HomeMy WebLinkAboutCottages at Mattituck
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 62
Receipt Number : 07-0022252
TRANSFER TAX NUMBER: 06-25449
Recorded:
At:
03/05/2007
04:22:37 PM
LIBER:
PAGE:
000012494
981
Deed Amount:
Section:
122.00
EXAMINED AND
$895,000.00
Block:
02.00
CHARGED AS
Lot:
023.002
District:
1000
FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $0.00 YES Handling $0.00 YES
COE $0.00 YES NYS SRCHG $0.00 YES
EA-CTY $0.00 YES EA-STATE $0.00 YES
TP-584 $0.00 YES Cert.Copies $0.00 YES
R.PT $0.00 YES SCTM $0.00 YES
Transfer tax $0.00 YES COImll.Pres $0.00 YES
Fees Paid $0.00
TRANSFER TAX NUMBER: 06-25449
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
- I......
. -
~
[!][i]
,
Number of pages
This document will be pUblic
record. Please remove all
Social Security Numbers
prior to recording.
F:ECORCH'
2007 f1ar 05 04: 22: 37' Pt1
Judith P.. P~scale
CLERK OF
SUFFOLK COUfH\'
L DOOOI24'~4
P 9:,:1
DT# 06-2544'3
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
3
Corom. of Ed.
5. 00
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.! Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Appointment
Transfer Tax 6'Xemf"'"r _
Mansion Tax
Page / Filing Fee
Handling
TP-584
5" .QQ....
Notation
E.~.-52 17 (County)
EA-52I7 (State)
R.P.T.S.A.
Sub Total
Lf~a1
Affidavit
Certified Copy
NYS Surcharge
Other
15 . .QQ....
Sub Total
GrandTota.!..~
. .j
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
4 Dist. Section Block Lot
Real Pre /~ tL
Tax Ser
Agem
Verifica
5 Community Preservation Fund
f rJ Consideration Amount $ f?tlr ~, tIO
CPF Tax Due
$ E.X~II'\P/
Improved
Vacant Land ~
6 SatisfactionslDischargeslReleases List Property Owners Mailing Address
RECORD & RETURN TO:
f(,E.;2AN ~/lllrJ .fS7" , 'I"T--
70 w,.l tJ P S p cJ -rffOt-.I) 1l"f'IIJ(2N ey" ~'t:f7(
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TO /0
TO
TO
Mail to: Judith A. Pascale, Suffolk County Clerk 7
310 Center Drive, Riverhead, NY 11901
www.suffolkcountyny.gov/c1erk
'CC W.
I'fJY
8 Suffolk Count :Recordin & Endorsement Pa e
This page forms part of the attached -..D '&E D made by:
(SPECIFY TYPE OF INSTRUMENT)
UJlJlV7Jf t2F ~?}ftol.K
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
JOWN tOP
. . .
TO
!J. 0 rJ 7#ot-dJ
In the TOWN of
'-.~lJJfJlrJL.f)
fnvrTi/71/ Ct:-
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
. ,
. ,
DoclD: T . 07005001
Tax Maps 3(Il
PRO,b<t.;
District Seeton Block Lot School District ~ 'P~ . I Sub Division Name
SUFFOLK
1000 12200 0200 023002 ~ COU~
1000 12200 0200 023004 ~-
1000 12200 0200 023005 tJ~
1000 12200 0200 023006
1000 12200 0200 023007
1000 12200 0200 023008
1000 12200 0200 023009
1000 12200 0200 023010
1000 12200 0200 023011
1000 12200 0200 023012
1000 12200 0200 023013
1000 12200 0200 023014
1000 12200 0200 023015
1000 12200 0200 023016
1000 12200 0200 023017
1000 12200 0200 023018
1000 12200 0200 023019
1000 12200 0200 023020
1000 12200 0200 023021 0'1
1000 12200 0200 023022 Y
1000 12200 0200 023003 I
.,
=...a............. -I") .,,,n"'7
...
MAP OF COTTAGES AT MATTITUCK
FILED 1130/07 MAP NO. 11491
LOT NO. TAX MAP NO;
1 1000-122.00-02.00-023.002
2 1000-122.00-02.00-023.003
3 1000-122.00-02.00-023.004
4 1000-122.00-02.00-023.005
5 1000-122.00-02.00-023.006
6 1000-122.00-02.00-023.007
7 1000-122.00-02.00-023.008
8 1000-122.00-02.00-023.009
9 1000-122.00-02.00-023.010.
10 1000-122.00-02.00-023.011
11 1000-122.00-02.00-023.012
12 1000-122.00-02.00-023.013
13 1000-122.00-02.00-023.014
14 1000-122.00-02.00-023.015
15 1000-122.00-02.00-023.016
16 1000-122.00-02.00-023.017
17 1000-122.00-02.00-023.018
18 1000-122.00-02.00-023.019
19 1000-122.00-02.00-023.020
20 1000-122.00-02.00-023.021
21 1000-122.00-02.00-023.022
22 1000-122.00-02.00-023.023
DISTRICT
1000
SECTION
122.00
BLOCK
02.00
LOTS
023.002
023.003
023.004
023.005
023.006
023.007
023.008
023.009
023.010
023.011
023.012
023.013
023.014
023.015
023.016
023.017
023.018
023.019
023.020
023.021
023.022
023.023
6 73,79
TIDS QIDTCLAIM DEED WITH COVENANTS AND RESTRICTIONS ("Deed"),
made the 8th day of February, 2007,
BETWEEN the COUNTY OF SUFFOLK, a municipal corporation of the State of New
York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New
York 11901 ("County"), acting by and through its Department of Economic Development and
Workforce Housing ( the "Department") having its offices at 100 Veterans Memorial Highway,
Hauppauge, New York 11788, as Grantor and the Town of Southold, a municipal corporation
of the State of New York whose address is 53095 Route 25, Southold, New York 11971
("Town"), as Grantee.
WHEREAS, 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 and State of New York, as more particularly described in Exhibit "A" annexed
hereto and made a part hereof ("Development Area"); and
WHEREAS, pursuant to a development plan ("Development Plan"), annexed hereto and
made a part hereof as 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 certain development agreement ("Development Agreement"), as annexed hereto and made a
part of hereof as Exhibit "C", between the County, Town of Southold and CDCLI Housing
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 instrument; and
WHEREAS, the Development Area is eligible to be conveyed from the County to the
Town pursuant to S 72-h of the New York General Municipal Law; and
WHEREAS, pursuant to Resolution No. 1130-2006, the Suffolk County Legislature
approved the conveyance of the Development Area from the County to the Town; and
WHEREAS, Town proposes to purchase the Development Area from the County
pursuant to the terms and conditions set forth in the Development Agreement and to undertake
the construction of the Development Area in accordance 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 00/100 Dollars ($10.00) and
other valuable consideration paid by Town, the receipt and sufficiency of which is hereby
acknowledged, does hereby remise, release and quitclaim unto Town, its successors and assigns
forever, the Development Area, together with the appurtenances and all the estate and rights of
the County in and to the said Development Area.
BEING AND INTENDED to be the same premises conveyed to the County of Suffolk
by CDCLI Housing Development Fund Corporation by deed of even date 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 of the deed of
even date herewith by the Town, as grantor, to CDCLI Housing Development Fund Corporation,
as grantee.
TO HAVE AND TO HOLD the Development Area herein granted unto Town, its
successors and assigns forever, as follows:
I
A. Convevance.
I. The County hereby conveys to Town, and Town accepts from the County, all
right, title, and interest of the County in and to the Development Area together
with a right of ingress and egress over Cottage Way as shown on the filed map to
the nearest public highway and the appurtenances and all the estate and rights of
the County in and to the Development Area, subject to, without limitation, the
following (i) the trust fund provisions of Section 13 of the Lien Law; (ii) all
covenants, restrictions and easements of record, if any; (iii) and all terms,
covenants, and conditions of this Deed, the Development Agreement, and the
Development Plan.
2. Town accepts the Development Area in its "as is" condition on the date of
delivery of this Deed 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 represents 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 of the date of delivery of this Deed to Town.
B. Conditions. Town, by its execution and acceptance of the delivery of this Deed,
covenants and agrees, for and on behalf of itself, its successors and assigns, and every successor
in interest to the Development Area, or any part thereof, to be bound by the following covenants
and restrictions, which shall run with the land and which shall be binding for the benefit of the
County and which shall be enforceable by the County against Town and its successors and
assigns to the fullest extent permitted by law and equity:
1. Town will be restricted in its use 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 further action by
County, in the event that Town at any time uses or attempts to use the
Development Area for other than affordable housing or attempts to sell, transfer
or otherwise dispose of or does, 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.
2. Additionally, if anyone or more violations of the following restrictions occur, the
Development Area conveyed by this Deed shall revert as hereinbefore set forth to
the County:
a. Income Limits: all units, must be owner-occupied and remain the
principal residence of the owner. The owner's total household income
must meet the following income limits:
2
Units
11
Income Limit
Up to 80% ofHUD established median
income limits, adjusted by family size,
for the Nassau-Suffolk PMSA
11
Up to 100% HUD established 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 development costs of this Project, the most stringent income
guidelines of the respective funding entities shall prevail.
b. Affordability for Owner-Occupied Units: The maximum unsubsidized
sales price 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 non-targeted purchase price.
c. In the event that subsequent to conveyance of the Development Area, or
any part thereof to Town, and prior to Completion of Construction as
defined in and in accordance with paragraph 203 of the Development
Agreement, if Town and/or its successor in interest shall fail to effectuate
the Completion of Construction within the time specified in Paragraph
20 I (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 approved
by a duly enacted resolution of the Suffolk County Legislature and in
accordance with the Development Plan, and such failure is not remedied
within sixty (60) days after the Director of Affordable Housing has
provided written notice of such failure to the Town, the aforestated
reversion shall occur.
d. Upon payment of the 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 price, income eligibility and marketing
standards for this affordable housing Project.
C. Reversion of Title to the County. If the Town and/or its successor in interest to the
Development Area breach the covenants, agreements and restrictions set forth in this
Deed, the County shall have the right, subject to the laws of the State of New York, to re-
enter and take possession of the Development Area, and to terminate the estate conveyed
to Town and to re-vest the same in the County. Notwithstanding anything contained in
this Deed to the contrary, 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 any way, the Permitted
Encumbrances as described in the Development Plan, which include the lien of any
3
, .
mortgage to which the County has subordinated its lien, also as stated 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.
D. Development Plan Compliance. Town shall develop and operate the Development Area
in accordance with the requirements of the Development Plan. Notwithstanding any
provision to the contrary 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
own terms.
E. No Merger.
1. Notwithstanding the specific recital in this Deed of certain of the covenants,
restrictions, and agreements which are provided for in the Development Plan and
in the Development Agreement, each and every covenant, restriction, agreement,
term, provision, and condition contained in the Development Plan and in the
Development Agreement 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 no covenant, restriction, agreement, term,
provision, or condition contained in the Development Plan and in the
Development Agreement shall in any event, or in any respect be deemed merged
with this Deed.
2. 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 any mortgage running in favor of the County on the Development
Area, or any part thereof, shall not be deemed discontinued nor merged into the
greater fee simple absolute title. In such case, the mortgage interest of County
shall be deemed to continue and exist, as it has been previously created, free,
independent and not merged into any such greater fee simple absolute title which
may be acquired by County due to any such reversion.
F. Covenants Running With the Land. It is intended and agreed that the agreements,
covenants and restrictions herein shall be covenants and restrictions running with the land
and that they shall be, in any event, and without regard to technical classification or
designation, legal or otherwise, binding for the benefit and in favor of, and enforceable
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 and be
enforceable against Town and its successors and assigns. It is further understood that
such agreements, covenants and restrictions shall be binding only upon the Town, any
successor or assign of the Town undertaking the construction, reconstruction or
rehabilitation of affordable housing on the Development Area or a purchaser of an
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 (31) years, whichever occurs first and
the filing of a satisfaction thereof, the covenants, agreements and restrictions contained in
this Deed, the reversion contained in Section (B)(1) and (C) 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 expired or was paid and satisfied, as the
case may be, and to the successors and assigns of such unit or units and shall no longer be
deemed to run with the land.
4
G. Severability. If any term or provision of this Deed shall be found to be void, voidable, or
otherwise unenforceable, such term or provision shall be deemed severed from this Deed
and shall have no further force or effect, and the remaining terms and provisions shall
thereafter continue in full force and effect to accomplish the intent and purpose of this
Deed to the fullest extent possible.
H. Waiver. To the extent permitted by law, Town hereby waives any and all rights it may
have, at law or equity, to challenge, modify, set aside, extinguish, enjoin enforcement of
or seek relief from any of the terms, conditions, covenants, restrictions, or agreements in
this Deed.
I. Defined Terms. Any capitalized term not defined herein shall have the meaning ascribed
to them in the Development Agreement and/or the Development Plan.
IN WITNESS WHEREOF, the County has duly executed this Deed and the Town has
duly executed this Deed as of the date and year first above written.
COUNTY OF SUFFOLK
By: <?a.J)~
PAUL SABATINO II
Chief Deputy County Executive
ACCEPTED AND AGREED:
TOWN OF SOUTH)""
By: ~.e:..~
Scott A. Russell.
Supervisor
5
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the 8th day of February in the year 2007, before me, the undersigned, personally
appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf 0 which the individual acted, executed the
instrument.
Offi ilividual
edgment 4./ D
/"f ,,'\)t3esR/1) .
ROBeR, 0. ~.Ri',GO f':l L:J &>
"-Jatar" f-~L;blic, Sr.ete of ~:e\fIYork ",,, , G:t)
. Sudolk Counly, ..NO. 4862888 H"'J ~ U FFO~ CQ
Term Expires t\'Jqu~t 18, 20....L.- '
Nb. LA?"'~~~
~m 6>)(,0. . ~~/..
