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HomeMy WebLinkAboutPurchase of US Govt Property 1983-84 ... McMANN. PRIC'E AGENCY B28 FR6NT STREET GREENPOR~N.Y. 11944 TEL.: 616.477-1680 WILLIAM H. PRICE DONALD L. GULLAKSQN RECEIVED MAY 91J34 May 8, 1984 Town Clerk Southold Robert W. Tasker, Esq. Main Street Greenport, N. Y. 11944 Re: Fishers Island Ferry District and Town of Southold Aquisition on Fishers Island Dear Bob: In reference to insuring the buildings recently aquired on Fishers Island, I am informed by Mr. Phil Knoff, Mgr. , of the District, that the insurance coverage has been secured by the District and added to their policy which covers their buildings and operations. If you wish me to pursue this any further, please let me know. Sincerely, j?d(~~ William H. Price WHP:tk cc: Mr. Frank Murphy, Supv./ Mrs. Judy Terry, ClerkV Mr. Philip Knoff, Mgr., F. I. Ferry District . . RECEIVED ORNEY D TELEPHONE (516) 417-1400 ROBERT W. TASKER Town Attorney APR 4 1984 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 Town Clerk 5outhold March 2, 1984 Mr. Kenneth L. Allen Staff Counsel General Services Administration - Region 1 John W. McCormack Post Office and Courthouse Boston, Massauchetts 02109 Re: Fishers Island, 1-U-NY-404G; l-U-NY-404J; Southold, New York l-N-NY-404H l-N-NY-4041 Dear Mr. Allen: In accordance with our telephone conversations over the last few days, it was agreed that the title closing with respect to the U. S. Government property at Fishers Island to be conveyed to the Town of Southold will be handled by mail under the terms of which I will send you checks for the balance of the pUI'c;hase price and you in turn will hold these checks in escrow until the deed to the Town of Southold has been sent to Mr. Harry Nelson, Title Officer, Title Guarantee Company, 400 W. Main Street, Riverhead, New York 11901, and approved by him after which the checks may be delivered to the appropriate government officer. In accordance with such understanding, I am enclosing herewith two certified checks, to wit: Certified Check of Robert W. Tasker drawn on his Trust Account, being Check No. 685 payable to the order of General Services Administration in the amount of $126,265.00; Certified Check No. 101 of Fishers Island Ferry District, payable to the order of General Services Administration in the amount of $499,235.00, totaling $625,500.00. As you recall, the total purchase price of the two parcels of real property is $695,000.00 and the Town of Southold paid $69,500.00 upon the presentation of its offer to purchase, leaving a net balance of $625,500.00. I am sending a copy of this letter to Mr. Nelson of Title Guarantee Co., in order that he may be aware of this transaction. I will also instruct him by letter that as soon as he has received the deed from General Services Administration to the Town of Southold and has approved the same as to form and execution, that he will call you by telephone and advise that the enclosed checks may be delivered to the appropriate government officer. . . Mr. Kenneth L. Allen -2- March 2, 1984 As I previously advised, you must also send to Mr. Nelson the tax exemption certificate issued pursuant to Article 310B of the Tax Law. If you have any questions on this, I would appreciate a call from you. Yours very truly, ROBERT W. TASKER RWT :aa enc. . . . . . ROBERT W. TASKI.:R Town Attorney TELEPHONE (516) 477-1400 RECEIVED 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 APR 4 1984 March 2, 1984 Town Clerk $outhoJd Mr. Harry L. Nelson Title Officer Title Guarantee Co. 400 W. Main Street Riverhead, New York 11901 Re: Town of Southold w/U.S. Government Title No. T1284-00n Town of Southold w /Vartanian Title No. T1284-158 Dear Harry" As I advised you last week, it has been agreed between me and Mr. Kenneth Allen of the Boston office of General Services Administration, that the title from the U. S. Government to the Town of Southold involving the Fishers I sland property will' be closed by mail. I have today sent to Mr. Allen, two checks totaling $625,500.00 which represents the purchase price of $695,000.00 less $69,500.00 paid on the transmission of the Town's Offer. I am enclosing herewith for your information a copy of my letter to Mr. Allen. I am enclosing herewith an undated deed from the Town of Southold to Paul Vartanian conveying to him the premises which is the subject of your Title No. T1284-158. The purchase price for this parcel is $150,765.00, all of which has already been paid by Mr. Vartanian to the Town of Southold. It is my understanding that you are to obtain from Mr. Vartanian the properly executed Real Property Assessment form. I have prepared and enclose herewith the Real Property Assessment form with respect to the transfer of the entire parcel from the General Services Administration to the Town of Southold. The acknowledgment of receipt from your office for the transaction between the U. S. Government and the Town indicates a title policy fee of $2,629.00, based upon a purchase price of $695,000.00. I do not believe that it is . - . . -2- necessary that the Town be insured to the limits of the purchase price in view of the fact that a portion of the property is being reconveyed to Paul Vartanian. Accordingly, I wish to have the amount of insurance reduced to $ 50,000.00. I am enclosing herewith a blank Town Voucher that I ask that you complete by inserting the title policy fee for a $50,000.00 policy and any other recording or incidental expenses for this transaction. The voucher should be returned to me as soon as possible so that it may be presented to the Town for payment. You will also recall that you advised me that you did not have surveys of the two tracts guaranteed to the title company. Enclosed herewith are copies of the two survey maps, one for each tract guaranteed to Title Guarantee Company together with a description of both parcels as prepared by Chandler, Palmer and King. Yours very truly. Ww~~. ROg~ASKER R WT : aa encs. i.. -, .'(.;- .. a/ c 288611 7 2& Form 107 Town of Southald . 1D# 6003307 Opened 2/15/84 CORPORATION ACCOUNT (SECURITY CASH ACCOUNTS ONLY - FULL AUTHORITY) Gentlemen: Supervisor The undersigned Corporation, by Francis J. Murl?~..Y r its Rresicb::H~ pursuant to the resolutions, a copy of which, certified by the ~~~efskannexed hereto, hereby authorizes you to open an account in the name of said Corporation; and the undersigned represents that no one other than the undersigned has any interest in such account. The undersigned also encloses herewith your Customer's Agreement duly executed on behalf of the Corporation. This authorization shall continue in force until revoked by the under- signed Corporation by a written notice, addressed to you and delivered at your office at . .:JOO.C::ilptaJr1'!i. Walk, . Ne\\,. .Lond()n,. .C()l:lnec;ticut. ........ ..... Dated February 29, .1984 ..SouthoJd, New..York.. (City) (State) Very truly yours, . TQw.n Cle I, Judith T. Terry , bemg the~~ 0 the Town of Southold , hereby certify that the annexed resolutions were duly adopted at a meeting of the 13~~rd of ~~of said Corporation, duly held on the...~9th ............ day of February, 1984 . at which a quorum of said ~~ was present and acting throughout and that no action has been taken to rescind or amend said resolutions and that the same are now in full force and effect. I further certify that each of the following has been duly elected and is now legally holding the office set opposite his name: k Supervisor , (I / ( l 29th day ~d~~~' ....... ... ... ......................~.......... . :Mec~1I1lf Southold To Clerk HB . . CERTIFIED COPY OF CERTAIN RESOLUTIONS ADOPTED BY THE BOARD OF I>IRECTORS WHEREBY THE ESTABLISHMENT AND MAINTENANCE OF SECURITY CASH ACCOUNTS HAVE BEEN AUTHORIZE\) /,.,." RI:SOL VEl) FIRST: That th(' PrcsiJent or any Vke-Prel)idenl of this CorpoT3tion. (lr Of be and they herco) are. and eal.:h uf them htrcby IS, 3uthorized and empowered. for and on behalF of lhi, Corporation (herein L'alled the "Corpuration"), 10 establi!ih and maintain one or more accounts. with (herein called the "Brokers", for lhe purpose of pun:h<lsing. investing in. or otherwise acquiring. scllin~. poss(:ssillg. transferring. e"'chan~m~. or otherwise disposin~ of. or turning to ;!l.:count of. or rCiJhi".ing upon. and Kenerally dealing in and With any and all forms of scruritics including. but not hy way of limitation. shares. slot:ks. bonds. debentures. notes, saip. participation certiticatC's. rights 10 subscribe. option warrants. \:erlil1calcs of deposit. mortgages. choses in aclion. evidences of indehtedness. commercial paper. l"crtificates of indehtedness and certifkate" of interest of any and every kind and nature whulsDe\'.er. secured or unsecured. whether represented by 1r1l~t. partkipating and/or other certificates or otherwise: but such authorization shall nol include the openin~ uf marginal ac,.'counts or the making of short sales. The fulles.t authority at :111 time" wilh re"peet to any such commitment or with respect to any transaction decmed hy ..my of the S<.lid oftT<.:ersanJ/or agents to be proper in connection therewith is hereby conferred. including authority (withllullimiling the ~enerality of the foregoing) to give written or oral instruction~ to the Brukers with re"pc..:1 to ~ald tram,actitln~: f\) hind ;md ohligate the Corporation to and for the carryin~ out of any contral:!. arrangement. or transaction. whiL"h ~hall he entered into hy any such offker and/or agent for and on hehJlf of the rorporation wilh or throug,h the Brokers: to pay in cash or oy checks and/or drafts drawn upon the funds of the Corpuralion SUdl sums a~ may be neL.essary in connedion with any of the said ai.."l.:uunts: !o deliver secuTlties to. and d~rosit funds WIth. the Brokers; to order the Iransfel or delivery of securnit'\ to any other person whatsoever. and/or III urul'r The transr~r 01 record of any ~cl.:lIrities (0 any name seleL"led hy any of the said ofl1l.:ers or <Jgents: to arllx the !.:'Irpmale seal to any um.:umenl or :Agreements, or otherWise: !o endorse any sCt:urilies In order to pass title Ihereto; 10 dirct:1 the sale or excr;,;lse of any rights with rcsprL't to allY securities; to sign for the Corporation all releases, powers of atfllrney "od/or other doc.:uments in L'onnection with any such at.:<:ounl, and 1(1 agree to any tCrIllS or <:()oditillns 10 control any su<:h accounl, to direct the Brokers 10 surrender any sl'.::uritics 10 the proper agent or party for the purpose of effecting any exchange or \.'onversion. or for the purpose of dcpmit with any protective or similar committee, ur otherwise; to 3c,:ep' delivery of any securitie:i.: tu Jppoinl an) other rerson or persons tn do any ..mll all things whkh any of the said officers and/or .lgents is herehy emnowered to do, and generally to do Jnd take all at.:tion necessary in connection with the account. or (nnslderei.! dL'!lirahle hy such officer anu/or agent with respect thereto. SFCO~ [) That the Brokers may deOtI with any and all uf lhe persons dilc(tly or IOdirectly hy the foregoing resolutlon cmpowered, as though thL') were dealin~ with the ('orporatjr\n directly. THIRD fhiJl lh~ SCl..'retary of the Corpuration he and he hereby is authorized. empowered and direclCd to I.."crlify. under the seal of the Corporation. It: the Bruker~: (a) J true L'Opy of these resolultons; (h) specimen signatures of eadl Jne.! c\'ery person hy these rl'solutions empowered: (c) a certificate (which. if required hy the Brokers. shall he supported by an opinion of rhe general (Otiose! of th(" Corpoc&.llioll. or ollll'r counsel saiisfJclory to the Brokers) that the Cllrporation is duly org':.Illlled and existing. that its charier empowers if 10 transac.:l the husiness hy these resolutions defined, and t 11:..1 1 1111 limitation has hec-n imposed upon snch powers l-ly the By. Laws or otherwise. rOURTlI: That rhe Bro"'ers may re'ly upon any cerfifiL'~Hion given in al..'cprdance with these resoturions, as t:ontinuing fully effective unless and until the Brokers shall rCL'eive due wriuen notice lJf a ,han.~e in or the re~L'ission ()f the authcrit~ so eviden\."ed .lI1d the dispatch or ret:eipt of any other form of i riotke shall not constitute a w&.liver of this provision. nl.lT shall Ihe fad that any person hereby empow~red seases. to he an officer of tlte Corfwralilln or hecollles an offkcr undt"r some other title in ~ny way affel..'t the 'powers hrrc~y conferred. The failure 10 "iupply any ~peciJ11en signature shall not invalidate any transaction if ,the:trart~adion\s in lccordance wilh authority actually granted. \, . ~ .) / ~ i- " I, i FIFTII: That in the event of any change in the offt('e or powers of person's hereony empowered.' the Secret.ry. sh,1I certify such change. to the Brokers in writing in Ihe manner her.inabote JP'Y',v\ded. which nolifkation. when received, shall he adequate hoth to terminate the powers of the persons therelofore authorized. and to empower the per:i.ons thereby suhstituled. SIXTH: That the fore~oing resolulions and of the Corporation pursuant there,o; he and l'eVOL'allon thereof shall have heen re ~'eived the ,'ertitk.trs "'Iually furnished 10 the Broke,. by the Secrelary they hereby are made irrevocable until written nor ice of the by Ihe Brokers. . . JUDITH T. TERRY TOWN CLERK REGISTRAR or VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 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 ATA REGULAR MEETING HELD ON FEBRUARY 29, 1984: WHEREAS, Mr. and Mrs. Peter O. Crisp has donated 244 shares of Millipore Corporation common stock, valued at $7,000.36, to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, Janney Montgomery Scott Inc. has requested the appropriate forms be exeucted by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they here- by are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Janney Montgomery Scott Inc. in accordance with their instructions. ,\\ II'C'l" . '\<). '{.... ; .- ) . ( , ~~~("; , _ .......//2~~>. Judith T. Terry " : Southold Town Clerk . \ \ \ ' .. 7 . ,. . 'lJ /JEAN nT/nil IIfYNr )WS (Nt:. OFFICE ACCOUNT NO. A.E. 138(11)1 502 41172 Dne Jan. 27. 1984 Gentlemen: ~ I n connection with the account established for o This will authorize 'you to open an account for Town of Sont:holn Npw Vnrk rnl'" l<1;c;;hQ:r~ Island Ferry District organization, please receive into that account 137 a charitable shares of DuPont Stock- App. Value $6370.00 which will be delivered to you free by Catherine DuPont Upon receipt of these shares, will you please sell them at market and send the proceeds to us at the address given below. URPHY . Southold. New York 11971 Address OWR-8235 (1-82) , - . . JUDITH 1. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 14, 1984: WHEREAS, Catherine DuPont has donated 137 shares of DuPont Stock, valued at $6,370.00, to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island, and WHEREAS, Dean Witter Reynolds Inc. has requested the appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Dean Witter Reynolds Inc. in accordance with their instructions. A:W~~----- Judith T. Terry ~ Southold Town Clerk . ~ 7 'Form W~g . Payer's Request for Taxpayer Identification Number . (October 1983) Department of the Treasury Internal Revenue Service & Name as shown on account (if joint account, also give joint owner's name) ~ Town of Southold for Fishers Island o Address i 53095 Main Road ~ s . . ii: Ferry District 11971 City. State, and ZIP code Southold, New York List account numberls) here (See Instructions) . vV",''';t.l..L14 ............................................................................................................................................. PART I. - Taxpayer Identification Number PART II. - Backup Withholding On Accounts Opened After 12/31/83 ISOC;O' ..cu,;" numb., Check the box if you are NOT subject to backup withholding under the provisions of section 3406(a)(1 )(C) of the Internal Revenue Code ............. (See Highlight below.) I certify that the information provided on this form is true, correct, and complete. SUPERVISOR Enter the taxpayer identification number in the appropriate box. For most individual taxpayers, this is the social security number. Note: If the account is in more than one name, see the chart on page 2 for guidelines on which number to give the payer. OR I EmPlii~i6eO~~a3iOn7nu mber I ........