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HomeMy WebLinkAboutL 12494 P 981ois'rRICT 1000 SECTION ! 22.00 BLOCK 02.00 LOTS 023 .OO2 023.003 O23 .OO4 023.005 023.006 023.007 023.008 023.009 023.010 023.01 I 023.012 023.013 023.014 023.015 023.016 023.017 023.018 023.019 023.020 023.02 I 023.022 023.023 /ao - 03. a3 / THIS QUITCLAIM DEED WlTll COVENANTS AND RESTRICTIONS ("Deed"}, made thc gth day o£ February, 2007, BETWEEN thc COUNTY OF SUFFOI.K, a municipal corporation oftbe Slate of New York, having its principal office at the Suffolk County Center, Center Drive, Riverbead, New York 11901 {"County"J. acting by and through its Department of 'Economic Develol~x-nt and Workforce Housing ( thc "Dcpanracnt") having its offices at 100 Veterans Memorial llighway, Hanppauge, New York 11788, ~ Grantor and the Town of Southold, a municipal corporation of the State of New York whose addl~ss is :53095 Route 2:5, Southold, New York 11971 ("Town"), as Grantee. WllEREAS, the County is the owner of certain real property, consisting of all those. plots, pieces, or parcel(s) of real property situated, lying, and being in the Town of Southold, County of Suffolk und State of New York. as more particularly described ia Exhibit "A" annexed hereto and made a part hereof ("Development An'a"}; and WHEREAS. pursuant to a developtm'nt plan ("Development Plan"). annexed hereto and made a part hereof ns Exhibit "B", the County is undertaking a project for the construction of affordable housing ('Project") on the Development Area, as such Project is more fully described in a eerlain development agreement ("Development Agreement"), ns annexed hereto and made n part of hereof as Exhibit "C", belween the County, Town of Southold and CDCL[ Ilunsing Development Fund Corporation dated December 15, 2006 and intended to be recorded in the Office of the Suffolk County Clerk immediately prior to the recording of this iust~ument: and WHEREAS. the Development Area is eligible to be conveyed from the County to the Town pursuant to § 72-h of the New York General Municipal Law; and WHEREAS, pursuant to Resolution No. 1130--2006. the Suftblk County Legislature approved the conveyance of the Development Area fi'om the County to thc Town: and WHEREAS, Town proposes to purchase the Development Area from the County pursuant to thc terms nnd condilions set forth in the Development Agreement and to undertake the consa'uotion of the Development Area in nccordnnce with the Development Agreement and Development Plan. which construction shall accomplish the purposes of the Project: now WITNESSETH, the County, in consideration of Ten and 001100 Dollars ($10.00) and other valuable consideration paid by Town. the receipt and sufficiency of which is hereby a¢lmowlndged, does hereby remise, mlcasa and quitclaim unto Town. its successors and assigns forever, the Development Arc°... together with the appurtenances and nil the estate and rights of thc County in and to the said Development Are'.,. BEING AND INTENDED to be the same j~remises conveyed to the County of Suffolk by CDCLI Housing Development Fund Corporation by deed of even daR: herewith and intended to be recorded immediately prior in time to this Deed. THIS DEED is intended to be recorded immediately prior to the recording oftbe deed of even date herewith by the Tovm, as grantor, to CDCLI Housing Development Fund Corporation, as ip'antee. TO HAVE AND TO HOLD thc Development Area herein hq'anted unto Town. its successors and assigns forever, as follows: A. Conveyance. The County hereby conveys to Town, and Town accepts from Ihe County. all right, title, and interest of the County in and to the Development Area togather with n right of ingress nnd egress over Cottage Way as shown on the filed map to the nearest public highway and the appurtenances and nil the estate and rights of the County in and to the Development Area, subject to, without limitation, the following (i) the ~rust fund provisions of Section 13 of the Lian Law: (ii) all covenants, rosa'lotions and ,.~sements of record, if any; (iii} and nil terms, covenants, and conditions of this Deed, the Development Agreement, and the Development Plan. Town accepts the Development Area in its "as is" condition on the date of delivery of this Decxi to Town. The County has not made any representations regarding the condition of the Development Area. nor has or had any obligation to undertake demolition, site clearance, or site preparation. The County neither warrants nor rcpre~'nts the surface and/or subsurface conditions of the Development Area, that such conditions will be suitable for the Project. or that the Development Area is or will be level to grade. Town represents and warrants that it has independently inspected the Development Area and is fully familiar with its condition as ofthe date of delivery of this Deed m Town. B. Conditions. Town, by its execution and acceptance of the delivery of this Deed, covenants and ng~es, for and on behalf of itself, its successors and a~igns, and every successor in interest to the Development Area, or any part thereof, to be bound by the following.covenants and resl~ictious, which shall run with the land and which shall he binding for the benefit of thc County and which shall he enforceable by thc County against Town and its successors and assigns to the fullest extent permitted by law and equity: Town will be restricted in its usg of the Development Area and will use the Development Area for affordable housing purposes, in accordance with the Development Plan and Development Agreement, with all right, title, and interest reverting to the County. by operation of law and without fuflher action by County, in the event that Town at any time uses or an,.J~u~s to use the Development Area for other than affordable housing or attempts to sell, transfer or otherwise dispose of or docs. in fact, sell, transfer or otherwise dispose of the Development Area. or any part thereof for other than affordable housing purposes, and contrary to the Development Plan. Additionally. if