seller as required contract all the unpaid installments shall be considered due and shall be by subd.5 of Section 13 of the Lien Law. paid by Seller at or prior to Closing. (b) The Deed shall be a full Bargain and Sale Deed with covenants (e) Any errors or omissions in computing apportionments or other against Grantor's acts in the proper statutory short form with the adjustments at Closing shall be corrected within a reasonable time following additional language contained in the deed: following Closing. This subparagraph shall survive Closing. "WHEREAS, this certain plot, piece or parcel of land more fully described herein, is being acquired with monies of the Town of 15. Allowance for Unpaid Taxes,etc. Seller has the option to credit Southold,it shall henceforth be used,managed,operated or disposed of Purchaser as an adjustment to the purchase price with the amount of any in accordance with New York State Town Law and Southold Town unpaid taxes,assessments,water charges and sewer rents,together with Code." any interest and penalties thereon to a date not less than five business (e) if Seller-is a a ratien :t shall 1 Purchaser- t th time days after Closing,provided that official bills therefore computed to said o of Closing(i)" elut:, of its .1 Beard of Di ..et, thee date are produced at Closing. and delivM, of the deed, and (4) a Gedifleate by the Soer-etafy of Assistant Seeretw of the wp Fat:.,„ eftif g h ' resolution and 16. Use of Purchase Price to Remove Encumbrances. If at Closing setting fe#h facts showing that the tra nsf;is in ee;thy.ity, •moo there are other Iiens or encumbrances that Seller is obligated to pay or discharge,Seller may use any portion of the cash balance of the purchase in lrh AR a shall contain " recital sufficient t to establish compliance price to pay or discharge them, provided Seller shall simultaneously with that Section. deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with 11. Closing Date and Place. Closing shall take place at the office of the cost of recording or filing said instruments. Upon notice (by the Southold Town Supervisor located at 54375 Main Street,Southold, telephone or otherwise), given not less than 3 business days before New York,on or about 60 days following the adoption of an authorizing Closing,Purchaser shall provide checks as requested to assist in clearing resolution and full execution of this Contract of Sale.The Closing may up these matters. also be done in escrow if agreed to by the parties. -'remedy,'discharge or comply with such Defects or to cancel this which terms shall also include,whether or not included in the definitions contract;(ii)if Seller elects to take action to remove,remedy to gomply contained in Applicable Environmental Laws, petroleum, solvents, or with such Defects,Seller shall be entitled.from time to time,upon Notice polychlorinated biphenyls; (iv) there are' no above ground or to Purchaser,to adjourn the date for Closing hereunder for a period or underground storage tanks or containers at the Premises;(v)there are no periods not exceeding 60 days in the aggregate and the date for Closing liens under Applicable Environmental Laws affecting the Premises and shall be adjourned to a date specified by Seller not beyond such period. no government actions have been taken or, to the knowledge of Seller, If for any reason whatsoever, Seller shall not have succeeded in are in process,which could subject any portion of the Premises to such removing,remedying or complying with such Defects at the expiration liens;and(vi)there are no citations or summons served upon the Seller of such adjoumment(s),and if Purchaser shall still be unwilling to waive with respect to and there has been no activity that would give rise to,any the same and to close title without abatement of the purchase price,then release, discharge or deposit,on the Premises that is the subject of this either party may cancel this contract by Notice to the other given within Contract of Sale,of a Hazardous Substance. As used herein,"Hazardous 10 days after such adjourned date; (iii)notwithstanding the foregoing, Substances" shall mean any hazardous materials, hazardous waste, the existing mortgage(unless this sale is subject to.the same)and any hazardous and toxic substances, pollutants, contaminants, debris and matter created by Seller after the date hereof shall be released, other solid wastes as those terms are defined by any Applicable discharged or otherwise cured by Seller at or prior to Closing. , Environmental Laws. For purposes of this paragraph 24, Hazardous (c) If this contract is canceled pursuant to its terms, other than as a Substances shall not include(y)substances used by Seller in the ordinary result of Purchaser's default,this contract shall terminate and come to maintenance of the Premises,provided such use is in the ordinary course an end, and neither party shall have any further rights, obligations or of Seller's maintenance, and (z) petroleum released in de minimus Iiabilities against or to the other hereunder or otherwise,except that: (i) amounts and typically associated with the use ofportions of the Premises Seller shall promptly mfun ^r cause tho Ese ewee te refund the for driving and parking motor vehicles. The representations and the I3 reimburse Purchaser for the net cost provisions of this paragraph shall not survive CLOSING. This of examination of title, including any appropriate additional charges Agreement shall be interpreted and enforced in accordance with the laws related thereto, and the net cost, if actually paid or incurred by of the State of New York. If any provision(s)of this Agreement shall Purchaser,for updating the existing survey of the Premises or of a new be unforceable or invalid, the same shall not affect the remaining survey,and(ii)the obligations under paragraph 23,if applicable,shall provisions of this Agreement and to this end the provisions of this survive the termination of this contract. Agreement are intended to be and shall be severable. 18. Affidavit as to Judgments, Bankruptcies, etc. If a title 25. Environmental Assessment/Clean-Up Contingency. The examination discloses judgments,bankruptcies or other returns against Purchaser's representatives shall, within fourteen (14) days of full persons having names the same as or similar to that of Seller,Seller shall - execution of this Contract, inspect the Premises to determine the deliver an affidavit at Closing showing that they are not against Seller.' existence of any Hazardous Substances (as defined in Paragraph 24 above) and any other unacceptable materials that are required to be 19. Defaults and Remedies. (a) If Purchaser defaults hereunder,Seller removed prior to Closing consistent with the representations in shall have such remedies as Seller shall be entitled to at law or in equity, paragraph 24 of this Contract. The results of said inspection shall be set including,but not limited to,specific performance. forth in a memorandum from the Town's Community Preservation Fund (b) If Seller defaults hereunder,Purchaser shall have such remedies as Department or in written report from Purchaser's consultant, # Purchaser shall be entitled to at law or in equity, including, but not forwarded to the Seller and Seller's attorney. Prior to closing,-Seller limited to,specific performance. shall remove all Hazardous Substances and any unacceptable materials identified in the report and said to exist on the Premises.The removal of 20. Purchaser's Lien. All money paid on account of this contract and all these items shall be completed to the satisfaction of the office of the the reasonable expenses of examination of title to the Premises and of Community Preservation Fund Department prior to closing. If Seller any survey and survey inspection charges,are hereby made liens on the elects not to undertake any clean up required by this paragraph, ,Premises, but such liens shall not continue after default by Purchaser purchaser may cancel this contract and neither party shall have any under this contract. further liability to the other,or Purchaser may proceed to Closing liability to the other,or Purchaser may proceed to Closing. 21. Notices. Any notice or other communication("Notice")shall be in writing and either (a) sent by either of the parties hereto or by their 26. Survey. Purchaser agrees, not later than seven(7)days after the respective attorneys who are hereby authorized to do so on their behalf adoption of an authorizing resolution,to order a survey of the premises or by the Escrowee,by registered or certified mail,postage prepaid,.or; to be prepared by a surveyor licensed by the State of New York and to (b) delivered in person or by overnight courier, with receipt direct the surveyor to forward copies of the survey and survey reading, acknowledged,to the respective addresses given in this contract for the as well as all related notices, to the Seller's attorney and the title party,to whom the Notice is to be given,or to such other address as such company. Said survey shall be at the cost of the Purchaser. party shall hereafter designate by Notice given to the other party or parties and the-Escrowee pursuant to this paragraph. Each Notice 27. IRS W-9 Form. Seller agrees to execute and deliver to Purchaser's mailed shall be deemed given on the third business day following the attorney an IRS Form W-9 at least twenty(20)days prior to closing of date of mailing the same, and each Notice delivered in person or by title so that the Town Comptroller's Office may obtain and disburse overnight courier shall be deemed given when delivered. necessary funds. Seller acknowledges that a delay in the delivery of the W-9 Form will result in the delay of the scheduled Closing date. 22..No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any 28. Public Disclosure Statement. Seller shall,within ten(10)days of purported assignment(s)made without such consent shall be void. the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At thetime 23. Broker. Seller and Purchaser each represents and warrants to the of Closing,the Seller shall submit athen applicable statement or a sworn other that it has not dealt with any broker in connection with this sale statement that there have been no changes in interest since the date of other than, XXXXXXXXX (agent: XXXXXX, ("Broker") and Seller this Contract. Any evidence of a conflict of interest or prohibited shall pay Broker any commission earned pursuant to a separate contractual relationship shall require approval of the Contract and sale agreement between Seller and Broker. Seller and Purchaser shall by the Supreme Court of the State of New York. indemnify and defend each other against any costs,claims and expenses, including reasonable attorneys' fees arising out of the breach on their 29. Delivery of Deed. The acceptance of a Deed by the Purchaser shall respective parts of any representation or agreement contained in this be deemed to be full performance in discharge of every agreement and paragraph. The provisions of this paragraph shall survive Closing or,if obligation on the part of the Seller to be performed pursuant to the Closing does not occur, the termination of this contract. Added provisions of this agreement, except those, if any, which are herein 'P,xchanges.-Buyer agrees to cooperate with the Seller and the Qualified (e) This contract shall not be binding or effective until duly executed Intermediary to complete the exchange. and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting 32. Utilities. Seller shall discontinue all utilities at the Premises and requirements,if applicable. This subparagraph shall survive Closing. provide"disconnect'letters prior to Closing,including PSEG,National (g) Each party shall, at any time and from time to time, execute, Grid and SCWA. acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably 33 Removal of Existing improvements. Aft®r Closing,-12urshaser- requested by the other in order to carry out the intent and purpose of this responsibleshall be d " r the D enises- contract. This subparagraph shall survive Closing. This Y"raph shall suFvive Glesing. S0116F sh4l provide Airehaser-s (h) This contract is intended for the exclusive benefit of the parties a r � e "d infermatien regardingthe leratien eF hereto and, except as otherwise expressly provided herein,shall not be for the benefit of, and shall not create any rights in, or be enforceable abovea „d fuel star-age tanks in allpossession.Seller shall„ , by,any other person entity. F "from all utility cempanies servioing „r-emises 35. Counterparts: This contract may be executed in several counterparts,each of which shall be deemed an original,and all such 34. Miscellaneous. (a) All prior understandings, agreements, counterparts together shall constitute one and the same instrument. representations and warranties, oral or written, between Seller and However,the Contract shall not be effective or enforceable against any Purchaser are merged in this contract;it completely expresses their full party hereto until all parties have completely and properly executed at agreement and has been entered into after full investigation, neither Ieast one counterpart of the Contract. This Contract may be executed party relying upon any statement made by anyone else that is not set by facsimile signatures, electronic (i.e. email) or portable document forth in this contract. format(".PDF")that shall be deemed originals with the originals to be (b) Neither this contract nor any provision thereof may be waived, provided within a reasonable time; facsimile signatures or PDF changed or canceled except in writing. This contract shall also apply to signatures shall be treated as original signatures;and facsimile or PDF and bind the heirs, distributees, legal representatives, successors and copies of this Contract shall be treated as original copies of this permitted assigns of the respective parties. The parties hereby authorize Contract. their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 36. Taxes upon Transfer: Seller hereby acknowledges that the (c) Any singular word or term herein shall also be read as in the plural Purchaser is an exempt municipal entity not subject to NYS transfer and the neuter shall include the masculine and feminine gender,whether taxes. Pursuant to NYS Tax Law Section 1404,the Seller shall have the sense of this contract may require it. the duty to pay such tax obligation. (d) The captions in this contract are for convenience of reference only and in no.way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any SIGNATURE PAGE FOLLOWS provision hereof. [ ] IN WITNESS WHEREOF,this contract has been duly executed by the parties hereto. Seller: Purchaser: TOWN OF SOUTHOLD JAMES KING By: COTT RUSSELL,TOWN SUPERVISOR DIANE COTUGNO Attorney for Seller: Attorney for Purchaser: XXXXXXX Paul M DeChance Esq. XXXXXXXXXXXX Town Attorney Address:XXXXXX Address: 54375 State Route 25 XXXXXXXX Southold,NY 11971 XXXX Town of Southold Tel:XXXX Tel:631-765-1939 Contract of Sale PREMISES i ITLE NO. Section 141 Block 4 Lots 10 DIANE COTUGNO and JAMES KING County or Town Suffolk,Southold Street Number Address: 54375 State Route 25 Southold,NY 11971 TO SOUTHOLD TOWN 1 '3 ar Vendor No. Check No. Town of Southold, New York - Payment Voucher Vendor Name Vendor Address Entered by James King & Diane Cotugno 220 East Mill Road Vendor Name Mattituek, NY 11952 Audit Date Vendor Telephone Number Town Clerk Vendor Contact Invoice Invoice Invoice Net Purchase Order-, Number Date Total Discount Amount Claimed Number Description of Goods or Services General Ledger Fund and Account Number Land Purchase : 12655 Sound 2022-997 12/13/2022 $40,000.00 $40,000.00 Ave,Mattituck,NY 11952 Totals: $40,000.00 $40,000.00 Payee Certification Department Certification The undersigned(Claimant)(Acting on behalf of the above named claimant) I hereby certify that the materials above specified have been received by me does hereby certify that the foregoing claim is true and correct,that no part has in good condition without substitution,the services properly been paid,except as therein stated,that the balance therein stated is actually performed and that the quantities thereof have been verified with the exceptions due and owing,and that taxes from which the Town is exempt are excluded. or discrepancies noted,and payment is approved. Signature Title Signature Company Name Date Title Date i r" t Zenith Abstract, LLC 85 South Main Street, Sayville, NY 11782• Phone No. 631-828-8777• Fax No.631-828-8779 Title No.: ZA-9421-23 T L 1 N G I N VO K E Client: Paul M DeChance,Esq. Applicant: TOWN OF SOUTHOLD Closing Date: 05/24/2023 at 8:00 AM Salesperson: Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist.1000 Sec.141.00 Block 04.00 Lot 010.000 Owners: DIANE COTUGNO and JAMES KING Buyers: TOWN OF SOUTHOLD CHARGE DESCRIPTION ,.''`.. 13UYfR(S)',,` ;SELLER(S).,. LENDER(S)':- - ;,TITLE POLICIES AND INFORMATION,: Policy Premiums " Fee Simple Policy for$40,000.00 Owners Policy Premium $352.00 (Premium$352.00) • Underwriter Compensation$60.30, Endorsements "` ` _ Title Agent Compensation$341.70 Owners Waiver of Arbitration Owners $50.00 Property Type is Residential Vacant Land 1 Family • *Title Company may charge $100.00 per hour if the closing is longer than 2 hours,if the closing is ReeordirigTaxes' after 5 PM or takes place on Transfer Tax New York State(TP584) $160.001 weekends. This charge shall be Transfer Tax Peconic Bay Region paid by a separate check at the closing and be made payable to the title company. Redording-Fees Underwriter:Stewart Title Insurance Deed Recording(3p+Coversheet) $520.00 Company • +items are subject to NYS Sales Tax Escrows Other dharges' s Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches + $400.00 Bankruptcy Searches + $90.00 Patriot Name Search + $90.00 Sales Tax Suffolk-8.625% $50.03 TOTAL TO.Zenith-Abstract,LLC'` $1,707.51 ;.''.._::,,4160.06 - . ' GRAND TOTAL•'$1,867.5 DISCLOSUREiNFORMATION.". t NOTICE: Title costs for this transaction may include charges for certain services not specified in the state approved Rate Manual and are provided by this Company at the request of your lender or attorney. Printed on 05/02/2023 9:42:13 AM (Continued on next page). Page 1 of 2 Zenith Abstract, LLB tr 85 South Main Street, Sayville, NY 11782• Phone No. 631-828-8777• Fax No. 631-828-8779 For Company Use Only: CHECK FROM/TO : "r :- CHECK NO. : COMPANY•PAYMENT-:;: DIRECT-PAYMENT:. TOTAL: 1 Printed on 05/02/2023 9:42:13 AM Page 2 of 2 r a 5UFF0(,o� RESOLUTION 2022-997 ADOPTED DOC ID: 18694 a THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 13, 2022: WHEREAS,the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS,the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141, Block 4, Lot 10), being a parcel of real property which is required for drainage improvements, and WHEREAS, in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS, in order to acquire said parcel it may be necessary that certain title, appraisal and engineering services be performed; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141, Block 4, Lot 10), by negotiated purchase; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED ,the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a real estate purchase contract. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell CONSUMER NOTICES AND DISCLOSURES AS REQUIRED PURSUANT TO NEW YORK INSURANCE LAW: Date: March 22, 2023 Title No. ZA-9421-23 The Property: 12655 Sound Avenue, Mattituck, NY 11952 To: (Borrower) These disclosures and Notices are for the purposes of compliance with New York Insurance law and do not alter or change the coverage's, exceptions, exclusions, or conditions of the final policies issued in connection with the subject transaction. Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject, to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW THIS REPORT WITH A REAL ESTATE PROFESSIONAL REPRESENTING YOUR INTEREST IN THIS TRANSACTION. PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS INFORMATION CAREFULLY. Initial: Page 1 of 1 85 South Main Street, Sayville, NY 11782• Phone No. 631-828-8777• Fax No. 631-828-8779 MEMORANDUM OF Title No.: ZA-9421-23 Client: Paul M DeChance, Esq. ANC5LLARY CHARGES Applicant: TOWN OF SOUTHOLD Reference: TOWN OF SOUTHOLD from COTUGNO, etal. Premises: 12655 Sound Avenue, Mattituck, NY 11952 Dist. 1000 Sec. 141.00 Block 04.00 Lot 010.000 Owner(s): DIANE COTUGNO and JAMES KING May 1, 2023 Buyer(s): TOWN OF SOUTHOLD Other(s): SCOTT RUSSELL The charges noted below are for ancillary service charges not encompassed in the title premiums approved by the Superintendent of the Department of Financial Services. Said services were requested by your lender or your attorney. By signing below you are acknowledging and agreeing to pay said fees. '.ANCILLARY AND,DISCRETIONARY CHARGES .`: ~p' :CHARGE`t Escrow Service Charge $50.00 Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches $400.00 Bankruptcy Searches $90.00 Patriot Name Search $90.00 TOTAL CHARGESc Buyer:TOWN OF SOUTHOLD Page 1 of 1 REFUND INFORMATION FORM ***DUE TO THE HIGH VOLUME OF LOST MAIL WE ARE ENCOURAGING ALL DEPOSITORS TO PROVIDE ROUTING AND ACCOUNT,NUMBERS FOR REFUND BY ACH CREDIT TITLE NO: ZA-9421-23 TOWN OF SOUTHOLD ❑Please mail my refund. I understand I am responsible for any stop payment fees which may be due as a result of checks lost in transit, and that the stop payment fee will be deducted from my refund. Address after closing: Phone Number after closing: ❑Please send my refund by ACH Credit. I have attached avoided check—or- my correct routing and account numbers appear below: ROUTING NUMBER: ACCOUNT No. REPRINT ACCOUNT No. BANK NAME The information collected herein is not shared with any other person or entity and is used solely by the Agency. . . .. t, Zenith .abstract, LLC 85 South Main Street Sayville, NY 11782 631-828-8777 631-828-8779 ESCROW AND DEPOSIT AGREEMENT Title No.ZA-9421-23 Date: Zenith Abstract, LLC, as agent for Stewart Title Insurance Company, as Depositary, acknowledges receipt from the undersigned Depositor, of the sum of One hundred fifty one and 65/100 Dollars ($ 151.65) as indemnity and security for the payment,satisfaction,discharge or disposition of the following liens, encumbrances, charges or other matters,to wit: 2nd half 2022/23 Town &School Tax(due 5/1) affecting premises known as: 12655 Sound Avenue, Mattituck, N.Y. COUNTY: Suffolk District 1000 Section 141.00 Block 04.00 Lot 010.000 VILLAGE: TOWN: Southold SCHOOL DISTRICT: ( ) The Depositary is hereby authorized out of said Deposit to pay, satisfy, discharge or otherwise dispose of said items immediately.- The Depositor agrees to pay to the Depositary any deficiency in the event the Deposit is not sufficient to pay said items. ( ) The Depositor agrees to produce proper paid vouchers, or other evidence of payment or disposition of said items aforesaid, in form satisfactory to the Depositary before 30 DAYS FROM THE DATE HEREOF UNLESS OTHERWISE AGREED TO BY DEPOSITARY HEREIN. If such vouchers, etc. are not produced before such date, the Depositary is authorized to pay, satisfy, discharge or otherwise dispose of said items, to retain counsel in connection therewith if it deems it necessary and to pay such counsel out of said Deposit and the Depositor agrees to pay to the Depositary any deficiency in the event the Deposit is not sufficient to pay or dispose of said items and fees. In addition to the foregoing, the Depositary is authorized to impose any service charges established and filed by the New York Board of Title Underwriters for handling this Deposit. If this agreement is not fully complied with by Depositor within the time herein specified, the Depositary may, in its sole discretion, impose any additional service charge established and filed by the New York Board of Title Underwriters. The Depositary shall be under no duty to invest or reinvest any cash at any time held by it hereunder. The Depositary may commingle any deposits held hereunder with other deposits or with its own funds and may invest any part or all such funds for its own benefit and shall have no obligation to Depositor for any interest or earnings derived thereby. Provided, however, nothing herein shall diminish Depositary's obligation to apply the full amount of the deposits to the payment, satisfaction or other disposition of the subject matter of this agreement. Depositary shall be entitled to an annual escrow maintenance charge of $50.00 to be deducted out the balance of this Deposit. Upon the full compliance and disposition herewith, the balance of this Deposit, if any and without interest, shall be refunded to the Depositor, excepting any balance of$20.00 or less shall be retained by the Depositary as an additional service charge. Nevertheless,the Depositary, at any time and at its sole discretion, and without notice, is authorized to offset against said Deposit any amounts owed to it by the Depositor. The Depositor further agrees to indemnify, save and hold harmless the Depositary from any loss or damage Whatsoever arising out of or by reason of the failure of the Depositor to perform all of the covenants and conditions hereof. Notwithstanding anything herein contained to the contrary, the Depositary is authorized, without notice, to pay, satisfy or otherwise dispose of said items and to retain counsel in connection herewith, even prior to the date hereinabove specified for compliance, whenever in its sole discretion, title to said premises or marketability should be protected; all payments, charges, disbursements, fees and deficiencies to be charged against this Deposit and the Depositor. I understand that the cost of services is$50 PER ITEM, $50 PER TITLE CONTINUATION,AND FUNDS HELD BY THE DEPOSITARY FOR 1 YEAR OR MORE ARE SUBJECT TO AN ANNUAL MAINTENANCE FEE OF$50 PER YEAR. I UNDERSTAND THAT DEPOSITARY WILL RUN TITLE CONTINUATIONS AS NEEDED, AT THEIR DISCRETION. DEPOSITARY WILL BE JUDICIOUS/N THIS REGARD. 1. In the event that the Depositor fails to comply with any Depositor's obligations, Depositary may cause compliance therewith to be effected and pay out of the Deposit the amount required to effect compliance including any expense, disbursement and/or counsel fee incurred in connection therewith. Notwithstanding any provision to the contrary, Depositary is authorized without notice to_Depositor to accelerate Depositor's performance date at any time that Depositary, in its sole discretion, deems it advisable to do so to protect the title to the insured premises or the marketability thereof. Depositary will deduct a minimum of$250.00 for its services in dispensing with the obligation in the event Depositor fails to perform or comply as above. 2. Depositary may deduct from the Deposit any unpaid title charges or other sums due to Depositary and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay on demand any deficiency in TP-SDNY-367.01 case the Deposit is not sufficient and further agrees to hold Depositary harmless from any loss or expense it may sustain by reason of such insufficiency. 3. Depositary accepts the Deposit at the request of and for the accommodation of Depositor and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay all charges and expenses, including counsel fees, incurred by Depositary by reason of its having accepted the Deposit. Depositary shall have the right to issue reinsurance and indemnifications based on the Deposit. In such event, the Deposit shall continue to be held in accordance with its terms. 4. Depositary shall deduct from any escrow balance a Stop Payment fee of$25.00 for checks which are returned to the office for any reason and by any party including but not limited to Tax Receivers, Creditors, or Depositor. 5. The Deposit may not be assigned by Depositor. 6. This Agreement constitutes the entire agreement between Depositor and Depositary concerning the Deposit. 7. No modification of any of Depositor's obligations shall be effective unless authorized in writing by Depositary 8. If the Deposit is taken for more than one purpose, in the absence of agreement to the contrary,the allocation of the funds among the several purposes shall be at the sole discretion of Depositary. 9. Depositor acknowledges that the waiver by Depositary of any particular provision of this Agreement shall not constitute a waiver of any other provision contained herein. Furthermore, in the event that any provision of this Agreement is held to be unenforceable, all other provisions shall remain in full force and effect. 10. Depositary agrees to refund the balance of the Deposit, if any, upon performance of the Depositor's obligations to the satisfaction of Depositary. Depositor executes and delivers this Agreement to induce Depositary in its capacity as title insurer to issue its policy or policies of title insurance with respect to the Premises and for other good and valuable consideration. In the event Depositary collects taxes based upon a tax amount with an exemption, and the exemption is not renewed resulting in a shortage,the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit payment to the tax receiver within the grace period. If Depositor does not provide the company with the shortage amount within the grace period, Depositor is solely responsible for any interest and penalties that may accrue with no further notice to the Depositor. In the event Depositary collects taxes based upon a tax amount with an"UNOFFICIAL PAYMENT"as posted by the NYC-Dept. of Finance, and the payment results in a shortage, bounced check or other,the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit timely payment to the tax receiver. If Depositor does not provide the company with the shortage amount within the grace period, Depositor is solely responsible for any interest and penalties that may accrue with no further notice to Depositor. AGREED TO: Zenith Abstract, LLC BY: DEPOSITOR: TOWN OF SOUTHOLD DEPOSITOR PHONE NUMBER: ATTORNEY: REFUND TO: TP-SDNY-367.01 r J / AFFIDAVIT OF UNDERSTANDING AND INDEMNITY AND HOLD HARMLESS AGREEMENT DUE TO THE COVID-19 EMERGENCY— FINANCING Property: 12655 Sound Avenue, Mattituck, NY 11952 Date of Closing: - Borrower(s): TOWN OF SOUTHOLD File No: ZA-9421-23 Commitment No: In response to the outbreak of the Coronavirus and the declared states of national and local emergency, a number of government offices have been closed or have had their access significantly limited. As a result, the processing and recording of deeds, deeds of trust and other title documents in some jurisdictions has been, and will be, impacted. Although Stewart Title Insurance Company is willing to continue to insure titles for purchasers and lenders under its current policy forms through the ultimate recording date of the deed, mortgage, deed of trust or other insured title document, neither First American nor its title agents can provide any estimate as to the date of recordation of such title documents in the land records. NOW THEREFORE, as a result of the aforementioned closures and access restrictions and as an inducement to Zenith Abstract. LLC (hereafter "Title Agent") to conduct settlement and to Stewart Title Insurance Company to issue it policy or policies of title insurance, the undersigned agree as follows: Borrower(s) affirm: (a) There are no unrecorded deeds and/or outstanding leases, contracts, options, agreements, trusts or inchoate rights or interests affecting the Property.which have not been disclosed to Stewart Title Insurance Company or Title Agent in writing. (b) All labor and materials used in construction of improvements, repairs, or modifications to the Property have been completed and there are now no unpaid bills for labor or material against the improvements or Property. The Borrowers have received no notice of any mechanic's lien claim. (c) There are no unrecorded liens or encumbrances affecting the title to the Property, which are not being paid or adjusted as part of the current transaction. (d) Borrowers have received no written notice of a proposed or pending special assessment or a pending taking of any portion of the Property by any governmental body; Borrowers have no knowledge that work has been or will be performed by any governmental body including, but not limited to, the installation of water or sewer lines or of other utilities, or for improvements such as paving or repaving of streets or alleys, or the installation of curbs and sidewalks. (e) Borrowers agree to neither allow, nor take any action, following settlement that may result in a lien, encumbrance or other matter adversely affecting title being placed against the title to the Property. In the event any lien, encumbrance or objectionable matter of title arises or occurs between the date of settlement and the date of the recording of the mortgage, deed of trust or other title document, Borrowers agree to immediately take action to clear and discharge the same and further agree to hold harmless and indemnify Title Agent and Stewart Title Insurance Company against all expenses, costs and attorneys' fees that may arise out of Borrowers failure to so remove, bond or otherwise dispose of any such liens, encumbrances or adverse matters of title to the satisfaction of Stewart Title Insurance Company. Borrower(s) understand and agree: (a) Neither.Title Agent nor Stewart Title Insurance Company can provide any estimate as to the time of recordation of the deed of trust or other title documents in'the Land Records. (b) Among other things, Borrowers may not be able to refinance or sell the Property, or provide recorded evidence of the status liens against the Property until the time that the deed of trust or title document is recorded in the land records. The undersigned solemnly states under oath and affirm(s) under the penalties of perjury and upon personal knowledge that the statements in this Affidavit are true and that this Affidavit is executed in order to induce Title Agent to make and complete settlement on the Property and to induce First American to issue its policy or policies of title insurance, insuring title to the Property. Borrowers: Signature Print: Signature Print: Subscribed, sworn to, affirmed, and acknowledged before me this day of , ?A�tS.r�0a3 NOTARY PUBLIC My Commission Expires: i -2- OWNERSHIP CHANGE NOTICE TO RECEIVER OF TAXES Receiver of Taxes Premises: 12655 Sound Avenue, Mattituck, NY 11952, County: Suffolk Town: Southold Tax ID: District 1000 Section 141.00 Block 04.00 Lot 010.000 Please be advised that ownership of the above premises has been transferred.to TOWN OF SOUTHOLD Please mail future tax bills to the following address UNLESS INSTRUCTED OTHERWISE BY MORTGAGE LENDER: DIANE COTUGNO and JA S KING TOWN OF SOUTHOLD i *TITLE CLOSER:..THIS FORM PROVIDED,TO BUY£R AS A COURTESY. ONCE COMPLETE PLEASE PROVIDE TaTHEM�ALONG WI A COPY'OF TAX'SEARCHTFOR ADDRESS ANDfi CONTACT 111IFORMATION*** ' I Zenith Abstract, LLC Agent for Stewart Title Insurance Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,directly or through its affiliates,from sharing nonpublic personal information } about you with a non affiliated third party unless the institution. provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities'to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Zenith Abstract, LLC agent for Stewart Title Insurance Company. J We may collect nonpublic personal information about you from the following sources. • Information we received from you such as on applications or other forms. • Information about your transactions we secure from our files,.or from (our affiliates or) others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction,such as the real estate agent or lending. Unless it is specifically stated otherwise in an amended privacy policy notice, no additional nonpublic personal,information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated companies third parties as permitted by law.We may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking;consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANYPURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 'We restrict access to nonpublic personal information about you to'those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. X X DIANE COTUGNO and JAMES KI X X TOWN OF SOUTHOLD Dated 85 South Main Street, Sayville, NY 11782• Phone o. 631-82 777 • Fax No. 631-828-8779 Title No.: ZA-9421-23 717LE CLOSING INVOICE Client: Paul M DeChance,Esq. Applicant: TOWN OF SOUTHOLD Closing Date: 05/24/2023 at 8:00 AM Salesperson: Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist.1000 Sec.141.00 Block 04.00 Lot 010.000 Owners: DIANE COTUGNO and JAMES KING Buyers: TOWN OF SOUTHOLD CHARGE DESCRIPTION` , ._.;.,,°:._ ' BUYER(S)'. ;., : ,.SELLER(S) • LENDER(S)°;. TITLE POLICIES"AND INFORMATION Policy Premiums ` Fee Simple Policy for$40,000.00 Owners Policy Premium $352.00 (Premium$352.00) • Underwriter Compensation$60.30, Endorsements.'