~/A'//D
On the 8th day of February in the year 2007, before me, the undersigned,
personally appeared Paul Sabatino II, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of hich the individual acted, executed the
instrument.
STATE OF NEW YORK
)
) ss.:
)
COUNTY OF SUFFOLK
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SCHEDULE "A"
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7
Fidelity National Title Insurance Company
TITLE NO. 07-7404-67379-SUFF
RE-AMENDED 217107
SCHEDULE A-I (Description)
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, known as Lot's I thru 22 on a certain map entitled, "Map of Cottages at Mattituck" filed
in the Office of the Clerk ofthe County of Suffolk on 1/30/07 as Map No. 11491.
TOGETHER with ingress and egress ov Cottage Way to the nearest public highway.
('
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right. title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
Rev. (03/04)
DEVELOPMENT PLAN
COTTAGES AT MATTITUCK, TOWN OF SOUTHOLD
Introduction
Defined terms not otherwise defined herein shall have the meanings set forth in
the Development Agreement.
Municipality:
Town of Southold
Attn: Phillip Beltz, Special Projects Coordinator
P.O. Box 85
Mattituck, NY 11952
Project Address:
North side of Long Island Rail Road tracks, West of
Factory Avenue, South of Sound Avenue in the
Hamlet of Mattituck.
Site Description:
The entire site is comprised of 7.4 acres and will
contain 22 homeowner units. Suffolk County
("County"), 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 description - Exhibit A.
Owner:
CDCLI Housing Development Fund Corporation
Attn: Marianne Garvin, President
2100 Middle Country Road
Suite 300
Centereach, NY 11720-3576
Suffolk County Tax
Map Numbers:
1000-122.00-02.00-023.001 - {subject to change
after lot is subdivided}
Land Purchase:
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.
Project Description:
New construction of 22 single-family owner-
occupied homes. Each home will be 1100 sJ., 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.
II II
E.X H , 61 ,- 8
Page 1
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
tile in the bathrooms.
Land Subsidy (LOS):
$40,681.82 per unit.
LOS Repayment:
Forgiven after 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
11 2 BR
Purchase Price
$175,900
$218,400
The Town will certify to the County at initial
occupancy that it has met such requirements.
Homeownership
Occupancy Requirement:
Workforce Housing Units must be owner occupied
and remain the principal residence of the owner.
The homeowner must repay the LOS as set forth
below. The LOS 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 LOS to be repaid is equal to the
original amount of the LOS.
Page 2
Income Eligibility:
Homeowner Selection Process:
Funding Sources:
Permitted Conveyances:
Permitted Encumbrances:
Homeowners must not exceed the following income
limits, based on family size, at the time of initial
occupancy:
11 units (see Exhibit B)
up to 80% of
Nassau/Suffolk 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 sources
participate and require more restrictive income
limits, they will prevail.
The Town will certify to the County at initial
occupancy that it has met such requirements.
See Exhibit C
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 acquisition costs.
3. $385,000 grant of HOME funds.
Sales of individual Workforce Housing Units/Lots.
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 its 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 the permanent
Page 3
. ..
residential mortgage lender; second priority
mortgage lien status to be held equally between the
County, in an amount equal to the LOS on a per
unit basis as defined above. and the mortgage lien
in favor of AHC; third priority mortgage lien in favor
of County of Suffolk Community Development
Office.
Development Team
Members:
Builder: Island Estates East, LLC
Supervising 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.
/pIIil\f"'~
Page 4
.'
Fidelity National Title Insurance Company
TITLE NO. 07-7404-67379-SUFF
SCHEDULE A-I (Description)
RE-AMENDED 2/7/07
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Soutbold, County of
Suffolk and State of New York, known as Lot's I thru 22 on a certain map entitled, "Map of Cottages at Mattituck" filed
in the Office ofthe Clerk of the County of Suffolk on 1/30/07 as Map No. 11491.
TOGETHER with ingress and egress over Cottage Way to the nearest public highway.
r:t'oi,...+~
\ ....
THE POLICY TO BE ISSUED under this commitment wi/i insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party oftheftrst part, of in and to the land lying
in the street in front of and atijoining said premises.
SCHEDULE A-I (Description)
Rev. (03/04)
Exhibit B
(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 HUn median income for
the County of Suffolk. These units will be sold at a purchase price to the buyer, net of
subsidies, $175,900. The Suffolk County Land Development Subsidy for each of these
units will be $40,681.82. .
(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 Suffolk. These units will be sold at a purchase price to the
buyer, net of subsidies, $218,400. The Suffolk County Land Development Subsidy for
each of these units will be $40,681.82.
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EXHIBIT C
mortgageable. Receipt of a mortgage pre-approval by the applicant will be required in
order to be entered in to the lottery.
Applicants must secure a mortgage pre-approval from a lender of their choice. AJ an
additional service, cnc's non-profit mortgage brokerage will conduct pre-approval at no
cost to the app Iicant.
Lottery
Selection of homebuyers will be conducted by lottery. All applicants who have
completed Home Buyer Education and submitted a mortgage pre-approval will be
eligible for the lottery. The lottery will be held during the fall of 2006. Eligible
applicants will be offered the opportunity to purchase a home in accordance with their
place on the lottery list. Each applicant's name will be entered into a bound book which
will become a pennanent record of each applicant's lottery number.
Local Preference
All applications will be divided into four categories, which are the Town of Southold's
Local Preference priorities, as delineated in the Affordable Housing District zoning
ordinance, as follows:
· Priority I: Applicants who live and work in the Town
· Priority 2: Applicants who live in the Town and work outside the Town
· Priority 3: Applicants who work in the Town and live outside the Town
· Priority 4: Applicants who used to live in the Town & wish to return
. Priority 5: All Other Applicants
Applicants will be drawn at random, from each of the priority categories, in the order
listed above, and assigned an overall lottery number.
IDcome TargetlDg
In addition to the Local Preference, the Cottages at Mattituck has been designed with
income targeting, so that II of the units will be sold to households with incomes below
80% of area median, and II will be sold to households with incomes up to 1000/0 of area
median. Accordingly, the first II participants in the lottery who meet each of these
income criteria will be selected to proceed to contract.
COD tracts of Sale! AllocatioD oC Subsidies
CDC of Long Island staff will evaluate closing costs and down payment funds available
to each participant. Applicants will certify the accuracy of their asset and income
documentation, and sign credit release statements for verification of credit-worthiness.
Staff will also evaluate and certify each applicant's eligibility for the various layers of
subsidy, from government and private sources for which they may be eligible, and create
an individualized home-buying profile for each buyer. The Contract of Sale entered into
between CDC and the buyer will identify the availability of AHC subsidy, and other
sources of subsidy.
.,
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") made the!' day of December, 2006
between THE COUNTY OF SUFFOLK (the "County"), a municipal cOlporation of the State of New York,
having its principal office at County Center, Riverhead, New York 11901 acting by and through its
DEPARTMENT OF ECONOMIC DEVELOPMENT and WORKFORCE HOUSING (the "Department"),
having its offices at 100 Veterans Memorial Highway, Hauppauge, New York 11788, THE TOWN OF
SOUTHOLD (the "Municipality"), a municipal corporation of the State of New York having its offices at
53095 Route 25, Southold, New York 11971 and CDCLt HOUSING DEVELOPMENT FUND
CORPORATION ( the "Developer") having its principal offices at 2 JOO Middle Country Road, Suite 300,
Centereach, New York 11720-3576,
WHEREAS, in furtherance of the objectives of Article XXXVI of the Suffolk County Administrative
Code, as amended (the "Program"), the County has undertaken a program for the acquisition, construction,
reconstruction and rehabilitation of properties for affordable housing purposes; and
WHEREAS, the County has authorized the acquisition of certain real property within the County of
Suffolk known as The Cottages at Martituck, and more particularly described in Schedule A, annexed hereto
and made a part hereof (the "Development Area"), which Development Area is to be conveyed from the County
to Municipality pursuant to the terms of this Agreemen~ and
WHEREAS, there exists a need in Suffolk County to provide affordable housing thereby promoting
the County's economic growth and prosperity; and
WHEREAS, there has been formulated and presented to the Suffolk County Legislature for
consideration and approval an Affordable Housing Development Plan known as the Development Plan for
(the "Development Plan"), annexed hereto and made a part hereof as Exhibit B, which Development Plan was
approved by the Suffolk County Legislature pursuant to Resolution No. 1130-2006, which provides for the
construction, reconstruction andlor rehabilitation of said Development Area and, inter alia, the construction of
ancillary facilities at the Development Area (the "Project"); and
WHEREAS, Resolution No. 1130-2006 authorizes the County to enter into this Agreement, acquire the
Development Area and subsequently convey the Development Area to Municipality for affordable housing
purposes in accordance with the Program; and
WHEREAS, Resolution No. 2006-715 authorizes the Municipality to enter into this Agreement,
acquire the Development Area from the County and subsequently convey the Development Area to Developer
for affordable housing purposes in accordance with the Program; and
WHEREAS, the County has acquired or will acquire all real property not owned by it in the said
Development Area and intends to sell and convey the Development Area upon such terms and provisions as
shall ensure the construction, reconstruction andlor rehabilitation of the Development Area by Municipality and
Developer, all as provided herein; and
NOW, THEREFORE, each of the parties hereto, for and in consideration of the promises and
agreements of the other party hereto, does covenant and agree as follows:
ARTICLE I
CONVEYANCE
1OJ. Purchase, Sale Agreement and Mottgage. The County agrees to purchase the Development Area
from Developer and to convey the Development Area to Municipality. Municipality agrees to
E)(ltl err II c "
purchase the Development Area from the County for the purchase price of EIGHT HUNDRED
NINETY-FIVE THOUSAND and 00/100 DOLLARS ($895,000.00) subject to the terms and
conditions of this Agreement, the Development Plan, the Note and Mortgage to be executed by the
Municipality and held by the County (the "Note" and "Mortgage") and the Program. A copy of the
Mortgage is annexed hereto as Exhibit C. Such conveyance is expressly conditioned and subject to
the acquisition of all real property within the Development Area by County. In the event County
is unable to acquire such real property with reasonable diligence, neither party shall have any
further obligations under this Agreement.
102. Closing.
A. County shall give Municipality and Developer at least ten (10) business days prior notice of
the date, time and place for the closing (the "Closing") which shall be deemed to be and
include the simultaneous closing of all three contracts as referred to in paragraph 102 (D)
below. The Closing shall be during normal business hours.
B. The deed for the Development Area (the "Deed") to be delivered by the County to
Municipality hereunder shall be a quitclaim deed. To the extent that the terms, conditions,
provisions, covenants andlor agreements contained in this Agreement conflict or are
inconsistent with the terms, conditions, provisions, covenants, agreements andlor restrictions
of said Deed, the Deed shall govern.
C. The Note and Mortgage shall be delivered by Murticipality to the County in accordance with
the terms and conditions as set forth in the Development Plan.
D. The Closing for the conveyance of the Development Area from Developer to County shall
occur simultaneously with the closing for the conveyance of the Development Area from the
County to Municipality and the Closing for the conveyance of the Development Area from
the Municipality to the Developer.
103. Certain Conditions of Conveyance.
A. General Conditions. The Development Area shall be conveyed subject to all of the following
conditions:
1. Any state of facts an accurate survey may show provided the same does not render
the title unmarketable.
2. All the tenus covenants and conditions of this Agreement
3. The provisions of Article XXXVI of the Suffolk County Administrative Code as
amended.
4. Covenants, easements and restrictions, encroachments, utility easements and rights
of way of record.
5. Any and all municipal liens or encumbrances of record existing on the date of
Closing or thereafter listed or recorded resulting from an inspection made of the
Development Area prior to the date of conveyance to Municipality.
6. The provisions of all laws, codes, statutes, ordinances, acts, rules and regulations of
local, state or federal government, and any agency or subdivision thereof.
7 The Development Plan and any building restrictions and zoning regulations in effect
at the time of Closing and any facts disclosed in the Suffolk County tax maps.
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8. Simultaneous Closing of all three contracts of conveyance for the Development
Area. In the event that one party is unable to close on the agreed upon closing date,
the closing may be adjourned for up to five (5) business days upon consent of the
other parties, providing that the party requesting the adjournment agrees to pay any
costs associated with the adjournment.
B. Additional Conditions. The Development Area shall also be conveyed to the Municipality in
accordance with the following:
1. No Obligation. Except as specifically set forth herein, County shall have no
obligation to bring any action or to incur any expense to make the title to the
Development Area comply with the provisions of this Agreement.
2. Recording. Municipality shall cause this Agreement, the Deed, the Development
Plan and Mortgage described in the Development Plan to be recorded immediately
following the Closing and shall pay all required recording fees and taxes, if any.
3. Condition of Development Area. Municipality shall accept the Development Area in
"as is. condition. County does not warrant or represent the suitability of the
Development Area for the Project and has made no other representations regarding
the condition of the Development Area. Municipality represents that it has inspected
the Development Area and is fully familiar with its condition.
4. No Prior Defaults. Failure by the Municipality to pay municipal taxes and other
charges under any debt, lease, contract or obligation to the County, or any of the
County's agencies or departments, may disqualify the Municipality from obtaining
title to the Development Area.
5. Clean Up Costs. Any charges, costs, assessments or levies imposed by Municipality
or any other governmental entity against County for any cost incurred or projected to
be incurred for the cleaning up of any debris on the Development Area shall be paid
by Municipality immediately upon receipt by Municipality, from County or
otherwise, of any bill, assessment or levy therefor. County shall have neither
responsibility nor any obligation for the payment or reimbursement of any such
charges, costs, assessments or levies.