~ 0 Certification. - Under the penalties of FR IS Instr I Highlight f After 12/3 - Backup Withholding You may be notified that you are subject to backup withholding under section 3406(a)(1 lie) because you have underreported interest or dividends or you were required to but failed to file a return which would have included a reportable interest or dividend payment. If you have NOT been so notified. check the box in PART II. Note: Backup withholding may apply to existing accounts as well as accounts opened after December 31,1983. Caution: There are other situations where you may be subject to backup withholding. Please read the instructions below carefully. Purpose of Form Use this form to report the taxpayer identification number (TIN) of the record owner of the account to the payer (or broked. Beginning January 1, 1984, payers must generally withhold 20% of taxable interest, dividend, and certain other payments if you fail to furnish payers with the correct taxpayer identification number (this is referred to as backup withholding). For most individual taxpayers, the taxpayer identification number is the social security number. To prevent backup withholding on these payments, be sure to notify payers of the correct taxpayer identification number and, for accounts you open after December 31, 1983, properly certify that you are not subject to backup withholding under section 3406(a)(l)(Cl. You may use this form to certify that the taxpayer identification number you are giving the payer is correct and, for accounts opened after December 31,1983, that you are not subject to backup withholding. If the payer provides a different form than Form W-9 to request the taxpayer identification number, please use it. Backup Withholding You are subject to backup withholding if: (1) You fail to furnish your taxpayer identification number to the payer, OR (2) The Internal Revenue Service notifies the payer that you furnished an incorrect taxpayer identification number, OR (3) You are notified that you are subject to backup withholding (under sect;on 3406Ia)(11ICII. OR (4) For an interest or dividend account opened after December 31,1983, you fail to certify to the payer that you are not subject to backup with- holding under (3) above, or fail to certify your taxpayer identification number. For payments other than interest or dividends, you are subject to backup withholding only if (11 or (2) above applies. (See the section on the back titled "Payees Exempt from Backup Withholding. ") Date ~ 2/14/84 Payments of I nterest, Dividends, and Patronage Dividends Accounts Opened aefore January 1. 1984 To certify that the taxpayer identification number is correct for accounts opened before January 1, 1984, fill out your name and address, enter your account number/s) (if applicable), complete Part I, sign and date the form and return it to the payer. Accounts Opened After December 31, 1983 To certify that the taxpayer identification number is correct and that you are not subject to backup withholding under Section 3406(a)(1)(CI for accounts opened after December 31,1983, fill out your name and address, enter your account numbeds) (if applicable). complete Pans I and II, sign and date the form and return it to the payer. If you are subject to backup withholding and are merely providing your correct taxpayer identification number to the payer, fill out your name, address, enter your account number/s) (if applicable), and complete Part I. Other Payments If you are merely providing your correct taxpayer identification number to the payer for payments other than interest, dividends, and patronage dividends, you need not sign this form. Fill out your name and address, enter your account number(s) (if applicable), complete Part I and return the form to the payer. Account Numbers If you have more than one account with the same payer (for example, a savings account and a certificate of deposit at the same bank), the payer may request a separate Form W.9 for each account depending on how the payer's records are kept. What Number to Give the Payer Give the payer the social security number or employer identification number of the record owner of the account. If the account belongs to you as an individual, give your social security number. If the account is in more than one name or is not in the name of the actual owner, see the chart on page 2 for guidelines on which number to report. Obtaining a Number If you don't have a taxpayer identification number or you don't know your number, obtain Form 88-5, Application for a Social Security Number Card, or Form 58-4, Application for Employer Identification Number, at the local office of the Social Security Administration or the Internal Revenue Service and apply for a number. Write "applied for" in Part I in place of your number. When you geta number, submita new Form W-9 to the payer. Form W-9 110-831 (Give this form to the payer, not to the Internal Revenue Service) Form W-9 (10-83) . . Penalties (1) Penalty for Failure to Furnish Taxpayer Identification Number. - If you fail to furnish your taxpayer identification number to a payer, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. (21 Failure to Report Certain Dividend and Interest Payments. - If you fail to include any portion of an includible payment for interest, dividends, or patronage dividends in gross income, such failure will be treated as being due to negligence and will be subject to a penalty of 5% on any portion of an underpayment attributable to that failure unless there is clear and convincing evidence to the contrary. (31 Civil Penalty for False Information With Respect to Withholding. - If you make a false statement with no reasonable basis which results in no imposition of backup withholding, you are subject to a penalty of $500. (41 Criminal Penalty for Falsifying Information. - Falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Payees Exempt from Backup Withholding Payees specifically exempted from backup witholding on ALL payments include the following: . A corporation. . A financial institution. . An organization exempt from tax under section 501 (a),or an individual retirement plan. . The United States or any agency or instrumentality thereof. . A State, the District of Columbia, a possession of the United States, or any subdivision or instrumentality thereof. . A foreign government, a political subdivision of a foreign government, or any agency or instrumentality thereof. . An international organization or any agency or instrumentality thereof. . A registered dealer in securities of commodities registered in the U.S_ or a possession of the U.S. . A real estate investment trust. . A common trust fund operated by a bank under section 584(al. . An exempt charitable remainder trust, or a non-exempt trust described in section 4947(a)(1). . An entity registered at all times under the Investment Company Act of 1940. . A foreign central bank of issue. Payments of dividends and patronage dividends not generally subject to backup withholding include the following: . Payments to nonresident aliens subject to withholding under section 1441. . Payments to partnerships not engaged in a trade or business in the U.S. and which have at least one nonresident partner. . Payments of patronage dividends where the amount received is not paid in money. . Payments made by certain foreign organizations. Payments of interest not generally subject to backup withholding include the following: . Payments of interest on obligations issued by individuals. Note: You may be subject to backup withholding if this interest is $600 or more and is paid in the course of the payer~ trade or business and you have not provided your correct taxpayer identifjcation number to the payer. . Payments of tax-exempt interest (including exempt-interest dividends under section 8521. . Payments described in section 6049(b)(S) to nonresident aliens. . Payments on tax-free covenant bonds under section 1451. . Payments made by certain foreign organizations. Exempt payees described above should file Form W-9 to avoid possible erroneous backup withholding. Because certain payments exempt from backup withholding are nevertheless subject to information reporting, if you file this form with the payer, furnish your taxpayer identification number, write "exempt" on thefaceof the form, and return it to the payer. If the payments are interest, dividends, or patronage dividends. also sign and date the form. Certain payments other than interest, dividends, and patronage dividends that are not subject to information reporting are also not subject to backup withholding. For details, see the regulations under sections 6041, 6041 Alai, 6045 and 6050A. Privacy Act Notice. - Section 6109 requires most recipients of dividend. interest, or other payments to give taxpayer identification numbers to payers who must report the payments to IRS. IRS uses the numbers for identification purposes. Payers must be given the numbers whether or not recipients are required to file tax returns. Begin~ing Janua.rx 1. 1984, payers must generally withhold 20% of taxable Interest, dIVidend, and certain other payments to a payee who does not furnish a taxpayer identification number to a payer. Certain penalties may also apply. . ' Page 2" Guidelines for Determining the Proper Identification Number to Give the Payer. - Social security numbers have nine digits separated by two hyphens: Le., 000-00-0000. Employer identification numbers have nine digits separated by only one hyphen: Le., 00-0000000. The table below will help you determine the number to give the payer. For this type of account: Give the SOCIAL SECURITY number of - 1. An individual's account 2. Two or more individuals (joint account) 3. Husband and wife (joint account) 4. Custodian account of a minor (Uniform Gift to Minors Act) 5. Adult and minor (joint account) 6. Account in the name of guardian or committee for a designated ward, minor, or incompetent person 7. a. The usual revocable savings trust account (grantor is alsQ. trustee) b. So-called trust account that is not a legal or valid trust under State law 8. Sole proprietorship account The individual The actual owner of the account or, if combined funds, any one of the individuals I The actual owner of the account or, if joint funds, either person I The mino(J The adult or, if the minor is the only contributor, the minorl The ward, minor, or incompetent person 3 The grantor-trustee I The actu.al owner I The owner4 For this type of account: Give the EMPLOYER IDENTIFICATION number of - 9. A valid trust, estate, or pension trust 10. Corporate account 11. Religious, charitable or educational organization account 12. Partnersh ip account held in the name of the business 13. Association, club, or other tax-exempt organization 14. A broker or registered nomi nee 15. Account with the Department of Agriculture in the name of a public entity (such as a State or local government, school district, or prison) that receives agricultural program payments Legal entity (Do not furnish the identifying number of the personal representative or trustee unless the legal entity itself is not designated in the account title.) S The corporation The organization The partnership The organization The broker or nominee The public entity I List first and circle the name of the person whose number you furnish. 'l Circle the minor's name and furnish the minor's social security number. 3 Circle the ward's, minor's, or incompetent person's name and furnish such person's social security number. . Show the name of the owner. S List first and circle the name of the legal trust estate. or pension trust. Note: If no name is circled when there is more than one name, the number will be considered to be that of the first name listed. ~'-'-' . . 7 'J DEAN Wf7TER REYNOLDS INC.. ACCOUNT NUMBER 502-41172 SOC. SEC. OR TAX NO. 11-6003307 A.E. NAME &: NUMBER McCoy 38 Address 53095 Main Road Southold, New York 11971 RPHY, SUPERVISOR Town of Southold New York for Fishers Island Ferry District Account Name ;I. SPECIMEN l SIGNATURE (Sl f 20109 - ~-- .....- -- .....--.J ~~ I' . . ...... RDUCIRRY TRUST COMPANY OF NEW YORK.. TWO WORLD TRADE CENTER, NEW YORK 10048 . (212) 466-4100 ":,i.:; '.~ . .~- - ........, "~i: z . lC.oS ......... , - Ms. Ju4ith T. Terry Southold Town Hall 53095 Main Road Southold. New York DearlS1t~: Ms. Terry: .< 1191J. \ , ;Z- .."., .- -- -~ ;;p. -~ As of January 31. 1984 our client, Mrs. Sara Ridowav McLean has made a contribution of 170 ,--- shares of .1 ow!'!!; COS_ '4.r stock. We are holding the stock in a Clearance Account for your institution pending receipt of your instructions. Accordingly, please select one of the following: ,~~ (1) Sell and remit proceeds (less $50 transaction charge) "heck to Town of Southold ,.,./ (2) Deliver in negotiable form to (Name of bank or broker) at for the account of (Exact title of account) (3) Register in the name of (Exact corporate name) Tax identification number \ , \.<,. " ._- -'.... . OJv idend address Deliver to at A copy of this letter is enclosed for your convenience. Please have~Jt completed and signed on behalf of the institution by an officer or other authorized person, and return it to us in the enclosed envelope. If we do not hear from you within one month from the date of this letter, the'stock will be sold and the net proceeds remittedto your institution at the above address. S' ature . y, Supervisor of Southold c. ;{lY ti':'I'( yours, Louise Hausler Assistant to Pascal ~_:4.______._."~ Wirz. Vice Pres. f ~.. .-- ~~.,-.._',"'-,-.......",.._"';.. . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southald, New Yark 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 14, 1984: WHEREAS, Mrs. Sara Ridgeway Mclean has donated 170 shares of Lowes Coso to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, the Fiduciary Trust Company of New York has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Fiduciary Trust Company of New York in accordance with their instructions. 4,6d~~.y-j". ~-Judith T. Terry {/ ( Southold Town Clerk \. ,\" I. I ;': '\ (' " . RDUclRY TRUST COMPANY OF NEW YORK. TWO WORLD TRADE CENTER, NEW VORK 10048 . (212) 466-4100 ;eJ " i ~.j Ms. Judith T. Terry Southold Town Hall 53095 Main Road Southold, New York 11971 Dear~: Ms. Terry: As of January 31. 1984 our client, Mrs. Sara Ridoway McLean has made a contribution of 170 shares of I oWP~ r.o~. stock. We are holding the stock in a Oearance Account for your institution pending receipt of your instructions. Accordingly, please select one of the following: (1) Sell and remit proceeds (less $50 transaction charge) check to Town of Southold (2) Deliver in negotiable form to (Name of bank or broker) at for the account of (Exact title of account) (3) Register in the name of (Exact corporate name) Dividend address Tax identification number Deliver to at A copy of this letter is enclosed for your convenience. Please have it completed and signed on behalf of the institution by an officer or other authorized person, and return it to us in the enclosed envelope. If we do not hear from you within one month from the date of this letter, the stock will be sold and the net proceeds remitted to your institution at the above address. i!~Jl-J Louise Hausler Assistant to Pascal Wirz, Vice Pres. Ale r1anager . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 6, 1984 THIS IS TO CERTIFY THAT as of this date, February 6, 1984, I have not had a petition filed with me with reference to the permissive referendum on the proposed purchase of two parcels of surplus U. S. Government property at Fishers Island, New York, to be used for the purposes of the Fishers Island Ferry Oi strict. ~~~~ u It T. Terry Soo'hold Town CI.,k (; ';: I. ) \ ~, ~1'-,. I~ . \ " : JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS , "j.UXt'"~ ., (i/: c." fj'L"-" (...<;> ,.'r -,,\'ru '0' ^ <~ - '-,' " 'a .- ",,,,,, '," ........... i,v' '~ :!;:";;' ~ ;"I.<:::,":i ~'" '; .~ -:-- "'., "l? :;".~ K~! ,.~f~~ ~;) 0....., ~f":/ ""'.-1> ~ti " " '.:;) .If '>,., "'-:;,.::1n . .+~O,/V ~. ,/1 , 1;1. J\ ,fV' <":~~~~~L!.o;~' Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1983: WHEREAS, the Town of Southold, by resolution adopted by this Board on September 6, 1983, authorized the purchase of two parcels of surplus U. S. Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS, a portion of one parcel has erected thereon a four family residence building which the Commissioners of the Fishers Island Ferry District have determined will not be needed for District purposes, and WHEREAS, the said Commissioners have received an offer to purchase said four family residence building together with approximately 39,106 sq. ft. of land upon whcih said building is ected for the sum of $150,765.00, and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED that the sale of the aforesaid (::r.nn ::linn hllilni..,,.. En... tho c.'Im nf e:.1t;,n7':;'t;,_OO is hereby authorized, said I STATE OF NEW YORK I COUNTY OF SUFFOLK Office of the Clerk of the ss: TOWN OF SOUTH OLD '1.1/,,( "'j (BEAL) (i / \' . ' " , . I ;' ! J This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this affice, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the .....17.U!... day of .............p..~.c;:.~m.b.~r...... 19..6.3..., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .......~t.I:!... day of ............f.~I;:!r.~.~X.y........... 19.~~... ~~~ Clerk of the Town Board, Tow~ ~';-SO~;~~ld,~~-~~ . . JUDITH 1. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 31. 1984: WHEREAS. Mrs. Emily P. Ridgeway has donated 500 shares of Stanley Works stock. valued at $14.062. SO. to the Town of Southold for purposes of acquisition of real property from the United States Government and located at Fishers Island. New York. and WHEREAS. the Fiduciary Trust Company of New York has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold. now. therefore. be it RESOLVED that the Supervisor and Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Fiduciary Trust Company of New York in accordance with their instructions. JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS . . Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 17, 1984: WHEREAS, Mark Andrews has donated 1250 shares of American Exploration stock to the Town of Southold for the purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, the brokerage house Rotan Mosie, Inc. has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to Rotan Mosie, Inc. in accordance with their instructions. 1 STATE OF NEW YORK ) COUNTY OF SUFFOLK Office of the Clerk of the ss: TOWN OF SOUTHOLD (BElL) J This is to certify that I, Judith T. Terry, Clerk of the Town of South Id . th 'd Co, In .e SOl ounty of Suffolk, have compared the foregoing copy of resolution w,th the original resolution now on file in this office and wh,'ch d ' was passe by the Town Board of the town of South old in said County of Suffolk , on the .......1.?~!"!.. day of January' 1984 ......................... .... and that th . ...... ........, e same IS a correct and true transcript of such original resolution and the whole th < ereol. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of said Town this .....)R~.h.. day of ...........~~.':l.!-!~r.y.............. 19..~H.. ~~-;~4~ Clerk of the Town Board, Town of Southold, County of Suff~;~:'~. ~. . . Hota~ '1.10l' HI Ea~l .;;;]rd Sl n.:l'l '\I'W lork, NY won 121217SII-0800 lOT. MOSLE Investment Services The Fishers Island Ferry District Att: Mary Bowcet c/o Town of Southold Southold, N.Y. January 3,1984 He: Account... Fishers Island Ferry District Please forward to us Form of Resolution... Specifying authorized persons who will act for the account. Also, Copy of Stature...... Creating this entity. Thank you, New Accounts .. Rolan \lllnc H) East :'i ~rd Sl n'd \few York~ NY W022 12121751~0800 RIJ'I'ANMOSlE Investment Services (Mark Andrews) 1250 shares of American E~ploration Value-$6, 875. 00 January 3,1983 Your expression of confidence and good will in opening an account with Mr. Goldfarb is appreciated. It is Our sincere hope that every detail of your business will be handled to your entire satisfaction and that this will be the beginning of a long and pleasant relationship. The complete facilities of our Research and Brokerage Departments are at your service. It will be a pleasure to serve you and if you have any questions, please feel free to contact me. Enclosed are the appropriate filled out where indicated. envelope provided to our New forms to be signed and Please return them in the Accounts Department. Sincerely yours, gbert, First vice President Resident Manager 96 .2939 753-04483 . CORPORATION AUTHORIZATION FOR CASH ACCOUNTS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT ATTN R KNAUFF BOX H FISHERS ISLAND NY 06390 STENCIL HERE TO: MERRILL LYNCH PIERCE FENNER & SMITH INC. . . TOWN OF SOUTHOLD BE IT RESOLVED: Thatthis corporatiOn, ................................................... ~: ~d 'it h~~~by i~: ~~th~~~ ~~d:~~p~~e~~ 't~'~p~'; ~d .~~~;, 'a:'; ~~~~~';t .;..ith MERRiLL LYNCii PIERCE FENNER & SMITH INC., and its successors, by merger, consolidation or otherwise, and assigns, hereinafter called the brokers, for the purchase and sale of stocks, bonds, options, or securities, on exchanges of which the brokers are members or otherwise, and that any of the officers hereinafter named be, and he hereby is, authorized to give written or verbal instructions by telephone, or telegraph, or otherwise, to the brokers to buy or sell stocks, bonds, options, or securities, either for immediate or future delivery and, if he deems proper to secure payment therefor with property of this corporation; and he shaIl at all times have authority in every way to bind and obligate this corporation for the carrying out of any contract, arrangement or transaction which shaIl, for or on behalf of this corporation, be entered into or made with or through the brokers; and that the brokers are authorized to receive from this corporation, checks and drafts drawn upon the funds of this corporation by any officer or employee of this corporation, and to apply the same to the credit of this corporation or to its account with said brokers and the said brokers are authorized to receive from said officer(s) or from any other officer or employee of this corporation, stocks, bonds, options, or securities for the account of this corporation with said brokers; said brokers are further authorized to accept instructions from any officer herein named as to the delivery of stocks, bonds, options, or securities from the account of this corporation and at his direction to cause certificates of stocks, bonds, options, or securities held in said account to be transferred to the name of any officer hereinafter named or of this corporation in the discretion of said officer: and delivery to any such officer of such stocks, bonds, options, or securities, issued as directed by him, shaIl be deemed delivery to this cor- poration; and any such officer shall have the fullest authority at all times with reference to any transaction deemed by him to be proper to make or enter into for or on behalf of this corporation with the brokers or others. All con- firmations, notices and demands upon this corporation may be delivered by the brokers verbally or in writing, or by telegraph, or by telephone to any such officer and he is authorized to empower any person, or persons, that he deems proper, at any time, or times, to do any and all things that he is hereinbefore authorized to do. That this resolution shaIl be and remain in full force and effect until written notice of the revocation hereof shaIl be delivered to the brokers. The officer(s) herein referred to are named as follows, to-wit: (1). . . . . . .~~~':'~!~ . ~ : . Ml!~P!'1.Y.! . ?l!p.~rY.i~~r!. .~<?~.l"! . <?f . ?~!-l.t.I"!,!I.c! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2).............................................................................................. . I, ....... )l,I<;:Ijtl:l. r.o. .T~.r.r:Y.. .T.Q'<Y!1. .C;!El~~.Q~ .t.lW................................. lS~~ Town of Southold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly passed and adopted by the unanimous vote of the Board of Directors of said company at a meeting thereof duly called and held at the office of said company on the .....1.7J.l:l.... day of .......J'il.!1iil.Yr.Y..... 19 ?!\..... ,at which meeting all directors were present and voting; that said resolution appears in the minutes of said meeting, and that the same has not been rescinded or modified and is now in full force and effect. I further certify that said corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. \ , \ ..~J,L~~........... Southold Town Clerk , I SEAL CODE 96 REV 7/7. PRINTED IN U.S.A. ~ 1818 Market Street, Operations Center, 10th Floor, Philadelphia, PA 19103 (215) 864-6600 .~ Merrill Lynch Pierce Fenner & Smith Inc. -,..... " . (Edmund N. Carpenter, II) Stocks-378 shares Exxon Value-$13, 838. 10 Thank you for opening an account wi th Merrill Lynch. confidence you have put in us. In order to serve you ask you to complete the documents enclosed. We appreciate the completely, we must These documents are required to fulfill existing regulations and firm policy for your account and protection. Please complete and sign the enclosed forms, and return them to us within 10 business days. These are needed to continue to accept any orders for your account. If any documents require notarization, please have this done before returning them. Documents pertaining to joint accounts must be signed by all parties. A return envelope is enclosed for your convenience. If you have any questions regarding this matter, please contact your Account Executive. Thank you, Iferrill Lynch pierce Fenner & Smith, Inc. New Accounts Department Philadelphia Operations Center IMPORTANT: Please indicate any changes to your name and address, and return with the attached signed documents. Town of Southold Fishers Island Ferry District Southold Town Hall, Main Road Southold. New York 11971 2939 753-04483 TCW~ CF SOUTHOLO FIS~ERS ISL~ND FER~Y DISTRICT nn R KNAUFF '3OX H FIS~ERS ISLAND NY 06390 . iAJ--r;~'n',~ ,~~~(r!lUl [;.~" .r/<::>" . ~t-~ If ~ . 7., .ti~;'" ~i? \=. ;';!:fj '4!:= (,' ,...,... N "~~l.r> ...... ..,~,F, ',",__- 'I .... ~~, 0.- .. ~)i:ftti . -"~ flY; ",~:l 11 ,\,//;_." -..;,-..:.~!.-J' . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 2, 19SQ Mr. Bruce Marsland Custodian Department The Bank of New York 530 Fifth Avenue New York, New York 10036 Dear Mr. Marsland: With reference to our telephone call this morning concerning the donation of William Ward Foshay to the Town of Southold of 525 shares of the common stock of Kaneb Services, Inc., and 270 shares of the common stock of Kaiser Aluminum & Chemical Corpora- tion, it is the intention of the Town of Southold that said stock be sold and a check for same sent to the Town of Southold, Southold Town Hall, Main Road, Southold, New York 11971, attention: Mrs. Bourcet. Very truly yours, #<L~~vr- Judith T. Terry Southold Town Clerk cc: M. Bourcet ~ JUDITH 1. TERRY TOWN CLERK REGISTRAR OF VITAL SlXrlSTICS . . J'l'-=~:>-'- ,;..>...._.c"l/ -..;;>-,. i-;-~'\'" ""1 '( ,-:...", .. /' C.,} \ lJq/.....) Xc.. ,._~,; 'V'(,;q",',,\ t-,'.." ,",y~ _,.v '......~ ~:<, -;} i;z~ ;,j Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 17, 1984: WHEREAS, William Ward Foshay has donated 525 shares of Kaneb Services, Inc. stock, and 270 shares of Kaiser Aluminum & Chemical Corporation stock to the Town of SouthoId for purposes of acquisition of real property from the United States Government and located at Fishers Island, New York, and WHEREAS, The Bank of New York has requested that appropriate forms be executed by the Town of Southold for the sale of such stock by the Town of Southold, now, therefore, be it RESOLVED that the Supervisor and the Town Clerk be and they hereby are authorized to execute any and all required documents for the aforesaid purpose and then transmit the same to The Bank of New York in accordance with their instructions. Supervisor: Francis J. Murphy Town Clerk: Judith T. Terry I STATE OF NEW YORK 1 COUNTY OF SUFFOLK ss: Office of the Clerk of the TOWN OF SOUTH OLD (S:EA. iL) i \ I ! \ , f This is to certify that I, Judith T. Terry. Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the ...11th..... day of ..............lanuar.y....... 19.811.... and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof. I have hereunto set my hand ond affixed the seal of said Town this ...Jq~h.... day of ..........J~n!-!!lIr.y.............. 19M.... ~~~1j/ Clerk of the Town Board, Town of Southold. County of Suffolk. N. Y ,- . Kt<':tIVED if, 1l', 'IO::d ,\,' - . ,.,' , r CN;1 C!:( .:.~[-J . William Ward Foshay . January 12, 1984 The Bank of New York 530 Fifth Avenue New York, N. Y. 10036 Attention of Mr. Bruce Marsland Dear Sirs: Re: William Ward Foshay Custody A/C # 415820 As shown by the enclosed letter I have given to the Town of Southold for the Fishers Island Ferry District 525 shares of the common stock of Kaneb Services, Inc. and 270 shares of the comlllon stock of Kaiser Aluminum & Chemical Corporation. Please place such securities in a separate account and hold them for and subject to instructions from Ms. Mary Bourcet, c/o Supervisor, Town of Southold, 53095 Main Road, Southold, NY 11971, telephone 516 765-1800. p Sincerely, '-------< .II. /. 1(;-) / () ,. ~ . . . . RECEIVED William Ward Foshay tf'cs r &,.:;c; t:c' ,&,,X &>7.5 /;b.6E .5c>/uv'" ~LNeIM 33~6 January 12, 1984 , ",.., 1 6' '1034 u, d' _ oJ Ie ,.j ! (!,: \- ~ . ,', '-(I~:"J Ms. Mary Bourcet c/o Supervisor, Town of Southold 53095 Main Road Southold, NY 11971 Dear Ms. Bourcet: To fulfill my pledge I am giving to the Town of Southold for the Fishers Island Ferry District 525 shares of Kaneb Services, Inc. and 270 shares of Kaiser Aluminum & Chemical Corporation. Such shares currently have a market value totalling approximately $14,000. From the enclosed letter you will see that The Bank of New York has been instructed to place such securities in a separate account and to hold them for the Town of Southold and subject to your instructions. The bank officer concerned is Bruce A. Marsland, The Bank of New York, 530 Fifth Avenue, New York, NY 10036, telephone 212 536-4730. ~ Sincerely, ,~ ::::~ IS' I 0- ;> - - ---- -- / / ..... /, ,., 7 I ~ . . . . Advest. Ine. l05-b HH 140 CORPORATION ACCOUNT (SECURITY CASH ACCOUNTS ONLY-FULL AUTHORITY) To: Advest, Inc. Gentlemen: The undersigned~~~TaWon, by William R. Pell, III its~~o~ursuant to the resolutions, a copy of which, certified by the Secretary. is annexed hereto, hereby authorizes you to open an account in the name of said Corporation; and the undersigned represents that no one other than the undersigned has any interest in such account. The undersigned also encloses herewith your Customer's Agreement duly executed on behalf of the Corporation. This authorization shall continue in force until revoked by the under- signed Corporation by a written notice, addressed to you and delivered at your office at ..... is..C lar.~mQ/).t..RQ aQ.... .a~rT.\ar:Q:;Y.U J~~.. .N1lW. ..J.I: r.:;;I:Y. ..O.7.9.?.!l..................... ...... ..... ....... Dated, ...'O'~.c~m.b.I:r:..~7.,..J.!IaJ............................ ..... .,SQlJ.tllQ.lQ.... ............. (City) ....N.ew...yQrk. (5_) Very truly yours. - I.lJ ...~.~..6.1.:.~d........................... By..W.!!J.i.!\(I:I...8.....~!l!!.....!!.!............................. _-Supervisor Town of Southold . . T~.,flerk I. Judith T. Terry . bemg the ZIlf of the Town of Southold . h!:rc;PJ~ cartify that the apl)ex~d resolutions were duly adopted at a meeting of the BJ&~~xbt'~lIll6xof said ~'i~f(N?flOn. q.8~ held on the...27.th..................... day of ......c.Decemher:,.1.9.8.3; at which a quorum of said AoaraOlfx9iaJwroJlS was present and acting throughou't and that no action has been taken to rescind or amend said resolutions and that the same are now in full force and effect. I further certify that each of the following has been duly elected and is now legally holding the office set opposite his name: William R. Pell, III . ~ Supervisor John J. Nickles, Lawrence Murdock, ,Jr., ..~~Councilmen Francis J. Murphy, Joseph ~IITaomw~.er]9e1I!rI11Raymond. ~=~<r\scal Officer Judith T. Terry . s.x~ Town Clerk I further certify that the said Corporation is duly organized and existing and has power to take the action called for by' the resolutions annexed hereto. IN WITNESS WHEREOF, I have hereunto affixed my hand this 27th December . 19 83 . the day of .z4~.