-1 Title Agent Compensation$341.70 Owners Waiver of Arbitration Owners $50.00 Property Type is Residential Vacant Land 1 Family • *Title Company may charge $100.00 per hour if the closing is longer than 2 hours,if the closing is RecordingTaxes after 5 PM or takes place on Transfer Tax New York State(TP584) $160.00 weekends. This charge shall be Transfer Tax Peconic Bay Region paid by a separate check at the closing and be made payable to the title company. Recording Fees .' Underwriter:Stewart Title Insurance Deed Recording(3p+Coversheet) $520.00 Company • +items are subject to NYS Sales Tax Escrows, 2nd half 2022/23 Town&School Tax(due $151.65 5/1) Other:Ct%arges Escrow Service Charge $50.00 Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches + $400.00 Bankruptcy Searches + $90.00 Patriot Name Search + $90.00 Sales Tax Suffolk-8.625% $50.03 TOTAL TO Zenith Abstract;`I.LC r:°.,; •;.... •. 'u $11,909:16 $160:00 GRAND tOTAL $Z069.16 'DISCLOSURE INFORMATION -- NOTICE: Title costs for this transaction may include charges for certain services not specified'in the state approved Rate Manual and are provided by this Company at the request of your lender or attorney. Printed on 05/01/2023 1:32:10 PM (Continued on next page). Page 1 of 2 INbst1 acli, LL .�',?'."a E"c r..y.r,,. .Y �•..s:. .y.v. .E a y ,�vn' 85 South Main Street, Sayville, NY 11782• Phone No. 631-828-8777 • Fax No. 631-828-8779 For Company Use Only: CHECtC FR6M%T0 CHECK No. CQMPANY PAYMENT ; .DIRECT PAYMENT TOTAL: Printed on 05/01/2023 1:32:10 PM Page 2 of 2 Zenith Abstract, LLC 85 South Main Street,Sayville, NY 11782• Phone No. 631-828-8777•Fax No.631-828-877``9 Title No.: ZA-9421-23 -p �%-M EllC�P -" Client Paul M DeChance,Esq. h l-L : 17 Applicant: TOWN OF SOUTHOLD Closing Date: 05/24/2023 at 8:00 AM Salesperson: Premises: 12655 Sound Avenue,Mattituck,NY 11952 Dist.1000 Sec.141.00 Block 04.00 Lot 010.000 Owners: DIANE COTUGNO and JAMES KING Buyers: TOWN OF SOUTHOLD CHARGE QESCRIPf10N` ' : .``' ';': :--'-BUYER(S)• •"'SELLER(S) LENDERS)--:. . :TITLE POLICIES AND INFORMIATION'- Pbliby Premluins .. `':.: = Fee Simple Policy.for$40,000.00 Owners Policy Premium $352.00 (Premium$352.00) • Underwriter Compensation$60.30, Endorsement§;' Title Agent Compensation$341.70 Owners Waiver of Arbitration Owners $50.00 Property Type is Residential Vacant Land 1 Family • *Title Company may charge $100.00 per hour if the closing is longer than 2 hours,.if the closing is RedordingTaxes'; ? after PM or takes place on Transfer Tax New York State(TP584) $160.00 weekends. This charge shall be Transfer Tax Peconic Bay Region paid by a separate check at the closing and be made payable to the title company. Ri+cordl69-Fee6•: Underwriter.Stewart Title Insurance Deed Recording(3p+Coversheet) $520.00 Company • +items are subject to NYS Sales Tax EsdrbW6- ,:. Ottier'Ctiarges Recording Service Charge $45.00 Express Delivery $90.48 Municipal Fees $20.00 Municipal Searches + $400.00 Bankruptcy Searches + $90.00 Patriot Name Search + $90.00 I Sales Tax Suffolk-8.625% $50.03 TOfALTbleriitliAbstract;.LLC. :` • :''..:' .:: ';'$1;T07.5� ::;: •$160.00 - "; GRAND.TOTAL '$�t867:5 DISCLOSURE`INFORMATION,:••�• • '- •• •• • .• '" ' NOTICE: Title costs for this transaction may include charges for certain services not specified in the state approved Rate Manual and are provided by this Company at the request of your lender or attorney. Printed on 05/02/2023 9:42:13 AM (Continued on next page). Page 1 of 2 Zenith Abstract, LLB 85 South Main Street, Sayville, NY 11782• Phone No.631-828-8777•Fax No.631-828-8779 For Company Use Only: CHECK FROM/ro CHECK NO. COMPANY PAYMENT•:- DIRECT PAYMENT TOTAL: Printed on 05/02/2023 9:42:13 AM Page 2 of 2 • s CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before,the title closing. Unless different provision is made in this contract,Sections 5-13 11 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. CONTRACT OF SALE-RESIDENTIAL PROPERTY Contract of Sale made as of January ,2023 BETWEEN DIANE COTUGNO and JAMES KING,Joint Tenants with the Right of Survivorship, Address: 220 East Mill Road,Mattituck,New York 11952 hereinafter called"SELLER" and TOWN OF SOUTHOLD, a municipal corporation of the State of New York Address: 54375 Main Street, Southold,New York 11971, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase (b) Check from the Town of Southold drawn on any bank, savings the property, together with all buildings and improvements thereon bank,trust company or savings and loan association having a banking (collectively the"Premises"): office in the State of New York,unendorsed and payable to the order of Seller; Street Address: 12655 Sound Avenue,Mattituck,New York (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$1,000.00; Tax Map Designation: Dist 1000,See 141.00,Blk 04.00,Lot 010.000 and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Together with Seller's ownership and rights,if any,to land lying in the 5. Permitted Exceptions. The Premises are sold and shall be conveyed bed of any street or highway, opened or proposed, adjoining the subject to: Premises to the center line thereof, including any right of Seller to any (a) Zoning and subdivision laws'and regulations, and landmark, unpaid award by reason of any taking by condemnation and/or for any historic or wetlands designation,provided that they are not violated by damage to the Premises by reason of change of grade of any street or the existing buildings and improvements erected on the property or their highway. Seller shall deliver at no additional cost to Purchaser at use; Closing (as hereinafter defined), or thereafter, on demand, any (b) Consents for the erection of any structures on,under or above any documents that Purchaser may reasonably require for the conveyance of streets on which the Premises abut; such title and the assignment and collection of such award or damages. (c) Encroachments of stoops,areas,cellar steps,trim and cornices,if any,upon any street or highway; 2. Personal Property. This sale alse Deludes all-fH (d) Real estate taxes that are a lien, but are not yet due and payable; of «. i l tenant t the Promises, , Y r r ��r YY and spooi€ieally excluded belew. Seller represents-and waFfants that (e) Any state of facts an accurate survey show provided-same do not Closing theywill be paid f and ewRed by Sell SelleF,free and clear of all" render title unmarketable or uninsurable. liens "'o br '' ' " h this �l (f) Building regulations, covenants, utility easements, restrictions, -""�'*'�•^-ti it LRirOiQiraP inejudr J �- b b b may be l4eet reservations and agreements of record, provided same do not prohibit lighting and e6ele` b f a � `' , bathroom 'it " b' the use and/or maintenance of existing structures.The violations of any door miners,switGli b plates ,venetian bliRds,'-..r==nO.. covenants and restrictions by existing improvements shall not be «.....,«...ents shad a a deemed an objection to the provided a title company shall agree to insure b'+weather vane, flagpeh�,,-� that such improvements may remain in their present location as long as same shall stand. maehina,el then a J r b " b - e+even, _---disposal unit fi.: te-f (g) Variations between fences, hedges , shrubs, and retaining walls fre®""", air- eenditiening equipment and "installations, with record lines of title, provided same do not exceed 12" and title ,IF—fig and built ins not exeluded belew (;90-Ae out inapplieabi-e company will insure same without raising an "out of possession" exception. Exeluded fizein this sale are hmiture and household fiaFaishings and 6. Governmental Violations and Orders. (a) Seller shall comply with a+ AA nAn AA -11 -- —'°------ . . r RESOLUTION 202.2-997 Zt 1W OP 1i LIc DGC ID: 18694 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 13,2022: WHEREAS,the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter,and WHEREAS,the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141,Block 4,Lot 10),being a parcel of real properly which is required for drainage improvements,and WHEREAS,in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS,in order to acquire said parcel it may be necessary that certain title,appraisal and engineering services be performed;now,therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street,Town of Southold,New York(SCTM No. 1000, Section 141,Block 4,Lot 10), by negotiated purchase;and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein;and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED,the Town Board of the Town of Southold hereby authorizes and. directs Supervisor Scott A. Russell to execute a real estate purchase contract. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski,Mealy,Doherty,Evans,Russell r ith Abstract, LLC 85 South Main Street, Sayville, NY 11782• Phone No. 631-828-8777• Fax No. 631-828-8779 n��°<�; "'"" a>n.,s'.ai aeF"��o:,. ,��';....• ,.- . •..„, :',.v"f'�� ? se�,,°,;w,f., 7�'aR"rr c;'e.ae:.,,,�. 42123 � a°,o bar�,A,s°v'r x°. '„�ffirsg°. ,r.� ,a.�... ,.,iss,,. <.a.s•»� ..,ya- ,� s Paul M DeChance, Esq. Phone: 631-765-1939 Town Attorney of Southold Fax: 631-765-6639 54375 Main Rd Email: pauld@southoldtownny.gov P.O. Box 1179 Southold, NY 11971 Reference: TOWN OF SOUTHOLD from COTUGNO, etal. ,. m� r:�, ",�'e^�?'.; �°"sir„.°. �°z;'��' °-%im R PfIR7S`jJA :BEEN.'SI»NT TU ,. .;° dz ». N,"a ail!> °`� .. 5/.' /`:i;>.. •`„r�"�;,�'',:'':s �'4 12655 Sound Avenue, Mattituck, NY 11952 Tax ID Dist. 1000'Sec. 141.00 Block 04.00 Lot 010.000 County:Suffolk Town:Southold !'I'liti � ,- ., :✓.t"r„'- %o ;%rn s, �e�; g�'$�" °;FR �. .t:`"°'.bw Owner(s): DIANE COTUGNO and JAMES KING Buyer(s): TOWN OF SOUTHOLD Other(s): SCOTT RUSSELL a ;:.;esn•`� a; yeay�vx,:t ?.r V " 1$r-"a „ ° ,..r,.: .� 'pie°> :.SM. °w; ",:Et'r'✓:..ti;''.f:�"' 's,:.. ,.r ".�°. •;&aw ?r• "i;ee '>.' aC�� Tax Search, Certificate of Occupancy, Housing and Building Violation Report,Street Report(NYC), Highway Department Report,Sewer Search, Fire Department Report, Emergency Repair Lien Report ��t'�:.�i?o�:tcl`ES s • �b �� �°" � 3 �'°-g �-'�°"'� .' ``sip,° � � :'s .y� , r s � t ��' ° %a��'° �; .?-,.. �° :=x ' "t a ,4�� v � ,�tn..s..�.�.� �; �'- •a s�l,eY �aa �-wb.�' ,��rr� �v',k�°';6 Owners Policy: $40,000.00 , Fee Simple Underwriter: Stewart Title Insurance Company Report Printed On 03/22/2023 Page 1 of 1 ZENITH ABSTRACT, LLC COURTESY REVIEW NOTES ZA-9421-23 PLEASE PROVIDESELLERS' OWNERS' POLICY PLEASE TAKE NOTE OF THE FOLLOWING POINTS/EXCEPTIONS APPEARING IN REPORT ATTACHED HERETO: ➢ COVID-19 SALE AFFIDAVIT REQUIRED at closing,sample attached hereto ➢ There are no outstanding mortgages found of record;therefore Company will require a statement in affidavit form from the record owners that there are no open mortgage debts against the subject property ➢ Guaranteed survey required to be provided ➢ 2 judgments vs.JAMES KING found of record o Payoff at closing,or o Original Satisfaction at closing,or o Proof judgment(s) is/are not against TERENCE LEWIS,but someone of a similar name ➢ 2 judgments vs. prior owner,SCOTT RUSSELL found of record ➢ 2 judgments vs. proposed purchaser,TOWN OF SOUTHOLD found.of record ➢ Please supply Social Security No.for JAMES KING—required for Bankruptcy Search,see herein ➢ Bankruptcy Search returns NUMEROUS Case Summaries vs.TOWN OF SOUTHOLD,see Bankruptcy Search,herein ➢ 2022/2023 Town and School Taxes 2"d Yz due 5/1, OPEN and payable—subject to continuation o NOTE. Escrow at closing ➢ Premises are serviced by the Suffolk County Water Authority—subject to final reading and/or invoice ➢ Municipal Searches outstanding: Certificate of Occupancy, Housing and Building, Emergency Repair 3122 cjw This information is supplied as a courtesy only and is not intended to be a substitute for thorough review of report contents by Counsel for the parties to the transaction. Agency assumes no liability for the accuracy of contents or lack thereof with respect to this courtesy listing. I I I 1 Schedule A Title Number: ZA-9421-23 Effective Date: 2/3/2023 Premises: 12655 Sound Avenue, Mattituck, NY 11952 County: Suffolk Town: Southold Tax ID: District 1000 Section 141.00 Block 04.00 Lot 010.000 ALTA Owner's Policy 2006 (with N.Y. Endorsement Modifications) $40,000.00 Proposed Insured: TOWN OF SOUTHOLD i ALTA Loan Policy 2006 (with Endorsement Modifications) Proposed Insured: , its successors and/or assigns as their interests may appear. I The estate or interest in the land described or referred to in this Certificate and covered herein is: Fee Simple Title to said estate or interest in said land at the effective date hereof is vested in: DIANE COTUGNO and JAMES KING, as joint tenants with rights of survivorship I Source of Title: Deed made by County of Suffolk dated 06/02/1998 recorded 06/04/1998 in i Liber 11897 Page 228 in the Office of the Clerk of the County of Suffolk. i I FOR INFORMATION ONLY: SEARCH OF PUBLIC RECORDS DOES NOT EVIDENCE CHANGE IN VESTING WITHIN THE LAST 24 MONTHS Recertified Date: / / Title Recertified In: I The land referred to in this Certificate is described as follows: I SCHEDULE "A" DESCRIPTION TO FOLLOW I i 1 I I i I I I Title Number: ZA-9421-23 j SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: I I BEGINNING at a point on the Northerly side of Main Street where the same is intersected by the Southerly side of land of the Long Island Railroad Company; and j RUNNING THENCE Easterly along Main Street 136.00 feet more or less to land of Henry P. Tuthill; THENCE Northerly along last mentioned land 83.00 feet more or less to land of the Long Island Railroad Company; THENCE Southwest along said Railroad land 160.00 feet more or less to place of BEGINNING. District 1000 Section 141.00 Block 04.00 Lot 010.000 FOR INFORMATION ONLY: Premises commonly known as: 12655 Sound Avenue, Mattituck, NY 11952 BEING AND INTENDED TO DESCRIBE the same premises as conveyed to the Grantor herein by Deed in Liber 11897 Page 228 I I I 1 I r � i ;;. •: t': ... -.t:;.r.wti Hier arl TCde-1r,ISici'P';ic i Title Number:ZA=9421-23 Page 1 Schedule B Hereinafter set forth are additional matters which will appear in our policy as exceptions from coverage,unless disposed of to our satisfaction prior to the closing or delivery of the policy. DISPOSITION 1. Taxes, tax liens, tax sales, water rates, sewer and assessments set forth in schedule herein. 2. Mortgages returned herein ( NONE). See Mortgage Schedule herein. NOTE: Company finds no outstanding mortgages of record; therefore Company will require a statement in affidavit form from the record owners that there are no open mortgage debts against the subject property. i 3. Rights of tenants or persons in possession. 4. Survey made by John C. Ehlers Land Surveyor dated 6/23/1998, not guaranteed, shows no variations to lines of record title. Also shown is vacant land. Policy excepts any state of facts a current guaranteed survey would show. 5. Covenants, conditions, easements, leases, agreements of record, if any. NONE FOUND 6. Tax map varies with description. I 7. NOTE: The ability to search and record in Suffolk County has been affected due to;the recent cyber breach. Therefore, each Suffolk County transaction must be carefully reviewed and examined, and underwriting approval may be required. Please be aware that the Company may, at its discretion, raise additional exceptions or require additional'; affidavits/indemnities. 8. The premises described in Schedule "A" herein is subject to the provisions of the Peconic Bay Region Community Preservation Fund Transfer Tax (Article 31-D Tax Law). 9. The Suffolk County Clerk requires that the Peconic Bay Transfer Tax form be submitted on it's standard legal length (8 1/2" by 14") and will reject a reduced size. 10. SCOTT RUSSELL, prior owner, has been run for judgments and federal tax liens—2 JUDGMENTS—SEE HEREIN. 11. The Certified Owners DIANE COTUGNO and JAMES KING have been run for judgments, parking violations, federal tax liens, and environmental control board liens— JAMES KING—2 JUDGMENTS—SEE HEREIN I I ' 1 � i i �ilti; d�SuF'cZjZGt? 1fv(!)iZpiCiiy ��•° i Title Number: ZA-9421-23 Page 2 12. For Information Only: Proposed purchaser TOWN OF SOUTHOLD has been run ford judgments, parking violations, federal tax liens, and environmental control board liens—2 JUDGMENTS—SEE HEREIN j I 13. Proof is required that DIANE COTUGNO, JAMES KING and TOWN OF SOUTHOLD have not been known by any other name in the past 1.0 years. 14. Proof is required to show that the person executing the deed at closing is the same person as grantee in Liber 11897 page 228, the certified owner herein. 15. Closing deed must recite "Being and intended to be the same premises conveyed to the party of the first part by deed in Liber 11897 page 228." 16. In 2018 the Suffolk County Water Authority("SCWA') began exercising its right to levy unpaid water charges and surcharges from accounts which are closed on the property tax bill of the premises serviced. (See Chapter 363 of the Laws of 2016 amended the Public Authorities Law to add Section 1078-f(the "SCWA Law") It is a general policy of the SCWA to perform final readings only after transfer of title has taken place, with a final invoice available approximately 2 weeks later. Any Policy(ies) issued at closing will'except . all charges, surcharges and tax liens arising from any SCWA account connected to the premises unless other arrangements are made with the Agency in advance of closing. A minimum of$600.00 must be deposited in escrow with the Agency for a minimum of 6 months after closing in order for such policy exception to be waived. The Agency reserves the right to require more funds or time at its discretion. Alternately, the parties herein are advised to (1) Check the water service account balance online at hftps://www.scwa.com/residential/account balance/ (2) Check for surcharges at https://www.scwa.com/residential/check for existing water main surcharges/ (Please note that the surcharge inquiry is a form submission for which the SCWA does not provide an estimated return time); or I (3) Contact SCWA by phone at(631) 698-9500 to obtain items 1 and 2 verbally; (4) Order the final reading once closing date has been confirmed; • I Make suitable arrangements under the guidance of each party's respective counsel to provide for the payment of charges that may arise after closing or as a result of the;final reading. i 17. Policy will except any matter arising out of the remote or online notarization of any deed, mortgage or other instrument presented to the Agency in connection with the transfer and/or mortgaging of the premises herein. 18. Proof by affidavit required that the seller/mortgagor in the transaction being insured is not a party to any matrimonial action brought under Domestic Relations Law Section 236. i i 2 i I. u i..ir.+4i•b tr�mc.�Ii lfili"illii.'F, cOn'I�Ially Title Number: ZA-;9421-23 Page 3 19. Rights of the grantor's/ mortgagor's spouse; unless the transfer of title or encumbrance of title is completed pursuant to a'court order or pursuant to the written consent of their, spouse. (Not applicable in transactions in which the transferor/mortgagor in the insured transaction is not a natural person or in transactions in which the deed and/or mortgage being insured is executed by both mortgagor and spouse.) 20. In the event the parties herein wish to convey title in the absence or diminished capacity of the ability to search or record with any County Clerk, Stewart Title Insurance Company is willing to continue to insure titles for Purchasers and Lenders through the ultimate recording date of the deed, mortgage, deed of trust or other insured title instrument under the following conditions and at the Agency's sole discretion: All parties, including lenders, must acknowledge that neither Stewart Title Insurance, Company nor its title agents can provide any estimate regarding the date when recordation of such title documents in the Public Records will be available. Satisfactory acknowledgments by lenders may be indicated through closing instructions or by email confirmation. A gap indemnity is required from all sellers and buyers/borrowers, see attached. Transactions involving non-traditional financing are excluded from this protocol with out senior underwriting approval, including "hard money" lenders. Any transaction involving a seller in financial distress will be carefully considered. Indications of a Seller in distress include judgment or tax liens, unpaid property taxes and HOA dues, and those currently in default on existing mortgage. Any risk beyond simple gap risk, such as inability to obtain payoff information, HOA information, Foreclosure, REO, Short Sale, etc., will require Senior Underwriting approval. In cases where we are not willing to assume the gap risk for a particular transaction', the following Underwriter-mandated Policy Exceptions will apply: Owner's Policy: "Any defect, lien, encumbrance, adverse claim, or other matter created by or arising out of the inaccessibility of the [applicable recording office], including, but not limited to, (i)l an inability to search the Public Records, or(ii) any delay in recordation of[the documents vesting Title] in the Public Records." Loan Policy "Any defect, lien, encumbrance, adverse claim, or other matter created by or arising out of the inaccessibility of the [applicable recording office], including, but not limited to, (i) an inability to search the Public Records, (ii) any delay in recordation of the documents [vesting Title or] creating the lien of the Insured Mortgage in the Public Records, or I iii) any claim based on an assertion that the recording of the Insured Mortgage failed to be�timely." 3 r r ,,. d,;,ti.w-X•r'l7? ''Gr a ra.•i.ri+r it L3recivai'v4 itc,;;l -ar.,FC:C C O!1'2Pa "y �rF .u«::•r %S; Title Number: ZA-6421-23 Page 4 21. This Agency will accept certified checks for mortgage loan payoffs ONLY with a signed statement from Seller and their counsel acknowledging their responsibility for any and all costs which may be incurred should the check be lost or stolen during transit in spite of the Agency's best efforts and due diligence. Seller is encouraged to furnish all payoff funds by attorney escrow check or wire transfer to avoid this requirement. 22. Policy excepts from coverage any harm, loss or damage (including but not limited to'legal fees and expenses) suffered by the Insured as a result of any filed or recorded notice of violation or enforcement affecting the Land appearing in the public records maintained by the municipality having jurisdiction over the land: (a)which records the Insured did not specifically in writing request the company to search or examine prior to the date of closing or(b)which notices of violation or enforcement are filed subsequent to the effective date of such searches specifically requested by the insured, or(c)which notices of vidlation;or enforcement do not result in the imposition of a judicially enforceable monetary lien on or against the Land. 23. Acceptable photographic proof of identification of Grantors and/or Mortgagors must be submitted at closing of title. 24. FOR INFORMATION ONLY: Suffolk County Clerk Recording and Endorsement page must be completed and accompany each instrument to be recorded. 25. FOR INFORMATION ONLY: Although the Company will use its best efforts to record instruments promptly, no liability is assumed for penalties and interest under Section 1416 of the tax law due to the inability to file transfer tax returns or pay transfer taxes within the time required. 26. THE FOLLOWING ITEMS ARE REQUIRED AT CLOSING: A. Property street address to be recited in closing instruments. B. All instruments must recite the complete county tax map designation. C. Photo ID must be submitted at closing. D. Certified, Bank or Attorney checks will be accepted for payment. E. ALL closing documentation MUST be filled out in its entirety before being turne6n to the closer(i.e. RPT, 255 Affidavits, etc.) F. Closings MUST be called in 48 HOURS in advance to avoid unnecessary inconveniences. G. Affidavit stating no sidewalk improvements/assessments have been made. I • NOTE: Any municipal searches reported herein are furnished "FOR INFORMATION ONLY". They are not insured and the company assumes no liability for the accuracy thereof. I NOTE: All checks in excess of $500.00 for payment of closing must be Certified or Bank Check payable to Zenith Abstract, LLC unless other arrangements have been made with this Company prior to closing. NOTE: If Power of Attorney is to be used in this transaction please contact this !company prior to closing. 4 . / Tie Title Number: Page 5 NOTE: All documents to be recorded in the Office of the Clerk/Register or filed in the Registrars Off|ma must be executed in BLACK'.INK ONLY orthis company will aa�urne no responsibility for the recording of same. NOTE: Policy excepts any consequences that may arise due to the fact that the in 'runnento submitted for recording are rejected by the County Clerk or Register because the instruments are illegible. ! | / | � | | | / i / | | �| | ' ' | | / / / i 5 / ! / . Title Number: ZA-9421-23 MORTGAGE'SC1'""DULE DISPOSITION NO OPEN MORTGAGES OF RECORD i i 1 Title Company will require a written payoff statement prior to closing These mortgage returns,unless the mortgage is to be insured,will appear as exceptions from coverage.The information set forth herein is obtained from the recorded instrument.Sometimes the provisions of a mortgage may. be modified by agreements which are not recorded.We suggest that you communicate with the mortgagee if you desire any additional information. If there has been a change in the owners and holders of the mortgage,such information should be furnished to us promptly to enable further searches to be made. I i,.r''4i:'Y✓a4d'L'dllc%lF'i..ii��'wii.L- -�.01'I1�21]'ly i Title Number: ZA-9421-23 Page 1 MUNICIPAL, DEPARTMENTAL AND OTHER INFORMATIONAL SEARCHES Any searches or returns reported herein are furnished FOR INFORMATION ONLY. They will 'not be insured and the company assumes no liability for the accuracy thereof. They will not be continued to the date of closing. THE FOLLOWING MUNICIPAL SEARCHES HAVE BEEN ORDERED FOR THIS REPORT AND ARE ATTACHED HEREWITH UNLESS OTHERWISE INDICATED: [X] Tax Search I [ ] Certificate of Occupancy [ ] Housing and Building Violation Report [X] Street Report (NYC) [X] Highway Department Report [X] Sewer Search j [X] Fire Department Report [ ] Emergency Repair Lien Report I i i CENTRAL VIOLATIONS BUREAU In New York City, since about July 1, 1961, only the Fire Department, The Department of Health, the Department of Air Pollution Control and the Department of Water Supply,Gas and Electricity have been reporting violations issued by them affecting multiple dwellings to the Central Violations Bureau established pursuant to Section 328 of the Multiple Dwelling Law. In its report to its search for violations the Department of Buildings includes such violations affecting multiple dwellings filed by the aforesaid departments in the central bureau. 1 I i i 25 Hyatt Street-Suite 301 z Staten DATA ' Phoe_V1 ) 7 -- SERVICES --- Fax-(718)815-9101 www.munidata.com Set forth below are the unpaid taxes, water rates, assessments which are properly filed and indexed liens as of the date of this search. County: SUFFOLK Title Number: ZENITH ZA-9421-23 Swis Code 473889 Town/City: TOWN OF SOUTHOLD Area: MATTITUCK(NOT INC) Address: 12655 SOUND AVENUE Owner: KING JAMES/COTUGNO DIANE Tax Class: 311 RESIDENTIAL VACANT LAND I School Dist: 12-MATTITUCK-CUTCHOGUE j District: 1000 Acreage: 0.25 Section: 141.00 Item#: i Block: 04.00 Land AV: 200 Lot: 010.000 Total AV: 200 Exemptions: NON EXEMPT 2022/2023 TOWN AND SCHOOL TAXES TOTAL: $303.29 YEAR: 12/1-11/30 1ST HALF: $151.64 PAID 12/28/2022 DUE: 12/1 2ND HALF: $151.65 OPEN DUE: 5/1 PRIOR TOWN AND SCHOOL TAXES PAID. I WATER DISTRICT: SUFFOLK COUNTY WATER AUTHORITY BILLING INFORMATION UNAVAILABLE SUBJECT TO FINAL READING PRESENT BILL/RECEIPT AT CLOSING j POSTING DATE: 3/16/2023 i SUBJECT TO CONTINUATION CURRENT SEWER USAGE CHARGES ARE NOT INCLUDED IN THIS TAX SEARCH. MDS DOES NOT SEARCH SAME UNLESS SEWER SEARCH IS SPECIFICALLY REQUESTED.BOTH PRIVATE AND MUNICIPAL WATER DISTRICTS CAN RE-LEVY UNPAID CHARGES TO A FUTURE TAX BILL.FINAL READ/UP-TO-DATE BILL OR RECEIPT MUST BE PRODUCED AT CLOSING. I Our policy does not insure against such items which have not become a lien up to the date of policy or installments due after the date of the policy.Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. Recent payments of any open items returned on this tax search may not be reflected on the public records.Therefore,please request the seller or borrower to have receipts for bills available at the closing. MUNICIPAL DATA SERVICES,INC. 4035396 14732421 Page 1 of 2 Y 'r 25 Hyatt Street-Suite 301 MUNICIPAL DATA Staten Island,NY 10301 Phone-(718)815-0707 SERVICES -- Fax-(718)815-9101 www.munidata.com Continued Set forth below are the unpaid taxes, water rates, assessments which are properly filed and indexed liens as of the date of this search. County: SUFFOLK Title Number: ZENITH ZA-9421-23 PAYMENT INFORMATION TOWN AND SCHOOL TAX COLLECTOR TOWN OF SOUTHOLD RECEIVER OF TAXES PO BOX 1409 SOUTHOLD, NY 11971 PHONE: (631) 765-1803 PLEASE NOTE THAT AFTER 5/31 EACH YEAR, TOWN AND SCHOOL TAXES MUST BE PAID TO: SUFFOLK COUNTY COMPTROLLER 330 CENTER DRIVE RIVERHEAD, NY 11901 CONTACT (631) 852-1500 FOR ASSISTANCE. Our policy does not insure against such item which have not become a lien up to the date of policy or installments due after the date of the policy.Neither our tax search nor our policy covers any part of streets on which the premises to be insure abut. Recent payments of any open items returned on this tax search may not be reflected on the public records.Therefore,please request the seller or borrower to have receipts for bills available at the closing. MUNICIPAL DATA SERVICES,INC. 4035396 14732421 Page 2 of 2 Rccaun / oo-nFm TM OU2S" Lr `"Fsmy� T a--s x A a J J• v za, b. b WESTP HALIA T J ry xt .v e qTy w 5 e P 1 i i♦ ,. �� y�3F�i 2G 1Y b a 4b uz Ac# c zu PRE59Y]E W\TIyro RNW `�h 761 zte a\e T SOV 324 8 cNuacN HO�ON 00 S, t) \\P� p NA11110IX )1 � J 1Y PRE RVIERUN MIDDLE w 5 J) Yet e wwmt o > e � • 1UTU1----L------ � —t LINE W B) JNQ SEE SEC.NO.142 sE s:cw a 50 \G " 0 m� FIE NOTICE COUNTY OF SUFFOLK © K rp oY� SOUTNOLD SECTION NO Real Property Tax Service Agency v coumY uim,wmm�e,Nr,twt A u ,u 141 rwc]xo Hcl ~] P ,E ° iCW PROPERT ~ 25 Hyatt Street-Suite 301 Staten Island,NY 10301 ` MUN I C I PAL DATA Phone-V18)815-0707 -- SERVICES _.....__._.... Fax-(718)815-9101 www.munidata.com Search Date: 3/17/2023 County: SUFFOLK City/Town: TOWN OF SOUTHOLD Village/Area: MATTITUCK (NOT INC) Title/CoNo.: ZENITH ZA-9421-23 Address: 12655 SOUND AVENUE District: 1000 Section: 141.00 Block: 04.00 Lot: 010.000 DEPARTMENT OF HIGHWAYS STREET REPORT IN REPLY TO YOUR REQUEST DATED 3/17/2023, WE HAVE BEEN ADVISED BY THE DEPARTMENT OF HIGHWAYS THAT SOUND AVENUE IS MAINTAINED BY THE TOWN OF SOUTHOLD. Municipal Data services Inc.certifies that the records of the above municipal agency were examined on behalf of ZENITH ABSTRACT LLC.'The information reported above is true and accurate abstract of the information on file therein. This report is submitted for information purposes only. There are no intended third party beneficiaries. No liability is assumed. 00000.00 4035396 14732424 1 l 25 Hyatt Street—Suite 301_ T KT RA Staten Island,NY 10301 SERVICES Fax— 1 815-9101 www.munidata.com County: SUFFOLK Search Date: 3/17/2023 City/Town: TOWN OF SOUTHOLD Area: MATTITUCK (NOT INC) Title/CoNo.: ZENITH ZA-9421-23 Address: 12655 SOUND AVENUE District: 1000 Section: 141.00 Block: 04.00 Lot: 010.000 HIGHWAY VIOLATION SEARCH Kindly conduct a search in your department for violations against the above mentioned premises. SIDEWALK VIOLATIONS: NONE r Municipal Data services Inc.certifies that the records of the above municipal agency were examined on behalf of ZENITH ABSTRACT LLC.The information reported above is true and accurate abstract of the information on file therein. This report is submitted for information purposes only. There are no intended third party beneficiaries. No liability is assumed. 00000.00 4035396 14732425 I 25.Hyatt Street-Suite 301. . VIA g '•�,>,`+a;F: �. '.:t - �: mayy�, A a'y�;i,in:7!$;;:'; :-: •;r :P `t` ,F 1'V L U 1'V l ..�Y.