The URL can be used to link to this page

Home My WebLink AboutCDCLICertificate No~ I~, Thi~ i~ ~o ~rtify that the, e~#ty identified beiow ha~ ~et the ,SouthOld Town Code requi~mer~s fo~"~t~ry FtO~'Cred#s; 'Thi~ ~tO~cate ~i~ O/tdy be ~t~ed for tlie ~i~ified use attd CDCLI' Housine Develot~ment Fund Corporation NUmber ~/f:Credits: 10 : ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 2007 Abigail A. Wickham, Esq. Law Offices of Wickham, Bressler, Gordon, & Geasa, P.C. 13015 Main Road, PO Box 1424 Mattituck, New York 11952 Dear Ms. Wickham, Enclosed plcase find thc Sanitary Flow Certificate for the Community Development Corporation of Long Island Housing Development Fund Corporation. Please be advised that a log is kept in this office of all incoming and outgoing sanitary flow credits. This log and certificate is also scanned into our digital imaging system Laserfichc. Please don't hesitate to call my office if you should have any further questions. Very truly yours, Southold Town Clerk Cc: Town Board Town Attorney Land Preservation Department . . chQ Town of Southold- Letter Boaj 4 _','�eeting of March 13, 2007 RESOLUTION 2007-280 Item#28 ADOPTED DOC ID: 2705 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-280 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement of recording fees for the Town-related documents in the amount of $1360.00 from the closing between the County of Suffolk, Town of Southold and CDC regarding the "Cottages at Mattituck". Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated March 14, 2007 Page 36 Message Page 1 of 1 Cooper, Linda From: Spiro, Melissa Sent: Wednesday, December 06, 2006 3:40 PM To: Neville, Elizabeth Cc: Cooper, Linda; Doroski, Melanie; Finnegan, Patricia Subject: Young Sanitary Flow Credit resolution for Dec 19 and additional info Attachments: Young sanitary flow credits resolution after pres closing .doc; Young sanitary flow credits memo to TB after pres closing .doc; Young sanitary flow credits calculation.doc; Sanitary Flow Credit Log.xls Hi, Attached please find: 1) memo to place resolution transferring sanitary flow credits on 12/12/06 TB meeting 2) sanitary flow credit calculation form 3) resolution for meeting 4) MY sanitary flow log (believe you are keeping the official one) I didn't put on MinuteTrac. I'll ask Melanie to do so (since I don't know how to.....) if you want me to. Thanks, Melissa 12/11/2006 RESOLUTION for December 19, 2006 TB meeting Transfer of Sanitary Flow Credits to Town TDR Bank WHEREAS, on November 30, 2006, the Town of Southold purchased Fee Title to the parcel owned by J. Myron Young, Susan Y. Pauley and Roger H. Young; and WHEREAS, said property is identified as SCTM#1000-125-1-6.3 and is located on the n/s Route 25, Laurel,New York; and WHEREAS, said property is 10.6837 acres, as per a survey prepared by Peconic Surveyors, P.C., dated August 16, 2006; and WHEREAS, said property is located within the Agricultural-Conservation(A-C) Zoning District; and WHEREAS, said property is located within the Mattituck-Cutchogue School District; and WHEREAS, the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and WHEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, 3.74 (three and seventy-four hundredths) sanitary flow credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 3.74 (three and seventy-four hundredths) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the property owned by J. Myron Young, Susan Y. Pauley and Roger H. Young; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 3.74 (three and seventy-four hundredths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. TO: Town Clerk FROM: Melissa Spiro, Land Preservation Coordinator RE: Sanitary Flow Credit Transfer Young Open Space Acquisition SCTM# 1000-125-1-6.3 DATE: December 5, 2006 On November 30, 2006, the Town of Southold purchased fee title to the property owned by J. Myron Young, Susan Y. Pauley and Roger H. Young. Attached please find a resolution to be placed on the December 19, 2006 Town Board meeting setting forth the number of sanitary flow credits to be placed into the Town TDR Bank. I have also attached, for the record, the form used to calculate the sanitary flow credits. Please feel free to contact me if you have any questions regarding the above. Encl. 1 I Sanitary Flow Credit Calculation Form: Sending Parcel Information SITE DESCRIPTION NOTES/SOURCE OF DATA Application Name Young SCTM# 125-1-6.3 Property Address Route 25, Laurel Hamlet Laurel (Town of Southold) Zoning District AC School District Mattituck-Cutchogue Public Water Availability No Public Sewer Availability No Is parcel vacant? Yes Method of Preservation Open Space Purchase Easement/Property Area Purchase of entire FIS area property Survey 11.4 aeFe-s-10.6837 Wetland/Surface Water Area: Estimate 5.7 acres estimate Town GIS Wetland/Surface Water Area: Actual Unknown Other (non-wetland/surface water) Lands None Considered Unbuildable: Estimate Other(non-wetland/surface water) Lands None Considered Unbuildable: Actual Is parcel non-subdividable but buildable? Subdividable parcel (If so calculation not applicable and one (1) sanitary flow credit available) Page 1 of 3 Sanitary Flow Credit Calculation Form Estimated Calculations (prior to closing) Easement/Property Area: Estimate 11.4 Subtract Wetland/Surface Water Area: -5.7 Estimate Subtract Other(non-wetland/surface water) Lands Considered Unbuildable: -0 Estimate Sum is Buildable Land Area = 5.7 Multiply Buildable Lands by SCDHS X 0.75 =4.275 Yield Factor (0.75) If Public Water Available: X2 = Multiply by 2 (only if public water) If Public Water Not Available: No further calculation Estimated Sanitary Flow Credits =4.28 (rounded as per HD) Page 2 of 3 Sanitary Flow Credit Calculation Form Final Calculations (after closing) Easement/Property Area: Actual 10.6837 Subtract Wetland/Surface Water Area: - 5.7 (Wetlands were not surveyed, used GIS wetland Actual layer) Subtract Other(non-wetland/surface water) Lands Considered Unbuildable: - 0 Actual Sum is Buildable Land Area =4.9837 Multiply Buildable Lands by SCDHS X 0.75 = 3.74 Yield Factor(0.75) If Public Water Available: X2= Multiply by 2 (only if public water) If Public Water Not Available: No further calculation Final Sanitary Flow Credits = 3.74 