~e:~r Southold Town Clerk . . . . ", CERTIFIED COPY OF CERTAIN RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS WHEREBY THE ESTABLISHMENT AND MAINTENANCE OF SECURITY CASH ACCOUNTS HAVE BEEN AUTHORIZED RESOLVED- FIRST: That the President or any Vice-President of this Corporation, or or be and they hereby are, and each of them hereby is, authorized and empowered, for and on behalf of this Corporation (herein called the "Corporation"), to establish and maintain one or more accounts, with (herein called the "Brokers") for the purpose of purchasing, investing in, or otherwise acquiring, selling-, possessing, transferring, exchanging, or otherwise disposing of, or turning to account of, or realizing upon, and generally dealing in and with any and all forms of securities including, but not by way of limitation, shares, stocks, bonds, deben- tures, notes, scrip, participation certificates, rights to subscribe, certificates of deposit, mortgages, choses in action, evidences of indebtedness, commercial paper, certificates of indebtedness and cer- tificates of interest of any and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise; but such authorization shall not include the opening of marginal accounts or the making of short sales. Also, to buy/sell put and calI options contracts. The fullest authority at all times with respect to any such commitment or with respect to any trans- action deemed by any of the said officers and/or agents to be proper in connection therewith is hereby con. ferred, including authority (without limiting the generality of the foregoing) to give written or oral instruc- tions to the Brokers with respect to said transactions; to bind and obligate the Corporation to and for the carryin~ Ollt of any contract, arrangement, or transaction, which shall be entered into by any such officer and/or ;Jgcnt for and on behalf of the Corporation with or through the Brokers; to pay in cash or by checks and/or drafts drawn upon the funds of the Corporation such sums as may be necessary in connection with any of the said accounts; to deliver securities to, and deposit funds with, the Brokers; to order the transfer or delivery of securities to any other person whatsoever, and/or to order the transfer of record of any securi- ties to ;lIlY name selected by any of the said officers or lIgents; to affix the corporate seal to any documents or agreements, or otherwise; to endorse any securities in order to pass title thereto; to direct the sale or exer- cise of any rights with respect to any securities; to sign for the Corporation all releases, powers of attorney and/or other documents in connection with any such account, and to agree to' any terms or conditions to control any stich accotlnt; to direct the Brokers to surrender any securities to the proper agent or party Cor the purpose of effecting any exchange or conversion, or Cor the purpose of deposit with any protective or similar committee, or otherwise; to accept delivery of any securities; to appoint any other person or persons to do any and all things which any of the said officers and/or agents is htreby empowered to do, and generally to do anti take all action necessary in connection with the account, or considered desirable by such officer and/or agent with respect thereto. SECOND: That the Brokers may deal with any and all of the persons directly or indirectly by the foregoing resolution empowered, as though they were dealing with the Corporation directly. THIRD: That the Secretary of the Corporation be and he hereby is authorized, empowered and directed to certify. under the seal of the Corporation. or otherwise. to the Brokers: (a) a true copy of these resolutions; . (b) specimen signatures of each and every person by these resolutions empowered; (c) a certificate (which, if required by the Brokers, shall be supported by an opinion of the general counsel of the Corporation, or other counsel satisfactory to the Brokers) that the Corporation is duly organized and existing, d'lIt its charter empowers it to transact the business by these resolu. tions defined, and that no limitation has been imposed upon such powers by the By-Laws or otherwise. FOURTH: That the Brokers may rely upon any certification given in accordance with these resolu- tions, as continuing fully effective unless and until the Brokers shall receive due written notice of a change in or the rescission of the authority so evidenced, and the dispatch or receipt oC any other fonn of notice shall not constitute a waiver of this provision. nor shall the fact that any penon hereby empowered ceases to be an officer of the Corporation or becomes an officer under some other title, in any way affects the powers hereby . . conferred. The failure to supply any specimen signature shall not invalidate any transaction if the trans- action is in accordance with authority actually granted. FIFTH: That in the event of any change in the office or powers of persons hereby empowered, the Secretary shall certify such changes to the Brokers in writing in the manner hereinabove provided, which notification, when received, shall be adequate both to terminate the powers of the persons theretofore author- ized, and to empower the persons thereby substituted. SIXTH: That the foregoing resolutions and the certificates actually furnished to the Brokers by the Secretary of the Corporation pursuant thereto, be and they hereby are made irrevocable until written notice of the revocation thereof shall have been received by the Brokers. . . '19- O//<j,f-r(-I P'OIllM No. ADV.2 CORPORATE RESOLUTION To: AdvesI: . INC. 1 PUTNAM, COFFIN & BURR DOOLITTLE OIVISIONS NEWBURGER SARTORIUS Town I hereby certify that at a meeting of the Board OIfldlinrctoa of the TOWN OF SOUTHOLD municJ!t'"I .00........................ ....00...... ................ .............................. ...................................... .00......... a corpo Ion organized and existing under and by virtue of the laws of the State of...~~.w...Y.QrJs......... held the.............................2.7.tb.............. day of...........D.ecember.................. 100.3..... at which said meeting a quorum was present and acting throughout. the following resolution was adopted and ever since has been and now is in full force and effect: "RESOLVED, that the President, Vice-President and the Treasurer of this Corporation, or anyone of such officers. be and they hereby are fully authorized and empowered to transfer, endorse, sell, assign, set over, and deliver any and all shares of stock, bonds, debentures, options, notes, evi- dences of indebtedness, or other securities now or hereafter standing in the name of or owned by this Corporation. and to make, execute, and deliver, under the corporate seal of this Corporation, any and all written instru- ments necessary or proper to effectuate the authority hereby conferred." I further certify that the authority thereby conferred is not inconsistent with the Charter or By-laws of this Corporation, and that the following is a true and correct list of the officers of this Corporation as of the present date. Officers: Supervisor William R. Pell, III, Councilman John J. Nickles, Councilman Lawrence Murdock, Jr., Councilman Francis J. Murphy, Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards. In witness whereof. I have hereunto set my hand and the Seal of said Corpora- tion this.................211h..................day oL....... ...........Decemb.er.............................19.Jl.3.... ,Corporatell'ieal) (CO) \ , , I f J .~ _.~4'.t.:'Z..e.~,?':0Y==;_ Southold Town Clerk NOTE: THE PERSON SIGNING THE RESOLUTION SHOULD NOT SIGN SECURITIES. ." N '" "- ~ ~ . ~ " - -C..9i '0 .. .... O. . ~z8;:t c ailtl <0 g~:=~~ -~~NN ' +""15"ENtO ~U~~S ~:e.ll~f& "TJ ~ i 1 ~ ~ t ~ c..:> U l_tJ c: C::l ~ 'F t- 'Y) ~ " .... Q) c:: .... ell <.:) CI) ell t; C, '" :J ~ 0 .s Cl E . ,g u .~~i~1 ~~j ~~~ ,()l' ~1 ~.~ '" ~ ~~~j ~ - -- - .~ - ~ . . . \J~ L" F'a.rsons Avea de Sta Jea.nnet 06570 sta Paul~ france December 14, 1983 Mr. C. Douglas Garner Advest.!l Inca 75 Claremont Road Bernardsville, NJ 07924 (201) 221-9500 Re~ Your account # 49-010085 D€-?-3.F' Douq ~ Kindly transfer 280 shares of Xerox $5a45 preferred stock from my above-numbered account with you and hold such shares for the account of, and instructions from, the Town of Southold~ Suffolk County, New York, to whom I am sending a copy of this letter at the address belowa Thi.s municipal Dist.r--i.ct" transfer repr"esents a gift from me to the transferee~ a corporation, for the use of the Fishers Island Ferry v Copy to, .'72; 'ar-_ons, III I '. L Mary Bour.c:E~t. c/o Supervisor, Town of S thold 5~\095 Miai n Road Southold, NY 11971 . . 7iE' ~\ (]"'l~~ General Services Administration. Region 1 D ~ John W. McCormack Post Office and Courthouse L...:s, Boston, MA 02109 "~'"~'~'--'~-- Date Uecember 21, 1983 Reply to AlIn ot :lPD '-"<)'-,; .~-; ~ to"j ;; \, I ".. 'oJ Subject:Fisher's Island Southold, New York l-U-NY-404G I-N-NY-404H l-U-NY-404J l-N-NY-4041 L .,.-, ..------~_..._.._- To Mr. William R. Pell III Supervisor Town of Southold P.O. Box 728 Southold, N.Y. 11971 We are pleased to inform you of the Government's acceptance of the Town's offer to purchase the Waterfront and Housing Tracts on Fisher's Island. As specified in your offer dated September 14, 1983, the sale price is $695,000. We received an earnest money deposit of $69,500 with the offer; the balance of $625,500 will be payable on closing the sale. Our Regional Counsel will contact you in the near future to arrange for the closing. C\) ()jJ?O'1)W~ ~ BYRNES J pifector, 'Disposal Division ~:ice of Public Buildings and Real Property -J// V v' l/' l/" 1/-;;;; ; -'- - ---"-'- - l " ,.., ~.="., . ." COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE NOTICE IS HEREBY GIV- EN that the ~11,*,init r,esolu- tion, whic!1_ 'ij; .ubject dto a permis$ive referend,m,; was , adopted llt,_ SoutbOld Town Board at ~._\ar ' Md>ling held on Tueid~., December 27,1983. at the Sqjitl10ld Town Hall, Main, '...,w. Southo\d. New York: ~ ' ~&RR~, the, Town of Southllld.by resolutilln adopt- ed by-lids' Board on September 6, i9k3, autt1orizedtbipur- chase of two parcels o"~fplus U,S. Go.!'i.rnnlent prilpfs-tyat I'WIen IsJ;ed. ~ )'ark to be liae4 for ilie plJtpoIes of the FtShers Island Ferry District. and WHEREAS.,a poltion"f one ,parcel has ereetel1 \hereon a four family residence buildinll which the Con.:inissioners of the Fishers Island Ferry Dis- trict have determined will not be needed for District pur- poses, and . WHEREAS. .the said Com- missioners have received an offer' ',fo purchase ~aid four family' residence building to- gether with approximately 39.106 sq. ft. of land upon which said building is erected for the sum of 5150,765.00. and i WHEREAS, this Board I>ereby determines that it is in the.~est interest of the Town of SlWihold and Fishers Island .... ~. ;- .1"- Ferry District "that saId land and buUdiiig, "which" is" not required for TOwn and Ferry District purpclflls, biiloId for the sum of 5150-.76'5.00. NOW. THEIlBFOllE, IT IS RESOL\lli:Dthat ,the sale of the aforsllid lan4, and building for the ~um of 51S0,765.OO is hereby authorized,' said sale to be tn~de pursuant to the terms aQI,I !'Onditions of . Contract of It,' approved by the Town "':mer, and it is' further '. " SOt;'VED tb~,this res6\u- !ion is subject to ,'permissive referen.di1ln. DATED: 'December 27, 1983. JUDITHT. TERRY SOUTHOm TOWN CLERK IT-lIS/84(3) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the natice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / man once each week for .._.....................................weeks ri' successively, commencing on the ............5:..................... daY@....:..:..:..~==(;?:..~........ Sworn to before me this .........~.~...........,19..n. .............1...~.......... day of .........~~................ Notary Pub I ic I :,',;,. ~,. \' (~fri 'f! S';ff(r~ii CC< ;'~T "\~ LEGAL NOTICE NOTICE IS HEREBY . GIVEN that the following resolution, which is subject to a permissive referendum, was adopted by the Southold Town Board a t a Regular Meeting held on Tuesday, December 'n, 1983, at the Southold Town Hall, Main Road, Southold, New York: WHEREAS, the Town of Southold, by resolution adopted by this Board on September 6, 1983, authorized the purchase of two parcels of surplus U. S. Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS; a portion of one parcel has erected thereon a four family residence building which the Commissioners of the Fishers Island Ferry District have determined will not be needed for District purposes,and WHEREAS, the said Commissioners have received an offer to purchase said four family residence building together with approximately 39,106 sq. ft. of land upon which said building is erected , forthesumof$I50,765.oo,and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED that the sale of the aforesaid land and building for the sum of $150,765.00 is hereby authorized, said sale to be made pursuant to the terms and conditions of a Contract of Sale approved by the Town Attorney, and it is further RESOLVED that this resolution is subject to a permissive referendum. DATED: December'n,I983. JUDITHT. TERRY SOUTHOLD TOWN CLERK IT J5-4458 JOAN N. MAGEE 10TARY PUBLI~ STATE OF NEW YORK NO. ,2.4505858 OUALlFIED IN SUFFOLK COUN'IY )MMISSION EXPIRES MARCH 30. 1!l!fJ""" STATE OF NEW YORK I I SS: COUNTY OF SUFFOLK I JUDITH A CHIEN of Greenport, in seid County, being duly sworn, says thet he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport. in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the ennexed is a printed copy. has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 5 th day of Januarv 19l1A- ~P.",CU'f1A 0 ({Alet<- Principal Clerk 5th ~ ~? /;l~~ Sworn to before me this dayo nuary . LEGAL No. 765 \ TownofSouthold I Notice Is hereby given that the I foltowlng . resol~lon, which Is subject to a permissive referen- dum. was adopled by the Soul. hold Town Boarda' a Regular Meeting held on Tuesday, De- a!mber 27, 1983. at the Sou.hold Town Hall. Main Road. Sout. hold. New York:. .\" -," Whereas. 1tte Town of SOut- hold. by resolution adopled by I . Ithls Board on September 6, -1913. authorized the purchase of two pon:els 01 .urplus U.S. Govern. I men! pr-'Y al Fisher. 1.land. ! New York to be used for the pur- poseS of the Fishers Island fer- ry District. and Whereas. . portion Of one par. I ~.t has erected thereon a four I family residence building which the Commissioners of the I Flshers Island Ferry District I' hive determined will not be _ for DI.lrlel purpose.. I Ind Whereas. the said Commis- sioners. have received an offer to purchase said four family rl5l- ~ building together with ap. prOKlmaloly 39.106 sq.lt. oIlond upon whICh Slid building I. .rected for the sum of $lso.765.00. and Whereas. this Board hereby determines that It 11 In the best Interest of the Town of Southold and Fishers Island Ferry Dls- Irlel ""'I Slid land and building. which Is not required for Town and Ferry Dlstrld purposes. be sold for the $Um of $150.765.00 Now, therefore, It Is resolved - thlt the sale of the aforesaid lend and building for the sum of $150,765.00 Is hereby authorized, said SIlt to be made pursuant to the terms and conditions of a Contract of sale approved by the Tovm Attorney, and It Is further Resolved thlt this resolution Is subiect to I permlHlve referen. dum. oeted: December 27, 1983. JudlthT. Terry Soulhold Town Clork PUBLISHER'S CERTIFICA TE State of Connecticut County of New London, ) ) ss. New London On this 5th day of January A.D. 1<:134, personally appeared before the undersigned, a Notary Public, within and for said County and State, E.J. Maryeski, Business Office Mgr. of THE DAY, a daily evemng newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice In the case of Legal advertisement # 765 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 5th days of January A.D. 1984. c::11 /1 c. ';k;1)J.A. A / jU-J <1 t/:'- , / Subscribed and sworn to before me this 5th day of January A.D. 1984. . <Iru td-l.(1 (j t.7.. ~-t.C4COr3i: Notary Public. sULLO"..... PRO"T'"'' co. W"'TERFORD, CT. FORM., . . STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Routhold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 29th day of December 1983 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public , " place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 Legal Notice - Notice of adoption of resolution by Southold Town Board relative to the purchase of land and building by the Fishers Island Ferry District from the U.S. Government for the sum of $150,765.00. Resolution adopted on December 27, 1983. ~' ,~~~ (/ Judi th T. Terry (/ Routhold Town Clerk Sworn to be before me this 29th day of December ,19~ Oj47/U;/-~' OfiVrU Oh"!