any one or more violations of the following n:strictions occur, the Development Area conveyed by this Deed shall revert as hereinbefore set forth to the County: Income Limits: all units, must be owner-occupied and remain the principal residence of the owner. The owner's total household iocome must nM'et thc tbllowing incorae limits: 2 Units II Income Limit Up to 80% ofHUD eslablished median income limits, adjusted by family size, for the Nassau-Suffolk PMSA 11 Up to 100% HUD estsblished median income limits, adjusted by family size, for the Nassau-Suffolk PMSA If state and/or federal funding is utilized in addition to County funding. to subsidize deveinpn~:nt costs of this Project, the most stringent income guidelines of the respective funding entities shall prevail. Affordability for Owner-Occopied Units: The maximum unsubsidized sales Ixice of an owner.occupied unit cannot exceed the non-targeted maximum purchase price established by the State of New York Mortgage Agency (SONYMA) for Suffolk County. The maximum unsubsidized purchase price includes all development costs and land value. In addition, at least 70% of the units in a development must have a maximum unsubsidized purchase price that does not exceed 80% of the SONYMA nun-tsrgeted purchase price. In the event that subsequent to conveyance oflhe Development Area, or any part thereof to Town, and prior to Completion of Construction as defined in and in accordance with pamgroph 20'4 of the D~.welopment A~-ement, ifTown and/or its successor in interest shell fail to effeetuatc thc Completion of Construction within thc time specified in Paragraph 201(A) of the Development Agreement, unless the Director of Affordable Housing has granted an extension in writing for good cause shown, said extension to be no longer than two (2) years unless opproved by a duly enacted resolution of the Suffolk County Lngislnturc and in accordance with thc Development Plan, and such failure is not remedied within sixty (60) days after thc Director of Affordable linusing has provided v,'ritKn notice of such failure to the Town, the aforeslated reversion shall occur. Upon payment of thc consideration recited herein, and the conveyance of the Development Area to the Town, all subsequent grantees of the Development Area shall comply with all applicable state, federal and local regulations pertaining to the prig'e, income eligibility and marketing standards for this affordable housing Project. Reversion of Title to the County. If the Town and/or its suocessur in interest to the Development ~ breach the covenants, agreements and restrictions set forth in this Deed, the County shall have the right, subject to Ihe laws ofthe State of New York, to re- emer and take possession of the Development Area, and to terminate the eststc conveyed to Town and to re-vest the same in the County. Notwithstanding anything contained in this IX'ed to the eonlrary, any re-vesting of title in the County shall always be subject to and limited by. and shall not defeat, render invalid, or limit in uny way. the Permitted Encumbrances as desorihed in the Development Plan, which include the lien of any 3 mortgage to which lhe County has suhordin~ted ill lien, also as slated in the Development Plan, and the Covenants and Restrictions imposed by the Town and filed with the office of the Suffolk County Clerk in Liber 12480 cp 627. Development Plan Comnliunce. Town shall develop and operate thc Development Area in accordance with the requirements of the Development Plan. Notwithstanding any provision to the contzary in this Deed or in any other document, the requirements of this Section D shall survive until the date upon which the Development Plan expires by its OWl1 terms. No Merger. Notwithstanding the specific n.'~ilal in this Deed of certain of the covenanll, restrictions, and agreements which are provided for in the Development Plan and in the Development Affmement, each and every covenant, restriction, agrcemenL tcnn, provision, and condition contained in the Development Plan and in the Development Agruement shall survive the delivery of this Deed and shall remain in full force and effect except those which are satisfied in accordance with their terms on the date-hereof, and on covenant, rcslriction, agreement, term, provision, or condition contained in the Development Plan and in the Development A~reement shall in uny event, or in any respect be deemed merged with this Deed. In the event title to the Development Area, or any part thereof, shall revert to County as described in this Deed, the interest of County in any mortgage of county or uny mor~gaga running in favor of the County on the De~lopment Area, or any port thereof, shall not he deemed discontinued nor merged into the greater fee simple absolute title. In such cas~, the mortgage interest of county shall he deemed to continue and exist, as it has been previously created, f~e, independent and not merged into any such greater fee simple ubsolute title which may be acquired by County due to uny such reversion. covenants Runnine With the Land. It is intended and agreed that thc agreemenll. covenants and restrictions herein shellbe covenants and restrictions running with the land and that they shall be, in any event, and without regard to te~haical classification or designation, legal or otherwise, binding for the benefit and in favor of, and enforc,~ble by, the County to the fullest extent permitted by law and equity. Such covenants shall inure to the benefit of the County its successors and assigns, and shall bind und be enforceable against Town and its successors and assigns. It is further understood that such alpeements, covenants and restrictions shall be binding only upon the Town, any suceeasor or assign of the Town undertaking the consU'uetion, reconstruction or rehabilitation of affordable housing on the Development Area or a purchaser of un affordable housing unit, only for such period as the Land Development Subsidy (as described in the Development Plan) shall remain unsatisfied. Upon