Information collected by Melissa Spiro, Land Preservation Coordinator August 11 ,2006 Revised Aug. 21, 2006 (typos, rounded) Revised 12/4/06 after closing. Calculation approved by Walter Hilbert, Suffolk County Depart. of Health Services Aug. 21, 2006 Estimate presented to Town Board by Melissa Spiro, Land Preservation Coordinator Aug. 21 ,2006 *MS asked Councilman Krupski to give estimated credit number to TB Town Board public hearing for preservation purchase Sept. 5, 2006 Preservation purchase closing November 30, 2006 Resolution transferring sanitary flow credits into Town TDR Bank , 2006 Page 3 of 3 4/15/05 Form Revised Sanitary Flow Credit Log Last Revision Date December 4,2006 Information re:Transfer of Sanitary Flow Credit INTO Town TDR Bank Information re:Transfer of Sanitary Flow Credit OUT of E Number of S x TB res for EasementlProperty TB res for transfer into Credits transfer out Purchase Date Project Name Tax Number Zone School District Bank(date) Transferred IN; Project Name Tax Number Zone School District of Bank(date) 4114/05 PLT/Harper 1000-59-1-20 1 R-40 Southold 4/26/2005 1 s ;°:. 7/20/05 NOFO1McFeely 1000-125-1-14 R-80 MatUtuck-Cutch 8/2/2005 214 ��,` ,,i<�. CDC 122-2-231 AHD Mathtuck-Cutch 4/11/2006 ? Main Road/Chapel 100045-1-10 LB/R-80 Greenport 11/22/2005 5/18/06 Carla A Carroll 1000-53-3-2 R-80 Greenport drafted for 6/6/06 1 1,N-Pt`x' 6/28/06 C&D Realty 1000-113.-4-1 R-40 Mattituck-Cutch drafted for 7/11/06 1 11/30106 Young 1000-125-1-6 3 A-C Mattduck-Cutch drafted for 12/19/06 374 S' R KnY F, Anu, AN ?ay ��,t,��- �,'•.a'. t Jai w Town TDR Bank Number of Issuance of Credits Sanitary Transferred Flow Credit OUT Cert.(date) 10 ,' ti ✓II yet• � �' _• �, ti� .i•rr��ii �S{��( �,�.t� ..I�}•yRp i +• 'at � r •��•+qi .� .� 'off ti,��L.��.� '•t'J•Z�'� •i'" �t;"C.��, v.{. '"'�SS ' '}�':Si. .•�•.L�' yLr`.�.� ;�•'LS•3 i�1' � �Y,•.fi.=J ,,, ��'• '�.• . .•�. ...L..Vii. '�,.� i�.�.�a•a i _ �'M1 ^+.•: , ••`•' p. +,.qq:cr. r> c l i\ (� 'r\,h. ;( :t: '(; iy,'" 'l•:., !f`,```(fi'(r„'((�tV,.��.rL,,,,t �a �`I,Q:\`.�,"\A\`'�\\\ ('� )- \\ \ \6J (l7rR'u ll�O,ll��\\\�;•`( i; :i�� i`' .',,;; )tJ;l')t�',:J) } ,' i., '�i r'/i/i(%/J� t t:C� dl�4olt ty'a'��w`Yot•k' ,:' ,,�;, ., `,. .,i jy�l)1)J) ,\•, ��'\'•'�'`' `)-)� )?l'jl`)))1J )i,:fl()� ';'JJ,)' ,''1 •J,J; '' ';',' %,( .'r(.(' "� t:t�t,(t\rt�`�\ \� ;\((((\ ��.\�\o:��`,il�)1) �F# / f �(((, 1 ! t' �t\. ..i;: � 7"•',`.��.`'` \\ 1 , ,\ '�1, ) )111 1„))�}j ,).%,,, ((, + l��/�\ l(t (� `\\\,�\\\\\\ \�`�`• �\`•,lt: :;�\\`,ti 1\ ,illi`,.i\,%/l, _p', ',)/,�l l�l fJ J/�)i7 1)i 11 ,/.'' / i1,/!''''(;/is'�,((j( ( ^qr.°!• �• t�`(< e, iii// (JI/\� ��(((i ((, t r,(,.,, '(r.,,'(/ �'tr• ( '' �('o�AC vA V.��, )v ��`�;�� \ J It t);�)i)))�,� �r �A � V,t'�\A('�`l�l'. `'."`�Vl\�.,:�1`j•� ,,•`•1� ) 1�) )i) li ')j� �,i >)j� J ' (((�'%j'��' 't�, (( � ( .S• � ► - ``�\\�) � ) �,, � ;li ,t,';�,}; ,;J% ,,;;J;'1., t;,,.�-1'' '• J %'r(�'� ! !l �((l (l�(((((tCt t"y,(,�(t r<,(�( % �: (((r,i• 'r /'' t'(1(' (' W( ll \t \l(C``. \ \`i `\ )>�,11� ,l) �1:)J)))�/' •k+r �: • ��f��R (, a `,r(t 1:�;�.,, :v. �, ® , i\J)} t� ,11�).))),),J/,):!), 'r:,li,,i,,i''.'�(( (/((tl u•J. \ a�(cl�(Cl�'((( \\ \\ i it�l�l\)jl\,�;1,1)',`J;;)`•1)� t}'+); J) �' T ' �(` (tN; l tlt ('• (�`,(tt�C �: (�\<(l(\� C\t�''\\\(`�l( �!�� {(ll,�. l l�J!;+,/)'� jA ,A��})� il ) jl/), ) ;'j�>/'•)r ,Jl' 'J ( �(t ( ,�r„ �(,tC�� (�\(t( (\(�` ,�\VA� V�` ')��,�`�� )�'A}' rye •� ..ar `�l\� �\ �)\vA�tl�,�},,` t it 1,)j))) ?}) ,;J;),'' ,j;''1,; il, ��//rJ! r' (,//!/(. ( �' ti�it" l� C( '�'•�- �)/��% e��t{1� (((/r(•Y•l12..�njl , >C• i CT;�)e10,Y1�)hgSY11 zden If, e ;,;,, 1.,'1,;;'J,'JJi, 7 1,,,:,1. �CZIStazld(+r\��•" (\ ;JJ / ,l�a�';))i17.,, • f ”� t I't�, \ } \;�)1+ \` \,"'t} '?'-)}')) �'' '1`' i}}','1 (l/ ji��)) j))1�, 7))1�,��,,,,,,,)I�P��l•S`t�G,�(�elow.,(i`ct, ((:t(({((ttl(lt,(;\<( �SZ7 �rz�zk(p,t \ })))))�' )� �)�� ')( t �t / j•, L. � / )��) �) ,�!'� ��J/, l//r ,({(�!l!�•lj(� (/(,�1+ \' (tt i (� ( ,,,�.,, (. �\(\\\' � \ ,\\ 1'�� , l;`� 1l )- ti r (( { r � ('.1,\�l t �l`�`\ \ \•' \\ 1\a.� ,: J ?`) , , ,)1��, )j) + 1 '�� / 1 1// / r 1 l�� 7 )�)��;)})1'• ),,)A)�I11�,A�/>�i�J?')}i�'''+),�}i)) ,),;J�), O){! ,),)rr'1!,!(�7(i ')��//�{(; t.{t � itt��(�l��t(��' )�\�`jA�l{t- ��a��•�s?_ �+ 11> )� 1 t��n`t, A o� ��( \ •„ ( ((r l\Vt ( (( s .• �)l)�1) )j))�/��'j��t7 ) v)) '' /��//��(! !s;•�: 1R�4 —6) 777t,(((�I1( U ��/( (1�� (11��t(l!((('�t (��{' •a i, !)i J, ). ZS,�(' 1! \� ( , � rJ, , //)(� rf �•�� 6011� t'a (7 ` j�\`��,})Yl}1 J, ,,,, j, ;�, ,/• '(',:;( r(C!�( \ \�( �(((�(�` (((\.��;);l\\� \`� fir•, �•�:' '+•' >,J�>'11}� �rj ''��//i;!(,!((/Y(r/(!/r(!r(; (t\`i` (!'(�i' i'�.:\�'t \ , \ ,\�� )il)�)�))1')„))) )1/ � ) �� ''• .� t °+ a r ( rr•�Ttt t.�y!t t l�Cyt(� �q�`\ �\`t�l ��`` (`\�` ll\l�, 111t�'`,11 ��(�( \\\\ \ \)\ i� 1rlLatu�%l�'1\VY,, J1\bQ�kl\i:l\1175fi11�'111�i11Vt'l�tll,` „(t (tll'�\f((',;�\ ' tt$�� r,•t�"• �,,i.�+: L( i,t,\ i9 l ;\ 1 \• ��, �;) PV 'i(/!/''(l'!'a(i!/'( (( `. > ,�,(r//•J,�,,,, ,r,�"r'.(\t(,'((\;{,(`(�` r t,l�\(,.l�t�\\`\\\ 1\\\\\h\l\i ii \,�)}` ti��')/1 )� ,'"•' ;,l(l`J.U,,ill„ �,`<ii\ ,,`\` \`} 11`l�illn 1 ) �'��, , h,'1f,;l,';'ji ( /( •'i. � . 1;,rJ1, ,., 1) - � �� ')) ),�'i' ;,�,,,} )�'}',',1111), ! },J ,� /%','%(('(((t' r, (('((� (l\\�(((t�`, \��\\\(\\ \�\C\\\\1\\:,i�•l, J�`,` ,)i 'rt;��.:.•- 1 I • \ ��., ,1,1)J� ,�'To.%cr'ea e% ffo>ldali�'e, },aria\ ( _ \\\1 \ .�: �\\ \\ /��J�, ()//, a •S' l,)1`' 1$ `)� ;,\l\teT 'e\Ul UI S11aI1t;tO;,T,bV1'Il \ �� `\\ ,` '\ \ �\ (\\`" v'G+,,;•' v J' \ !! J?,!�/s%)//J� „ ,O �• •v:�".`,\`\.\''\„•:�,�\ �\\�\ \\\\�\,�, \ '1� ,\� l)\11 \):;�� 1 )1 )1)�� •fS:r,;�i. /!//i(�< '/' (l\, <(U(�1, ,\\,\\,Y`,\, ,\,S;' \ t. ,)i) •t\',`l>) , ,i1,/;/ );i) !!) ) %�i/�"'1!(, �i i'!I ,!� (' r.•�J. v. p 1 , ) J') ) )1 ) :,1:,,•F F. !O� •!(i'',"ri;(%,'{t(r�t`'ittlt\ ( \� \\ ` 111 ( \•,1\ '\) J\'�'\ •�` 1i \t�t ``\ 'z � ' >>,} - \(.�Decemb,em;l", ,(, ir`atton� ate:,i`�;, , � ,,,, �� )1%�� _ X'• ( (, \,2,006;�,,Exg.,)„ ,� , , ! ! , ( 'r(;r7("l,rt((!! t (('�(� 'r' :M• \ 1�)•�Sli�'+i;//IJ/�'�i�))�l�i;/t .(((' f'('(;;r((!((tf;' i(;\(l,\t,\�,,��,(�(�.,.i��i�j)'`�`;\�\\\ 1�,�(i,��<�t,i��\i ��'j)}�1>,�l�l)l��/1))j }..�ee5:�� '� ) ,),! /d r %r(r[(l((r r, (( lr C�:� ',`' �C` J,V• `,A: ,`,tii, ,i1 1';l),, , , , t' J1 1 ! 'i,i /) �. WVv11 C V�„�\ \��;.