~l Notary Public EI.llMIE1H NtIl NEVlUE IlO1MY PlJ8tIc, StIlI Df New YarIl flI. 52-8125850, Suffolk CouJdJ / Tenn Ezpim March 30. 19.J2.J . . LEGAL NOTICE NOTICE IS HEREBY GIVEN that the following resolution, which is subject to a permissive referendum, was adopted by the Southold Town Board at a Regular Meeting held on Tuesday, December 27, 1983, at the Southold Town Hall, Main Road, Southold, New York: WHEREAS, the Town of Southold, by resolution adopted by this Board on September 6, 1983, authorized the purchase of two parcels of surplus U. S. Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS, a portion of one parcel has erected thereon a four family residence building which the Commissioners of the Fishers Island Ferry District have determined will not be needed for District purposes, and WHEREAS, the said Commissioners have received an offer to purchase said four family residence building together with approximately 39,106 sq. ft. of land upon which said building is erected for the sum of $150,765.00, and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED tht the sale of the aforesaid land and building for the sum of $150,765.00 is hereby authorized, said sale to be made pursuant to the terms and conditions of a Contract of Sale approved by the Town Attorney, and it is further RESOLVED that this resolution is subject to a permissive referendum. DATED: December 27, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE, JANUARY 5, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman The New London Day Town Board Members Fishers Island Ferry District Town Clerk's Bulletin Board /" !'/, )L-cU~,e+t ~ j Al-tZE;- ~n,,- CL Wfr~ " ;1./ 154' - ;. ---- ~ /u //'-/k /.-.' /?U--Q~ ."-<7 - '7;rr-". ~ LEGAL NOTICE NOTICE IS HEREBY GIVEN that the following resolution, which is subject to a permissive referendum, was adopted by the Southold Town Board at a Regular Meeting held on Tuesday, December 27, 1983, at the Southold Town Hall, Main Road, Southold, New York: WHEREAS, the Town of Southold, by resolution adopted by this Board on September 6, 1983, authorized the purchase of two parcels of surplus U. S. Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS, a portion of one parcel has erected thereon a four family residence building which the Commissioners of the Fishers Island Ferry District have determined will not be needed for District purposes, and WHEREAS, the said Commissioners have received an offer to purchase said four family residence building together with approximately 39,106 sq. ft. of land upon which said building is erected for the sum of $150,765.00, and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED tht the sale of the aforesaid land and building for the sum of $150,765.00 is hereby authorized, said sale to be made pursuant to the terms and conditions of a Contract of Sale approved by the Town Attorney, and it is further RESOLVED that this resolution is subject to a permissive referendum. DATED: December 27, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE, JANUARY 5, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman The New London Day Town Board Members Fishers Island Ferry District Town Clerk's Bulletin Board // - Ki- f-J2 --c.U.-...-c -c: - 0 1 /k/t? (). ~.,,0 /'~ "U_ I~ ._n___' . . ..~ ,/' ~~d/H~C~ --.,. LEGAL NOTICE NOTICE IS HEREBY GIVEN that the following resolution, which is subject to a permissive referendum, was adopted by the Southold Town Board at a Regular Meeting held on Tuesday, December 27, 1983, at the Southold Town Hall, Main Road, Southold, New York: WHEREAS, the Town of Southold, by resolution adopted by this Board on September 6, 1983, authorized the purchase of two parcels of surplus U, S, Government property at Fishers Island, New York to be used for the purposes of the Fishers Island Ferry District, and WHEREAS, a portion of one parcel has erected thereon a four family residence building which the Commissioners of the Fishers Island Ferry District have determined will not be needed for District purposes, and WHEREAS, the said Commissioners have received an offer to purchase said four family residence building together with approximately 39,106 sq. ft. of land upon which said building is erected for the sum of $150,765.00, and WHEREAS, this Board hereby determines that it is in the best interest of the Town of Southold and Fishers Island Ferry District that said land and building, which is not required for Town and Ferry District purposes, be sold for the sum of $150,765.00. NOW, THEREFORE, IT IS RESOLVED tht the sale of the aforesaid land and building for the sum of $150,765.00 is hereby authorized, said sale to be made pursuant to the terms and conditions of a Contract of Sale approved by the Town Attorney, and it is further RESOLVED that this resolution is subject to a permissive referendum. DATED: December 27, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE, JANUARY 5, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman The New London Day Town Board Members Fishers Island Ferry District Town Clerk's Bulletin Board . . ROBERT W. TASKER Town Attorney ORNEY D TELEPHONE (516) 477-1400 RECEIVED 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 DEe 1 91983 December 16, 1983 Town Clerk Scut:,old Hon. JudithT. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Town Acquisition of U.S. Government Surplus Property at Fishers Island Dear Judy: As you may recall, pursuant to a resolution adopted by the Town Board on September 8, 1983, the Supervisor submitted an offer to purchase the U.S. Government surplus property on September 14, 1983, at the following prices, to wit: Waterfront Tract Housing Tract Total $465,000.00 230,000.00 $695,000.00 I have been informed by Chip DuPont that this sale by the U.S. Government has been approved by the appropriate congressional committee and now only requires approval from the General Services Administration. As you also are aware, the purchase of the $465,000.00 waterfront tract near the Fishers Island Ferry Terminal is to be paid by donations by the property owners at Fishers Island. As to the housing tract on the north side of Whistler Avenue, the Ferry District has received an offer to purchase the four family residence building together with approximately 39,106 sq. ft. of land at a price of $150,765.00 I have prepared and sent to the Commissioners a proposed contract for the sale of the four family building to Paul D. Vartanian and a copy of such contract is enclosed herewith for the information of the Town Board. It is intended that the full purchase price of the four family dwelling will be paid to the Town prior to closing of title with the U.S. Government and such funds will be used to be credited towards the . . Hon. Judith T. Terry -2- December 16, 1983 purchase price of both tracts. It is also intended that at the time of the title closing between the U.S. Government and the Town, title to the four family building will be immediately transferred to Mr. Vartanian. Therefore, the Town, for a very short time, will be the owner of the four family dwelling. Section 64, Subdivision 2 of the Town Law provides that any conveyance of land by the Town is subject to the adoption of a resolution subject to a permissive referendum authorizing the sale. I have prepared such a resolution and the same is enclosed herewith. Also enclosed herewith is a photostatic copy of the housing tract showing the division line between the one family house to be retained and the four family house to be sold to Vartanian. I am also enclosing herewith a copy of a letter that I today sent to Henry Raynor requesting a set off or permission to divide the property. Yours very truly, /* ROBERT W. TASKER RWT :aa encs. " -, .I NltHU turm IW41 (kev, I U.,ONTRA1-1 Ut :)ALt. . WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"), CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract foml does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One pan of (hat law makes a purchaser responsible for fire and casualty loss upon takingof title to or possession of the premises. CONTRACT OF SALE made as of the day of ,19 BETWEEN TOWN OF SOUl' HOLD , a municipal corporation of the State of New York having its principal office at 53095 Main Road; Southold, New York Date: Part,,,, M5l'x~: hereinafter called "SELLER", who agrees to sell; PremlS~S: and PAUL D. VART:ANIAN , Address: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described as, all 'that certain pial, piece or parcel of land, with the buildings and improvements thereon erected, siruate,lying and beingwxtlc;at Fishers island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument on ~he Southwesterly line of Equestrian Avenue, located 6111.43 fect North of a point which is 4127.52 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 66 degrees 42 minutes 00 seconds West 121.00 feet to an iron pipe; thence South 22 degrees 47 minutes 00 seconds East 200.99 feet to an iron pipe on the Northwesterly line of Whistler Avenue; thence along said A.venue line on the following three courses: North 67 degrees 13 minutes 00 seconds East 154.55 feet to a drill hole in a sidewalk; North 43 degrees 26 minutes 00 seconds East 60.12 feet to a drill hole in a sidewalk and North 28 degrees 19 minutes 00 seconds East 97.39 feet to the Southeasterly line of said Equestrian Avenue; thence SQuth 79 degrees 28 minutes 15 seconds Westl03.45 feet along said Avenue line to a monument; thence North 56 degrees 10 minutes 50 seconds West 113.17 feet along said Avenue line to the monument at the point of beginning. Containing 39,106 ,sq. ft., more or less. TOGETHER with and subject to any existing rights for the use and maintenance of a sewer I ine crossing the above described premises and adjoining property. SUBJECT to rights of others to use and maintain the existing poles, overhead utilities and telephone lines and building on and crossing the above described premises. SUBJECT also to the rights of others to use, repair and maintain the existing right of way which crosses the above described tract. SUBJECT to the adoption and taking effect of a resolution adopted by the Town Board of the Town of Southold, subject to a permissive referendum authorizing this conveyance. . ~; .. '. nown as: Street Address: Tax Map Designation: /""0-009- /t7- 'I Together with SELLER'S interest, if any. in streets and unpaid awards as set fonh in Paragraph 9. Pe-ponal Propm' Purchase Price: Existing Mortgage(s), Acceptable Funds,' "Sul!Ject tu" Provisions: TItle Company Ap/"Qval. ~; ""' The sale a1'1O includes all fixtures and articles of personal property attached to or used in connection with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds,dishwashers, washing machines, clothes dryers, garbage disposal unitsi.:~anges, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are: Furniture and household furnishings, 1. (a) The purchase price is Payable as follows: $150,765.00 , ;',' On the signing of this contra<:t, by check subject to collection: $ 211, 500. 00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or a!signs) to SELLER: $ - 0- . BALANCE AT CLOSING: $ 126, 265. 00 ( e that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MO AGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the dard form of New York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the gage recording tax, recording fees and the attorney's fee in the amount of $ or its preparation. (c) If any required payments are made on an EXISTING MORTGAGE berwe ow and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the unt shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agr at the amount shown in Paragraph 2 is reasonably correct and that only payme!'ts required by the EXIST MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintaine r the purpose of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigne n that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subje 0 the continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in tile unpaid princi amount of $ and interest at the rate of per cent per year, presently payable in installments of $ , which include principal, interest,. and with any balance of principal being due and payable on SELLER reby states that no EXISTING MORTGAGE contains any provision that permits the holder of the ge to require its immediate payment in full or to change any other tefm thereof by reason of the fact of 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($ I ,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, ptto the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. . c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PUR CHASER up to the amount of ($ 1,000.00 ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be: transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREM ISES. b. Consents for the erection of,any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, are"" cellar steps, trim and cornices, if any, upon any street or highway. d.See Rider Attached 5. SELLER shall give and PURCHASER shall accept such title as the seller acquires from the U. S. Government the present owner ' ---.or 8fTh. New York Board ofTi~lerwriters ~1I hp:,,:JliRg 18 a, ....~.,.,.-:md l_re In accordance with their standard form of OIL r~l.-J' ~kBJfEt 8 :kf D._en pra.uled far . ,~ . . RIDER Attached to Contract of Sale between the Town of Southold, as Seller and Paul D. Vartanian, as Purchaser, Dated 1. It is understood and agreed by the parties hereto that the Seller is not presently the owner of the premises described in the within contract, said premises being owned by the U. S. Government. That said premises, together with other U. S. Government owned premises at Fishers Island are being offered for sale by the U. S. Government on a "Negotiated Sales" basis and that the Seller herein has submitted an offer to purchase the subject premises together with premises adjacent thereto and premises in the vicinity of the Fishers Island Ferry District Ferry Terminal, and that the U. S. Government has not at this time accepted the Seller's offer to purchase. That annexed hereto and made a part' hereof is a copy of said offer to purchase. That by reason of the foregoing, it is agreed that this contract is subject to the seller's said offer to purchase being accepted by the U. S. Government and the Seller's acquisition of the premises which are described in said offer to purchase. This contract is further subject to all of the terms and conditions of said offer to purchase. The purchaser herein further agrees to accept such title as the seller acquires from the U. S. Government. 2. It is further agreed between the parties hereto that the parties hereto contemplate that the closing of title herein will take place simultaneously with the title closing between the seller herein and the U. S. Government, whereby the seller will acquire title to the subject premises and other premises which are the subject of the annexed offer to purchase. 3. It is further agreed and understood between the parties hereto that the pa rties contemplate that the seller herein intends to use the proceeds of this sale to apply towards the purchase by the Seller from the U. S. Government of the property which is the subject matter of the annexed offer to purchase. It is therefore agreed that upon written demand by the seller herein, to the purchaser herein, that the purchaser shall pay the balanCe of the purchase price to the seller by certified check within ten days after such demand is received by the Purchaser. Such sum to be held by the Town Attorney in escrow until title closing. .....;.,,c:;. TOWN OF SOUTHOLD BY Supervisor Paul D. Vartanian "'I!:> D'jin,d . And Form of Dud.' ClOSIng Date and Pla<<: Broker: Streets and A..ignmnil of Unpaid Awards: Mortgagu's CmifU;ate or Letter as to Existing Mortgagts(s): Compliana with State and Municipal D,partment Violations and Orders: Omit if tilt Property is not in tht City of New York: irIS/aliment Asstssment: Appartionments: Water Meter Rtad;ngs: . ALJowana for Unpaid TllXts. de,,' }~ llse oj rhaSf Price to, Enculll ',I' 4ffidauit as to ,',:1, )Iwginm/s. ::~lnRruptcifS: IS. ""..vJUH" Ihcdh' 6ttlemelll 01 toe oOllganons of SELLEk .....u""'...,...,.:.,, Lv cdcol UU.Cl UHOe. u,,_ contraa, including the p~ent of the purchase price to SELLER, an~ delivery to PURCHASER of a Bargain & Sale w Icovenants deed in proper statutory form for recording so as 10 transfer full ownership (fee simple tide) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certitying such resolution and setting forth facts showing that the transfer 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 that seaion. 