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30016
SUFFOLK COUNTY
QUITCLAIM DEED
A1'TORNEY'S OFFICE
OWN OF SOUT:-iOLD
THIS INDENTURE, made the o?&/day of ~N~' 1988
BETWEEN the COUNTY OF SUFFOLK, a municipal "corporation
of the State of New York, having its principal office at the
Suffolk County Center, Center Drive, Riverhead, New York 11901,
party of the first part,
AND TOWN OF SOUTHOLD, 53095 Main Road, Southold, New York
11971, party of the second part,
WITNESSETH, that the party of the first part, pursuant to
Resolution Number 237-1988 adopted by the Suffolk County
Legislature on March 29, 1988 and, thereafter, approved by the
County Executive on April 14, 1988, 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 second part, the heirs or successors and assigns of
the party of the second part forever,
ALL, that certain plot, piece or parcel of land with any
buildings and improvements thereon erected, situate, lying and
being in the Town of Southold, County of Suffolk and State of
New York, and acquired by Tax Deed on February 16, 1982, from
Jean H. Tuthill, the County Treasurer of Suffolk County, New
York, and recorded on February 16, 1982, in Liber 9143, Page
44/45, and otherwise known as and by Town of Southold Sch Dist
9 N-V Todrick E-Agway Inc S-Oak PI W-Joel Nine,
FURTHER, notwithstanding the above description, it is the
intention of this conveyance to give title only to such property
as was acquired by the County of Suffolk by Tax Deed on
February 16, 1982 from Jean H. Tuthill, the County Treasurer of
Suffolk County, New York, and recorded on February 16, 1982 in
Liber 9143 at Page 44/45.
PROVIDED, however, that the party of the second part, will
be restricted in its use of the subject premises and will use said
premises solely and exclusively for affordable housing purposes;
all right, title, and interest will revert to the party of the
first part, at the sole option of the party of the first part, in
the event that the party of the second part, at any time uses or
attempts to use said subject premises for other than affordable
housing purposes, in accordance with the approved plan submitted
by the party of the second part. The reverter clauses contained
herein shall apply to the grantee, or any transferee from the
grantee formed pursuant to Article XIX - Affordable Home Ownership
Development Program of the Private Housing Finance Law of the
State of New York, or a not-for-profit corporation formed under
9402 of the Not-for-Profit Corporation Law for affordable housing
purposes.
Additionally, if anyone or more of the following occurs, the
property secured by this deed shall revert as herinbefore set
forth:
1. If the party of the second part fails to construct or
complete construction of affordable housing unit or units on
said property within three (3) years from the date of this
deed;
30016
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TRANSFER TAX ',""
SUfFOLK
COUNTY
10830 rC35
2. If the party of the second part sells or otherwise transfers
an affordable housing unit or units to 4 purchaser or
purchasers whose total annual household income, from all
sources, is above the maximum income limit;s, for' non-,targeted
areas in the State of New York Mortgage Agency's Affordable
Housing Program for Suffolk County;
3. If the party of the second part permits the affordable
housing unit or units to be occupied by a family whose total
annual income, from all sources, is above the maximum income
limits for non-targeted areas of the State of New York M~rtfigg~
Affordable Housing Program for Suffolk County; ge y s
4. If the party of the second part allows the total purchase
price of each affordable housing unit to exceed the sum of One
Hundred Thousand Dollars ($100,000.00);
5. If the party of the second part fails to certify to the
Suffolk County Department of Community Development prior to closing
of title with any affordable housing grantee:
a) the dates of completion and occupancy for any affordable
housing unit or units constructed or rehabilitated on said
property;
b) the total household income, from all sources, of the
purchaser or purchasers of the property and his or her family;
and
c) the total purchase price of the affordable housing unit
or units sold or otherwise transferred.
It is intended and agreed that the agreements and covenants
herein shall be covenants running with the land and that they
shall, in any event, and without regard to technical
classification or designation, legal or otherwise, and except only
as specifically provided herein, be to the full extent permitted
by law, binding for the benefit and in favor of, and enforceable
by, the party of the first part. It is further understood that
such agreements and covenants shall be binding only upon the party
of the second part, if it be a municipality or any assignee of the
party of the second part, formed under Article XIX of the Private
Housing Finance Law of the State of New York, or any affordable
housing corporation created under Article l5A and l5B of the
Gener~l Municipal Law of the State of New York, or any not-for
profit corporation formed under ~402 of the Not-for-Corporation
Law for affordable housing purposes, respectively, only for such
period as they shall have title to or an interest in or possession
of the property or part thereof.
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10830 rc '36
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. 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.
SUBJECT to all covenants, restrictions and easements of
record, if any.
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AND the party of the first part, in compliance with ~
Section 13 of the Lien Law, hereby covenants that the party~f
the first part will receive the consideration for this conv~ance
and will hold the right to receive such consideration as a~rust
fund to be applied first for the purpose of paying the cos~f
the improvement and will apply the same first to the payment of
the cos t of the improvement before using any part of the tbt'al oft
the same for any other purpose. ~
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THE WORD "PARTY" shall be construed as if it read
"parties" whenever the sense of this indenture so requires.
IN W~TRESSWHEREOF, the party of the first part has duly
executed this deed the day and year first above written.
In Presence Of:
COUNTY OF SUFFOLK, NEW YORK
BY'~t>- 9~
JOAN .
Commissi: ner
Department of Real Estate
10830 it ~
STATE OF NEW YORK, COURTY OF SUFFOLK
On the d3J)4l. day of ~~ 1988, before me personally
came Joan B. Scherb to nown, who, being by me duly sworn, did
depose and say that she resides at No. 96 C Stillwater Road,
Nissequogue, NY 11780; that she is the Commissioner of the
Department of Real Estate of the County of Suffolk, New York, the
municipal corporation described in and which executed the
foregoing instrument; that she knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal;
that it was so affixed by Resolution of the Suffolk County
Legislature and that she signed her name thereto by like order
being Resolution 237-1988 thereof.
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BARlWlA BRENNEIS
IlllIMV ==AlE OF Nf.W'IlIIK
lURlLK t<<l.~fD
1BIII DI'RS 31.
q~lTCLAIM D~~'
CR~AGO TITLE UiSm!1!1I CU;'iP A.~r
SUFFOL~ COUNTY
TO
TOWN OF SOUTHOLD
RECORD AND RETURN TO:
James A. Schondebare
P.O. Box 1179
Southo1d, NY 11971
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