C. Financing. Aa a condition precedent to the conveyance of the Development Area from the
County to Municipality, and simultaneously with the Closing, Developer shall have delivered
to the Department, documents satisfactory to the Department indicating that there are
sufficient public andlor private funds committed to complete the Project. In the event federal
or state grant funds are obtained to finance the Project, the federal and state requirements shall
be met. Notwithstanding the foregoing, if the County's requirements are more stringent, the
County's requirements shall prevail.
ARTICLE II
MUNICIPALITY'S AND DEVELOPER'S RESPONSIBILITIES
201. Covenants. Municipality and Developer hereby covenant and agree for themselves and every
successor in interest to the Development Area or any part thereof, as follows:
A. Construction of the Project. Construction of the Project shall commence no later than two (2)
months from the date of the Closing and shall proceed diligently to completion within twenty-
four (24) months from the date of the Closing.
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B. Plans and Specifications. Municipality and Developer agree to undertake and carry out the
construction of the Project in accordance with the Development Plan and the applicable
building and fire codes and zoning restrictions which are in effect. Municipality and
Developer may make amendments, modifications or corrections to the Development Plan,
provided that the same comply with the requirements of the applicable building codes and
zoning restrictions which are in effect, and provided, further that any modifications,
amendments or corrections to the Development Plan which affect (i) the site plan or (ii) the
total number and distribution as to type of dwelling units shall require the prior written
approval of the Department. In addition to the foregoing, any material changes to the
Development Plan shall also require prior written approval of the Suffolk County Legislature.
"Material Change" shall be as determined by the Director of Affordable Housing of the
Department of Economic Development and Workforce Housing (the "Director"). Any
requests to modify the site plan or total number and distribution as to type of dwelling units
shall be made in accordance with the notice requirements of Section 5 I 5 of the Development
Agreement.
As of the date hereof, the applicable zoning regulations are consistent with the land use and
development contemplated in the Development Plan. If the Development Plan is modified or
amended, all changes must be approved by the Department. The Department shall make
reasonable efforts to assist Municipality andlor Developer in any proceeding, other than
judicial proceedings initiated by Municipality andlor Developer to obtain other necessary
County approvals.
C. Impairment of County Lien; Repayment of Land Development Subsidy. Municipality and
Developer covenant and agree and will require any successors, assigns and transferees to
covenant and agree, that it shall not undertake any action or activity which shall impair or
have the effect of impairing the lien of the County in the amount of the acquisition costs of
the real property comprising the Development Area to be acquired by the County as required
by the Program except as authorized under this Agreement.
The Land Development Subsidy ("LDS") for owner-occupied units, imposed upon the Project
in accordance with the Program shall be repaid when the housing unit is sold, transferred or
otherwise conveyed, or when occupancy requirements are not met, unless otherwise specified
in the Development Plan and in accordance with the Program.
D. Program requirements for the Municipality.
1. Municipality shall offer incentives, such as density bonuses, fast-track approvals, fee
waivers, andlor fmancial assistance, such as community development block grant
funds, industrial development bonds andlor tax credits, to the proposed affordable
housing development prior to the acquisition of the Development Area.
2. If the Developer is a for-profit development entity then any amount of profit realized
by the Developer must conform to New York State Affordable Housing Corporation
(or its successors') guidelines.
3. Prior to acquisition of the Development Area by the County, Municipality shall, by
resolution or other legislative act, approve the Development Agreement. The
numbers of units of affordable housing, the targeted occupants, the method of
selecting the occupants and the sales prices to be paid by the occupants are set forth
in the Development Plan.
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E. County Approval of Municipality's Agreements.
I. Municipality shall submit to the County for written approval, all final documents
and/or agreements necessary to effectuate the conveyance of the Development Area
from Municipality to the Developer at least twenty (20) business days prior to
closing.
2. All agreements between Developer and Municipality shall incorporate by reference
the Development Agreement herein, and include a provision that Developer, in
addition to Municipality, expressly assumes all obligations, tenns and conditions set
forth in this Agreement and the Development Plan.
202. Project Signs. Developer or Municipality shall, at its own cost and expense, promptly erect and
maintain a Project sign identifying the interest of the parties in lettering of such size and form as shall
be approved by the Deparnnent. The provisions of this Paragraph 202 shall survive the Closing until
Completion of Construction as described immediately below in Paragraph 203.
203. Completion of Construction. Construction of the Project shall be deemed complete when (i) a
temporary or permanent Certificate of Occupancy has been issued by the Municipality for all of the
residential units constructed on the Development Area, and (ii) the Municipality certifies in writing to
the Deparnnent that the Project meets all applicable building and fire codes and zoning restrictions and
that all the Project construction obligations of Municipality have been met ("Completion of
Construction"). Municipality may certify as to completion of portions of the Project so long as (i) and
(ii) above have been met for such portion.
204. Drawings. Upon completion of the Project, Developer and/or Municipality shall, submit to the
Department three (3) sets of "as built" surveys of the Project showing all the construction certified as
complete by Municipality. The "as built" surveys shall indicate, on its face, the locations of all
buildings, rights-of-way, utility and other easements and work as actually built and installed. Such
locations shall be shown by offset distances from permanent surface improvements such as buildings,
retaining walls or curbs and such sizes shall be shown by dimensions in feet and inches.
205 Reports. Municipality shall submit a narrative report in writing to the Director within six (6) months
after the Closing, and every three (3) months thereafter, up to the time of Completion of Construction
pursuant to Paragraph 203 above, as to the progress of the construction on the Development Area.
Each report shall also include, but not be limited to, (i) a progress report from the supervising architect
or engineer; (ii) the dates of completion and occupancy of any housing unit; (iii) the name of the
purchaser, the liber, page and date in which the instrument of conveyance was recorded in the Office of
the Suffolk County Clerk; (iv) the total household income, from all sources, of the purchaser(s), and
hislher/their family; and (v) the total purchase price of the housing unit. In addition, Municipality shall
provide a report to the Director no later than December 31" of each year of this Agreement outlining
the exact and precise use to which any such parcels have been put and the net proceeds generated by
the iuitial purchase of such affordable housing units. Said year-end report shall also state whether or
not the parcels have been utilized for affordable housing purposes and whether or not the restrictive
covenants contained in any deeds of conveyance ensuring such utilization have been adhered to.
206. Limitation on Use of Development Area. Municipality and Developer, prior to Completion of
Construction of the Project, shall not rent, license or permit temporary use of the Development Area
for purposes unrelated to the construction of the Project; provided, however, that Municipality and
Developer may enter into contracts of sale as the case may be, for the home ownership units in the
Project, as set forth in the Development Plan, prior to completion of the Project. The Project may
temporarily contain a rental or sales office and an appropriate number of model units as may be
applicable.
207. Access. Prior to the Closing, the Developer shall permit representatives, employees and agents of the
Deparnnent and Municipality to have access, at all reasonable times, to any part of the Development
s
Area for the pUll'ose of obtaining data and making various tests concerning the Development Area
necessary to cany out the provisions of this Agreement. After Closing, Municipality and Developer
shall permit the representatives of the County access to the Development Area upon prior reasonable
notice and at all reasonable times, for the purposes of this Agreement, including, but not limited to,
inspection of all work being performed in connection with the construction ofthe Project. It is agreed
by the parties hereto that "reasonable time" shall be normal working hours for construction trades in
Suffolk County. No compensation or other charge or sum shall be payable or made by any party for
access provided for in this Paragraph 207.
208. Bonds. Municipality and Developer shall provide, or require any successors, assigns, transferees or
contractors, to provide a payment bond (for labor and materials) and a performance bond, or such other
security as is acceptable to County, in such amounts as will ensure the completion of the Project. It is
further agreed that the aforementioned bonds, or other security, shall be in a form and an amount
which is acceptable to County and shall be issued by a company licensed to do business in the State of
New York.
209. Compliance with Laws. Municipality and Developer, and any successors, assigns, transferees,
contractors and subcontractors shall comply with all applicable Federal, State, and local laws, rules,
regulations, ordinances and codes including, but not limited to, zoning, building and fue codes.
2 I O. Living Wage Law
A. TItis Agreement is subject to the Living Wage Law of the County of Suffolk (Suffolk County
Local Law Chapter 347) TIte law requires that, unless specific exemptions apply, all
employers (as defined therein) under service contracts and/or recipients of County financial
assistance, (as defined therein) shall provide payment ofa minimum wage to employees in the
amount of $1 0.02 per hour with health benefits, or otherwise $11.41 per hour. Such rate shall
be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the
County of Suffolk.
B. Under the provisions of the Living Wage Law, the County shall have the authority, under
appropriate circumstances, to terminate this Agreement and to seek other remedies as set
forth therein, for violations of this law.
ARTICLE III
PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
301. Prohibition Against Transfer of Property and Assignment of Agreement Municipality represents and
agrees for itself and its successors and assigns that, except for the Permitted Sales and Permitted
Encumbrances, both as described in the Development Plan, and sale to Developer for the purpose of
performing its obligations with respect to the construction, ownership, managemen~ marketing and
operation of the Project pursuant to this Agreement, the Municipality and Developer have not made or
created, and will not prior to the completion of construction, make or create, or suffer to be made or
created, any total or partial sale, assignmen~ conveyance, mortgage or lease, except the sale of
individual residential units in the normal course of business, or any trust or power, or transfer in any
other mode or form of, or with respect to this Agreement or the Development Area or any part thereof
or any interest in the real property therein, or any contract or agreement to do any ofthe same.
302. Representation as to the Development. Municipality represents and agrees that its acquisition and the
Developer's acquisition of the Development Area, and its other undertakings pursuant to this
Agreement, are and will be used for the sole purpose of constructing, reconstructing or rehabilitating
affordable housing on the Development Area and for no other purpose inconsistent therewith.
Municipality recognizes, in view of (I) the importance of the development of the Development Area to
the general welfare of the community; and (2) the substantial financing and other public aids that have
been made available by law and by governmental entities for the purpose of making such development
6
possible, that the County is relying on Municipality and Developer for the faithful performance of all
undertakings and covenants hereby to be perfonned by Municipality and Developer.
ARTICLE IV
REACQUISITION
401. Reversion ofTitle to the County.
A. In the event that subsequent to conveyance of the Development Area, or any part thereof to
Municipality, and prior to Completion of Construction in accordance with Paragraph 203
hereof, Municipality, or successor in interest, as the case may be, shall fail to effect the
Completion of Construction within the time specified in Paragraph 201(A), unless the
Director has granted an extension in writing for good cawe shown, said extension to be no
longer than two (2) years unless approved by a duly enacted resolution of the Suffolk County
Legislature, and in accordance with the Development Plan, and if such failure is not remedied
within sixty (60) days after the Director has provided written notice of such failure, then the
County shall have the right subject to the laws of the State of New York to re-enter and talce
possession of the Development Area and to terminate and re-vest in the County the estate
conveyed to Municipality, subject to the Permitted Encumbrances as described in the
Development Plan. Notwithstanding anything to the contrary herein, if the condition giving
rise to the County's right to re-enter is such that correction or cure is impossible or
impracticable to complete within the period specified above, then Municipality shall be
obligated to commence to cure or correct the condition within such period and thereafter
diligently to prosecute the cure or correction of such condition to completion. It is the intent
of this Agreement that the conveyance of the Development Area to Municipality shall be
made upon the condition that, if any default, failure, violation, or other action or inaction by
Municipality specified in the above subdivisions of this Paragraph 401(A) is not remedied,
ended or abrogated within the period, if provided, in the manner stated in such subdivisions,
the Department, at its option may declare a termination of the title in favor of the County and,
upon the exercise of such reverter, all the rights and interest of Municipality, and any assigns
or successors in interest to and in the Development Area, except as set forth below, shall
revert to the County. Notwithstanding the above, upon the completion and sale of a residential
unit located within the Development Area, the right of reverter set forth in this paragraph shall
be extinguished as to that residential unit and the Covenants and Restrictions filed against said
unit shall control.
B. Notwithstanding the foregoing 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 any way the Permitted
Encumbrances as described in the Development Plan or the lien of any mortgage to which the
County has subordinated its lien as listed in the Development Plan. Further, upon request by
Municipality or any successor and assign, the County will deliver to Municipality and the
holder of a mortgage providing construction financing, at the time of the Closing, an
instrument in recordable fonn whereby the County's priority of rights and interests of and to
any mortgage of the County or running in favor of the County on the Development Area, or
any part thereof, are subordinated to the lien of the mortgage for construction on the
Development Area. Such subordination shall be upon such terms and conditions as are
acceptable to the County.
C. After any breach or default referred to in Paragraph 401 (A) above, any holder of a mortgage
shall, insofar as the rights of the County are concerned, have the right, at its option within an
additional sixty (60) days after the time period above provided to cure or remedy such breach
or default, or such breach or default to the extent that it relates to the part of the Development
Area covered by its mortgage, and/or to undertake or continue the completion of the Project in
7
the manner provided by this Agreement and to add the cost thereof to the mortgage debt and
the lien of its mortgage, provided, that if the breach or default is such that correction or cure is
impossible or impracticable for said holder to complete within sixty (60) days in addition to
the time to cure granted to Municipality, then said holder shall promptly commence to cure or
correct the breach or default within such sixty (60) day period, or to commence foreclosure or
other appropriate proceedings to acquire possession of the Development Area if possession is
necessary to cure the breach or default, and diligently prosecute to completion such action as
may be necessary to cure such default, subject however to the Permitted Encumbrances as
described in the Development Plan. Any such holder who shall properly complete the Project
on the Development Area or applicable part thereof shall be entitled, upon written request
made to Municipality, to a certification or certifications by Municipality to such effect in the
manner provided in this Agreement, and any such certification shall, if so requested by such
holder, mean and provide that any remedies or rights with respect to recapture of or reversion
or re-vesting of title to the Development Area that the County shall have or be entitled to
because of failure of Municipality or any successor in interest to the Development Area, or
because of any other default in or breach of the Agreement by the Municipality or such
successor, shall not apply to the part or parcels of the Development Area to which such
certification relates.