�(�,A\Vv�,�`)A�( tiip�•c„_ /�//( ili(' i(f(, (l.!t �l�`r\ttty('.,,('.t(`. ::�:�`,``�:;. , �� ,5�;,,,. '�j,;'} }i��))'),:1)%` I11,)))�� ;1))��!'�,%i�''�!(, Jl /( l. f't'.-.• r •'/'• \, ,' 11 + lt1J' )x)11 Jfi)i, ,,'/,%, .i',f'.,,�.' i',t ,! t ( l \�' ,, � `\ ` ,tt '• .9r, � /;!! � '% 1, '/ ,, ,, .'c' i `\� \ �'\\� ,��`� ,�;ill,);)� ),;J)�l' f ,)', •.y. �. ��'�/'i/'/ //f,l,/l. ��l ;It'(((�: '�/(.\�' �' r�`.", `\``,:,\�,ii1`•`�i)`1,�\`�7!� );;l t, 1 �')I)��,1>,,/ 1,,`,1:! �,1. !(�>�"�)) il' �• J / (l/( �((,' t �t tt, '(`„t:\ '":, •,,,.,"..•i ,A�`�'llil` 't' J) J,) ! ) J, ! J ! r. (1 $(` �(rl\\ \�;�\\�.,�\', .;))'O1\'iil,,;), 'n�,1 ,j)�j/,'`;111))`/)„ilk' ,),;);i, ir( /� � �/�'(,((�� 1( �((, •t��i., . TOto r \�• \\\� \ S.•`. a \J\ r��l)�}� )��%1��1�'�;, •f` ,°;= ” 1 t "i)1)))' )'�'11}'I),J !1)//'.,( t<,/I (%(/(�/l: C rf(,(r��(. ,, �5.�r��• i(;%%%,'(: ,�.�, tpt S(, ( t� /\«� T9�C7C 1YlS}/1110/1i;%,t;'r/!: ��. �ttlat�,��c�pt,thzS`,�'anSey��t,�lnless;the, /�; �` /(/jj„'! r,,t•(( ( (\/! �<i ••� ,� ,t 17,7, ,,,;,, ”,/' ;;J/�'%, ,7l,;, ,,!"'//;!rrt /, (�(tJ !(1�\((r '/� ' ((((,\ l lr({(�: ,(l!\ Cl'Ii1,uUWt'UTall �: 1 � X) )) \j,\ 11 /\J/ I �(�. /r r,), C ./,�a �%/ , ( •( t' \ ( \ )\� ��`t,)li1\�Ji�'l�)1,1 _ ;t•:, ��(( 1��v`�y,��1��(( ,(((�C� t�%ty.wA:At''l�\;':•'•`A•`,�: ;�\l�$i}i�``1\\l�) ,i�� yid`})l� / a . s r xq " •.eMoi. S: • + � ' •. 'rip i� 'rv:o,A, ,+* % w 'r y, ''�..`��'. �+J '•• e+` •'t •a.`,•• - L.i� �•J:.•. r'.�""! t •!..,`,�, •' �'r ray . rte.,.•• L` :•' ••J;,,. 7 ' sr" •:... ''_a""• +�a:2'Cs ..*"uY' Y%i •w•'r z } SSS •J:�� _ `yl•Cy� J.��.:.. °;��,y�•, ..r ,, •it.:wi \••• iR'f•'Y �p•• •iPti�'aa11 ��ey�Nt r' . ��'•��i�rl �w , • i v.•.t• a ! r.., ti.�.is•?Y"Y }}r tp��l` '.r^i+" i �i'1• .r,•f?% V}ri•. .ir.. •`',i� �tr::%" ii• s•.r y~�`YK i�:' � ��`.,°'� '^ •R"YO��' S' i• •S:�Y ��.•' .,�!•hi .�1'• :S'' •+1�� + -:f . .t r',1`•�R::r � ,i+�fr�Ar•,•• ;�.•R • 1- }}Yi •bi.•Y:v Y r 1'1 t'''Ln ' tYI �1`��ice• �1i. :.i••7r5�••�:•��. i,('�`l)•Yi •q:��.• �hY.• + 11 1`1�(�Y4 rNY .,yd:ii.i+' �i�'I;`'fC•iu•O'��:rfr;�>'�'4.®. ii+�fllfli Y. :.•..f::�.r. il. h. � � �. �iY• '�'� •'.yy ��•'Y• 4 fr .Z �. AI �: •�PI'�Y 41 r.Y i!� ', LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P O. BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK. LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO 631-298-8565 631-249-9480 wwblaw@aol com TELEFAX NO.631-249-9484 December 5, 2006 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: CDC of LI—Affordable Housing Premises: Sound Avenue (and Factory Avenue), Mattituck,NY SCTM# 1000-122-2-23.1 Dear Betty: This is to confirm my request that the Sanitary Flow Certificate be issued in the name of the property owner, CDCLI Housing Development Fund Corporation. I apologize for the confusion and appreciate your assistance. Very tr yours, A r it A. Wickham AAW/cs End re%dclUrshldderk q SOUT�o ELIZABETH A.NEVILLE ,`O 01 0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER G �Q Fax (631) 765-6145 RECORDS FREEDOM OF INFORMATION OFFICER AGEMENT OFFICEROlyTelephone (631) 765-1800 c om southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 2007 Abigail A. Wickham, Esq. Law Offices of Wickham, Bressler, Gordon, & Geasa, P.C. 13015 Main Road, PO Box 1424 Mattituck,New York 11952 Dear Ms. Wickham, Enclosed please find the Sanitary Flow Certificate for the Community Development Corporation of Long Island Housing Development Fund Corporation. Please be advised that a log is kept in this office of all incoming and outgoing sanitary flow credits. This log and certificate is also scanned into our digital imaging system Laserfiche. Please don't hesitate to call my office if you should have any further questions. Very truly yours, Eliza eth A. Neville Southold Town Clerk Cc: Town Board Town Attorney Land Preservation Department Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/05/06 Receipt#: 2080 Transaction(s): Reference Subtotal 10 10 Sanitary Flow Credits 000001 $125,000.00 Check#: 2080 Total Paid: $125,000.00 Name: CDC, of L I The Cottages @ Mattituck 2100 Middle Country Rd Centereach, NY 11720 Clerk ID: LYNDAB Internal ID.000001 a s �, '�� ,.♦ i!% rn• �' �' . r '��'� r-s��C' N• 7'��:'aC.�t1. •••• ��QI% "\� \.•. • '%'�%''•+� '\ a .�,��, •� ^+ •�fA.1,'1r1r � rhallfy +h �r �y \ Lhlkl,;., •i a ,h k a' ,'f',ems {.,`.ryi:Ti�, `sfsi +�i r•d' i•~g ++'•s�' ir;rf+r.'r .i��•• ♦i,y \ rts:. �, •iwv ••��y. ,pis ,r •yii�•L✓,rye, r�sr�Lln �.•i��.+,�i9., ey4�c•�+f�sr f,.��'Ja•;'v•. res p•d, �'t Z�.�,s•{f' •' � �4,.�'r,• is L, tri ',•pq:4�eif u•.�!!lr5r�f� e g,:b ,{ ��r,n .r Gr +CC� +�.r�ti 11fu r•� vv.•:CCS►•. �•YDS . W Lf�•. h,f4 rf�'., }�' .! �'CR•> .9:: '�d,�t,�j`G.• v �. .S a ,74 '1,•j�! �N. :a:ern �'�.t�;`, �4S +!t` • e(w.i �.�� '.••.qq�+ S''r n t t{�vlsy�{',•p�•S�• •w��.o�, 1' Sr{ ,`� C r!� i ,.a • l.n'.' r• "+': �,',. f�'7 �t�.�i.• r+�v..": 4 �.�' e .a=.RL�a: :• •:i. IG �.��. ..¢,••e yr ti. r„-• .y: r.. .•3�. •s.•+'...t, :+,. a ,,.:1 ,o� 4 ,r,!��•- �.y,•,_' 1' •t•. ;1�'+'..:%.', % LF.."• .� !•;;• 7�., a .C'w':: 'CG+i�s ar„ Vit. -• . .L,•:•.� :w��, ••PD. f":.. .4 _ '!)• 'Y•si .�`:r',"+° �mr:.,:1:•� .�<<Sa: �'1,1111-11, 1S�Y�i i..,a+��.,�?v -.[� ,ii,�� t i: -ih-'•��: .��.a �!. --.'`�� .. 5,•�,of: {}'• ,,Y r•:• i•., ;d � � eft xn •i••.'• �i•:'.n, •`.: �:�' „v,,,,,•'' 'i'0'a'', •er„,•:if.•.Crr,. Y�• �� - „ .• ... ., •v. r � •••i ' T4s,i�Sfs° ) (� , ` \ r r ` t�f, ( 1 / r i /(� t �� F,•.�a:''•Y.'+6: - •.!..s,e. • \� ll�, \\ l � \�� J \ 1, \\` � :r�i::e.- ..�•.; _C�r•,Q±iq�v ) /i ) l i /i ! / / / i ' J,� ) 1r ( ••aifS��p�i _�pi (I ZME .:_ ` 'a�•' ) t�/r//• ! / ) � 1'.t�) / (�/, iJ � �/Ji)}; ) I /i�), J qg .L•.7 r'•�.` ! ` C1 ` 1� �Ell ll\ \ \ \� � :C';Ci.�''• `�”°lei. ) S �/ 7 � � / �//,) 1 / ' r \ � f %J�/ � �� (�)( J}f� } ��/ a�}''�,•: . IM .��:�r'� \C l \ ( \\ \C `\C�\ � \ � � ;,:r.•.;:�•. -SGS �;,��.• , � Ali/!( i( � / /i � l ( '/ J .'�(� ( � '�'�y�.: .`l• •r• ) � �/) i � � )� ))( )� )\\ � ))� � �) ��; Ldp• °rte;. • t � � � ` \ ��/ \� ' \ �\ ( � � � (\J`\/l � � ( �`.•�.,:' •rye tD. � S��\/C/) ' � � ��l � ) � 1 J 1 1�� , J i 1 N/ r /1 // - 'C%•f7�npry t t t f i s tii=i:�8��5'.'�t� a c: R�J., l...i• a` �','� .vv".F'.l3n '�i+`• 'L�,.;+'F+•a. vn-i,' '�'•!'. '�•J f:. f ,.i.r +..rr..' Llt.a t-; ..• �' t ,a7rhr,,�.+,.F_y. �ili'•• �,.y+:,..Y`,Gn,`:,�s4., �V.9 y:y�rl;,r,fit ':�;. %r a`+if 0'+j�':�,, ••iia"5r "`� •=3,� r`, tt��5.