HomeMy WebLinkAboutL 12089 P 784Transcript Document No. 36
AGENCY BARGAIN AND SALE DEED
THIS AGENCY BARGAIN AND SALE DEED ("Deed"), made November 28,
2000, between SUFFOLK COUNTY INDUSTRIAL DEVELOPMENT AGENCY, a
public benefit corporation duly organized and validly existing under and by virtue of the
laws of the State of New York, having its principal office at H. Lee Dennison Building,
100 Veterans Memorial Highway, 2nd Floor, Hauppauge, New York 11788, the grantor,
and PECONIC LANDING AT SOUTHOLD, INC., a duly organized and validly existing
New York not-~r-profit cOrporation and a Corporation described in Section 501(c)(3) of
the Internal Revenue Code of 1986, as amended (the "Code"), which is exempt from
federal income taxation pursuant to Section 501(a) of the Code, having an office at
Feather Hill, Southold, New York 11971, the grantee, _,~,.~.~(>~e~ 2~c;g~/ ~
-r~. ~ll?q q
WITNESSETI-I that the grantor, in consideration of One Dollar ($1.00) and other
good and valuable consideration paid by the grantee hereby grants and releases unto the
grantee, the heirs or successor and assigns of the grantee forever,
(See Schedule A attached hereto)
Property Address:
Route 25, Greenport, Town of Southold,
Suffolk County, New York
Tax Account Number:
1000-035.00-01.00-025.000
TOGETHER with the appurtenances and all the estate and rights of the grantor in
and to said premises,
TO HAVE AND TO HOLD the premises herein granted unto the grantee, the
heirs or successors and assigns of the grantee forever.
.AND the said grantor covenants that the grantor has not done or suffered anything
whereby the said premises have been encumbered in any way whatever except pursuant
to the instruments and agreements listed on Exhibit A attached hereto, which instruments
and agreements have been delivered to the Suffolk County Clerk's Office for recording
and filing. The conveyance of the premises pursuant to this Agency Bargain and Sale
Deed is subject to the lien of the instruments and agreements listed on said Exhibit A.
This Deed is subject to the trust provisions of Section 13 of the Lien Law.
The words "grantor" and "grantee" shall be construed to read in the plural
whenever the sense of this Deed so requires.
Record and Return to:
Nixon Peabody LLP
Clinton Square - Post Office Box 31051
Rochester, New York 14603-1051
Attention: William F. Weir, Esq.
R439571.1
IN WITNESS WHEREOF, the grantor has executed this Deed the day and year
first above written.
In presence off
SUFFOLK COUNTY INDUSTRIAL
DEVELOPMENT AGENCY
Name-. Bmce E. Fergus4d
Title: Administrative Director
STATE OF NEW YORK )
)SS.:
COUNTY OF SUFFOLK )
On the~dday of November in the year 2000, before me, the tmdersigned, a
Notary Public in and for said State, personally appeared Brace E. Ferguson, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed in the within Agency Bargain and Sale Deed and
acknowledged to me that he executed the same in his cap~ity, and that by his signature
on the Agency Bargain and Sale Deed, the individual, or~e person or entity on behalf of
which the individual acted, executed the instrument. ~ ~ ~
/ Notary l/fil~lic (,/
SUSAN J. ARGIENTO
Notary Public, State of New Yod{
No. 4757950
Qualified in Suffolk County __
Oommlseton Explre~ Jan. 31,200 ~_
-2-
EXHIBIT A
1) IVlemorandum of Installment Sale Agreement, between the Suffolk County Industrial
Development Agency (the "Agency") and Peconic Landing at Southold, Inc. (the
"Corporation"), which has been delivered to the Suffolk County Clerk's Office for recording
pursuant to the Installment Sale Agreement, by and between the Agency, dated as of
November I, 2000.
2) Pledge and Assignment, from the Agency to the United States Trust Company, of
New York, as Trustee (the "Trustee"), with an Acknowledgment by Corporation, dated as of
November 1, 2000.