D. A copy of any notice to Municipality by the County pursuant to Paragraph 401(A) shall be
simultaneously sent to the holders of mortgages that have been designated as having the right
to receive such notice and the right to cure defaults under the Deed or this Agreement, at the
address of such holders as shall have been furnished to the County, and no such notice to the
Municipality shall be effective as against such holder unless such notice is also given to the
designated holders as provided herein. No more than two (2) holders will have the right to
receive notice and the right to cure defaults under this Agreement. All holders must jointly, in
a letter to be delivered to the Department at the Closing designate the two holders for such
purposes.
E. If title to the Development Area, or any part thereof, is re-vested in the County and the
Department determines to re-sell its interest in the Development Area, the proceeds from the
sale of such interest, if any, shall be retained by County. Municipality hereby agrees that any
surplus money paid into a court as the result of any foreclosure of any lien on any portion of
the Development Area prior to completion of construction for that portion are hereby assigned
to County. Municipality further agrees to execute any instrument needed for recording to
effectuate such assignment.
ARTICLE V
GENERAL PROVISIONS
501. Non-Discrintination. Municipality covenants and agrees, for and on behalf of itself, its successors and
assigns, and every successor in interest to the Development Area, or any part thereof, including
Developer, to be bound by the following covenants, which shall be binding for the benefit of the County
and enforceable by the County against Municipality, its successors and assigns and/or Developer to the
fullest extent permitted by law and equity:
A. Non-Discrintination in Employment and Affirmative Action. Municipality agrees in connection
with the performance of this Agreement that Municipality its successors and assigns, including
Developer and any lessees of the Development Area shall not discrintinate against employees or
applicants for employment because of race, creed, color, national origin, sex age, disability,
sexual orientation, ntilitary status or marital status, and will undertake or continue existing
programs of affirmative action to ensure that women and ntinority group members are afforded
equal employment opportunities without discrintination. Affumative action shall mean
8
recruitment, employment, job assignment, promotion upgrading, demotion, transfer, layoff, or
termination and rates of pay or other forms of compensation.
B. Non-Discrimination in Services. Municipality, its successors and assigns including Developer,
and any lessees of the Development Area or any improvements erected, or to be erected
thereon, or any part thereof, shall not effect or execute any agreement, lease, conveyance, or
other instrument whereby the sale, lease, or occupancy of the Development Area or any
improvements erected or to be erected thereon, or any part thereof, nor utilize criteria or
methods of administration which have the effect of subjecting individuals to discrimination
because of their race, creed, color, national origin, sex, age, disability, sexual orientation,
military status, or marital status or bave the effect of defeating or substantially impairing
accomplishment of the objectives of the program in respect to individuals of a particular race,
creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital
status. Further, during the performance of this Agreement:
1. Municipality shall not, on the grounds ofrace, creed, color, national origin, sex, age
disability, sexual orientation, military status or marital status:
a. Deny any individual any services or other benefits provided pursuant to this
Agreement; or
b. provide any services or other benefits to an individual that are different, or are
provided in a different manner, from those provided to others pursuant to this
Agreement; or
c. subject an individual to segregation or separate treatment in any matter
related to the individual's receipt of any service( s) or other benefits provided
pursuant to this Agreement; or
d. restrict an individual in any way in the enjoyment of any advantage or
privilege enjoyed by others receiving any services or other benefits provided
pursuant to this Agreement; or
e. treat an individual differently from any other members of a class of
individuals in determining whether or not the individual satisfies any
eligibility or other requirements or condition which individuals must meet in
order to receive any aid, care, service( s) or other benefits provided pursuant
to this Agreement.
2. Municipality shall not utilize criteria or methods of administration which have the
effect of subjecting individuals to discrimination because of their race, creed, color,
national origin, sex, age, disability, sexual orientation, military status or marital status,
or have the effect of defeating or substantially impairing accomplishment of the
objectives of this Agreement in respect to individuals ofa particular race, creed, color,
national origin, sex, age, disability, sexual orientation, military status or marital status
in determining:
a. the types ofservice(s) or other benefits to be provided; or
b. the class of individuals to whom, or the situations in which, such service(s) or
other benefits will be provided; or
c. the class of individuals to be afforded an opportunity to receive service(s).
C. Municipality, its successors and assigns, including the Developer, and any lessees of the
Development Area or any improvements erected or to be erected thereon, or any part thereof,
shall include the covenants of Paragraphs SOI(A) and (B) in any agreement, lease, conveyance,
or other instrument with respect to the sale, lease, or occupancy of the Development Area or
any improvements erected or to be erected thereon, or any part thereof, prior to completion of
construction, or as to a Unit, Completion of the Unit.
9
D. Municipality agrees that compliance with this Paragraph SO 1 constitutes a material term of this
Agreement, and that it is binding upon the Municipality, its successors, transferees, and
assignees including Developer, for the period of this Agreement. The Municipality also
understands that the County may, at its discretion, seek a court order requiring compliance with
the terms of this Paragraph 50 I or seek other appropriate judicial relief.
502. Gratuities and Disclosure Statement.
A. Gratuities. Municipality represents and warrants, and shall require its successors and assigns
including Developer to represent and warrant, that it has not offered or given any gratuity to
any official, employee or agent of Suffolk County or New York State or of any political party,
with the purpose or intent of securing an agreement or securing favorable treatment with
respect to the awarding or amending of an agreement or the making of any detenninations
with respect to the performance of an agreement, and that the signer of this Agreement has
read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County
(Chapter 386 ofthe Suffolk County Code).
B. Disclosure Statement. Municipality represents and warrants, and shall require its successors
and assigns including Developer, to represent and warrant, that, unless exempt, they have
filed with the Comptroller of Suffolk County the verified public disclosure statement required
by Suffolk County Administrative Code A5-7 and shall file an update of such statement with
the said Comptroller on or before the 31st day of January in each year of this Agreement's
duration. Municipality acknowledges that such filing is a material, contractual and statutory
duty and that the failure to file such statement shall constitute a material breach of this
Agreement, for which the County shall be entitled, upon a detennination that such breach has
occurred, to damages, in addition to other legal remedies, of fifteen percent (15%) of the
amount of the Agreement
503. Conflicts ofInterest.
A. Municipality agrees that it will not, during the term of this Agreement engage in any activity
that is contrary to and/or in conflict with the goals and purposes of the County.
B. Municipality may not simultaneously represent other clients in matters or proceedings adverse
to the County or its agencies without the prior written approval of the County. The
representation of any individual in a dispute concerning the legal relationship between the
individual and the County or its agencies would also create a conflict that will require
disqualification.
C. Municipality is charged with the duty to disclose to the County the existence of any such
adverse interests, whether existing or potential. This duty shall continue so long as the term
of this Agreement. The determination as to whether or when a conflict exists or may
potentially exist shall ultimately be made by the County Attorney after full disclosure is
obtained.
504. Confidentiality. Any records, reports or other documents of the County or any of its agencies used by
Municipality and/or Developer pursuant to this Agreement or any documents created as a part of this
Agreement shall remain the property of the County and shall be kept confidential in accordance with
applicable laws, rules and regulations.
505. Prohibition Against Contracting with Corporations that Reincorporate Overseas. Municipality and
Developer each represent that they are in compliance with Suffolk County Administrative Code ~~ A4-
13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law to Amend
Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That
Reincorporate Overseas." Such law provides that no contract for consulting services or goods and
10
services shall be awarded by the County to a business previously incorporated within the U.S.A. that
has reincorporated outside the U.S.A.
506. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003.
Municipality and Developer represent and warrant that they have read and are familiar with the
requirements of Chapter 466, Article I of the Suffolk County Laws, "Use of County Resources to
Interfere with Collective Bargaining Activities." Municipality and Developer shall comply with the
requirements of Local Law No. 26-2003
507. Certification as to Relationships. Pursuant to Suffolk County Code Chapter 143, Article II and Suffolk
County Code ~ l43-6(B) specifically, the parties to this Agreement hereby certify that, other than the
funds provided in this Agreement and other valid Agreements with the County, there is no known
relationship within the third degree of consanguinity, life partner, or business, commercial economic or
financial relationship between the parties, the signatories to this Agreement, and any partners,
members, directors, or shareholders of five (5%) percent or more of any party to this Agreement.
508. Use of Funds in Prosecution of Civil Actions Prohibited. Pursuant to the Suffolk County Code ~ 590-3,
Municipality represents that they shall not use any of the moneys received under this Agreement, either
directly or indirectly, in connection with the prosecution of any civil action against the County of
Suffolk or any of its programs funded by the County, in part or in whole, in any jurisdiction or any
judicial or administrative forum.
509. Suffolk County Local Laws. Suffolk County Local Laws, Rules and Regulations can be found on the
Suffolk County website at www.co.suffolk<http://www.co.suffolk.ny.us>.Click on "Laws of Suffolk
County" under "Suffolk County Links".
510. Survival. None of the provisions of this Agreement are intended to or shall be merged by reason of
any deed transferring title to the Development Area from the County to Municipality or any successor
in interest including Developer, and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement, all of which shall survive the delivery of the deed.
51 I. Binding Effect. This Agreement shall inure to the benefit of and be binding upon any successor or
assign of any party hereto, but this provision shall not operate to permit any assignment or other
voluntary transfer of any rights created hereunder except in such manner as may be expressly
permitted by this Agreement.
512. Execution of Documents.
A. This Agreement may be executed in any number of counterparts and each of such
counterparts shall for all purposes be deemed to be an original; and all such counterparts shall
together constitute but one and the same Agreement.
B. I. Subsequent to the full execution of this Agreement, the Comntissioner of Department or the
Director of Affordable Housing may execute on behalf of County such agreements,
documents or instruments as are necessary or desirable to accomplish the purposes of the
Project.
2. Subsequent to the full execution of this Agreement, the Chief Executive Officer may
execute on behalf of Municipality such agreements, documents or instruments as are
necessary or desirable to accomplish the purposes of the Project.
5\3. County Employees. No official or employee of the County shall have any personal interest, direct or
indirect, in this Agreement nor shall any such member, official or employee participate in any decision
relating to this Agreement or any agreement arising out of or through this Agreement which affects his
or her personal interest or the interest of any corporation, partnership or association in which he or she
11
is directly or indirectly interested. No person hired by Municipality shall be considered employees of
the County for any purpose whatsoever.
514. Headings. Any headings or titles of the several parts, Articles, Paragraphs, Subparagraphs and
Sections of this Agreement are for convenience only and shall be disregarded in construing or
interpreting any of its provisions.
515. Notices. Any communication, notice, claim for paymen~ report or other submission, including but not
limited to, submissions regarding insurance, indemnification and/or termination, necessary or required
to be made by the parties regarding this Agreement shall be in writing and shall be given to the parties
or their designated representative at the following addresses or at such other address that may be
specified in writing by the parties and must be delivered as follows:
A. Notices Relating to Payments, Reports, or Other Submissions:
For the COUN1Y and the DEPARTMENT:
By Registered or Certified Mail in Postpaid Envelope or by Nationally
Recognized Courier Service, return receipt requested
Suffolk County Department of Economic Development and Workforce Housing
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Attention: Marian Zucker, Director of Affordable Housing
and
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788
Attention: Christine Malafi, County Attorney
FOR MUNICIPALITY:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service, return receipt requested
Town of South old
53095 Route 25
Southold, New York 11971
Attention: Scott A. Russell, Supervisor
and Patricia Finnegan, Town attorney
FOR DEVELOPER:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service, return receipt requested
CDCLI Housing Development Fund Corporation.
2100 Middle Country Road, Suite 300
Centereach, New York 11720-3576
Attn: Marianne Garvin, President
and
Wickham, Bressler, Gordon & Geasa, P.e.
Alln: Abigail A. Wickham, Esq.
12
,
130 I 5 Main Road
P.O. Box 1424
Mattituck, New York 11952
FOR CONSTRUCTION MORTGAGE HOLDERS:
By Registered or Certified Mail in Postpaid Envelope by
Nationally Recognized Courier Service, return receipt requested
State Bank of Long Island
Two Jericho Plaza
Jericho, New York 11753
Attention: Michael O'Leary, First Vice President
and
Lamb & Bamosky, LLP
534 Broadhollow Road
Melville, New York 11747
Attention: Michael Heller, Esq.
B. Notices Relating to Litigation.
I. Any notice by any party to another with respect to the commencement of any lawsuit or legal
proceeding against the other, shall be effected pursuant to and governed by the New York
State Civil Practice Law and Rules or the Federal Rules of Civil Procedure, as applicable.
2. In the event Municipality or Developer receives a notice or claim or becomes a party
(plaintiff, petitioner, defendant, respondent, third party complainan~ third party defendant) to
a lawsuit or any legal proceeding related to this Agreemen~ the Municipality andlor
Developer shall immediately forward to the County Attorney, at the addresses set forth in sub.
paragraph A above, copies of all papers filed by or against the Municipality andlor Developer.
Notices shall be as provided in paragraph A above.
The notice shall also be in accordance with Section 40 I above.
Each party shall give prompt written notice to the other party of the appointment of
successor(s) to the designated contact person(s) or in the event of a change of address or
contact, which such address or contact shall thereafter be the address or contact to which
notices are sent.