payment of the Land Development Subsidy or expiration of thirty one (3 I) years, whichever occurs first and the filing ora s-',tisfaction thereof, the covenants, agreements and restrictions contained in this Deed, the reversion contained in Section (BJflJ and (.CJ of this Deed, the Development Agreement and the Development Plan shall cease to apply to the unit or units for which the Land Development Subsidy e~pired or was paid and satisfied, as the case may be, und to the successors und assigns of such unit or units and shall no longer be deemed to run with the land. Sevembililv. If any tc.u or provision of this Deed shall be found to be void. voidable, or otherwise unenfom~blc, such torm or pmvisinn shall be d-'eraed acvcrcd from this Deed and shall have no £urthcr force or effect, and the remaining terms and provisions shall thereafter continue in tull foree and effect to accomplish the intent and purpose of this l.~ed to the fullest extent possible. Waiver. To the extent permitted by law, Town hereby waives any and all righls it may have: at Inv.. or equity, to challenge, rmgli~, set aside, extinguish, enjoin enfo~ement of or seek relief from any of the terms, conditions, covenanLq, resa-ielions, or agra-merits in this IX'ed. Defined Terms. Any cupitali~,:'d term not defined herein shall have the meaning ascribed to them in the Development Agreement nnd/o~ the Development Plan. IN WITNESS WHEREOF. the County has duly cx~.n:utcd this Deed and the Town has duly exccutcnl this Deed as of the date and year first above written. COUNTY OF SUFFOLK PAUl. SABATI'NO II Chief Deputy County Executive ACCEPTED AND AGREED: TOWN OF SOUTH~D Scott A. Russell. Supervisor ACKNOW1.EDGEM EN'I~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 8th day of February in the year 2007, before mc, the undcrsignecL personally npl~.-,m.'d ~ott A. Russell, personally 1mown to me or proved to me on the basis of satisfactory evidence to be the individual who.~ uame is subscribed to the within instrument and acknowledged to me that he execut~ the same in his capacity, and that by his signature.on the instrument, thc individual, or the person upon hehalf ~ ins~'ument. STATI:- OF NEW YORK COUNTY OF SUFFOLK } )SS.: On the 8th day o1' February in the year 2007, before me, the undersigned, personally appeared Paul Sabatino IL personally known to me or prow..d to me on the basis o£ .sutislhctory evi~nen to be the individual whose name is subscribed to thc within instrument and acknowledged to me that be ~xccuted the same in his capacity, and that by. his signature on the instrument, thc individual, or the person upon behalf of' ~ the ~tdividual acted, executed the instrument. //~at ure n nd.~lr~:ll:i~q-n d i vidual ~"l'aking Ad~nt1~ed~,,ment 6 ~HEDULE"A~ Fidelity National Title Insurance Company TITLE. NO. 0'/-7404-67379-SUFF SCHEDULE A-I (Dncrll~lo~) RF_,-AM ENDED 2/7/07 AI,L that ccrlain plot, piecc or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known as Lot's I thru 22 on a certain map entitled, "Map o£Cottages nt Mattiluck" filed in the Office oflhe Clerk o£the County of Suffolk on 1/30/07 as Map No. 11491. TOOE',I'HI~R with ingress Way to the nearc~ public highway. Till; I~OLICY TO BE I,V~UED m~der iAi~ commilmetu will i~vure tlr title lo such buildit~ ~ im~omo~t~ ~ t~ ~Bes a4~ich by I~ ~mt~ulc ~l FOR ~NVEYANCING ONL Y: To~l~r w~h all t~ rig~, lille ~ ime~vl of l~ ~:y offprint ~t. of in ~ m tim la~ lying ia t~ sl~l ~ front of ~ ~i~ said 5CIIEDUI.£ d.I (Description) Rcv. (03/Os,) DEVELOPMENT PLAN COTTAGES AT MA'I-rlTUCK~ TOWN OF SOUTHOLD Introduction Defined terms not otheMise defined herein shall have the meanings set forth in the Development Agreement. Munldpality: Prejec~ Address: Site Description: Suffolk County Tax Map Numbers: Land Purchase: Project Description: Town of Bouthold Atth: Philllp Seltz, Special Projects Coordinator P,O. Box 85 Maffituck, NY 11952 No~th side of Long Island Rail Road tracks, West of Factory Avenue, South of Sound Avenue in the Hamlet of Mattituck. The entire site Is comprised of 7.4 acres and will contain 22 homeowner units. Suffolk County ('County'), pumuant to this Development Plan, will pumhase the site for workforce housing purposes. The site is currently zoned N-ID, Affordable Housing District, awarded on April 11, 2006 by the Town Board to allow for greater dens'~. See attached legal description - Exhibit A. CDCLI Housing Development Fund Coq3omtlon Atin: Marianne Garvin, Pmsklent 2100 Middle Counfly Road Suite 300 Centereach, NY 11720-3575 1000-122.00-02.00-023..001 - {subject to change after lot is subdivided} The County will convey the land to the Town of Southold which will convey the land to the CDCLI Housing Development Fund Corporation .for the development of 22 Wofldorco Housing Units. New construction of 22 single-famil~ owner- occupied homes. Each home will be 1100 s.f., will have a full basement and contain 2 bedrooms with 1 bathroom. Ail homes will be handicapped accessible and Energy Star rated. Lot sizes range from 8,000 to 15,500 square feet. .. ?a~ 1 Land Subsidy (LDS): Each unit will contain a front porch and a sliding glass door to access the rear yard. Construction will be wood frame with asphalt shingle roofs. Kitchens will be provided with refrigerator, oven/range, ductless hood, dishwasher, and a stacking washer/dryer. The homes will have wall-to- wall carpet throughout except there will be vinyl flooring in the kitchen and entry foyer and ceramic file in the bathrooms. $40,681.82 per unit. LDS Repayment: Forgiven alter 31 years; otherwise repayable upon covenant violation. Resale of a home must be to income eligible purchasers at a qualifying purchase price. Such resale will be overseen by the Town of Southold through covenants and restrictions. Homeowner Unit Purchase Prices: The following figures are not subject to change. 