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HomeMy WebLinkAboutBedell, John & SusanWICKHAM, WICKHAM ~ BRESSLER, P.C_ MATTITUCK. LONG ISLAND NEW YORK llgG~ RECEIVED TELEFAX NO. 631-EcJS-BSG5 August g, 2000__ T~ MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE I11 $ovthold Town Clerk Gregory F. Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 '. Re: Bedell to Lynne Bedell Vineyards, Peeonic, N.Y. Dear Oreg: This is to comqnn your verbal response refusing my request, submitted to you on June 21, 2000, for your approval of an exemption uuder the Peconic Bay Region Community Preservation Fund, Schedule C, Item J. You advised that you cannot approve the exemption because in your ophfion the statnte does not penrdt the granting of an exemption in this instance. To reiterate the basis for our claim for entitlement to an exemption, as presented to the Town Board at their meeting on June 20, 2000 and by numerous requests to you over the past several months, the parcel in question is a 42 acre parcel identified as Suffolk County Tax Map Number 1000-§5-2-10.3. The development rights to the entire parcel were sold to the County of Suffolk in 1984. At that time, the parcel was assigned a tax map parcel number separate frOln the adjoining property, and has continued to have a separate tax map parcel number to the present time. Southold To~u~ Code Section 6-g0 provides that a tax is due on the conveyance of real property or an iuterest in real property. Section 6-95 provides for an exemption for conveyances of real property when the "entire parcel" is subject to the development restr/ctions of a development rights. Neither the Southold Town Code nor the New York Tax Law Article Agreement 31D defines "pamel" or "entire parcel". However, the N.Y. Real Property Tax Law defines "parcel" in Section 102-11 as "a separately assessed lot, parcel, piece or portion of real property" (emphasis added). Clearly, the conveyance of a tax parcel to which development rights have been sold in thek entirety is exempt. This clear entitlement to ~an exemption is further supported by the legislative intent of the State Legislature to support "the unique rural character of the Peconic Bay region, including farmland ..... "hx line xvith the concept ofa "farmer-to-faxmer" exemption. Your statement that the Code's reference to an "interest in property" requires that a conveyance be construed as. aconveyance of the gran$or's entire interest in his entke property i~ t~dn~ nn interpretation well be,/ond the statutory lm~,,,]a~oe'and ~o 'led I,y Ihe iqn'~ [an,._,Tu~6c ol thc smtmc. The threshold quesfibn_ whether a'com'eyance is subject to'the sta~te, deper~dg on whether real property or an interest !n property iS being conveyed~, l;Iere, a, fee'interest i[the~parcel is being conveyed. The n~xt q)te~tlon/s Whe .... ' ' ' ' ' ..... [he~ ~e canveyance m exempt. Since the enttre parc~ ~s subje¢t to a de-~elopment ~ghts l~cSJ, l'JCltOll. Il Iq' e~cnl[?L. This i.e clear m~.~u,~un~ ,am.~'bTgra0~s~ancl~.~' ~,~ ~s~, ~ct m another inter, relation. 'i hcrcJbl'C, dlcl.exenlption II1LISl ~'~'13~r~ The Tm~ra's refusal to gragt an exemption in this matter is improper. We have attempted to work with you f~)r'months to obtain this exemption. Unless we are in receipt olean eXemptmr~ on tl~ prewously subrmttCd Pecomc Bay Regton form by Thur~day, August '10~ 2000, ~t 1.0:00 a~m., the parties intend to close the transaction by payment of the.tax.under pro'est aud s~ek areffind. A request for fees and possible sanctions for impr0p~r Tov~ efusal wSll acc~ompany th6, request. We. also reserve the right.to challenge the necessity f~or Tmxra approval by the.Town Attorney. A duplicate copy of the l~ecgnie Bay P~egion form is attached. Very truly yours, Abiga/1 A. Wickham AAt[Vdmc enc[ 30/shdat cc? Soutlvold Town Board R. Ryar~ Land Preservation Committee PUBLIC HEARING MAY 23, 2000 8:10 P.M. ON THE PURCHASE OF THE PARCELS OF BEDELL (SCTM #1000-97-1-25, 1000- 85-2-10.2, and 1000-2-10.3) MAIN ROAD, CUTCHOGUE. Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Counc/lman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: This is a hearing on development restrictions on Bedell property. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of Chapter 6 Section 6-95 (A), Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold will hold a public heating on the 23rd day of May, 2000, at 8:10 P.M., at the Southold Town Hall, 53095 Ma'm Road, Southold, New York, on the question of the purchase of the parcels of John C. & Susan Bedell, identified as SCTM #1000~97-1-25.1; 1000-85-2-10.2; & 1000-2-10.3 which consists of approximately 4_39 acres, located at Main Road, in the Hamlet of Cutchogue. Further Notice is hereby given thai the file containing a more detailed description of the aforementioned parcel is available in the Southold To~xm Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: May 9, 2000. By order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk". We have a notice of publication in the Suffolk Time, a notice of publication on the Southold Tow2 Clerk's Bulletin Board. Resolved that the Town Board of the Town of Southold hereby accepts developmant right restrictions pursuant to Southold Town Chapter 6-95 on a certain parcel of John and Susan Bedell. It is the feeling that the majority of the Land Preservation Committee that this wooded portion is also protection as contributing element to othenvise protected farm property. It serves as a buffer for the neighboring development residential plots. The town is not buying this_ We are accepting an easement on the property for a five-year term_ PH 5/23/00 C 2 k~ SUPERVISOR COCHRAN: You have heard the reading of the public notice in relation to purchase parcels firom John and Susan Bedell. Is there anyone that would l'tke to address the Board in relation to these easements? (No response.) If not, I deem the hearing closed. Sonthold Town Clerk TO: Jean W. Cochran, Town Supervisor ,FROM: Dick Kyan~ ChaLrman SUBJECT: 05/2~,/00 Pub!ia [[earing - Agricultural Easement - Bedeli Vineyards sc'TM~#1000-085-02-010.2, 010.3 and 097-01-025.1 ~ DATE: May 17 2000 Today, I met with Greg Y. to discuss the proposed easement, following the 05/I5 meeting of the LPC. The LPC ~av~rs the,offered 5-year easement, the terms of whiah have been worked nut between Bedelt, their attorney (Gall Wickhan~ Esq_), G-rep Y. and myself_ The LPC recognizes that the major portion of the entire parcel is covered by a Develapment Rights easement held.by Suffolk Couniy. The portion of the property covered by the offered easement is essentially the wooded part of the entire farm, which apparently was not eligible for inclusion in the SC DR easement program in 1984. It is tho feeling of a majority of the LPC that this~5~9~ also wor~h, hD(_~f proteetion,~ aa__a contributing ele~ment to an otherwise viab_lle ~rty a~Fves as a'buffer to the nei~ develope~ residential plots. The recommendationrto accept the agricukural easement is exclusive~to the above-noted f~rm and not to be construed'as applicable to any and every similar agricultural easement that may offered for other farm properties~ The LPC suggests that every such offered easement be evaluated 6n it's own special circumstances. Co: Town Board members LPC members Town Attorney 1VI Spko © © ELIZABETH A. NEVILLE TOWN CLERK REGISTI:L-kR OF VITAL STATISTICS I~LkRRL~.GE OFFICER ~RECORDS I~L~L~AGE]~fENT OFFICER FREEDO~ OF INFOt~LiTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 9. 2000: WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the ,~own Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, fi-om said tax to those purchasers of real property who will retain the property with development restrictions; and WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6~95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby setso:.'10p.m., Tuesday, May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcels of property fi-om John C. and Susan Bedell located at Main Road, Cutchogue, New York. SCTM# 1000~ 97-1-25.1, 1000-85-2-10.2, 1000-2-10.3. Southold Town Clerk May 9. 2000 LEGAL NOTICE NO'~ICE OF PUBLIC HEARING NOTICE IS' HEREBY GIVEN that pursuant to the provisions of Chapter 6 Section 6-95 (A), Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 23rd day of May 2000, at 8:t.~) P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the purchase of the parcels of John C. & Susan Bedell, identified as SCTM.~t 1.000-97-1-25.1; 1000-85-2-10.2; & 1000-2-10.3 which consists of approximately q.39 acres, located at Main Road, in the Hamlet of Cutchogue. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southoid Town Clerk's Office, 5outhold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. DATED: May 9, 2000 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE $OUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 18. 2000. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Member Town Attorney John C. ~, Susan Bec~ell STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE. Town Clerk of the Town of Southold. New York being duly sworn, says that on the 17fh day of I~y 20§0 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice of Public Hearing - Community Preservation Fund, Chapter 6 - Purchase of property of John C. & Susan Bedell, SCTM# 1000-97-1-25.1; Public Hearing~'@ 8~-10 P.M. on Tuesday. 1000-85-2-10.2; & 1000-2-10.3. May 23, 2000. ~.Elizabeth A. Ne~iile Southold Town Clerk Sworn to before me this 17thday of May , 200E. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF ~rITAL STATISTICS I~Lkt~IAGE OFFICER SECORDS i~LZkNAGEMENT OFFICER FREEDOM OF INFORM~kTION O~ICER © © Town I-I~JJ, 53095 Msin Road P.O. Box 1179 Southolfl, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY ADOPTED AT A REGULAR HELD ON MAY 9, 2000: WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, tho Town Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, from said tax to those purchasers of real p/operty who will retain-the property with development restrictions; and WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6=95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby setss.::10p.m., Tuesday, May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcels of property from John C_ and Susan Bedell located at Main Road, Cutchogue, New York, SCTM# 1000- 97-1-25.1, 1000-85-2-10.2, 1000-2-10.3. OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD THAT THE FOLLOWING RESOLUTION WAS MEETING OF THE SOUTHOLD TOWN BOARD - ~ ~. Neville Southold Town Clerk Ma,/ 9, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ix, LA~C~,R IAG E OFFICER RECORDS ~LkNAGEMENT OFFICER FREEDOM OF INFOfLM-ATION OFFICER Town Hall, 53095 N~aJn Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TIlE TOWN CLERK TO-~VN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION ' WAS ADOPTED AT A REGULAR MEETING OF T'HE SOUTHOLD TOWN, BOARD HELD ON MAY 9, 2000': Vft-IEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6~95, fi-om said tax to those purchasers of real property who will retain the property with development restrictions; and WHEREAS, ia furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6~95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby setsS:'10p.m., Tuesday, May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcels of property frown John C. and Susan Bedell located at Main Road, Cutchogue, New York, SCTM# 1000- 97-I-25.1. 1000-g5-2-10_2~ 1000-2-10.3. t ~A'. Neville Southold Town Clerk May 9, 2000 GREGO~R¥ F. YAKAI~OSKI TO\VN AT'FORNE¥ I~IAlly C. tJFIL$ON ASSIST_kNT TOV~2'4 ATTORNEY ,g~JEP-~ V¢ COGHI:LA2q , Stipervisor Town Hall. ~3095 Ro~x~e 25 P.O. Box 11¢9 Soxthold, New York 11971-0959 Telephone (631J 765-1889 Fax (631) 765-1823 E mail: to~nattorney~southold.org OFFICE OF THE TOX, VN ATTORNEY TOX.\qN OF SOUTHOLD March 31, 2000 Richard Ryan, Chairman Land Preservation Committee Southold Town Hall Southold, NY 11971 Re: John C. Bedell and Susan Bedell 36485 Main Road, Cutchogue, NY SCTM #1000-97-1-25.1, 1000-85-2-10.2 & 1000-85-2-10.3 Dear Dick: Attached you will find copies of correspondence received from Abigail A. Wickham, Esq., requesting the Town to consider an Agricultural Easement for 4.39 acres of the Bedell farm in Cutchogue. Any thoughts on this? _G re g o _ry F~.