Loading...
HomeMy WebLinkAbout1000-79.-5-16 (2) . . FilE COpy D Southold, N.Y. 11971 (516) 765-1938 June 22, 1987 Mr. Rudolph H. Bruer Attorney at Law Edson and Bruer Main Road, Southold, NY 11971 RE: Daniel Marcucci "Reydon Court" Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 15, 1987. RESOLVED that whereas, a formal application for the approval of a subdivision plat tntield "Reydon Court" located at Southold (tax map no. 1000-79-5-16) was submitted to the Planning Board on October 24, 1986, and the application fee was submitted on October 23, 1986 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Monday, May 11, 1987 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Daniel Marcucci for approval of said subdivision plat prepared by Howard Young and last dated March 12, 1987, be approved and the Chairman be authorized to endorse approval on said subdivision plat, subejct to the following conditions within six months from the date of the rsolution: 1. Payment of the inspection fee, 5% of the approved bond estimate of $65,000. 2. Receipt and acceptance of the performance, letter of credit, or passbook in the amount of $65,000 by the Town Board. . . Mr. Bruer Page 2 6/22/87 3. Filing of the covenants and restrictions as approved by Town Attorney, Francis Yakaboski, Esq., with the Office of the County Clerk and submitting a certified copy of .same to the Planning Baord Office. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~9~~~~I~ SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 0\,\1 any portion thereof, by the acceptance of a deed thereto, covenants '\ \~.,..... ~ $;~~~\~..~. d agrees that the premises so purchased shall be held subject to the ~;( ~I~ Kl ~~:~J#9pvenants, conditions, and restrictions hereinafter set forth. .,,~~:Wl' J/ "/ () '.' r::~ g 8 o 10 '~d o I,) (?=' o ~ - 0\\ \~ 10363rC41D . ?os--e y'3</Y DECLARATION OF COVENANTS RECEIVED BY SOUJHOLD TOWN PlANNING BOARD AUG 05 1987 AND RESTRICTIONS DATE DECLARATION made this Ol)ndday of ..::JUA/f- , 19~, by , having its principal office at 600 Fire Road, pleasantville, N.J. 08232, hereinafter referred to as "Declarant". WIT N E SSE T H : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Bayview, Town of Southold, county of Suffolk and State of New York, containing 13.8983 acres, and designated on the Suffolk county Tax Map as District 1000, Section 079, Block 05 and Lot 16; being the same premises conveyed to Declarant by deed dated July 16, 1986, recorded in the Suffolk County Clerk's Office on August 22, 1986, in Liber 10106 page 407, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(s) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) The words "Subdivision", "subdivision Map" or "Map", when used herein, are intended to mean the subdivision map of the premises entitled "Map of Reydo~ court, at Bayview, Town of Southold, Suffolk County, N.Y.", heretofore approved or about to be approved by the Southold Town planning Board, and filed or about to be filed in the Suffolk county Clerk's Office. , ;~ " "x -----. -\.\"<J ~' '-"""'. 10363 PC411 (b) "Lot" shall mean and refer to any and each of the pieces or parcels of land numbered 1 through 7, inclusive, as shown on the Subdivision Map, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developer" shall mean and refer to Long Shore Development Corporation, its successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. (e) "Homeowners Association" or "Association", as used herein, shall refer to an incorporated nonprofit organization operating under recorded land agreements through which each lot owner is automatically sUbject to a charge for a proportionate share of the expenses for the organization's activities. (f) "Open Space", as used herein, shall refer to that area shown and designated as "Open Space" on the Subdivision Map. (g) "Cutoff Date" shall mean and refer to that date on which Declarant conveys to the Homeowners Association all of its right, title and interest in and to the Open Space, which conveyance shall be evidenced by a writing filed in the same office as this Declaration. ARTICLE II - USE OF PROPERTY (a) No dwelling shall be erected having less than 1,600 square feet of interior living area. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall be sided with natural materials only, no vinyl or synthetic sidings will be permitted. Each dwelling shall have an attached garage with an asphalt or bluestone driveway extending therefrom to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungar aged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. ( 2 ) . . . 10363 pC412 . (d) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. (e) No more than two domestic pets shall be maintained on the premises by any lot owner. (f) Exterior clothes lines shall not be installed on any lot. (g) No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold or to the Homeowners Association. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. (h) No nuisance of any kind, or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (i) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swimming pool does not extend beyond six inches above the finished grade. (j) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot unless its location, screening, construction, height and aesthetics are approved by the Developer or, after the cutoff date, by the Homeowners Association. (k) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall remove, cause to be removed or allow to be removed, without the Developer's permission (or that of the Homeowner's Association, if after the Cutoff Date), from any part of the premises not designated as required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the (3 ) - -..... ---- ..--..._~-----~~------_._-_. .. --- 10363 P[413 end that all large trees not located within required bUilding areas of the various lots remain intact throughout the premises. I~ addition to the foregoing, any and all landscaping to the Lots shall conform in appearance and aesthetics with the surrounding neighborhood. It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to ARTICLE III - OPEN SPACE preserve the maximum open space, provide recreational opportunities for the Lot Owners, and to impose certain restrictions on the use of such open spaces for the purposes of maintaining natural beauty; preserving natural vegetation; preventing overcroWding; and cOnserving water resources. To effectuate such purposes, the fOllowing conditions, covenants and restrictions are hereby imposed on that portion of the premises designated as .Open Space. on the subdivision map, to wit: (a) No structures, other than tennis courts or other recreational facilities shall be erected or placed in or on any open space. (b) No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon, except during the construction of recreational facilities. (c) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such other removal of vegetation as may be required for the proper natural preservation thereof. (d) The use of the open space shall be SUbject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or its SUccessors and assigns. (e) SUbject to the foregoing provisions of this Article, the open space shall be Used solely for drainage and agricultural and recreational use of lot owners and their guests. (a) At such time as DeclarantA its successors and/or assigns, has ARTICLE IV - HOMEOWNERS ASSOCIATION conveyed four (4) of the seven (7) lots to the Lot Owners, they shall, at their own cost and expense, incorporate a not for profit Homeowners Association and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to ,the Open Space. '(4) . 10363 PC4ft . (b) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsibility for operation and maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be deemed as a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. (c) within sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. (d) The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: 1. The purpose of such Association shall be the preservation of community appearance, standards and values, the enforcement of these Covenants and Restrictions, and the control of and jurisdiction over all portions of the Open Space, owned in common by all the Lot Owners. 2. All decisions of such Association shall be .made by at least a majority of Lot Owner-Members in good standing. Each Lot Owner shall be entitled to one (1) vote at any meeting of the Association. Each Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety. Where such record ownership of any Lot is held jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such Lot Owner is entitled. Anyone Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. 3. The Association shall be perpetual; it shall purchase insurance, pay taxes, specify in its charter and by-laws an annual homeowner's fee. Each and every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. 4. The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due any and (5 ) 10363 P\415 all charges due the Association; all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 5. The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to, the Developer, the Homeowners Association, the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Homeowners Association, any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns in perpetuity. Excepted from perpetual status, however, are the provisions of Article II herein, which shall remain in effect until January 1, 2008, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots evidencing agreement to change such Article II, in whole or in part, shall have been recorded. Prior to the Cutoff Date, the Developer hereby reserves the right to annul, waive, change or modify any of the reservations, conditions, covenants and agreements herein contained, and the right to impose additional covenants as may be required by 'eit~er the Southold Town Pla~ng Board or the southOld~ I C. \ \\0\'i,1 any portion thereof, by the acceptance of a deed thereto, covenants '\ _.,J,t- ~~.,.~. I' I- /,:"'~=;::.~'[ld agrees that the premises so purchased shall be held subject to the ,J l~, " ":1 \~'<. .,~1\.'6.bvenants, conditions, and restrictions hereinafter set forth. ~ .. .~.~: 5~J "'-w.:.i.t;.J'" J/ .. A (0 \,~ . . ,~ g ~ I.) h.J Ii] '0 o o (1 o 8 o -- q\ ~ ..~ " l-...,J , I ~ ~,I . \' .1" . - ~ . . J " 10363PG4.i0 --- i?e~u.rl . bOS--SW!t/y St:,,,~- /111:>0- nf-5 - \ l..p RECEIVED BY SOIjJHOlD TOWN I'lAHNING BOARD AUG 0 5 1987 DECLARATION OF COVENANTS AND RESTRICTIONS DATE DECLARATION made this~~day of ..--:- ..:JUIJ& , 19E, by LONG SHORE DEVELOPMENT CORPORATION, having its principal office at 600 Fire Road, pleasantville, N.J. 08232, hereinafter referred to as "Declarant". WIT N E SSE T H : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Bayview, Town of Southold, County of Suffolk and State of New York, containing 13.8983 acres, and designated on the Suffolk county Tax Map as District 1000, Section 079, Block 05 and Lot 16; being the same premises conveyed to Declarant by deed dated July 16, 1986, recorded in the Suffolk County Clerk's Office on August 22, 1986, in Liber 10106 page 407, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(sl or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (al The,words "Subdivision", "Subdivision Map" or "Map", when used herein, are intended to mean the subdivision map of the premises entitled "Map of Reydo~ Court, at Bayview, Town of southold, Suffolk County, N.Y,", heretofore approved or about to be approved by the southold Town planning Board, and filed or about to be filed in the Suffolk county Clerk's Office. 