7. CLOSING will take place at the office of General Services Administration.John McCormack Pile.' and Court House. ~~~~ass. ~lt simultaneously with the title closing between seller and GSA 8. PURCHASER hereby states that PUR,CHASER has not dealt with any broker in connection with this sale other than aRS i:E.h1.ER~~n:e.:J t8 r~ the kf8lKI UU: i3...mi:lJilu. ~..l.A t<t.~lik} (y_....__.llb J'y~4K. -e.~~...~..l). 9. This sale includes all of SELLER's ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES 10 the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking l!ly condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER. at. CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collea the award and damages. 10. SELLER agrees to deliver to PURCHASER A T CLOSING, a certificate dated not more thah thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mongage is a bank or other institution as defined in Section 274-a, Real Property l4>w, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. II. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or ..requirements noted in or issued by any governmental dep"'1ment having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. Tbe PREMISES shall be transferred free of them at CLOSING and this provisiop shall survive CLOSING. SELLER sball furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. b. All obligations affecting the PREMISES, incurred pursuant to tbe Administrative Code of the City of New York prior to CLOSING and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive CLOSING. 12. If at the time of CLOSING the PREMISES are affeaed by an as.essment which is or may become payable in annual installments, <\Qd the first installment is tben a lien, or has been paid, then for the purposes of this comraa all the unpaid installments shall be consider<!d due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: (~ R.....D. ~ (U.d ~lu_I....vH......u.d. (b) l..l\.........lu.. rJUSTlfJG ~leRT&~~GE{S). (....) P.......;.......... ...... ....-.:.ll;..~ ~_,...f_..&1l ir"'''...,......~ F~lki~i: aRE! fORO-1lI0 sf thel! !upirLe y.:':'1l M Gh€lSlfJfJ. (d) Tax~s. water charges and sewer renu. on the basis of the fiscal period for which assessm. (~) }8:ye!0[ ). (~ VlltIh ebarbl!!, if m.). If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. .', Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. Ifthere be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apponioned on the basi, of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, waler charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any ponion of the balance of the purchase price 10 di.charge il. As an alternative, SELLER may deposit mOlley with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon requesl made within a reasonable time~fore CLOSING, PURCHASER agrees to provide .eparate certified checks as requested to assist in clearing up these matters. . I 'I' a title examination disclose'1udgments, bankruptcies or other returns against persons having names the same a, .lilar 10 thaI of SELLER, SELLER shall deliver a satisfactory detailed affidavil al CLOSING showing that they "are IIvl against SELLER. and Recordinf Ai 'I lMn: Selier's lnabtJay to convty and limttalion of liability: ConditIOn of Property: Entire Agretmmt: Changes Mwt Be In Wnting: Singular al.o Means PlUTal: TITLE NO. County officer in the amount of any applicable transler and/or recordmg taX payable uy le""oll 01 me oe"vel)' 01 ,ccording of the deed, together with any required taX return. PU RC HASER agrees to duly complete the taX relurn and to cause the check(s) and Ihe taX relurn to be delivered 10 the appropriale officer promptly afler CLOSING. 19. All money paid on account of Ihis COntraCI, and Ihe reasonable expenses of examinalion of Ihe lide to the PREM ISES and of any survey and survey inspeclion charges are hereby made liens on the PREMISES and collectable oul of the PREM ISES. Such I iens shall nol continue after defaull in performance of Ihe contract by PURCHASER. 20. If SELLER .is unable to transfer tide to PURCHASER in accordance with this conlracl, SELLER'S sole liability shall be to refund all money paid on account of Ihis contracI, plus all charges made for: (i) examining Ihe title, (ii) any appropriate additional searches made in accordance wilh this COntraCI, and (iii) survey and survey inspeclion charges. Upon such refund and payment Ihis conlract shall be considered cancelled, and neither SELLER nor PURCHASER ,hall have any funher rights against the olher. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in Ihis sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject 10 reasonable use, wear, lear, and natural delerioration .between now and CLOSING. PURCHASER shall have the righI, aftcr reasonable Il9tice 10 SELLER, to inspecllhem before CLOSING. 22. All priorunderSlandin@;s and agreements between SELLER and PURCHASER are merged in Ihis contraCt. It completely expresses their full agreement. It has been entered into after full investigation, neilher party relying upon any statements made by anyone else Ihal are nOI set forth in Ihis contract. .' 23. This contract may nOI be changed or caricelled except in writing. The contract shall also apply 10 and bind Ihe distribulees, heirs, exeCU[QfS, administrators, successors and assigns of the. respective panies. Each of the parties hereby authQtize their allorneys 10 agree in writing 10 any changes in dales and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contraCt may require it. I n Presence of: TOWN OF SOUTHOLD By Supervisor ., PaulO, Vartanian Closing of title under the wilhin contraCt is bereby adjourned to at o'clock, at as of 19 Dated, 19 For value received, the within contract and all the righI, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto . and said assignee hereby assumes all obligations of the purchaser thereunder. Da~d, 19 19 , ; title to be closed and all adjustments to be made Purchaser Assignee of Purchaser PREMISES ,Il.' ! ..( ,. Section Block Lot. County or Town Street Numbered Address Recorded At Request of ,.' ;" To: U.-UFE TITLE INSURANCE Company of New York RETURN BY MAIL TO: Standard Form of New York Board of TIUa Underwriters Oislrlbuted by U.-UFE TITLE INSURANCE Company of New York . Zip No. , _.~_-t-_' .-- ~,~"",',.~-~'.._~,""-',. . . C'1 ~ t~ 010 Olll -:I]' ,iNl,' ~u ~ . ..::l.'" .-----~-r,.b:. , -z- . I @ ! . -= . ~ " )\ 0~ ~ ~ ... N; '" > " ': " \ I r u " w '" ~ ~ ~ ).. ~ ---c1.,,_S , .. ',.e. , ~ :,~ ,;' o . ~ U . . , '\ F' (J) o o ~ .. " >- ~ '" W ~ o '" ~ J ~. o -' o :I: .... . 5 I ! CI) ~l ~ 1 i\ ~\ I ~ >- v C " C> ~< -"' 0" :; u.. v >- u.. '; ~ ::> L.. Ii CI tJ') (1) - Z tJ') ~ . u... u...; o ~,...... >-I-C-o t->~~ Z _u..t: ::l 4; ~ O 0. .~ o '" U,t @g 0< ~- " \ , r I . I' . " I i'! . . . . . . ., . g II . ; ~~~~~ ~ , , j i i I !! :; ! 6 i iill! II i'"i@R& II , , ! ! t ~ ~ ;i ~ Z i !.' ~. , ,. ~j!~~ i!! i .....-:lIt:-. III I I I I I ." c :'111. .:jHjj. ...lIU , . . . ROIlFRT W. TASKFR ORNEY D TELEPHONE (516) 477-1400 rll\\11 Alll1rlW}' 425 MAIN ST. GREENPORT, L.I., NEW YORK lJ944 December 15, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: U. S. Government Surplus Real Property at Fishers Island to be acquired by the Town of Southold Dear Henry: Several months "ago, the General Services Administration of the U. S. Government offered for sale several parcels of surplus property located at Fishers Island. The property consists of two tracts of land. One tract (waterfront tract) containing approximately 4.52 acres, consists of 3 parcels near the Fishers Island Ferry District Ferry Terminal. The second tract (housing 'tract) contains approvimately 1.463 acres, on the north side of Whi.stler Avenue at its intersection with Equestrian Avenue. This tract has erected thereon a one family brick house and a four family brick house. Under the terms of the sale, G.S.A. will accept only offers to purchase both tracts. The Fishers Island Ferry District is interested only in the waterfront tract and the one family dwelling on Whistler Avenue. However, to acquire the property in which it is interested, all property must be purchased. On September 6, 1983, the Town Board authorized the purchase of both tracts, and on September 14, 1983, the Town submitted an offer to G.S.A. to purchase both tracts at the following prices: Waterfront tract Housing tract Total $465,000.00 230,000.00 $695,000.00 The Commissioners of the Ferry District have received pledges from property owners on Fishers Island to donate sufficient funds to pay for the cost of the Waterfront tract. '. J . . , Henry E. Raynor, Jr. -2- December 15, 1983 The Commissioners have also received an offer to purchase the four family dwelling and 39,106 sq. ft. of land upon which it is erected for the price of $150,765.00. The General Services Administration has not, as yet, accepted the Town's offer to purchase. However, the sale has been approved by the .appropriate Congressional Committee, and the approval. by G.S.A. appears reasonably certain. If this purchase is consummated, it is contemplated that the acquisition of the two tracts by the Town and the sale of the four family dwelling parcel will take place simultaneously (the proceed of the sale of the four family dwelling will be applied towards the purchase of the two tracts) . Enclosed herewith is a map of the housing tract divided into Parcel A and Parcel B. Parcel A containing 22,029 sq. ft. will be retained by the Town for the use of the Fishers Island Ferry District to house its personnel. Parcel B containing 39';106 sq. ft. will be sold. Although both the Town and the Ferry District are governmental agencies, and, therefore, are not subject to zoning regulations, the parcel being sold to a private individu<ll would, in my opinion, be subject to the zoning regulations. Therefore, it would appear that the division of the housing parcel will require approval of the Planning Board as a set off. It would also appear that a variance may be required since the parcels are undersized. On behalf of the Town of Southold, I am hereby applying to the Planning Board for its approval of the set off as shown on the enclosed map. If the Board wishes further information, please so advise me. If the Board wishes me to attend its meeting to discuss this further, please so advise me. Very truly yours, ~~,A ROBERT W. TASKER RWT :aa . . KOUl':K'I' W. 'I'ASKEII Town Attorney TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.J., NEW YORK 11944 September 14, 1983 Mr. John P. Byrnes Director, Disposal Division . Office of Public Buildings and Real Property General Services Administration, Region 1 John W. McCormack Post Office and Courthouse Boston, Massauchetts 02109 Attention; 1 PD Subject: Fishers Island, Southold, New York 1-U-NY-404G, 1-N-NY~404H, 1-N-NY-4041, 1-U-NY-404J Dear Mr. Byrnes: In accordance with your August 30, 1983 letter to Reynolds du Pont, Jr., Chairman of the Board of Commissioners for Fishers Island Ferry District, I am submitting herewith, in duplicate, the offer to purchase which you enclosed in your August 30, 1983 letter, properly executed by the Supervisor of the Town of Southold. Also enclosed herewith is a certified check made payable to the General Services Administration in the amount of $69,500.00. This offer is being made by the Town of Southold rather than the Fishers Island Ferry District for the reason that under the law providing for the establishment of the ferry district, the Town of Southold holds title to all of the property of the ferry district. However, the property which is the subject of this offer to purchase will be devoted to Fishers Island Ferry District purposes. I n your letter, you indicated that this proposal will"be forwarded to Washington for congressional review and final acceptance by the General Services Administration. In this respect, I would appreciate if you would keep me advised as to the status of this offer as well as any action taken by Congress. Also enclosed herewith is a certified copy of a resolution of the Town Board of the Town of Southold authorizing the execution of this offer. . . Mr. John P; Byrnes -2- September 111, 1983 If any further information is required, please so advise me. Yours very truly.., tP#tp~ ROBERT W. TASKER RWT :aa ene. . . O~~~ General Services Administration, Region 1 DI'\-. ~ John W. McCormack Post Office and Courthouse ~ L3: Boston, MA 02109 Date Reply to Altn of: August 30, 1983 1PD Subject: Fishers Island, Southold, New York 1-U-NY-404G, 1-N-NY-404H, l-N-NY-404I, 1-U-NY-404J To Mr. Reynolds du Pont, Jr. Chairman Board of Commissioners Fishers Island Ferry District P.o. Box H Fishers Island, New York 06390 On July 11, we forwarded the Offer to Puchase covering the Housing and Waterfront Tracts at Fishers Island, Southold, New York, for a selling price of $760,000. Your Board of Commissioners considered the price to be substantially higher than the value estimated by your appraiser. Consequently, the Board proposed a counter offer of $684,000, which we considered to be too low. We advised that the negotiated aspect of this transaction gave the Ferry District the advantage of purchasing without competition but our appraisal must be used for determining the price. After several discussions, you and Mr. Richard Stewart of my staff agreed upon a price of $695,000 which is one your Board would accept and this office could support. The proposed selling price for the two tracts is as follows: Waterfront Tract - $465,000 Housing Tract - $230,000 $695,000 Enclosed is the first page of the Offer to Purchase that has been revised to reflect the new price. -. Please understand that the result of the recent negDtiation does not constitute the approval of your price by this office. Rather, it is the basis of a proposal that we can recommend to Washington. We would appreciate receiving the executed copies of the offer by September 16, 1983. At that time, the proposal will be forwarded to Washington for congressional review and final acceptance by the General Services Administration. ~ ~~~~O~;i~US if you have any questions. lo1lN P. BYRNES ~irector, Dis osal Division ,~ffice of Public Buildings and Real Property . . OFFER TO PURCHASE Fishers Island, Southold, New York Navy Cove Area l-N-NY~404I Coast Guard Warehouse l-U-NY-404G Coast Guard Station l-U-NY-404J Navy Family Housing l-N-NY-404H The Town of Southold, Main Roa<i Southold, New York, hereinafter called the'Purchaser, hereby offers to buy from the United States of America, hereinafter called the Seller, the property described in the attached Schedule A for a sum of six Hundred Ninety-Five Thousand Dollars ($695,000). A certified check in the amount of Sixty-Nine Thousand Five Hundred Dollars ($69,500) made payable to the General Services Administration is herewith deposited .as earnest money. This offer is made subject to the fol~owing, copies of which are attached hereto and made a part hereof: 1. Provisions of GSA Form 2041, General Terms Applicable to Negotiated Sales, as amended; 2. provisions of a non-descrimination covenant substantially as set forth in Section 101-47.307-2(b) of the Federal Property Management Regulations (copy attached); 3. Excess Profits Clause; 4. A statement by the Purchaser of the legal authority to acquire and the availability of funds to pay for the property; 5. Evidence of the authority of the person(s) signing the offer to act on behalf of the Purchaser. If this offer is accepted, the Purchaser proposes to use the property for the following purposes: Housing Tract - Housing for Fishers Island Ferry District Personnel Waterfront Tract - Fishers Island Ferry District parking & other Ferry District uses Submitted on this 14th day of September, 1983 Town of Southold -- By IJ..V"'=" @ C;:>....,dt6 Title Supervisor Date September 14. 1983 Certified By ~"h--L,-~~_____ udith T. Terry Title Town Clerk . 1. CONDiTION OF PROPf.H.TY. TIll' llrOlk'rty is offerc'd "As Is" ..llld "WI1l'l"L' [s" Wllhuut rl'pr"~!'lll.llLUlI. warr.tlIty, 01' guar~ .Ulty as to qu.ultily. quality. L'hara<:tl'l', condition, size, or kllld, or that the same i:s ill cundition or fit to be used (or the tJur~ose for which intended, and no claim (or any allowance or deduction upon such grounds will be considered. 