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HomeMy WebLinkAbout1000-78.-3-51 '. . . 8 Ic,,_j _'~"C-'_.'~--'---' ~--. DECLARATION OF COVENANTS AND RESTRICTI ~~ ~\~ \)J~\ soT \ PlPr~: ,. THIS DECLARATION made by the Town of Southold this ~ day of August, 1989, a Municipal Corporation formed under the laws of the State of New York with its principal place of business at 53095 Main Road. Southold. New York hereinafter referred to as the DECLARANT. as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES ~ covenants and restrictions and does hereby declare that said PREMISES II ....... ; 1\'11# . hall be conveyed subject to the following covenants and restrictions: . . oJ, 0". '<~,,~ 1. DECLARANT has made application to the Suffolk County Department I~AI1ff Health Services (hereinafter referred to as the DEPARTMENT) for a 0'( {~l.-Vpermit to construct. approval of plans or approval of a subdivision or o?!Pdevelopment on the PREMISES. Qt5 (CSl?O 2. WHEREAS. the test wells sampled for the PREMISES Indicated a groundwater supply that had contamination in excess of the minimum drinking water standa'rd and/or guidelines of the State of New York and contained excess of Nitrates; WHEREAS. the County of Suffolk Department of .Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the , ' quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANTS. their heirs or successors and assigns forever. that no residence upon the above -described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water. when conditioned. meets the said minimum quality standards for drinking water of the State of New York and evidence of the same i!' . , , ' . . furnished to the Suffolk County Department of Health Services for their written approval. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, Its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any. provisions of local. state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws. ordinances. and/or regulations may thereafter be revised, amended. or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof. as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to' affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT. Its successors and assigns. and upon all persons or entities c1ai'TIing under them. and may be terminated. . . " . . revoked or amended by the owner of the premises only with the written consent of the DEPARTMENT. 8. If any section. subsection. paragraph. clause. phrase or provision of these covenants and restrictions shall. by a Court of competent jurisdiction. be adjudged illegal. unlawful. invalid. or held to be unconstitutional. the same shall not affect the validity of these covenants as a whole. or any other part or provision hereof other than the part so adjudged to be illegal. unlawful. invalid. or unconstitutional. 9. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County. New York State. or of any political party. with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. STATE OF NEW YORK) 55: COUNTY OF SUFFOLK J .~ On this JJ.\.-l' day of August. 1989. before me personally came Francis J. Murphy, to me known. who being by me duly sworn did depose and say that he resides at no number New Suffolk Avenue, Mattituck. NY that he is the Supervisor of the Town of Southold the corporation described in an which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of th Board of Directors of said corporation. and that he signed his na ereto by Ii rder. blie : York ROIIfJlT Il BBlNlSSlII IIDTMY ~STATE CIf U,. NO. 4814717.SUffIlUI aum...a IERM EXPIR!S NOVaIIIQ ZI, 1U I