10363 PC411 (b) "Lot" shall mean and refer to any and each of the pieces or parcels of land numbered 1 through 7, inclusive, as shown on the Subdivision Map, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developer" shall mean and refer to Long Shore Development Corporation, its successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. (e) "Homeowners Association" or "Association", as used herein, shall refer to an incorporated nonprofit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (f) "Open Space", as used herein, shall refer to that area shown and designated as "Open Space" on the Subdivision Map. (g) "Cutoff Date" shall mean and refer to that date on which Declarant conveys to the Homeowners Association all of its right, title and interest in and to the Open Space, which conveyance shall be evidenced by a writing filed in the same office as this Declaration. ARTICLE II - USE OF PROPERTY (a) No dwelling shall be erected having less than 1,600 square feet of interior living area. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall be sided with natural materials only, no vinyl or synthetic sidings will be permitted. Each dwelling shall have an attached garage with an asphalt or bluestone driveway extending therefrom to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. (2 ) .. '" . . , .'0 . 10363 rl;412 . (d) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. (e) No more than two domestic pets shall be maintained on the premises by any lot owner. (f) Exterior clothes lines shall not be installed on any lot. (g) No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of southold or to the Homeowners Association. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. (h) No nuisance of any kind, or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (i) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the SWimming pool does not extend beyond six inches above the finished grade. (j) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot unless its location, screening, construction, height and aesthetics are approved by the D6veloper or, after the cutoff date, by the Homeowners Association. (k) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall remove, cause to be removed or allow to be removed, without the Developer's permission (or that of the Homeowner's Association, if after the Cutoff Date), from any part of the premises not designated as required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the (3 ) 10363 P/.:413 end that all large trees not located within required building areas of the various lots remain intact throughout the premises. Ir addition to the foregoing, any and all landscaping to the Lots shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE III - OPEN SPACE It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space, provide recreational opportunities for the Lot Owners, and to impose certain restrictions on the Use of such open spaces for the purposes of maintaining natural beauty; preserving natural vegetation; preventing overcroWding; and conserving water resources. To effectuate such purposes, the following conditions, Covenants and restrictions are hereby imposed on that portion of the premises designated as "Open Space" on the subdivision map, to wit: (a) No structures, other than tennis courts or other recreational facilities shall be erected or placed in or on any Open space. (b) No sand, gravel, top soil or other. material shall be removed from any open space nor shall any such materials be deposited thereon, except during the construction of recreational facilities. (c) No trees, or other vegetation shall be remoVed from any open space except dead, diseased or decayed trees, or such other removal of vegetation as may be required for the proper natural preservation thereof. (d) The Use of the open space shall be SUbject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or its SUccessors and assigns. (e) SUbject to the foregoing provisions of this Article, the open space shall be Used solely for drainage and agricultural and recreational U&e of lot owners and their guests. ARTICLE IV - HOMEOWNERS ASSOCIATION (a) At such time as Declarant; its successors and/or assigns, has cOnveyed four (4) of the seven (7) lots to the Lot Owners, they shall, at their own cost and expense, incorporate a not for profit Homeowners Association and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to the Open Space. .. '. ~4) . - ...---_........----._..~_. --~-.~ 10363 PG414 . (b) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsibility for operation and maintenance of the Open Space shall lie with the Association. Every Lot Owner shall be deemed as a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. (~) Wi~hin sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. (d) The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: 1. The purpose of such Association shall be the preservation of community appearance, standards and values, the enforcement of these Covenants and Restrictions, and the control of and jurisdiction over all portions of the Open Space, owned in common by all the Lot Owners. 2. All decisions of such Association shall be made by at least a majority of Lot Owner-Members in good standing. Each Lot Owner shall be entitled to one (1) vote at any meeting of the Association. Each Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety. Where such record ownership of any Lot is held jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such Lot Owner is entitled. Anyone Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. 3. The Association shall be perpetual; it shall purchase insurance, pay taxes, specify in its charter and by-laws an annual homeowner's fee. Each and every Lot Owner shall be subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. 4. The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due any and (5 ) 10363 PI415 all charges due the Association; all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 5. The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Open space, and to secure the same by a lien on the Open Space. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to, the Developer, the Homeowners Association, the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general pUblic. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Homeowners Association, any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns in perpetuity. Excepted from perpetual status, however, are the provisions of Article II herein, which shall remain in effect until January 1, 2008, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots evidencing agreement to change such Article II, in whole or in part, shall have been recorded. Prior to the Cutoff Date, the Developer hereby reserves the right to annul, waive, change or modify any of the reservations, conditions, covenants and agreements herein contained, and the right to impose additional covenants as may be required by e"ither the Southold Town Planeg Board or the Southold . " ... ( r \ ~ '0 ,_.~---- . 10363 PI;416 ..-. ..... . Town Board to effectuate the premises as a cluster development, as defined in the Southold Town Code. All Lot Owners, their successors, administrators and assigns, shall be bound by any such future covenants and restrictions. (c) Limit to Developers' Obligations - Nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the Developer for its alleged failure to so supervise or enforce. Notwithstanding any provisions herein to the contrary, the Developer shall have no further obligations, duties or responsibilities pursuant to or resulting from this Declaration subsequent to the Cutoff Date. (d) Severability - Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof, and the same shall continue in full force and effect. (e) Reservation - Notwithstanding any of the above, the SS.: Open 1-1 STATE OF NEW YORK County 01 Sullolk I, JULIETTE A. KINSELLA, Clerk 01 the County 01 Suffolk end Clerk 01 the Supreme Court 01 the State 01 New York in and lor said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared t~}IJY1px,e9.,copy 01 ,/ J{) d /'- / .? - .? 7 Deed Liber L!t~~ Pg. "Y' Recoroe and that it is a just and true copy 01 such original .and :tlleiil'lJlllt7N of c!~t///Jd/J/-d yA-.f///{I~/~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal 01 said 6. county.~~~ ~.o.u.~ :~i~.. ~~..... ~~~.~'....... ~~(~ a & \ ~ Clerk. Form No. 104 n.'.'/M 'I /' STATE OF NEW YORK, COUNTY OF SUFFOLK~SS.: On thec12nA. day of .:::J:<..no , 1987, before me personally came Daniel Marcucci, to me known, who, being by me duly sworn, did depose and say that he resides at 214-17 27th Avenue, Bayside, New York 11361, that he is the President of Long Shore Development corp., the corporation described in and which executed the foregoing instrument; thatb~ le.'I"l"iO-.Lke seal vf 83irl ,..r""FeratisR, tR4L Lll~ seal affin....d .co -&a,';'J lIT6t....urn~tlt i'i sl11""h corp......rat_ 6e~1 bLac-:l:" ..{.....v ..,6 af[l^~~ ur ~dE~ sf tAe se3rd ~f al.~~LvL~ OL said ~u~~v~ ~inn, and that he signed his name thereto by like order. ~~~~bi~ ~RImI PII..,. Sf. Of NEW flIRIl """ SIIfRIl.K COUNTY cD! OPt ESAUGUSr 31.1989 (7 ) SU~FI/.E 1'15 . ">.' ", '" .~ --: J ')"',' :\, " "'}...." //,:'';'''", '...." iI'" ;;' JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS .. ..i.-,~--' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 ~. ".~-:.., " OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 29, 1989 /0 0 0 - 7'1-S - If-. John A. Bertani 1380 Oakwood Drive Southold, New York 11971 Dear John: Enclosed herewith is your $65,000 Letter of Credit with respect to Reydon Court at Bayview, which was released by the Southold Town Board on December 27, 1989 (copy of the resolution enclosed). Very truly yours, ~~ Judith T. T~ Southold Town Clerk Enclosure cc: Planning Board/' IroJ ~ @ ~ ~ W fr" lfll r JAN - 2--1~90 ' i L" l\..__.____.,._.. . <."I\iORTH- A - FORI<~ B~NI< The North Fork Bank & Trust Co. Subs/diary of North Fork Bankcorporalion. Inc. Home Office: Matlituck, New York 11952 July 23, 1987 Southold Town Planning Board Southold Town Hall P.O. Box 728 Southold, New York 11971 Re: Letter of Credit #M-8743/$65,OOO.OO Performance Bond, Reydon Court at Bayview Willia~ Walters, John Bertani & Anthony Pagoto Gentlemen: We hereby establish our Irrevocable Letter of Credit #M-8743 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Sixty-five Thousand and NO/100 ($65,000.00) u.S. Dollars. Said monies to the extent necessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete road improvements to the subdivision known as Reydon Court at Bayview, Town of Southold, Southold, New York. Funds under this Letter of Credit are available against the Town's draft on us presented at our office at 9025 Route 25, Mattituck, New York, no later than July 23rd, 1988. All drafts drawn hereunder must all also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under or in connection with the Performance Bond of William Walters, John Bertani and Anthony Pagoto. This Letter of Credit is not transferrable. This credit is subject Documentary Credits (1984 Publication #400, except as to the Uniform Customs Revision), International expressly provided herein. and Practices for Chamber of Commerce Very truly yours, THE .N9~rlORK BANK AND II. , .. ) 'tV1' ~- Robe~.t J. TRUST COMPANY By: Senior Vice President \:-\ rlr~ r~ @ ~ ~ W ~ J~ tIll I JAN - 2 1900 I I I I , I SO,t!T:,-I,(!(T' PLp.i':\iif": .. , JUDITH T. TERRY TOWN CLERK REGISTRAR Of VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765.1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $65,000.00 Letter of Credit for roads and improvements in the major subdivision of Reydon Court at Bayview, all in accordance with the recommendation of the Southold Town Planning Board, Superintendent of Highways Jacobs, and Sidney B. Bowne & Son, Consulting Engineers. ~~~ ~JUdith T. Te~' Southold Town .CIM"k December 28, 1989 "~._' ,.