•� w`Ll7';r ;r:e..'"�rr::ni�',:4''v,St, °-- . 't �A '!i� d i�il� rjt�7{ `.��.a �kG�p.r.{_• r��• �+•L' ;Yj re r s { .+ L yi• dear i•t S}}'{yov' {i'r•4it�1~r'ry'1+:L e b•• rr l r • '�'' 7a .;Zgt. GxM•a. ,i��dJrLb :r.�. ,°.. 'a �R '�• L�^ n ''.;S• ;•S�•�'�'��r� :; •!';0� :G•• '� ..;.r'.v.lJ, Sr,,AR+ ':r` :� �� ... b ' . ,•.••• iy�t�+.'i r ey�.� �{i 0 \ ' •.• a�� •°-'`�.. �.,+��,��E• 'r,�” T .� .f�.,ru� �.:e ��,�, �f,,.,,��;�` '1 �'Mr r�,III,• '� tit' r' f► r %1 r `�y'. Cv'�"'v E'e. R�R'i.. '�'"�.,` � a.ti'e'+'�•+NA• �"v . 'r..l5s:'!.\.�'�`►�+�'' '�'" 2080 CDC OF LI DEFENSE ( :L ROAD- HOUSING DEVELOPMENT—FUN D'CORP. GENERAL OPERATING ACCOUNT `] '2108993 ^DATE PAY TO THENid r <(2� 'O/Sc. ORDER OF T� 0 DOLLARS LI r � ctiban[C Arcs CITIBANK,N.A BR #993 'I / SELDEN,NY11784TRY/ROAD F p� ^ FOR &s& k�G�! r.ddi 1I'0000 2080no i:0 2 100 1486,: 2 280 348 7 2n' LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I 1 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 November 30, 2006 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: CDC of LI—Affordable Housing Premises: Sound Avenue (and Factory Avenue), Mattituck,NY SCTM# 1000-122-2-23.1 Dear Betty: Enclosed please find a certified copy of Declaration of Covenants &Restrictions Affordable Housing for The Cottages at Mattituck,recorded on 11/28/06 in the office of the Suffolk County Clerk in Liber 12480 Page 627. Also enclosed is check of CDC of LI Defense Hill Road Housing Development Fund Corp. in the amount of$125,000.00 payable to the Town of Southold. Pease provide us with a Sanitary Flow Certificate issued for ten(10) credits. The Health Department has also requested a description of the tracking system utilized by the Town for the Sanitary Flow Credits. Very truly yours, ;�� Abigail A. Wickham AAW/cs Encl. re%dc/ltrshldclerk I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII ' 1111111 VIII(IIII IIII IIII _ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 11/28/2006 Number of Pages: 12 At: 03 :15 :37 PM Receipt Number : 06-0114509 LIBER,: D00012480 PAGE: 627 - District: Section: Block: — Lot: 1000 122 . 00 02 . 00 023 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $36 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $15 .60 NO RPT $30 . 00 NO SCTM $0 .00 NO Fees Paid $106 . 60 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 Ak i Number of pages PECOPI)ED 2006 tk- _,1 fide 151-- PI-i TORRENS Judith A. Pa=cnle +=L ER, CIF Serial # t_IFFC U.. COUh Certificate# L DC 100/2480 P 6 27 Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording(Filing Stamps 3 FEES Page/Filing Fee _ _ Mortgage Amt. 1. Basic Tax Handling _-- -------_—__5. 00 _ 2.Additional Tax TP-584 Sub Total Spec. /Assit. Notation ---- ---- - or EA-5217 (County) -- --__ -- _-_ - Sub Total �� — Spec /Add. _ TOT MTG, TAX EA-5217 (State) _ __ Dual Town Dual Countv R.P.T.S.A. _ �� Held for Appointment mar Transfer Tax Comm. of Ed. _ _5. 00 ~' W Mansion Tax avit —_ ""° �� The property covered by this motgage is or will be improved by a one or two Certified Cop :5-, family dwelling only. Reg. Copy Sub Total �57. 1 YES or NO If NO, see appropriate tax clause on Other 11� Grand Total 7, z page#� of this instrument. r 17 / 4 [Di(trict Section f��' Block a �� Flotod "G�p ; Community Preservation Fund Real 1000 12200 0200 023001 Consideralion Amount $ Property Tax Service P T S CPF Tax Due R LPA A Agency ; ( 8-NOV-0 Improved Verification — - -- -- — -J Vacant band 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD /d RECORD & RETURN TO: TD IGjC�jm ��f JJ L�/1 c�o/l,d o A) ¢ �fy/Fi 10 C . TD 7 Title Company Information Co. Name Fidelity National Title Insurance Co. Title# 06-7404-65791.SS-SUFF 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) CDCLI HOUSING DEVELOPMENT FUND The premisis herein is situated in CORPORATION ,, SUFFOLK COUNTY, NEW YORK, TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLE'I,of MATTITUCK BOXES 6 THROUGH 8 MUSTBE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING (over) Sanitary Flow Credit Log OUT Last ~ Date: ~ 2006 Project Name CDCLI Tax Number ~ Zone 122-2-23.1 AHD School District Mattituck TB res for transfer out of Bank (date) 4/11/2006 Issuance of Number of Sanitary Flow Credits OUT Credit Cert. (date) r TOTAL OUT 12 ~ ERIC ,I. BRIiSSI.ER ABIGAIl. A. WICKIIAM I,YNNE M. GORDON JANI~ [ GEASA I.AW OI'FICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATI [1U(. K. LONG ISI,AND NEW YORK 11952 631-298-8353 II';I,Iq~AX NO. 631-298-8565 November 30, 2006 WILl,lAM WICKHAM (06-02) 275 BROAD ItOI,I.OW ROAD SUITE I I I MI:I,VIt,I,E. NEW YORK 11747 631-249-9480 lEI.El:AX NO. 631-249-9484 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 Re-' CDC of LI - Affordable Housing Premises: Sound Avenue (and Factory Avenue), Mattituck, NY SCTM# 1000-122-2-23.1 Dear Betty: Enclosed please find a certified copy of Declaration of Covenants & Restrictions Affnrdable }lousing for The Cottages at Mattituck, recorded on 11/28/06 in the office of the Suffolk County Clerk in Liber 12480 Page 627. Also enclosed is check of CDC of L1 Defense Hill Road Housing Development Fund Corp. in the amount of $125,000.00 payable to the Town of Southold. Pease provide us with a Sanitary Flow Certificate issued for ten (10) credits. The Health Department has also requested a description of the tracking system utilized by the Town for the Sanitary Flow Credits. ,4,4 W~bs Enc'l. rce, c dc'/Itrshldclerk Very, truly yours. Abigail A. Wickham SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instru~aent: DECLARATION/DOP Number of Pages: 12 Receipt N~mber : 06-0114509 District: 1000 Recorded: At: 11/28/2006 03:15:37 PM LIBER: D00012480 PAGE: 627 Section: Block: Lot: 122.00 02.00 023.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $36.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert. Copies $15.60 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid $106.60 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County TORRENS Ccrtitic[tle # ..... Plier (itl. # [)ccd. Mortgage hlstrumem Dccd/ Mortgage Tax Stamp Recording / Filins Shunps 3 I FIES Page / Filing Fee Handling 'I'P-Ss4 Not;Ilion 5. O0 EA-5217 EA-521 ?(SIate) R.P,T,S.A. Collllll, of [~d. 5. 00 Reg, Copy Other /~"~ 5;ub 'hind '~'/ Sub Total (;laud Tma] 4 )i~t~ict Real ~000 12200 0200 023001 Propert~ 1.