11 2 BR $175,900 11 2 BR $218,400 Homeownership Occupancy Requirement: The Town will certify to the County at initial occupancy that it has met such requirements. Wo~kforca Housing Units must be OValer occupied and remain the principal residence of the owner. The homeowner must repay the LDS as set forth below. The LDS will be evidenced by a non-interest bearing deferred lien, which may be subordinated to bank financing or other funding sources, as approved by the County. The amount of the LDS to be repaid is equal to the odgtnal amount of the LDS. Page 2 Income EUgibility: Homeowner Selection Process: Homeowners must not exceed the following income iimit~, based on family size, at the time of initial occupancy: 11 units (see Exhibit B) up to 80% of Nassau/Suff~.lk HUD current median Income. 11 units (see Exhibit B) up to 100% of Ne_e_~a_u/Suffolk HUD current median income. If other public/quasi-public funding . sources participate and require more restrictive income limits, they will prevail. The Town will cart~y to the County at in~'at o~cupancy that it has met such requirements, See Exhibit C Funding Sources: 1. Construction loan from State Bank of Long Island. 2. $ 797,500 grant from the New York State Affordable Housing Co~omtion ('AHC'). These funds will be provided to each of the purchasers of the Woddorce Housing Units in the amount of $32,500 or $40,000, as the case may be, to subsidize their acquisition costs. 3. ~85,000 grant of HOME funds. Permitted Conveyances: Sales o! Individual Workforce Housing Units/Lots. Permitted Encumbmncas: 1. Reserved for construction lender, 2. During construction, a second priority mortgage lien(s) in favor of the County In the aggregate principal sum not to exceed $ 895,000. 3. Upon completion of construction of each Workforce Housing Unit and lis conveyance to the respective Individual purchaser(s), and subject to releases of mortgage lien(s) covering each such lot, first priority mortgage lien in favor of Ihe permanent Development Team Members: residential mortgage lender;, second priority mortgage lien status to be held equally between the County, in an amount equal to the I. DS on a per unit basis as defined above, and the nxxtgage lien in favor of AHC; third priority mortgage lien In favor of County of Suffolk Community Development Builder: Island Estates East, LLC Supervising Architect: Co~ Cannella Engineer:. Nelson & Pope Conditions of Closing: 1. Satisfac~ry evidence of financing sources 2. Building Permits and upon completion of construction, certificate of _occ~__,pancy. 3. Suc~ other conditions as the County may reasonably require. Doc ID: "~..,,, 07005001 Dlotrl~ ~ectoa 1000 12200 1000 12200 1000 12200 1000 12200 1000 12200 1000 12200 1000 12200 1000 1 2200 1000 12200 1000 12200 1000 12200 1000 12200 1000 122O0 1000 12200 1000 12200 1000 12200 1000 12200 1000 122OO 1 000 122OO 1000 12200 Block Lot 0200 023002 0200 023004 0200 023005 0200 023006 0200 023O07 02O0 0230O8 0200 023009 0200 023010 0200 023011 0200 023012 0200 023013 0200 023014 0200 023015 0200 023016 0200 023017 0200 023018 0200 023019 0200 023020 02O0 023021 0200 023022 0200 023000 ~ OF COTTAG~-q AT MA'I*I'ITUCK FILED 1/30~07 MAP NO. 11491 4 6 7 8 9 lO Il 12 13 14 15 16 17 18 19 20 2! 22 1000-122.00-02.00-023.002 1000.122.00-02.00-023.0~3 1000-122.00-~2.00-023.004 1000..122.00-02.00-4~3.005 1000-122.00-02.00-023.006 1000-122.00-02.00-023.007 100O-122.00-02.00-023.008 10~0-122.0~02.00-023.009 1000-122.00-02.00.023.010 1000-122.00-02.00-023.012 !000-122.00-02.00-023.013 lO00-122.00-02.00-023.014 1000-122.00-02.0~-023.015 1000-122.00-02.00-023.016 1000-122.00-02.00-023.017 1000- ! 22.00-02.00-023.018 1000-122.00-02.00-023.019 1000-122.0002.00-023.020 lO00-122.00-02.00-023.021 1000.122.00-02.00-023.022 1000-122.0002.00-023.023 DEVELOPMENT PLAN COTTAGES AT MA'I'rlTUCK; TOWN OF $OUTHOLD Introduction Defined terms not otherwise defined herein shall have the meanings set forth in the Development Agreement. Municipality: Project Address: Site Description: Owner:. Suffolk Co,'mty Tax Map Numbers: Land Purchase: Project Description: Town of Southold At'm: Phillip Beltz, Special Projects Coordinator P.O. Box 85 Mattituck, NY 11952 North side of Long Island Rail Road b'acks, West of Factor/Avenue, South of Sound Avenue in the Hamlet of Mattituck. The entire site Is comprised of 7.4 acres and will contain 22 homeowner units. Suffolk County ('Count~'), pursuant to this Development Plan, will purchase the site for workforce housing purposes. The site is currently zoned AHD, Affordable Housing District, awarded on April 11, 2006 by the Town Board to allow for greater density. See attached legal descrtption- Exhibit A. CDCLI Housing Development Fund Corporation Attn: Marianne Gan/in, President 2100 Middle Country Road Suite 300 Centereach, NY 11720-3576 1000-122.00-02.00-023..001 - {subject to change after lot is subdivfded} The County will convey the land to the Town of Southold which will convey the land to the CDCLI Housing Development Fund Corporation-for the development of 22 Workforce Housing Units. New construction of 22 single-family owner- occupied homes. Each home will be 1100 s.f., will have a full basement and contain 2 bedrooms with 1 bathroom. All homes will be handicapped accessible and Energy Star rated. Lot sizes range from 8,000 to 15,800 square feet. Page l Land Subsidy (LDS): Each unit will contain a front porch and a sliding glass door to access the mar yard. Construction will be wood frame with asphalt shingle roofs. Kitchens will be provided with refrigerator, oven/range, ductless hood, dishwasher, and a stacking washer/dryer. The homes will have wall-to- wall carpet throughout except there will be viny~ floo~ng in the kitchen and entry foyer and ceramic tile in the bathrooms. $40,681.82 per unit. LOS Repayment: Forgiven after 31 years; otherwise repayalale upon covenant violation. Resale of a home must be to income eligible purchasers at a qualifying purchase price. Such resale will be overseen by the Town of Southold through covenants and restrictions. Homeowner Unit Pumhase Prices: The following figures are not subject to change. 