2. EARNEST MONEY DEPOSIT. The after must be accom- iJanied by an eJ.rnest money deposit in such an amount and in such form as may be required by the Government. Upon ac- ceptance of the offer. the dl'!)OSit shall be applied toward pay~ ment of the oHeror's obligation to the Government. In the event the offer is rejected. the deposit will be returned. with- out Interest. as promptly as possible after rejection of the oUer. .- 3. CONTINUING OFFER. The oHer shall be deemed to be a firmandcontinuingofferlrom the date of receipt until accepted or rejected by the Government; provided. however. that after 90 days have elapsed from the date of receipt. the offeror not having received notice of rejection may consider his offer rejected. and if the Government desires to accept the oHer after such 90-day period. the consent of the offeror thereto shall be obtained. 4. NOTICE OF ACCEPTANCE OR REJECTION. Notice by the GOvernment of acceptance or rejection of the offer shall bl; deemed to have been sulfidently given when telegraphed or mailed to the oUeror or his duly duthorized representative at the address indicated in the offer. 5. CONTRACT. These General Terms Applicable to Nego- tiated Sales. the offer, and the acceptance thereof, shall con- stitute an agreement between the oHeror and the Government. Such agreement shall constitute the whole contract to be.suc- ceeded only by the formal instruments of transfer, unless modified in writing and '<igned by both parties. No oralstate- ments or representations made by, or lor. or on beh..lli oi either tJarty shall be a part of such contract. Nor shall the contract, or any interest therein, be tr.l.nsferred or assigned by the offeror without consent of the GOvernment, and any assignment transaction without such consent shall be void. 6. RESCISSION. _be transmitted to the Attorn eral States ~ advice whether the sal culd tend to create or situation inconsiste ith the antitr s. The acceptance ffer by th v may be rescinded by the GOvernmen . b. An explanatory statement of the circumstances of the proposed disposal will be submitted to the appropriate committees of the Congress because of its negotiated character and the offer lJrobably will not be acco:pted by the Government until after the proposed disposal has bt:I::H con- sidered by such committees. However, in any event, the Government may rescind its acceptance at any time during the 90-day period following such acceptance, if it is reasonably determined by the Government that such a.ctloa. is justified in the light of the circumstances then prevaUinc. c. Any recission, I'ursuant to a:=:r b, above, will be with out liability on the part of the Government other than to re- turn the earnest 'TIoney deposit without interest. 7. REVOCATION OF OFFER AND DEFAULT. II> tbe event of revocation of the offer prior to acceptance, or' in the event of any default by the offeror in the performance of thp. con- GE"ERAL SERVICEli A.CMINISTRATlON . ~EHERAL TERMS APPLICABLE TO HEGOllA TED SALES (Surplus Real Properly) 1I',,<.:t cre, red by such aCC(1)tance, thl..' deposit, tot;:dher \\'ith <lny jMyments subsequently made I!ll account m.lY be forkltcd at the option of the Government. in which CVL'nt the olkl'or shall be relieved from further lialJilit\.. 01" without forlL'iting the said deposit apr\ payments. the Government may avail it- self of any legal or equitable 1'ights which it may hJxe under the offer or contract. - 8. OTHER TERMS APPLICABLE TO A SALE. i:: .:.. ~.: .' .... a. As of the datenf assumption of possessiono( the pro~ perty. or the date of conveyance~ whichever occurs hrst. the offeror shall assume responsibility for care and handling and all risks of loss or damage to the property and rnl.\'e all obligations and liabilities of ownership. - b. Any title evidence which may be desired by the offeror will be procured by him at his sole cost and expense. The Government wUl, however, cooperate with the offeror 01' his ;,uthorizedagentin this connection. and will pel'ntit ex- a min.1.tion and inspection of such deeds. abstracts, alfida\'i!s of title. judgments in condemnation proceedings. 01' other documents relating to the title of the premises the property involved, as it rnaybave available. It is understood that the Government will not be obligated to pay for any expense incurred in connection with title matters or survey o( the property.. c. Upon aS5Ul11tJUOn of ~ssession of the property, or con- veyance of the property, whichever occurs Hrst, the oHeror shall assume responsibility for all general and special real and personal property taxes which may have been or may be <lssessedon the property, and sums paid, or due to be ~aid, by the Government in lieu of taxes- ,lUrsuant to statutory au- thority shall be prorated. . d. In the event an offer to purch~lse for case is .tccq)tcd and possession of the property is assumed by the oHeror prior to the date of conveyance, the oHeror shall procun and maintain insurance at his expense, effective [or the period from the date of assumptwn 01 possession to date of conveyance, (or the benefit of the Government in SUCH Kinds and amounts as may be required by thE' Government, with companies acceptable to the GOvernment. m deed or deed without warranty and where appr of sale, in conformity with local law 11 :: .:; ~ . In the e Ilt the oUer to purchase is ma on crL'di rms, Hnand' data, referencesalld suchoth nformatio s maybe reques d by the Government, sl be promptl nished by the conditions shal e applicable. ce of the offer to pur erse hnding by the Govern anci<ll responsibility, with of t Government other thall t ney dep it wi thou! interest. 11 procure a his expense g the term credit extended effechv as oC the te of assumption of pas ssion o{ the pro perty or e date o{ conveyance, which er occurs firs {or th beneUt of the Government in uch kinds an ts as may be required by the Gover ent. Contemporaneously with the deli very to {documents conv~ the property pure ,.. GSA ~OR" 204' I R!V, I '11 . ~._.w..l..W.,-iJ4-.ti..l.I...u.OlIl(.\_-.uI. .to'"'''' 1;"'1., acto y to the Government. eVldencing his obligatio r pa,-mentofthe balance of the purchase price; an , , b) A pt\hase money mortgage, vendor's lien an ortgag' or deed of trust, in conformity wllh h ractice.( the State in which the property i 0 ated; the cument in any case, however, to e i ormand su 'lance satisfactory to the Gover ent od in any ev 01 to include: i. A restrr tion against sale, lease ( less th offered without leas' g restric er disposition of t mortgage rttilereofwithou rior weitte vernment; obligatio on any 1n n the part of allowance of r sonable attorney to the Gover. ment in the event and to a d ficiency judgment ( Wbited by State law) after Coreel exercise f power of sale in the m e mortgagor t . fees and cost foreclosure ere not pro ure sale 0 tgage; an (4) Int est shall be computed at the rate prescri e i-n-=the Defer. Accrued -i:flteres tll'ineiJ:3Rl iREtalllW. At. ~S. -..SI< DC 1!-b7"O . ~ I:.... "i; ~ . '!:. - ~~~~TL: ;H:~;: ... - 11 pay all taxes i sed on this tran8~ obtain at his own expen instruments f conveyance and security uments such d documentary stamps as may be equired by Feder and local law. All instruments of conve nee and sec ty documents shall be placed on record in th n~ prescr.ibed by local recording statutes at the offer's 9. OFFICIALS NOT BE BENEfiT. No member a! or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of the contract of sale or to any benefit that may arise therefrom, but this provision shall not be con~ strued to extend to the contract o[ sale if made with a cor- poration ror its g~neral benefit. If.~ !;' 10. COVENANT AGAINST CONTINGENT FEES. The af[erar warrants that he has not employed or retained any person or agency to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall gi ve the Government the right to annul the contract without liability or in its tliscretion to recover trom tne olleror the amount of such commission, percentage. brokerage. or contingent fee in addition to the consideration herewith set forth. This war~ ranty shall not apply to commissions payable by the offeror upon the contract secured or made through bona fide estab~ lished commercial agencies maintained by the offeror {or the purpose of doing business. "Bona fide established commercial agencies" has been construed to include licensed real L'state brokers engaged in the busir.ess generally. 11. TITLE: Within 60 days after acceptance of this offer, or such longer period as may here- ~. after be agreed in writing, Seller shall tender to Purchaser a good and sBfficient deed to the property, without warranty, express or implied. Simultaneously with delivery of such deed, Purchaser shall pay to Seller the full purchase price. 12. The instrument of conveyance shall include a non-discrimination covenant substantially as set for in. the attached sample. ~: -. -. .... 13. Sale closing will be held in GSA's Office of Regional Counsel, Room 805, John W. McCormack Post Office and Court House Building, Boston, Massachusetts. ,. 2 " f::.: C;SA F()RM 2041 {IlEV. 1."1 (8AOO . - -- . FPMR lOl.L7.307.2(b) NON-DISCRIMINATION COVENANT (to be included in instrument of conveyance) The Grantee covenants for itself, its heirs, successors, and assigns . and every successor in interest to the property hereby oonveyed, or ~ part thereof, that the said Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the use, occupancy, sale, or lease of the proPerty, or in their employment practioes conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains . the owner of ~ land or interest therein in the locali ty of the property hereby conveyed and shall have the sole right to enforce this covenant in ~ court of competent jurisdiction. "- --..--- . . EXCESS PROFITS CLAUSE with respect to the real property described in Schedule A (the "subject property") if at any time within a three-year period from the date of transfer of title by the Grantor, the Grantee shall sell or enter into agreements to sell (hereinafter referred to as a "disposition") in one transaction or series of transactions, it is agreed that all proceeds received or to be received from such disposition (whether received during the three-year period or thereafter) in excess of the Grantee's costs will be remitted to the Grantor. For purposes of this agreement the Grantee's costs shall include, but not be limited to, expenditures made or incurred by Grantee on or with respect to the subject property, or which benefit the subject property, for the following: (1) land acquisition: (2) property maintenance and insurance; . (3) financing; (4) marketing and promotion; (5) project administration; (6) physical development, including road construction, storm and sanitary sewer construction, other public facilities or utility construction, building rehabilita- tion and demolition, landscaping, grading and other site or public improvements; and (7) planning, design and engineering services; provided, however, that the Grantee's costs will not include expenditures to the extent the same are defrayed by Federal Government grants. In the event that there shall be a disposition within such three- year period that consists of less than all of the subject property, in determining whether the proceeds received at any time from such disposition are in excess of the Grantee's costs appropriately allocable to the property which is the subject of such disposition, the total Grantee's costs incurred prior to the receipt of such proceeds shall, as may be appropriate and equitable, either be: (a) specifically allocated between the property which is the subject of the disposition and the remainder of the subject property held by the Grantee, o{ (b) multiplied by a fraction the numerator of which is the area of the property which is the subject of the disposition and the denominator of which is the net developable area of the subject property, and the result allocated to the property which is the subject of the disposition. This covenant will run with,the land for a period of three (3) years from the date of conveyance. . . SCHEDULE A Fishers Island, Southold, New Yor~ Waterfront Tract Being those three parcels of land on Silver Eel Cove, which total 4.52 acres of land and improvements, situated on Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: 'Navy Cove Area Beginning at a 3/8-inch square iron spike driven in the macadam pavement a distance of twenty-eight and five tenths (28.5') feet in a Northeasterly direction from the Northwest corner of the Artillery Engineer & Storehouse Building, and, One Hundred nineteen and no teoths (119.0') feet in a Southerly direction from the West corner of the Firehoqse Building, and Sixty-seven and three-tenths (67.3') feet in a Westerly direction from the South corner of the Firehouse building; said iron spike marking the East-Central corner of the property; from this point running South 390- 00' West for a distance of Two Hundred sixty-one and four tenths (261.4') fest to a 3/8-inch iron rod set in ~he macadam pavement; thence running North 51 00' West a distance of Eighty-two and fifty-five one-hundredths (82.55') feet to ,another 3/8 inch iron rod driven in the macadam pavement; thence running South 500 33' West a distance of One hundred eight-two and seventy five one-hundredths (182.75') feet to a point; thence running North 490 51' West a distance of Twenty-five and no tenths (25.00') feet to a point; thence running North 500 33' East a distance of forty and no tenths (40.0') feet to a point; thence North 490 51' West a distance of two hundred and no tenths (200.0') feet to a 3/8-inch iron rod set in macadam; thence North 410 09' East a distance of three hundred seventeen and two-tenths (317.2') feet to a 3/8-inch iron rod set; at the approximate high water mark of Fishers Island Sound; thence meandering along said high water mark on a course North 780 22' 30" East a calculated distance of one hundred ninety-one and seven one-hundredths (191.07') feet to a point; thence running south 320 30' East a dist~nce of two hundred fourteen and no tenths (214.0') feet to a point or place of Beginning; all bearings referr€d to the magnetic meridian on April IS, 1953; containing 2.87 acres more or less. . . Coast Guard Warehouse Area BEGINNING at a 3/8-inch square iron spike driven in the macadam pavement a distance of TWENTY-EIGHT AND FIVE-TENTHS (28.5') FEET in a Northeasterly direction from the Northwest corner of the Artillery Engineer & Storehouse Building, and, ONE HUNDRED NINETEEN AND NO TENTHS (119.0') FEET in a Southerly direction from the West corner of the Firehouse Building, and, SIXTY-SEVEN AND THREE-TENTHS (67.3) "FEET in a Westerly direction from the South corner of the Firehouse Building; said iron spike marking the Northeast corner of the property; from this point running South 510 00 E, a distance ONE HUNDRED SEVENTEEN AND NINETY-ONE HUNDREDTHS (117.91') FEET to a point, thence turning and running South 600 00' West for a distance of THIRTY-SEVEN AND SIXTY-TWO HUNDREDTHS (37.62') FEET to a 3/8-inch square deck spike driven in the macad~m pavement of Tyler Lane; thence turning and running South 550 30' West for a distance of TWO HUNDRED THIRTY-SIX AND NO TENTHS (236.0') FEET to a 3/8-inch square deck spike driven in the macadam pavement; thence turning and running North 510 00' West a distance of THIRTY-SEVEN AND FOUR-TENTHS (37.4') FEET to a 3/8-inch iron rod, 4 feet long, driven in the macadam pavement; thence turning and running North 390 00; East a distance of TWO HUNDRED SIXTy-oNE AND FOUR-TENTHS (261.4') FEET, Paralleling the West side of the building known as "Artillery Engineer &.Store- house Building", to the point of BEGINNING; consisting of approximately FORTY-FIVE ONE-HUNDREDTHS (0.45) ACRES: all bearings referred to the magnetic meridian on 15th and 16th of April 1952. . . Coast Guard Station Area Beginning at a point on the northerly side of Tyler Lane; said point being N600-00'E a distance of 37.62 from a 3/8 inch square iron spike driven into the macadam pavement; running thence the following courses and distances~ 510-00'W a distance of 117.91 feet to a 3/8 inch square iron spike; thence N320- 30'W a distance of 214.0 feet more " or less to the mean low water line of Fishers Island Sound; thence meandering along the mean