~ TaxScnice (R LPa A) A2cncy ~er t"calJon 6 51 Mortgage A mi. I. Basic 2. Additional lax Sub Total gl)cc. /Assil, Spec. / Add TOT. MTG. I'AX Held for Transfer Tax Mansion Tax The proper[) covered famil5 ch~elling only. If NO. see appropriate tax Communib Prcserxation Fond 'Fl) 7 J Title Company hfformation (?o. Name Fidelit~ National Title Insurance Co. J Title # 06-7404-65791.SS-SUFF Suffolk County Recording & Endorsement Page This page forms part of Ibc attached DECLARATION OF COVENANTS & RESTRICTIONS (SPECIt Y TYPE OF INS I'RL MENTi CDCLI HOUSING DEVELOPMENT FUND I'hc premisis herein is situaled iii CORPORATION StJFFOI,K (7OUNTY. NEW YORK. made T( ) TO~WN OF SOUTHOLD lu die Township of SOUT_HOL~D .... h'l lite ',.,'[].I.A(iI5 or ttAX'II,ET et MATTITUCK BOXES 6'FItROU(]H 8 Nl[ISi[' BI': IYPt';I) ()R PI~.INI'ED IN BI_'\(?K INK ONLY PRIOR TO RECORI)IN(i OR FII,[,' N(J,' (over} DECLARATION OF COVENANTS & RESTRICTIONS AFFORDABLE HOUSING THE COTTAGES AT MATTITUCK This ,D,,ECLARATION OF COVENANTS & RESTRICTIONS (the 'Decimation ) is made this ~_~day of November, 2006, by CDCLI HOUSING DEVELOPMENT FUND CORPORATION, a not-for-profit corporation with offices at 2100 Middle Country Road, Centereach, New York 11720 ("CDCLI"); and TOWN OF SOUTHOLD. a municipal corporation with offices at 53095 Main Road, Southold, New York 11971 ( the "Town") WITNESSETH Whereas, CDCLI is the owner of the real property know as the Cottages at Mattituck and more particularly described on Schedule A annexed hereto and made a part hereof (the "Property") which includes 22 parcels to be improved with single family residences (each a "Unit"); and Whereas, the Town has approved the development of the Property as affordable housing to be developed and used in accordance with the Town Code and specifically in accordance with Chapters 34, 117, and 280 thereof; and Whereas, CDCLI and the Town desire to provide for the preservation of the Property for the purpose of affordable housing and, to this end, desire to subject the Property to the covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of the Property and the Town; and Whereas, the Town will acquire the property from the County of Suffolk (the "County") as part of the grant process, and will reconvey the property to CDCLI for the development thereof. Now Therefore, the Town, for itsell; its successors and assigns, declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions hereafter set forth. 1. Ownership. The owner of fee simple title (the "Owner") ora Unit shall be limited to: (A) As to Units 2,3,4,5,6,7,13,14,15,16 and 17, families/individuals whose household income does not exceed eighty (80%) percent of the HUD median income for the County of Suffolk; and (B) As to Units 1,8,9,10,11.12,18,19,20,21 and 22, families/individuals whose household income does not exceed one hundred (100%) percent of the HUD median income for the County of Su£1'olk; and (C) In either case, the Owner shall be registered with the Town Housing Registry and shall hold a Certificate of Eligibility issued by the Special Projects Coordinator ("SPC") of the Town in accordance with the Town Code. ';Owner" as used herein shall not include CDCLI on the initial sale of the Units, except as to the price restrictions set forth herein, nor any Lender who acquired ownership of a Unit pursuant to foreclosure sale in accordance with Article 8 herein. Household income shall be determined at the time of determination of eligibility. 2. Occupancy, Sale or Rental of Unit: (A) Occupancy of Unit. (1) Owner shall, at all times, occupy the Unit as his or her principal residence unless specifically permitted by the Town to rent or sell the unit as set forth in paragraph B or C of this section. (2) Pursuant to §280-31 of the Town Code, Owner shall submit an annual report to the Special Projects Coordinator ("SPC") no later than May 3 1st of each calendar year certifying Owner's continued residency in the Unit during the prior year. (B) Sale of Unit: (1) Owner shall comply with the procedures for resale and the resale price restrictions set forth in the Town Code §280-30 through §280-31 and any applicable Town Board Resolution ("Resolution") governing the Unit. The Town has established criteria in accordance with the Town Code governing the Unit regarding the eligibility of households entitled to purchase the Unit under this Declaration, which may be amended by the Town from time to time. (2) Owner shall sell or transfer the Unit only to persons listed on the Town Housing Registry in possession of a Certificate of Eligibility issued by the SPC, in accordance with income restrictions set forth in Article 1 (A) & (B), and who, to the best of Owner's knowledge, intend to reside therein ("Qualified Buyer"). (3) Owner may not sell the Unit for more than the price established by Town in accordance with §280-30 of the Town Code and the Resolution. ("Town Sale Price"). (4) In the evefit Owner wishes to sell the Unit, he shall notify the Town Clerk of his intention to sell and deliver a copy of a proposed contract of sale together with a written notice of his intent to sell at least 30 days prior to entering into such contract in accordance with §280-30 of the Town Code. Owner shall not enter into any contract without obtaining the prior written consent of the SPC. Any contract entered iuto without the approval of the SPC shall be void. (5) Any deed of Conveyance of a Unit to another shall refer to this Declaration and shall also contain such language as the Town and County may require in order to continue the right of reverter fbr the benefit of the Town as described in Article 7 herein. (6) In the event of the death of an owner, the Unit may be transferred to the surviving spouse or childreu who are Qualified Buyers, or who, upon application, qualify as Qualified Buyers, subject to all mortgages and liens. (C) Rental of Unit: (1) Rental of Units is restricted by the terms of the subsidies and grants awarded in the development of this Property. Upon the termination or expiration of such restrictions, Units may be rented only in accordance with the terms herein. (2) In the event Owner intends to rent the Unit to another person, he shall submit a copy of the proposed lease to the Town