516. No Implied Waiver. No waiver shall be inferred from any failure or forbearance of the County to
enforce any provision of this Agreement in any particular instance or instances, but the same shall
otherwise remain in full force and effect notwithstanding any such failure or forbearance.
517. Entire Agreement. 1ms Agreement contains the entire understanding between the parties and may not
be amended or modified except by an instrument in writing duly executed by all of the parties hereto.
518. Severability. It is expressly agreed that if any term or provision of this Agreement, or the application
thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the
remainder of this Agreement, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every
other term and provision of this Agreement shall be valid and shan be enforced to the fullest extent
permitted by law.
13
.'
519. Provisions Required by Law Deemed Inserted. Each and every provision oflaw and governmental
regulation required by law to be insened in this Agreement shall be deemed to be insened herein and
this Agreement shall read and shall be enforced as though so included herein. If through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of
either party, this Agreement shall be deemed to be amended to make such insertion or correction so as
to comply strictly with the law and without prejudice to the rights of either party hereunder.
520. Unlawful Provisions Deemed Stricken. If this Agreement contains any unlawful provision not an
essential part of this Agreement and which shall not appear to have been a controlling or IIl8terial
inducement to the making thereof, the same shall be deemed of no effect and shall, upon notice by
either party, be deemed stricken from this Agreement without affecting the binding force of the
remainder.
521. Claims and Actions.
A. No Claims and Action Officers, Agents or Employees. No claim whatsoever shall be made
by Municipality, its successors or assigns, or by Developer against any officer, agent or
employee of the County for, or on account of, anything done or omitted to be done in
connection with this Agreement.
B. Cooperation. If any action is brought against the County, and the action relates in any way to
this Agreement or the Development Area and the County and the Municipality are not adverse
parties in that action, then the Municipality shall diligently render to the County without
additional Compensation, any and all assistance which the County may require.
C. Reports of Actions. Municipality and Developer shall repon to the County in writing within
ten (10) days of the initiation by or against it ofany legal action or proceeding in connection
with or relating to this Agreement or the Development Area.
D. All Rights Reserved. Each and every defense, right and remedy that the County has under
this Agreement is not exclusive and is in addition to and concurrent with all other defenses,
~~=~~~~~~~~~~~b~
otherwise has, will have, or may have under law, equity or otherwise.
E. Insurance and Indemnification.
1. Prior to commencement of any work hereunder, Municipality agrees to procure, pay
the entire premium for, and maintain throughout the term of this Agreement,
insurance in amounts and types specified by the County and as may be mandated and
increased from time to time. Municipality agrees to require that all of its
subcontractors, the Developer and the Developer's subcontractors, in connection
with work performed for the Municipality and/or Developer related to this
Agreement, procure, pay the entire premium for and maintain throughout the term of
this Agreement, insurance in amounts and types equal to that specified by the County
for the Municipality. Unless otherwise specified by the County and agreed to by
Municipality and Developer in writing, such insurance shall be as follows:
a. Commercial General Liability Insurance, including contractual
liability coverage, in an amount not less than Two Million Dollars
($2,000,000.00) per occurrence for bodily injury and Two Million
Dollars ($2,000,000.00) per occurrence for property damage.
b. Automobile Liability Insurance (if any vehicles are used in the
performance of this Agreement) in an amount not less than Five
Hundred Thousand Dollars ($500,000.00) per person, per accident,
14
r
for bodily injury and not less than One Hundred Thousand Dollars
($ J 00,000.00) for property damage per occurrence.
c. Workers' Compensation And Employer's Liability Insurance in
compliance with all applicable New York State laws and
regulations and Disability Benefits Insurance if required by law.
Municipality shall furnish to the County, prior to its execution of
this Agreement the documentation required by the State of New
York Workers' Compensation Board of coverage or exemption
from coverage pursuant to ~~ 57 and 220 of the Workers'
Compensation Law. In accordance with General Municipal Law ~
J 08, this Agreement shall be void and of no effect unless
Municipality, its successors, assigns, contractors or subcontractors,
including Developer, shall provide and maintain coverage during
the term of this Agreement for the benefit of such employees as are
required to be covered by the provisions of the Workers'
Compensation Law.
2. All policies shall be issued by insurance companies with an A.M. Best rating of A. or
better which are licensed to do business in the State of New York. Municipality and
Developer shall furnish to County, Declaration Pages for each such policy of insurance,
and upon request, a true and certified original copy of each such policy, evidencing
compliance with the aforesaid insurance requirements. With regard to commercial
general liability insurance and automobile liability insurance, the County of Suffolk shall
be named as an additional insured and Municipality and Developer shall furnish a
Declaration Page and endorsement page evidencing the County's status as an additional
insured on said policy. All such Declaration Pages, certificates or other evidence of
insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days
prior to any cancellation, non-renewal or material change in said policies. Such
Declaration Pages, certificates, policies and/or other evidence of insurance and notices
shall be mailed to the Department at its address as set forth in this Agreement in the
paragraph entitled "Notices" at paragraph 508, or at such other address of which the
County shall have given the Municipality and Developer notice in writing. If
Municipality has a self.insurance program under which it acts as a self-insurer for any of
such required coverage, it may provide self-funded coverage and certificates or other
evidence of such self-insurance in lieu of insurance issued by insurance companies.
Municipality shall also require its successors, assigns, contractors and subcontractors
including Developer, to provide insurance coverage's in like amounts and quality and
naming the County of Suffolk as an additional insured.
3. In the event Municipality, its successors, assigns, contractors, subcontractors, and/or the
Developer, shall fail to provide the Declaration Pages or certificates of insurance or to
maintain any insurance required by this Agreement, the County may, but shall not be
required to, obtain such policies and deduct the cost thereof from payments due
Municipality and/or Developer under this Agreement or any other agreement between the
County and the Municipality and/or Developer.
4. Furthermore, Municipality agrees that it shall protec~ indelJUlify and hold hannless the
County, its officers, officials, employees, contractors, agents and other persons from and
against all liabilities, fines, penalties, actions, damages, claims, demands, judgments,
losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the
acts or omissions or the negligence of the Municipality in connection with the services
described or referred to in this Agreement. Municipality shall defend the County and its
officers, officials, employees, contractors agents and other persons in any suit, including
appeals, or at the County's option, pay reasonable attomey's fees for defense of any such
suit arising out of the acts or omissions or negligence of Municipality, its officers,
15
,.
officials, employees, subcontractors or agents and/or Developer, if any, in connection
with the services described or referred to in this Agreement. Municipality shall also
require its successors, assigns and transferees including Developer, to defend, indemnify
and hold harmless County from same.
F. Choice of Law and Consent to Jurisdiction and Venue. This Agreement shall be governed by
and construed in accordance with the laws of the State of New York without regard to conflict
of law provisions. Venue shall be designated as Suffolk County, New York or the United
States District Court for the Eastern District of New Yode.
G. Cooperation on Claims. Each of the parties hereto agrees to render diligently to the other
party, without additional compensation, any and all cooperation, that may be required to
defend the other party, its employees and designated representatives against any claim,
demand or action that may be brought against the other party, its employees or designated
representatives in connection with this Agreement.
522. Merger. It is expressly agreed that this Agreement represents the entire agreement of the parties, that
all previous understandings are merged in this Agreement. No modification of this Agreement shall be
valid unless written in the form of an Amendment and executed by both parties. Any and all prior
writings, or agreements including, without limitation, oral communications, discussions, negotiations,
commitments and understandings relating thereto, are hereby merged herein and superseded hereby.
523. No Commission. No brokerage or any other fee or compensation shall be due or payable by the
County for this transaction.
524. Arrears. Municipality warrants that it is not in arrears to County upon debt or contract and are not in
default as surety, contractor or otherwise on any obligation to or contract with the County.
525. Withholding of Funds and Set-Off Rights. The County shall have all of its common law, equitable, and
statutory rights of set-off. These rights shall include, but not be limited to, the County's option to
withhold, for the purposes of set-off, any moneys due to Municipality and/or Developer under this
Agreement up to any amounts due and owing to the County with regard to this Agreement and/or any
other contract with any County department or agency, including any contract for a term commencing
prior to the term of this Agreement, plus any amounts due and owing to the County for any other
reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties
relative thereto. The County shall exercise its set-off rights in accordance with normal County
practices including, in cases of set-offpursuantto an audit, the finalization of such audit by the County
agency, its representatives, or the County Comptroller, and only after legal consultation with the
County Attomey.
16
. "
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the )S;1h- day of LXc......~.,?
December. 2006
COUNTY OF SUFFOLK
(fcJJ.J P..fub,~
By: PAULA. SABATINO,II
Chief Deputy County Executive
/?-llSI?.:.;:.(:.
CDCLI HOUSING DEVELOPMENT
FUND CORPORATION
{&yo
APPROVED AS TO LEGALITY:
CHRISTINE MALAFI
Suffolk County Attorney
,~(J,~
By: Michael A. Amoroso
Bureau Chief
Real Estate/Condemnation
17
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK)
On the L/#- day of December in the year 2006 before me, the undersigned, personally
appeared SCOll A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
,1
a <.- '/c.../
Signature and Office"oflndividua
Taking Acknowledgment
ST TE OF NEw YORK) LINDA J COOPER
A NOTARY PUBLIC. State of New York
) sS.: NO. 01CO~622563, Suffolk Cou1l>
COUNTY OF SUFFOLK) Term Expires December 31, 20_
.--
On the /!5 day of December in the year 2006 before me, the undersigned, personally
appeared Marianne Garvin, personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her capacity, and that by her signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument. ...,
~~ ~i'\.f?.--
Signa and Office ofIndividual
Taking Acknowledgment
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK)
On the r.J~ day of December in the year 2006 before me, the undersigned, personally
appeared Paul Sabatino II, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscn'bed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individua~ or the person
upon behalf of which the individual acted, executed the instrument.
JEANETTE PERR"
Notary Public, State of New Yolk
No. 4947609
Qualified in Suffolk County
Commission Expires February 27, 2007
AMY C [~4GEL
Notary Publit:., -,-:,:,:,;_~ of New York
No.Ot [\""'.129006
Qualified j;-, r;lJ(folk County,,,
Comnission Expir~ November 27,20-tV
18
SCHEDULE A
LEGAL DESCRIPTION
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EXHIBIT A
SCHEDULE"A"
ALL that certain plot, piece or parcel of land, with buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and State of
New York, currently identified as Suffolk County Tax Map No. 1000-122.00-02.00- plo
023.001, which will consist of22 lots on the subdivision map approved by the Southold
Town Planning Board and Suffolk County Department of Health Services and filed in the
Suffolk County Clerk's Office, and excepting therefrom the roads, subdivision
improvements and other areas to be dedicated to the Town of Southold" subject to a full
metes and bounds description subsequent to and in accordance with an up-to-date survey
guaranteed to the County of Suffolk.
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19
DEVELOPMENT PLAN
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EXHIBIT B
20
"
DEVELOPMENT PLAN
COTTAGES AT MATTITUCK, TOWN OF SOUTHOLD
Introduction
Defined terms not otherwise defined herein shall have the meanings set forth in
the Development Agreement.
Municipality:
Town of South old
Attn: Phillip Beltz, Special Projects Coordinator
P.O. Box 85
Mattituck, NY 11952
Project Address:
North side of Long Island Rail Road tracks, West of
Factory Avenue, South of Sound Avenue in the
Hamlet of Mattituck.
Site Description:
The entire site is comprised of 7.4 acres and will
contain 22 homeowner units. Suffolk County
("County"), pursuant to this Development Plan, will
purchase the site for workforce housing purposes.
Owner:
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 description - Exhibit A.
CDCLI Housing Development Fund Corporation
Attn: Marianne Garvin, President
2100 Middle Country Road
Suite 300
Centereach, NY 11720-3576
Suffolk County Tax
Map Numbers:
1000-122.00-02.00-023.001 - {subject to change
after lot is subdivided}
Land Purchase:
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.
Project Description:
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 1
.
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
tile in the bathrooms.
Land Subsidy (LOS):
$40,681.82 per unit.
LOS Repayment:
Forgiven after 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
11 2 BR
Purchase Price
$175,900
$218,400
The Town will certify to the County at initial
occupancy that it has met such requirements.
Homeownership
Occupancy Requirement:
Workforce Housing Units must be owner occupied
and remain the principal residence of the owner.
The homeowner must repay the LOS as set forth
below. The LOS 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 LOS to be repaid is equal to the
original amount of the LOS.
Page 2
..
Income Eligibility:
Homeowner Selection Process:
Funding Sources:
Permitted Conveyances:
Permitted Encumbrances:
Homeowners must not exceed the following income
limits, based on family size, at the time of initial
occupancy:
11 units (see Exhibit B)
up to 80% of
Nassau/Suffolk 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 sources
participate and require more restrictive income
limits, they will prevail.
The Town will certify to the County at initial
occupancy that it has met such requirements.
See Exhibit C
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 acquisition costs.
3. $385,000 grant of HOME funds.
Sales of individual Workforce Housing Units/Lots.
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 its conveyance to the
respective individual purchaser(s), and subject to
releases of mortgage Iien(s) covering each such lot,
first priority mortgage lien in favor of the permanent
Page 3
.
residential mortgage lender; second priority
mortgage lien status to be held equally between the
County, in an amount equal to the LOS on a per
unit basis as defined above, and the mortgage lien
in favor of AHC; third priority mortgage lien in favor
of County of Suffolk Community Development
Office.
Development Team
Members:
Builder: Island Estates East, LLC
Supervising 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.
.-r'-__...",.,
Page 4
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.