�'f1 L J Phone-(718)'s15-0707 SERVICES — Fax—(718)815-9101 www.munidatamfti ' I Search Date: 3/16/2023 County: SUFFOLK City/Town; TOWN OF SOUTHOLD Village/Area: MATTITUCK (NOT INC) Title/CoNo.: ZENITH ZA-9421-23 i Address: 12655 SOUND AVENUE District: 1000 Section: 141.00 Block: 04.00 Lot: 010.000 SEWER SEARCH AS OF THE ABOVE DATE, WE HAVE BEEN ADVISED THAT THE MENTIONED PREMISES IS NOT LOCATED WITHIN A SUFFOLK COUNTY MUNICIPAL SEWER DISTRICT THAT BILLS SEPERATELY FOR SEWER CHARGES. I I l Municipal Data services Inc.certifies that the records of the above municipal agency were examined on behalf of ZENITH ABSTRACT LLC.The information reported above is true and accurate abstract of the information on file therein. This report is submitted for information purposes!only. There are no intended third party beneficiaries. No liability is assumed. j 00000.00 4035396 1,4732426 t 25 Hyatt Street-Suite 301 MUN I C I PAL DATA Staten Island,NY 10301 ° Phone-(718)815-0707 ��- SERVICES — Fax-VT8)815-9101 www.munidata.com Search Date: 3/16/2023 County: SUFFOLK City/Town: TOWN OF SOUTHOLD Village/Area: MATTITUCK (NOT INC) Title/CoNo.: ZENITH ZA-9421-23 Address: 12655 SOUND AVENUE District: 1000 Section: 141.00 Block: 04.00 Lot: 010.000 i FIRE DEPARTMENT VIOLATION SEARCH In reply to your request for a violation search concerning the above mentioned premises, we have been advised by the FIRE DEPARTMENT that a search of their records shows:. i NO RECORD OF VIOLATIONS AS OF 3/16/2023. J i i - I t Municipal Data services Inc.certifies that the records of the above municipal agency were examined on behalf of ZENITH ABSTRACT LLC.iThe information reported above is true and accurate abstract of the information on file therein. This report is submitted for information purposes only. There are no intended third party beneficiaries. No liability is assumed. 00000.00 4035396 14732427 1 Zenith Abstract, LLC 85 South Main Street Sayville,NY 11782 Phone:631-828-8777 Fax:631-828-8779 .BANKRUPTCY REPORT, TITLE NO. ZA-9421-23 A search has been made for bankruptcy filing in the SOUTHERN and/or EASTERN District only under the following name(s): OWNER(S): DIANE COTUGNO NO RECORDS QUALIFY JAMES KING ****PLEASE PROVIDE SOCIAL SECURITY NUMBER**** PURCHASER(S): TOWN OF SOUTHOLD NUMEROUS RETURNS FOUND Dated: March 22,2023 Zenith Abstract,LLC TP-SDUS-3 61.01 t ' Zenith Abstract, LLC 85 Soutii Mgdn Street Sayville,NY 11782 631-828-81'1 i fax 631-828-8779 PATRIOT SEARCH:REPORT TITLE NO.ZA-9421-23 A search of the"Specially Designated Nationals and Blocked Persons List"published by the Department of Treasury, Office of Foreign Assets Control,has returned the following results: OWNER(S): DIANE COTUGNO and JAMES KING ® The above name(s) does not match any record found. I ❑ The above name(s)were found on the Specially Designated Nationals and Blocked Persons List. If additional research is required to determine appropriate course of action, please contact the"Office of Foreign Assets Control—Compliance Program Division" at 1-800-540-6322. PURCHASER(S): TOWN OF SOUTHOLD ® The above name(s) does not match any record found. ❑ The above name(s)were found on the Specially Designated Nationals and Blocked Persons List. If additional research is required to determine appropriate course of action, please contact the"Office of Foreign Assets Control—Compliance Program Division" at 1-800-540-6322. Dated: March 22, 2023 Zenith Abstract, LLC i TP-SDUS-373.01 .a.r '� I:�'����w�1��i1�V �� V.7�VV I��.IJ�(1►/G�1 ., - _ .... a . . - . 11.�� 90 JUN-4 'AM 9138 Nrupbata . M&M&STATE 1.i;G�1AlNE TORRENS JUN -4 IM f.LFRI Oi SUFFOLK CQuHTY TOMcbeltnawr eaTAX PrlorMa M080 Deedlrtrtwuaiaat DoodlMon�yo'hxSWnp RoccrdU�/Flun�snmpa C411t�s Pge11 tbo �' MOM Amy. ._�._ 1. awe Nowaft sub TOW ..,w BA.5117(Cbu q) i<. ._..... Sub TOW SpocJAtit4 1RA-5217(110) y_ Spey"/Add. R.P.T.S.A, 'D r.hfM.TAX - Coaua.otBd .�w,SQ.,. Dntil'lbvm DWCowuy . Hold fa Apponlonmoat AM* Tw(Gr7a cattillad copy w 'rt,a paop�y`covered by We aq o a or Ra,� wNi bolm aorod by a one or two famlty p .�Sub'!bW dwrttlapoelI 0 No f GRAND TOTAL , 1t NO,M�p�o�a�N dome on pep r —otdt<i�xna+a. Rod hoprgTea lbinics veMmtbo " ` TUUt7onlpllly[nbraaytfon ftiw, D>st. Mort aft Lot ... w..ni CompM Naae Tids Number r.XIU P66 PAID O Cub�—Qraek Quapo dab E S`F t I i LL. �on.Cl Pyrorwn�ta�R�R T11 q # i C/C N Y I 1 '7.r01 NAMB: (or 1rtb ADDRM: i d4'1� ADD 3lll: Suffolk County Recordina & Endorsement Page • M pass tom po of ft awaked AOUIN * audo by: Own T"It OF peoroisWi lWit00n Inn SMOM COUNTY,NEW YORK. TO in tlA w"p of- a,(aC In uro VILLAGS of NAMLBT or, f 4 d M BO)MS S rHRU 9 MUSr 08 TYPBD OR PR MV IN BLACK INK ONLY PRIOR TO RBCORDINO OR FzM. 1 8UP'P`uLli COUNTY M.,".;"`�•''' `•.� BARGAIN AND BALE DBBD : f I� THIS INDWOM, made the dQA day of 1998 I' BBTIfM the COMM OF SUMLK, a municipal corporation of the State of New York, having its principaloffice at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the first part, and DIANB COTUGHO and JAMBS KING, Joint Tenants with Right of Survivorship, 220 Beat Mill Road, Rutituak, Nov York 11S59, party of the second part, N1TNaB88Tit, that the party of the first part, pursuant to Resolution Number 1098-1997 adopted by the Suffolk County Legislature on December 16, 1997 and, thereafter, approved by It eon dollars and other an consideration paidsbyethiiparty ;I of the second part, does hereby grant and release unto the partyy of the second part, the heirs or successors and assigns ! of the party of the second part forever, c ........ ", that certain plot, piece or parcel of land with any !!'DISTRICT buildings and improvements thereon erected, situate, lying and 1000 being in the Town of Southold, County of Suffolk and state of '. •------• ii New York, described on the Tax May of the Suffolk County Real ;;;;ION 'I Property Tax service Agency as District 1000, Section 141.00, 141,00 0 Block 04.00, Lot 010.000, and acquired by Tax Dead on May 31, '�••---- 1995, from John C. Cochrane, the County Treasurer of Suffolk BLOCK County, New York and recorded an June 6, 1995, in Libor 11728, 04.00 ! CP 335, and otherwise known as and by Town of Southold, N x F•-•-----• Railroad 8 x 8dche Corp A x Bound Ave W x sound Ave, Wr 010.000 TOGBTHSR with all right, title and interest, if any, of the -- :butting the above descriart bedipromises to the center .1'Y� fhh�+s :butting -/• ���� TOGb'MR with the appurtenances and all the estate and r rights of the party of the first part in and to said promissej ; To HAVE AND TO HOLD the premises heroin granted unto tha 1 E party of the second part, the heirs or successors and assigns 14 - of the party of the second part forever. i I! sUBJBCT to all covenants, restrictions and ease%snts of record, if any. Ii , I' AND the party of the first party, in compliance with Section ; I 13 of the Lien Law, hereby covenants that the party of the t first art will receive the consideration for this conveyance ' and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying tho coat of the improvement and will apply the some first to the payment of the cost of the improvement before using any part oil the total of the same for any other purpose. * THS woRD NPARTY■ shall be construed as it it read "parties" ' whenever the eause of this indenture so requires. I IN wITNUe wma=P, the party of the first part has duly ; 2 executed this deed the day and year Lirst above written. a COUNTY OF SUFFOLK, NBYI YORK { In Presence Off I• I ` ii By>I DAVID P. FISHS IIN, Director i. Division of Real Bstate Department of Law 1 � i I 11 11897Pf 228 STATE OF NEW YORK, COUNTY OF SUFFOLK On the ��, day of 1995, before me personally can David P. F shboin to me known, who, being by me duly sworn, did depose and say that he resides at Center Moriches, New Yorks that he is the Director of, the Division of -Real Bstata, Department of Law, County of Suffolk, New York, i the municipal corporation described in and which executed the foregoing instruments and pursuant to a certain Resolution of the Suffolk County Legislature, he signed his name thereto by like orders it being Resolution No. 1096.997 thereof. Notary public BARGAIN AND-SALE DEED IN Without Covenant N0�'S ►Sh+ao/lwwYo�i Na OITA�s41 Qw�r/kd tt S�y1�;Cap,� SUFFOLK COUNTY " TO RECORD AND RETURN TOt tfGNO p19NB dowdlov DIANB COT and ROD EAST'M/1-4 2A, JAMBS KING, Joint Tenants iprvCk AY - IS.7 with Right of Survivorship s: i I :t G • � i ZENITH ABSTRACT, LLC 85 South Main Street,Sayville,NY 11782 PHONE:631-828-8777/ FAX:631-828-8779 W W W.ZENITHAB STRACT.COM I I I I { ATTACHMENTS 1•I Suffolk County Clerk's Office 03/20/2023 12 , :35 pm JUDGMENT-RETRIEVAL REPORT General Info for Document Date: 1/5/2017 Seq#: 84 Doc Type: JU-TRANSCR-JGMT ,c INDEX# D T PERFECTED D T FILED A T RECORDED COURT COUNTY SHERIFF FEES AMOUNT i$1 COST($I TOTAL MI REMARKS CEC 03 11/17/2003 115/201712:49:00 1ST SUFFOLK 1 11,482.78 186.12 11668.9 0010697 12:32:00 PM Debtor Info Last Name First Name mals- Street Street name Street Tyne Addr2 Addr3 C_yt State RUSSELL SCOTT CIO VICARO 50 GAZA BLVD FARMINGDALE NY ::738 EQUIPMENT CORP Creditor Info Last Name First Name Type Street# Street name Street Two Addr2 Addr3 C�yt State Zp CONDOR CAPITAL 800 SO OYSTER BAY RD HICKSVILLE NY ,`'801 CORP Attorney Info Name Street# Street name Street type Addr2 Addr3 C_yt State T� E HOPE GREENBERG 2650 MERRICK RD SUITE 101 BELLMORE NY 117:) Page 1 of 4 Suffolk County Clerk's Office 03/20/2023 12:4i':57 pm 7 - JUDGMENT-RETRIEVAL REPORT General Info for Document Date: 12/17/2014 Seq##: 190 Doc Type: CONFESSION OF JUDGME INDEX# D T PERFECTED p T FILED D T RECORDED COURT COUNTY SHERIFF FEES AMOUNT($) COST TOTAL($1 REMARKS 14 22268. 12/17/2014 12/17/2014 12/17/2014 SUP SUFFOLK 0 18,360.00 225.00 18585 12:03:00 PM Debtor Info Last Name First Name Ims- Street# Street name Street Tyne Addr2 Addr3 Cat State RUSSELL - SCOTTA 515 OAK STREET CUTCHOGUE NY r 935 Creditor Info Last Name First Name ZOLO Street# Street name Street Tyne Addr2 Addr3 city State -2 FOOTE NANCY 225 WAMPUM WAY SOUTHOLD NY 4971 FOOTE KEVIN 225 WAMPUM WAY SOUTHOLD NY 1 .971 z " Attorney info Name Street# Street name Street twe Addr2 Addr3 c1tv State ZZiD WINKLER KURTZ& 310 HALLOCK AVENUE PORT JEFFERSON NY 117-1 WINKLER LLP STATION 2.i S� Page 1 of 1 Suffolk County Clerks Office 03/20/2023 12:4:j3 pm JUDGMENT-RETRIEVAL REPORT _ General Info for Document Date: 7/29/2019 Seq#: 101 Doc Type: JU-TRANSCR-JGMT INDEX# D T PERFECTED D T FILED D T RECORDED COURT COUNTY SHERIFF FEES AMOUNT IS) COST TOTAL REMARKS CR-034332- 7/29/2019 7/29/2019 1ST SUFFOLK N 120.00 0.00 120 ELECTRONICALLY F'-LED 19SU DISTRICCOUNTY T Debtor Info Last Name First Name Tops Street# Street name Street Type Addr2 Addr3 CCt State KING JAMES 185 MAIN ST TOBYHANNA PA 1...46 Creditor Info Last Name First Name Tvve Street# Street name Street Type Addr2 Addr3 C,�y State Z:.; PEOPLE OF THE CLERK OF THE COHALAN 400 CARLETON CENTRAL ISLIP NY 1;L'22 STATE OF NEW YORK SUFFOLK COURT AVE COUNTY COMPLEX DISTRICT COURT >9 Z�. 1'I; Page 1 of 1 z;, Suffolk County Clerk's Office 03/20/2023 12:4 s:25 pm JUDGMENT-RETRIEVAL REPORT General Info for Document Date: 6/23/2017 Seq#: 176 Doc Type: JU-TRANSCR-JGMT y INDEX# D T PERFECTED D T FILED D T RECORDED COURT COUNTY SHERIFF FEES AMOUNT i$I COST TOTAL[$) REMARKS 97110321 6/7/2017- 6/23/2017 4:05:00 JUST SOUTHAMP 0 90.00 0.00 90 TON TOWN Debtor Info Last Name First Name TWO Street# Street name Street Type Addr2 Addr3 CCt State _Z_; KING JAMES A 65 SQUIRETOWN ROAD HAMPTON BAYS NY t;:?46 Creditor Info Last Name First Name TV13e Street# Street name Street Tboe Addr2 Addr3 Ciit State cZ: SOUTHAMPTON 32 JACKSON AVE HAMPTON NY 1:'?46 TOWN COURT BAYS Attorney Info Name Street# Street name Street tvoe Addr2 Addr3 Cry State Zip- DISTRICT ATTORNEY 32 JACKSON AVE HAMPTON BAYS NY 11941` SUFFOLK COUNTY :i 19 Page 1 of 1 ,2 Suffolk County Clerk's Office 03/20/2023 12 =,47 pm JUDGMENT-RETRIEVAL REPORT General Info for Document Date: 2/14/2013 Seq#: 237 Doc Type: JUDGMENT INDEX# A T PERFECTED D T FILED D T RECORDED COURT COUNTY SHERIFF FEES AMOUNT($) COST TOTAL($) REMARKS 1007151 2/14/2013 3:22:00 2/14/2013 4:46:00 SUP SUFFOLK 0 1,411.42 0.00 1411.42 DEBTOR IS PLAIN;;FF AM Debtor Info Last Name First Name Tvpe Street Street name Street Wpe Addr2 Addr3 city State LR TOWN OF 54375 ROUTE 25 MAIN ROAD P 0 BOX 1179 SOUTHOLD NY "971 SOUTHOLD GJ59 Creditor Info Last Name First Name Tvpe Street# Street name Street 7Vpe Addr2 Addr3 CSC State p STANKEVICH MARGARETA 77 MONTAUK HIGHWAY SUITE 22 EAST NY :::937 HAMPTON. STANKEVICH GEORGE C 77 MONTAUK HIGHWAY SUITE 22 EAST NY ';937 HAMPTON Attorney Info Name Street# Street name Street type Addr2 Addr3 CCl yt State Zip PRO SE NA . J tb� Page 1 of iL Suffolk County Clerk's Office 03/20/2023 12:47':05 pm a'- JUDGMENT-RETRIEVAL REPORT : - sfr General info for Document Date: 10/1812013 Seq#: 1229 Doc Type: JUDGMENT INDEX 9 D T PERFECTED D T FILED D T RECORDED COURT COUNTY SHERIFF FEES AMOUNT($) COST TOTAL REMARKS 3t 0913209 10/18/2013 10/18/2013 SUP SUFFOLK 0 10,328.51 1,429.65 11758.08 2:35:00 AM Debtor Info Last Name First Name Tvve Street# Street name Street Tvpe Addr2 Addr3 c1tv State 3 GRIMES EUGENE 5 SOUND RD WADING RIVER NY ; 792 TOWN OF 53095 MAIN ROAD SOUTHOLD NY :;971 SOUTHOLD GRIMES CUSTOM 5 SOUND RD WADING RIVER NY :792 WINDOW TREATMENT GRIMES MARYELLEN 5 SOUND RD WADING RIVER NY i's792 Creditor Info Last Name First Name I= Street# Street name Street Tvpe Addr2 Addr3 Cltv State L2 MERKLE JAMES 8960 NORTH ONYX STREET TUCSON AZ %3742 MERKLE ELVIA 8960 NORTH ONYX STREET TUCSON AZ L-742 Attorney Info gg Name Street# Street name Street type Addr2 Addr3 Cltv State Zip MORICI&MORICI 1399 FRANKLIN AVE SUITE 202 GARDEN CITY NY 115;:) Page 1 of 1 li: i 85 South Main Street Sayville, NY"11782 631428-8777 631-828-8779 ESCROW AND DEPOSIT AGREEMENT Title No.ZA-9421-23 Date: Zenith Abstract, LLC, as agent for Stewart Title Insurance Company, as Depositary, acknowledges receipt from they undersigned Depositor, of the sum of Dollars ($ ) as indemnity and security for the payment, satisfaction, discharge or dispositionr of the following liens, encumbrances, charges or other matters,to wit: affecting premises known as: 12655 Sound Avenue, Mattituck, N.Y. COUNTY: Suffolk District 1000 Section 141.00 Block 04.00 Lot 010.000 VILLAGE: TOWN: Southold SCHOOL DISTRICT: ( ) The Depositary is hereby authorized out of said Deposit to pay, satisfy, discharge or otherwise dispose of said items immediately. The Depositor agrees to pay to the Depositary any deficiency in the event the Deposit is not sufficient to pay said items. ( ) The Depositor agrees to produce proper paid vouchers, or other evidence of payment or disposition of said items aforesaid, in form satisfactoy to the Depositary before 30 DAYS FROM THE DATE HEREOF UNLESS OTHERWISE AGREED TO BY DEPOSITARY HEREIN. If such vouchers, etc. are not produced before such date, the Depositary is authorized to pay, satisfy, discharge or otherwise dispose of said items, to retain counsel in connection therewith if it deems it necessary and to pay such counsel out of said Deposit and the Depositor agrees to pay to the Depositary any deficiency in the event the Deposit is not sufficient to pay or dispose of said items and fees. In addition to the foregoing, the Depositary is authorized to impose any service charges established and filed by the New York Board of Title Underwriters for handling this Deposit. If this agreement is not fully complied with by Depositor within the time herein specified, the Depositary may, in its sole discretion, impose any additional service charge established and filed by the New!York Board of Title Underwriters. The Depositary shall'be under no duty to invest or reinvest any cash at any time held by it hereunder. The Depositary may commingle any deposits held hereunder with other deposits or with its own funds and may invest any part or all such funds for its own benefit and shall have no obligation to Depositor for any interest or earnings derived thereby. Provided, however, nothing herein shall diminish Depositary's obligation to apply the full amount of the deposits to the payment, satisfaction or other disposition of the subject matter of this agreement. Depositary shall be entitled to an annual escrow maintenance charge of $50.00 to be deducted out the balance of this Deposit. Upon the full compliance and disposition herewith, the balance of this Deposit, if any and without interest, shall be refunded to the Depositor, excepting any balance of$20.00 or less shall be retained by the Depositary as an additional service charge. Nevertheless, the Depositary, at any time and at its sole discretion, and without notice, is authorized to offset against said Deposit any amounts owed to it by the Depositor. The Depositor further agrees to indemnify, save and hold harmless the Depositary from any loss;or damage whatsoever arising out of or by reason of the failure of the Depositor to perform all of the covenants and conditions hereof. Notwithstanding anything herein contained to the contrary, the Depositary is authorized, without notice, to pay, satisfy or otherwise dispose of said items and to retain counsel in connection herewith, even prior to the date hereinabove specified for compliance, whenever in its sole discretion, title to said premises or marketability should be protected; all payments, charges, disbursements, fees and deficiencies to be charged against this Deposit and the Depositor. I understand that the cost of services is$50 PER ITEM, $50 PER TITLE CONTINUATION,AND FUNDS HELD BY THE DEPOSITARY FOR 1 YEAR OR MORE ARE SUBJECT TO AN ANNUAL MAINTENANCE FEE OF$50 PER YEAR. I UNDERSTAND THAT DEPOSITARY WILL RUN TITLE CONTINUATIONS AS NEEDED,'AT THEIR DISCRETION. DEPOSITARY WILL BE JUDICIOUS IN THIS REGARD. 1. In the event that the Depositor fails to comply with any Depositor's obligations, Depositary may cause compliance therewith to be effected and pay out of the Deposit the amount required to effect compliance including any expense, disbursement and/or counsel fee incurred in connection therewith. Notwithstanding any provision to the contrary, Depositary is authorized without notice to Depositor to accelerate Depositor's performance date at any time that Depositary, in its sole discretion, deems it advisable to do so to protect the title to the insured premises or the marketability thereof. Depositary will deduct a minimum of$250.00 for its services in dispensing with the obligation in the event Depositor fails to perform or comply as above. 2. Depositary may deduct from the Deposit any unpaid title charges or other sums due to Depositary and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay on demand any deficiency in TP-SDNY-367.01 case the Deposit is not sufficient and further agrees to hold Depositary harmless from any loss or expense it may sustain by reason of such insufficienrv. 3. Depositary accepts the Deposit at the request of and for the accommodation of Depositor and as an inducement to issue its policy of title insurance to its insured. Depositor agrees to pay all charges and expenses, including counsel fees, incurred by Depositary by reason of its having accepted the Deposit. Depositary shall have the right to issue reinsurance and indemnifications based on the Deposit. In such event,the Deposit shall continue to be held in accordance with its terms. 4. Depositary shall deduct from any escrow balance a Stop Payment fee of$25.00 for checks which are returned to the office for any reason and by any party including but not limited to Tax Receivers, Creditors, or Depositor. 5. The Deposit may not be assigned by Depositor. 6. This Agreement constitutes the entire agreement between Depositor and Depositary concerning the Deposit.' 7. No modification of any of Depositor's obligations shall be effective unless authorized in writing by Depositary 8. If the Deposit is taken for more than one purpose, in the absence of agreement to the contrary,the allocation,of the funds among the several purposes shall be at the sole discretion of Depositary. 9. Depositor acknowledges that the waiver by Depositary of any particular provision of this Agreement shall not constitute a waiver of any other provision contained herein. Furthermore, in the event that any provision of this Agreement is held to be unenforceable, all other provisions shall remain in full force and effect. 10. Depositary agrees to refund the balance of the Deposit, if any, upon performance of the Depositor's obligations to the satisfaction of Depositary. Depositor executes and delivers this Agreement to induce Depositary in its capacity as title insurer to issue its policy or policies of title insurance with respect to the Premises and for other good and valuable consideration. In the event Depositary collects taxes based upon a tax amount with an exemption, and the exemption is not renewed resulting in a shortage, the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit payment to the tax receiver within the grace period. If Depositor does not provide the company with the shortage amount within the grace period, Depositor is solely responsible for any interest and penalties that may accrue with no further notice to the Depositor. In the event Depositary collects taxes based upon a tax amount with an"UNOFFICIAL PAYMENT"as posted by the NYC-Dept. of Finance, and the payment results in a shortage, bounced check or other,the Depositor must supply the shortage/difference to the company within 5 days of demand so that the company can remit timely payment to the tax receiver. If Depositor does not provide the company with the shortage amount within the grace period, Depositor is solely responsible for any interest and penalties that may accrue with no further notice to Depositor. AGREED TO: Zenith Abstract, LLC BY: DEPOSITOR: DIANE COTUGNO and JAMES KING DEPOSITOR PHONE NUMBER: ATTORNEY: REFUND TO: TP-SDNY-367.01 1 i Zenith Abstract, LLC as agent for Stewart Title Insurance Company NEW YORK CITY EXCEPTIONS AFFIDAVIT STATE OF NEW YORK ) TITLE NO:ZA-9421-23 )ss. COUNTY OF ) I DIANE COTUGNO and JAMES KING, (each)of full age, being duly sworn according to law, deposes and says: 1. That I am the owner of premises known as 12655 Sound Avenue, Mattituck, N.Y. more particularly described in the above numbered title insurance commitment; and 2. That there has been no work done upon the premises described in Schedule A by the City nor has the City made any demand for any such work that may result in charges by the New York City Department of Rent and Housing Maintenance, or charges by the New York Department of Environmental Protection for water tap closings or any related work, whether or not such charges are liens against the property which the policy insures. 23. That no fee for an inspection, reinspection, examination or service performed by the Department of Buildings have been levied, charged, created or incurred that may become a lien on the premises described in Schedule A of the aforesaid title report. (See Section 26-128 of the Administrative Code of the City of New York. I. 24. That there are no other liens issued pursuant to the Administrative Code of the City of New York,for emergency repairs or otherwise,which may affect subject premises. 25. That there are no street vaults abutting the premises described in Schedule A. That I make this affidavit to induce Stewart Title Insurance Company to insure title to the aforesaid premises: Sworn to before me on NOTARY PUBLIC 5 - i AUTHORIZATION TO RELEASE INFORMATION I hereby authorize ZENITH ABSTRACT LLC to obtain payoff information, duplicate satisfactions,or any other information required on my behalf for mortgages,liens and judgments showing of record against my name,property(address below). Premises: It is understood that a photocopy or faxed version of this form will also serve as an original authorization. SSN DATE MORTGAGE PAYOFF INDEMNITY AGREEMENT STATE OF NEW YORK County of 1. That I am the owner of the premises known as 12655 sound Avenue,Mattituck,NY 2. (1 am)/(We are)aware of the payoff letter(s)of dated ,showing the prior balance and the per diem interest,required to satisfy the existing'mortgage(s), and have reason to believe the same is/are correct;in the event that there are any open credit line mortgages affecting the property I hereby cancel my right to draw against said credit line and direct that such mortgage be satisfied of record. 3. (1 am)(We are)also aware of the fact that Stewart Title Insurance Company(hereinafter referred to as The Title Company),as escrow agent to pay,is subjecting itself to a risk of having to make good any deficiency by reason of error and the fact that the payoff letter(s)may not be deemed an estoppel,and The Title Company does not desire to subject itself to possible,liligation in order to establish such fact; 4. (1 am)/(We are)also aware of the fact that The Title Company may not be able to locate my/our whereabouts so as to collect from me/us any possible payments required by the mortgagee(s)to obtain the satisfaction(s)or discharge(s); 5. To induce the Title Company to accept such payoff letter(s)and act as escrowee,(I)/(we)agree to indemnify and hold The Title Company harmless for so doing. (ly(We)further agree to repay The Title Company,or pay directly the mortgagee(s)as The Title Company directs,such monies as The Title Company deems in its sole judgment is necessary to perform the purpose of escrow. 6. To assure The Title Company of(my)/(our)(availability for the purpose of reimbursing The Title Company under paragraph 5, (I)/(we)freely furnish at which the following information: Social Security No. Phone No. Social Security No. Phone No. 7. (1)/(We)state to The Title Company that(I am)/(we are)NOT moving out-of-state at this time and that(my)/(our)permanent address after selling(my)/(our)above premises will be: 8. In the event that(1)/(we)leave stale,(1)/(we)can be reached through the following(indicate relationship): 9. INITIAL ONE OF THE FOLLOWING: A. There has been no forbearance agreement,loan modification or other deferral of payments of my loan(s). (initial) —OR— B. My loan has been subject to a forbearance arrangement and to the best of my knowledge all amounts due are included in the payoff demand statement presented to Zenith Abstract,LLC (initial) The undersigned hold Zenith Abstract,LLC and their Policy Underwriter harmless and agree to promptly reimburse Zenith Abstract,LLC or their Policy Underwriter for any loss sustained for any shortage in the payoff amounts and for any forbearance amounts due under my loan(s). x x Subscribed and Sworn before me NOTARY PUBLIC Zenith Abstract, LLC 85 S Main Street Sayville, NY 11782 Title Number:ZA-9421-23 SURVEY REQUEST FORM Date: File No.ZA-9421-23 Premises 12655 Sound Avenue, Mattituck,NY Present Owner DIANE COTUGNO and JAMES KING Responsible Party TOWN OF SOUTHOLD I/we the Responsible Party listed above do hereby request that a new survey of the Premises be performed on my behalf. I have included my check for$ to cover the cost of the work I have requested,which amount was determined by the Surveyor. I understand that I am responsible to pay for the survey regardless of whether I purchase the Premises. I further understand that no prints or results will be provided until such payment is made. I require the following optional services or information: If checked,the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY: 1. Monuments placed(or a reference monument or witness to the corner)at all major corners of the boundary of the surveyed property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. Address(es)of the surveyed property if disclosed in documents provided to or obtained by the surveyor,or observed while conducting the fieldwork. 3. Flood zone classification(with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent)depicted by scaled map location and graphic plotting only. 4. Gross land area(and other areas if specified by the client). 5. Vertical relief with the source of information(e.g.,ground survey,aerial map),contour interval, datum, with originating benchmark, when appropriate. 6. (a)If the current zoning classification,setback requirements,the height and floor space area restrictions,and parking requirements specific to the surveyed property are set forth in a zoning report or letter, provided to the surveyor by the client or the client's designated representative,list the above items on the plat or map and identify the date and source of the report or letter. (b)If the zoning setback requirements specific to the surveyed property are set forth in a zoning report or letter provided to the surveyor by the client or the client's designated representative,and if those requirements do not require an interpretation by the surveyor,graphically depict those requirements on the plat or map and identify the date and source of the report or letter. 7. (a)Exterior dimensions of all buildings at ground level. (b)Square footage of. i I i i I I. (1)exterior footprint of all buildings at ground level. I (2)other areas as specified by the client. (c)Measured height of all buildings above grade bt a location specified�by the client.If no location is specified, the point of measurement shall be identified. 8. Substantial features observed in the process of conducting the fieldwork(in addition to the improvements and features required pursuant to Section 5 above)(e.g.,parking lots,billboards,signs,swimming pools,landscaped areas,substantial areas of refuse). 9. Number and type(e.g.,disabled,motorcycle,regular,and other marked specialized types)of clearly identifiable parking spaces on surface parking areas,lots,and in parking structures.Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties. I 11. Evidence of underground utilities existing on or serving the surveyed property(in addition to the observed evidence of utilities required pursuant to Section 5.E.iv.)as determined by: (a)plans and/or reports provided by client(with reference as to the sources of information) I (b)markings coordinated by the surveyor pursuant to a private utility locate request. Note to the client,insurer, and lender—With regard to Table A,item 11,information from the sources checked above will be combined with observed evidence of utilities pursuant to Section 5.E.iv.to develop a view of the underground utilities.However,lacking excavation, the exact location of underground features cannot be accurately,completely,and reliably depicted.In addition,in some jurisdictions,811 or other similar utility locate requests from surveyors may be ignored(not responded to)or result in an incomplete response,in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation may be necessary. i 12. As specified by the client,Governmental Agency survey-related requirements(e.g.,HUD surveys) surveys for leases on Bureau of Land Management managed lands). The relevant survey requirements are to be provided by the client or client's designated representative. 13. Names of adjoining owners according to current tax records.If more than one owner,identify roe first owner's name listed in the tax records followed by"et al." 14. As specified by the client distance to the nearest intersecting street., I 15. Rectified orthophotography,photogrammetric mapping,remote sensing,airborne/mobile laser! scanning and other similar products, tools or technologies as the basis for showing the location of certain features (excluding boundaries)where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor must(a)discuss the ramifications of such methodologies(e.g.,the potential precision and completeness of the data gathered thereby) with the insurer,lender, and client prior to the performance of the survey,and(b)place a note on the face of the survey explaining the source,date,precision,and other relevant qualifications of any such data. 16. Evidence of recent earth moving work,building construction,or building additions observed in the process of conducting the fieldwork. I I I i ' I � h 1z Proposed changes in street right of way lines,if such information is made available to the surveyor by the controlling jurisdiction.Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. Pursuant to Sections 5 and 6(and applicable selected Table A items,excluding Table A item 1), include as part of the survey any plottable offsite(i.e.,appurtenant)easements disclosed in documents provided to or obtained by the surveyor. 19. Professional liability insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of insurance to be furnished upon request,but this item shall not be addressed on the face of the plat or map. 20. TOWN OF SOUTHOLD MUST BE COMPLETED BY COUNSEL FOR RESPONSIBLE PARTY IN ORDER FOR SURVEY REQUESTTO BE FORWARDED TO SURVEYOR: I have been in contact with counsel or realtor for the Present Owner to convey the Surveyor's need for; access to the premises. To my knowledge, no special permission,written or verbal, is required in order for Surveyor to gain access. Present owner can be contacted at the following phone number should Surveyor need to arrange an appointment: Paul M DeChance, Esq. Town Attorney of Southold 4enith Abstract, LLG 85 South Main Street,Sayville, NY 11782•Phone No.631-828-8777•Fax No.631-828-8779 i May 1, 2023 Paul M DeChance,'Esq. Town Attorney of Southold pauld@southoldtownny.gov I Re: Title No. ZA-9421-23 Premises: 12655 Sound Avenue, Mattituck NY 11952 (Suffolk County) Owner(s): DIANE COTUGNO and JAMES KING Buyer(s): TOWN OF SOUTHOLD Other(s): SCOTT RUSSELL ! Reference: TOWN OF SOUTHOLD from COTUGNO, etal. Dear Sir or Madam: i Enclosed find the following items with reference to the above entitled matter: Good afternoon, Mr. DeChance. As requested, please see attached affidavits to pre-sign. We will also require photo ID. A indemnity regarding the older judgment on head is sufficient to omit. Thank you! If you have any questions, or if we can be of any further assistance, please do not hesitate to contact the undersigned. Thank you. Very truly yours, ad Athena Duran ' Encl. ' I i 'o�wrratr� RESOLUTION 2022-997 GP EI1 DGC IiJ: 38694 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 13,2022: WHEREAS,the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS,the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141,Block 4, Lot 10),being a parcel of real property which is required for drainage improvements, and WHEREAS,in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS,in order to acquire said parcel it may be necessary that certain title,appraisal and engineering services be performed;now,therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street,Town of Southold,New York(SCTM No. 1000, Section 141, Block 4,Lot 10), by negotiated purchase;and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED ,the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a real estate purchase contract. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,Doroski,Mealy, Doherty,Evans, Russell SOM a ''c 0 W Z Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-193 9 Facsimile: 631-765-6639 MEMORANDUM To: Lauren Standish From: Missy Mirabelli, Secretary to Town Attorney Date: February 2, 2023 Subject: Sound Ave/ Pacific Street Parcel Purchase(King Property Triangle) Please be advised that Paul has reviewed and approved the attached Real Estate Contract in connection with the referenced matter. In this regard, kindly.have Scott sign where indicated and return to me for processing. A copy of the resolution authorizing Scott to sign is attached. If you have any questions regarding this matter, please.do_not hesitate to call me. Thank you for your assistance. mmm V' f ` CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. CONTRACT OF SALE-RESIDENTIAL PROPERTY Contract of Sale made as of January 6 ,2023 BETWEEN DIANE COTUGNO and JAMES KING,Joint Tenants with the Right of Survivorship, Address: 220 East Mill Road,Mattituck,New York 11952 hereinafter called"SELLER" and TOWN OF SOUTHOLD, a municipal corporation of the State of New York Address: 54375 Main Street, Southold,New York 119.71, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase (b) Check from the Town of Southold drawn on any bank, savings the property, together with all buildings and improvements thereon bank,trust company or savings and loan association having a banking (collectively the"Premises"): office in the State of New York,unendorsed and payable to the order of Seller; Street Address: 12655 Sound Avenue,Mattituck,New York (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$1,000.00; Tax Map Designation: Dist 1000,Sec 141.00,Blk 04.00,Lot 010.000 and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Together with Seller's ownership and rights,if any,to land lying in the 5. Permitted Exceptions. The Premises are sold and shall be conveyed bed of any street or highway, opened or proposed, adjoining the subject to: Premises to the center line thereof, including any right of Seller to any (a) Zoning and subdivision laws and regulations, and landmark, unpaid award by reason of any taking by condemnation and/or for any historic or wetlands designation,provided that they are not violated by damage to the Premises by reason of change of grade of any street or the existing buildings and improvements erected on the property or their highway. Seller shall deliver at no additional cost to Purchaser at use; Closing (as hereinafter defined), or thereafter, on demand, any (b) Consents for the erection of any structures on,under or above any documents that Purchaser may reasonably require for the conveyance of streets on which the Premises abut; such title and the assignment and collection of such award or damages. (c) Encroachments of stoops,areas,cellar steps,trim and cornices,if any,upon any street or highway; 2--Personal Property. This sale also inebades all-fig (d) Real estate taxes that are a lien,but are not yet due and payable; of r..o « newµ a4 pr-ero..t, h aor- YY ft t t the Pfemises, , and speeifreally emeluded belew. Seller represents and waFFaats that (e) Any state of facts an accurate survey show provided same do not Closing they will be paid for a ow-ned b Seiler-,ffee and ralear of all render title unmarketable or uninsurable. lions and ensumbranees, ant a""existing "t t ' ' h this ' (f) Building regulations, covenants, utility easements, restrictions, may l.�. Thgy in..lude but t 1...,ited t.. plumbing,1, t• '_'_��_�JTv� � , ="=e=_______�_��_�___>.>����, reservations and agreements of record, provided same do not prohibit lightingand coaking the use and/or maintenance of existing structures.The violations of any deoF Mn ..it,.h plates a door hardware,venetianblinds,window covenants and restrictions by existing improvements shall not be treatments, shades, screens, awnings, steEm windows, steFm doers; deemed an objection to tile provided a title company shall agree to insure window boxes; •l box, TV;e • 1,' eFAho_'^n r..-_.1 --imps, that such improvements may remain in their present location as long as f n shrnbbM, no uta t to ...., ..1,t....1 d .,' h h ' _-• same shall stand. machine,elathes di3,e- garbage disposal unit,Fange,even,r-e�igerato (g) Variations between fences, hedges , shrubs, and retaining walls freezer-, nditienin" equipment a installations, wallto wa4l" with record lines of title, provided same do not exceed 12" and title company will insure same without raising an "out of possession" exception. Exeluded fEem this sale are furniture and household fumishings and 6. Governmental Violations and Orders. (a) Seller shall comply with 3. Purchase Price. The purchase price is:$ 40,000.00 all notes or notices of violations of law or municipal ordinances,orders payable as follows: or requirements noted or issued as of the date of closing by any (0 n the signing of this eeat.-aet by P h eheek payable t governmental department having authority as to lands, housing, the Eser-eWee(as hereinafter defined),subjeet to aelleetien,the Fe6eipt buildings,fire,health,environmental and labor conditions affecting the f...1,i E.1, is 1, 1.y 1 1 .,a ,7, t 1. holdin esr.Few pursuant t Premises. The Premises shall be conveyed free of them at Closing. paragraph 6 of this eentr-aet(the«T,ownn.ymenV)i Seller shall furnish Purchaser with any authorizations necessary to make $ g the searches that could disclose these matters. (b) (D l,.t :c; ap ie Le) An eblig tions ..f-eting the n_,....:ses ...t, , n the date hereof-,Payment f h h n haser all assume pursuant to the AdministrativeCode f the City f T T York ineuFre a prior to Closin.. Y and payable d b Seiler- (e.) t try-�eii�der in therd®®d � A ' able: shall be di to Imo,. $ 0 (d) balance at Closing: $ 40,000.00 7. Seller's Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; 4. Acceptable Funds. All money payable under this contract,unless (ii) Seller is the sole owner of the Premises and has the full right, otherwise specified,shall be paid by: power and authority to sell,convey and transfer the same in accordance (a) Cash,but not over$1,000.00; with the terms of this contract; • (iii) 'aeller is not a "foreign person", as that term is defined for price a sum equal to 10%thereof(or any lesser amount permitted by purposes of the Foreign Investment in Real Property Tax Act, Internal law) and shall at Closing remit the withheld amount with the required Revenue Code("IRC")Section 1445, as amended, and the regulations forms to the Internal Revenue Service. promulgated thereunder(collectively"FIRPTA"); (f) The delivery of the Premises and all building(s) ifnpr-evements (iv) The Premises are not affected by any exemptions or abatements , free of all debris, of taxes;and vacant and free of leases or tenancies together-.. th keys to the Premises (v) Seller has been known by no other name for the past ten years, (b) All b Y lu n�bi"" (inalu,: ^t „a tie :f any)-, � esupply „ � except heating „a „,,:till , eect« a systems, •• if ••� la h , (b) Seller covenants and warrants that all of the representations and al applianees which arc:„"hulled in th:s sal Wing b' ' • g order as warranties set forth in this contract shall be true and correct at Closing. ^f the a^+e^f C-1 ..:"^ (c) Except as otherwise expressly set forth in this contract, none of (h) If the Premises are «two family house deli h +h Seller's covenants, representations, warranties or other obligations pai4ies at Closing of affidavits in oempliance with state „..a'..,_.,'. ; contained in this contract shall survive Closing. «e„^its to the_ff et that there is_„-t„„ed:__the Premises a.,...ake 8. Condition of Property. Purchaser acknowledges and represents that (i) The delivery by the parties of any other affidavits required as a Purchaser is fully aware of the physical condition and state of repair of condition of recording the deed. the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that 13. Deed Transfer and Recording Taxes. At Closing, certified or Purchaser is entering into this contract based solely upon such official bank checks payable to the order of the appropriate State, City inspection and investigation and not upon any information, data, or County officer in the amount of any applicable transfer and/or statements or representations, written or oral, as to the physical recording tax payable by reason of the delivery or recording of the deed condition, state of repair, use, cost of operation or any other matter or mortgage, if any, shall be delivered by the party required by law or related to the Premises or the other property included in the sale,given by this contract to pay such transfer and/or recording tax,together with or made by Seller or its representatives, and shall accept the same"as any required tax returns duly executed and sworn to,and such party shall is" in their present condition and state of repair, subject to reasonable cause any such checks and returns to be delivered to the appropriate use,wear,tear and natural deterioration between the date hereof and the officer promptly after Closing. The obligation to pay any additional tax date of Closing (^Keep+ as other-wise set f«th in paragraph t 6(f)), or deficiency and any interest or penalties thereon shall survive Closing. without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this 14. Apportionments and Other Adjustments; Water Meter and contract. Purchaser and its authorized representatives shall have the Installment Assessments. (a) To the extent applicable,the following right, at reasonable,times and upon reasonable notice(by telephone or shall be apportioned as of midnight of the day before the day of Closing: otherwise)to Seller,to inspect the Premises before Closing. (i) taxes, water charges and sewer rents, on the basis of the lien period for which assessed; (ii) fuel; (^i` k4or-est on the existing 9. Insurable Title. Seller shall give and Purchaser shall accept such (iv)pfamiums on existing transferable,insuranee peliraies and title as any reputable title company licensed to do business in the State renewals of theseexpiring t"Closing;(..,.atilt ehargesi.( •)rents of New York shall be willing to approve and insure in accordance with as and when eelleeted. its standard form of title policy approved by the New York State (b) If Closing shall occur before a new tax rate is fixed, the Insurance Department, subject only to the matters provided for in this apportionment of taxes shall be upon the basis of the tax rate for the contract. immediately preceding fiscal period applied to the latest assessed valuation. 10. Closing,Deed and Title.(a)"Closing"means the settlement of the (e) if there, : a water meter- on the Premises, „ shall a h obligations of Seller and Purchaser to each other under this contract, Feading to a date not faeFe than 30 a" before s Closing d the unfixed including the payment of the purchase price to Seller, and the delivery ,shall be apportioned en the basis 0 to Purchaser of a Bargain and Sale Deed with Covenants Against using. Grantor's Acts in proper statutory short form for recording, duly (d) If at the date of Closing the Premises are affected by an assessment executed and acknowledged, so as to convey to Purchaser fee simple which is or may become payable in annual installments, and the first title to the Premises, free of all encumbrances, except as otherwise installment is then a lien,or has been paid,then for the purposes of this herein stated. The deed shall contain a covenant by Seller as required contract all the unpaid installments shall be considered due and shall be by subd.5 of Section 13 of the Lien Law. paid by Seller at or prior to Closing. (b)• The Deed shall be a full Bargain and Sale Deed with covenants (e) Any errors or omissions in computing apportionments or other against Grantor's acts in the proper statutory short form with the adjustments at Closing shall be corrected within a reasonable time following additional language contained in the deed: following Closing. This subparagraph shall survive Closing. "WHEREAS, this certain plot, piece or parcel of land more fully described herein, is being acquired with monies of the Town of 15. Allowance for Unpaid Taxes,etc. Seller has the option to credit Southold,it shall henceforth be used,managed,operated or disposed of Purchaser as an adjustment to the purchase price with the amount of any in accordance with New York State Town Law and Southold Town unpaid taxes,assessments,water charges and sewer rents,together with Code." any interest and penalties thereon to a date not less than five business (e) if Seller is ea "ratio~ it shallv�d l' t h at the+' days after Closing,provided that official bills therefore computed to said of Closing(i)a resolution of its Board f Dir-orater-s authorizing the sale date are produced at Closing. and delii,M, of the deed, and (ii) a raei4ifieate by the SecretaFy of Assistant Se"«et.,«.+, of the ""r«„"- ie " «mt•ayb h r-eselutiona 16. Use of Purchase Price to Remove Encumbrances. If at Closing setting feFth facts showing!hat the transfer- is in raeafeFmity with th there are other liens or encumbrances that Seller is obligated to pay or r�guirwments of Scotian ono of the Business G�r"t• T The a a discharge,Seller may use any portion of the cash balance of the purchase o�of axo a omwoc croisarrn— 000Q h case hall contain a r-ee'+ f+' +to + hl' h eamplianee price to pay or discharge them, provided Seller shall simultaneously with that Se"t:„„ deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with 11. Closing Date and Place. Closing shall take place at the office of the cost of recording or filing said instruments. Upon notice (by the Southold Town Supervisor located at 54375 Main Street,Southold, telephone or otherwise), given not less than 3 business days before New York,on or about 60 days following the adoption of an authorizing Closing,Purchaser shall provide checks as requested to assist in clearing resolution and full execution of this Contract of Sale.The Closing may up these matters. also be done in escrow if agreed to by the parties. 17. Title Examination; Seller's Inability to Convey; Limitations of 12. Conditions to Closing. This contract and Purchaser's obligation to Liability. (a) Purchaser shall order an examination of title in respect of purchase the Premises are also subject to and conditioned upon the the Premises from a title company licensed or authorized to issue title. fulfillment of the following conditions precedent: insurance by the New York State Insurance Department or any agent for (a)Public Hearing held by the Southold Town Board pursuant to the such title company promptly after the execution of this contract or, if Town Code and Section 247 of the General Municipal Law regarding this contract is subject to the mortgage contingency set forth in acquisition of said property paragraph 8, after a mortgage commitment has been accepted by (b) Resolution authorizing the Town of Southold to acquire said Purchaser. Purchaser shall cause a copy of the title report and of any property. additions thereto to be delivered to the attomey(s)for Seller promptly (c) The accuracy,as of the date of Closing,of the representations and after receipt thereof warranties of Seller made in this contract; (b) (i) If at the date of Closing Seller is unable to transfer title to (d) The .,eliyeFy by Seller- to Purchase« of., lid d h t• . � , , Purchaser in accordance with this contract,or Purchaser has other valid grounds for refusing to close,whether by reason of liens,encumbrances evide„ee that none was required, b the building(s)and all effh or other objections to title or otherwise (herein collectively called ether-improvements lerat@d en the Y r i4 +h their- "Defects"), other than those subject to which Purchaser is obligated to family dwelling at!he date of Glesing. accept title hereunder or which Purchaser may have waived and other (e) The delivery by Seller to Purchaser of a certification stating that than those which Seller has herein expressly agreed to remove,remedy Seller is not a foreign person;which certification shall be in the form or discharge and if Purchaser shall be unwilling to waive the same and then required by FIRPTA. If Seller fails to deliver the aforesaid to close title without abatement of the purchase price, then, except as certification or if Purchaser is not entitled under FIRPTA to rely on such hereinafter set forth,Seller shall have the right,at Seller's sole election, certification, Purchaser shall deduct and withhold from the purchase either to take such action as Seller may deem advisable to remove, emedy, discharge or comply with such Defects or to cancel this which terms shall also include,whether or not included in the definitions contract;(ii)if Seller elects to take action to remove,remedy to comply contained in Applicable Environmental Laws, petroleum, solvents, or with such Defects,Seller shall be entitled from time to time,upon Notice polychlorinated biphenyls; (iv) there are no above ground or to Purchaser,to adjourn the date for Closing hereunder for a period or underground storage tanks or containers at the Premises;(v)there are no periods not exceeding 60 days in the aggregate and the date for Closing liens under Applicable Environmental Laws affecting the Premises and shall be adjourned to a date specified by Seller not beyond such period. no government actions have been taken or,to the knowledge of Seller, If for any reason whatsoever, Seller shall not have succeeded in are in process,which could subject any portion of the Premises to such removing,remedying or complying with such Defects at the expiration liens;and(vi)there are no citations or summons served upon the Seller of such adj ournment(s),and if Purchaser shall still be unwilling to waive with respect to and there has been no activity that would give rise to,any the same and to close title without abatement of the purchase price,then release,discharge or deposit,on the Premises that is the subject of this either party may cancel this contract by Notice to the other given within Contract of Sale,of a Hazardous Substance. As used herein,"Hazardous 10 days after such adjourned date; (iii)notwithstanding the foregoing, Substances" shall mean any hazardous materials, hazardous waste, the existing mortgage(unless this sale is subject to the same) and any hazardous and toxic substances, pollutants, contaminants, debris and matter created by Seller after the date hereof shall be released, other solid wastes as those terms are defined by any Applicable discharged or otherwise cured by Seller at or prior to Closing. ' Environmental Laws. For purposes of this paragraph 24, Hazardous (c) If this contract is canceled pursuant to its terms, other than as a Substances shall not include(y)substances used by Seller in the ordinary result of Purchaser's default, this contract shall terminate and come to maintenance of the Premises,provided such use is in the ordinary course an end, and neither party shall have any further rights, obligations or of Seller's maintenance, and (z) petroleum released in de minimus liabilities against or to the other hereunder or otherwise;except that: (i) amounts and typically associated with the use of portions of the Premises Seller shall promptly FePand oF sause the refund t- for driving and parking motor vehicles. The representations and the reimburse Purchaser for the net cost provisions of this paragraph shall not survive CLOSING. This of examination of title, including any appropriate additional charges Agreement shall be interpreted and enforced in accordance with the laws related thereto, and the net cost, if actually paid or incurred by of the State of New York. If any provision(s)of this Agreement shall Purchaser,for updating the existing survey of the Premises or of a new be unforceable or invalid, the same shall not affect the remaining survey,and(ii)the obligations under paragraph 23, if applicable,shall provisions of this Agreement and to this end the provisions of this survive the termination of this contract. Agreement are intended to be and shall be severable. 18. Affidavit as to Judgments, Bankruptcies, etc. If a title 25. Environmental Assessment/Clean-Up Contingency. The examination discloses judgments,bankruptcies or other returns against Purchaser's representatives shall, within fourteen (14) days of full persons having names the same as or similar to that of Seller,Seller shall execution of this Contract, inspect the Premises to determine the deliver an affidavit at Closing showing that they are not against Seller. existence of any Hazardous Substances (as defined in Paragraph 24 above) and any other unacceptable materials that are required to be 19. Defaults and Remedies. (a) If Purchaser defaults hereunder,Seller removed prior to Closing consistent with the representations in shall have such remedies as Seller shall be entitled to at law or in equity, paragraph 24 of this Contract. The results of said inspection shall be set including,but not limited to,specific performance. forth in a memorandum from the Town's Community Preservation Fund (b) If Seller defaults hereunder,Purchaser shall have such remedies as Department or in written report from Purchaser's consultant, and Purchaser shall be entitled to at law or in equity, including, but not forwarded to the Seller and Seller's attorney. Prior to closing, Seller limited to,specific performance. shall remove all Hazardous Substances and any unacceptable materials identified in the report and said to exist on the Premises.The removal of 20. Purchaser's Lien. All money paid on account of this contract and all these items shall be completed to the satisfaction of the office of the the reasonable expenses of examination of title to the Premises and of Community Preservation Fund Department prior to closing. If Seller any survey and survey inspection charges,are hereby made liens on the elects not to undertake any clean up required by this paragraph, Premises, but such liens shall not continue after default by Purchaser purchaser may cancel this contract and neither party shall have any under this contract. further liability to the other,or Purchaser may proceed to Closing liability to the other,or Purchaser may proceed to Closing. 21. Notices. Any notice or other communication("Notice")shall be in writing and either (a) sent by either of the parties hereto or by their 26. Survey. Purchaser agrees, not later than seven (7)days after the respective attorneys who are hereby authorized to do so on their behalf adoption of an authorizing resolution,to order a survey of the premises or by the Escrowee,by registered or certified mail,postage prepaid,or; to be prepared by a surveyor licensed by the State of New York and to (b) delivered in person or by overnight courier, with receipt direct the surveyor to forward copies of the survey and survey reading, acknowledged,to the respective addresses given in this contract for the as well as all related notices, to the Seller's attorney and the title party,to whom the Notice is to be given,or to such other address as such company. Said survey shall be at the cost of the Purchaser. party shall hereafter designate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice 27. IRS W-9 Form. Seller agrees to execute and deliver to Purchaser's mailed shall be deemed given on the third business day following the attorney an IRS Form W-9 at least twenty(20)days prior to closing of date of mailing the same, and each Notice delivered in person or by title so that the Town Comptroller's Office may obtain and disburse overnight courier shall be deemed given when delivered. necessary funds. Seller acknowledges that a delay in the delivery of the W-9 Form will result in the delay of the scheduled Closing date. 22. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any 28. Public Disclosure Statement. Seller shall,within ten(10)days of purported assignment(s)made without such consent shall be void. the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time 23. Broker. Seller and Purchaser each represents and warrants to the of Closing,the Seller shall submit a then applicable statement or a sworn other that it has not dealt with any broker in connection with this sale statement that there have been no changes in interest since the date of other than, XXXXXXXXX (agent: XXXXXX, ("Broker") and Seller this Contract. Any evidence of a conflict of interest or prohibited shall pay Broker any commission earned pursuant to a separate contractual relationship shall require approval of the Contract and sale agreement between Seller and Broker. Seller and Purchaser shall by the Supreme Court of the State of New York. indemnify and defend each other against any costs,claims and expenses, including reasonable attorneys' fees arising out of the breach on their 29. Delivery of Deed. The acceptance of a Deed by the Purchaser shall respective parts of any representation or agreement contained in this be deemed to be full performance in discharge of every agreement and paragraph. The provisions of this paragraph shall survive Closing or,if obligation on the part of the Seller to be performed pursuant to the Closing does not occur, the termination of this contract. Added provisions of this agreement, except those, if any, which are herein suggested changes by Seller's attorney. specifically stated to survive the Closing. 24. Environmental'IRepresentations. Seller represents that to the best 30. Acknowledgement of Charitable Contribution. The Purchaser of Seller's knowledge: (i) No Hazardous Substances (as hereinafter acknowledges that the Seller may take a charitable contribution of the defined)have been released, discharged,treated,stored or disposed of, difference between the fair market value of the Premises as may be or otherwise deposited in or on,or migrated to,the Premises,including established by the Seller's appraisal and the purchase price to be paid by without limitation of the generality of the foregoing,the surface waters the Purchaser pursuant to this Agreement. Accordingly,if requested by and subsurface waters of the Premises; (ii)There are no underground Seller,the Purchaser may execute Internal Revenue Service Form 8283 fuel tanks or septic systems on the Premises; (iii) There are no and any other documents required by the Internal Revenue Service in substances or conditions (including asbestos or asbestos-containing conjunction with Seller's claim for a charitable contribution, provided materials)in or on the Premises or any other parcels of and which may Seller's valuation is consistent with the Purchaser's appraised fair materially adversely affect the Premises or use thereof of which would market value. This acknowledgement does not represent and shall not be reasonably likely to support a claim or cause of action under any be construed as concurrence by the Purchaser of the claimed fair market existing federal, state or local environmental statute, regulation, value. ordinance or other environmental regulatory requirement (hereinafter collective called"Applicable Environmental Laws"),including,without 31. IRS§1031. The Purchaser hereby acknowledges that it may be the limitation,the Comprehensive Environmental Response,Compensation intent of the Seller to structure its sale as a tax deferred exchange under and Liability Act("CERCLA"),as amended 42 U.S.C. §§6901,et seq., IRC §1031. Seller covenants that this will not delay the close of the the Resource Conservation and Recovery Act("RCRA"),as amended42 subject transaction nor cause the Purchaser any additional expenses. U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New York State, The Seller's rights under the purchase and sale agreement may be assigned to a Qualified Intermediary for IRC §1031 Tax Deferred i `Exchanges. Buyer agrees to cooperate with the Seller and the Qualified (e) This contract shall not be binding or effective until duly executed 'Intermediary to complete the exchange. and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting 32. Utilities. Seller shall discontinue all utilities at the Premises and requirements,if applicable. This subparagraph shall survive Closing. provide"disconnect"letters prior to Closing,including PSEG,National (g) Each party shall, at any time and from time to time, execute, Grid and SCWA. acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably 33. Removal of Existing improvements. After Glesing, Purslaser requested by the other in order to carry out the intent and purpose of this shall be "enr peHsible f b Y" " all the Premises. contract. This subparagraph shall survive Closing. This Y"""b""Yw shall � 'v o slesins cell°—shall id D > (h) This contract is intended for the exclusive benefit of the parties with gnu prinr �y", and infeFma4iendi the leeatien of hereto and,except as otherwise expressly provided herein,shall not be oxisting sanita*, systems, water- sen4ees, wells and underground e for the benefit of, and shall not create any rights in, or be enforceable above ground fuel ster-age tanks in Seller's poss anion.Se eF hai!also by,any other person or entity. Y ""the promise 35. Counterparts: This contract may be executed in several counterparts, each of which shall be deemed an original, and all such 34. Miscellaneous. (a) All prior understandings, agreements, counterparts together shall constitute one and the same instrument. representations and warranties, oral or written, between Seller and However,the Contract shall not be effective or enforceable against any Purchaser are merged in this contract;it completely expresses their full party hereto until all parties have completely and properly executed at agreement and has been entered into after full investigation, neither least one counterpart of the Contract. This Contract may be executed party relying upon any statement made by anyone else that is not set by facsimile signatures, electronic (i.e. email) or portable document forth in this contract. format(".PDF")that shall be deemed originals with the originals to be (b) Neither this contract nor any provision thereof may be waived, provided within a reasonable time; facsimile signatures or PDF changed or canceled except in writing. This contract shall also apply to signatures shall be treated as original signatures;and facsimile or PDF and bind the heirs, distributees, legal representatives, successors and copies of this Contract shall be treated as original copies of this permitted assigns of the respective parties. The parties hereby authorize Contract. their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 36. Taxes upon Transfer: Seller hereby acknowledges that the (c) Any singular word or term herein shall also be read as in the plural Purchaser is an exempt municipal entity not subject to NYS transfer and the neuter shall include the masculine and feminine gender,whether taxes. Pursuant to NYS Tax Law Section 1404,the Seller shall have the sense of this contract may require it. the duty to pay such tax obligation. (d) The captions in this contract are for convenience of reference only and in noway define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any SIGNATURE PAGE FOLLOWS provision hereof. ] d IN WITNESS WHEREOF,this contract has been duly executed by the parties hereto. Seller: Purchaser: TOWN OF SOUTHOLD llty J KING By:SCOTT RUSSELL,TOWN SUPERVISOR DIANE COTUGNO Attorney for Seller: Attorney for Purchaser: XXXXXXX Paul M DeChance Esq. XXXXXXXXXXXX Town Attorney Address:XXXXXX Address: 54375 State Route 25 XXXXXXXX Southold,NY 11971 XXXX Town of Southold Tel:XXXX Tel:631-765-1939 'Contract of Sale PREMISES TITLE NO. Section 141 Block 4 Lots 10 DIANE COTUGNO and JAMES KING County or Town Suffolk,Southold Street Number Address: 54375 State Route 25 Southold,NY 11971 TO SOUTHOLD TOWN PAUL M.DeCEIANCE SCOTT A.RUSSELL TOWN ATTORNEY *of SO(/�yOIO Supervisor pauld@southoldtownny.gov Town Hall Annex,54375 Route 25 P.O.Box 1179 Southold,New York 11971-0959 `, Telephone(631)765-1939 OUf, Facsimile(631)765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 23, 2023 James King & Diane Cotugno 220 East Mill Road Mattituck, NY 11952' Re: Contract of Sale Premise: 12655 Sound Ave, Mattituck, NY 11952 Dear Mr. King and Ms. Cotugno: I am enclosing three of the above- referenced Contract of Sale. Please sign in marked places and return to the Town Attorney Office. Once, Supervisor Scott Russell has executed the agreement I will send a fully executed copy of-the agreement for your records. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you for your assistance. Very truly yours, V ` Melissa M Mirabelli Secretary to the Town Attorney /mm Enclosures RESOLUTION 2022-997 ADOPTED DOC ID: 18694 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-997 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 13,2022: WHEREAS,the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS,the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141, Block 4,Lot 10),being a parcel of real property which is required for drainage improvements, and WHEREAS,in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS, in order to acquire said parcel it may be necessary that certain title, appraisal and engineering services be performed; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street, Town of Southold,New York(SCTM No. 1000, Section 141, Block 4, Lot 10), by negotiated purchase; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED ,the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a real estate purchase contract. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,,Doroski, Mealy, Doherty, Evans, Russell Town of Southold _ Southold Town Hall Annex 54375 Route 25 (Main RD) P.O. Box 1179 Southold,NY 11971 Office (631) 765-1939 Fax(631)765-6639 ******************************************************************************************* This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. ******************************************************************************************* 2 Mirabelli, Melissa From: Collins, Michael Sent: Thursday,June 2, 2022 11:32 AM To: Burke, John Cc: Mirabelli, Melissa Subject: Property Acquisition for Drainage John: The parcel in question is 12655 Sound Avenue in Mattituck,SCTM 1000-141-4-10. Jim King(retired Town Trustee) is the owner and says he has a recent survey that he can share with us. I talked to Kristie and she said that the stormwater bond cannot be utilized for land purchases but hopefully the valuation will be low enough that it can be funded out of contingencies. Let me know what.else you need. Michael Collins, P.E. Town Engineer Town of Southold (631) 765-1560 http://www.southoldtownny.gov/index.aspx?nid=195 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Ad 1 Mirabelli, Melissa From: Burke, John Sent: Friday,July 1, 2022 1:01 PM To: Hagan, Damon Cc: Mirabelli, Melissa Subject: FW:Appraisal Needed for SCTM 1000-141-04-10 Attachments: SCTM 1000-141-04-10.pdf Follow Up Flag: Follow up Flag Status: Flagged Damon Can you contact the owner, tell him we are working to quire this and order an appraisal please Jolm J. Burke, Esq. Assistant Town Attorney Southold Town Annex 54375 Route 25 (Main Road) P.O. Box 1 179 Southold,New York 11971-0959 Office: 63 l.765-1939 Fax: 631.765.6639 E-mail: Johnbu cr southoldtownny.UrOV From: Collins, Michael Sent: Friday,July 01, 2022 12:58 PM To: Burke,John <johnbu@southoldtownny.gov> Cc: Mirabelli, Melissa<melissa.mirabelli@town.southold.ny.us> Subject: FW:Appraisal Needed for SCTM 1000-141-04-10 FYI From: Collins, Michael Sent:Tuesday,June 21, 2022 3:49 PM To: Hagan, Damon<damonh@southoldtownny.gov> Subject:Appraisal Needed for SCTM 1000-141-04-10 Plan is to purchase for drainage. Jim King is the current owner and offered it to us, he doesn't have a price in mind. Appraisal can be charged to budget line A.1440.4.500.400. Michael Collins, P.E. Town Engineer Town of Southold (631) 765-1560 http://www.southoldto=.gov/index.aspx?nid=l 95 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is 1 prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. z K/ a r%1j ^' ro ° 10 .,:.. 3pG"n N �10 p Y� Sol- klss 0 i 1 APPRAISAL REPORT of 12655 Sound Avenue Mattituck, New York 11952 a/k/a District 1000 Section 141 Block 4 Lot 10 DATE OF VALUATION September 23, 2022 �} PREPARED FOR Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York 11971 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 John Burke, Esq.Town Attorney Daman Hagan, Esq.Assistant Town Attorney September 29, 2022 Page 2 of 2 Public records indicate ownership of the is held by Dung Cotu no-and-James-King. The purpose of the appraisal is to estimate the market value of the fee simple interest of the subject property,as of September 23, 2022. The function of the appraisal is to provide information for acquisition purposes. The intended user of the report is the client,the Town of Southold. The global outbreak of a "novel coronavirus" known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any,this event may have on the national economy,the local economy, or the market in which the subject property is located.The reader is cautioned and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. The following report sets forth all available data and methodology utilized in arriving at our value conclusion and should be read in its entirety. The appraisal is subject to the Underlying Assumptions and Contingent Conditions set forth on the following pages. After an analysis of all relevant data and based upon the documentation presented within the following report and maintained in our files, it is our opinion that the estimated market value of the subject as of September 23, 2022, is as follows: EIGHTY THOUSAND($80-000)-D0LLARS Respectfully submitted, BRUNSWICK APPRAISAL CORP. Elinor Brunswick, MAI New York State Cert. No.46-8913 BRUNSWICK APPRAISAL CORP. TABLE OF CONTENTS 12655 Sound Avenue Mattituck, New York 11952 Page INTRODUCTION Aerial Views of the Subject Property 1 Underlying Assumptions and Limiting Conditions 2 Summary of Salient Facts and Conclusions 4 Property Identification 5 Owner of Record 5 Purpose of Appraisal 5 Function of Appraisal 5 Property Rights Appraised 5 Intended User of the Report 5 Effective Appraisal Date 5 Definition of Fee Simple 6 Definition of Market Value 6 History of Subject Property 6 Exposure Time 7 Marketing Time 7 Scope of the Appraisal 8 Regional Data 9 Town of Southold and Immediate Neighborhood 13 Site Description 15 Assessments and Taxes 17 Zoning Summary 18 HIGHEST AND BEST USE ANALYSIS 19 VALUATION Appraisal Process 21 Site Valuation 22 Sales Comparison Approach 23 Market value Conclusion 35 ADDENDA Subject Property Deed 37 Certification 39 Qualifications 40 BRUNSWICK APPRAISAL CORP. INTRODUCTION 1 AERIAL VIEW OF SUBJECT PROPERTY 47 NEI' CIE � a M • w y .. � � t BRUNSWICK APPRAISAL CORP. INTRODUCTION 2 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS For the purpose of this appraisal, it is assumed: 1. That the legal description is correct. 2. That the title to the property is legally sufficient. 3. That there are no encumbrances or defects of title. 4. That the property is free and clear of all liens. 5. That the property will be efficiently managed and properly maintained. 6. That there are no structural conditions,which are not apparent. 7. That there are no sub-surface soil conditions which would cause extraordinary development costs. The appraisal is made subject to the following contingent conditions: 1. That no liability is assumed because of inaccuracies or errors in said estimate and opinions. 2. That no liability is assumed as a result of matters of legal character affecting the property, such as title defects, encroachments, liens, overlapping boundaries, party wall agreements, and easements. 3. Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 4. This appraisal is to be used in whole and not in part. No part of it shall be used in conjunction with any other appraisal. The appraisal is invalid if so used. 5. That no survey, structural or sub-surface soil investigation was made of the property by the appraiser. BRUNSWICK APPRAISAL CORP. INTRODUCTION 3 6. The appraiser herein by reason of this appraisal is not required to give testimony in court with reference to the subject property unless,otherwise previously arranged. 7. Possession of this report, or copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by anyone but the applicant,without the previous written consent of the appraiser. 8. This appraisal was made for the purpose stated and should not be used for any other purpose. 9. Each finding, prediction, assumption or conclusion contained in the appraisal report is the appraiser's personal opinion and is not an assurance that an event will or will not occur. We assume that there are no conditions relating to the real estate, sub- soil or structures located on the real estate which would affect appraiser's analyses, opinions or conclusions with respect to the real estate that are not apparent. 10. The data gathered in the appraisal process (except data furnished by client) and the appraisal report will remain property of the appraiser. The appraiser will not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to him. The appraiser is, however, authorized by the client to disclose all or any portion of the appraisal report and the related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable appraiser to comply with the by-laws and regulations of such Institute now or hereafter in effect. 11. The client agrees that the appraisal report will not be quoted or referred to in any report or financial statement of the client. Neither all nor any part of the contents of the appraisal report (especially the conclusions as to value, the identity of the appraiser, references to the Appraisal Institute or references to the MAI or SRA designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or other public means of communication without the prior written consent and approval of the appraiser. 12. Brunswick Appraisal Corp. has not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the Americans with Disabilities Act(ADA,effective January 16, 1992). It is possible that a compliance survey of the property and a detailed analysis of the ADA requirements may reveal that the property is not in compliance with one or more requirements. If so, this fact might have a negative effect upon the value of the property. Brunswick Appraisal Corp. is not an ADA expert and has no direct evidence relating to this issue. This report does not reflect possible non-compliance with the ADA or its potential negative effect on the estimated value herein. BRUNSWICK APPRAISAL CORP. INTRODUCTION 4 SUMMARY OF SALIENT FACTS Property Address: 1-2655-SGund--Avernuea Mattituck, New York 11952 Property Identification: The subject property is situated northerly side of Sound Avenue approximately 290 feet west of Westphalia Road. Tax Map ID#: Distract 1000LSection�14:-1 B1ock��0 Owner of Record: Qia.ne-CotugFp and:Jarrres King Interest Appraised: Fee simple interest Purpose of Appraisal: The purpose of the appraisal is to estimate the market value of the fee simple interest of the subject property as of September 23, 2022. Function of Appraisal: The function of the appraisal is to provide information for acquisition purposes. Property Description: The subject parcel is vacant and triangular in shape containing a land area of 0.14 acres or 6,098 square feet. The lot has approximately 140 feet of frontage along Sound Avenue and approximately 160 feet of frontage along the Long Island Railroad tracks. Zoning: The property is in the Hamlet Business(HB)zoning district of the Town of Southold. Effective Date of Appraisal: September 23,2022 Highest and Best Use: The highest and best use is to be developed in conformance with the zoning ordinance of the Town of Southold. Market Value as of 9/9/2022: $80,000 BRUNSWICK APPRAISAL CORP. INTRODUCTION 5 PROPERTY IDENTIFICATION 12655 Sound Avenue Peconic,Town of Southold, New York 11958 a/k/a District 1000 Section 83 Block 2 Lot 17.1 OWNER OF RECORD Ownership of the subject property is held by Diane Cotugno and James King PURPOSE OF APPRAISAL The purpose of the appraisal is to estimate the market value of the fee simple interest of the subject property, as of September 23, 2022. FUNCTION OF THE APPRAISAL The function of this appraisal is to provide information for acquisition purposes. PROPERTY RIGHTS APPRAISED Fee Simple Estate INTENDED USER OF THE REPORT The intended user of the report is the client,the Town of Southold. EFFECTIVE APPRAISAL DATE September 23, 2022 BRUNSWICK APPRAISAL CORP. INTRODUCTION 6 DEFINITION OF FEE SIMPLE ESTATE A fee simple estate is defined as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain,police power and escheat."1 DEFINITION OF MARKET VALUE Market value is defined as: "The most probable price as of a specified date, in cash,or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress."2 Fundamental assumptions and conditions presumed in this definition are: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised and acting in what they consider their best interests. 3. The property is exposed for a reasonable time on the open market. 4. Payment is made in cash, its equivalent, or in specified financing terms. 5. Specified financing, if any, may be the financing actually in place or on terms generally available for the property type in its locale on the effective appraisal date. The effect, if any,on the amount of market value of atypical financing,services,or fees shall be clearly and precisely revealed in the appraisal report. HISTORY OF OWNERSHIP The subject=proprerty--.wasutr.-ansfe.rred=from=the=County-of Suffolk=tmDia.ne7-Cotugrro and James King on_6/_2/.1-9_98.-and�record�d�or��6/4/1998�in�L-fiber 1:189a=f?age--228-for=a consideration of $3,560 Thereenhave-been-Wfurther�fransfers=of-the=prepertyawitliinxthe�'gast,five years. 1 Appraisal Institute,The Dictionary of Real Estate Appraisal,611 Ed.,(Chicago,IL: The Appraisal Institute,2015),Page 910 2 The Appraisal Institute,The Appraisal of Real Estate,1S'h Ed.,(Chicago,IL:The Appraisal Institute,2020),page 48 BRUNSWICK APPRAISAL CORP. INTRODUCTION 7 EXPOSURE TIME Exposure time is defined as: 1. The time a property remains on the market 2. The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. Exposure time is always presumed to occur prior to the effective date of appraisal. The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Exposure time is different for various types of real estate and value ranges under various market conditions.31n estimating the appropriate exposure time applicable to the interest in the subject property we have considered marketing periods for similar type properties based on a survey of property listings as well as sales data and interviews with market participants. In addition, we have considered the availability of financing as of the effective appraisal date. It is our opinion that a reasonable exposure time applicable to the interest in the subject property as of the effective appraisal dates is twelve months (12) or less. MARKETING TIME As explained in Statement 6 and Advisory G-7 of the Appraisal Standards Board of The Appraisal Foundation, marketing time and exposure are distinct concepts. Our forecast of marketing time is separate from the normal appraisal process and relates to the period immediately after the effective date of appraisal. We estimate that a reasonable marketing time for the subject parcel is three to six months. 3 Appraisal Institute,The Dictionary of Real Estate Appraisal,61h Ed.,(Chicago,IL: The Appraisal Institute,2015),page 83 BRUNSWICK APPRAISAL CORP. INTRODUCTION 8 SCOPE OF THE APPRAISAL Brunswick Appraisal Corporation has been retained by the Town of Southold to provide a market value of the fee simple interest of the subject property located at 12655 Sound Avenue, Mattituck, New York 11952. The subject property lies in the Hamlet Business (HB) district of the Town of Southold. The report has been prepared as an appraisal report in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. To accomplish this assignment, the following scope of services was undertaken: • The subject property and surrounding area was inspected by Elinor Brunswick, MAI on September 23, 2022. • Analyzed demographic trends in the vicinity of the subject property: Regional, area and neighborhood data are based on published sources, the files and library of Brunswick Appraisal Corporation, and based upon our discussions with knowledgeable sources. • Analyzed zoning regulations applicable to the subject property. Zoning information is based upon the Code of the Town of Southold. • Analyzed the Highest and Best Use of the subject property based upon physically possible uses, legally possible uses,financially feasible uses and maximally productive uses. • Conducted a survey of comparable property sales: Information was provided by published sales comparable sales services and confirmed with one of the parties of the transaction, brokers,assessor's records, recorded deeds,or other knowledgeable parties; all sales were physically inspected. • Utilized the Sales Comparison Approach as the most appropriate methodology in arriving at a market value of the subject property. • Provided a final value conclusion based upon all data and methodology set forth within the appraisal report. BRUNSWICK APPRAISAL CORP. INTRODUCTION 9 REGIONAL DATA Long Island is the largest island adjoining the continental United States and extends over 118 miles in length and 20 miles in width. It is geographically surrounded by the Long Island Sound to the north and the Atlantic Ocean to the south.While technically,the boroughs of Queens and Brooklyn are part of the Long Island mainland, the counties of Nassau and Suffolk occupy approximately 85% of the total land area consisting of 1,198 square miles.The region is defined by the "primary metropolitan statistical area"and comprises Nassau and Suffolk Counties. Nassau County and Suffolk County have a great deal of interrelated activity as residents residing in one county work, shop and enjoy the recreational activities of the other, because of geographic proximity. County government is headed by the County Executive and a board of six supervisors. The subject property is located in Suffolk County. Suffolk County is bounded on the north by the Long Island Sound, on the South by the Atlantic Ocean, on the east by Gardiner's Bay and to the west by the Nassau County boundary line. The south shore is paralleled by barrier beaches,which create bays between the mainland of Long Island and the Atlantic Ocean. According to the U.S. Census Bureau, the county has a total area of 2,373 square miles of which 912 square miles is land and 1,461 square miles is water, making it the second largest county by area in the state of New York, L31 and 66% of the land area of Long Island. Population and Economics: Based on the U.S. Census Data, as of July 1, 2019, Suffolk County has a population of 1,476,601 which indicates a -1.1%population percent change from April 1, 2010,while Nassau has a population of 1,356,924 which indicates a 1.3% population change from the same time period. Suffolk County has a total of 577,512 housing units and Nassau County has 474,165 housing units as of July 1, 2019. Economy/Employment: As reported in the Long Island Association monthly publication, October 2021 and written by Dr. John A. Rizzo, LIA Chief Economist, "The number of private sector jobs on Long Island increased over the year by 31,100, or 3.0 percent, to 1,054,700 in August 2021. In comparison, the state's over-the-year private sector growth rate was 5.4 percent, and the U.S. rate was 5.2 percent. While Long Island's private sector has regained a large portion of jobs lost during the pandemic, it remains 111,600, or 9.6 percent, below pre-pandemic levels (compared to August 2019). In terms of monthly changes, Long Island's private sectorjob count decreased by four hundred between July and August,which is less than the average loss of nine hundred. A number of industries have fully regained jobs lost during the pandemic including accounting, tax preparation, bookkeeping, and payroll services, nondurable goods manufacturing, hospitals, and couriers and messengers. But employment in the leisure and hospitality and construction sectors remain well below pre-pandemic levels (compared to August 2019).The August unemployment rate was 5.1 percent, well below last year's rate of 9.7 percent, but still above prepandemic levels. More concerning is the very low level of labor force participation. According to data from the New York State Department of Labor, this is the lowest level for August since 2003. And this makes the unemployment rate seem more favorable than it really is,since people out of the labor force are not counted among the unemployed.August hourly earnings rose by 3.1 percent year-over in New York State. This varied across industry from a high of 6.8 percent in financial activities to—0.6 percent in trade,transportation, and utilities". BRUNSWICK APPRAISAL CORP. INTRODUCTION 10 REGIONAL DATA(continued) The major employment center within Southampton is Stony Brook Southampton (SUNY)Campus, which is located just east of Shinnecock Hills between Montauk Highway (State Route 27) and County Road 39. The Brookhaven National Laboratories, located in the eastern and central part of the Town of Brookhaven, employs approximately 3,200 persons, of which many live in the adjacent Township of Southampton. There are many local businesses and services that support the residential and seasonal communities. The metro is home to two major universities (SUNY Stony Brook and Hofstra), and a bevy of hospitals and research facilities such as Brookhaven National Laboratory and Cold Spring Harbor Laboratory. The largest health care system on Long Island is the Northwell Health network. Northwell is a nonprofit integrated healthcare network that is New York State's largest healthcare provider and private employer with more than 74,000 employees. The flagship hospitals of Northwell are North Shore University Hospital and Long Island Jewish Medical Center, both in Nassau County. Prior to 2015, the network was called North Shore-Long Island Jewish Health System. In 2019, Northwell had 23 hospitals and more than 700 outpatient facilities, as well as the Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, The Feinstein Institute for Medical Research, urgent care centers, kidney dialysis centers, acute inpatient rehabilitation, sub-acute rehabilitation and skilled-nursing facilities, a home care network, a hospice network, and other services. Educational, Medical and Cultural Facilities: One of Long Island's greatest assets is its educational resources. Its 19 degree granting colleges and universities, 6 two year or three-year colleges and 7 professional schools offer a broad business and industry-geared curriculum. This strong educational base has been a vital contributor to the diverse business,service-related, and technical operations of Long Island industry. In October of 1997,the North Shore Health System and Long Island Jewish Health System merged. Long Island's 18 hospitals contain approximately 20,000 beds and employ over 55,000. Although quite proximate to New York City, Nassau and Suffolk Counties are self-contained,self- sufficient with a full range of social,recreational,and cultural events to offer. The Nassau County Veterans Memorial Coliseum features sports and entertainment events,the Tilles Center at Long Island University and the Staller Center at SUNY Stony Brook has a full range of concerts that include international renowned artists. BRUNSWICK APPRAISAL CORP. INTRODUCTION 11 Housing Market-North Fork: As reported in the "Prudential Douglas Elliman Real Estate in the North Fork Market Matrix" Q2-2022",the median sales price for the residential housing market has increased by 14.6% from the prior year quarter and the average sales price decreasing by 18.3% over the same time period. Overall days on market increased by 17.7% compared to prior year quarter and listing inventory decreased by 0.6%. f • ! @ • Average Sales Price $1,170,514 19.8% $977,419 18.3'/6 $989,732 Median Sales Price $9cs,000 6.8% $847,713 14.696 S790,000 Number of Soles{cbsed) w ..... 157 M 37.7�'� 114....-10.3%) 175 Days on Market rrumL"List Wat 65 -13.3% 75 -17.7% — 79 Listing Discount mm Lust ListPeca 0.3% 3.9% 3.2% Listing Inventory 154 73.01/a 89 0.6110 155 Montbsofsupply 2.9 26.1% 2.3 7.4°ks 2.7 Average Soles Priceffm) $1,067,286 N/A NIA 9.3%) $997,001 Median Soles Pri-,a ftT xi — $875,000 _ N/A NIA 12.71a $776,500 Number of Safes ffm 271 N/A N/A -23.9'/o 356 Price trend indicators continued to press higher as sales slowed. Single family median sales price rose 133% number of months to sell all single family annually to S906,00Q, a new record. The listing inventory at the current sales rate,was median sales price was 511/c, above pre- 2.9 months,a brisk market pace and 64.2% pandemic levels. Single family sales fell faster than the decade average for the by 8% from the prior-year quarter to 149 second quarter.The market share of bidding as listing inventory surged 66.3% quarter wars rose to a near-record of45.89a.Condo s over quarter to 143. Despite the increase in median sales price nearly doubled year over supply,listing inventory was 67%below.pre- year to$a15,000 and was 4.71/a above pre- pandemic levels and vms roughly one-third pandemic levels. Condo sales declined by of the second quarter decade average of 38.5% from the prior-year quarter to 8 as 414. Kith the decline in sales and increase condo listing inventorysurged to 11 and 42.1% in listing inventory, months of supply, the below pre-pandemic levels. BRUNSWICK APPRAISAL CORP. INTRODUCTION 12 Costar Eastern Long Island Retail Market Trends Overview: Retail vacancies in Eastern Suffolk were roughly in line with the five-year average during the third quarter, and they were essentially unchanged from this time last year.The rate also comes in below the region's average. Meanwhile, rents have surged in the past 12 months, growing by 8.2%year over year. Although roughly 73,000 SF of retail space has delivered over the past three years, nothing is currently underway in Eastern Suffolk. Eastern Suffolk is a very liquid investment market, characterized by heavy trading, and that remained the case in the past year. Compared to the overall Long Island area, market pricing sits at$411/SF,which is well above the region's average pricing. Rent: Retail space in the Eastern Suffolk Submarket commands a high price point, even relative to the structurally pricey Long Island metro. Asking rents in the submarket run for about $45.00/SF triple net on average, well above the $33.00/SF norm metro wide. Rents grew at an impressive rate of 8.2%over the past 12 months. This growth rate was close to the highest annualized rate in the past three years. Over a longer horizon, Eastern Suffolk has enjoyed a remarkable stretch of rent growth. Retail rents today are 59.3% higher than they were 10 years ago. That's ahead of the long-term performance in the metro, where rents cumulatively increased by 27.2%over the past decade. Sales: Investors have been especially active in the capital markets in Eastern Suffolk, making it one of the most heavily traded submarkets in the region over the past several years. Historical trading trends have largely held true in the past 12 months. Annual sales volume has averaged $149 million over the past five years, including a 12-month high of$353 million over that stretch. The recorded transaction volume here reached $242 million in the past year. The general retail sector drove that volume. Market pricing, based on the estimated price movement of all properties in the submarket, sat at$411/SF during the third quarter of 2022.That market price is up compared to the third quarter from last year,and the price itself sits well ahead of the average pricingforthe Long Island region. The market cap rate has shrunk since last year to 5.9%.That is the lowest cap rate in the past five years,which is a tighter yield than the overall region. BRUNSWICK APPRAISAL CORP. INTRODUCTION 13 Town of Southold The Town of Southold is the second smallest(53.78 square miles) in area after the Town of Shelter Island,which is 12.1 square miles of the five eastern towns in Suffolk County. Southold occupies the north division of the eastern end of Long Island from the Riverhead boundary to Orient Point, a distance of twenty-three(23)miles and spans between the Great and Little Peconic Bays on the south and by the Long Island Sound on the north. The Town is comprised of one incorporated village (Greenport) and 9 census designated places (hamlets), which, for the most part, have zip code definitions and their corresponding boundaries. 'The Town has a population of 22,170 people as of 7/1/2019 and is comprised of 9,574 households having a population density of 408 persons per square mile,which makes it one of the least densely populated of all the eastern Suffolk towns. The major business center within Southold is Greenport. Agriculture remains the main source of income from farms, vineyards and nurseries. In addition, there is a significant tourist industry. Southold is served by the Main Line Branch of the Long Island Railroad that terminates in Greenport. East of the Long Island Expressway terminus,the major east/west arterial highways serving the North Fork are Main Road, Old Country Road and Sound Avenue. There is ferry service for both people and vehicles from Orient Point in the Town of Southold across Long Island to New London, Connecticut. Connecting ferries between the north and south forks of Long Island are also available via Shelter Island from North Haven in the Town of Southampton and from Greenport in the Town of Southold. The Town of Southold is particularly known for its outstanding beaches and recreational facilities due to its coastal location. The waters and beaches of the Long Island Sound and Peconic and Gardiner's Bays,together with the multitude of creeks that enter the bay on the south shore of the town have provided opportunities for all types of water and nature activities. There are numerous town, and state parks, of which Orient Beach State Park is the largest. There are marinas and supporting accommodations and dining throughout the North Fork. Over the past twenty years,the North Fork has become an enormous tourism attraction due to the wine industry that has multiplied in the area with currently thirty vineyards in the area. BRUNSWICK APPRAISAL CORP. INTRODUCTION 14 Immediate Neighborhood-Mattituck The subject property is located in the hamlet of Mattituck which is situated in the westerly portion of the Town of Southold. More specifically,the parcel is situated northerly side of Sound Avenue approximately 290 feet west of Westphalia Road. Peconic is bound on the west by Laurel,on the north by Long Island Sound,on the east by Cutchogue and on the south by Great Peconic Bay. Mattituck is 9.0 square miles having a population of 4,898 (2020) having a population density of 545.40 people per square mile and a median family income estimated as of 2020 of$91,040.4 The residents of Mattituck attend the Mattituck-Cutchogue School District. The immediate area of the subject property is developed with commercial and residential properties.The subject property is adjacent to the Long Island Railroad track. The Mattituck LIRR train station is situated just east of the subject property at the southeast corner of Pike Street and Westphalia Road. The main business center in Mattituck is located along Sound Avenue and Main Road. Additional commercial enterprises are found along Middle Road (C.R. 48). Private beaches and water related recreational facilities are found throughout the community of Mattituck. The resale market in the neighborhood ranges from approximately$450,000±to over$4,000,000±for new construction and homes located on or near the water. S�ie`C3lziej?Pats j f'1:' a . attituckCutc6ogueg y A :` ':`M a Jr Sr High School JSP�BryKesaga,I c .:htathtlick,€�ai!i•, ,octi I ,.1 e :s MKf4�tat Gareof -Cha'66d of No Fork^ i` "; `. tataftiluck(h9ichae3 r"° ..✓✓'jI�✓' `.'^\ „� :� Lofe.LaneKiic6'en AMa'ric1. ,'' 'OurtadyyafGood 1: %' C ou nse.Church l ' ` E'ot k,t t xur^ P.Eait iuFkQi" Y a6' Z North i states at Royalton Transpa :.,1 '}26SSSoufi(Ave, N uttotkAve .RAattitueSy'A '- 1 - '\� .,: a• - ....;, y yC. ttbv.Sidtotk'Ava` a -. ' �StrawherryFields\ SUBJECT' tit tg Room l^ If J ?i iq Gra u •:\• .-«�tSSA Ad � u�dpvc.^, r, TheSc'Rifist� � '� I �.., So �, ^Gentat,Matiiwck��� � i! '` ry=_ mercy-Nr�{" S F " "�• f{p Pb t Kathryn Hunt Studio 5 Center;C is Ttiva s Star tvtaglcFountaln /..j',•\ pn, ;L::• - 3. �'i le https://censusreporter.org/profiles/16000US3646140-ma ttituck-ny/ BRUNSWICK APPRAISAL CORP. INTRODUCTION 15 SITE DESCRIPTION Location: The subject property is situated on the northerly side of Sound Avenue approximately 290 feet west of Westphalia Road in the hamlet of Mattituck, Town of Southold, County of Suffolk, New York. Size and Shape: The subject property is triangular in shape having approximately 140 feet of frontage along Sound Avenue and approximately 160 feet of frontage along the Long Island Railroad tracks. The lot contains a land area of 0.14 acres or 6,098 square feet. Soil Condition and Topography: Topographically, the parcel is level and wooded. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: No other easements or encroachments were uncovered. Utilities: Utilities are available at the site. Street maintenance, police are provided by the Town of Southold and fire protection area is provided by Mattituck fire department. Gas and electric are provided by PSEG and National Grid. Ingress and Egress: Access to the property is from Sound Avenue Flood Zone: The subject property does not appear to be within 500-ft of a flood hazard. The subject property lies in the X-flood zone is an area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map # 36103CO481H dated 09/25/09. BRUNSWICK APPRAISAL CORP. INTRODUCTION 16 SUBJECT PROPERTY PHOTOGRAPHS 44, kx r �{ �, Y`M 4 •�` f MK- +y Y ,y Facing northwest at the subject property � I $° „+Y. ��� A �`t. Ste` . •}�� S Facing east on Sound Avenue BRUNSWICK APPRAISAL CORP. INTRODUCTION 17 REAL ESTATE ASSESSED VALUATION AND TAX DATA 2021/2022 Property or ad valorem taxes are one of the primary revenue sources of municipalities. Based on the concept that the tax burden should be distributed in proportion to the value of all properties within a taxing jurisdiction a system of assessments is established by the local assessor. Theoretically the assessed value placed on each parcel bears a definite relationship to market value so that properties of equal market values will have similar assessments and properties of higher and lower values will have proportionately larger and smaller assessments. The subject property is under the jurisdiction of the Tax Assessor's Office of the Town of Southold, legally identified on the Suffolk County Real Property Tax Maps as: District 1000 Section 141 Block 4 Lot 10 Tax Map I.D.# Assessed Assessed Tax Value Value True Taxes Rate Land Total (Per 1,000) 1000-141-4-10 2,00 200 $298.13 1490.725 The subject property is located within the Mattituck-Cutchogue School District. f- � r.e r•>5i 4.,. ;� fr"sf. P i.l°^.�i yti` .3• �~ `J •t{ h: r4' .,"".;':,'��.-'�; '�i ° - �rr ray'-;.r a .,,,/ `• i.- f� .` •'pro °�`t � ., ;;.i"` �•5. � :t i•L s".`.«: ./J=,:"�Y. 11"ice 'R. }t`.lt � ;1 �y Jf mow'` tl - BRUNSWICK APPRAISAL CORP. INTRODUCTION 18 ZONING The subject property is situated in the Hamlet Business (HB) zoning district of the Town of Southold. Accordingto the Code of The Town of Southold,the HB district may be developed with a minimum lot area of 20,000 square feet. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. Permitted uses include single family homes, two-family homes, municipal buildings such as town schools and park districts, banks and financial institutions and retail spaces. The bulk regulations for the HB district are provided below: Maximum Height: 35 feet or 2 stories Lot Area (Minimum): 20,000 square feet Maximum total building area (%of lot) 40% Minimum Lot Width: 60 feet Minimum Lot Depth: 100 feet Minimum Front Yard: 15 feet Minimum Side Yard (width in feet): 10feet Both Side Yards: 25 feet Minimum Rear Yard: 25 feet Applicability of Subject Property:The subject property is triangular in shape containing a land area of 0.14 acres or 6,098 square feet having approximately 140 feet of frontage along Sound Avenue. The lot is in single and separate ownership and considered to be nonconforming to the minimum lot size of the HB zoning district. Discussions with the Town of Southold planning department indicated that the lot is able to be developed. Furthermore,any proposed development other than a single-family residence would require site plan approval from the Town of Southold Planning Board. BRUNSWICK APPRAISAL CORP. INTRODUCTION 19 HIGHEST AND BEST USE The highest and best use analysis and conclusions for a particular property provide the basis upon which the estimation of market value is predicated. The purpose of the highest and best use analysis is to identify the use of a property that is expected to produce the highest overall return and to identify comparable properties in estimating value. According to the Appraisal Institute, highest and best use is defined as: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible,appropriately supported,financially feasible,and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility,financial feasibility and maximum profitability."5 Physically Possible: The initial test of highest and best use considers the size,shape, area and terrain or topography of a parcel of land that can affect the use of that parcel. The test also takes into account utility of the parcel based on frontage and depth measurements. Legally Permissible: The second test or criteria of highest and best use considers what uses are permissible legally. This relates to designated zoning, bulk regulations, restrictions applicable to a lease, environmental regulations, easements, or other restrictions. Financially Feasible: The financial feasibility criteria refer to that use among the physically possible and legally permissible uses that are likely to produce a positive return to the owner. Maximally Productive: The fourth and final test of highest and best use is which of the financially feasible uses provides the highest net return to the investor. In determining the highest and best use of the subject properties,we have examined the above four criteria of highest and best use,for the subject property. 5 The Appraisal Institute,The Dictionary of Real Estate Appraisal,6t'Ed.,(Chicago,IL.The Appraisal Institute 2015),page 109 BRUNSWICK APPRAISAL CORP. VALUATION 20 Highest and Best Use,As Vacant Under this premise,the highest and best use for the subject is for its development in accordance with the zoning ordinance of the Town of Southold, as applied to the subject property. The highest and best use as vacant must meet the four criteria. Physically Possible: The parcel is situated on the northerly side of Sound Avenue approximately 290 feet west of Westphalia Road in the hamlet of Mattituck, Town of Southold, New York. The site is triangular in shape having approximately 140 feet of frontage along Sound Avenue and contain a land area of 0.14 acres or 6,098 square feet. No determination was made as to the sub- soil conditions by Brunswick Appraisal Corp. Legally Permissible: The subject property is situated in the Hamlet Business(HB)zoning district of the Town of Southold. According to the Code of The Town of Southold,the HB district may be developed with a minimum lot area of 20,000 square feet. Permitted uses include single family homes, two-family homes, municipal buildings such as town schools and park districts, banks and financial institutions and retail spaces. As discussed in the zoning section of this report, any proposed development,other than a single- family residence would require site plan approval from the Town of Southold Planning Board. Financially Feasible:To determine the financial feasibility of the subject property the principles of a) supply and demand,b)substitution,and c)balance are addressed. Based upon the physical possible and legally permissible considerations and on the zoning restrictions and the restrictions that may ultimately be imposed by any involved agencies, such as the Suffolk County Department of Health Services and the New York State Department of Environmental Conservation, it appears that financially feasible uses include a single-family dwelling or a commercial development requiring a site plan approval. Maximally Productive: The uses that are maximally productive are those uses that are physically possible, legally permissible and financially feasible,that return the greatest profit over the longest time to the land. The greatest return on investment comes from selecting an improvement that will provide the highest return. Given the small size of the parcel and the location adjacent to the railroad tracks and surrounding commercial/industrial uses, it appears that a commercial use would likely be the maximum productive use of the parcel. BRUNSWICK APPRAISAL CORP. VALUATION 21 APPRAISAL PROCESS Through neighborhood and market analysis, site, zoning and highest and best use analysis, the appraiser sets the necessary foundation to proceed to the next phase in the appraisal process valuation.There are three basic approaches available to the appraiser to estimate value: The Cost Approach,the Sales Comparison or Market Data Approach,and the Income Capitalization Approach. The Cost Approach requires the appraiser to first estimate site value as vacant and available for development to its highest and best use. Depreciated reproduction or replacement cost-new of the improvements is then added along with entrepreneurial or developer's profit to indicate a value estimate. In the Sales Comparison Approach,market value is estimated by comparing the subject property to sales of similar properties. This approach is based on the principle of substitution and contribution that states that a knowledgeable investor will pay no more for a property than would be paid for a comparable substitute property. The Income Capitalization Approach typically bases value on a direct or yield capitalization of income production. Income may be based on contract rent, market rent or a combination of both depending upon investment requirements, lease contracts and reversionary expectations. The Reconciliation Process is the final step in the appraisal process in which the appraiser evaluates the quality and quantity of the data utilized within each approach and weighs the applicability of each approach to the appraisal problem. Through the reconciliation process, the strengths and weaknesses of each approach are addressed,enabling the appraiser to form a final value conclusion based upon the most applicable and most appropriate approach. Applicability to the Subject Property: In arriving at a market value of the subject property vacant parcel, the Sales Comparison Approach method of the site valuation is the most appropriate method in arriving at a market value for the subject property. Given the highest and best use of the subject parcel, we have utilized sales of commercially zoned parcels to arrive at a value for the subject property. The Cost Approach and Income Capitalization Approach is not developed as the property is vacant and the methods are not considered relevant or appropriate in the market value analysis. BRUNSWICK APPRAISAL CORP. VALUATION 22 SITE VALUATION The concept of highest and best use is fundamental to land or site valuation. The site must be valued as vacant for development to its highest and best use as determined in the highest and best use analysis. Determination of this aids the appraiser in the selection of appropriate comparable land sales, which provide a basis for land value. There are several methods available to the appraiser to estimate site value: sales comparison, allocation,extraction,sub-division development analysis, land residual technique,or ground rent capitalization. All six methods are derived from the three approaches to value. In analyzing the site value of the subject property,the sales comparison or market data approach is the most preferred and most commonly used method. It is only when adequate, recent data does not exist that the appraiser selects an alternate method. Due to the quality and quantity of sales found in the marketplace,we have relied on the market approach method of valuation to value the subject property commercially zoned vacant land. The final value estimate via the Sales Comparison Approach is analyzed on one of the various indices. This unit value selected is the price per square foot as it best reflects the indices typically used by sellers and purchasers similar to the subject property. The Sales Comparison or Market Approach reflects an estimate of value as indicated by the actual sales market. Under this approach, the appraiser researches the local sales market for transactions of similar type properties. These sales are analyzed for comparative indices of value, such as price per acre or square foot, price per square foot of building area, price per FAR, gross rent multipliers, overall capitalization rate, interest, etc. In developing a value for the subject site, we relied on the Sales Comparison Approach to establish a market value for the subject vacant parcels After all the data has been gathered, the sales information is logically placed on a sales adjustment grid. This type of procedure allows the appraiser to compare such items as time, location, size and shape, condition, zoning, etc., from the comparable sales to the subject property. The subject property is the constant and the sales are adjusted to that property. The process develops an indication of what the comparable sales would have sold for if they had possessed all of the basic and pertinent physical and economic characteristics of the subject property. Each adjustment is supported by factual data to enhance the validity of the adjustment. The final value estimate via the Market Approach is analyzed on one of the various indices. We have utilized the unit value of price per square foot. This unit value is then multiplied by the site area to arrive at a total value. We uncovered three (3) commercially zoned sales in the Town of Southold and one (1) commercially zoned sale in the Town of Riverhead. The sales are found on the following pages. BRUNSWICK APPRAISAL CORP. VALUATION 23 SALES LOCATION MAP Ai, Ecw w, 1% Ilk e' $Uff)k� N Nog"-lk" IZ l6rel E#4 Links rz SAL 'h 4� Zltk -j ........... BRUNSWICK APPRAISAL CORP. VALUATION 24 COMPARABLE VACANT LOT SALE#1 lu 3 9 Address: 705 County Route 48 Mattituck, New York 11952 Tax Map#: District 1000 Section 113 Block 12 Lot 13 Grantor: Mariano Fusaro et al Grantee: Ulster Farms LLC Date of Sale: 1/19/2022 Recorded Date: 3/28/2022 Liber/Page: 13149/30 Consideration: $899,000 Plot Size: 2.76 acres or 111,513 square feet Zoning: Limited Business Verified: Public Records Price Per Square Foot: $8.06 Remarks: This is the sale of a wooded commercially zoned lot situated on the northerly side of CR 48 approximately 580 feet east of Cox Neck Road.The lot has approximately 300 feet of road frontage. On 5/17/2022, the purchaser has submitted a site plan application to develop the site with a nursery. BRUNSWICK APPRAISAL CORP. VALUATION 25 COMPARABLE VACANT LOT SALE#1 a r �S*„u k i F L ��M .,.F •: ty � Y��� 'M as BRUNSWICK APPRAISAL CORP. VALUATION 26 COMPARABLE VACANT LOT SALE#2 F r u t hP: 4 x a. t s • Address: 41625 Main Road Peconic, New York 11958 Tax Map#: District 1000 Section 75 Block 5 Lot 12 Grantor: Charles Slama Grantee: Little Beerp LLC Date of Sale: 2/16/2021 Recorded Date: 3/22/2021 Liber/Page: 13096/263 Consideration: $339,000 Plot Size: 0.77 acres or 27,443 square feet Zoning: General Business (B) Verified: Public Records Price Per Square Foot: $12.35 Remarks: This is the sale of a wooded commercially zoned lot situated on the northwesterly side of Main Road. The lot has approximately 120 feet of road frontage. On 6/9/2021, the purchaser has submitted a site plan application to develop the site with warehouse. BRUNSWICK APPRAISAL CORP. VALUATION 27 COMPARABLE VACANT LOT SALE #2 AL r � , BRUNSWICK APPRAISAL CORP. VALUATION 28 COMPARABLE VACANT LOT SALE#3 r Address: 53530 Main Road Southold, New York 11971 Tax Map#: District 1000 Section 61 Block 4 Lot 1 Grantor: Barkoff Properties, LLC Grantee: Hard Corner Properties LLC Date of Sale: 2/16/2018 Recorded Date: 4/6/2018 Liber/Page: 12958/807 Consideration: $575,000 Plot Size: 2.25 acres 95,832 square feet Zoning: Hamlet Business Verified: Public Records Price Per Square Foot: $6.00 Remarks: This is the sale of a wooded commercially zoned lot situated at the southeast corner Main Road and Wells Road.The lot has 147.51 feet of frontage along Main Road and 671.78 feet of frontage along Wells Road. The purchaser has submitted a site plan application for a mixed-use development consisting of a 2-story 4,983 sq. ft. building. BRUNSWICK APPRAISAL CORP. VALUATION 29 COMPARABLE VACANT LOT SALE#3 46 e t y{ J,• BRUNSWICK APPRAISAL CORP. VALUATION 30 COMPARABLE VACANT LOT SALE#4 J, nt a +n t,A xo v Address: 206 Edgar Avenue Southold, New York 11971 Tax Map#: District 600 Section 85 Block 3 Lot 79.1 Grantor: Marcia Rambo Grantee: Lamendola Date of Sale: 4/12/2021 Recorded Date: 12/10/2021 Liber/Page: Not available at the time of writing this report Consideration: $201,250 Plot Size: 0.40 acres 17,424 square feet Zoning: Hamlet Center Verified: Maida Srdanovic, listing agent with Compass Greater NY LLC and Public Records Price Per Square Foot: $11.53 Remarks: This is the sale of a wooded commercially zoned lot situated east side of Edgar Avenue just south of Main Street. The lot is adjacent to commercial property and across from the Aquebogue elementary school. Edgar Avenue is a cut-through double yellow lined residential roadway. BRUNSWICK APPRAISAL CORP. VALUATION 31 COMPARABLE VACANT LOT SALE#4 PL3 Ile ! S BRUNSWICK APPRAISAL CORP. VALUATION 32 Sales Comparison Approach Adjustment Grid 'COMMERCIAI'VACANT LAN 'Subject:...:•:.. Sale#i- , .; :;r: ,. •,Saie#2 ' : ':,' Sale#3,:• : .nSale#4 . Location 12655 Sound Ave 705 CR 48 41625 Main Rd 53530 Main Rd 206 EdarAve _.._ .............-_...._............. -._,.l - -_.... ._....._�.._ ._...........__..._._..- ..._.. _ �..... ........._.._..._._._._....._...._._._ Hamlet Mattituck E Mattituck Peconic Southold Aquebogue Township Southold i Southold Southold Southold Riverhead Dist/Sect/BI/Lot: 1000-141-4-10 1000-113-12-13 1000-75-5-12 1000-61-4-1 600-85-3-79.1 • Date ofSale 9/23/2022 ; 1/21/22 2/16/21 I 2/16/18 12/10/21 Zoning i Hamlet Bus Limited B j General Bus Hamlet Bus Hamlet Center _....._............__...__.................... _.. _..........._...,_... '.. ....-...... __.......-._._._ _.......,..._....._.__._...,-....._........._,,......,._...-..............._,._.-...-................................ ; ..._..._........_,.._-._...__.._.. - ....__.. Plot Size(Sq.Ft.) 6,098 111,513 t 27,443 95,832 17,450 ---_._Size._.-q.-----.__._-- 8 Shape Triangular I Regular ? Regular Regular Regular i., i Corner/interiorLocation� Interior Interior Interior Corner Interior Consideration ; $899,000 $339,000 ? $575,000 --- TV-~--~-$201,250 Price/Sq.Ft. $8.06 ! $12.35 $6.00 $11.53 s 1, ioid`1ustments'o ' - Conditions of Sale 0% 0% 1 0% 0% Adjusted Price perS.F. i $8.06 $12.35 $6 00 $11.53 Time Adjustment 3.5% 8.0% 23.0% 4.00% Adj.Price perS.F. $8.34 $13.34 $7.38 $11.99 Location i 0% _...... , ...,.., _............. ......................._. Plot Size(Sq.Ft.) 25% 15% ) 25% 10% Zoning 0% 0% 0% 0% Shape -.. . _.......... _._. .. -5% ` :5%._.......... . .._._ 'S%........_... _.... 'S% ....,_,_..._....._o._............. Corner/Interior Location 0% 0% -5% 0% Marketability 0% 0% 0% 0% ---.-----_-.---_-_- _.._-.,__-.-----------.-.- ----.---____ Net Adjustments j 20% 10% 15% 15% F_.._...-.........._.._..._._........... _.._.__.s,-.__......_____... _---._.__..._.._...._...___.__..._.... Adjusted $1000 $14.70 ..._._._-_._...._._.._...-._............. juste Value . _... L..._................__......._........_....,_.,......i.. . ...,., _,..,_-._,_.._....._,_..._-.......-__.--._............_........... ...,....,._...-.;_..........._..,..,._ $8.50 -.._,._.._......._......,,....,._.....$13.80._...._,.... ._..,. Rounded $10.00 $15.00 j $9.00 ! $14.00 BRUNSWICK APPRAISAL CORP. VALUATION 33 EXPLANATION OF ADJUSTMENTS We have considered the following categories of adjustments: property rights conveyed, financing, conditions of sale, time (market conditions), location, size, zoning, shape and corner influence. Property Rights Conveyed: All sales represented the transfer of the fee simple estate unencumbered by any other interest or estate and similar to the subject property. Therefore, no adjustment was necessary under this category. Financing: All of the comparable sales presented either were all cash transactions or typically financed,therefore no adjustment was necessary to reflect cash equivalency. Conditions of Sale: Adjustments for conditions of sale reflect the motivations of the buyer and the seller. Each sale was an arm's length transaction the comparable and the subject are similar in this regard. Market Conditions(Time): Our search uncovered four sales which occurred from February 2018 to January 2022. We were unable to uncover a sale and re-sale in the marketplace in order to extract a time adjustment. Based on market studies published by the "Prudential Douglas Elliman Real Estate in the North Fork Market Matrix" Q2-2022 and the CoStar Eastern Long Island retail market report found on pages 11 and 12 of this report, we have applied upward adjustments of 5% per annum from 2018 to the effective date of this appraisal. BRUNSWICK APPRAISAL CORP. VALUATION 34 EXPANAITION OF ADJUSTMENTS Location: The subject property is situated on the northerly side of Sound Avenue approximately 290 feet west of Westphalia Road in the hamlet of Mattituck. Sound Avenue is a busy commercial roadway at the subject's location developed with primarily commercial properties. The subject is also located just east of the Mattituck Long Island Railroad train station. Sale Nos. 1, 2 and 3 are located in the hamlets of Mattituck, Peconic and Southold along busy commercial roadways. These locations are considered sufficiently similar compared to that of the subject property and no adjustments are required. Sale No. 4 is located on Edgar Avenue just south of Main Street in the hamlet of Riverhead which is a less travelled roadway. Edgar Avenue is primarily developed with residential properties and is considered an inferior location compared to the subject location and an upward adjustment is applied. Plot Size: The adjustment for size involves an analysis of the inverse proportion between overall area, or size, and the unit value, based on the proposition established in the real estate market wherein, generally, other factors being equal, the larger the property size, the lower the unit price, or value and vice versa. The size adjustment is applied to reflect the Economy of Scale Theory. The subject lot contains 6,098 square feet. The sales range in size from 17,450 square feet to 111,513 square feet. In the commercial marketplace, a lot could be too small to develop with the necessary setbacks and parking requirements. Often a lot that is substandard in size would appeal to an adjacent or nearby user for additional parking or accessory use. All of the comparable sales are larger in size compared to the subject and while the size would have greater flexibility of use compared to the subject,upward adjustments are applied to reflect the Economy of Scale rule. Zoning: The hamlet business zoning district permits a variety of commercial uses and a single- family dwelling. The zoning districts in which the comparable sales are located also have sufficiently similar permitted uses with bulk regulations uniform with the required minimum lot sizes of the differing zoning districts. No further adjustment is considered warranted. Shape: The subject property is triangular in shape which could affect the overall utility of a development. All of the comparable sales are regular shaped lots and downward adjustments are warranted. Corner/Interior Location: The subject property and Sale Nos. 1, 2 and 4 are interior locations. A corner location has greater visibility and access. Sale No. 3 is a corner location, and a downward adjustment is applied for this factor. Marketability: The adjustment under this category reflects other adjustments that may be recognized by a prospective purchaser as having an impact on value that is not itemized in the aforementioned categories. No adjustments are necessary for this category. BRUNSWICK APPRAISAL CORP. VALUATION 35 Market Value Conclusion We selected four (4) comparable commercially zoned lot sales that are located in the hamlets of Mattituck,Peconic,Southold and Aquebogue. The unadjusted sale prices range was from$6.00 per square foot to$12.35 per square foot. After applying adjustments for the differences,the adjusted sale prices range from $9.00 per square foot (rounded)to $15.00 per square foot(rounded). We have considering the above analysis and it is our opinion that as of September 23, 2022,the value of price per square foot value selected is$13.00 per square foot 6,098 square feet x$13.00 per square foot= $79,274 Or; $80,000 BRUNSWICK APPRAISAL CORP. ADDENDA 36 Table of Contents Page Subject Property Deed 37 Certification 39 Qualifications 40 BRUNSWICK APPRAISAL CORP. ADDENDA 38 ' -11897H228 39080 RECORDED � f�CEfiJ�A 9�JE7tt-4 Am 9t 3$ f:wrheruitvars FRHEA ESTATB TORRVAS JUN -4 19" I LFM Ul: SUFFOU.GOU14TY Sesi91 it . TMISFEA TAX Ccctiac�teiP SUFFOLK GOIINT1f nterCtf. 39080 Deod j MorIpSe lmzt wr=t Deed t Mwim T*g$u mp 9lacsdiug(fiGug SwmTs a FM Pw IMEq Feo �.�� MortSego Atat, 17an4rmg ._ 1,8ndc Tax TP-584 --'---X_ 2.AddWa ntTnx Noun Sub Tatar LA.$217t Syr _. swzat� .— SpoclAstt, Ell-52I7(Stat4J orSpa.lAdd. R.P.T_5.A. f TOT.MMTAX Ccmm.of Fd 5.C4 ¢ VwJ Town Dust County Hctd for Ap feu tt mncaa TmedlcrTax Cr+titi d CoPY hlAnfi+ Taa Tba arty can e W by tdis moripVc is or Reg_COPY will be improved by a one er two fimily Sub Total ��.— dweffingomly. RAND TOTAL If NO.we ippmprWs ` tug clause on pia d�y, of thistssnwen. 3' d�:�, RaelProper(y7axSenlaeAc;Ycriffeax3oa ��I +;�1� 'IitIeCompartylrctortnation r Disl ex Section Block Lot S =.{f / '�1 /�I�CJJ 'Tfr.3 f�fQ Comjtnnyl�ame�r I_ TitlCNumbrr } t,A t`e G' �`� v�,� 8� FEE PAID BY: of I� 5 1""+ L ! a'k 4 Cash Chuck Chafe ? Payer s nt w R&R pj �4 r eft ,�/ t`}ram-- {orifdrfiereot) T3AlNE: ADDRESS: RECORD'&c TtET'URN TO 7 (ADDRESS) s S1uffoIk Count Recording& Endorsement Page This pw forms part of the atmand / i r d made 6,r. _1Y Q 34 f (SPECIFY TYPne ssCs hcrcirtMla'� t� MO SC FMI.K COUNTY.NEW YORK. In the7bwv+4ttip of {' j KZ If3tJ�L 7 BOXES 5 THRU 9 MUST BI!,TYPED OR PRIMED III BLACK INK ONLY PRIOR TO RECORDIISTG OR FILIM, aaj� BRUNSWICK APPRAISAL CORP. CERTIFICATION 39 1 certify that,to the best of my knowledge and belief... • The statements of fact contained in this entire report are true and correct. • The reported analyses,opinions and conclusions are limited only by the reported assumptions and limiting conditions,and is my personal,impartial and unbiased professional analyses,opinions and conclusions. • 1 have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • 1 have performed no services, as an appraiser or in any other capacity regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion,the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. is not contingent on an action or event resulting from the analyses, opinions,or conclusions in or the use of this report. • My analysis, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Practice. • Elinor Brunswick,MAI has made a personal inspection of the property that is the subject of this report. • The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • As of the date of this report, Elinor Brunswick, MAI has completed the continuing education program for Designated Members of the Appraisal Institute. 9-29-2022 ELINOR BRUNSWICK, MAI DATE BRUNSWICK APPRAISAL CORP. QUALIFICATIONS OF THE APPRAISER 40 ELINOR BRUNSWICK,MAI PROFESSIONAL EXPERIENCE 2005 - Present President of Brunswick Appraisal Corp. 1997-2005: President, Brunswick Real Estate Appraisal Corp. 1993-1997: Vice President,Appraisers& Planners, Inc. 1985 - 1993: Partner for Brunswick Appraisal Corp. EDUCATION Northwestern University- 1970-1971 Indiana University - Bachelor's Degree, 1975 Adelphi University - Master's Degree, 1978 LICENSES State of New York Certified General Appraiser's License#46000008913 CERTIFICATES Valuation of Conservation Easements Certificate Program, 2008 PROFESSIONAL AFFILIATIONS Co-Chairwoman of Seminars,Appraisal Institute, Long Island Chapter 2014 Regional Representative, Metropolitan Chapter of the Appraisal Institute, 2004 to 2010. Director, Metropolitan Chapter of the Appraisal Institute 1998-2003 Membership Retention Chairperson, Metropolitan Chapter of the Appraisal Institute General Admissions Chairperson-Appraisal Institute Chapter#4, 1998-2001 Member-Appraisal Institute, Member#11,328 Member-Association of Real Estate Women, 1998, 1999 Member- New York Condemnation Conference, 1998 Past President 1994-Affiliates' Organization of the New York Chapter EXPERT TESTIMONY United States Bankruptcy Court New York State Court of Claims New York State Supreme Court, Manhattan, Nassau and Suffolk Various Town and Village Zoning Boards on Long Island PROFESSIONAL PRESENTATIONS Panelist for the continuing education on behalf of the Suffolk County Bar Association and the Long Island Chapter of the Appraisal Institute,June 2021 APPRAISAL EXPERIENCE I have been actively engaged in the Real Estate Valuation Business for over thirty years appraising residential and commercial properties primarily in Long Island, Manhattan and the New York metropolitan area. BRUNSWICK APPRAISAL CORP. QUALIFICATIONS OF THE APPRAISER 41 LAW FIRMS Baer,Marks&Upham Baugher,Matter&Sheton Bennett,Pape,Rice and Shure Berkman, Henoch,Peterson, Peddy&Fenchel, P.C. Berger,Stern&Webb, LLC Bivona,John C.,Esq. Cahn,Richard C., Esq Carman,Callahan,&Ingham Cohn,Steinberg Goldstein&Early-Hubelbank PLLC Corletto&Associates,P.C, Corwin&Matthews Charles R.Cuddy Dorsey-Whitman,LLP Drescher and Cheslow Esseks,Hefter&Angel Farrell Fritz,P.C. Fishel&Bowers Flower,Medalie&Markowitz Fufidio,Michael M.,Esq. Goldstein&Rubinton Samuel Goldstein&Sons Hahn,Lawrence H. Hofheimer,Gartlir,Gottlieb&Gross Holtmann,Wise&Shepard Humes&Wagner Ingerman,Smith,Greenberg&Gross Koeppel,Martone,Leistman&Herman Lazer,Aptheker,Feldman, Rosella&Yedid,LLP Levenbron,Stern&Nadjari Margolin,James, Esq. McLaughlin&Stern,LLP Mulholland&Knapp,LLP Murphy& Lynch P.C. Long,Tuminello,Basso,Seligman,Quinlan&Werner Donald Novick, Esq. Rathkopf&Rathkopf Reilly,Like&Tenety Rivkin Radler Salamon,Gruber, Newman,Blaymore&Rothschild Sanders&Solomon Siben&Siben Siegel,Chalif&Winn Rosenman,Colin, Freund,Lewis&Cohen Suozzi, English&Cianciulli, P.C. Turtlebaum,Seldon J.,Esq. BRUNSWICK APPRAISAL CORP. QUALIFICATIONS OF THE APPRAISER 42 CLIENTS Government Agencies United States Government -United States Department of Justice State of New York -New York State Department of Conservation County of Suffolk Town of Brookhaven Town of East Hampton Town of Huntington Town of Islip Town of Southampton Town of Southold Corporations and Institutions Allstate Insurance Co. Arrow Electronics Bank of China Mobil Oil Corporation Chevron Oil Company Sun Oil Company Shell Oil Company Exxon Corporation Texaco Incorporated Getty Oil Company American Oil Company California Petroleum Distributers,Inc. International Telephone and Telegraph Corporation UniRoyal Fairchild Camera and Instrument Corporation Air Wick Industries,Incorporated Gerber Foods Kentucky Fried Chicken Kraft Foods McDonald's Restaurants Burger King Corporation Chase Manhattan Bank, N.A. Chemical Bank Fidelity National Title Company Flushing Federal Savings&Loan Ford Motor Corporation Harris Trust and Savings Heritage Federal Savings and Loan Long Island Trust Company Long Island University Midlantic Home Mortgage Corp. National Westminster Bank USA New York Institute of Technology BRUNSWICK APPRAISAL CORP. QUALIFICATIONS OF THE APPRAISER 43 CLI ENTS Equitable Life Assurance Society Geico Hartford Accident and Indemnity Company American Title Company Chicago Title Company Commonwealth Land Title Insurance Company TD Bank Ticor Title Guarantee Company Alcoa Gardner-Denver Company 3M Company Sperry Rand Corporation International Business Machines Inc. (IBM) Economics Laboratory Cold Spring Harbor Laboratory North Shore University Hospital Genovese Drug Stores,Incorporated Bank of St. Louis Relocation Service Homequity Relocation,Incorporated Robert Chevrolet Luyster Chevrolet Country Lincoln-Mercury Sales&Service Coldwell Banker Relocation Genesis Relocation Lenders Showcase Prudential Relocation Management Relocation Resources The Travelers Relocation Company Merrill Lynch Realty Relocation Hicksville School District Plainview-Bethpage School District West Hempstead School District Star Enterprises United Way of Long Island Winthrop University Hospital Relocation Outsource, Inc. Foundation Funding Group, Inc. Nonprofit Conservation Organizations Open Space Institute North Shore Land Alliance Peconic Land Trust Sylvester Manor Educational Farm The Nature Conservancy BRUNSWICK APPRAISAL CORP. QUALIFICATIONS OF THE APPRAISER 44 �'.___�_ ..,_ .,..;.:i;wt ;•�. Y ____ _t^v _ '1Ck'�' _ W.���..Y___� —c_�.„ _ `.f`z-4TY—�T'}F -�.a' . ..;. ,'... ,.'•' R..z.� .„o;`:,;i,��, :�.,�,:,..;i w'r^.;:;^;--'_:r.i"�.:� F{C Q'Id. iF.,: •t?NtQtSE,I,p,NUMRER -yt ,,„;„..:,;',�i•`,.,vrl'"�;,,fi;,,•e�o;',:8 :'•i;�:az` ,, !x :De aFirfert ' �r�4'•p::.,•. i;= t..-r �tr.:: :•;F.'.5�;` : �'eti%�".�./ 'V���---. DIVdSIQ1V�UF.IL,-EGENSTN`G4�SER:VIEE3;' _'•�^_ PUPSUAKM3d PC1J3 1E+39;;,a•a::AR.:I:�i:�Lst�F=� `„�Y�'��� s..vr—':��.(k ;'':�,u�'��:i< ��i«�3 �t{., L..e 11[ ..t¢`��a�t3 H,j`:5::'•±}P�u;,..,stir J,+r� .e�J;nlr i'it':'s,. u-ry :`tt `- - ,t. 4�t--�_,.-.,.7.�,•.,1;r-,:,- .S{I t l.,-t'."xs:j: +l s,;!•-: _ .-.. - -`.�51.,.a��i_,�J,���e.�•;l�-C,.:.���v�.`':;_" C'.t.�:=�.-'rR� - _ � -�infO:i- -`; ts, Lriq btdTG Att&SALxf!! {� 03':Iit !. _ :W.X t3TlI4FsM Rik ' ! A, � r ry n `^at:i,•,- k,� t .t._ni,fi?4;(?'''`':`?-;:`<',:p.' � tlY: 3t4� Gil =" �• : E. �":f'„„{..:wR.;:::�,•k.;;,,;•�',.';-.=w-, - _ „'lw'- - - 't•: ,tl�, ..7iI'-'a;ka`1;;:�=Yy;[-::...; ':ai{_L'[tev...,,t, r;lf":::},li[a>v,,,.#:,=;fs :,r IEEN BUL,Y �A'C£2r;7Ft�1SiiG'7? R_�: ,Cs��t�ECAI "a'�P,t?I��._S J. ilt{y. t:�in" ,ya• qt:>;3:;:f•,.�t'e;` •�,:��,`<+x; r� •!M,,Q ` .,_: t�fx't�'.f'„Stt• ",t" }•. .'FN,>' ^,:;a:'°rl'1': f5:'x;4t� +..i;°s;• :iY Y, ✓�`,f.-�+ . • ytd ,.t r"":.,c-, :�,.a`-'' ,a'a4�;;c,��x�.?�-a;.i�:';` .uf7sx''f�.'y': '..l �s ?'.x;:.;;'� ::a"'�...r•::' ^'v-x..;..,p.,„.prv.•;`r� °c,'s t: ;:�',i� `,;f�s�u �u:"i:< `;�. -,„q•r ',3 r`1:1.i^:'::'`% `'�C.S+;•. »-In 1YiIte88 WheM1'OY,'1718'U4y)�3t11itVtil 01,5LI0 hB8 G61i8etf%»,-. .`, U6Ca18CJ8ElO bo llCt4�ultfr aHixCC.•;f�,St'c`,:•:� " a`✓pt. - W, r^.f7Z3's_ } F S ",a� n^..' ___Ycrra':"-:�»_,_ �vi4,f�'._�,.. t,.�. —..-1_t3 •'n'=—_t�'�_-�:?reTc..._..,_,..., 1 BRUNSWICK APPRAISAL CORP. ADDENDA 37 b nTpxr W000 l WT 4&+ �SALX n THIS INDENTURE, made the 0?/A day of BETWEEN the COUNTY or SUFFOI X, a municipal, corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11902, party of the first part, and MANE COTUGtTO and JAMES KING, Joint Tenautc. with. Right of Survivorship, 220 East Mill Road, Mattituck, New York 11952, party of the second part, WXTNESSETH, that the party of the fizot part, pursuant to Resolution Numb>r 1099-1997 adopted by the Suffolk County � T,egirlaturo on December 18, 1997 and, thereafter, approved by 1 the County Executive on December 16, 1997, in consideration of l ton dollars and other valuable conoideration paid by the party a of the second part, does hereby grant and roleauo unto the i patty of the second part, the heirs or successors and a^.o$gns of the party of the second part forever, z -------- `^ ALL, that certain plot, piece or parcel of land with any { DT=ICT i buildings and improvements thereon erected, oitk3at:, lying and 1000 being,in the TowA of Southold, County of Suffolk and State of -------- Now York, described on the: Tax Map of the Suffolk County Real SECTION I Property Tax Sox-vice Agency as Diatrict 1000, Section 141.00, 141.00 E� Block 0:.00, Lot 010.000, and acquired by Tax Deed on May 31, 1995, from John C. Cochrane, the County Treasurer of Suffolk BLOCK E County, New York and recorded on June S, 1995, in Liber 11128, 04.00 E CP 335, and otherwise known as and by Town of Southold, N X --...... Pailroad E x Edchc Corp S x Sound Ave W x round Ave, LOT 010.000 'fO=11= with all right, title and interont, if any, of the -------- party of the first part of, in and to any streets and e"oadts abutting the above-described premises to the center lines er, Sp%hti thereof, i tf�11�ll�' €j TWETHER with the appurtenances an:; all the estate and V Illuuu rights of the party of the first part in arad to said premises; My �r' llf '1O 4UwVT' h20a 2'O HAY,U the premiaes herein granted unto the party of the second part, the heirs or auccesvora and assign$ fir eaf the party of the second part forever. SUBJECT to all covenants, restrictions and easements of a record, if any, AND the party of the first warty, Incompliance with Section € 3.3 of the Lien taw, hereby covenants that the party of the I first part will reactive the consideration for thiss conveyance and will hold the right to receive such eonsideratioa as a { trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same tirot to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. I THE WORD "PARTY" shall be construed as if it read 'parties" I whenever the sense of this indenture so regoirea. IN WITNESS WSEREOF, the party of the first part has duly executed this deed the day and year first above written. i COUNTY OF SUFFOLK, M-W YORK In Presence Of: DAVID P. PrSHBEIN, Director Division of Real Estate iDepartment of Law BRUNSWICK APPRAISAL CORP. BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.BOX 674 ROCKVILLE CENTRE,NEW YORK 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 E-mail:elinor@brunswickappraisal.