~_..,.."._-_.."-,,,..".._---~ "1 I- ',' .i II ".] ri- .J.; rL.....~_L:.:i. .,;1 JA _;~ii N - 2 1900 i ,--~_._._,. - . RAYMOND l. JACOBS Superintendent .'. Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 1r ,M6 Tel. 765-3140 734-5211 December 2, 199B Mr. Bennett Orlowski, Chairman Southold Town Planning Board 53095 Main Road Southold, New York 11971 Re: Reydon Court - Brook Lane Final Inspection Dear Mr. Orlowski: I have reviewed the town engineer's report of November 30th (attached) and concur with his findings. tfu lly, eP ;z:7c~ Ray nd L. Jacobs Superintendent Southold Town Highway cc: J. Richter ~!lwq DEe 0 3 l~~ Southold.Town Planning Board . . JEAN W. COCHRAN SUPERVlsOR - TOWN OF SOUTH OLD Fax. (516).765 - 3136 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel. (516) - 765 - 1802 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 30, 1998 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: Reydon Court - Brook Lane Final Inspection for Road Dedication SCTM #: 1 ODD-Section 79-Block 05 Lot No's. 16.5, 16.6, 16.8 & 16.9 Dear Ray: As per your request, I have completed the final inspection of the above referenced subdivision. Brook Lane consists of a short road that begins on the south side of Reydon Drive. This road has a fifty (50') foot Right-of-Way and it extends approximately two hundred fifty (250') feet in a southerly direction terminating in a Cul-De-Sac. The drainage for the road consists of catch basins, leaching pools and drainage pipes that divert overflow runoff into a drainage area within the existing open space. As per my last inspection, the only remaining item required for dedication was the guarantee that the necessary easements for maintenance of the drainage pipe and sump area were in place. This item has now been submitted by the applicant and the required easements are in the process of being filed with the County. At this time, all road improvements have been completed in a satisfactory manner and Brook Lane meets the minimum requirements listed in the Highway Specifications. If you have any questions concerning this report, please contact my office. . RAYMOND 1. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax. (516) - 765 - 1750 . JAMES A. RICHTER, R.A. ~ fb t1S ENGINEER TOWN OF SOUTHOLD Tel. (516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JULY 9,1997 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: REYDON COURT Brook Lane, Southold, NY. SCTM #: 1000 - 79 - 05 - 16 Dear Ray: As per your request, I have inspected the above referenced subdivision. The file for this project indicates that road and drainage construction was satisfactorily completed in 1988. At this time, if dedication is to be proposed, I offer the following recommendations: 1. The gutter line of the Belgian Block Curbing should be treated with a herbicide to kill the overgrowth of grass and weeds. 2. One or more of the street trees have died. The dead trees should be removed and replanted with new ones. 3. A pile of tree branches has been dumped along the side of the road in front of a vacant lot. Shoulder areas of the road should be cleared of all debris. The above referenced items are minor and can easily be accomplished. In general, Brook Lane appears to meet the minimum requirements for dedication to the Town. If you have any questions concerning this report, please contact my office. cc: Bennett Orlowski, Jr. (Chairman - Planning Board) rely, amd~i* illill~~UW~rnI. 0<1 ilr:1 I il HI L JUL 9 1991 :~ L__.__...:.J SOU.~H(;LCI TJWN PLANNiNG BOARD om ~LIC NOTICE .. j?.b 1'[ 3 iZy! tf4CMflfI(J~ Utf'/D -r7€U s. r US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, N.Y. 10278-0090 ATTN: Regulatory Branch In replying refer to: Public Notice Number: 97-00310-L2 Issue Date: February 12, 1997 Expiration Date: March 14, 1997 To Whom It May Concern: The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC 4 ,'fP"'.~f'i' the Clean Water Act (33 USC 1344). D r:LL'~.., I APPLICANT: Reydon Shores Property Owners Association, Inc. U 1 FEB I 9 ~~~ili~~~ ~~31197l L_.,,; .~v..; ,,1 ACTIVITY: Dredge with ten years maintenance and upland disposal; install floats W A TERW A Y: Southold Bay, Shelter Island Sound LOCATION: Village of Southold, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, CENAN-OP-RE __ PUBLIC NOTICE I\W~0310-L2 .. with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However,' pursuant to Section 7 of the Endangered Species Act (16 V.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or included in, the Register within the permit area. Presently unknown al"'Cheological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, V.S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 V.S.C. 1456 (c)l, for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and will be conducted in a manner that is consistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 41 State Street, Albany, New York 12231, Telephone (518) 474- 3642. Comments regarding the applicant's certification, and copies of any letters to this office commenting upon this proposal. should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under consideration: New York State Department of Environmental Conservation Permit Town of Southold Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Sophie Ettinger. Enclosures -w /h/.AI-l o ph J. seebode' ./' - U;' C ef, Regulatory Branch FOR THE DISTRICT ENGINEER: CENAN-OP-RE _. PUBLIC NOTICE NO. ~ O-L2 .. WORK DESCRIPTION The applicant, Reydon Shores Property Owners Association, Inc., has requested Department of the Army authorization to replace, repair and install floats, and dredge material from an existing marina h;1 Southold Bay, Shelter Island Sound at Village of Southold, Town of South old, Suffolk County, New York with ten years maintenance and subsequent upland disposal. The work would involve dredging, by clamshell bucket, with ten years maintenance, material from the entrance to the marina and within the marina area itself to a depth of 4 feet below mean water, removing approxhnately 2,400 cubic yards of material. Two additional dredging events for the marina area and five additional dredging events for the entrance to the marina are anticipated during the ten year life of permit, removing an unspecified quantity of material dependent solely on the severity of storms especially during winter months, but not expected to exceed 2,400 cubic yards. Material from initial and subsequent dredging events would be used as backfill behind the existing bulkhead and/or placed no less than 10 feet above the mean high water line for dune stabilization. The applicant also proposes to repair and/or replace deteriorated floats and install two new 3 foot by 20 foot fmger floats. The stated purpose of this project is to provide adequate mooring facilities. 3 N Dune EL 5.5' >: ~ ~ B. Y 1 :. . ". '4' .. .. " SOUTHOLD BAY MLW '- --.....-- -- ----- -t- r.-. - ---.-. -_._--~. I I (45') I Photo Detail (3) J K' MHW ."-- Dredge Malerial Disposal Area - (225') ( ISO') Drcdp.~ MlIlc:nlll Dispusal Arc." (2) New Floating Docks Volume to be Dredged Clam Shell Bucket Method Ent~ce to Marina 400 cu yds FloatlOg Dock Area 2000 cu yds Owners-of Record Adjacent to Project (1) Mr. & Mrs. C. Me Connack (2) Paradise Aqua Fanns, Inc. Average Depth below ALW [2.75'] Proposed Deprh below ALW [4'] "" -D( 1" = 50' .:,., .-.......... --.-.. )- Wetlands SHc~"T io Suffolk County Tax Map 80-3-21 I Reydon Shores Prop. Owners Marir Southold Bay Reydon Shores Prop Owners Assoc Harold Reebel \ Dec-10-1996 PROPOSED DUNE RESTORATION ""\ -'>--- .. ~N - -- ..- - - - -- - - -- ~ -- - - - ..... - Sand for Dune RestoratlOlT - - - - -_ _ -= =- == = == -= = ~ - - ..=- ~ -- .:c::::. - _. -- . -- ... - - ,- -- - -- - -.. S:~:~;~~~xi~t~~:_~ \\ \'\ \ .-~,~ EL 5.5' \\111. -----~ ~.~'- ~_~\\l~:~-=-~-~-~ \\~-WI_~ WI. Approximately 1600 cu yds of sand to restore eroded dune Vertical Scale 3/4" = 5' Horizontal Scale 3/4" = 5' t ~ !- W U1 -:r \f' . . <. (10')) MHW \ \\ \~~\ '\~'" MLW "-------,-. ~ . . Suffolk County Tax Map 80-3-2.1 Reydon Shores Prop Owners Marina Soutold Bay Reydon Shores Prop Owners Assoc. Harold Reehel January 10 1997 4 <:::'U1=I=.,- 2 nf=- N Dredge Material Disposal Area Existing Dune /' 0 J' I. " I I Scale 3/8" = I' L .) U U j It V ~LJ ENTRANCE TO MARINA SA Y 1 ); /- I~ uJ ~ . . . VICINITY "AP ~C"'l' '"N FHT fP.ll,...ut-lRC61Wl+1.K'" o 1000 2000 : , MHW- l' MLW-r Existing Depth (3') Proposed Depth [4'] Existing Bottom " Distance (32') 'I \1 ,I , I I Reydon Shores Prop Owners Marina Southold Bay Southold Reydon Shores Prop Owners Assoc Harold Reebel December 10 1996 ~t_FT 3 OF'4 N~ Dredge Material Disposal Area Existing Dune !' 0 f I I.. . I Scale 3/8" ~ I' \ '-' ~ SA Y FLOATING DOCK AREA VICINITY IIAP ~CA~~I~'.IiT f"P.Q..,~tlFt4'L1i\Otl~"* . . . MHW --- 1 i Existing Depth (3') T MLW . 'I Proposed Depth [4'] Reydon Shores Prop Owners Marina Southold Bay Southold Reydon Shores Prop Owners Assoc Harold Reebel December 10 1996 ~HE.iE:-T4ot' DEPARTMENT OF THE ARMY u.s. ARMY ENGINEER DISTRICT, NEW YORK JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE. $300 . Z'Otoh. Pl.;':'! OJ;> Z'Oi;,VlVJ:Jv, 80r.r.r 80D'z.1!. ~~ SO~OLD OLD ' 5.3 OJ;> , Ny 095 Ji'J:Cli; 1.1.9 / ~J:N 1. l?04D .. ~ .. FIRST-CLASS MAIL U.S. POSTAGE PAlO NEW YORK, N.Y. PERMIT No. 23 . )":;"'-:.. ".',~i:"l,:".<'~ , : ,,,-~^<>~-:~ {' 'A .' '~.;:... \. S!' ,J i" '"~ -.:. '1 ..;,~,~..:'~L",t~~! ::~. .';'~ .';~.l .~~\,,.}' .'. '11 . 'v'." ---:..., ' :I .' y- , .'''- ./ ::':~:~ri':';'~ ,. . Town Hall. 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Reydon Court SCTM #1000-79-5-16 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they release the bond in the amount of $65,000.00 for this major subdivision located at Southold. Enclosed please find the reports from Ray Jacobs and Sidney B. Bowne & Son, recommending the release of the above mentioned bond. If you have any questions, please do not hesitate to contact this office. ..: Very truly yours, Bennett Orlowski, Jr. Chairman cc: John Bertani enc. jt RAYMOND L. JACOBS Superintendent " . Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 December 15, 1989 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Redon Court, Southold (SBB No. 87237) Dear Mr. Orlowski: . ill -..-. ~@~OW~IT1! DEC15. Il"!): e1'7$-3140 734-5211 . SOUTHOLD TOWN PlANNING BOARD ,---- I have inspected the above named subdivision, find everything in order, and agree with Sidney Bowne's inspection of September 13th (SBB No.87237). I recommend the release of the bond. Respectfully, R'Y.'~ J",b, Superintendent of Highways '.-> ~ ':.' , ;.~.'.':'.:.'...:.'~t~\ ....., ~; ~'~ ", :~."..., .1." .....: -::<. g'. 'l .".i:''':".._. \ . '. ':~" i--?i ",;",.;;,,;_.:"~~,r '. >":'. ",''1./1 ''l. . -'",O;r"l/ , 'l ~j,"~)t' ;"-'?'::;:;':;;:;:.;~" .' . Town HalL 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 1989 Ray Jacobs Highway Department RE: Long Pond Estates SCTM n1000-52-8-(1-4) Reydon Court SCTM *1000-79-5-16 Dear Ray: Please inspect the above mentioned subdivisions, as the applicants are awaiting to get released from their bonds. Please note that the work has been completed as per Sidney B. Bowne's letter of August 1989 for Long Pond Estates, Section I. The Planning Board has inspected this property and feels everything is completed. It would be appreciated if you could inspect and forward your report to this office before the next Town Board meeting, which is on Tuesday, September 26, 1989 Thank you. f1~.y truly yourSi /1 t? 6:, ..,; , I I / // " .c::~- ~ '/ f' ';1P 0/.tv'~v-~-.-t- ,.&1-v> WOO . BENNETT ORLOWSKI,JR. CHAIRMAN jt - Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. B~ackman, P. '0" George A. Style, P,E. Jerry D. Almon!, P,E George L. Fagan, Jr., Ph I '" SIDNEY B. BOWNE & SON <tJ~ tff~ 45 Manor Road . rn @ rn 0 W ~ ~ ~mi:;~~)~'2~:66~ ~ 787 SEP L L 1988 l~ . Roland Anders Frank Capobianco Roger L Cocchi FrancisJ.Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Stevens WilliamT. $Iyne Richard B. Weber Thomas R. Pynchon, L.S .../ SOUTHOLO TOWN PLANNING BOARO September 13, 1988 Mr. Bennet t Or lows k i, Jr; Ch airman TOi/N OF SOUTHOLD Pl ann i ng Boar d 53095 Ma in Road Southo 1 d, New Yor k 11971 Re: Redon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB No. 87237) S.C.T.M. 1000-79-5-16 Gentlemen: An inspection of this subdivision was conducted by this office on 9/9/88. We find that the wearing (top) course of asphalt has been placed satisfactor ily and the shoulder areas hydro seeded. The developer has provided an asphalt apron at the end section, which at this time seems adequate. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS RAS :r p c.c: Ray Jacobs, Supt. of Highways Ray Dean M/2 MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Employer M/FIH Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. . SIDNEY B. BOWNE & SON C(j'~If~ 45 Manor Road 00 Smithtown, N.Y. 11787 (516) 724-0611 AlJG I 0 1988 . ~@~D\Yl~ George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. Thomas R. Pynchon, L.S. August I, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Mai n Road Southold, New York 11971 Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) S.C.T.M.: 1000 - 79 - 5 - 16 Gentlemen: An inspection at this subdivision was conducted on 7/29/88. We find that the 18" CM Pipe to the retention leaching area has been installed satisfactorily. However, the end section at the outfall has not been installed. The wearing (top) course has not been placed, as of this date. Very truly yours, SIDNEY B. BOWNE & SON CONZ:;2-~ ROBERT A. STANTON, P.E. CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equ.1 Opportunity Employer MIFIH 00 Roland Anders Frank Capobianco Roger L. Cocchi FrancisJ. Lynch Philip Schlotlhauer Joseph F. Stegman Paul F. Stevens William T. Styne Richard S. Weber ~ . Sidney B. Bowne, P.E., l.S. ( 1922-1959) Chester C Kelsey, P.E., LS. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., loS. /' SIDNEY B. BOWNE & SON 'II~C~ 45 Manor Road Smithtown, N.Y. 11787 fOJ ~ @ ~ 0 \Yl ~ (516) 724-0611 UI] George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan, Jr., Ph.D., P,E. Thomas R. Pynchon, L.S. July 20, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Inspection, Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB No. 87237) S.C.T.M.: 1000 - 79 - 5 - 16 Gentl ernen: An inspection at this subdivision was performed by this office on 7/19/88 and we find that the wearing course was not been placed to date. Very truly yours, SIDNEY B. BOWNE & SON CONSUL NG ENGINEERS fJ~L ROBERT A. STANTON, P.E. CSH:rp xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Employer MlFIH Roland Anders Frank Capobianco Roger L COcchi Francis J. Lynch Philip Schlotzhauer Joseph F. Siegman Paul F. Sle....ens William T Styne Richard B. Weber l, . ~ ~@~nw~J~l, . ," AI'- ii, JOHN BERTANI WILLI AM WALTERS ANTHONY PAGOTO 1380 Oakwood D~ive Southold, New Yo~k 11971 ~fpJ,~~k~;N'!;",^ I July 14, 1989 Town of Southold Planning Boa~d Main Road Southold, New Yo~k 11971 Re: Reydon Cou~t Subdivision Southo1d, New Yo~k Dist. 1000-Sect. 079-B10ck 05 Gentlemen: All wo~k has been completed on the ~oads in the above subdivision. We would like to have you ~e1ease the bond on the roads. Please make the necessa~y final inspection and advise us as soon as possible if all is in o~de~. Thank you. Since~e1y, c~~~' Sidney B. Bowne, P.E., loS. (1922-1959) Chester C Kelsey, P.E., loS. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, loS. Zabdiel A. Blackman, P.E., loS. 4IIDNE~B. BOWNE & sot Cdf'~tff~ 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 . George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. Roland Anders REC Frank Capobianco rn E/VED BY Rog" L Cooch' ~ullTllW.n!'l '"eo" J. Lyeoh "Ji U IAfII!"!Phili Schlotzhauer J eph F. Stegman aul F. Stevens WilliamT. Styne -R,jchard S. Weber [JATE Thomas R. Pynchon, L.S. June 10, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Pl anning Board 53095 Mai n Road Southold, New York 11971 Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) S.C.T.M.: 1000 - 79 - 5 - 16 Gentlemen: An inspection at this subdivision was conducted on 6/9/88 by this office. We find that the asphalt base pavement has been placed and is acceptable. Pipe has not been installed, to date, in the easement area. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ~~(:- CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equ.l Opportunity Emptoyer MlFIH . D Southold, N.Y. 11971 (516) 765-1938 June 9, 1988 Rudolph Bruer Main Road Southold, NY 11971 RE: Reydon Shores SCTM #1000-79-5-16 Dear Mr. Bruer: Enclosed please find a copy of the Engineer's report dated May 23, 1988. If you have any questions, please do not hesitate to contact this office. 2f:;;a BENNETT ORLOWSKI,JR. CHAIRMAN jt ";"2 f~=-~ Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. / SIDNEY B. BOWNE & SON <ff~C~ 45 Manor Road Smith town, N.Y. 11787 (516) 724-0611 . George A. Style. P.E. Jerry D. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. Roland Anders Frank Capobianco Roger L Cocchi RECEIVED 8..7 F",o;, J Lyooh S ,T .. Philip Schlotzhauer OIlTHOLD TOWN PlANNING 80AIIf ~~~~P: ~,,:~,;,m," MAY 3 1 1(.1;::.1. ~illi'm T. Sty", ;:Iv.:J V Richard B. Weber DAlE Thomas R. PynchOn, L.S. May 23, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) S.C. T.M.: 1000 - 79 - 5 - 16 Gentlemen: An inspection at this subdivision was conducted on 5/20/88 by this office. We find that the roadway has been graded and is acceptab 1 e for the i nsta 11 at i on of the stone blend or cr ushed concrete base course. The application of this base course will be closely monitored during the course of the installation. Very truly yours, SIDNEY B. BOWNE & SON CONSUL~ING ENGINEERS ~ Ro~::tidTf!.~t CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Employ... MIFIH Sidney B. Bowne, P.E., loS. (1922-1959) Chester C Kelsey, P.E., l.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, l.S. Zabdiel A. Blackman, P.E., loS. . SIDNEY B. BOWNE & SON '?f'~~~ 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 . George A. Style, P.E. Jerry D. Almonl. P.E. George L. Fagan, Jr., Ph.D., P.E. Thomas R. Pynchon, L.S. May 19, 1988 Mr. Bennett Or 1 owsk i, Jr.. Cha irman TOWN OF SOUTHOLD Planning Board 53095 Ma inRoad Southold, New York 11971 Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) S.C.T.M.: 1000 - 79 - 5 - 16 Gentlemen: An inspection at this subdivision was conducted on 3/28/88. We find that the roadway has been rough graded, but the subgrade is still too high additional material must be removed and subgrade regraded, as required. The pipe easement from the catch basin to the retention leaching area has been cleared, but to date, pipe has not been installed. Please advise us if any action was taken on our initial recommendation (see SBB letter dated 2/8/88). Ver y tr ul y your s, B. BOWNE & SON TING ENGINEERS (l)Jk~/- ROBER! A. SrANION, P.t. CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) Roland Anders Frank Capobianco Roger L. Cocchi Francis J. Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Stevens William T. Styne Richard B. Weber MAY 20 1988) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Employer M1FIH Sidney B. Bowne, P.E., L.S. 1'922-'959) Chester C Kelsey. P.E.. L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. .. SIDNEY B. BOWNE & SON 'if~g~ 45 Manor Road Smithtown, N.Y. 11787 (516)724-0611 .. ~ "'-. ,," Rolllnd Anders R0ger L. Cocchi FranClsJ Lynch Phil<p Schlotzhauer Joseph F. SIegman Paul F. Slevens William T. Slyne RiChard B Weber George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan. Jr.. Ph.D.. P.E. Frank Capobianco, C.E. February e, 1988 thomas R. Pynchon. L.S. Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTH OLD Planning Board 53095 Hain Road Southold, New York 11971 , Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) Gentlemen: A field inspection was conducted on 2/4/88, by Mr. Raymond Dean and Mr. C.S. Heffernan, both of this office. We found that the main access road had been cleared and rough graded and the leaching pools at the cul-de-sac installed in an acceptable manner. However, we do have some comments that should be reviewed: 1. Access to the retention area shown, in the event of dedication, is questionable. We suggest that consideration be given to make this area accessible from North Bayview Road. 2. The installation of the pipe from the catch basin to this- retention leaching area (335 l.f.) be closely monitored and the pipe and pipe joints be left exposed (not backfilled) un.til inspected by this office. 3. The installation of an additional manhole within this 335 l.f. pipe run for maintenance considerations. Very truly yours, SIDNEY B. BOWNE & SON CONSUL~. ENGIN ERS Ae/:U<<j, W-- CORNELIU~HEfF~RNfN xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) . MINEOLA . SMITHTOWN . I'J:;W YORK CITY . CLEARWATER An EQu.1 Opportunity Employer M/FIH ~......",~;-.:,.,..:.., '. . . " . ~Or="T"'I. ^ - FOMI<~ B.4NI< The North Fork Bank & Trust Co. Subsidiary of N'orth Fork Bsnkcorporation, Inc. Home Office: MaHituc:k; New York 11952 July 23, 1987 Southold Town Planning Board Southold Town Hall P.O. Box 728 Southold, New York 11971 Re: Letter of Credit #M-8743/$65,000.00 Performance Bond, Reydon Court at Bayview William Walters, John Bertani & Anthony Pagoto Gentlemen: We hereby establish our Irrevocable Letter of Credit #M-8743 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Sixty-five Thousanq and NO/100 ($65,000.00) U.S. Dollars. Said monies to the extent necessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete . road improvements to the subdivision known as Reydon Court at Bayview, Town of Southold, Southold, New York. -- Funds under this Letter of Credit are available against the Town's draft on us presented at our office at 9025 Route 25, Mattituck, New York, no later than July 23rd, 1988. All drafts drawn hereunder must all also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under or in connection with the Performance Bond of William Walters, John Bertani and Anthony Pagoto. This Letter of Credit is not transferrable. This credit is subject Documentary Credits (1984 Publication #400, except as to the Uniform Customs Revision), International expressly provided herein. and Practices for Chamber of Commerce Very truly yours, ( " ; t Senior Vice President . D Southold, N.Y. 11971 (516) 765-1938 April 13, 1988 Rudolph Bruer Main Road Southold, NY 11971 RE: Reydon Shores SCTM 11000-79-5-16 Dear Mr. Bruer: The following Action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer's report dated March 30, 1988. If you have any questions, please do not hesitate to contact this office. Very truly yours, 6~o-~4# BENNETT ORLOWSKI,JR.v CHAIRMAN y- U jt Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. . SIDNEY B. BOWNE & SON '6'~ tff~ 45 Manor Road Smithtown. N.Y. 11787 (516) 724-0611 . George A. Style, P,E. Jerry D. Almont, P.E. George L. Fagan, Jr" Ph.D., P.E. Thomas R. Pynchon, L.S. March 30, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Pl anning Board 53095 Main Road Southold, New York 11971 Re: Reydon Shores, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) S. C. T. M.: 1000 - 79 - 5 - 16 Gentlemen: An inspection at this subdivision was conducted on 3/28/88. We find that the Belgium Block curbin9 has been installed and with the exception of some minor remedial work, is acceptable. The drainage easement south of the cul-de-sac has been cleared in anticipation of pipe installation. We have attached our letter dated 2/8/88 listin9 our recommend- ations on this project. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS CSH:clg xc: Ray Jacobs, Supt. /Hwys. Ray Dean (SBB) Enc. !-IPR-,. MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equ.1 Opportunity Emptoyer MlFIH Roland Anders Frank Capobianco Roger L. Cocchi FrancisJ. Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Stevens William T. Styne Richard S, Weber Sidney B. Bowne, P.E., LS. (1922-1959) Chester C Kelsey, P.E., LB. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E.. LB. . SIDNEY B. BOWNE & SON '{f'~tff~ 45 Manor Road Smith town, N.Y. 11787 (516) 724-0611 . Roland Anders Roger L. Cocchi FrancisJ. Lynch Philip Schlotzhauer Joseph F. Stegman Paul F. Stevens William T. Slyna Richard S. Weber George A. Style, P.E. Jerry D. Almont, P.E. George L Fagan, Jr., Ph.D., P.E. Frank Capobianco, C.E. Thomas R. Pynchon, L.S. February 8, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTH OLD Planning Board 53095 Main Road Southold, New York 11971 c.-.<r Re: Reydon .sR9ri!s, Major Subdivision, Southold, Town of Southold, New York (SBB 87237) Gentlemen: A field inspection was conducted on 2/4/88, by Mr. Raymond Dean and Mr. C.S. Heffernan, both of this office. We found that the main access road had been cleared and rough graded and the leaching pools at the cul-de-sac installed in an acceptable manner. However, we do have some comments that should be reviewed: 1. Access to the retention area shown, in the event of dedication, is questionable. We suggest that consideration be given to make this area accessible from North Bayview Road. 2. The installation of the pipe from the catch basin to this retention leaching area (335 l.f.) be closely monitored and the pipe and pipe joints be left exposed (not backfilled) until inspected by this office. 3. The installation of an additional manhole within this 335 l.f. pipe run for maintenance considerations. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGIN ERS r xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Emp'oyer MIFIH . Southold. N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision. minor subdivision, site plan) Major subdivision of Reydon Shores, Southold Hamlet Southold MATERIAL SUBMITTED: File # Suffolk County Tax Map No. 100Q-79-5-l6 Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Please review the road construction on this subdivision Comments: Very truly yours, BENNETT ORLOWSKI, JR.,CHAIRMAN SOUTHOLD .TOWN PLANNING BOARD . . G J<;,) hVt r $)d.~ ~~-I.- & ~# ~r<J>c~r ~F~\l (j)-rf~~0-~~t: P4S p~~fb~r ~ ;J-~/~/ . !!u--~ ~~ ~~~~~~ ~r-~A /lLdd-<2~ td-~~.~k '--- ~uvr~~~ ~, . ()>J't \~ C()~ ~ \\)~ . . PHONE: .548~34.50 SUFFOLK COUNTY CLERK'S OFFICE JULIElIE A. KINSELLA. COUNTY CLERK RIVERHEAD. NEW YORK 11901 September 18, 1987 Town of Southold Assessor Town of Southold Planning Board Chief Deputy County lreasurer To Whom This May Concern: The Subdivision Map Of: REYDON COURT Was Filed, September 17, 1987 @ 4:07 p.m. Filed Number, 8395 Abstract Number, 10591 Township, South old Owner: Anthony Pagoto, John Bertani, & William J. Walters Map Department Very truly yo~/ . _ ;......{u~ a. ~ . ..'--"'........ciJ~7IT'(tfe7R..;:.;-~~~ RECEIVED BY SOUTHOLD TOWN HANNING BOMlD SEP 211So{ DATE - Form No.4 9 12-157;68. lb . ,\ . (@) T , ,;-;ilmll,., ' . I.~'~' ,'" ',"~..'l' _"-"'.J' .L · " ",11 ,~! '~I I'" cL "', \i~~, l..v) :~~Ji. '" 4~t . :f~ "-'. . '1J,'~1" . "~t{!);..~~!, -- . - LD Southold. N.Y. 11971 (516) 765-1938 RECE\iED BY SOU1liuLu 1m". rUllllllliG BOMlll SIP 1 1 J987 DATi: Southold Fire Commissioners Southold Fire Department Main Road Southold, NY 11971 Re: Major subdivisions: Papadopolous and Maragos "Reydon Court" (Marcucci) Dear Sirs: Enclosed are two subdivision proposals located at Southold which are currently pending before the Planning Board. The Planning Board requests your recommendations on the placement of fire wells within these subdivisions. Thank you for your assistance in reviewing these plans. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ttoRg~~i.~~N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary encs. -DrA Nt - (?ga tJ Ll (L PJb IV LeoN V~I25A-7It1;J, ---liTA-rJ /ti. ----Fi2~...,g ... .. . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICI' OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1987 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gent lem en: The Southold Town Board, at their regular meeting held on July 28, 1987, accepted Letter:of CreditiIM-8743, in the amount of $65,000.00, as a Performance Bond for roads and im..rovements in the major subdivision known as I . r. . Very truly yours, ~L Judith T. Terry Southold Town Clerk cc: Rudolph H. Bruer, Esq. .. r~O"TI-I ^ . FO"I<~ ElAN 1< . . The North Fork Bank & Trust Co. Subsidiary of North Fork Bankcorporstion, Inc. Home Office: Malliruck, New York 11952 July 23, 1987 SQuthQld TQwn Planning BQard SQuthQld TQwn Hall P.O. BQX 728 SQuthQld, New YQrk 11971 Re: Letter Qf Credit #M-8743/$65,OOO.OO PerfQrmance BQnd, ReydQn CQurt at Bayview William Walters, JQhn Bertani & AnthQny PagQtQ Gentlemen: ~ We hereby establish Qur IrrevQcable Letter Qf Credit #M-8743 in YQur favQr and authQrize YQU tQ draw UPQn this Bank up tQ an aggregate amQunt Qf Sixty-five ThQusand and NO/lOO ($65,000.00) U.S. DQllars. Said mQnies tQ the extent necessary tQ cQmplete the imprQvements hereinafter set fQrth and referred~- tQ herein shall be paid UPQn demand by the TQwn BQard tQ cQmplete rQad imprQvements tQ the subdivisiQn knQwn as ReydQn CQurt at Bayview, TQwn Qf SQuthQld, SQuthQld, New YQrk. Funds under this Letter Qf Credit are available against~he TQwn's draft Qn us presented at Qur Qffice at 9025 RQute 25, Mattituck, New YQrk, nQ later than July 23rd, 1988. All drafts drawn hereunder must all alsQ be accQmpanied by the TQwn's signed statement certifying that the amQunt drawn represents sums due under Qrin CQnnectiQn with the PerfQrmance BQnd Qf William Walters, JQhn Bertani and AnthQny PagQtQ. This Letter Qf Credit is nQt transferrable. This credit is subject DQcumentary Credits (1984 PublicatiQn #400, except as tQ the UnifQrm CustQms RevisiQn), InternatiQnal expressly prQvided herein. and Practices fQr Chamber Qf CQmmerce Very truly YQurs, By: , THE N9R'(IORK BANK AN; TRUST \ I I' I " I I) , ''tv,\ J..-._ Rpbert J.. " . )'J ) I' \.- '- , J COMPANY SeniQr Vice President / I ) \ ,\" , ' NOMTH ^ . FOMI<~ B4NI< . . RECEIVED BY s~6t l~tP~~BOMl\l FIl [ COpy " DATE The North Fork Bank & Trust Co. Subsidiary of North Fork Bankcorporation, Inc. Home Office: Mallituck, New York 11952 July 23, 1987 Southold Town Planning Board Southold Town Hall P.O. Box 728 Southold, New York 11971 Re: Letter of Credit #M-8743/$65,OOO.OO Performance Bond, Reydon Court at Bayview William Walters, John Bertani & Anthony Pagoto Gentlemen: We hereby establish our Irrevocable Letter of Credit #M-8743 in your favor and authorize you to draw upon this Bank up to an aggregate amount of Sixty-five Thousand and NO/100 ($65,000.00) U.S. Dollars. Said monies to the extent ~ecessary to complete the improvements hereinafter set forth and referred to herein shall be paid upon demand by the Town Board to complete road improvements to the subdivision known as Reydon Court at Bayview, Town of.Southold, Southold, New York. Funds under this Letter of Credit are available against the Town's draft on us presented at our office at 9025 Route 25, Mattituck, New York, no later than July 23rd, 1988. All drafts drawn hereunder must all also be accompanied by the Town's signed statement certifying that the amount drawn represents sums due under or in connection with the Performance Bond of William Walters, John Bertani and Anthony Pagoto. This Letter of Credit is not transferrable. This credit is subject Documentary Credits (1984 Publication #400, except as to the Uniform Customs Revision), International expressly provided herein. and Practices for Chamber of Commerce Very truly yours, ~HE ,N9~~ORK BANK AND I I f /) Yr'. '", By: \.,.IY" Robert j. 'I . \ ) 'I TRUST COMPANY Senior Vice President \, , ,,\ . . !l'a..tJ#- OF JUN 19 1987 (fJud .xi rc~. 54075 MAIN RD. COR. BECKWITH AVE. P. O. BOX li92 SOUTH OLD, N. Y. 11971-0992 (516) 765-1401 NANCY M. WINTERLING LEG.....L ASSISTANT IRWIN R. KAPLAN OF COUNSEL. June 18, 1987 Bennett Orlowski Southold Planning Board Town Hall Southold, New York 11971 RE: Reydon Court (Marcucci) Dear Chariman Crlowski: This is to confirm telephone advices given to your office today that the above property is being sold by Mr. Marcucci, and that my client will be assuming all of the obligations heretofore agreed to by Mr. Marcucci. In lieu of posting a $65,000.00 bond, the purchasers will submit a letter of credit from the North Fork Bank and Trust Co. For your records, I am enclosing a photocopy of the Contract of Sale, which sets forth all of the pertinent details of the trans- action. The new owners will be William J. Walters, residing at Wetphalia Road, Mattituck, New York; Anthony Pagoto, residing at 50 Roosevelt Street, Garden City, New York; John Bertani, residing at 1380 Oakwood Drive, Southold, New York. Thank you for your courtesy and attention in this matter. Very truly yours, /tJaat (!~. PAUL A. CAMINITI PAC/bak _.A"~ Enc losuro/fi""'V d~~ \X MAP GNATION 1000 079.00 05.00 ),016.0 '-'UU".~L <11 .".,., . . J.U~.c;..uns O,".,r ~;"U.VVV fOHSULT YOUII LAWYIR 811FORI SIGHING THIWTRUMINT-THIS INSTRUMENT SHOULD 81 . 8Y LAWYIRS OI&Y. NOTE: nRE LOSSES. This form of contract contains no express provision a. to risk of loss by fire or other casualty I.. lore delivery 01 Ihe deed. Unle.. e.pre.. provision is m.de. lhe provision. 01 Seclion S-1311 01 lhe Gener.1 Obli..lion. Law will .pply. This stelion .Iso pl.ce. risk 01 loss upon purch...r il litle or po.....ion is Ir.nslerred prior to clolin.. I" j-l1 THISACREEMENT, m.delhe - d.y 01 April . nineleen hundred .nd eighty-seven BETlWEEN LONG SHORE DEVELOPMENT CORPORATION, a Delaware corporation, having its principal office of business located at 600 Fire Road, Pleasantville, New Jersey herein. her described as Ihe ..lIer, .nd WILLIAM J. WALTERS, ANTHONY PAGOTO and JOHN BERTANI, c/o Paul Caminiti, Esq., Main Road, Southold, New York hereinafter described &. dte purchaser. wrrNESSETH Ih.t lhe ..lIer ..rees 10 ..II .nd convey, .nd lhe purch...r .gre.. 10 purch.... .11 Ih.t cert.in plOI. piece or p.rcel 01 I.nd.' with lhe building. .nd improvemenls thereon erecled. .itu.le, lying .nd being in the Town 0 f Southold, County of Suffolk and State of New York, more particularly described in Schedule A annexed hereto I. Thi. s.le includes .11 righ., .ille .nd in.ere.t, il .ny, 01 .he ..lIer in .nd 10 .nJ> I.nd lying in lhe b.d 01 .ny .Ireel, ro.d or aVenue opened or proposed. in front of or adjoinin8 said premiles. to the center line thereof. and .11 risht. title and interest of the seller in and to an)' award made or to he made in lieu thereof and in and 10 any unpaid award for dam.st to said premises by reason of c.hance of arade of any street; and Ihe seller will execule and deliver 10 Ihe purchaser. on clolin. of title, or lhere.fter, on dem.nd. .11 proper in.lrumenl. lor lhe convey.nce 01 .uch litle .nd lhe ...i.nmenl and colleclion 01 any IUch award. ~ 2. ~~~is FIVE HUNDRED FIFTY THOVSAND and nO/100-------------------------------- ____________________________ ($550,000.00) ----------------------- Dolla". payable as lollow", FIFTY-FIVE THOUSAND and no/100--------------- ($55,000.00) ------------------ Dolla... on lhe sipine 01 lhis conlrlct. by check subjecl.to collection. lhe receipt 01 which is hereby acknowledced: FOUR HUNDRED NINEl'Y-FIVE THOUSAND and no/100:..