Exhibit B
(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. These units will be sold at a purchase price to the buyer, net of
subsidies, $175,900. The Suffolk County Land Development Subsidy for each of these
units will be $40,681.82. .
(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 Suffolk. These units will be sold at a purchase price to the
buyer, net of subsidies, $218,400. The Suffolk County Land Development Subsidy for
each of these units will be $40,681.82.
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EXHIBIT C
Marketing Plan for Cottages at Mattituck
Preliminary Outreacb
CDC of Long Island commenced preliminary marketing and outreach activities for the
Cottages at Mattituck during December 2005 through February 2006. The Town of
Southold had previously conducted localized outreach (with advertising and a workshop)
to attract applicants to its Housing Registry for affordable housing, and had 130
prospective purchasers on their registry list as of December 2005.
CDC mailed flyers to the people on this list, and neighbors to the site, placed an
advertisement in the local newspaper and held an open house to provide generalized
information to the public about the proposed development. Representatives of CDC of
Long Island also met with several stakeholders groups within the town, to spread the
word about the upcoming development. This included contact with Southold Housing
Office, elected officials, local churches, Mattituck Volunteer Fire Department, Mattituck
Public Library, Mattituck Chamber of Commerce, Mattituck/Cutchogue School District,
Mattituck Stakeholders Group, and Southold Housing Advisory Commission.
Through this outreach, we identified many families who are in need of the affordable
housing opportunity to be provided by the Cottages at Mattituck. These are primarily
young singles and families, with heads of households in their twenties and thirties. Mosi
have no children, though a few have one or two. They are working people (construction
trades, transportation workers, health and human services workers, retail workers,
teachers, bank employees, municipal employees, etc.), with incomes within eligible
ranges.
Affirmative Marketing
CDC of Long Island will advertise availability of these units broadly, and is dedicated to
afflI'lll.atively marketing the Cottages at Mattituck. Our marketing will comply with all
applicable laws regarding equal opportunity and fair housing. An advertisement will be
placed in Newsday, an island-wide, paper of general circulation, and local newspapers,
The Independent, and Suffolk Times, during the Spring of 2006. The advertisement will
provide information on the Cottages at Mattituck, will note Town preferences, and will
invite applicants to register with the Town of Southold Housing Registry. After an
advertised deadline, all applicants on the Housing Registry will be mailed an application
for the Cottages at Mattituck. Two open house sessions will be held at the Human
Resource Center in Mattituck for the purpose of assisting people with completing the
application.
Housing Education and Counseling! Mortgage Pre-approval
All households who complete the application for the Cottages at Mattituck will be offered
the housing education services ofCDC's HomeOwnership Center. Applicants can attend
classes at the Human Resource Center in Mattituck or at one of CDC's two
Homeownership Centers. This will give applicants the maximum opportunity to
participate in educational services. Counseling will be provided to assist applicants to
clear up credit issues, to encourage savings, and to assist each household to become
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EXHIBIT C
mortgageable. Receipt of a mortgage pre-approval by the applicant wiII be required in
order to be entered in to the lottery.
Applicants must secure a mortgage pre-approval from a lender of their choice. As an
additional service, CDC's non-profit mortgage brokerage wiII conduct pre-approval at no
cost to the applicant.
Lottery
Selection of homebuyers will be conducted by lottery. All applicants who have
completed Home Buyer Education and submitted a mortgage pre-approval will be
eligible for the lottery. The lottery will be held during the fall of 2006. Eligible
applicants will be offered the opportunity to purchase a home in accordance with their
place on the lottery list. Each applicant's name wiII be entered into a bound book which
will become a permanent record of each applicant's lottery number.
Local PreCerence
All applications will be divided into four categories, which are the Town of Southold's
Local Preference priorities, as delineated in the Affordable Housing District zoning
ordinance, as follows:
· Priority 1: Applicants who live and work in the Town
· Priority 2: Applicants who live in the Town and work outside the Town
· Priority 3: Applicants who work in the Town and live outside the Town
· Priority 4: Applicants who used to live in the Town & wish to return
· Priority 5: All Other Applicants
Applicants will be drawn at random, from each of the priority categories, in the order
listed above, and assigned an overall lottery number.
Income Targeting
In addition to the Local Preference, the Cottages at Mattituck has been designed with
income targeting, so that 11 of the units will be sold to households with incomes below
80% of area median, and 11 will be sold to households with incomes up to 100% of area
median. Accordingly, the first II participants in the lottery who meet each of these
income criteria wiII be selected to proceed to contract.
Contracts oC Sale! Allocation oC Subsidies
COC of Long Island staff will evaluate closing costs and down payment funds available
to each participant. Applicants will certify the accuracy of their asset and income
documentation, and sign credit release statements for verification of credit-worthiness.
Staff will also evaluate and certify each applicant's eligibility for the various layers of
subsidy, from government and private sources for which they may be eligible, and create
an individualized home-buying profile for each buyer. The Contract of Sale entered into
between CDC and the buyer will identify the availability of AHC subsidy, and other
sources of subsidy.
MORTGAGE
EXHIBIT C
o 7379
[Space Above This Line For Recording Data]
MORTGAGE
WORDS USED OFTEN IN THIS DOCUMENT
(A) "Development Agreement" shall mean the agreement between the Town of Southold, the
County of Suffolk and CDCLI Housing Development Fund Corporation dated December 15,
2006 and incorporated herein by reference.
(B) "Indenture" shall mean the deed executed by the County of Suffolk on the 8th day of
February, 2007, transferring the Property, as that term is defined below, to the Town of South old
containing certain terms, conditions, covenants and/or restrictions and rights of reversion therein.
(C) "Person" shall mean any person, organization, governmental authority or other party.
(D) "Project" shall have the same meaning assigned to it in the Development Agreement.
(E) "Sale Unit" shall mean the individual units built as part of the Project which will be sold to
qualifying purchasers.
(F) "Security Instrument" and "mortgage" shall mean this document dated February 8,2007.
THIS MORTGAGE, made this 8th day of February, in the year 2007
BETWEEN the Town of Southold, a municipal corporation which exists under the laws of the
State of New York, with an address at 53095 Route 25, Southold, New York 11971, the
"mortgagor," also referred to herein as "I" or "me," and
The County of Suffolk, a municipal corporation which exists under the laws of the State of New
York, with an address at the Department of Economic Development and Workforce Housing,
100 Veterans Memorial Highway, Hauppauge, New York 11788, the "mortgagee."
WITNESSETH, that to secure the payment of indebtedness in the sum of EIGHT HUNDRED
NINETY-FIVE THOUSAND and 00/100 DOLLARS ($ 895,000.00),
lawful money of the United States, to be paid by mortgagor on such date as the terms and
conditions, covenants and/or restrictions set forth in the Indenture, Development Agreement and
note bearing even date herewith ("Note"), the mortgagor hereby mortgages to the mortgagee
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of South old, County of Suffolk and State of New
York as more particularly described in Schedule A attached hereto, hereinafter referred to as the
"Property. "
TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the
streets and roads in front of and adjoining the Property;
TOGETHER with all buildings and other improvements, fixtures, chattels and articles of
personal property now or hereafter built, attached to or used in connection with the Property,
including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers,
plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs,
sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators,
motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other
equipment and machinery, appliances, fittings and fixtures of every kind in or used in the
operation of the buildings standing on the Property, together with any and all replacements
thereof and additions thereto;
TOGETHER with all insurance proceeds to which the mortgagee is entitled pursuant to
paragraph 10 of this mortgage;
MORTGAGOR'S RIGHT TO MORTGAGE THE PROPERTY AND MORTGAGOR'S
OBLIGA nON TO DEFEND OWNERSHIP OF THE PROPERTY
I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and
convey the Property to mortgagee pursuant to Resolution No.2007-150 dated January 30,2007;
(C) there are no outstanding claims or charges against the Property, except for those which are of
public record; D) the consummation of the transaction contemplated herein and performance of
the obligations under the Note, Security Instrument, Indenture and Development Agreement and
all other documents executed by the mortgagor, its successors and/or assigns in connection with
this Security Instrument have not and will not result in any breach of, or constitute a default
under, any mortgage, deed of trust, lease, bank loan or credit agreement, corporate charter,
bylaws or other instrument to which the mortgagor, its successors and/or assigns is a party or by
which mortgagor, its successors and/or assigns may be bound or affected; and (E) the
$895,000.00 Loan documents and documents executed in connection with, and evidencing the
$895,000.00 loan and any other loan effecting the Property are unmodified except as approved
by mortgagee, are in full force and effect and there exist no defaults thereunder and all
conditions to the effectiveness and continuing effectiveness thereof required to be satisfied as of
the date hereof have been satisfied.
Mortgagor gives a general warranty of title to mortgagee. The mortgagor is fully responsible for
any losses which mortgagee suffers because mortgagor, its successors and/or assigns, or
someone other than mortgagor has some or all of the rights in the Property which mortgagor
promises that it has. Mortgagor promises that it will defend its ownership of the Property against
any claims of such rights and shall require all of its successors and/or assigns to defend against
any claims of such rights.
AND the mortgagor covenants with the mortgagee as follows:
1. INDEBTEDNESS: That the mortgagor will pay the indebtedness as hereinbefore provided.
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2. DEMOLITION: That no building on the Property shall be altered, removed or demolished
without the consent of the mortgagee.
3. APPOINTMENT OF RECEIVER: That the holder of this mortgage, in any action to
foreclose it, shall be entitled to the appointment of a receiver.
4. WRITTEN STATEMENT: That the mortgagor, within (10) days upon request by mail,
shall furnish a written statement duly acknowledged of the amount due on this mortgage
and whether any offsets or defenses exist against the mortgage debt.
5. MONTHLY PAYMENTS FOR TAXES AND INSURANCE: At the mortgagee's
request and upon thirty (30) days written notice, 1 will provide mortgagee with proof of
payment for the taxes, assessments, water frontage charges and other similar charges, sewer
rents, leasehold payments or ground rents (if any), hazard or property insurance covering
the Property, flood insurance (if any) and, if mortgagee required mortgage insurance as a
condition of making the loan, mortgage insurance. The 30-day period shall begin when the
notice is delivered. If, at any time, mortgagee has not received sufficient proof of payment
of the items specified in this paragraph, the mortgagee is authorized to make payment on
mortgagor's behalf and such payment, in addition to reasonable costs and expenses of
mortgagee in making such payment shall be included in the sums secured by this Security
Instrument.
6. FORECLOSURE: That in case of a foreclosure sale, the Property, or so much thereof as
may be affected by this mortgage, may be sold in one parcel.
7. LEGAL ACTIONS AFFECTING MORTGAGEE: That if any action or proceeding be
commenced (except an action to foreclose this mortgage or to collect the debt secured
thereby), to which action or proceeding the mortgagee is made a party, or in which it
becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the
mortgagee for the expense of any litigation to prosecute or defend the rights and lien created
by this mortgage (including rea.sonable counsel fees), shall be paid by the mortgagor, and
any such sum and the interest thereon shall be a lien on the Property, prior to any right, or
title to, interest in or claim upon the Property attaching or accruing subsequent to the lien of
this mortgage, and shall be deemed to be secured by this mortgage. In any action or
proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the
provisions of law respecting the recovering of costs, disbursements and allowances shall
prevail unaffected by this covenant.
8. RENTS, ISSUES AND PROFITS: That the mortgagor hereby assigns to the mortgagee
and the mortgagee hereby accepts from the mortgagor, the rents, issues and profits of the
Property as further security for the payment of said indebtedness, and the mortgagor grants
to the mortgagee the right to enter upon and to take possession of the Property for the
purpose of collecting the same and to let the Property or any part thereof, and to apply the
rents, issues and profits, after payment of all necessary charges and expenses, on account of
said indebtedness. This assignment and grant shall continue in effect until this mortgage is
paid. The mortgagee hereby waives the right to enter upon and take possession ofthe
Property for the purpose of collecting said rents, issues and profits, and the mortgagor shall
be entitled to collect and receive said rents, issues and profits until default under any of the
covenants, conditions or agreements contained in this mortgage, and/or the Note, and/or the
Indenture, and/or the Development Agreement, and agrees to use such rents, issues and
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profits in payment of principal and interest becoming due on this mortgage and in payment
of taxes, assessments, sewer rents, water rates and carrying charges becoming due against
the Property, but such right of the mortgagor may be revoked by the mortgagee upon any
default, on five (5) days' written notice. The 5-day period shall begin when the notice is
delivered. The mortgagor will not, without the written consent of the mortgagee, receive or
collect rent from any tenant of the Property or any part thereof for a period of more than one
(I) month in advance, and in the event of any default under this mortgage will pay monthly
in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and
profits, the fair and reasonable rental value for the use and occupation of the Property or of
such part thereof as may be in the possession of the mortgagor, and upon default in any such
payment will vacate and surrender the possession of the Property to the mortgagee or to
such receiver, and if in default thereof, may be evicted by summary proceedings.
9. MORTGAGOR'S OBLIGATION TO PAY CHARGES, ASSESSMENTS AND
CLAIMS: I shall pay all taxes, assessments, water frontage charges and other similar
charges, sewer rents, leasehold payments or ground rents (if any), and any other charges and
fines that may be imposed on the Property and that may be superior to this Security
Instrument. I shall do this by making the payments on time to the person owed them. If I
make direct payments, then, upon mortgagee's written request to do so, promptly after
making any of those payments I will give mortgagee a receipt which shows that I have done
so. If! am directed in a written notice to make payment to mortgagee under paragraph 5, I
will give mortgagee all notices or bills that I receive for the amounts due under this
paragraph.