~..ak~ b o ski, Esq. Town AttOrney /md CC: Land Preservation Committee Super¥isor Cochran Town Board Town Clerk Melissa Spiro, Senior Planner WI LLIAM WICKHAM ~RIC J. BRESSLER ABIGAIL A, WICKHAM LYNNE M. GORDON JANET G£ASA WICk(HAM. WICKHAM & BRESSLER, P.C. i0315 MAIN ROAD, P.O. bOX 14~4 MATTItUCK, LONG ISLAND NEW YORK I]952 March 13, 2000 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE NEW YORK [I747 Gregory F. Yakaboski, Esq. Tox~qi At[omey Town of Southold 53095 Main Road, Post Office Box 1 i79 Sourhold, New York 11791 Re: John C. Bedell and Susan Bedell 36485 Main Road, Cutchogue, N.Y. SCTM# 1000-97-1-25.1, 1000-85-2-10.2 & 1000-85-2-10.3 Dear Greg: We are co-counsel for Jolm and Susan Bedell in comiection with the sale of their farm. We would like the Town to consider the enclosed Agricultm-al Easement on the rear 4.39 acre parcel. The development rights to tiffs parcel have not been sold but the parcel is used is exclusively for agriculture and will continue in that use for the indefinite future. In 1986, the development rights to the bulk of the farm (tax lot 10_3) conststing of 42.34 acres, were sold to the County of Suffolk. The Bedells retained the development rights to the house and winery, parcel on the Main Road and to the 4.39 acre parcel at the rear of the farm_ We are submitting a subdivision application to set offthe house and wineD,.p~ce! (mx lot 25. !) from the remainder of the farm. The property, is located in zoning district A-C Agricultural-Conservation. A copy of the map of the property is also enclosed. Please call me when you have had a chance to review this matter Very truly yours, /. ': Abigail A. Wickham encl./3Oshdtnatt NAR 2 7 2000 TO~ OF S0~3/0 GRANT OF AGRICULTURAL EASEMENT TI-frS AGRICULTURAL EASEMENT, is made on the day of March, 2000, made by JOHN C. BEDELL .42qD SUSAN BEDELL, residing 2420 Duck Pond Road, Cutchogue, New York 11935 ("Grantor") and the TOWN OF SOUTHOLD, a municipal corporatioh with offices at To~m Hall, Main Road, Southold, New York 11971 ("Grantee").. INTRODUCTION ~TiEREAS~ the Grantor i~ the owner in fee simple of 49.34 acres of certain rea/property located i~, the Town of Southold,.. Suffolk County, New Yoxk; hereinafter more fully described in Schedule A attached hereto, furth~er described ms Suff91k County Tax Map P~rcel Numbers 1000- 85-2-1~2, 1~00-8'5-2:10.3.& 1000-97-1-25.1; and ~EREAS, the Property is lqcated in the Agricultural-Conservation (A-C) Zoning District ofth~ To~vn of Southol& which designation, to the extent possible, is intended to prevent the urmecess~ry loss of those currently open lands which contain prime agricultural soils as outlined in the Town of S'outhold Code, Section 110-30; and WHEREAS, the Grantor has on January 20, 1984 conveyed the Development Rights to 42.34 acres ofthe aforesaid parcel to the Count5' of Suffolk by deed recorded in Liber 9501 page 83 (hereinafter the Farmland), and has retained the Development Rights to 4.39 acres of the aforesaidiparcel (hereinal~ter the' Encumbered Property); and WHEREAS, the Encumb.ered property contains a producing vineyard and woodland support acreage, which agricultural uses the Grantor intends to continue; and ~-I]~REAS, the Grantor wishes to grant an Agricultural Easement on the Encumbered Property so that it shall be and remain available for agricultural purposes and slxucmres relating to the agricultural use of the Farmland and other agricultural property of the Grantor, and shall be restricted to the placement of agricultural structures thereon and other agricultural operations; &nd WHEREAS, it is the policy of the Towaa of Southold, as; Plan of 1973, amended in 1986 and 1989 as adopted by the Tow] code, Section 272-a of the Towxx Law, to protect the Town's agri, rticulated in the To~a's Master t Board, Town of Southold :ultural economy; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the property is located, and the Grantor and Grantee have, in common, the purpose of objective of protecting and conserving the present state and inherent, tangible and intangible values of the'Farmland as an aesthetic, natural, scen/c and agricultural resource; and WHEREAS, the Grantor has determined it to be desirable and beneficial to grant an Agricultural Easement to the Grantee in order to restrict the further development of the Encumbered Property while permitting compatible agricultural uses and uses supportive of' agricultural thereon; NOW, THEREFORE, in consideration of the mutual interests of the Grantor and the Grantee in the preservations of the agricultural viability of the Property, and in consideration of the acquisition of the Development Rights to the Farmland by the Grantee, and other good and valuable consideration, the receipt and sufficiency are hereby acknowledged by both parties, the parties agree as follows: 1 Grantor's Warrant3, Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens, except those held by parties whose consent to the easement is appended hereto and that Grantor possesses the fight to grant this easement. 