----------------- ($495,000.00) -------------Dolla". in cash or eood certified check to lhe order of lhe ..lIer on lhe delivery of Ihe deed IS hereinaher provided; by rhe purchaser or assigns execuling. note secur~d by a purchase money Dolla". Icknowledeine I ..erine 10 lhe ..lIer a bond or. al Ih. option of lhe ..lIer, a or'galc on the above premises. in that amount. payable erest at the by tuina title subject to . mortgage now a lien on said premises in that amount. bear rate of per cent per annum. the principal beinl due and payable loadher with interest at the rate of per cent se er at e expense of the purchaser t who and subordinate to the lien of the existina: mortgagt of $ eXlensions thereof and to any mortgage or consolidated mortl_lt which may be placed on the leu .hereof. and to any exlensions thereof provided '(a) lhalthe inlere.t rat. lhereol .hall not be gr. per cent per annum and (b) Ihat, if the principal amount thereof shall exceed the amoun 'nclpal owing and unpaid on said existing mortgage at the time of placine such new mortgage or co mortgage, the u.cess be paid to the holder of such purchase money mortgage in reduction of the pri ereof. Such purchase money- mortgage shall also provide that such payment to the holder lhereof .hall r or allecl Ihe regular in.tallments, if any. of p,incipal payable thereunder and .hall furlher provide 0 der thereof will. on demand and without charce therefor. execute, acknowledge and deliver any agree. I:t.t~ ,,11th lMJherdiRali8R. ~-f.-.4here be a morlgale certificate executed and acknowledged by the holder of such mortgage and in form for recording. certif e amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest ,n the seller shall pay the fees for recording such certificate. Should the mortgagee be a bank or 0 .' u Ion as defined in Section 27 4.a. Real Property Law, the mortgagee may. in lieu of the said Celt' . rms a letter signed by a duly authorized officer. or em. ployee. or asent. containing !he informatio . to set forth in said certificate. Seller represents that such mortgage will not be in default at or 0 t e delivery of the deed hereunder and th.t neither said mortgage. nor any modification thereof con ' rovlsion to accelerate payment. or to cha.nge any of the other terms or provisions thereof by reason of the 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachment. of sloops. .rus, cenar stept. trim and cornices, if any. upon any slrf:f:t or highway. " . , 7. All notes or notices of violations of law or municipal ordinances. orders or requirf:menls noted in or issued by the Depart. ments of Housing and Buildings. Fire, Labor. Health, or other State or Municipal Department having jurisdiction. against or alfecting tbe premi... at the date hereof, .hall be complied with by th. .eller and the premi.e. .hall be conveyed free of the same. and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish thf: purchaser with an authorization to make the necessary starches therefor. '6;--A1I-ob~gations-alle<tinc-the_prem;-, i.......d und.r the---f;me::;;c~ :~",;ir>--l'f""";n' ~ l~~ ~d~ni'lr";U' ("....t. nl the City of New York (s"ction. 564-18.0. etc ) pcioz..-to--l......kli r .ed .hall pa' an ISC arged by the ..lIer 'UJ'011' il.e-Je'tivefy-el---the--dted. I hi) pr~vr-'i", thl d,li..try of the deed 9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess. ment or assessments which are or may become payable in annual installments. of which the first installment is then a charge or lien. or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including tho.. which are to become due and payable aher the delivery 01 the de.d, .hall be deemed to be due and payahle and to be liens upon the pr.mi... allected Ihereby and shall be paid and discharged by the ..lIer, upon the d.livery 01 the d.ed, 10. Th. following are 10 be apportioned: ~~i..::~~~.ew~;:~lep.r:~.~;' .tdiT~~:~I:J~...~:"~~~~' ;t...;:ir~~& trab,:~i:a~:.t~'r.:i" y::~it which as..s..d, (~t~... IR Ihe hll;.-<>f Iha ..landlr Yllr (I) F...t "..y .:Len (12/1 - 11/30) aMi' CluJI',i, 'IIt ,,,o'~"" I,,"o,i,, ,II~ Ci,yo! Nnu Yort. Cl..u'i, IlIlI.all, oMitftd i' ,II,,.-o',,.,y .,,.o.i,. ,II, Ci'y 0' N"..Yo,l. .' J ('L'( ,111Il/(CU(1'111Il.Jit,'I(/Ullll '-'llIljIUfIU .r New lork . Tille No. 121-5-3440 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, Suffolk County, New York, known and designated as follows: BEGINNING at the southwesterly corner of plot No. 24, Block H, as shown on a certain map made July 22nd, 1930, by Daniel R. Young, R.E. & L.S., entitled "Map of Reydon Shores, Inc.," Bayview, L.I., N.Y., in the Town of Southold, Suffolk County, N.Y., and filed in the Office of the Clerk of Suffolk County, Riverhead, New York, on July 1st, 1931, as Map No. 631, RUNNING THENCE in an easterly direction along the southerly line of Block H to the southeasterly corner of siad Block H; RUNNING THENCE Southerly on a line which said line would be a prolongation of the easterly line of Block H. to a point on the northerly side of North Road; RUNNING THENCE along the northerly line or side of North Road to a stone monument set at the point of intersection of the northerly side of North Road and the easterly side of Reydon Drive; RUNNING THE~CE in a straight line to a stone monument which straight line is the easterly side of Reydon Drive and which stone monument is shows on the above mentioned Map of Reydon Shores, Inc.; and which is also approximately 50 feet easterly from another stone monument set on the easterly side of plot 54 Block C, on said mentioned map; RUNNING THENCE as the road known as Reydon Drive winds and turns to the point or place of beginning, SCHEDULE' B DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 19__, by LONG SHORE DEVELOPMENT CORPORATION, having its principal office at 600 Fire Road, pleasantville, N.J. 08232, hereinafter referred to as .Declarant.. WIT N E SSE T H : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Bayview, Town of southold, County of Suffolk and state of New York, containing 13.8983 acres, and designated on the Suffolk County Tax Map as District 1000, Section 079, Block 05 and Lot 16; being the same premises conveyed to Declarant by deed dated July 16, 1986, recorded in the Suffolk County Clerk's Office on August ~2, 1986, in Liber 10106 page 407, and referred to herein as the .premises.. WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements, NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(s) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) The words "Subdivision", "Subdivision Map. or .Map., when used herein, are intended to mean the subdivision map of the premises entitled "Map of Reydon Court, at Bayview, Town of southold, Suffolk County, N,Y,., heretofore approved or about to be approved by the Southold Town Planning Board, and filed or about to be filed in the suffolk county Clerk's Office. " . . SC!lBDl'LE B (cant' eI) . . (b) "Lot" shall mean and refer to any and each of the pieces or parcels of land numbered 1 through 7, inclusive, as shown on the Subdivision Map, and particular Lots shall be identified herein according to the respective numbers appearing on such subdivision Map. (c) "Developer" shall mean and refer to Long Shore Development corporation, its successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. (e) "Homeowners Association" or "Association", as used herein, shall refer to an incorporated nonprofit organization operating under recorded land agreements through which each lot owner is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. (f) "Open Space", as used herein, shall refer to that area shown and designated as, "Open Space" on the Subdivision Map. (g) "Cutoff Date" shall mean and refer to that date on which Declarant conveys to the Homeowners Association all of its right, title and interest in and to the Open Space, which conveyance shall be evidenced by a writing filed in the same office as this Declaration. ARTICLE II - USE OF PROPERTY (a) No dwelling shall be erected having less than 1,600 square feet of interior living area. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall be sided with natural materials only, no vinyl or synthetic sidings will be permitted. Each dwelling shall have an attached garage with an asphalt or bluest one driveway extending therefrom to the street pavement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. ( 2) SCHEDl'IE B (=nt' (I) (d) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. (e) No more than two domestic pets shall be maintained on the premises by any lot owner. (f) Exterior clothes lines shall not be installed on any lot. (g) No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold or to the Homeowners Association. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. (h) No nuisance of any kind, or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (i) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swimming pool does not extend beyond six inches above the finished grade. (j) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot unless its location, screening, construction, height and aesthetics are approved by the Developer or, after the cutoff date, by the Homeowners Association. (k) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall , remove, cause to be removed or allow to be removed, without the Developer's permission (or that of the Homeowner's Association, if after the Cutoff Date), from any part of the premises not designated as required building area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the (3 ) . . S4iiDULE B (oont'd) . end that all large trees not located within required bUilding areas of the various lots remain intact throughout the premises. In addition to the foregoing, any and all landscaping to the Lots shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE III - OPEN SPACE It is the intention of the Declarant that the premises are to be sUbdivided and developed as a cluster type development in order to preserve the maximum open space, provide recreational opportunities for the Lot Owners, and to impose certain restrictions on the use of such open spaces for the purposes of maintaining natural beauty; preserving natural vegetation; preventing overcrowding; and conserving water resources. To effectuate such purposes, the following conditions, covenants and restriptions are hereby imposed on that portion of the premises designated as "Open Space" on the subdivision map, to wit: (a) No structures, other than tennis courts or other recreational facilities shall be erected or placed in or on any open space. (b) No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon, except during the construction of recreational facilities. (c) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such other removal of vegetation as may be required for the proper natural preservation thereof. (d) The use of the open space shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant, or its successors and assigns. (e) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and agricultural and recreational use of lot owners and their guests. ARTICLE IV - HOMEOWNERS ASSOCIATION (a) At such time as Declarant, its successors and/or assigns, has conveyed four (4) of the seven (7) lots to the Lot Owners, they shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to the Open Space. ( 4 ) SCHEDl'LE B (cont' d) (b) Upon the creation of the Homeowners Association, as hereinbefore provided, all responsibility for operation and maintenance of the Open space shall lie with the Association. Every Lot Owner shall be deemed as a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. (c) Within sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto shall be approved by the Town Board of th~ Town of Southold. (d) The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: 1. The purpose of such Association shall be the preservation of community appearance, standards and values, the enforcement of these Covenants and Restrictions, and the control of and jurisdiction over all portions of the Open space, owned in common by all the Lot Owners. 