I will promptly payor satisfy all liens against the Property that may be superior to this
Security Instrument except for the lien of State Bank of Long Island, a banking corporation
which Mortgagee has agreed to have this Security Instrument subordinate to. However, this
Security Instrument does not require me to satisfy any other superior lien(s) if: (A) I agree,
in writing, to pay the obligation which gave rise to the superior lien and mortgagee approves
the way in which I agree to pay that obligation; or (B) in good faith, I argue or defend
against the superior lien in a lawsuit so that, during the lawsuit, the superior lien may not be
enforced; or (C) I secure from the holder of that other lien an agreement, approved in
writing by mortgagee, that the lien of this Security Instrument is superior to the lien held by
that person; or (D) mortgagee has agreed to subordinate its interest in the Property to such
superior lien through the execution and recordation of a subordination agreement. If
mortgagee determines that any part of the Property is subject to a superior lien, mortgagee
may give mortgagor notice identifying the superior lien. Mortgagor shall payor satisfy the
superior lien or take one or more of the actions set forth above within ten (10) days of the
delivery of the notice.
10. MORTGAGOR'S OBLIGATION TO MAINTAIN HAZARD INSURANCE OR
PROPERTY INSURANCE: I will obtain hazard or property insurance to cover all
buildings and other improvements that now are or in the future will be located on the
Property. The insurance must cover loss or damage caused by fire, hazards normally
covered by "extended coverage" hazard insurance policies and other hazards for which
mortgagee requires coverage, including floods and flooding. The insurance must be in the
amounts and, if mortgagee notifies me in writing, for the periods of time required by
mortgagee. I may choose the insurance company, but my choice is subject to mortgagee's
approval and the insurance company must be licensed in the State of New York. If! do not
maintain the insurance coverage described above, mortgagee may obtain insurance
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coverage to protect mortgagee's rights in the Property in accordance with paragraph 13
below.
All of the insurance policies and renewals of those policies must include what is known as a
"standard mortgage clause," to protect mortgagee. The form of a\1 policies and renewals
must be acceptable to mortgagee. Mortgagee will have the right to hold the policies and
renewals. If mortgagee requires, I will promptly give mortgagee all receipts of paid
premiums and renewal notices that I receive.
If there is a loss or damage to the Property, I will promptly notify the insurance company
and mortgagee. If I do not promptly prove to the insurance company that the loss or
damage occurred, then mortgagee may do so.
The amount paid by the insurance company is called "proceeds." The proceeds will be used
to repair or to restore the damaged Property unless: (A) it is not economica\1y feasible to
make the repairs or restoration; or (B) the use of the proceeds for that purpose would lessen
the protection given to mortgagee by this Security Instrument; or (C) mortgagee and I have
mutua\1y agreed in writing not to use the proceeds for that purpose. If the repair or
restoration is not economica\1y feasible or ifit would lessen mortgagee's protection under
this Security Instrument, then the proceeds will be used to reduce the amount that I owe to
mortgagee under the Note and under this Security Instrument. If any of the proceeds remain
after the amount that I owe to mortgagee has been paid in full, the remaining proceeds will
be paid to me.
If I abandon the Property, or if I do not answer, within thirty (30) days, a notice from
mortgagee stating that the insurance company has offered to settle a claim, mortgagee may
collect the proceeds. Mortgagee may use the proceeds to repair or restore the Property or to
pay the sums secured by this Security Instrument. The 30-day period will begin when the
notice is delivered.
If any proceeds are used to reduce the amount of principal which I owe to mortgagee under
the Note, that use will not delay the due date or change the amount of any of sums due
under the Note and under this Security Instrument. However, mortgagee and I may
mutua\1y agree in writing to those delays or changes.
Notwithstanding anything to the contrary, if mortgagee acquires the Property under
paragraph 20 below, a\1 of my rights in the insurance policies will belong to mortgagee.
Also, the mortgagor agrees that a\1 of my rights in any proceeds which are paid because of
damage that occurred before the Property is acquired by mortgagee or sold will belong to
mortgagee. However, mortgagee's rights in those proceeds wi\1 not be greater than the
amounts due hereunder immediately before the Property is acquired by mortgagee or sold.
11. EXTENDED COVERAGE INSURANCE: That the fire insurance policies required by
paragraph 10 shall contain the usual extended coverage endorsement; that in addition
thereto the mortgagor, within thirty (30) days after notice and demand, wi\1 keep the
Property insured against war risk and any other hazard that may reasonably be required by
the mortgagee. The 30-day period shall begin when the notice is delivered. All of the
provisions of paragraph 10 relating to fire insurance and the provisions of Section 254 of
the New York State Real Property Law construing the same shall apply to the additional
insurance required by this paragraph.
12. MORTGAGOR'S OBLIGATIONS TO MAINTAIN AND PROTECT THE
PROPERTY, AND TO FULFILL ANY LEASE OBLIGATIONS; MORTGAGOR'S
LOAN APPLICATION: (A) Mortgagor's Obligations to Maintain and Protect the
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Property: I will keep the Property in good repair. I will not destroy, damage or harm the
Property, and I will not allow the Property to deteriorate. I will enter into such agreements
as are necessary in order to construct the Project in a timely manner. I will pay, or ensure
that my successors and/or assigns pay all costs and expenses required for the proper, lawful
and timely completion of the Project and satisfaction of the terms, conditions, covenants
and/or restrictions of the Development Agreement, the Note, the Indenture and this Security
Instrument.
I will be "in default" under this Security Instrument if I fail to keep any promise or
agreement made in this Security Instrument, and/or the Note, and/or the Indenture and/or
the Development Agreement. I also will be in default under this Security Instrument if any
civil or criminal action or proceeding for "forfeiture" (that is, a legal action or proceeding to
require the Property, or any part of the Property, to be given up) is begun and mortgagee
determines, in good faith, that this action or proceeding could result in a court ruling (i) that
would require forfeiture of the Property, or (ii) that would materially impair the lien of this
Security Instrument or mortgagee's rights in the Property. I may correct the default by
obtaining a court ruling that dismisses the legal action or proceeding, if mortgagee
determines, in good faith, that this court ruling prevents forfeiture of my interests in the
Property and also prevents any material impairment of (i) the lien created by this Security
Instrument, or (ii) mortgagee's rights in the Property. If! correct the default, I will have the
right to have enforcement of this Security Instrument discontinued, as provided in
paragraph 22, even if mortgagee has required immediate payment in full, as that term is
defined in paragraph 20 below.
(B) Mortgagor's Application to Purchase the Property: I acknowledge that the Property
is part of the Project and certain affordable housing requirements have been met prior to my
ownership of the Property. If, during the application process to purchase the Property, I
made false or inaccurate statements to mortgagee about information important to mortgagee
in determining my eligibility for the Project, mortgagee will treat my actions as a default
under this Security Instrument. Also, if during the loan application process I failed to
provide mortgagee with information important to mortgagee in determining my eligibility
for the purchase of the Property, mortgagee will treat this as a-default under this Security
Instrument.
13. MORTGAGEE'S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY: If: (A)
I do not keep my promises and agreements made in this Security Instrument, and/or the
Note, and/or the Indenture and/or the Development Agreement, or (B) someone, including
me, begins a legal proceeding that may significantly affect mortgagee's rights in the
Property (such as a legal proceeding in bankruptcy, in probate, for condemnation or
forfeiture, or to enforce laws or regulations), mortgagee may do and pay for whatever is
necessary to protect the value of the Property and mortgagee's rights in the Property.
Mortgagee's actions may include appearing in court, paying reasonable attorneys' fees and
entering on the Property to make repairs. Although mortgagee may take action under this
paragraph, mortgagee does not have to do so.
I will pay to mortgagee any amounts, with interest at the rate of six (6%) percent per
annum, which mortgagee spends for mortgagee's actions under this paragraph. 1 will pay
those amounts to mortgagee when mortgagee sends me a notice requesting that I do so.
However, mortgagee and I may mutually agree in writing to terms of payment that are
different from those in this paragraph. This Security Instrument is intended to protect
mortgagee in case I do not keep this promise to pay those amounts with interest. Such
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amounts due under this paragraph shall be included in the sums secured by this Security
Interest.
14. MORTGAGE INSURANCE: If mortgagee requires mortgage insurance following the
construction phase of the Project, I will pay the premiums for the mortgage insurance. If,
for any reason, the mortgage insurance coverage lapses or ceases to be in effect, I will pay
the premiums for substantially equivalent mortgage insurance coverage. However, the
mortgage insurance coverage must be substantially equivalent to the previous mortgage
insurance coverage, and the altemate mortgage insurer must be approved by mortgagee.
I will pay the mortgage insurance premiums until the requirement for mortgage insurance
ends according to my written agreement with mortgagee or according to law, whichever
first occurs.
15. MORTGAGEE'S RIGHT TO INSPECT THE PROPERTY: Mortgagee, and others
authorized by mortgagee, may enter on and inspect the Property. They must do so in a
reasonable manner and at reasonable times. Before or at the time an inspection is made,
mortgagee must give me notice stating its purpose for the inspection.
16. CONDEMNATION OF THE PROPERTY: A taking of property for a public purpose by
any governmental authority by eminent domain is known as "condemnation." Subject to
the provisions of any priority mortgage liens and other agreements agreed to by mortgagee
in writing and of record against the Property, I give to mortgagee my right: (A) to proceeds
of all awards or claims for damages resulting from condemnation or other governmental
taking of the Property; and (B) to proceeds from a sale of the Property that is made to avoid
condemnation. All of those proceeds will be paid to mortgagee.
If all of the Property is taken, the proceeds will be used to reduce the sums secured by this
Security Instrument. If any of the proceeds remain after the amount that I owe to mortgagee
has been paid in full, the remaining proceeds will be paid to me.
Unless mortgagee and I mutually agree otherwise in writing, if only a part of the Property is
taken, and the fair market value of the Property immediately before the taking either is
equal to, or greater than, the amount of the sums secured by this Security Instrument
immediately before the taking, the amount that I owe to mortgagee will be reduced only by
the amount of proceeds multiplied by the following fraction: (A) the total amount of the
sums secured by this Security Instrument immediately before the taking, divided by (B) the
fair market value of the Property immediately before the taking. The remainder of the
proceeds will be paid to me.
Unless mortgagee and I mutually agree otherwise in writing or unless the law requires
otherwise, if only a part of the Property is taken, and the fair market value of the Property
immediately before the taking is less than the amount of the sums secured by this Security
Instrument immediately before the taking, the proceeds will be used to reduce the sums
secured by this Security Instrument.
If I abandon the Property, or if I do not answer, within thirty (30) days, a written notice
from mortgagee to mortgagor stating that a governmental authority has offered to make a
payment or to settle a claim for damages, mortgagee has the authority to collect the
proceeds. Mortgagee may then use the proceeds to repair or restore the Property or to
reduce the sums secured by this Security Instrument. The 30-day period shall begin when
the notice is delivered.
If any proceeds are used to reduce the amount of principal which I owe to mortgagee under
the Note, that use will not delay the due date or change the amounts due under the Note and
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this Security Instrument. However, mortgagee and I may mutually agree in writing to those
delays or changes.
17. CONTINUATION OF MORTGAGOR'S OBLIGATIONS AND OF MORTGAGEE'S
RIGHTS: (A) Mortgagor's Obligations: Mortgagee reserves the right to allow a person
who takes over mortgagor's rights and obligations to delay or to change the amount of the
payments due under the Note or under this Security Instrument. Even if mortgagee does
this, however, that person and I will both remain and still be fully obligated under the Note
and under this Security Instrument, unless I am expressly released from liability by
mortgagee in writing.
Mortgagee may allow those delays or changes for a person who takes over my rights and
obligations, even if mortgagee is requested not to do so. Mortgagee will not be required to
bring a lawsuit against such a person for not fulfilling obligations under the Note or under
this Security Instrument, even if mortgagee is requested to do so.
(B) Mortgagee's Rights: Even if mortgagee does not exercise or enforce any right of
mortgagee under this Security Instrument or under the law, mortgagee will still have all of
those rights and may exercise and enforce them in the future. Even if mortgagee obtains
insurance, pays taxes, or pays other claims, charges or liens against the Property, mortgagee
will have the right under paragraph 25 to demand that I make immediate payment in full of
the amount that I owe to mortgagee under the Note and under this Security Instrument.
18. NOTICES REQUIRED UNDER THIS SECURITY INSTRUMENT: Any notice that
must be given to me under this Security Instrument will be sent by certified mail, return
receipt requested to the above address. A notice will be sent to me at a different address if
mortgagee has received prior written notice of such different address. Any notice that must
be given to mortgagee under this Security Instrument will be sent by certified mail, return
receipt requested to the above address, with a copy to the Suffolk County Attorney at the
same address. A notice will be mailed to mortgagee at a different address if mortgagee
provides me prior written notice of such different address.
Notice required by this Security Instrument is deemed duly delivered five (5) days after the
mailing thereof.
19. GOVERNING LAW: This Security Instrument is governed by the laws of the State of
New York. If any term of this Security Instrument or of the Note conflicts with the law, all
other terms of this Security Instrument and ofthe Note will still remain in effect if they can
be given effect without the conflicting term.
20. MORTGAGEE'S RIGHTS IF MORTGAGOR FAILS TO KEEP PROMISES AND
AGREEMENTS: Mortgagee may require that I pay immediately the entire amount then
remaining unpaid under the Note and under this Security Instrument, without limiting any
other right or remedy it may have. Mortgagee may do this without making any further
demand for payment. This requirement is referred to herein as "immediate payment in
full."
If mortgagee requires immediate payment in full, mortgagee may bring a lawsuit to take
away all of my remaining rights in the Property and have the Property sold, a proceeding
known as "foreclosure and sale." At this sale, mortgagee or another person may acquire the
Property. In any lawsuit for foreclosure and sale, mortgagee will have the right to collect all
costs and disbursements and additional allowances allowed by law and will have the right to
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add all reasonable attorneys' fees to the amount I owe mortgagee, which fees shall become
part of the sums secured by this Security Instrument.