2 Grant of Easement Grantor hereby grants, releases and conveys to Grantee an easement whereby Grantor coven~ts, for itself, its successors and ~issigns, that the use of the Encumbered Property is and will. fop the entire duration of the easement, be.restricted to such structures and uses which are .excinsivel¥ agricultural in nature, including without limitation, maintenance cfa vineyar& and associated posts, wires and trellises, structures such as barns, greenhouses, sheds, pumphouses, loading areas, fences, driveways., signs, underground utilities, irrigalion structures, and other agricultural buildings; and uses such as farming operations, agricultural production, storage of ~c[U[plnenl mid agl'i.~cul.&ul-al pro.__d[icls, and related aclMlics, biJi exch,dhm~._am' residential or code.reeulati~,u tlsao(, or density or other rc.~triclion u fii2ctin.~u_thc I:ncuml,cre__d Pr__opcr2.v. 3 Duration This Easement shall be a burden upon and run with the Encumbered Property for three (3) years from the date hereof, and shall be automatically extended for successive periods of one (1) year tmless, prior to any anniversary date after the third anniversary of this agreement, Grantor'adviseg Grantee in writing that it is terminating this Easement. In such event, the Encumber~ed Property shall, upon the anniversary date of this Agreement first folloxving the deliver' of such notice, be thereafter free of the burdens and encumbrances of this Easement. 4 Effe6t The covenants, terms, conditions, resl~ictions and purposes of this Easement shall bind the successors and assigns of each of the parties respectively. Tiffs Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Grantee hereby accepts this Easement and shall have the right to enforce it against Grantor and all future o~mers, tenants, occupants, assigns and possessors of said Encumbered Property, and in such event, to recover its reasonable costs and expenses, including attorneys fees_ 5 Possession Grantor shall continue to have the right to exclusive possession of the Encumbered Property. Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Encumbered Property. 6 Use Grantor shall have the right to use the Encumbered Property in any manner and for any purpose consistent xvith and not prohibited by this Easement as xvell as applicable local, New York State, and federal law which will not defeat or derogate fi~om the pUrPoses of this Easement. 7 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Encumbered Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Encumbered Property, including the full names and mailing addresses of all Grantees, under any such conveyance_ The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, libor and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 8 Taxes and Assessments Grantor shall continue to pay ail taxes, levies, and assessments and other govemmentai or · municipal charges which may become a lien on the Encumbered Property, including any taxes or levies imposed to make those payments. .. 9 Third Parry' Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, reasonable attorneys' fees, judgments or reasonable expenses to Grantee or any of its. officers, employees, agcmts or independent contractors resulting: a) from injury to persons or damages to Encumbered Propert3' ari-sing from any activity on the Encumbered Property, except those due. to the acts of the Grantee, its officers employees, agents, or independent contractors; and b) from actions or claims of any namreby third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising from the acts o£ Gruntee, its. officers, employees, agents~ o~ independent contractors_ 10 Restoration Grantee shall have the right to requixe the Grantor to restore the Encumbered Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary.. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Encumbered Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, governmental authority or regulation, bona fide conservation or agricultural program, or from any prudent action tai~.n by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Encumbered Property resulting from such causes. 