3) $9,113,600 Acquisition Mortgage and Security Agreement, from the Agency and the
Corporation to the Trustee, dated as of November 1, 2000.
4) $17,944,800 Building Loan Mortgage and Security Agreement, from the Agency and
the Corporation to the Trustee, dated as of November 1, 2000.
5) $14,046,000 Related Costs Mortgage and Security Agreement, from the Agency and
the Corporation to the Trustee, dated as of November 1, 2000.
6) Assignment of Acquisition Mortgage and Security Agreement, from the Trustee to
United States Trust Company of New York, as Collateral Agent (the "Collateral Agent"),
dated as of November 28, 2000.
7) Assignment of Building Loan Mortgage and Security Agreement, from the Trustee to
the Collateral Agent, dated as of November 28, 2000.
8) Assignment of Related Costs Mortgage and Security Agreement, from the Trustee to
the Collateral Agent, dated as of November 28, 2000.
9) $45,000,000 Building Loan Mortgage, from the Agency and the Corporation to BNP
Paribas, acting through its New York Branch, as Administrative Agent for the Lenders (as
hereinafter defined) (the "Administrative Agent"), dated as of November 28, 2000.
10) $9,000,000 Related Costs Mortgage, from the Agency and the Corporation to the
Bank, as Administrative Agent, dated as of November 28, 2000.
11) Assignment of Building Loan Mortgage, from the Administrative Agent to the
Collateral Agent, dated as of November 28, 2000.
12) Assignment of Related Costs Mortgage, from the Administrative Agent to the
Collateral Agent, dated as of November 28, 2000.
13) Collateral Security, Disbursement and Intercreditor Agreement, dated as of
November 1, 2000, among the Agency, the Corporation, the Administrative Agent, the
Trustee and the Collateral Agent.
14) Subordination, Non-disturbance and Attornment Agreement, dated as of November
28, 2000, by and among the Corporation, Peconic Landing Housing Association Cooperative,
Inc. (the "Co-op"), the Administrative Agent, the Trustee and the Collateral Agent.
15) Building Loan and Related Costs Loan Agreement, dated as of November 1, 2000,
among the Administrative Agent, BNP Paribas, acting through its New York Branch
("Paribas"), Northfork Bank, Key Corporate Capital Inc. and National Consumer
Cooperative Bank (Paribas, Northfork Bank, Key Corporate Capital Inc. and National
Consumer Cooperative Bank, collectively referred to therein as the "Lenders") and the
Corporation.
Schedule A Description
Policy No.: 3800- 00701
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT
GREENPORT, TOWN OF SOU/HOLD, COUNTy OF~UFFOLK ~ STATE OF NEW YORK, BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A GRANITE MONUMENT FOUND ON THE NORTHERLY SIDE OF MAIN ROAD (NYS
RTE 25) AT THE SOU~STERLY CORNER OF LAND NOW OR FOPJ4ERLY JOHN ABADIOTAKIS AND