Mortgagee may require immediate payment in full under this paragraph if all of the
following conditions are met:
(A) I fail to keep any promise or agreement, also referred to herein as a "default," made in
this Security Instrument, and/or the Note, and/or the Indenture and/or the Development
Agreement; and
(8) Mortgagee sends to me a notice that states:
(i) The promise or agreement that I failed to keep;
(ii) The action that I must take to correct that default;
(iii) A date by which I must correct the default. That date must be at least thirty (30) days
from the date on which the notice is delivered; and
(iv) That if I do not correct the default by the date stated in the notice, mortgagee may
require immediate payment in full, and mortgagee or another person may acquire the
Property by means of foreclosure and sale; and
(C) I do not correct the default stated in the notice from mortgagee by the date stated in that
notice.
21. MORTGAGEE'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED: In
addition to mortgagee's right to require immediate payment in full under paragraph 20
above, the mortgagee may require immediate payment in full of all amounts due under the
Note and this Security Instrument if all or any part of the Property, or if any right in the
Property, is sold or transferred without mortgagee's prior written permission. Mortgagee
also may require immediate payment in full of all amounts due under the Note and this
Security Instrument if the mortgagor is not a natural person, if a beneficial interest in
mortgagor is sold or transferred, or if such sale or transfer is inconsistent with the terms of
this Security Instrument, and/or the Note, and/or the Indenture and/or the Development
Agreement. However, mortgagee shall not require immediate payment in full if this is
prohibited by federal law on the date this Security Instrument is executed or if the sale or
transfer involves a Sale Unit sold or transferred in accordance with the terms, conditions,
covenants, and/or restrictions contained in the Development Agreement, and/or the Note
and/or this Security Instrument.
If mortgagee requires immediate payment in full under this paragraph, mortgagee will send
me notice which states this requirement. The notice will give me at least thirty (30) days to
make the required payment. The 30-day period shall begin on the date the notice is
delivered. If I do not make the required payment during that period, mortgagee may act to
enforce its rights under this Security Instrument without giving me any further notice or
demand for payment.
22. MORTGAGE RELEASE PROVISIONS: Provided Mortgagor has fully complied with
the terms and conditions of this mortgage, and the note secured hereby, Mortgagor shall be
entitled to releases from the mortgage lien of Sale Units as defined in the Note on the
following conditions:
(A) The Sale Unit must coincide with the boundaries of a lot as shown on the filed map;
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(B) The Sale Unit to be released shall contain a single family residence sold to qualifying
purchasers in accordance with the Development Agreement and the Development Plan;
(C) The release shall be delivered simultaneously with the closing to such qualified
purchaser, and the execution and delivery to the County by such purchaser of a note
and mortgage for the amount of the Land Development Subsidy (LDS) for such unit as
set forth in the Development Plan;
(D) The last unit shall not be released until all indebtedness hereunder is paid or the
conditions of the Development Agreement and Development Plan are satisfied; and
(E) Releases will be prepared by the County Attorney upon at least seven (7) business
day's written notice.
23. MORTGAGOR'S RIGHT TO HAVE MORTGAGEE'S ENFORCEMENT OF THIS
SECURITY INSTRUMENT DISCONTINUED: Even if mortgagee has required
immediate payment in full of the amounts due under the Note and under this Security
Agreement, I may have the right to have enforcement of this Security Instrument
discontinued. I will have this right at any time before sale of the Property under any power
of sale granted by this Security Instrument or at any time before a judgment has been
entered enforcing this Security Instrument ifI meet the following conditions:
(A) I pay to mortgagee the full amount that then would be due under this Security
Instrument and the Note as if immediate payment in full had never been required; and
(B) I correct my failure to keep any of my promises or agreements made in this Security
Instrument; and
(C) I pay all of mortgagee's reasonable expenses in enforcing this Security Instrument
including, but not limited to, reasonable attorneys' fees; and
(D) I do whatever mortgagee reasonably requires to assure that mortgagee's rights in the
Property, mortgagee's rights under this Security Instrument, and my obligations under the
Note and under this Security Instrument continue unchanged.
In the event I fulfill all of the conditions in this paragraph, then the Note and this Security
Instrument will remain in full force and effect as if immediate payment in full had never
been required. Notwithstanding anything to the contrary, this paragraph shall be deemed
inapplicable, and I will not have the right to have mortgagee's enforcement of this Security
Instrument discontinued, if mortgagee has required immediate payment in full under
paragraph 21 above.
24. CONTINUATION OF MORTGAGOR'S OBLIGATIONS TO MAINTAIN AND
PROTECT THE PROPERTY: The federal laws and the laws of the jurisdiction where
the Property is located that relates to health, safety or environmental protection are called
"Environmental Laws." I will not do anything affecting the Property that violates the
Environmental Laws, and I will not allow anyone else to do so.
Environmental Laws classify certain substances as toxic or hazardous. Other substances
considered hazardous for purposes of this paragraph are gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials. The substances
defined as toxic or hazardous by the Environmental Laws and the other substances
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considered hazardous for purposes of this paragraph are referenced as "Hazardous
Substance" or "Hazardous Substances."
I will not permit Hazardous Substances to be present on the Property. I will not use or store
Hazardous Substances on the Property, and I will not allow anyone else to do so. I also will
not dispose of Hazardous Substances on the Property, or release any Hazardous Substance
on the Property, and I will not allow anyone else to do so. However, I may permit the
presence on the Property of small quantities of Hazardous Substances that are generally
recognized as appropriate for normal residential use and maintenance of the Property, and I
may use or store these small quantities on the Property. In addition, unless the law requires
removal or other action, the buildings, the improvements and the fixtures on the Property
are permitted to contain asbestos and asbestos-containing materials if the asbestos and
asbestos-containing materials are undisturbed and "non-friable" (that is, not easily crumbled
by hand pressure).
If I know of any investigation, claim, demand, lawsuit or other action by the government or
by a private party involving the Property and any Hazardous Substance or Environmental
Laws, I will promptly notify the mortgagee in writing. If the government notifies me (or I
otherwise learn) that it is necessary to remove a Hazardous Substance affecting the Property
or to take other remedial actions, I will promptly take all necessary remedial actions as
required by the government and the Environmental Laws.
25. MORTGAGEE'S OBLIGATION TO DISCHARGE THIS SECURITY
INSTRUMENT: When mortgagee has been paid all amounts due under the Note and
under this Security Instrument, or thirty one (31) years have passed since the execution of
the Note and Security Instrument and mortgagor has not defaulted on the Note, this Security
Instrument, the Indenture or the Development Agreement, mortgagee will discharge this
Security Instrument by delivering a certificate stating that this Security Instrument has been
satisfied. I will not be required to pay mortgagee for the discharge, but I will pay all costs
ofrecording the discharge in the proper official records.
26. NEW YORK LIEN LAW: I will receive any amounts lent to me by mortgagee subject to
the trust fund provisions of Section 13 of the New York Lien Law. If, on the date this
Security Instrument is recorded, construction or other work on any building or other
improvement located on the Property has not been completed for at least four (4) months, I
will: (A) hold all amounts which 1 receive and which I have a right to receive from
mortgagee under the Note as a "trust fund;" and (B) use those amounts to pay for that
construction or work before I use them for any other purpose.
27. COUNTY OF SUFFOLK PROVISIONS:
(A) Non-Discrimination: I covenant and agree, for and on behalf of myself, my
successors and assigns, to be bound by the following covenants, which shall be binding for
the benefit of mortgagee and enforceable by mortgagee against me and my successors and
assigns to the fullest extent permitted by law and equity:
(i) I, my successors and assigns, and any lessees of the Property or any
improvements erected or to be erected thereon, or any part thereof, shall comply with
all applicable federal, state and local laws in effect from time to time prohibiting
discrimination or segregation by reason of race, creed, color, national origin, sex, age,
disability, sexual orientation, alienage, citizenship or marital status, in the sale, lease,
or occupancy of the Property or any improvements erected or to be erected thereon,
or any part thereof.
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(ii) I, my successors and assigns, and any lessees of the Property or any
improvements erected or to be erected thereon, or any part thereof, shall not effect or
execute any agreement, lease, conveyance, or other instrument whereby the sale,
lease, or occupancy of the Property or any improvements erected or to be erected
thereon, or any part thereof, nor utilize criteria or methods of administration which
have the effect of subjecting individuals to discrimination because of their race, creed,
national origin, sex, age, disability, sexual orientation, alienage, citizenship or marital
status or have the effect of defeating or substantially impairing accomplishment of the
objectives of the program in respect to individuals of a particular race, creed, national
origin, sex, age, disability, sexual orientation, alienage, citizenship or marital status.
(iii) I, my successors and assigns, and any lessees of the Property or any
improvements erected or to be erected thereon, or any part thereof, shall include the
covenants of paragraphs 26(A)(i) and (ii) in any agreement, lease, conveyance, or
other instrument with respect to the sale, lease, or occupancy of the Property or any
improvements erected or to be erected thereon, or any part thereof.
(iv) I agree that compliance with this paragraph constitutes a material term of
this Security Instrument, and that it is binding upon me, my successors, transferees,
and assignees while this Security Instrument remains in full force and effect. I also
understand that mortgagee may, at its discretion, seek a court order requiring
compliance with the terms of this paragraph or seek other appropriate judicial relief.
(B) Conflicts of Interest: I represent and warrant, and shall require my successors
and assigns to represent and warrant, that I have not offered or given any gratuity to any
official, employee or agent of Suffolk County or New York State or of any political party,
with the purpose or intent of securing an agreement or securing favorable treatment with
respect to the awarding or amending of an agreement or the making of any determinations
with respect to the performance of an agreement, and I have read and am familiar with the
provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk
County Code).
I represent and warrant, and shall require my successors and assigns to represent and
warrant, that I have filed with the Comptroller of Suffolk County the verified public
disclosure statement required by Local Law No. 14-1976, as amended (SA5-7 of the Suffolk
County Code) and shall file an updated such statement with the said Comptroller on or
before the 31st day of January falling within the term of this Security Instrument during
each subsequent calendar year. I acknowledge that such filing is a material, contractual and
statutory duty and that the failure to file such statement shall constitute a material breach of
this Security Instrument, for which Lender shall be entitled, upon a determination that such
breach has occurred, to damages, in addition to all other legal and equitable remedies, of
fifteen (15%) percent of the amount of the Note.
28. AUTHORIZATION: That the execution of this mortgage has been duly authorized by the
board of trustees, board of directors or the managing members/members of the mortgagor,
as the case may be
29. TERMINATION/MODIFICATION: This mortgage may not be changed or terminated
orally. The covenants contained in this mortgage shall run with the land and bind the
mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and
all subsequent owners, encumbrances, tenants and subtenants of the Property, and shall
inure to the benefit of the mortgagee, the personal representatives, successors and assigns of
the mortgagee and all subsequent holders of this mortgage. The word "mortgagor" shall be
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construed as if it read "mortgagors" and the word "mortgagee" shall be construed as if it
read "mortgagees" whenever the sense of the mortgage so requires.
30. SUBORDINA nON AGREEMENT: This Security Instrument is subordinate to the
mortgage of State Bank of Long Island, and any extensions, modifications, consolidations,
increases, renewals, refinancings and/or replacements thereof, and all advances made and to
be made thereunder (whether such advances are made in accordance with the terms of such
mortgages and whether such advances are obligatory or voluntary), together with interest
thereon (whether subsequently capitalized or not), all curative payments made by the holder
(s) thereof and all other sums secured thereby. The aforesaid subordination shall be
effective without the execution and delivery of any other instruments. Notwithstanding the
foregoing, the parties shall execute, acknowledge and deliver any other instruments(s)
which the holder of any such superior mortgage may reasonably require for the purposes of
evidencing the relative priorities of said mortgages.
31. RIDERS TO THIS SECURITY INSTRUMENT: If one or more riders are signed by
mortgagor and recorded together with this Security Instrument, the promises and
agreements of each rider are incorporated as a part of this Security Instrument. [Check
applicable box(es)]
D Adjustable Rate Rider D
D Graduated Payment D
Rider
D Balloon Rider
D VA Rider
D
D
Condominium Rider D
Planned Unit Development D
Rider
Rate Improvement Rider
Other(s)
1-4 Family Rider
Biweekly Payment
Rider
Second Home Rider
D
IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor.
Witnesses:
TOWN :;tOLD
By: ~~
Name: Scott A. Russell
Title: Supervisor
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Fidelity National Title Insurance Company
TITLE NO. 07-7404-67379-SUFF
SCHEDULE A-I (Description)
RE-AMENDED 2/7/07
ALL that certain plot, picce or parccl 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 1 thru 22 on a certain map entitled, "Map of Cottages at Mattituck" filcd
in the Office of the Clerk of the County of Suffolk on 1/30/07 as Map No. 11491.
TOGETHER with ingress and egress over Cottage Way to the nearest public highway.
TllE POLICY TO BE ISSUED under this commitment will insure the title /0 such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE A-I (Description)
Rev. (03104)
ST ATE OF NEW YORK )
)SS.
COUNTY OF SUFFOLK )
On the g day of February in the year 2007 before me, the undersigned, a notary public in and
for said state, personally appeared Scott A. Russell, Supervisor of the Town of Southold,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument th' ividual, or the person
upon behalf of which the individual acted, executed th nst
N r
(
R03:RT O. ARRIGO
Notary Public, State of New York
Suffolk County, No. 4802968
Term ExpireG Augu!'t 18, 2O/C
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