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 September 29, 2022 John Burke, Esq.Town Attorney Daman Hagan, Esq.Assistant Town Attorney Town of Southold 54375 Main Street Southold, New York 11971 RE: 12655 Sound Avenue Mattituck, New York 11952 1000-86-1-3.1 Dear Messrs. Burke and Hagan, In accordance with your request, we have prepared an appraisal for the above captioned property, hereby referred to as the subject property. The report has been prepared as an appraisal report in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The subject property is identified on the Suffolk County Real Property Tax Map as D'i3trict 10U0 �e_cti.on 1_41 B1o_ck_4 Lot 1D-will-be-identified as the subject property throughout the remainder of this report. The subject property is situated northerly side of Sound Avenue approximately 290 feet west of Westphalia Road. The parcel is a vacant and triangular in shape containing a land area of 0.14 acres or 6,098 square feet. The lot has approximately 140 feet of frontage along Sound Avenue and approximately 160 feet of frontage along the Long Island Railroad tracks. It is in the Hamlet Business (HB) zoning district of the Town of Southold. i CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. CONTRACT OF SALE—RESIDENTIAL PROPERTY Contract of Sale made as of January_ , 2023 BETWEEN DIANE COTUGNO and JAMES KING,Joint Tenants with the Right of Survivorship, Address: 220 East Mill Road,Mattituck,New York 11952 hereinafter called"SELLER" and TOWN OF SOUTHOLD,a municipal corporation of the State of New York Address: 54375 Main Street, Southold,New York 11971, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase (b) Check from the Town of Southold drawn on any bank, savings the property, together with all buildings and improvements thereon bank,trust company or savings and loan association having a banking (collectively the"Premises"): office in the State of New York,unendorsed and payable to the order of Seller; Street Address: 12655 Sound Avenue,Mattituck,New York (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$1,000.00; Tax Map Designation: Dist 1000,See 141.00,Blk 04.00,Lot 010.000 and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Together with Seller's ownership and rights,if any,to land lying in the 5. Permitted Exceptions. The Premises are sold and shall be conveyed bed of any street or highway, opened or proposed, adjoining the subject to: Premises to the center line thereof, including any right of Seller to any (a) Zoning and subdivision laws and regulations, and landmark, unpaid award by reason of any taking by condemnation and/or for any historic or wetlands designation,provided that they are not violated by damage to the Premises by reason of change of grade of any street or the existing buildings and improvements erected on the property or their highway. Seller shall deliver at no additional cost to Purchaser at use; Closing (as hereinafter defined), or thereafter, on demand, any (b) Consents for the erection of any structures on,under or above any documents that Purchaser may reasonably require for the conveyance of streets on which the Premises abut; such title and the assignment and collection of such award or damages. (c) Encroachments of stoops,areas,cellar steps,trim and cornices,if any,upon any street or highway; 2Personalperty This sole also ineludes R11 fiN'••r-^s R-"a"•*i"1"s (d) Real estate taxes that are a lien,but are not yet due and payable; of personal pr-epe,:ty new attached o pHrte„snt t.,the Pre.r,:ses unless and sp�al�nslud@d bete... Seller re„Yves"ts F—Ind ...,-. r*� that at (e) Any state of facts an accurate survey show provide_d same do not Closing the),will be.raid for and owned by Seller a.ee and clear of all render title unmarketable or uninsurable. liens a..,1 a mbraneer a e„t a".,existing,..eAgage to wh:eh th:..sale (f) Building regulations, covenants, utility easements, restrictions, ___ be subjeet. The),inelude,but are not limited to plumbing,heating, reservations and agreements of record, provided same do not prohibit lighting and eeeking fixtures, it bathroom and hcher. eahinets mantels, the use and/or maintenance of existing structures.The violations of any ,l ee r--•°--" Bl ..eb plates ",1,,^^..,,.,..a.....-e,• netian blinds,• nde A covenants and restrictions by existing improvements shall not be treatments shades ,~ windows, storm ,leers deemed an objection to tile provided a title company shall agree to insure window boxes ail box TV aerials, weather-vane, flagpelepumps, that such improvements may remain in their present location as long as f shrubbery, „Sing outdoor statuaFy, tool shed dishwasher, ash:~." same shall stand. aebine elethes,arras~ garbage disposal unit range,oven,-va.:"erate.. (g) Variations between fences, hedges , shrubs, and retaining walls freezer, air sonditzoning equipment and installations, wall to wall with record lines of title, provided same do not exceed 12" and title ~pet:"" and built : net e.,el..,le,l bel^.,. lat :ie t . rlieablee company will insure same without raising an "out of possession" ems . exception. E,wAludPO ffem this sale are fumiture,and household fumishings and 6. Governmental Violations and Orders. (a) Seller shall comply with 3. Purchase Price. The purchase price is:$ 40,000.00 all notes or notices of violations of law or municipal ordinances,orders payable as follows: or requirements noted or issued as of the date of closing by any (a) on the signing of this ee„traet by Pureahaser,e eheev payable t,ae ^ governmental department having authority as to lands, housing, buildings,fire,health,environmental and labor conditions affecting the the L`se«e.. a(as hereinafter defined), s..b:eet♦o e.aleetio the r ...gad, t , . held �v pursuant to Premises. The Premises shall be conveyed free of them at Closing. ,.f...h:eh :.. hereb,, ae1.„e.,.ie.iae.l t.. be hellserow t., paragraph f tb:a „tract,the«n ,,,„„a,„„e„t„�.aSeller shall furnish Purchaser with any authorizations necessary to make $ 0 the searches that could disclose these matters. (b) by allow.yenee -f r the principal a .nt unpaid an the a :stir, (b) (Delete if:,,,,.....l:e,.Ale) All obligations affecting the Premises mai4gage an the.late heree f paymenth of which Pureaser shell A ant to the A :n st: «a t:..e Code of the Gity 414w York:n rred ' .l m b5yai�eF-i�t1e ae�� 0 t Closing payable.ablein meney shall be diseharged by cells~at (e) by a r rehave meney note and mom-t"age ffem Purehaser to Sellen or PFi0F to Closing. $ 0 (d) balance at Closing: $ 40,000.00 7. Seller's Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; 4. Acceptable Funds. All money payable under this contract,unless (ii) Seller is the sole owner of the Premises and has the full right, otherwise specified,shall be paid by: power and authority to sell,convey and transfer the same in accordance (a) Cash,but not over$1,000.00; with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for price a sum equal to 10%thereof(or any lesser amount permitted by purposes of the Foreign Investment in Real Property Tax Act, Internal law) and shall at Closing remit the withheld amount with the required Revenue Code("IRC") Section 1445, as amended, and the regulations forms to the Internal Revenue Service. promulgated thereunder(collectively"FIRPTA"); (f) The delivery of the Premises and all building(s)and imgr-evements (iv) The Premises are not affected by any exemptions or abatements eempri ing a~^•*thoreef in , free of all debris, of taxes;and vacant and free of leases or tenancies together-• ith keys to the Promises. (v) Seller has been known by no other name for the past ten years, (g) All plumbing(inel ding water supply and septa^systems,if except heating and air onditi „a„. :f^„., aloe...:^^, mind-„,^^"^„: ^1 Systems, equipment and maehiner-y in the building(s)leeated on the prepel:ty and (b) Seller covenants and warrants that all of the representations and all^ plianses which afe ineluded in this sale being in wer4dng order warranties set forth in this contract shall be true and correct at Closing. of the'date of Q„1'-9 (c) Except as otherwise expressly set forth in this contract, none of - (h` if the Premises ar-o a one r twe family house deliye.3, by the Seller's covenants, representations, warranties or other obligations ~^Ries at('loom" of affidavits in eemplianee with state and '^^^' '^ contained in this contract shall survive Closing. 8. Condition of Property. Purchaser acknowledges and represents that (i) The delivery by the parties of any other affidavits required as a Purchaser is fully aware of the physical condition and state of repair of condition of recording the deed. the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that 13. Deed Transfer and Recording Taxes. At Closing, certified or Purchaser is entering into this contract based solely upon such official bank checks payable to the order of the appropriate State, City inspection and investigation and not upon any information, data, or County officer in the amount of any applicable transfer and/or statements or representations, written or oral, as to the physical recording tax payable by reason of the delivery or recording of the deed condition, state of repair, use, cost of operation or any other matter or mortgage, if any, shall be delivered by the party required by law or related to the Premises or the other property included in the sale,given by this contract to pay such transfer and/or recording tax,together with or made by Seller or its representatives, and shall accept the same"as any required tax returns duly executed and sworn to,and such party shall is" in their present condition and state of repair, subject to reasonable cause any such checks and returns to be delivered to the appropriate use,wear,tear and natural deterioration between the date hereof and the officer promptly after Closing. The obligation to pay any additional tax date of Closing (except as ^the„,.a^o set f.th in graph'160)) or deficiency and any interest or penalties thereon shall survive Closing. without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this 14. Apportionments and Other Adjustments; .Water Meter and contract. Purchaser and its authorized representatives shall have the Installment Assessments. (a) To the extent applicable,the following right, at reasonable times and upon reasonable notice(by telephone or shall be apportioned as of midnight of the day before the day of Closing: otherwise)to Seller,to inspect the Premises before Closing. (i) taxes, wa4er eharges and sewer reFAs, on the basis of the lien period for which assessed; (ii) fuel; (^i` interest on the istin 9. Insurable Title. Seller shall give and Purchaser shall accept such ^••t^^ (iy)~ a-sting t ansf.able insuranee elieio^-and title as any reputable title company licensed to do business in the State F@110Wa4S of those oprior to Closing;(v)• ult eharge^• (vi)rent^ of New York shall be willing to approve and insure in accordance with as and when^^"e^ted. its standard form of title policy approved by the New York State (b) If Closing shall occur before a new tax rate is fixed, the Insurance Department, subject only to the matters provided for in this apportionment of taxes shall be upon the basis of the tax rate for the contract. immediately preceding fiscal period applied to the latest assessed valuation. 10. Closing,Deed and Title.(a)"Closing"means the settlement of the (e) if the.^ : i.va-ter„lot^_ on the-Pre ises cell shall films^h obligations of Seller and Purchaser to each other under this contract, reading te a date not fnere than 30 days before Glesing and thA uAr4X@d including the payment of the purchase price to Seller,and the delivery m@te-eharge and sewer rent,:f any,shall be^ „ef fiened on the basis of to Purchaser of a Bargain and Sale Deed with Covenants Against sueh-last reading. Grantor's Acts in proper statutory short form for recording, duly (d) If at the date of Closing the Premises are affected by an assessment executed and acknowledged, so as to convey to Purchaser fee simple which is or may become payable in annual installments, and the first title to the Premises, free of all encumbrances, except as otherwise installment is then a lien,or has been paid,then for the purposes of this herein stated. The deed shall contain a covenant by Seller as required contract all the unpaid installments shall be considered due and shall be by subd.5 of Section 13 of the Lien Law. paid by Seller at or prior to Closing. (b) The Deed shall be a full Bargain.and Sale Deed with covenants (e) Any errors or omissions in computing apportionments or other against Grantor's acts in the proper statutory short form with the adjustments at Closing shall be corrected within a reasonable time following additional language contained in the deed: following Closing. This subparagraph shall survive Closing. "WHEREAS, this certain plot, piece or'parcel of land more fully described herein, is being acquired with monies of the Town of 15. Allowance for Unpaid Taxes,etc. Seller has the option to credit Southold,it shall henceforth be used,managed,operated or disposed of Purchaser as an adjustment to the purchase price with the amount of any in accordance with New York State Town Law and Southold Town unpaid taxes,assessments,water charges and sewer rents,together with Code." any interest and penalties thereon to a date not less than five business (e) 1f Seller is a ^till„ :t shall deliver to Purchaser at the time days after Closing,provided that official bills therefore computed to said of Closing(i)^ ,.1..tion,.fits n,.^ra,.ft,:..^^t,..^^..t",...:,:~,.tb^�^'^ date are produced at Closing. Assistant Seer.tafy f the ^ ^tiers eeftaf.a„.. ^,eh ^ luti „ and 16. Use of Purchase Price to Remove Encumbrances. If at Closing sett:„ f Ah r et^ showing that the t..^„4 r : ..„f...,,:t.. ...:t" t"^ there are other liens or encumbrances that Seller is obligated to pay or discharge,Seller may use any portion of the cash balance of the purchase in such ease shall centain R— reeital suffleient to establish camp! price to pay or discharge them, provided Seller shall simultaneously ••'ith that tip. deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with 11. Closing Date and Place. Closing shall take place at the office of the cost of recording or filing said instruments. Upon notice (by the Southold Town Supervisor located at 54375 Main Street, Southold, telephone or otherwise), given not less than 3 business days before New York,on or about 60 days following the adoption of an authorizing Closing,Purchaser shall provide checks as requested to assist in clearing resolution and full execution of this Contract of Sale.The Closing may up these matters. also be done in escrow if agreed to by the parties. 17. Title Examination; Seller's Inability to Convey; Limitations of 12. Conditions to Closing. This contract and Purchaser's obligation to Liability. (a) Purchaser shall order an examination of title in respect of purchase the Premises are also subject to and conditioned upon the the Premises from a title company licensed or authorized to issue title fulfillment of the following conditions precedent: insurance by the New York State Insurance Department or any agent for, (a)Public Hearing held by the Southold Town Board pursuant to the such title company promptly after the execution of this contract or, if Town Code and Section 247 of the General Municipal Law regarding this contract is subject to the mortgage contingency set forth in acquisition of said property paragraph 8, after a mortgage commitment has been accepted by (b) Resolution authorizing the Town of Southold to acquire said Purchaser. Purchaser shall cause a copy of the title report and of any property. additions thereto to be delivered to the attorney(s)for Seller promptly (c) The accuracy,as of the date of Closing,of the representations and after receipt thereof. warranties of Seller made in this contract; (b) (i) If at the date of Closing Seller is unable to transfer title to (d) The deli eft' by caner t -Pure-has,.. of^ valid and subsist,*-. Purchaser in accordance with this contract,or Purchaser has other valid of neeupa e y, ether required eei4:f^^to f complianee grounds for refusing to close,whether by reason of liens,encumbrances that„~„^was_^,,.•:_o,a eove_ing the building(s)and all,.fth^ or other objections to title or otherwise (herein collectively called other improvements ,,.,.^toll on the „ „wty ^••thOFiZifig their use as a "Defects"), other than those subject to which Purchaser is obligated to c.„ab,dwell:„ ^t the date of!"loss„, accept title hereunder or which Purchaser may have waived and other (e) The delivery by Seller to Purchaser of a certification stating that than those which Seller has herein expressly agreed to remove,remedy Seller is not.a foreign person;which certification shall be in the form or discharge and if Purchaser shall be unwilling to waive the same and then required by FIRPTA. If Seller fails to deliver the aforesaid to close title without abatement of the purchase price, then, except as certification or if Purchaser is not entitled under FIRPTA to rely on such hereinafter set forth, Seller shall have the right,at Seller's sole election, certification, Purchaser shall deduct and withhold from the purchase either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this which terms shall also include,whether or not included in the definitions contract;(ii)if Seller elects to take action to remove,remedy to comply contained in Applicable Environmental Laws, petroleum, solvents, or with such Defects,Seller shall be entitled from time to time,upon Notice polychlorinated biphenyls; (iv) there are no above ground or to Purchaser, to adjourn the date for Closing hereunder for a period or underground storage tanks or containers at the Premises;(v)there are no periods not exceeding 60 days in the aggregate and the date for Closing liens under Applicable Environmental Laws affecting the Premises and shall be adjourned to a date specified by Seller not beyond such period. no government actions have been taken or,to the knowledge of Seller, If for any reason whatsoever, Seller shall not have succeeded in are in process,which could subject any portion of the Premises to such removing,remedying or complying with such Defects at the expiration liens;and(vi)there are no citations or summons served upon the Seller of such adjoumment(s),and if Purchaser shall still be unwilling to waive with respect to and there has been no activity that would give rise to,any the same and to close title without abatement of the purchase price,then release, discharge or deposit,on the Premises that is the subject of this either party may cancel this contract by Notice to the other given within Contract of Sale,of a Hazardous Substance. As used herein,"Hazardous 10 days after such adjourned date; (iii)notwithstanding the foregoing, Substances" shall mean any hazardous materials, hazardous waste, the existing mortgage(unless this sale is subject to the same) and any hazardous and toxic substances, pollutants, contaminants, debris and matter created by Seller after the date hereof shall be released, other solid wastes as those terms are defined by any Applicable discharged or otherwise cured by Seller at or prior to Closing. Environmental Laws. For purposes of this paragraph 24, Hazardous (c) If this contract is canceled pursuant to its terms, other than as a Substances shall not include(y)substances used by Seller in the ordinary result of Purchaser's default,this contract shall terminate and come to maintenance of the Premises,provided such use is in the ordinary course an end, and neither party shall have any further rights, obligations or of Seller's maintenance, and (z) petroleum released in de minimus liabilities against or to the other hereunder or otherwise,except that: (i) amounts and typically associated with the use of portions of the Premises Seller shall promptly rpfi4nd Ar w. the F,;r-r,...°a to refund th for driving and parking motor vehicles. The representations and the Downpaymem te Purchaser and to reimburse Purchaser for the net cost provisions of this paragraph shall not survive CLOSING. This of examination of title, including any appropriate additional charges Agreement shall be interpreted and enforced in accordance with the laws related thereto, and the net cost, if actually paid or incurred by of the State of New York. If any provision(s)of this Agreement shall Purchaser,for updating the existing survey of the Premises or of a new be unforceable or invalid, the same shall not affect the remaining survey,and(ii)the obligations under paragraph 23, if applicable,shall provisions of this Agreement and to this end the provisions of this survive the termination of this contract. Agreement are intended to be and shall be severable. 18. Affidavit as to Judgments, Bankruptcies, etc. If a title 25. Environmental Assessment/Clean-Up Contingency. The examination discloses judgments, bankruptcies or other returns against Purchaser's representatives shall, within fourteen (14) days of full persons having names the same as or similar to that of Seller,Seller shall. execution of this Contract, inspect the Premises to determine the deliver an affidavit at Closing showing that they are not against Seller. existence of any Hazardous Substances (as defined in Paragraph 24 above) and any other unacceptable materials that are required to be 19. Defaults and Remedies. (a) If Purchaser defaults hereunder,Seller removed prior Ito Closing consistent with the representations in shall have such remedies as Seller shall be entitled to at law or in equity, paragraph 24 of this Contract. The results of said inspection shall be set including,but not limited to,specific performance. forth in a memorandum from the Town's Community Preservation Fund (b) If Seller defaults hereunder,Purchaser shall have such remedies as Department or in written report from Purchaser's consultant, and Purchaser shall be entitled to at law or in equity, including, but not forwarded to the Seller and Seller's attorney. Prior to closing, Seller limited to,specific performance. shall remove all Hazardous Substances and any unacceptable materials identified in the report and said to exist on the Premises.The removal of 20. Purchaser's Lien. All money paid on account of this contract and all these items shall be completed to the satisfaction of the office of the the reasonable expenses of examination of title to the Premises and of Community Preservation Fund Department prior to closing. If Seller any survey and survey inspection charges,are hereby made liens on the elects not to undertake any clean up required by this paragraph, Premises, but such liens shall not continue after default by Purchaser purchaser may cancel this contract and neither party shall have any under this contract. further liability to the other,or Purchaser may proceed to Closing liability to the other,or Purchaser may proceed to Closing. 21. Notices. Any notice or other communication("Notice")shall be in writing and either (a) sent by either of the parties hereto or by their 26. Survey. Purchaser agrees, not later than seven (7)days after the respective attorneys who are hereby authorized to do so on their behalf adoption of an authorizing resolution,to order a survey of the premises or by the Escrowee,by registered or certified mail,postage prepaid,or; to be prepared by a surveyor licensed by the State of New York and to (b) delivered in person or by overnight courier, with receipt direct the surveyor to forward copies of the survey and survey reading, acknowledged,to the respective addresses given in this contract for the as well as all related notices, to the Seller's attorney and the title party,to whom the Notice is to be given,or to such other address as such company. Said survey shall be at the cost of the Purchaser. party shall hereafter designate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice 27. IRS W-9 Form. Seller agrees to execute and deliver to Purchaser's mailed shall be deemed given on the third business day following the attorney an IRS Form W-9 at least twenty(20)days prior to closing of date of mailing the same,,and each Notice delivered in person or by title so that the Town Comptroller's Office may obtain and disburse overnight courier shall be deemed given when delivered. necessary funds. Seller acknowledges that a delay in the delivery of the W-9 Form will result in the delay of the scheduled Closing date. 22. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any 28. Public Disclosure Statement. Seller shall,within ten(10)days of purported assignment(s)made without such consent shall be void. the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time 23. Broker. Seller and Purchaser each represents and warrants to the of Closing,the Seller shall submit a then applicable statement or a sworn other that it has not dealt with any broker in connection with,this sale statement that there have been no changes in interest since the date'of other than, XXXXXXXXX (agent: XXXXXX, ("Broker") and Seller this Contract. Any evidence of a conflict of interest or prohibited shall pay Broker any commission earned pursuant to a separate contractual relationship shall require approval of the Contract and sale agreement between Seller and Broker. Seller and Purchaser shall by the Supreme Court of the State of New York. indemnify and defend each other against any costs,claims and expenses, including reasonable attorneys' fees arising out of the breach on their 29. Delivery of Deed. The acceptance of a Deed by the Purchaser shall respective parts of any representation or agreement contained in this be deemed to be full performance in discharge of every agreement and paragraph. The provisions of this paragraph shall survive Closing or,if obligation on the part of the Seller to be performed pursuant to the Closing does not occur, the termination of this contract. Added provisions of this agreement, except those, if any, which are herein suggested changes by Seller's attorney. specifically stated to survive the Closing. 24. Environmental Representations. Seller represents that to the best 30. Acknowledgement of Charitable Contribution. The Purchaser of Seller's knowledge: (i) No Hazardous Substances (as hereinafter acknowledges that the Seller may take a charitable contribution of the defined)have been released,discharged,treated,stored or disposed of, difference between the fair market value of the Premises as may be or otherwise deposited in or on,or migrated to,the Premises,including established by the Seller's appraisal and the purchase price to be paid by without limitation of the generality of the foregoing,the surface waters the Purchaser pursuant to this Agreement. Accordingly,if requested by and subsurface waters of the Premises; (ii)There are no underground Seller,the Purchaser may execute Internal Revenue Service Form 8283 fuel tanks or septic systems on the Premises; (iii) There are no and any other documents required by the Internal Revenue Service in substances or conditions (including asbestos or asbestos-containing conjunction with Seller's claim for a charitable contribution, provided materials)in or on the Premises or any other parcels of and which may Seller's valuation is consistent with the Purchaser's appraised fair materially adversely affect the Premises or use thereof of which would market value. This acknowledgement does not represent and shall not be reasonably likely to support a claim or cause of action under any be construed as concurrence by the Purchaser of the claimed fair market existing federal, state or local environmental statute, regulation, value. ordinance or other environmental regulatory requirement(hereinafter collective called"Applicable Environmental Laws"),including,without 31. IRS§1031. The Purchaser hereby acknowledges that it may be the limitation,the Comprehensive Environmental Response,Compensation intent of the Seller to structure its sale as a tax deferred exchange under and Liability Act("CERCLA"),as amended 42 U.S.C.§§6901,et seq., IRC §1031. Seller covenants that this will not delay the close of the the Resource Conservation and Recovery Act("RCRA") as amended42 subject transaction nor cause the Purchaser any additional expenses. U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New York State, The Seller's rights under the purchase and sale agreement may be assigned to a Qualified Intermediary for IRC §1031 Tax Deferred Exchanges. Buyer agrees to cooperate with the Seller and the Qualified (e) This contract shall not be binding or effective until duly executed Intermediary to complete the exchange. and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting 32. Utilities. Seller shall discontinue all utilities at the Premises and requirements,if applicable. This subparagraph shall survive Closing. provide"disconnect"letters prior to Closing,including PSEG,National (g) Each party shall, at any time and from time to time, execute, Grid and SCWA. acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably 33 D.....oyal of Existing im^..,...,....ents After Closing, P„re requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. This paragraph shall sun,ive elesing Seller shall previde Pu-ehaser-, (h) This contract is intended for the exclusive benefit of the parties withanyprier- surveys, and ififOFfflatiOH Fegarding the leeation ^f hereto and, except as otherwise expressly provided herein,shall not be existing sanitary systems, water s ells and ndeWound ^ for the benefit of, and shall not create any rights in, or be enforceable above g ..nd fuel .,..age tanks a., Seller-'su possession. Seller shall.,i;„ by,any other person or entity. provide Pur-ehaser .it "dis et neti.. s"ft., all„tility eam soFvieing the pr 35. Counterparts: This contract may be executed in several counterparts, each of which shall be deemed an original, and all such 34. Miscellaneous. (a) All prior understandings, agreements, counterparts together shall constitute one and the same instrument. representations and warranties, oral or written, between Seller and However,the Contract shall not be effective or enforceable against any Purchaser are merged in this contract;it completely expresses their full party hereto until all parties have completely and properly executed at agreement and has been entered into after full investigation, neither least one counterpart of the Contract. This Contract may be executed party relying upon any statement made by anyone else that is not set by facsimile signatures, electronic (i.e. email) or portable document forth in this contract. format(".PDF")that shall be deemed originals with the originals to be (b) Neither this contract nor any provision thereof may be waived, provided within a reasonable time; facsimile signatures or PDF changed or canceled except in writing. This contract shall also apply to signatures shall be treated as original signatures;and facsimile or PDF and bind the heirs, distributees, legal representatives, successors and copies of this Contract shall be treated as original copies of this permitted assigns of the respective parties. The parties hereby authorize Contract. their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 36. Transfer upon Transfer: Seller hereby acknowledges that the (c) Any singular word or term herein shall also be read as in the plural Purchaser is a municipal entity and exempt from and not subject to NYS and the neuter shall include the masculine and feminine gender,whether transfer taxes. Pursuant to NYS Tax Law Section 1404,the Seller shall the sense of this contract may require it. have the duty to pay such tax obligation. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any [SIGNATURE PAGE FOLLOWS] provision hereof. IN WITNESS WHEREOF,this contract has been duly executed by the parties hereto. Seller: Purchaser: TOWN OF SOUTHOLD JAMES KING By:SCOTT RUSSELL,TOWN SUPERVISOR DIANE COTUGNO Attorney for Seller: Attorney for Purchaser: XXXXXXX Paul M DeChance Esq. XXXXXXXXXXXX Town Attorney Address:XXXXXX Address: 54375 State Route 25 XXXXXXXX Southold,NY 11971 XXXX Town of Southold Tel:XXXX Tel:631-765-1939 Contract of Sale PREMISES TITLE NO. Section 141 Block 4 Lots 10 DIANE COTUGNO and JAMES KING County or Town Suffolk,Southold Street Number Address: 54375 State Route 25 Southold,NY 11971 TO SOUTHOLD TOWN CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. CONTRACT OF SALE—RESIDENTIAL PROPERTY Contract of Sale made as of January_ , 2023 BETWEEN DIANE COTUGNO and JAMES KING,Joint Tenants with the Right of Survivorship, Address: 220 East Mill Road,Mattituck,New York 11952 hereinafter called"SELLER" and TOWN OF SOUTHOLD, a municipal corporation of the State of New York Address: 54375 Main Street, Southold,New York 11971, Social Security Number/Fed ID No(s): hereinafter called"PURCHASER" The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase (b) Check from the Town of Southold drawn on any bank, savings the property, together with all buildings and improvements thereon bank, trust company or savings and loan association having a banking (collectively the"Premises"): office in the State of New York,unendorsed and payable to the order of Seller; Street Address: 12655 Sound Avenue,Mattituck,New York (c) As to money other than the purchase price payable to Seller at Closing,uncertified check of Purchaser up to the amount of$1,000.00; Tax Map Designation: Dist 1000,Sec 141.00,Blk 04.00,Lot 010.000 and (d) As otherwise agreed to in writing by Seller or Seller's attorney. Together with Seller's ownership and rights,if any,to land lying in the 5. Permitted Exceptions. The Premises are sold and shall be conveyed bed of any street or highway, opened or proposed, adjoining the subject to: Premises to the center line thereof, including any right of Seller to any (a) Zoning and subdivision laws and regulations, and landmark, unpaid award by reason of any taking by condemnation and/or for any historic or wetlands designation,provided that they are not violated by damage to the Premises by reason of change of grade of any street or the existing buildings and improvements erected on the property or their highway. Seller shall deliver at no additional cost to Purchaser at use; Closing (as hereinafter defined), or thereafter, on demand, any (b) Consents for the erection of any structures on,under or above any documents that Purchaser may reasonably require for the conveyance of streets on which the Premises abut; such title and the assignment and collection of Such award or damages. (c) Encroachments of stoops,areas,cellar steps,trim and cornices,if any,upon any street or highway; 3 -Per-senal PrepeFty. This sale"'"^includes all fix4ure"and artiele" (d) Real estate taxes that are a lien,but are not yet due and payable; of personal property now attaehed a „,.rte„a„t to the Promise" unless and speeiifleally egisluaed below. Seller represents and warm„ts that at (e) Any state of facts an accurate survey show provided same do not Closing they will he„aid F "„d e „ed by Seller r ee and elear of all render title unmarketable or uninsurable. lie„"and a .„bra„ee" a e„t any existing F,ertgage to wh;eh this vale (fl Building regulations, covenants, utility easements, restrictions, maybesubleat. They include,but" ;;At"-,'tea to „l„„.h:„e heat:„e reservations and agreements of record, provided same do not prohibit lighting and eeeking fixtures, hathreem and-v:«..he„eah;„et" mantels, the use and/or maintenance of existing structures.The violations of any deer„,;~Fars s..:teh„late"Rand-deer har-d-ware • „etia„hl;„d" . ;„de,., covenants and restrictions by existing improvements shall not be treatments, shade~ sereens, awnings, "teF. windews, atenn doer" deemed an objection to tile provided a title company shall agree to insure e.