CHRISTIAN ABADIOTAKIS, FORMERLY H. DWIGHT RIPLEY, BEING THE SOUTHEASTERLY CORNER
OF THE PREMISES HEREIN DESCRIBED:
RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 66 DEGREES 01 MINUTES 20
SECONDS WEST ALONG THE NORTHERLY SIDE OF MAIN ROAD (NYS RTE 25) 634.76 FEET TO A
MONUMENT FOUArD AND LAND NOW OR FOPJ~ERLY JERRY H. SCHOFIELD AND FRANK J~/STIN
MCINTOSH;
RUNNING THENCE ALONG LAND NOW OR FORmeRLY JERRY H. SCHOFIELD AND FRANK J~3STIN
MCINTOSH THE FOLLOWING FOUR (4) COURSES AND DISTANCES:
1. NORTH 11 DEGREES 31 MINUTES 10 SECONDS WEST 210.00 FEET,
2. NORTH 19 DEGREES 16 MINUTES 00 SECONDS WEST 344.00 FEET,
3. SOUTH 65 DEGREES 47 MINUTES 10 SECONDS WEST 213.37 FEET,
4. SOUTH 19 DEGREES 16 MINUTES 00 SECONDS EAST 550.15 FEET TO THE NORTHERLY
SIDE OF MAIN ROAD (NYS RTE 25)
RUNNING THENCE ALONG THE NORTHERLY SIDE OF MAIN ROAD (NYS RTE 25) THE FOLLOWING
TWO (2) COURSES AND DISTANCES;
1. SOUTH 65 DEGREES 23 MINL~TES 50 SECONDS WEST 285.49 FEET,
2. SOUTH 66 DEGREES 36 MINUES 40 SECONDS WEST 589.52 FEET TO LAND NOW OR
FOP34ERLY ,IEM REALTY CO.;
RUNNING THENCE ALONG LAND NOW OR FOP~4ERLY JEMP, F-J~LTY CO. THE FOLLOWING FOUR
COURSES AND DISTANCES:
(4}
1. NORTH 41 DEGREES 39 MINUTES 10 SECONDS WEST 1084.54 FEET;
2. NORTH 65 DEGREES 07 MINUTES 50 SECONDS EAST 376.40 FEET,
3. NORTH 32 DEGREES 28 MINUTES 10 SECONDS WEST 982.87 FEET,
4. NORTH 32 DEGREES 57 MINUTES 20 SECONDS WEST 426.81 FEET TO THE APPROXIMATE
HIGH WATER MARK OF LONG ISLAND SOUND;
RUNNING THENCE ALONG THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THE
FOLLOWING FOURTEEN (14) TIE-LINE COURSES AND DISTANCES:
1. NORTH 55 DEGREES 13 MINUTES 20 SECONDS EAST 41.44 FEET,
Policy No.:38oo-oo7oi
Schedule A Description (Continued)
2. NORTH 40 DEGREES 13 MINUTES 18 SECONDS EAST 162.82 FEET,
3. NORTH 48 DEGREES 59 MINUTES 18 SECONDS EAST 156.47 FEET,
4. NORTH 53 DEGREES 12 MINUTES 47 SECONDS EAST 85.49 FEET,
5. NORTH 33 DEGREES 06 MINUTES 38 SECONDS EAST 156.54 FEET,
6. NORTH 25 DEGREES 04 MINUTES 36 SECONDS EAST 352.41 FEET,
7. NORTH 49 DEGREES 30 MINUTES 59 SECONDS EAST 81.53 FEET,
8. NORTH 64 DEGREES 30 MINUTES 21 SECONDS EAST 163.50 FEET,
9. NORTH 55 DEGREES 49 MINUTES 13 SECONDS EAST 172.29 FEET,
10. NORTH 65 DEGREES 46 MINUTES 13 SECONDS EAST 154.46 FEET,
11. NORTH 45 DEGREES 07 MINUTES 11 SECONDS EAST 135.34 FEET,
12. NORTH 55 DEGREES 35 MINUTES 02 SECONDS EAST 214.28 FEET,
13. NORTH 45 DEGREES 33 MINUTES 00 SECONDS EAST 362.94 FEET,
14. NORTH 27 DEGREES 45 MIN-GTES 52 SECONDS EAST 504.31 FEET TO LAND NOW OR
FORMERLY FLOYD F. KING, JR.;
RUNNING THENCE ALONG LAND NOW OR FORMERLY FLOYD F. KING, JR. THE FOLLOWING
FOURTEEN (14) COURSES AND DISTANCES:
l. SOUTH 30 DEGREES 10 MINUTES 40 SECONDS EAST 926.10 FEET,