2. All decisions of such Association shall be made by at least a majority of Lot Owner-Members in good standing. Each Lot Owner shall be entitled to one (1) vote at any meeting of the Association. Each Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety. Where such record ownership of any Lot is held jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such Lot Owner is entitled. Anyone Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. 3. The Association shall be perpetual: it shall purchase insurance, pay taxes, specify in its charter and by-laws an annual homeowner's fee. Each and every Lot Owner shall be subject to a . proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space. 4. The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due any and ( 5 ) . . .EDlLE B (=nt'd) . all charges due the Association; all such unpaid charges shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. 5. The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted SOlely to, the Developer, the-Homeowners Association, the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Homeowners Association, any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, until January 1, 2008, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions, in whole or in part, shall have been recorded. Prior to the Cutoff Date, the Developer hereby reserves the right to annul, waive, change or modify any of the reservations, conditions, covenants and agreements herein contained, and the right to impose additional covenants as may be required by either the Southold Town Planning Board or the Southold ( 6 ) SCHEDL~ B (cont'd) Town Board to effectuat~ the premises as a cluster development, as defined in the Southold Town Code. All Lot Owners, their successors, administrators and assigns, shall be bound by any such future covenants and restrictions. (c) Limit to Developers' Obligations - Nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the Developer for its alleged failure to so supervise or enforce. Notwithstanding any provisions herein to the contrary, the Developer shall have no further obligations, duties or responsibilities pursuant to or resulting from this Declaration subsequent to the Cutoff Date. (d) Severability - Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof, and the same shall continue in full force and effect. (e) Reservation - Notwithstanding any of the above, the Open Space shall remain in perpetuity. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first above written. STATE OF NEW YORK, COUNTY OF SUFF~ LONG , SS.: On the day of , 1987, before me personally came Daniel Marcucci, to me known, who, being by me duly sworn, did depose and say that he resides at 214-17 27th Avenue, Bayside, New York 11361, that he is the President of Long Shore Development Corp., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public ( 7 ) . . " " . . RIDER, consisting of four typewritten pages, attached to and forming part of Contract of Sale dated April , 1987, by and between LONG SHORE DEVELOPMENT CORPORATION, hereinafter referred to as Seller, and WILLIAM WALTERS, hereinafter referred to as Purchaser. Anything hereinbefore contained to the contrary notwithstanding, it is agreed: FIRST: The premises are sold subject to the following: A) Any state of facts as shown on a survey made by Howard W. Young, dated June 11, 1986, and any state of facts a surveyor inspection of the premises made since that date may show, provided such additional facts do not render title unmarketable. B) Telephone easement in Liber 1601 page 197 which effects streets only.. C) Proceedings now pending before various local governmental bodies and agencies to obtain necessary approvals for subdivision of the premises, and including any covenants, restrictions, dedications and easements given or made in connection with such proceedings. (Annexed hereto as Schedule B is a proposed declaration required as a condition of final approval by the Planning Board of the Town of Southold.) SECOND: The Seller shall not be required to bring any action or proceeding to render title to the premises marketable and shall not be required to incur any expense to cure any defects in title referred to in Paragraph First of this Rider. The Seller agrees to cure any other defects which render title to the premises unmarketable provided that the cost of curing the same does not exceed Ten Thousand Dollars ($10,000.00) in the aggregate and can be accomplished prior to the time set herein for closing. In the event that the cost of curing such other defects exceeds said sum, or if the Seller shall otherwise fail to deliver marketable title in accordance with the terms and conditions of this Agreement, or be unable to comply with the commitments, representations or conditions on the part of the Seller to be performed as set forth herein, except in the case of the Seller's willful default, the sole obligation of the Seller shall be to refund the Purchaser's downpayment'made hereunder and to reimburse the Purchaser's downpayment made hereunder and to reimburse the Purchaser for the cost of title examination, and, upon the making of such refund and reimbursement, this Agreement shall wholly cease and terminate, and neither party shall have any further claims against the other by reason of this Agreement, and the lien, if any, of the Purchaser against the premises, shall wholly cease. The acceptance of a deed by the Purchaser shall be deemed to be a full performance of, and discharge of, any and all agreements and obligations on the part of the Seller to be performed pursuant to the provisions of this Agreement, except those, if any, which are herein specifically stated to survive delivery of the deed. THIRD: The Purchaser has inspected the premises or caused an inspection thereof to be made on the Purchaser's behalf, and it is agreed and understood that neither Seller, nor any persons purporting to act for the Seller, has made or now makes any representations as to the physical condition, or any other matter or thing affecting or relating to the premises, except as specifically set forth. The Purchaser hereby expressly acknowledges that no representations have been made, except as expressly set forth herein, and the Purchaser further agrees to take the premises "as is" and in their present condition. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are hereby merged in this Agreement, which alone fully and completely expresses their Agreement, and that the same is entered into after full investigation, ne1ther party relying upon any statement or representations made by the Seller or the Purchaser which is not embodied in this Agreement. FOURTH: This Agreement may not be recorded or assigned by the Purchaser except to an entity in which the named Purchasers are principals.. FIFTH: The Seller agrees to obtain any and all approvals necessary under the "Gains Tax Law". The Purchaser agrees to execute, simultaneously with the signing of the Contract, and immediately upon receiving notice of need for execution of any additional returns or affidavits, such returns and affidavits as may be required of him in order to enable Seller to obtain such approvals. The Seller will be responsible for payment of the Gains Tax, if any. SIXTH: The downpayment hereunder shall be held in escrow by Anthony T. Conforti, attorney for the sellers, as escrow agent until closing of title. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the sellers hereby authorizes the escrow agent, in the event they become involved in any litigation by reson of this contract of sale, to deposit it with the clerk of the court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsiblity hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court all funds deposited with it hereunder and thereupon the escrow agent shall be fully relieved and discharged of any further responsiblity hereunder. The escrow agent shall have not duty to invest any of the funds deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action demonstrates bad faith. SEVENTH: All notices under this contract shall be in writing and shall be delivered personally or shall be sent by prepaid certified mail, addressed as follows: If to Seller: c/o ANTHONY T. CONFORTI, ESQ. 739 East Main Street P.O. Box 149 Riverhead, New York 11901 If to Purchaser: PAUL A. CAMINITI, ESQ. Main Road Southold, NY 11971 ',", . . , 11. If the dosing of the title .shan occur bdorelhe tax rale Ishxtd:th'e apportionment o-'-I~xes shall be upon the ba;I-;-~t the tax rate (or the next preceding yur applied to. lalest asses~d valuation. ~ 12. If there he a waler meler on the premises, .eller shall furnish a reading 10 a dale nol mo~an thirty days prior to the time herein set for closing lille. and the un6xed meler charge and the un6xed sewer rent. if any, based thereon for the intervening time shall be apportioned on .he basis of such last ruding. 13. The deed .h.1I be Ihe u.u.1 Bargain & Sale w/Covenants vs. Grantors Acts deed in proper statutory short form for record and shall be duly executed and acknowledged so as 10 convey to the purchaser the fee simple of the said premises. free of all encumhrances, except as herein stated. and shall contain the covenant required by .ubdivi.ion 5 01 Section I 3 of Ihe Lien L.w. If the seller is a corporation, it will deliver 10 the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a cerli~cate by the Secretary or Assistant Secretary of the corporation certifying such resolution and sening forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section, 14" AI ,he c1o.ing ollhe tille Ihe ..lIer shall delive, 10 the purcha..r a c.rtified check 10 ,he order of lhe recording o/licer 01 Ihe counly in which Ihe deed is to be recorded for the amount of ,he documentary stamps 10 be affixed thereto in accordance with Article 31 of the Tax Law. and a certified check to the order of the appropriate officer for any other lax payable by reason of the delivery of the deed. and a return. if any be required. duly signed and sworn to by the seller; and the purchaser also agrees 10 sign and swur to the return and to cause the check and Ihe return to be delivered to the appropriate officer promptly after the closing of litle. I~. In addition. Ihe seller shall at Ihe same time deliver to the purchaser a certified check to the order of Ihe Finance Admin. istrator for the amounl of the Real Pro~rty Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser Ihe return required by the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register S?romotly..a rr t sin of the title. an re Ut"ab e 16.. The s~lIer shall give and the purchaser shall accept a title such Pr~or t~tle: First Arrer~can* will be willing to approve and insure in accordance with the standard fonn of ~. lellfIiC1(.appro~ by tfe New York )tate Insur~c~D!'PmlJlent, subject only to the matters provided for in this contract. , ~ e ".1.l1S. . . 0 NY -I T;lt e No. -S-::l4401 f h ." I h"1 'd . d . ,II sums pal on account 0 thiS contract. an t e rusonab e expenses 0 t e exammallon 0 , e tit e to sal premises an of the survey. if .ny. made in connection therewith are hereby made liens on said premises. but such liens shall not continue .fter default by the purchaser under this contract. 