11 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of an3' term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to prevent irreparable injury to any protected aspects of tho Encumbered Property under this Easement), Grantee shail have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cure such breach, dethult or violation by temporary and/or permanent injunction, or (ii) to seek to enforce such other legai and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shah not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's pan wi~ respect to such breach, defauk, or violation or with respect to any other breach, default or violation of any' term, condition, covenant or obligation under tiffs Easement. Grantor shail pay~ either directly or by reimbursement tO Grantee, ail reasonable attorneys' fees, court cos.ts and other expenses ~ncurred by Grantee (herein called "legal expenses") in connection with an3' proceedings under this Section if Grantee prevails by order not subject to appeal. Grantee agrees to reimb~urse Gra/~tur for ail reasonable attorney's fees incurred in connection with any proceedings hereunder not brought or pursued in good faith by Grantee in which Grantor prevails b~r order not subject to appeai. 12 No Waiver Grantee's exercise of one remedy or relief under this Agreement shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exemise & delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or reliefur the use of such other remedy or relief at an)- other time_ 13 Entire Understanding This Easement contains the ~entire understanding between its parties concerning its subject matter. ,amy prior agreemer~t between the parties concerning its st~bject matter Shall be merged into this Easement and superseded by it. 14 Severabilitv Any provision of this Easement, restticting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be im,alidated. Instead, that provision shall be reduced or lirnkted to whatever extent that'court determines wilt make it enforceable and effective. Any other provision of tlxis Easement which is determhaed to be invalid or unenforceable by a court shall be severed from the other provisions, wkich shall rernain enforceable and effective. 15 Notice All notices required by this Easement must be written. Notices shall be delivered by registered or certifaed mail, return receipt requested, with sufficient prepaid postage affixed. Mailed notice to Grantor shall be addressed to Crrantofs address as recked herein, or to such other address as Grantor may designate by notice in accordance with this Section. Mailed notice to Grantee shall be addressed to its principal office, recited herein, or to such other address as Grantee may designate by notice in accordance with this Section. Notice shall be deemed given and received three business days after mailing. In witness whereof, the parties have executed .this agreement on the date above written. TO~ OFSOUTHOLD By STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On ., in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ., personally knoxx~ to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the insmament. Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK: SS: On , in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally knox~n to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public 2]/EASAG WILLIAM WICKHAM ERIC J. BREBBLER ABIGAIL ^, WICKhAM LYMME M. GOBDON O © LAW OFFICES WlCKHAM, WlCKHAM ~ BRESSLER, P.C. 102r5 MAIN ROAD, P.O. BOX 14Z4 MATTITUCK. LONG ISLAND NEW YORK 1195~ 631-298-8353 TELEFAX NO. ~31-~98~565 M ELVf LLE OFFICE BROAD hOllOW BOAD SUITE lmm M'ELVILLE. NEW YORK 11747 March 28, 2000 Gregory F. Yakaboski, Esq. To~m Attorney To~m of Southold 53095 Main Road, Post Office [lox 1179 Southold, New York 11791 Re: John C. Bedell and Susan Bedell 36485 Main Road, Cutchogue, NY SCTM # 1000-97-1-25.1, 1000-85-2-10.2, 1000-85-2-10.3 Dear Greg: Enclosed is a reduced version of the sm'ey in cotmecfion with Count)' Development Rights which more clearly shows the parcels referred to in my recent correspondence regarding an Agricultural Easement. Should you have any questions, please contact me. ~L4 30shdtnatt .?