11 2BR $175,900 11 2 BR $218,400 Homeownership Occupancy Requirement' The Town w/ll cern'fy to the County at initial occupancy that it has met such requirements. Workforce Housing Units must be owner occupied and remain the principal residence of the owner. The homeowner must repay the LDS as set forth below. The LDS will be evidenced by a non-interest bearing deferred lien, which may be subordinated to bank financing or other funding sources, as approved by the County. The amount of the LDS to be repaid is equal to the original amount of the I. DS. Paste '7 Income Eligibility:. Homeowner Selection Process: Homeowners must not exceed the following income limit~, based on family size, at the time of initial occupancy: 11 units (see Exhibit B) up to 80% of Nasoau/Suffo. Ik HUD current median Income. 11 units (see Exhibit B) up to 100% of Nassau/Suffolk HUD current median income. If other public/quasi-public funding . soumes participate and require more resb'ictiva Income limits, they will prevail. The Town will ce~ify to the County at initial occupan~'y that g has met such requirements. See ExhibitC Funding Sources: 1. Construction loan from State Bank of Long Island. 2. $ 797,500 grant from the New York State Affordable Housing Corporation ('AHC'). These funds will be provided to each of the purchasers of the Workforce Housing Units in the amount of $32,500 or $40,000, as the case may be, to subsidize their a~uisition costs. 3. $385,000 grant of HOME funds. Permitted Conveyances: Sales of individual Wondorce Housing Units/Lots. Permitted Encumbrances: 1. Reserved for construction lender. 2. During construction, a second pdority mo~gage lien(s) in favor of the County In the aggregate prindpal sum not to exceed $ 895,000. 3. Upon completion of construction of each Wo~force Housing Unit and ils conveyance to the respective Individual purchaser(s), and subject to releases of mortgage lien(s) coveting each such lot, first priority mortgage lien in favor of the permanent Page 3 Development Team Members: residential mortgage lender, second priority mortgage lien status to be held equally between the County, in an amount equal to the I. DS on a per unit basis as defined above, and the mmlgage lien in favor of AHC; third priority mortgage lien in favor of County of Suffolk community Developmont Builder: Island Estates East. LLC Supewising Architect: Gary Cannella Engineer:. Nelson & Pope conditions of Closing: 1. Satisfactory evidence of financing sources 2. Building Permits and upon completion of construction, certificate of occupancy. 3. Such other conditions as the County may reasonably require. Page 4 Fidelity National Title Insurance Company TITLE NO. 07-7404-67379-SUFF SCIIEDULE A-I (l~se~Mhtn) RE-AMENDED 2/7/07 ALL that ce~ain plot, piece or parcel of land, situate, lying and being at Manituck, in the Town of Southold, Coumy of Suffolk and State of New York, known as Lot's I ~hru 22 on n certain map entitled, 'lVinp of Cottages at Mattituck" filed in the Office oftbe Clerk ofthe County of Suffolk on 1/30/07 as Map No. 11491. TOGETHER with ingress and egre~s over Cottage Way to the nearest public highway. TIII'' POLICY TO BF. I,~I/ED under this comtnitra~u will imm'e the tide to such buildings and imprm~ment$ o~ the peemisea by law com'titute re~l property. FOR CONFE YANCING ONL ¥: l'ogzher with all the right, title and int~rzst of the party of the ftr~'t part. of in and to the land lying In the street in from of and adjoining ~aitl preml~. SCHEDULE 4.1 fDe$criptiotO Rev. household income do~ not e~c_~J_ ~hty (80%) p~c, eat of'the HUD median inc0~'or the County of' Suffolk. These units will be sold at a l~.hose price to the b-,y~, n~ of subsidies, $175,900, Tho SulTolk County Land D~volopmcnt Subsidy for each of~ uni~, will be M0,681.82. (B) As to Units 1,8,9.10,11,12,18,19,20,21 and 22, familics/i~ivla,,Al~ wlose household income do~s not ~ceed on~ hunc~ (100%) percent of ~ho HUD n~an income for ~he County of Suffolk. These units will ho sold at it purchase price to buyer, net of subsidies, $218,400. The Suffolk County Land Devebpment Subsid~ for each ofthosc units will be ~0,681.82. EXHIBIT C · mort~geabl~ R~ipt of"sa morts~e pt'c-approval by tho npplicant will be ,requircd in order to be entered in to the Io~ty. Applicants muct secure I mortgage pre. approval ~om a lender of their choice. As an additional service, CDC's non-profit mortgage brokcr'age will conduct pre-approval ,,no Selection of homebuyen will be conducted by lottery. All applicants who hive completed Home Buyer Education and submitted ,, mort~ge pre-approval will be eligible for the lottery. The lottery will be held during the fall of 2006. Eli~le applicants will be offered the opportunity to purchase a home in accordance with tl~ place on the lo~ry list. Each appllc-',nfs name wilt be entaed into · hound book wlich will become apcnnnoent record of ouch applicant's lottery .n~mbcr. Lo~al Prefermce All applications will be divided into four catc~ories, which a~ the Town of Sout~o¼'s Local Preference prindtie% as delineated in the Affordable Housing District zoni~ ordinance, as follows: · Priority i: Applicants who livb and work in the Town · ' Priority 2: Applicants who live in th~ Town and wm'k outsid~ the Town · Priority 3: Applicants who work in the Town nmi live outsid~ the Town · Priority 4: Applicants who used to live in the Town &wish to r~tum Applicants will b~ drawn'at random, from each of tho priority categories, in the onicr listed above, and assigned an overall lottay number. Income ~'ar~eting In nddition to thc Local Proferenc~ the Cottagec at Mattituck has been de. signed ~ith income targ~in~ so that 11 of the units will be sold to households with incon~.s below 80% of nrea median, and I1 will be sold to households with incomes up to 100% of n'ea median. Accordingly, thc lust I 1 participants in thc lottn'y who meet each of th~c income criteria will be selected to proceed to contract. Contracts of Said Allocation ~f Subsidies CDC of Long Island stsff will evaluate closins costs and down payment funds avalhbl~ to each participant. Applicants will certify the acc~y of th~h' asset and income documentation, and sign credit release statements for verification of credit-worthin-'ss. Staff will also evaluate end certify each applicant's eligibility for ti~ v~t'ious ¼yin of subsidy, from govenuncnt and private sources for which they mzy be eligible, and create an individualized home-b~ying profile for ~.ach buyer. Th~ Contract of Sate entc'r~ into t~tweno CDC and the buyer will idcnti~ the availability of Al-lC subsidy, and other sources of subsidy. DEVI~OPMI~rF AGREEMENT THIS DEVELOFMENT AGREEMENT (the "Ap~emem") made the~day of December. 