Clerk together with a written notice of his intent to enter into the lease at least 14 days prior to the effective date of said lease in accordance with §280-30 of the Town Code. The lease must be in writing. Owner shall not enter into any lease without obtaining the prior written consent of the SPC. Owner will not rent the Unit without a written lease. Any lease entered into without the approval of the SPC shall be void. (3) In no event will the Town approve a lease unless the tenants are families/individuals listed on the Town Housing Registry in possession of a Certificate of Eligibility issued by the SPC. (4) The maximum rental amount and maximum incomes of tenants shall be as determined by the Town as set forth in §280-30 and §280-31 of the Town Code. (5) No lease shall be for a period of more than two (2) years. (6) Pursuant to §280-31 of the Town Code, Owner shall submit an annual report to the SPC no later than May 31st of each calendar year in writing certifying the amount of rent received by Owner for the prior year and that the lease complies with the provisions of the Town Code. Owner shall include in any lease the requirement that Tenant submit an annual report to the SPC certifying the tenant's household income for the prior year no later than May 31 ~ of each year. 3. Mortgages and Encumbrances. (A) Owner may mortgage a Unit to a bona-fide institutional lender provided the aggregate principal amount of all mortgages and liens (excluding subsidy liens and 3 SONYMA Closing Cost Assistance Loans) shall not exceed the Town Sale Price of the Unit. (B) Notwithstanding the foregoing, the Owner may not encumber the Unit with a Prohibited Mortgage. A Prohibited Mortgage shall mean a '~reverse mortgage", a "negative amortization" mortgage, a "no income verification" mortgage, a ~'stated income mortgage", or a mortgage which provides for payments of interest only other than a home equity line of credit which allows payment of interest only for no more than five years of the term of the mortgage; (C)_ A mortgagee shall give Notice to the Town, in accordance with Article ll herein, of its status as a mortgagee and of any assignment thereof. Owner specifically authorizes a mortgagee or any lien holder to send a copy of any notice of default, notice of acceleration, or notice of intent to tbreclosure, if any, to the Town of Southold. 4. Event of Default: The occurrence of any of the following shall constitute an Event of Default: (A) Owner ceases to occupy the Unit as his principal residence without obtaining the Town's written approval to sell or lease the Unit; (B) Owner sells or transfers the Unit without obtaining the Town's prior written approval; (C) Owner leases or rents the Unit to a tenant prior to obtaining the Town's approval thereto, or allows another person to reside in the Unit; or Owner leases the Unit at a monthly rental rate in excess of the affordable monthly rental rate determined by the Town; (D) Owner fails to submit an annual compliance report, or if leased, the tenant fails to submit an annual compliance report as required under {}280-31 in a timely manner; (E) Owner voluntarily or involuntarily encumbers the Unit in an aggregate amount greater than the amount allowed by Article 3A above or allows a Prohibited Mortgage to encumber the Unit. (F) Owner is declared in default under the terms of any mortgage or other lien affecting the Unit; (G) Owner fails to perform or keep or abide by any term, covenant or condition contained in this Declaration, or fails to comply with any other provision of Chapters 34, 117, or §280-24 through {}280-33 of the Town Code; (H) If any written representation or statement made to the Town by the Owner with respect to qualification or certification for eligibility as a Qualified Buyer, including the annual compliance report, is untrue in any material regard; 4 (i) If Owner seeks relief, or a petition by creditors is filed, under any State or Federal Law affording relief to debtors including but not limited to Title II of the United States Code or the New York Debtor and Creditor Law. 5. Remedies Available to the Town. (A) if an Event of Defanlt occurs, Town may issue a Notice of Default requiring Owner to cure the default. (B) In the event Owner f'ails to cure the del'ault within a thirty day period after receipt of Notice of Default, the Town may, in its sole discretion, extend the period to cure such default if Owner is diligently proceeding to cure such default, or the Town may pursue any judicial or administrative remedy available at law or equity (including administrative and judicial remedies prescribed in the Town Code). (C) The Town may commence a civil action to enjoin any violation or to compel specific performance of this Declaration and to recover damages therefore. Monetary penalties are imposed by the Code, and such penalties are not the exclusive remedy available to the Town. (D) In addition to the rights otherwise set forth herein, violations of this Declaration by any person, corporation, or other entity, whether a principal, agent, employee or otherwise, including Owner, shall be punishable in accordance with the provisions of the §280-33 and/or{} 117-10 of the Town Code. (E) In the event that legal action is commenced by either Owner or Town to enforce any of the terms of this Declaration or the Town Code, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs arising from said action. (F) The Town shall promptly give written notice to the L~snder of any Notice of Default or of any action to enforce this Declaration, including without limitation the remedies in this Article 5 and the Town's right of purchase or reverter in Articles 6 and 7, respectively. 