low water line in a northeasterly direction a distance of 320 feet more or less to a 3/8 inch iron spike on the southerly side of the stone jetty; thence N50 OO'E a distance of 30.0 feet to a 3/8 inch spike in the large boulder at the entrance of Silver Eel Cove Harbor; thence along the southerly entranee of Silver Eel Cove Jetty an the large boulder wharf line 5400 OO'E a distance of 148.5 feet to a point, thence 5600 -OO'W a distance of 203.0 feet to a stake; thence 530 -OO'E a distance of 50.0 feet to a point; thence 5600 OO'W a distance of 12.0 feet to a point; thence S300-00'E distance of 118.0 feet to a point on the northerly side of Tyler Lane; thence 5600 -OO'W a distance of 90.0 feet to the point or place of beginning. Containing in all 1.2 acres more o.r less. All bearing and coordinates are referred to the Magnetic Meridian on the 15 - 16 April 1952. Excepting and reserving to the Government, an easement to establish, use and maintain underground telephone and utility lines within the limits of a twenty-five fopt wide easement more particularly described as follows.: Beginning at a point on the southeasterly side of the property line; said point being N60- OO'E a distance of 14.0 feet from a stake on the northeasterly corner of the U.S. Coast Guard Station property to be retained; running thence the following courses and distances: N300 OO'W a distance of 19.0 feet t a point; thence N800 OO"W a distance of 58 feet to a point;. .thence N30P -OO'W a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; thence meandering easterly along said mean low water line 26.0 feet more or less to a point; said point being on a line 25' perpendicular and parallel to the aforementioned northwest line; thence 5300 OO'E a distance of 57 feet more or less to a point; said point being 5340 -OO'E a distance of 78.0 feet from a stake located in the northwest corner of the U.S. Coast Guard Station property to be retained and north a distance of 48 feet from the northeast corner of the existing Station Building; thence N470 -OO'E 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor; thence 5400 OO'E a distance of 25.03 feet to a point; thence S470 OO'W 183.0 feet to a point; thence 5800 OO'E 39.0 feet to a point; thence 5300 -DOE 30.0 feet to a point on the southeasterly property line; thence along said property line 560 OO'W a distance of 25.0 feet to the point or place of beginning. All bearing and coordinates are referred to the Magnetic Meridian on the 15 - 16 April 1952. Prior to conveyance, the Purchaser, at its expense, will b~ required to prepare a metes and bounds survey of the Waterfront Tract for recordation purposes. . . Housing Tract Being two parcels of land, which total 1.463 acres of land and improvements, situated On Fishers Island, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Housing Area Beginning at a concrete monument on the Southerly line Equestrian Avenue, said monument being located 614.43 feet North of a point which is 4127.52 feet West of another monument marking the U.S. Coast andGeodetic Survey Triangulation Station "PROS" and thence running South 66042' West 231.0 feet to an iron; thence South 220 47' East 200.0 feet to an iron; thence North 670 13' East 264.55 feet to a drill hole in the sidewalk; thence North 430 26' East 60.12 feet to a drill hole in said walk; thence North 28 19' East 97.39 feet to the Southeasterly line of said Equestrian Avenue; thence along said Avenue line South 790 28' 15" West 103.45 to a monument; thence along the southwesterly line of said A"enue North 560 10' 50" West 113.17 feet to the point of beginning. Containing 1.39 acres, more or less. Easement and Right of Way All that tract or parcel of land situated in the Town of Southold, Fishers hland, County of Suffolk, State of New York, being 16 feet in width over the existing roadway. which is parallel to Whistler Avenue, the southern line of said easement and right of way being a distance of 100' - 7" from the iron post on the eastern Whistler Avenue boundary. Containing 0.073 acre more or less. The ,Purchaser understands that the Waterfront Tract and Housing Tract are located within six nautical air miles of the Elizabeth Airport and that the conveyance document will contain a provision requiring the Purchaser its assigns and successors, to comply with the Regulations set forth in FAA AdvisoryCircular 70/7460-2G entitled "Proposed Construction or Alteration of Objects that May Affect the Navigable Air Spacell. Subject to any easements, encumbrances or restrictions of record. The above described Waterfront Tract and Housing Tract are subject to the following: A. Any state of facts which a physical inspection and an accurate survey of the premises may disclose. B. Any existing easements for public roads and highways, for public utilities, for railroads and pipelines and telephone agreements, if any. C. Any covenants, conditions, restriction, reservations, easements, and rights- of way, if any, contained in instruments of record affecting said premises so far as the same may now be in force and effect. sotl D . , :rr::n f().!.fl. lilt-II t R.2.fal~ ~.. '<:::;/ " . ", "'( ODD -..,' --.- ..,~ \~J . 0\(" ,/ , 2.f30~,j\ ,~ . '\)~ "SILVER EEL POND , , - , , , R-' _~([J 3~1 . . WA-rc~FRo.vr7~~ ~~(?- " . PII~CB.. $.' . HARBOR DEFENSE AREA @a LAND IN G RAMP A~EA . I I, w I,I;/l t'\ ..J::^ ."1,.,,", ....1::,.... .'~ . . e !-lOUSING -rfJ..Acr ?1I~e€L A- .. i~ POTENTIAL EM IOFF FAMILY HOUSING AREA' I~O \~)':l :.~'- ~CALE 'N Fe:~~ ~ J' . ~ .J e , . JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS . . Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 6, 1983. WHEREAS, the Board of Commissioners of the Fishers Island Ferry District has received, from the General Services Administration, an offer to sell to the Town of Southold two parcels of surplus government property, consisting of land and buildings located on Fishers Island, New York, for a total price of $695,000.00, and WHEREAS, the Town of Southold now desires to purchase said properties from the General Services Administration, now, therefore, be it RESOLVED that the Town Board of the Town of Southold here- by authorizes the purchase of the aforementioned two parcels of surplus government property on Fishers Island, New York, to be used for Ferry District purposes, and be it further RESOLVED that the Supervisor be and he hereby is authorized and directed to execute an offer to purchase and to submit the same to the General Services Administration in the amount of $69,500.00. STATE OF NEW YORK I COUNTY OF SUFFOLK ss: Office of the Clerk of the TOWN OF SOUTH OLD (S.B AiIl) \\ I I \ This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in the said County of Suffolk, hove compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the .....E?J!L... day of .......~~.P.t~.I,I!!?~!:........ 19..?::!.., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .....J.1.~!?-. day of .........I?~p..~.El!'!!?~.r........... 19..~.::!.. ~r4<<::,_:P;:::.~~ Clerk of the Town Board, Town of Southold, County of Suffol[(, N. Y . \. ACCOUNTING & FINANCE OEPARTMENT TELEPHONE (516) 765-4333 TOWN HALL, 53095 MAIN ROAD P,O. BOX 1179 SOUTHOLD, NEW YORK 11971 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD July 20, 1989 RECEIVED JUl 2 1 1989 ScuhoId Town cr.t From: Frank Murphy To: Phil Knauff Subject: 1988 Au The examiner from the Office of the State Comptroller has found that the Ferry District has failed to bid marine diesel fuel purchases for 1988 and 1989. 1988 purchases exceeded $74,000. Please note that NYS General Municipal Law requires that expenditures in excess of $5,000 be competitively bid and awarded to the lowest bidder. Please advise me of the steps taken to insure, that future purchases conform to this requirement, as we must advise the State Comptroller. cc: Town Board'; iD " FISHERS ISLAND FERRY DISTRIcr ......',.. .. .:'......01;''''.;1>'',''''',..........;' ,'. <0 ><,;i_' <1;1ot,."~"..~~:;~..,':-,.<c,:.i.,, ,;.' . FINANCIAL STATEMENTS DECEMBER 31, 1988 & 1987 DOHERTY, BEALS & BANKS, P.C. CERTIFIED PUBLIC ACCOUNTANTS. NEW LONDON, CONNECTICUT -~ . :.; ""'-. '{.:.-'.~~.,.~(;.'.~ ~ ..' .-1":' , ,.,:;"~;."..,.., "" "-Vi'~""",,~~, .: ,- :. ' ''','' . ".~ . . . ' "T"",I,,~~;:.\.. .. , .-.......'.:.,....- i'//:,?".", -:. _,,< " ' ." :~, .,,::., -- " '.'" I ~, :~t ~~ .~ 'j .1 'l ;, ;, < " ......~ . . (203) 443.2033 DOHERTY. BEALS & BANKS. P C. CERTIFIED PUBLIC ACCOUNTANTS 187 WilLIAMS STREET ':C::~';''':D POST OFFICE BOX 59 ""i . ~ .J NEW LONDON. CONNECTICUT 06320 ':;nilcH T ""'_ ..-I,wl, May 17, 1989 Board of Commissioners Fishers Island Ferry District Fishers Island, NY 06390 REPORT OF INDEPENDENT ACOOUNTANTS .. We have audited the accompanying Balance Sheets of the Fishers Island Ferry District as of December 31, 1988, and 1987, and the related Statel1Ents of Income, Proprietary Capital, and Cash Flaws for the years then ended. These financial statements are the responsibility of the Fi shers Island Ferry District's managel1Ent. Our responsibi lity is to express an oplnion on these financial statements based on our audit. \~e conducted our audi t in accordance wi th generally accepted auill ting standards. Those standards require that we plan and ?=rform the auill t to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit ir:cludes exami ning, on a test basis, evi dence supportj ng the amour,ts and di sclosures in the financial statements. Art audit also ir:cludes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial s'--atement presentation. lYe believe that our audit provides a reasonable basis for our opl.nion. In our opinion, the financi al statements referred to above ['resent fairly, in all material respects, the financia.l position of the ?ishers Island Ferry District as of December 31, 1988, and 1987, and the results of its operations for the years then ended, in conformity with generally accepted accounting principles. Yours truly, /' , '._,1 _ " " V;I.>0,....,( ~..../- , -! ;/. .; -4 / .....' ./ ,'--,.....~r..------ DOHERTY, BEALS & BANKS, P. C. SLG:pl Enclosures . . EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D SG1EDULE 1 .:,,> FISHERS ISLAND FERRY DISTRICT FINANCIAL STATEMENTS Balance Sheets at December 31, 1988, and 1987. '...- Incorre Staterrents for the Years Ended December 31, 1988, and 1987. Statement of Proprietary Capital for the Years Ended December 31, 1988, and 1987. Statement of Cash Flaws for the Years Ended December 31, 1988, and 1987. Notes to Financial Staterrents. ,., Thearre and Airfield Revenue and Expense for the Years Ended December 31, 1988, and 1987. DOHERTY. BEALS & BANKS. P C. >f"",~"-,,,,,,,:;:,''''t.;~_,,,,=,,.;;,'''!f $ 732,901 $ 540,560 1,450 1,425 188 7,618 -0- 14,738 $ 734,539 $ 564,341 . . FISHERS ISLAND FERRY DISTRICT BALANCE SHEETS AS OF DECEMBER 31, 1988 AND 1987 ASSETS 1988 CURRENT ASSETS: Cash in Banks Imprest Funds Special Cash Deposits Other Receivables Total Current Assets PROPERTY, PLANT, AND EQUIPMENT: (Note 5) Total At Cost Less: Accumulated Depreciation .. $4,066,195 1, 160,147 Total Property and Equiprrent $2,906,048 TOTAL ASSETS $3,6<10,587 LIABILITIES AND PROPRIETARY CAPITAL CURRENT LIABILITIES: Accounts Payable Traffic and Car Deferred Revenue Accrued Payroll Taxes .Bonds Payable - Current $ 14,666 3,793 -0- -0- 60,000 Total Current Liabilities $ 78,459 LONG-TERM LIABILITIES: (Note 2) Bonds Payable (Net of Current Portion Above) 705,000 TOTAL LIABILITIES $ 783,459 PROPRIETARY CAPITAL: (Exhibit C) 2,857,128 TOTAL LIABILITIES AND PROPRIETARY CAPITAL $3,640,587 (SEE NOTES TO THE FINANCIAL STATEMENTS) DOHERTY. BEALS & BANKS. P C EXHIBIT A 1987 $4,018,162 1,049,978 $2,968,184 $3,532,525 $ 8,889 3,261 4,573 3,221 55,000 $ 74,944 765,000 $ 839,944 2,692,581 $3,532,525 I I , NET INCOME FOR THE YEAR $ 164,547 (SEE NOTES TO FINANCIAL STATEMENTS) DOHERTY. BEALS & BANKS. P C S 56,7~4 "-'C!::"~-"iff . . ~ ~ ~ i ~" 1 I ; 1 ~ " , ! I ! , . . FISHERS ISLAND FERRY DISTRICT STATEJ.lENTS OF PROPRIETARY CAPITAL FOR THE YEARS ENDED DECEMBER 31, 1988 AND 1987 PROPRIErARY CAPITAL - BEGINNING Special Capital Projects (Note 3) Net Incorre for the Year (Exhibit B) PROPRIETARY CAPITAL - ENDING 1988 $2,692,581 -0- .. 164,547 $2,857,128 (SEE NOTES TO FINANCIAL STATEMENTS) OOHERTY. BEALS 8< BANKS. P C. ,- EXHIBIT C 1987 $2,588,621 47,226 56,734 $2,692,581 ~_. . . . FISHERS ISLAND FERRY DISTRICT STATEMENT OF CASH F'LCWS FOR THE YEARS ENDED DECEMBER 31, 1988 AND 1987 CASH FLOWS FROM FINANCING ACTIVITIES: Decrease In Bonds Payable NET INCREASE IN CASH CASH BALANCE BEGINNING OF PERIOD CASH BALANCE END OF PERIOD $ (55,000) ,., $ 184,936 549,603 $ 734,539 (SEE NOTES TO FINANCIAL STATEMENTS) DOHERTY. BEALS & BANKS, P C EXHIBIT D $ (50,000) $ 57,175 492,428 $ 549,603 · FISHERS ISLAND FERRY DISTRIAt NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1988 AND 1987 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: DEPRECIATION: Depreciation of prcperty and equipment is charged to inCOITI2 over their estimated lives by using the straight-line method. Depreciation for the years ended December 31, 1988, and 1987, is $140,169 and $103,314 respectively. BASIS OF ACCOUNTING: The Fishers Island Ferry District uses the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when in=red. .. CASH EQUIVALENTS: Cash Equivalents as used in the Statement of Cash Flows (Exhibit D) are defined as short-term, highly liquid investJrents that are readily convertible to kn= amounts of cash. PENSION: The Fishers Island Ferry District contributed to the New York State Employees Retirement System for substantially all full-time employees. Pension expense for the years ended December 31, 1988, and 1987, is $17,714 and $19,216 respectively. 2. BONDS PAYABLE: MUNNATUCKET DEBT SERVICE: Serial Bonds (5.9 Percent) maturity dates are as follows: Maturity Amount Per Year 1988 1987 Feb. 1, 1988 Thru 1997 35,000 315,000 350,000 Totals $ 315,000 $ 350,000 DOHERTY. BEALS & BANKS. P C ~ .- . . FISHERS ISLAND FERRY DISTRICT NarES TO FINANCIAL STATE:r-lENTS DECEMBER 31, 1988 AND 1987 (PAGE 2) 2. EONDS PAYABLE: (Continued) RACE POINT DEBT SERVICE: Serial Bonds (9.1 Percent) m3.turity dates vary as follONs: Maturity Amount Per Year 1988 1987 Apr. 1, 1981 Thru 1988 S 20,000 S -O- S 20,000 Apr. 1, 1989 Thru 2000 25,OQO 300,000 300,000 Apr. 1, 2001 Thru 2005 30,000 150,000 150,000 '......~ Totals $ 450,000 S 470,000 3. SPECIAL CAPITAL PROJECTS: The Fishers Island Ferry District received funds from the Federal Aviation Administration and the New York State Department of Transportation for reimbursement of e..'CpE'ndi tures to improve the airport runway and property. ".' 4. OTHER RECEIVABLES AND CITHER PAYABLES: Other Receivables are due from Federal Aviation Administration and New York State Department of Transportation for reimbursement of exr;eriditures for improvement to the airport runway and property. DOHERTY. BEALS 8< BANKS. P C . . . FISHERS ISLAND FERRY DISTRICT NarES TO FINANCIAL STATEMENTS DECEMBER 31, 1988 AND 1987 (PAGE 3) 5. PROPERTY AND EQUIPMENT: Property and equipment consists of tne follcwing classes of assets: 1988 1987 I.J\ND Total Cost $ 41,717 $ 41,717 1,095,763 1,095,763 , 1,238,707 1,238,707 1,453,085 1,450,625 77 ,003 77 ,003 159,079 106,506 7,841 7,841 $4,066,195 $4,018,162 1,160,147 1,049,978 $2,906,048 $2,968,184 VESSEL - MUNNATAUKET VESSEL - RACE POINT BUILDINSS ElJUIPMENT AIRPORT IMPROVEMENTS IMPROVEMENTS ON LEASED PROPERTY LESS: ACCUMULATED DEPRECIATION NET EDOK VALUE 6. CONTINGENT LIABILITY: As a result of a 1986 plane crash at the Fishers Island Ferry District's airport, a number of lawsuits have been initiated. The Ferry District's legal counsel was consulted and is under the opinion that there is a remote possibility of a future liability to the Ferry District, but that any liabili ty in=red for damages would not exceed the insurance coverage. DOHERTY. SEALS & SANKS. P C. , ~. 1. , . . FISHERS ISLAND FERRY DISTRICT THEATRE AND AIRFIELD REVENUE AND EXPENSE FOR THE YEARS ENDED DECEMBER 31, 1988 AND 1987 SCHEDULE 1 NET INCOME THEATRE OPERATIONS $ 2,105 $ 6,757 AIRFIELD OPERATION AIRFIELD REVENUE $ ...l2!.. 038 $ 14,716 AIRFIELD EXPENSES: ~.' Utili ties $ 282 $ 310 Rep3.irs and Maintenance 21,873 8,813 Insurance 5,500 5,500 Depreciation 5,241 1,859 Total Expense $ ~896 $ 16,482 NET LOSS AIRFIELD OPERATIONS $ (20,858) $ (1,766) (SEE NOTES TO FINANCIAL STATEMENTS) I . '",:,"" '-'''..'f:~'''''~'':-i:-. ~!- DOHERTY. BEALS & BANKS. P C.