2006 between THI~ COUNTY OF SUFFOLK (the "County"). ~ nunicJl~l cmporntion of th~ State of New York. having its principal o~ce nt Count~ Center. Rivahead. New York llg01 acting by and tltrough its DEPARTMENT OF ECONOMIC DEVELOPMENT and WORKFORCE HOUSING (the "Deparunenl~ ba~in~ its offices at 100 Veterans Memorial Highway. HaupMu~e. New York !178S. THE TOWN OF SOU'fHOLD (the "Municipality"). a municipal co~o~ of the State of New Yoflt hvin8 its of~ce~ st 53095 Route 25. Southold. New York 11971 and (X}CLI HOUSING DEVELOPlv[ENT FUND CORPORATION { the "Developer"} havir~ its principal ofrtces at 2100 Middle Country Road. Suite 300. Cent=each. New York ! 1720-3576. WHER~ in furdtemnce of the objectives of Aflick XXXVI of the Suffolk County Adn'~niqrutive Co4lk. as amended {the "Prepare"). the Count/has und~Uken a pro,ram for the S~luisition. COnS~dCfiO~ t~"Cmutn~'iiou 8nd rehabilhtinn of popeflies h' affordable housin~ purposes; and ~ ~ exim · need in Suffolk County to provld~ ·fl'ordablc homin~ ~he~eby promoting V/I~, there h been fonnt~ted and pre~enl=d to the Suffolk County Legi_,!a_~,~ for co=sideminn snd q~proval 9n AfFordable Housing I)cvdopment Phn known as th= Development Phn for (fie 'Development Plan"). annexed hezeto and mud~ t pail I~'eof u ~:ht'hit B, w'nich Devel~men~ Plan ;~o-,'ed by thc Suffolk Count./Legishnne punuam to p.e~]~on No. 1130-2006, which provides f'e~ ~ constnK~on, ~:.,~.structinu and/(= rr. hsb~tation of said Develo~ Area and, b;fr =//=, ~he consttuctiofl of ancilla~ ftcilJ~s at thc Develoi~nent A=a (~ "Project"); and WHEREAS, Resolution No. 1120-2006 autbo~zes thc County to crier into 1his ^~een=~ acquire Development Axes and subsequnUly convey ~he i)evelopmmt Area to ~u~clpality for affordable houri·S WHEREAS, Ruolutinn No. 200~-7t~ 'au~efiz= ~ MunicipaUt~ ~o ent~ into tl~ Apeement, for a ffordabk housin~ innlx~es in acourdance with d= Propmn; ind WHEREAS, tie County has acquired or wfl] acquire sll real prop~ not owned by it in th= said Develo~nt Area and intends to scl] and convey the Development Area upon such t~rms ~nd prov;slons as sbll cmur= d~ consm~liou, rououstru~on nd/or r~babilitition of the Development A~a by Munb:ipdity And I~velope~, sll ss provided herein; aud NOW, ~RE. esch of th: l~rties ~ for and in co·sial=ration of' th~ ~ nd 10t. ARTICLE I CONVEYANCE lhuchse. Sale A~ and Mo~ge. 'r~ County a~'es to purchase the Dcvclopment Are8 from Developer 8nd to convey th~ Development Area to Municipality. Municipality tgrees to I EX'HI OI1- 102. purclme the Development Are~ from the County for the purclum price of EI(~HT HI.JI~R~D N~NEI'Y-FIVE THOUSAND and 00ZI00 DOLLAI~ ($~9'J,000.00) subject to the terms and conditions of this AgreL, mem, the Development Plan. the Note nd Mortgage to be executed.by the Municipality m~d held by the County (the "No~e" and "Mofl~age"} and the Propam. A copy of tho Mortg~e is ann~Aed hereto as F. xh~t C. Such conveyance is e~xusly conditioned and subject to thc acquhi~on of all rul t,,,,~ert~ witl2n the Development Area by County. In the event Coum¥ is unable to acquire such real prupe, fly with ~easc~able diligence, neither imflY slutll have any Closins. County shall give Municipality and Developer at lea~t ten (10) bush, ss days prior notice of the date, time and place for the closin~ (the ~'*losing") which slull be deemed to be and include the simltan~us closin~ of all three con.acts as refened to in paragraph 102 (D) below. The Cl~ng shall be during normal business hours. Thc dee~. for the Deve'.,,~,,~nt A~a (the "Deed") to be dellw, n~t by. the County to Municipalily her~,,,A*, shall be a quitchbn deed. To the extnt that d~ terms, conditions, pmvision~ covenams md/or allrcements contained ~n this Agreement conflic~ or sr, inconsim~ with the tram, conditions, l~'ovislons, coy,nam, a~*n~nts and/or resections of said Deed, the Deed ~ Soy. re. The Note and Mortpge shall be delivered by Municipnlity to d~e County in accordance with the 2rms and condidom as set forth in the Development Pbn. · rbe ~osin~ fa the conve,/~uce of' tl~ Devel~mnt A from ~veloper to Count/dali occur simullaneously with th~ closinf for Ihe conve~nce of the Development Area from the Coumy to Municipality and the Closing for the conveya~e of the Development Area fi'nm the Municipllie/to th,. Developer. 103. Cemin Conditions of Conveyance. General Conditi~s. ~ Develolx~ent Area shll be conveyed subject to all of the f'ollowin8 condiliord: Any a'mi~ of facts an accurm su~ey ma}, show provided thc sarn~ does not render the tltk unmarkelable. All d~e ~c~ms covenants and conditions ofthls Agreement. The IX'OVisiom of Aflick XXXVI of the Suffolk Cowry A~bn~strntive Code as Covenants, ess,merits smd I~stfictiom, encroackmen~, u~ity easements and rights of way of recold. A~y mf all ,u,-4,'ipa] liens o~ cncumbmnccs of record existing on the date of ¢lnstn~ or thereil~r listed or recorded resuhln8 fTom an inspection nude of' die Development Area pt'lot to the date ofccnveyunce to Municipalit% The provisions of nil hws, co(~ sum~es, o~!,,~,,ees, ac~ rides and regulations of Ioc11, stm or federal ~ovm3ment, smd ny nnenc,/o~ mbdlvlsion 'J-reo£ The Developmmt Plm mud ny buildin~ ~slrictiom and zoning re~uhtioPJ in effect · t the ~me or Clmin~ and nny fac,- disclosed in ~ Suffolk County .m maps. 2 C. Sinmlmneous ClosinS of all three contracts of conveyance for the IDm'elopm~t Area. In the event tlmt one party is umble to close on the aareed uimn cl~in8 date, she clo~ins rosy be