6. Right of Town to Purchase: (A) In addition to, the remedies otherwise available to the Town hereunder, the Owner hereby grants to Town the option to purchase the Unit in the event of an uncured Event of Default. The consideration for the option to purchase is the economic benefits received by Owner resulting from his purchase of the Unit. The Town shall have thirty (30) days after the Default cure period has lapsed to notify Owner and all lien holders, if any, in writing, of its decision to exercise the option to purchase; however, Town shall exercise its option to purchase only after it has received consent in writing from the County. Said written consent from the County shall only be required if the Town elects to exercise its option to purchase within a period often (10) years after the date the Unit is first purchased by an Owner from CDCLI. (B) If Town exercises its optiou to purchase the Unit, it shall use its best efforts to close title within ninety (90) days following delivery of the Notice of Defaull to the Owner. The Town may assign the option to purchase to a Qualified Buyer in accordance with the income restrictions of Article 1 (A) & (B). All closing costs shall be paid according to customary practice in Suffolk Cmmty. (C) The purchase price shall be the price paid by the Owner lbr the Unit adjusted for increases in the Consumer Price Index ("CPI") and permanent fixed improvements approved by the Town at the value determined by the SPC, less: (i) any mortgages, liens, including taxes, or any other encumbrances aiTecting the Unit; and (ii) subject to any grants or other benefits awarded the Owner at the time of purchase of the Unit, which shall be assumed by the next Owner of the Unit, who shall be a Qualified Buyer. Any purchaser of the Unit, including the Town or its assignee, shall be required to satisfy any bona-fide mortgage indebtedness thereon in full, or on the written consent of the mortgagee, assume the mortgage obligations of the Owner 7. Right of Reverter. (A) In addition to the remedies otherwise available to the Town hereunder, the Town shall have the right of reverter in the event an Owner fails to comply with any provision of {}280-24 through {}280-33 of the Town Code and does not cure such Event of Default within thirty (30) days of the delivery of a Notice of Default to the Owner. (B) The Town may exercise the right of reverter at any time fbllowing thirty (30) days after delivery of a Notice of Default to the Owner which Owner has failed to cure. (C) In the event the Town exercises the right of reverter, the Town shall be required to satisfy any bona-fide mortgage indebtedness thereon in full, or on the written consent of the mortgagee, a new owner may assume the obligations thereunder. (D) The aforesaid right of reverter shall be in common with the County for a period of ten (10) years after the date the Unit is first purchased by an Owner from CDCLI, and in the event of the exercise of such right of reverter during that period, title shall revert to the Town and the County as tenants in common. 8. Mortgage Foreclosure. (A) In the event of a default on any mortgage or lien affecting the Unit, and the commencement of a foreclosure proceeding by the mortgage holder, the Town, or its assignee shall have the right to cure such default and/or redeem the Unit prior to the 6 foreclosure sale. In such eveot, Ov,,ner agrees the Town shall succeed to all Owner's right, title and interest in and to the Unit. Such cure or redemption shall be subject to the same fees, charge and penalties which would otherwise be assessed against the Owner. Nothing herein shall be construed as requiring the Town to cure such default. The Lender shall give written notice of its declaration ora default or acceleration under its note and mortgage, and shall name the Town as a party defendant io any fbreclosure action. Except as otherwise set forth herein, nothing herein shall in any way diminisb the rights of a bona fide institntional lender, which secures a debt by a mortgage on the Unit, to exercise whatever remedies the lender has at law or in equity to foreclose the mortgage (B) In the event the Town does not elect to cure such default or redeem the Unit prior to the foreclosure sale, then the mortgage holder, ifa bona fide financial banking institution licensed by the State of New York, including the State of New York Mortgage Agency ("SONYMA"), may sell the Unit to a non-qualified purchaser and such Unit will no longer be subject to this Declaration. The Town shall provide a release of this Declaration upon written request of the mortgage holder with respect to the Unit foreclosed. Any surplus funds exceeding the amounts due lien holders including principal balances due, all court approved accrued interest, penalties, late payment fees, reasonable attorneys' fees and all court costs and disbnrsements, shall be paid to the Town. 9. Successors and Assigns. The provisions of this Declaration of Covenants and Restrictions shall run with the land and bind the Property for the benefit of the Town in perpetuity. 10. Amendments. This Declaration may not be changed or terminated, nor any of its provisions waived, except by written instrument signed by the Town, or if such amendment wound be at variance with any provision of the Town Code, in accordance with Town procedure for Code amendments. 11. Notices: Any and all notices, elections, approvals, consents, demands, requests, responses and other communications pemfitted or required hereunder shall be in writing and shall be deemed to have been properly given and shall be effective upon receipt or refusal thereof if delivered personally, or by recognized overnight courier, or three (3) days after deposit thereof in the United States mail, postage prepaid to the address of such party provided to the tax assessor. Notice to the Town shall be to the Supervisor, Town of Southold, at its then official address, with a copy to the Town Attorney and the Special Projects Coordinator at their then official addresses. 12. Miscellaneous. (A) No remedy herein conferred upon or reserved to Town is intended to be exclusive of any other remedy or remedies and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Delay or failure of the Town to exercise any of its rights under this Declaration or the Town Code shall not be deemed a waiver thereof. (B) If any portion or portions of this Declaration shall be held invalid or inoperative, then all of the remaining portions shall remain in full force and effect, and, so far as is reasonable and possible, effect shall be given to the intent manifested by the portion or portions held to be invalid or inoperative. (C) This Declaration shall be governed by and construed in accordance with the laws of the State of New York without regard to its principles of conflict of laws. (D) Any reference herein to sections of the Town Code shall include any and all applicable amendments and successor Local Laws thereto. IN WITNESS WHEREOF. this Declaration has been executed on the day and year set forth above. TOWN OF SOUTHOLD by: ~~ Name: S'~o~'A. Russell Title: Supervisor CDCLI HOUSING DEVELOPMENT FUND CORPORATION Name: M'a~itflne Garvin Title: President STATE OF NEW YORK; COUNTY OF SUFFOLK ss: On the~ ~ay of November, 20061 before me, personally appeared MARIANNE GARVIN, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the pe~so~fted, executed)he~~ instrument. LAURA M. PAOOIONE Oualtfle'~t i'n'~af~(~t[<'=Oounty x c= Sot-~ry Public - ~ommission Expires October STATE OF NEW YORK; COUNTY OF SUFFOLK ss: On the {~_Oday of November. 