0..." ClntrU,! "It tro,,.rty iJ 1101 j" ,,,,.Ci'yof N_.Yort. senled to be owned by the seller. free from all liens and encumbrances except as herein stated In t is sale; without limiting the generality of the foregoing, such 6xtures and ar. property include plumbing. heating, lighting and cooking 6xtures. air conditionin 5, ranges. refrigerators. radio and television aerials, bathroom and kitchen cabinets urors, venetian blinds, shades. screens. awnings. storm windows. window boxes. storm 19. The amount of any un'paid taxes. assessments, water charges and sewer rents which the seller is obligated to pay and dis. charge, with the interest and ~nahies thereon to a dale nOlless than two business days aher the dale of closing title, may at the option 01 the seller be .1I0wed 10 the purch...r oul 01 the b.l.nce 01 Ihe purch... price. provided ollici.1 bill. Iherelor with interest and penahies thereon ~gured 10 said date are furnished by the seller at the closing. 20. If.t the date of closing there may be any other liens or encumbrances which the seHer is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same. provided the seller shall simultaneously either deliver to the purchaser al the closing of litle instruments in recordable form and sufficienl to salisfy such liens and en. cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing. seller will deposit wilh said company sufficient monies. acceptable 10 and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances. or with insurance against enforcement of same out of the insured premises. The purchaser. if request is made wilhin a reasonable time prior to the date of closing of title. agrees to provide at the closing separate certified checks as requested. aggregating the amount of the balance of the purchase price. to facilitate the satisfaction of any such liens or encumbrances. The existence of any such laxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgments. bankruptcies or other returns against other persons having names the same as or similar to that of the seller. the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank. ruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the tenns of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges approved by the New York State Insurance Department and the net cost of any survey made in connection therewith incurr.d by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed .h.1I be delivered upon ,he receipt ol..id p.ymenls "Ihe ollice pI ~,,"T.~.~p'ESQ. 739 Fast 143in Street, Riverhead," New York .t ~ o'clock on or about.6/30/ !9S7 24. The partie. .gree Ih.tAm'HUR J.^ SHARP REALTY i. the broker who broughl about this lale and the ~lIer agrees to pay any commission earned thereby. 25. It is understood and agreed that all understandings and agreements heretofore had belween the parties hereto are merged in this contract, which alone fully and completely expresses their agreement. and that the same is entered into after full investi. aation, neither party relying upon any statement or representation, not embodied in this conlract. made by the other. The purchaser has insp<<ted the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title "al is" and in their presenl condition and subject to reas::tnable use. wear. tear, and natural deterioration between the d.le thereol .nd the c1o.ing 0/ tille. 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind Ihe heirs, executors. administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser. the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchase,," whenever the sense of this agreement 50 requires. IN wrrNESS WHEREOF, ,hi. .greement h.. been duly ..ecuted y the par,ie. herdo. In presence 0/' By: CORPORATICN , - .,' ."\ - . . . EIGHTH: SUBDIVISION A) Representations. The parties acknowledge that Seller is in the process of applying for subdivision approval for seven (lots) on a map prepared by Young & Young entitled, "Map of Reydon Court" (the "Subdivision") from the appropriate governmental authorities. Said map has been granted preliminary approval by the Planning Board of the Town of Southo1d. B) Condition. It is anticipated that Seller shall obtain a resolution granting final approval. The Purchaser's obligation to perform is specifically conditioned upon the Seller, at its sole cost and expense, obtaining a resolution of final approval by May 31, 1987. If said approval is not granted within such period, then either party may cancel this agreement and the downpayment without interest shall be returned to the Purchaser. Seller agrees to use its best efforts to effect a resolution of final approval. C) Miscellaneous. (i) Seller agrees it will not take any action or fail to take any action specified in any communication received by Seller from any appropriate governmental authority which would prejudice the Subdivision process prior to or subsequent to the closing of title. (ii) Seller will, at closing, execute and deliver to Purchaser an assignment of all of Seller's right, title and interest in and to the Subdivision and all approvals, consents, licenses and permits from all governmental authorities and utilities, and all architectural, landscaping and engineering plans and specifications relating to the Subdivision. (iii) Seller agrees to use good faith efforts to help Purchaser effect a substitution of Purchaser in the plance of Seller as the applicant for Subdivision approval. (iv) The Purchaser also agrees to provide, within a reasonable time of request for same, all bonds, letters of credit or other indemnifications, required by any governmental authority in connection with the Subdivision, in form and substance acceptable to the Seller and the governmental authority. The cost of same shall be borne solely by the Purchaser. (v) The Purchaser shall likewise be responsible for the cost of any park fees, engineering review fees or similar contributions required by the Town of Southold or any governmental authority as a condition of subdivision approval. NINTH: The Purchaser agrees to deliver, at least ten (10) days prior to the date set herein for closing of title to the attorneys for Seller, a list of objections or violations which may appear on the title report obtained by the Seller and if objections appear and cannot be cleared by the Seller prior to the time set for closing of title, Seller, at its option, shall be entitled to a reasonable adjournment for the purpose of removing such objections or violations. By: ~/ - ,,', ,I.. I . . III . . MAIZ.~uc::;.c.l ." j7l;!c. ~ \JOUi-l;:UZ~l2iIJD ~OAD 10 f;:S= '10~e: !50 I :i..:;ouUf-ntt.=. vlIL.I... COI/JC/~ . WI1H 1111;:; PJzo~-"j.-l1Jl.;; .ACRf;:;.S.S 71IJ;: .snze-J,;.~. {T W/I.-i.- I>I.-SO I'lO\lt::: . . ....~ tf,IJ11::A.~a- f'U(Z-~ ~ ~ J;;Ao ~~ 0/..1 e~YDO'" 9tz. ~~'"( -1D &Irr" ~ SPAQ: BG!HIIJD 00....1 (:l3lmJ~j.) 1.<;,1 f ~r->c>A) S~ l 32- )e:c.. 8CP q~87 . el::<\JI'51.aC AS '!'I~ ,AS~ - t..=1'S "-OCC> ... tJ~ -ro ~ ~\~",J y>rz.t>IIJAG:.~ .. 91ZA1iJA(,!C ea\ll~~~ I!>'f -,a- II MAy 87 IUTllI~ I~AI"~I"""- w\ ~1\2'lCJ:>ncN.S zq f.1M 61 Hbe,Let.1 I,.JITH c-a.J",,,,,,,,,,,S: . GJAtJ&"5 0'"" I-iAf' e~I"'= />.5 ~"'Q0"'SWt> . \A00L-D Nor IlJpl'>eo~1;I:. I.!pn~ c::. fe,s o.t:. F.!>-r Will,., "'~~r II .JV/..JI?: 8, . .. Ode. II'" C .teo;;. IN Oecse.- FdR'<~ BANI< The North Fork Bank & Trust Co. SUbs/chafY of NOrth Fork Ban/{corporation, Inc. Home Office: Matlituck, New York 11952 July 23, 1987 Southold Town Planning Board Southold Town Hall P.O. Box 728 SouthOld, New York 11971 Re: Letter of Credit UM-8743/$65,OOO.OO Performance Bond, ReYdon COurt at Bayview William Walters, John Bertani & Anthony Pagoto Gentlemen: W. h...h, "'.hl"h ,.. """"hl. 1.".. " C..", 'M.a'43 " ".. ,.,'. ." "'h,.,.. ". " ,,'w .", 'hi. "'k ., " " ."..,.,. ...." " ""'.'i.. '0,...., ." "/'00 ('65,000.00) N.,. 0",.... ,." oo'i.. " 'h. ..,." ,......., " '..,,.,. 'h. ,.,."...", h...".".. .., ""h .., ..,...., " h..." '"'' h. ,." .", ,..." h, 'h. '... a,.., " ',.".,. .,., i.,."...", " 'h. ..h'",.", 40,.. " '."" C,.., ., Bayview, Town of SouthOld, Southold, New York. "'" .".. 'h,. """" C..", ... "'il.hl. .,."" 'h. ',..'. ,.." " ., ,...."., ., ,.. "",. ., 9015 ".,. 15, M"'i,..k, N., )"k, " ,,,.. 'h.. "" 13.,. '9aa. All """ ,.... h....".. ,." ," ",, h. .,.,.,."., h, 'h. '...'. """ .,.,..." """"" 'h., 'h. ..,." ,.... "'''''''' '00. ,.. "'.. .. " '00'.."" "<h <h. ,..,,_,. a.., of William Walters, John Bertani and Anthony Pagoto. This Letter of Crpdit is not tranSferrable. This credit is subject DOcumentary Credits (1984 Publication #400, except as to the Uniform CUstoms ReViSion), International expressly prOvided herein. and Practices for Chamber of Commerce Very truly yours, THE NORJ:{' ORK BANK AND TRUST COMPANY , ( 'r ' '/'/1, By: , :-:---''"'--'- Robert J. Anrig Senior Vice PreSident )~/ .,.. i"{ '" <0. sdr~s'fS-z/~!,/ :~~;~. ~ ~: ,../ ~ ,.'~- ,u; ,0' :\ ;; ." :~ :.. ';..... = ~ '" . z 'C::>- 7L I -- ...- , " .' ,'j ". &: . . . I .. ! \ o . o d z U ~ ~ . ." . '''I ,. ! ~ 8 , , . . .. . '" .-} '"'J''' j - ~ ~. - '" ~ 11:; .. J ~ J; :t <<, or. IJOI ._ .- ! l I. f. ! f - . ..J .~, , . . . . . . . ~ , . .- T:- I . I. I. ~ I, I ...... (Os;, "- . - ... . J '" i> b ''-',. ~... <r) 01 "r_ ____ - .~ i; .. ;, <t(: '" ~...J o "': "HO .~:: =; ;~ ~l~"; .t ~'" i ; j 'It Jell .Go " I '. . . . . .i I i ! I : c ... ;,. g ....:' 1.1. a: '-~..'"'' ," .. .. -- 0 .._ Ii "~ I ~ ! g ~ ::,:. - ~.,. oo,~~ ..~i'I'CI~;;-"~ .... -, oo>>,r.- ", Go f - ~ 2 J.:... ~ Gl _ b~ ~I - ~ .l2.. ,.:. =:N. - ~ .... .'" . .. ... '" . -' ~ : Q , . f. i :j' N ~ :-F i "'. ~ ~ 1~ '......".~ ~ ~...._ ~ ....t"".../ ':": .;:-: .,~' 0;;- , !""., .5;; 3 ~t~'_J.!' , ," i:fiI" f .- G " " _0 . . ""'0 ...... . '" - . . . . . .. @ ~ '- -'- ~ ... 1 ~ .) - ...iI '. !/ [', j' :"/'" !J V -:;.) .:::/: '. I; .zei..;;' ~~ ~_j ..: ! ? ~ r,"': i'~ ;.,~ ::0 : ~"':: ..., - ~ E'" ;; ~; k" .:;, ~ !:! _ .... _ _ ~ tv .u, ~. . , ~" 'f";;. f S;S~) "" ."o, . . .. . , . ... . . .. . : .., --"'- I'~ ; ... .... .n, ,D'- ! !' l! - . ... I,,, I;:, 'T ~.. -I-~ :c .. "I' . /, 10, I ~ .. . ... 1 ~ j: "'- .. """- ~~ ',n. .. - . N . . .;:r NO; N \ 3 .. -. .... \ \ .,. \ 3 \~ I;;: " . \~ t:: , .. , -. L~______________ .0' ...~.~ " --~!..._---~.~~-- -.. ..... i . @ !~ ! '--.: ( O!tJ ..- .0 NOOA3M ... .. , ..", = ". ." j.;~ -N .' ...: .. ." - "!=~ ! "ti i %~ ,~.. . . N ~. " " , :~ - N- -~ G . . '" tl r~ .....1-. .:::: J.r;.,,:: ~.-:: ': ~'_': - ._ c~_... ~ i ..., .~., ! ! I . . $ ~ ." './ ; <C . I , .- ; :- ! i I ; :; . . . . . . . .. ..~. ,Ire 3NIlN~~ll::Ia , . ,lY ~!J; ':' l I (...!. .- ..' .' . . .- .... ;; ~ ~l ! ) .t., .- ":! ... ! ! i .0' " -. "- .. -. 2 ..' ..' ."" I JI'411 . ~)~ .]~~~. ]N11:l1'fl't~ Z' u C' C' z --- ...1.&."" .,;o,)'C....l' , . . .0 . 00.... . 0 00 " . . w .. ~uo . w' . . . . e :it ;; '" .. -. '" j ... ! I .." """ . ,. uO .0 ." o ~ : . . - '". !~ . . ' o @ . ;;: ~ G . '" ".- ,.... " , . . '--. . , 0 , .i - '" .'" 1 ,;0/: ,( ~;:/~d~.~:l.~. ~ ',;. ./;~~~.~o~o:..~~ i <"',.. ;.,~ !~! :.: I~: : .: ~ j ~ if d'; .," '. ~ -. , ' ~ 2 ~ " ~ .' .0 o . w , .. .... :.l ! . : I , ; . . " ... ,.. . . ... I . . o . ~ . . .:. I ;;; ..... ,II' . .. t.. ';;SdO~: .," .' !! "" . . ;;.~ 1.0;1 v, ~ j !" 1.. · ~ , .. ~ ..' .'" ~ . t~ , . :") : .. 1 . . ~ ~ .'.' '" '" .. j/, ....p . .~ ". ~ .~. ;;,. ~ '-. . ; 2 ~ '" ~ '" , . ! ; ~9l' . ", ;;; . --.. '- ~----' ; ;G~ ". ~.. ... w' ;; ~ ~ ~ .' ~,. ~ .~ ~ ~ of .' l ... ~ 0'.. "'11" >;. T <II, ,~II:tl~ ,:: I; ,''''j ,.~. /! /".::; ~.' !~ / '~ j ~ ", ' . I . , . - . > ." " .0 " ~ _ <C r.) ~ ;:: ~ ~ _~ '.'ll{l'-" ' ... .1~:: ... : ~~I ,. .. ):; ~ -1: I ~ o G . . ------ ------ ~E1N _CQo&_ . ------- ----------.. .- ----- -- -- --- - - ~~~~~m~~p-~-~-2~/ (q<W... -. fj:'....~=(,T4~.--~~.~;:y -~.. -~=- . . = ~--- -. -- _ _q__Rtcf.e.d:-___~i G y\J..s..._::: wff<:: e--l(N-~j')--m -. .----~-~---- __ [ _ ~r:Le_j;-.-----w.E' lC.\C_ _~"_L_~lJ.& ___ G Q::1I212.g...-lL.,__ () .F.:u.w.eJLS---- ----r\i0c\-}.-~ AJ U. .- -- ._ _ __ ._. -----~AJ1t"'--;N~t 19.. n~ b'cuy .. ... .-..--'('-0 t.+:,,'ocJ ~(r~ ~~~~-~;I Q9~~-- -- ..--- - ---------- ---- - ---. -- -- - - --~~---- - ------ ---------------