adjoun2d fro' up to five (~) business da~s upon coMent of thc other paflles, provMing that the party requestinS the adjoumn~nt agrees to Imy any costs associated w~h the adjournment. Additional Conditions. The Developmen! Area shall also be conveyed to the Municipality in accordance with die followins: No Obliptfot Except al spcc~cal]y set foflh hk. rein. County shall have no oblipfion to bring any a~on or to incur nny expense to make thc t~tle to the Oevelopn~nt Are~ comply with the lzovisiofls of this ApeemenL Recording. Municil~ity shall cause this A~-ement, the Deed, die Development Plan and Mcn',p$~ described in the Developmcnt Plan to be m:onid immediately foilowin~ the Closin8 and shall pay Ifil required recordin8 fm and ~ if any. Condition of Developmmt Azea. Municipality dull acc,-pt the Development Area in "as is' condition. County does not warrant er rep~sent lh~ mimbilJ~y of the Developn~nt Arc~ for lb Project and has made no other represenlltJou ~prdinS the condition of tl~ l~eve~,~,,mt A~ .Muticipality repments that it has ins3~tcd the Development Area and is fully frail/ar 14o Prior DefAults. Failure by ~he Mtmkipality to pay municipal taxes nd ~ char~es under an). debt, lease, connct or obligation to the County, o~ ny of the CogllyJ a~ellcies or __f'~e~_qmelll~ ma)* dJsq~tliP/~ Mtmlc~ty ~rolri obnln~nR ~le to thc Deveiopn2nt AreL (:3cln Up Cos~ An~ charscs, costs, ~tS o~ ~ imposed by Municip~li~ be incurred fo~ tl~ cludn~ up of thy debris on die D~v~lopm~ Am shlJ be p~id by Municipalhy immediately u~on receipt by Municipality, from County or otherwise, of any bill, assessment or levy Ihe~efor. Courtly shall have neither responsibility nor any obllptioa for the ptyment or reimbursement of any such FitancinL As. a condition pre~4~,t to the conveyance of ~e D~lo~m~ Area ~om the County to Municipality, and simultaneously with the Closin& Developer shall have delivered to dss Dtpsmnt~ documents ntisfacto~y to the !~ indicafin8 that there arc sufficient public and/or private funds committed to complete the Project. In ~i~ event f~lend ~ rote ~nnl funds are obtained to fimnce th~ Project, t,~e fedml and rote requimnmts shah bc ~t. lqotwithstandin~ thc foteBoir~, if ~e County*s require~nts are mote st:~nsenk the Coumy's n~qui:c'nmm shah p~vail. ARTICLE Ii MUNICIPALrrY~ AND DEVELOPER'S lP~PON$1BILITIF~ Covenanu. Municipality and Developer haeby covenant and apee for dan~selves nd evay successor in interest to the l~lopn~nt Are~ or any part thai-of, as follows: As Consmmion of th~ Project. Construction of the Project shall cemm~nc~ eo bur than two (2) months from the date oftl~ ~ md shall proceed dili~ntly to completion within twenty- four (24) months from the date of the Closing. Plans and Spcoiflcatioco. Municipality and Developer npee to undemke end can~ out tbe consu'uction oF the Project in acc~hnce with ~ha Development Plan and the applicable building and fire codes and zcuing rasU~ctiuns which arc in effc~ Municipality and Developer may rna~ amendments, mndif'ma~ns or coaecllom to tbe Development Plan, provided that the same comply with dm requirements of. the applicable beiidins codes and zoning sesuictiuns which ere in effect, and p~ovided, further .that any mndifcatiom, u~ndments or corrections to the l:)evelopmcut Plan which affect (0 the site plan or (ii) the total numb~ and dis~filmtinn as to ~ of dw~llin8 units shall require thc prior w~uen approvul of ~.~ Depafln~nt. In addition to thc fore,nine, any material changes to the Devclopn~nt Plan shall also require p~ MMen ap~ oftbe Suffolk County Le~s¼ture. "Material Cbn~e" shall be is determined by the Director of A~ordable Housing of the Deptmncot of' Economic Development and Workforce Housing (the =Director"). Any requests to mod~/the sim plan or total number and dtstrthutinn as to type of dwellic~ units shall be madn in accordance with thc notice req~'en~nts of.Section 515 oftbe Development .&.grorma~ As of the date ha~of~ ~ha applicable zoflin~ r~uistinas are consistent with the land usc and development c,~,~,~,~ated in tha Development Plan. If the Developmem Phn is modif'lnd or emended, all chn~es must be app~ved by ~ ~amuenc The Dopmment shell mete ~easonable affofls to sssist Municipality and;cc Developer in any proceeding, other than judicial procendinp initiated by Municipality and/or Devclopar to obtain other neceasL,~' Coup/apprevniL Impsirment of County Lien; Repaint. hr of Land Dcvclopmcut Subsidy. Mm3icipality and Developer covenant and assee end will requite any suorer, re~s, migm and um,.sfaees to covmmt and apce, that it shall not undertekc any tctinn or octivJty which shll impair or have the effect of'impairins the lien of the County in ~he amount of' the acquisition co, ts of' by the Program except as antberked ander this A~rennm. Tha Land Development Subsidy ("LDS') for owner-ocoupied units, imposed upon tha Projcut in __~,~__.dance ~th the Propmn shall be repaid when the hunsin~ unit is sold, u'ansfe~ed or nthaflvise conveyed, or when occupancy req~-.'-~,~.nts are not mat, unless otherwise specified in thc Developn~nt Plan and in ac~.~oc with the Propmn. Municipa]ity shall offer inccotivec, such as dcusi~ bombes, fast-~reck approvals, f'ce waivm, nd/or financial assimnce, such as community development Mock pant funds, indusuial deve~ bonds and/or mx craters, to the pmposnd afF..ordabie hausins dav-'lopment ix'ior to the acquisition oldie Development Area. Iftha Developor is a f(x-ln'Oflt development entry tha~ any amount of.prof'~ realized by the Developer mint conform to New York Sma Affordable Housing Crei~rstiun (er its soccasson') snidclineL Prior to acquisition oftbe Development Area by the County, Municipality shall, by tuolu~un or other iellislallve act, approve ~ I~vniopmcut Apeemant. The · uumbm of units of affordable housin~ du tsr~etM occupan~ the m~thnd of seiectin8 the occupam and the sales ~c~ to be paid by the occupants are set forth ic t~. Development Phn. 4 E. County Appro~l of Municipality's ApeementL I. Muni~ty shall submit to th~ County for M~iten approval, all f.mal dnc~ncnts · mi/or ait~'mem necessary to effectuate the conveyance of the Deveiop~m Area from Municipality to the Develeper at least ~ (20) business days ~ to 2. All aSreements between Developer and Municipality shall incorporate by reference the Develolm~nt Apeement herein, and inchda a provision flint Develops, in addition to Municipality, expressly nnunes all obligmions, terms and conditions set f~flh in this Asreeng'm and the Development Plan. 202. Project $i$m. Developer or Municipulity shall~ ~t its own cost and c~cnse, promptly erect and nulnmin a Project sign identi~in$ Ibc inter,st of tho parties in le~.ing of such size and form ts shall be ,i,~.