2006, before me, personally appeared SCOTT A. RUSSELL, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 'NotaS-y Pub clX' Re/Cdc/C&RAHD BONNIEJ. DOROS)(I Notary Publi~, State Of Nm~ York No. 01D06095328, Suffolk..~unt,/ Term £xpJresJullt 7o 20 o I 8 (B) If any portion or portions of this Declaration shall be held invalid or inoperative, then all of the remaining portions shall remain in full force and effect, and, so far as is reasonable and possible, effect shall be given to the intent manifested by the portion or portions held to be invalid or inoperative. (C) This Declaration shall be governed by and construed in accordance with the laws of the State of New York without regard to its principles of conflict of laws. (D) Any reference herein to sections of the Town Code shall include any and COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recor. c[ thereof, do herebc~ certify that I have compared the annexed withthe original..~--_~_~;~,~.~.. ~ ...... RECO ,RDF-.j)._~in the office on .\ .~/~...~.0.~ under LIBER ...~.Z,.M..'l~.k.,~ .......... PAGE ..k~..&....l...and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I ha~e hereunto set. any hand and affixed the seal of said County and Court on this ~,,~..5~..day of .~.~.'~..CO...~ 20~)..(-~.. No. 4987116 Qualified In Suffolk County Qornmisaion Expires October 7, 20 Not/my Public STATE OF NEW YORK; COUNTY OF SUFFOLK ss: On the UL%ay of November, 2006, before me, personally appeared SCOTT A. RUSSELL, personally known to me or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 'NotaJry- Pub clX' Re/Cdc/C&RAHD BONNIEJ. DOROSI(I Notep/PubTic, State Of New York Ho. 0]D06095328, Suffolk County Term Expires July 7, 20 ~_.~.d~_ SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: CDCLI HOUSING DEVELOPMENT FUND CORPORATION, fee ovarers by virtue of deed recorded in Liber 12450 page 9211; SCTM# 1000-122-2-23.1 H.D.REF. NO.: S10-05-0021 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue (North Road) distant 293.00 feet westerly as measured along the southerly side of Sound Avenue from its intersection with the westerly side of Factory Avenue (Railroad Avenue); RUNNING THENCE along land now or formerly of J & N Moloney, South 20 degrees 07 minutes 40 seconds East 256.03 feet; THENCE North 69 degrees 52 minutes 20 seconds East 38.00 feet; THENCE South 18 degrees 39 minutes 40 seconds East 28.73 feet still along'land now or formerly of J & N Moloney; THENCE South 21 degrees 50 minutes 20 seconds East 221.91' feet along land now or formerly of J. E; Berdinka and land now or formerly of Mautarelli; THENCE South 19 degrees 16 minutes 10 seconds East 166.65 feet along lands now or formerly of D. Pinkall, E. McGetrick and F. Zaneski; THENCE South 72 degrees 05 minutes 50 seconds West 43.69 feet along the northerly · line of land now or formerly of M.T. Bradley; THENCE South 17 degrees 21 minutes 10 seconds East 113.22 feet alQng the westerly side of land now or formerly of M.T. Bradley; THENCE along the southerly line o~f'land now or formerly of M.T. Bradley, North 72 degrees 34 minutes 02 secQnds East 255.99 feet to the westerly side of Factory Avenue; THENCE along the westerly side of Factory Avenue, South 17 degrees 21 minutes 10 seconds East 91.80 (91.27 deed) feet to the northerly line of land now or formerly of Long Island Railroad; Page 1 of 3 SCHEDULE A DESCRIPTION OF PROPERTY SCHEDULE A Continued THENCE along the land now or formerly of Long Island Railroad the following 8 courses and distances: 1. South 47 degrees 00 minutes O0 seconds West 224.15 (224.32 deed) feet; 2. North 19 degrees 16minutes 10 second, West 7.10 feet; 3. South 48 degrees 42minutes 00 seconds West 134.96 feet; 4. South 52 degrees 37 minutes 10 seconds West 91.94 feet; 5. South 45 degrees 24minutes 50 seconds West 108.55 feet; 6. South 43 degrees 16 minutes 50 seconds West 100.21 feet; 7. South 46 degrees 08 minutes 20 seconds West 100.01 feet;" 8. South 48 degrees 49 minutes 50 seconds West 10.89 feet to land now or formerly - of Charlotte Dickerson; THENCE along land now or formerly of Charlotte Dickerson, North 20 degrees 06 minutes 00 seconds West 231.30 feet to the southerly line of land now or formerly of C. Sullivan; THENCE along last mentioned land, North 71 degrees 09 minutes 30 seconds East 177.27 feet.to the easterly side of land now. or formerly of C. Sullivan; THENCE along last mentioned land the following 5 courses and distances: I. North 20 degrees 19 minutes 00 seconds West 126.65 feet; 2. North 19 degrees 04 minutes 40 seconds West 251.55 feet; 3. North 20 degrees 21.minutes O0 seconds West 91.02 feet; 4. North 19 degrees 08 minutes 00 seconds West 195.00 feet; 5. North 20 degrees 07 minutes 40 seconds West 30.81 feet still along land now or formerly of C. Sullivan; THENCE along lands now or formerly of C. Sullivan, L Yocovelli, T. and S. Best and K. l-'.uentes, North 69 degrees 52 minutes 20 seconds East 235.62 feet to the easterly line of land now or formerly of K. Fuentes; Page 2 Of 3 SCHEDULE A DESCKIPTION OF PROPERTY SCHEDULE A Continued THENCE along last mentioned land, North 20 degrees 07 minutes 40 seconds West 274.20 feet to the southerly side of Sound Avenue (North Road); THENCE along the southerly side of Sound Avenue (North Road) the following 2 courses and distances: I. South 87 degrees 49 minutes O0 seconds East 42.60 feet; 2. North 85 degrees 35 minutes 00 seconds East 7.37 feet to land now or formerly of J. & N. Moloney and point or place of BEGINNING. Page 3 of 3