„d .. boxe, ail he. TV aerials, ea«her vane, flagpole, Pumps, that such improvements may remain in their present location as long as "hrubber.. f„eing out,l,,.... "«at,:ar.. teal shed dishwasher, ash;n,. same shall stand. - ashine elethe"dryer garbage d:"„e"al unit,range,even,refrigerator-, (g) Variations between fences, hedges , shrubs, and retaining walls 4eezer, air ,.„data „i„^ equipment and installations, all to well with record lines of title, provided same do not exceed 12" and title .,~pet;„e a„d built:„" not eal„ded hale.,. ("t-Ae-eut_hiap„l:eable company will insure same without •raising an "out of possession" key), exception. E I d d ffafn this 1 me A 't. and household furnishings and 6. Governmental Violations and Orders. (a) Seller shall comply with 3. Purchase Price. The purchase price is:S 40,000.00 all notes or notices of violations of law or municipal ordinances,orders payable as follows: or requirements noted or issued as of the date of closing by any (a) on the signing of this ee„traet by U„rehaser'" cheek„ t,able o governmental department having authority as to lands, housing, Ps .,.the ereee(as here;„amer defined), .ubjeet to celleet:..„,the r e:„t buildings,fire,health,environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. .,.f h:ah he ..eh. L„ .,led..ed' to he held_ escrow pursuant to Seller sh all furnish Purchaser with an authorizations necessaryto make paragraph 6 of this „tract(the«rig „ „t")• Y $a 9 the searches that could disclose these matters. /h\ by allows„ee for the „ :f:.,.,.„.. „al a ,„t unpaid an the existing I1,./h\ / 1,.t,. 1:....l.l..\ All ehl:..at:e„.. affecting the Dre„.:"ell rtgage on the date hereof payment of wh;eh D,reha"er shall assume pur suant to the A d„inistm4iye rode of the City of New York in red byjaindef ' r to Closing and payable: "hall he discharged by Seller- (e) «{geed. $ A prior - -a—__r-�____ _„.„..„e., (e) by a reh.."e.,,e„e. Ste and.,,ert..a..e 4er.,D„r,.ha"er to Seller. or prier to Closing. $ 0 40 0U0.00 7. Seller's Representations. (a) Seller represents and warrants to (d) balance at Closing: Purchaser that: (i) The Premises abut or have a right of access to a public road; 4. Acceptable Funds. All money payable under this contract,unless (ii) Seller is the sole owner of the Premises and has the full right, otherwise specified,shall be paid by: power and authority to sell,convey and transfer the same in accordance (a) Cash,but not over$1,000.00; with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for price a sum equal to 10%thereof(or any lesser amount permitted by purposes of the Foreign Investment in Real Property Tax Act, Internal law) and shall at Closing remit the withheld amount with the required Revenue Code("IRC") Section 1445, as amended, and the regulations forms to the Internal Revenue Service. promulgated thereunder(collectively"FIRPTA!'); (f) The delivery of the Premises and all building(s)an dents (iv) The Premises are not affected by any exemptions or abatements ~^•*thereof' free of all debris, of taxes;and vacant and free of leases or tenancies together with keys to the Premises. (v) Seller has been known by no other name for the past ten years, (g) All plumbing(ineludi~"•v^teY supply and ne~tie systems,iF^.,.A except heating and air "~diti"~i~" if any, eleetrie.•l and meeh^~ie^l systems, equipment and.....ehi~ery in the buildiRg(s)lee.•ted o the property iind- (b) Seller covenants and warrants that all of the representations and all app i^~^en whinh ary insluded in this sale being in working order as warranties set forth in this contract shall be true and correct at Closing. "Fthe dete of Closin (c) Except as otherwise expressly set forth in this contract, none of (h) if the Pre-mines " one or-two family house. delivery by the Seller's covenants, representations, warranties or other obligations parties at Cloning of"Ffd^.dtn : milli"~^e .,dth State and 1"e^l l^•v contained in this contract shall survive Closing. requirements t"the off-bet that there in ~stalled in the Premises^ ~,^,.^ 8. Condition of Property. Purchaser acknowledges and represents that (i) The delivery by the parties of any other affidavits required as a Purchaser is fully aware of the physical condition and state of repair of condition of recording the deed. the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that 13. Deed Transfer and Recording Taxes. At Closing, certified or Purchaser is entering into this contract based solely upon such official bank checks payable to the order of the appropriate State, City inspection and investigation and not upon any information, data, or County officer in the amount of any applicable transfer and/or statements or representations, written or oral, as to the physical recording tax payable by reason of the delivery or recording of the deed condition, state of repair, use, cost,of operation or any other matter or mortgage, if any, shall be delivered by the party required by law or related to the Premises or the other property included in the sale,given by this contract to pay such transfer and/or recording tax,together with or made by Seller or its representatives, and shall accept the same"as any required tax returns duly executed and sworn to,and such party shall is" in their present condition and state of repair, subject to reasonable cause any such checks and returns to be delivered to the appropriate use,wear,tear and natural deterioration between the date hereof and the officer promptly after Closing. The obligation to pay any additional tax date of Closing (except as ^thep.vine not f rth in paragraph 16(f)), or deficiency and any interest or penalties thereon shall survive Closing. without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this 14. Apportionments and Other Adjustments; Water Meter and contract. Purchaser and its authorized representatives shall have the Installment Assessments. (a) To the extent applicable,the following right, at reasonable times and upon reasonable notice(by telephone or shall be apportioned as of midnight of the day before the day of Closing: otherwise)to Seller,to inspect the Premises before Closing. (i) taxes, water- ^h^r"^n and sewer rents on the basis of the lien period for which assessed; iii\ fuel. 'iii` intemst on the isting 9. Insurable Title. Seller shall give and Purchaser shall accept such ertgage;(iv)premiums :stir,g transferable insurance ",:^ion a a d title as any reputable title company licensed to do business in the State "ln of thew epr-ier to Closing;(.,)vault eh..rge (vi)rents of New York shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State (b) If Closing shall occur before a new tax rate is fixed, the Insurance Department, subject only to the matters provided for in this apportionment of taxes shall be upon the basis of the tax rate for the contract. immediately preceding fiscal period applied to the latest assessed valuation. 10. Closing,Deed and Title.(a)"Closing"means the settlement of the (e) if there i a "ter..rotor An the Premises, Seller shall Alminh " obligations of Seller and Purchaser to each other under this contract, reading to^ dot"not more than 30 days before Closing and the...,f.,ed including the payment of the purchase price to Seller, and the delivery •-•"t^-^heree and sewer rent,if any,shall be^ pai4ieaed on the h^^i^^F to Purchaser of a Bargain and Sale Deed with Covenants Against such last reading Grantor's Acts in proper statutory short form for recording, duly (d) If at the date of Closing the Premises are affected by an assessment executed and acknowledged, so as to convey to Purchaser fee simple which is or may become payable in annual installments, and the first title to the Premises, free of all encumbrances, except as otherwise installment is then a lien,or has been paid,then for the purposes of this herein stated. The deed shall contain a covenant by Seller as required contract all the unpaid installments shall be considered due and shall be by subd.5 of Section 13 of the Lien Law. paid by Seller at or prior to Closing. (b) The Deed shall be a full Bargain and Sale Deed with covenants (e) Any errors or omissions in computing apportionments or other against Grantor's acts in the proper statutory short form with the adjustments at Closing shall be corrected within a reasonable time following additional language contained in the deed: following Closing. This subparagraph shall survive Closing. "WHEREAS, this certain plot, piece or parcel of land more fully described herein, is being acquired with monies of the Town of 15. Allowance for Unpaid Taxes,etc. Seller has the option to credit Southold,it shall henceforth be used,managed,operated or disposed of Purchaser as an adjustment to the purchase price with the amount of any in accordance with New York State Town Law and Southold Town unpaid taxes,assessments,water charges and sewer rents,together with Code." any interest and penalties thereon to a date not less than five business (e) TF cello.in a earperationg it shall deliver to Affeh^ner at the t: e days after Closing,provided that official bills therefore computed to said f Gl"ni~"(i)^ ^^'••tie~of its Beard Of Pire^t,.rn.•..therizing the sale date are produced at Closing. and delivery of the deed, and (ii) eerti fie .,to by the Seeretr.. o Assistant Seere*^^. F the e et:^~ "ert:a.:~" n• h r "'••t:^~ ;Ind 16. Use of Purchase Price to Remove Encumbrances. If at Closing netting forth f etn showing that the transfer i in enf rmity with the there are other liens or encumbrances that Seller is obligated to pay or , . )nts of Section 909 ef the Business Corporation Law. The deed discharge,Seller may use any portion of the cash balance of the purchase .eh ease shell "e~t^i~ " eit"l su ffleie~t to entehlinh " ~lie~"e price to pay or discharge them, provided Seller shall simultaneously with that Seetie~ deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with 11. Closing Date and Place. Closing shall take place at the office of the cost of recording or filing said instruments. Upon notice (by the Southold Town Supervisor located at 54375 Main Street, Southold, telephone or otherwise), given not less than 3 business days before New York,on or about 60 days following the adoption of an authorizing Closing,Purchaser shall provide checks as requested to assist in clearing resolution and full execution of this Contract of Sale.The Closing may up these matters. also be done in escrow if agreed to by the parties. 17. Title Examination; Seller's Inability to Convey; Limitations of 12. Conditions to Closing. This contract and Purchaser's obligation to Liability. (a) Purchaser shall order an examination of title in respect of purchase the Premises are also subject to and conditioned upon the the Premises from a title company licensed or authorized to issue title fulfillment of the following conditions precedent: insurance by the New York State Insurance Department or any agent for (a)Public Hearing held by the Southold Town Board pursuant to the such title company promptly after the execution of this contract or, if Town Code and Section 247 of the General Municipal Law regarding this contract is subject to the mortgage contingency set forth in acquisition of said property paragraph 8, after a mortgage commitment has been accepted by (b) Resolution authorizing the Town of Southold to acquire said Purchaser. Purchaser shall cause a copy of the title report and of any property. additions thereto to be delivered to the attorney(s) for Seller promptly (c) The accuracy,as of the date of Closing,of the representations and after receipt thereof warranties of Seller made in this contract; (b) (i) If at the date of Closing Seller is unable to transfer title to (d) The deliveryy by Seller to B..r^h^ner of" .."lid and subsisting Purchaser in accordance with this contract,or Purchaser has other valid Certifeete ofneeupaney or other required nertif..^te of e.,mpli r grounds for refusing to close,whether by reason of liens,encumbrances eN,idenee that none., required,eevering the building(s)and all A fthe or other objections to title or otherwise (herein collectively called other: ants le"^ted OR the~ ^e-t)•-.,,,thOFi-,iHg th&Use as "Defects"), other than those subject to which Purchaser is obligated to family dwelling at the date of Closing accept title hereunder or which Purchaser may have waived and other (e) The delivery by Seller to Purchaser of a certification stating that than those which Seller has herein expressly agreed to remove,remedy Seller is not a foreign person; which certification shall be in the form or discharge and if Purchaser shall be unwilling to waive the same and then required by FIRPTA. If Seller fails to deliver the aforesaid to close title without abatement of the purchase price, then, except as certification or if Purchaser is not entitled under FIRPTA to rely on such hereinafter set forth,Seller shall have the right,at Seller's sole election, certification, Purchaser shall deduct and withhold from the purchase either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this which terms shall also include,whether or not included in the definitions contract;(ii)if Seller elects to take action to remove,remedy to comply contained in Applicable Environmental Laws, petroleum, solvents, or with such Defects,Seller shall be entitled from time to time,upon Notice polychlorinated biphenyls; (iv) there are no above ground or to Purchaser,to adjourn the date for Closing hereunder for a period or underground storage tanks or containers at the Premises;(v)there are no periods not exceeding 60 days in the aggregate and the date for Closing liens under Applicable Environmental Laws affecting the Premises and shall be adjourned to a date specified by Seller not beyond such period. no government actions have been taken or,to the knowledge of Seller, If for any reason whatsoever, Seller shall not have succeeded in are in process,which could subject any portion of the Premises to such removing,remedying or complying with such Defects at the expiration liens;and(vi)there are no citations or summons served upon the Seller of such adjournment(s),and if Purchaser shall still be unwilling to waive with respect to and there has been no activity that would give rise to,any the same and to close title without abatement of the purchase price,then release,discharge or deposit, on the Premises that is the subject of this either party may cancel this contract by Notice to the other given within Contract of Sale,of a Hazardous Substance. As used herein,"Hazardous 10 days after such adjourned date; (iii)notwithstanding the foregoing, Substances" shall mean any hazardous materials, hazardous waste, the existing mortgage(unless this sale is subject to the same) and any hazardous and toxic substances, pollutants, contaminants, debris and matter created by Seller after the date hereof shall be released, other solid wastes as those terms are defined by any Applicable discharged or otherwise cured by Seller at or prior to Closing. ' Environmental Laws. For purposes of this paragraph 24, Hazardous (c) If this contract is canceled pursuant to its terms, other than as a Substances shall not include(y)substances used by Seller in the ordinary result of Purchaser's default,this contract shall terminate and come to maintenance of the Premises,provided such use is in the ordinary course an end, and neither party shall have any further rights, obligations or of Seller's maintenance, and (z) petroleum released in de minimus liabilities against or to the other hereunder or otherwise,except that: (i) amounts and typically associated with the use of portions of the Premises Seller shall promptly rpam;a __ the Eserawee to refund th for driving and parking motor vehicles. The representations and the D,..•..,...,yfaent to Purchaser and to reimburse Purchaser for the net cost provisions of this paragraph shall not survive CLOSING. This of examination of title, including any appropriate additional charges Agreement shall be interpreted and enforced in accordance with the laws related thereto, and the net cost, if actually paid or incurred by of the State of New York. If any provision(s) of this Agreement shall Purchaser,for updating the existing survey of the Premises or of a new be unforceable or invalid, the same shall not affect the remaining survey,and(ii)the obligations under paragraph 23, if applicable,shall provisions of this Agreement and to this end the provisions of this survive the termination of this contract. Agreement are intended to be and shall be severable. 18. Affidavit as to Judgments, Bankruptcies, etc. If a title 25. Environmental Assessment/Clean-Up Contingency. The examination discloses judgments, bankruptcies or other returns against Purchaser's representatives shall, within fourteen (14) days of full persons having names the same as or similar to that of Seller,Seller shall execution of this Contract, inspect the Premises to determine the deliver an affidavit at Closing showing that they are not against Seller. existence of any Hazardous Substances (as defined in Paragraph 24 above) and any other unacceptable materials that are required to be 19. Defaults and Remedies. (a) If Purchaser defaults hereunder,Seller removed prior to Closing consistent with the representations in shall have such remedies as Seller shall be entitled to at law or in equity, paragraph 24 of this Contract. The results of said inspection shall be set including,but not limited to,specific performance. forth in a memorandum from the Town's Community Preservation Fund (b) If Seller defaults hereunder,Purchaser shall have such remedies as Department or in written report from Purchaser's consultant, and Purchaser shall be entitled to at law or in equity, including, but not forwarded to the Seller and Seller's attorney. Prior to closing, Seller limited to,specific performance. shall remove all Hazardous Substances and any unacceptable materials identified in the report and said to exist on the Premises.The removal of 20. Purchaser's Lien. All money paid on account of this contract and all these items shall be completed to the satisfaction of the office of the the reasonable expenses of examination of title to the Premises and of Community Preservation Fund Department prior to closing. If Seller any survey and survey inspection charges,are hereby made liens on the elects not to undertake any clean up required by this paragraph, Premises, but such liens shall not continue after default by Purchaser purchaser may cancel this contract and neither party shall have any under this contract. further liability to the other,or Purchaser may proceed to Closing liability to the other,or Purchaser may proceed to Closing. 21. Notices. Any notice or other communication("Notice")shall be in writing and either (a) sent by either of the parties hereto or by their 26. Survey. Purchaser agrees, not later than seven (7)days after the respective attorneys who are hereby authorized to do so on their behalf adoption of an authorizing resolution,to order a survey of the premises or by the Escrowee,by registered or certified mail,postage prepaid,or; to be prepared by a surveyor licensed by the State of New York and to (b) delivered in person or by overnight courier, with receipt direct the surveyor to forward copies of the survey and survey reading, acknowledged,to the respective addresses given in this contract for the as well as all related notices, to the Seller's attorney and the title party,to whom the Notice is to be given,or to such other address as such company. Said survey shall be at the cost of the Purchaser. party shall hereafter designate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice 27. IRS W-9 Form. Seller agrees to execute and deliver to Purchaser's mailed shall be deemed given on the third business day following the attorney an IRS Form W-9 at least twenty(20)days prior to closing of date of mailing the same, and each Notice delivered in person or by title so that the Town Comptroller's Office may obtain and disburse overnight courier shall be deemed given when delivered. necessary funds. Seller acknowledges that a delay in the delivery of the W-9 Form will result in the delay of the scheduled Closing date. 22. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any 28. Public Disclosure Statement. Seller shall,within ten(10)days of purported assignment(s)made without such consent shall be void. the execution of this Contract, deliver the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time 23. Broker. Seller and Purchaser each represents and warrants to the of Closing,the Seller shall submit a then applicable statement or a sworn other that it has not dealt with any broker in connection with this sale statement that there have been no changes in interest since the date of other than, XXXXXXXXX (agent: XXXXXX, ("Broker") and Seller this Contract. Any evidence of a conflict'of interest or prohibited shall pay Broker any commission earned pursuant to a separate contractual relationship shall require approval of the Contract and sale agreement between Seller and Broker. Seller and Purchaser shall by the Supreme Court of the State of New York. indemnify and defend each other against any costs,claims and expenses, including reasonable attorneys' fees arising out of the breach on their 29. Delivery of Deed. The acceptance of a Deed by the Purchaser shall respective parts of any representation or agreement contained in this be deemed to be full performance in discharge of every agreement and paragraph. The provisions of this paragraph shall survive Closing or,if obligation on the part of the Seller to be performed pursuant to the Closing does not occur, the termination of this contract. Added provisions of this agreement, except those, if any, which are herein suggested changes by Seller's attorney. specifically stated to survive the Closing. 24. Environmental Representations. Seller represents that to the best 30. Acknowledgement of Charitable Contribution. The Purchaser of Seller's knowledge: (i) No Hazardous Substances (as hereinafter acknowledges that the Seller may take a charitable contribution of the defined)have been released,discharged,treated,stored or disposed of, difference between the fair market value of the Premises as may be or otherwise deposited in or on,or migrated to,the Premises,including established by the Seller's appraisal and the purchase price to be paid by without limitation of the generality of the foregoing,the surface waters the Purchaser pursuant to this Agreement. Accordingly,if requested by and subsurface waters of the Premises; (ii) There are no underground Seller,the Purchaser may execute Internal Revenue Service Form 8283 fuel tanks or septic stems on the Premises iii There are no and any other documents required by the Internal Revenue Service in p y ( )substances or conditions (including asbestos or asbestos-containing conjunction with Seller's claim for a charitable contribution, provided materials)in or on the Premises or any other parcels of and which may Seller's valuation is consistent with the Purchaser's appraised fair materially adversely affect the Premises or use thereof of which would market value. This acknowledgement does not represent and shall not be reasonably likely to support a claim or cause of action under any be construed as concurrence by the Purchaser of the claimed fair market existing federal, state or local environmental statute, regulation, value. ordinance or other environmental regulatory requirement(hereinafter collective called"Applicable Environmental Laws"),including,without 31. IRS§1031. The Purchaser hereby acknowledges that it may be the limitation,the Comprehensive Environmental Response,Compensation intent of the Seller to structure its sale as a tax deferred exchange under and Liability Act("CERCLA"),as amended 42 U.S.C. §§6901,et seq., IRC §1031. Seller covenants that this will not delay the close of the the Resource Conservation and Recovery Act("RCRA"),as amended42 subject transaction nor cause the Purchaser any additional expenses. U.S.C. §§6901, et seq., and 6 NYCRR Part 360 of New York State, The Seller's rights under the purchase and sale agreement may be assigned to a Qualified Intermediary for IRC §1031 Tax Deferred Exchanges. Buyer agrees to cooperate with the Seller and the Qualified (e) This contract shall not be binding or effective until duly executed Intermediary to complete the exchange. and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC reporting 32. Utilities. Seller shall discontinue all utilities at the Premises and requirements,if applicable. This subparagraph shall survive Closing. provide"disconnect"letters prior to Closing,including PSEG,National (g) Each party shall, at any time and from time to time, execute, Grid and SCWA. acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably 33. IRemeval of Existing improvements. After Closing,Purehas€r requested by the other in order to carry out the intent and purpose of this ,hall be responsible for removing all improvements oil t"o RrPm ^P.~ contract. This subparagraph shall survive Closing.This paragraph shall sun4ve ..lesing Seller shall provide Purchasers (h) This contract is intended for the exclusive benefit of the parties with any—prie�s�x s, And regarding the Wo-ation of hereto and, except as otherwise expressly provided herein,shall not be existing redl" a^d underground a for the benefit of, and shall not create any rights in, or be enforceable .•bee@ ground fuel.~,sage taMics in cello 's possessien.Sell@~shell also by,any other person or entity. ,> fiem Fill utility companies ses4eing the premise 35. Counterparts: This contract may be executed in several counterparts, each of which shall be deemed an original, and all such 34. Miscellaneous. (a) All prior understandings, agreements, counterparts together shall constitute one and the same instrument. representations and warranties, oral or written, between Seller and However,the Contract shall not be effective or enforceable against any Purchaser are merged in this contract;it completely expresses their full party hereto until all parties have completely and properly executed at agreement and has been entered into after full investigation, neither least one counterpart of the Contract. This Contract may be executed party relying upon any statement made by anyone else that is not set by facsimile signatures, electronic (i.e. email) or portable document forth in this contract. format(".PDF")that shall be deemed originals with the originals to be (b) Neither this contract nor any provision thereof may be waived, provided within a reasonable time; facsimile signatures or PDF changed or canceled except in writing. This contract shall also apply to signatures shall be treated as original signatures;and facsimile or PDF and bind the heirs, distributees, legal representatives, successors and copies of this Contract shall be treated as original copies of this permitted assigns of the respective parties. The parties hereby authorize Contract. their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 36. Taxes upon Transfer: Seller hereby acknowledges that the (c) Any singular word or term herein shall also be read as in the plural Purchaser is an exempt municipal entity not subject to NYS transfer and the neuter shall include the masculine and feminine gender,whether taxes. Pursuant to NYS Tax Law Section 1404,the Seller shall have the sense of this contract may require it. the duty to pay such tax obligation. (d) The captions in this contract are for convenience of reference only and in no.way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any SIGNATURE PAGE FOLLOWS provision hereof. IN WITNESS WHEREOF,this contract has been duly executed by the parties hereto. Seller: Purchaser: TOWN OF SOUTHOLD JAMES KING By:SCOTT RUSSELL,TOWN SUPERVISOR DIANE COTUGNO Attorney for Seller: Attorney for Purchaser: XXXXXXX Paul M DeChance Esq. XXXXXXXXXXXX Town Attorney Address:XXXXXX Address: 54375 State Route 25 XXXXXXXX Southold,NY 11971 XXXX Town of Southold Tel:XXXX Tel:631-765-1939 t I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 10/30/2023 Number of Pages: 4 At: 12 :05: 13 PM Receipt Number : 23-0136953 TRANSFER TAX NUMBER: 23-09510 LIBER: D00013223 PAGE : 674 District: Section: Block: Lot: 1000 141 .00 04 . 00 010 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $40,000 . 00 Received the Following Fees For Above Instrument Exempt ,Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO EA-CTY $5 . 00 NO EA-STATE $250 .00 NO TP-584 $5. 00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $200 .00 NO Transfer tax $160 . 00 NO Comm.Pres $0 .00 NO Fees Paid $680 .00 TRANSFER TAX NUMBER: 23-09510 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County Nu nberof pages RECORDED 2023 Oct 30 12:05:1.3 PM This document will be public VINCENT PULEO CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L D000132.23 prior to recording. P 674 0T# 23-09510 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax , Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT. MTG.TAX Dual Town Dual County R.P.T.S.A. � Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYSSurcharge 15. 00 family dwelling only. Sub Total . YES or NO Other Grand Total k If NO, see appropriate tax clause on p of this instrument. ..� s 4 Dist.100n <anfinn 1 d 1 On I nl, -Lnn nn -Lf%4^ `'00 5 Community Preservation Fund Real Property 23042469 1000 14100 0400 010000 Consideration Amount $ Tax Service P T S IIIIIIII�II�II�II�II��II�II� Agency R pTy A IIIIIIII�II F ax Due $ Verification 11-OCT 2 Improved 6 SatisfactlOnoiv10%,nafyca/T%Ctcd5C5 u5t rroper[y UwnerS Maning Address RECORD&RETURN TO: lVacantLand PAUL M. DECHANCE, ESQ. TD PO BOX 1179 54375 MAIN ROAD TD SOUTHOLD, NY 11971 TD � Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.NameZENITH ABSTRACT,LLC www.suffolkcountyny.gw/clerk Title#ZA-9421-23 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFYTYPEOF INSTRUMENT) DIANE COTUGNO & JAMES KING, AS JOINT The premises herein is situated in TENANTS WITH RIGHTS OF SURVIVORSHIP SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over t Form 8004 —Quitclaim Deed—Individual or;Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,mad the day of Ra in the year 2023 BETWEEN Diane Cotugno and James King, as joint tenants with rights of survivorship, residing at 12655 Sound Ave, Mattituck,NY 11952, parry of the first part, and Town of Southold, a Municipality in State of New York, with an address at 54375 Route 25, Southold,NY 11971, party of the second part, WITNESSETH,that the parry of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described in Schedule "A" attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed made by County of Suffolk dated June 2, 1998, and recorded June 4, 1998 in Liber 11897 Page 228 in the office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con-sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: f DIANE COTUGNO J ES KING ' L STATE OF NEW YORK ss. STATE OF NEW YORK ss. COUNTY OF SUFFOLK COUNTY OF SUFFOLK On the day of hAWA in the year On the L I day of MW in the year 2023, before me, the undersigned, personally 2023, before me, the Jundersigned, personally appeared ((LQ "(Inb appeared , personally known to me 4 proved to me on the basis personally known to me or_prov to me on the basis of satisfactory evidence to be the individual(s) whose of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s), or the person on behalf of which the individual(s)acted,executed the instrument. individual(s) acted, executed the instrument. [add the following if the acknowledgment is taken [add the following if the acknowledgment is taken outside NY State] outside AT State] and that said subscribing witness made such and that said subscribing witness made such appearance before the undersigned in the (insert appearance before the undersigned in the (insert the city or other political subdivision and the State the city or other political subdivision and the State 1G paount j°or other place the proof was taken). or co`untr ®gI,,ofher place the proof was taken). 1k C .ci°°.\`'Pm �•`t.'�, `551nN a lCldO��vg{o ��ir�r otary PUb11C `t{r°°e� ��oik Co � Z r'° '�OTAP o fo c.�6{an ?ublic m.b` / N'0TAPy ® O 0 PUBLICati 00 PUBLIC re Cn�,cfOb3�G?sc TO /��'eo'4 ' (j) n`�4116y 'C�V e °TSF' iU 'EW YORK ss. ss. Wt1 I �OF SUFFOLK COi ,� `(�1 " '�J 1 OLK eeaate�asas On the day of in the year On the day of in the year 2023, before me, the undersigned, a Notary Public in 2023, before me personally came and for said State, personally appeared to me known,who, being by me duly sworn, did the subscribing witness to the foregoing instrument, depose and say that he/she resides at with whom I am personally-acquainted, who, being that he/she is the of by. me duly sworn, did depose and say that he/she/they reside(s) in the corporation described in and which executed the foregoing instrument;that he/she knows the seal of (f the place of residence is in a city, include the street said corporation; that the seal affixed to said and street number if any, thereofi; that he/she/they instrument is such corporate seal;that it was so know(s) affixed by order of the board of directors of said to be the individual described in and who executed corporation, and that he/she signed his/her name thereto by like order. the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. DISTRICT: 1000 Quitclaim Deed SECTION: 141.00 TITLE No. BLOCK: 04.00 DIANE COTUGNO AND JAMES KING LOT: 010.000 TO TOWN: SOUTHOLD TOWN OF SOUTHOLD COUNTY: SUFFOLK Recorded at Request of STEWART TITLE INSURANCE COMPANY RETURN BY MAIL TO: Distributed By TOWN OF SOUTHOLD PAUL M.DECHANCE,ESQ. PO Box 1179 54375 MAIN ROAD SOUTHOLD,NY 11971 Title Number: ZA 9421-23 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the ✓ Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Street where the same is intersected by the Southerly side of land of the Long Island Railroad Company; and RUNNING THENCE Easterly along Main Street 136.00 feet more or less to land of Henry P. Tuthill; THENCE Northerly along last mentioned land 83.00 feet more or less to land of the Long Island Railroad Company; THENCE Southwest along said Railroad land 160.00 feet more or less to place of BEGINNING. District 1000 Section 141.00 Block 04.00 Lot 010.000 FOR INFORMATION ONLY: Premises commonly known as: 12655 Sound Avenue, Mattituck, NY 11952 BEING AND INTENDED TO DESCRIBE the same premises as conveyed to the Grantor herein by Deed in Liber 11897 Page 228 1