~,ved by the Dopmment. Tbe provisions of this Parapuph 202 shll survive the Clusing until Completion of Conslm:tion ts desctR~d inncdiotely below in Paragnph 203. 203. Completion of Conslm:tioJL Con.ql~ction of the Project shall be d~.med complete wbe~ (O a tempori~ or pemune~ Cer~flcate of Occupancy has been issued by the Municipality for all or'ih rusidan~l uniu conslmcted on tl~ Develwment Area, snd {ii) die Municipality ceflffies in writing to the Department thai ih Pruj~t meets all applicable buildin8 and rite codes and zonins restrictions ami iht all ih Project conslruction oblir, ation~ of Municipality have been met ("Comple~ion of Construction"). Municipaii~ may ceflify as to complelion ofpustions of Ibe Project an ~ ts (0 and (ii) shove hw been n~t for such poflion. 204. Drawinp. Upo,s completion of the Project, Developer and/or Municil~lity shaH, submit to th~ Departmont d~ee (3) sets of"ts hollt" sun;eys oftbe Project showing all ih construction ,'ertifi~d ns complete by Munlcipal~. The "as built" surveys shall indicate, on ha face, thc locations of aH ~ rights-of-ss-ay, utility and other etsemn~s and work as n_ffmdly hoil~ ~d immil~. Such iocatious shall be shown by offset distances f~0m permanent surfm:e improvements such as l~ildinp, Ropmu. Municipality shall submit · nn~ative report in writing to tbe Director within six (6) months af~ the Cl~ing, and eve~ three O) months thn. esfler, up to the ~ of Completion of Constmctio,' punuant m Panpa~ 203 above, as to the pro, us of ih consmL.-'tinn on the D~eln~ment ~ Each rtlMrt shall also inclnd~, ~ ,MI be limited to, (0 a pi'open ~.port f~m the supe~ising architect or ensheer;. (is') the dam of completion and occupan~ of any honsin~ unit; (iii) ih name of' the purchm~r, the libel, pas~ and date in which the instrument ofcunveyance wts recorded in the Off'ice of the Suffolk Coun~ Clnk; (iv) ih total household income, fi'om all solu~.s, of ih pun:hase~s), and his/hcr/ihir family; and (v) the total pu~bse prico oflha housing u,it In addition, Municipality shall provide a rc~fl to the Directo~ on later than Decemhor 31s of each year of this Agreen~m ,~utiinin[ ih exact and pr~cho use to which any such parceh h~ve been put nd the ncr procecds $coereted by the initial purchts of anch uffordable houalnn unite. Said yeer-end ropo~ shll also smtc wbed2r ~ not the l~rcels bye been utilized fo~ afl'oahble ho~in$ pmposus and whether or not the rutrictive covenanU contained in any deeds of conveyance ensues such utilintion have been edhored to. 206. Limimlion on Uso of Developmen~ Aran. Municipality. and Developer, prior m Completion of Comt~elion of the Project, shall not rent, liceuse or pernnt remporlr~ use of the Deveiopmenl ~ for purposes unrelettsl Io ih construction of ih Pmj~t; p~ovid~d, however, Iht Municipality and Developer may ecta into con~ncts of ule ts the case nuy be, for d2 home ownership units in the Projeck ts m foflh in ~te Developmco. t Phn, prior to completion of ih ProjecL The Project me)' temporarily cuntein a r~tal or sales office and an approprinte numhor of model units ts may be applicable. 20'/. Access. Prior to the ClusinL the Developc~ shll permit represemative& employees and ngcots of the ~l~a~m~.nt and Manieipality to have access, at all reasonable ~ Io any pail or' th~ Development : Number of pases ~' 'This document will be public record. Please remove ail Social Security Numbers prior to recording. Deed I Mortgage Imtmmeht 31. Page / Filing Fee Handling 5. 00 TP-584 ,,, Deed / Mort~e Tax Stamp .Notation E~-52 17 (County) F~-5217 ($tnte) R.P.T.S.A. Comm. of Ed, Affidavit Certified Copy NYS Surel~c Other 4 ] DisL Tax Set Agen! Vefifica 6 Sub Total t 5. 00 15. 00 Sub Tot,mi · - ! ~' ":.,"1~ RECORD & Rif,'01iN TO: P ~/~or .It. Tq 2007 N~r .05 04:22.'3~pH ' ' Judith fl. pa.mcale SUFFOLK L 000012494 p 98t .' Recordin~ I Filing Stnml~ Mortgage Amt. I. Basic Tax 2. Ad~li.'.tional T~ ;ub Total - -e' SpeeYAs$it · , or Spec./Add. Dual Town Dual Cuunty Held for Appoiutmeut Tr~fer T/x Mnnsion Tax The pmperty co~ered by this mo~tgage'is of will be improved by a one or. two family dwelling only. .YES or. NO If NO, see ~pro~rinte t~x ~'l~use on page # Pre~f,~v~tion Consideration"~n&tmt $ ~ Ir~, ~ CPF T~x Due $ ' ~-.~. ~"1~ ff (SPECn~Y T',T. E OF The premises herein i~ situated in " SUFFOLK COUNTY, NEW YORI~ TO . In the TOWN of · In th~ VILLAGE · .' ". ..-,'" · "'- · ' .'. BOXES 6 THRU 8 MUST BE TYPED OR'PRINTED'IN BLACK INK ONLY PRIOR.TO.RF~)RDIlg,1(3'OR FILING. ,. ':'.' 31o Center u,ive, ~ve,'nead, · ~=o,',~c,~ .~j~ ~ , . .~.. _ ... ~, . ~offolk Cram Reem'~n & F'.ndorsemem Pa e" SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type o£ Instrument: DEEDS/DDD Number of Pageet 62 Receipt l~--her : 07-0022252 TRANSFER TAX NUMBER: 06-25449 District: 1000 Deed Amount~ Recorded: At: LIBER: PAGE: Section: Block: 122.00 02.00 ~-~MI~ AND CRAIt(~ED AS FOLLOWS $895,000.00 Received the Following Fees For Above Instrtm~nt Page/Filing $0.00 YEB Hondling COS $0.00 YES NYS BRCHG EA-CTY $0.00 YES EA-BTATB TP-584 $0.00 YES Cert.Cop~es RPT $0.00 YES SCTM Transfer tax $0.00 YES Co~m. Pres Fees Paid TRANSFER TAX NUMBE~t~ 06-25449 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pasc&le County clerk, Suffolk County 03/05/2007 04~22:37 PM D00012494 981 Lot: 023.002 Exeml~t $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 YES $0.00 Y~S $0.00