2. SOUTH 31 DEGREES 03 MINUTES 40 SECONDS EAST 300.01 FEET,
3. SOIYi'H 28 DEGREES 19 MINI3TES 30 SECONDS EAST 89.61 FEET,
4. SOUTH 13 DEGREES 46 MINUTES 30 SECONDS EAST 33.68 FEET,
5. SO%~17{ 27 DEGREES 56 MINUTES 50 SECONDS WEST 65.47 FEET,
6. SOU/7{ 00 DEGREES 19 MINUTES 40 SECONDS EAST 179.94 FEET,
7. SOUTH 01 DEGREES 34 MINq3TES 00 SECONDS EAST 300.20 FEET,
8. SOUTH 03 DEGREES 40 MINUTES 00 SECONDS EAST 100.00 FEET,
9. SOUTH 00 DEGREES 04 MINUTES 20 SECONDS WEST 172.71 FEET,
10. SOUTH 05 DEGREES 18 MINq3TES 40 SECONDS EAST 100.93 FEET,
11. SOUTH 00 DEGREES 39 MINUTES 30 SECONDS EAST 100.15 FEET,
Policy No.: 3800-00701
Schedule A Description (Continued)
12. SOUTH 01 DEGREES 45 MINUTES 00 SECONDS EAST 434.17 FEET,
13. SOU~ 07 DEGREES 02 MINUTES 00 SECONDS EAST 40.19 FEET,
14. SOUTH 76 DEGREES 49 MINUTES 10 SECONDS WEST 155.11 FEET;
RUNNING T]{ENCE STILL ALONG LAND NOW OR FORMERLY FLOYD F. KING, JR. AND ALONG
LAND NOW OR FORMERLY JOHlg ABADIOTAKIS AND CHRISTIAN ABADIOTA~IS, SOUTH 24
DEGREES 34 MINUTES 30 SECONDS EAST 805.00 FEET TO THE NORTHERLY SIDE OF MAIN
ROAD (NYS RTE 25) A~D THE POINT OR PLACE OF BEGINNING.
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 035.00 BLOCK 01.00 LOT 025.000
COMPANY INSURES THAT THE ABOVE DESCRIBED PREMISES ARE THE SAME PREMISES A~ SHOWN
ON SURVEY MADE BY YOUNG & YOUNG, LAND SURVEYORS, DATED 9/17/97 REDATED
2/19/99,RECERTIFIED 9/13/2000, AND ADDITIONAL CERTIFICATION 11/22/2000.
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctfi #
Deed / Mortgage Instrument
41
Page / Filing Fee
Handling
TP-584
Deed / Mortgage Tax Stamp
FEES
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
5.00
SubTotal
SabTotal V3
-- OR^NDTO*AL
Real Property Tax Service Agency Verification
Dist. Section B lock
Lot
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County__
Held for Apportionment
Transfer Tax ~-~ ~
Mansion Tax
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.
Community Preservation Fund
Consideration Amount $
CPF Tax Due
Improved
Satisfactions/Discharges/Releases List Property Owners Mailin
RECORD & RETURN TO:
,~oc..,,,'~)-r-~,4 //c));
04'//,u~t ,,e." a.k;.
Suffolk
'Ibis page fonm part of the attached
Vacant Land
TD
TD
Title Company Information
C °' N am e ~rrr.,~}
Title
Recordin & Endorsement Pa
(SPECIFY TYPE OF INSTRUMENT )
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of
TO
made by:
BOXES 5 TItRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
PLEASE TYPE O-R~5'~"~I~Y~ ~/V~; .~;' ~.
INSTRUCTIONS: hep://www.orps.state.ny.us or PHONE (518) 473-7222
REAL PROPERTY TRANSFER REPORT
STATE OF NEW YORK
STATE BOARD OF REAL PROPERTY SERVICES
'RP - 5217
1. Property
Location I STRaiT NUMB?
I ' $oufh01d
RouTe 2~ ,
STREET NAME
I C~eenpor* I 11971
~ VILLAGE ZIp CODE
Buyer t Pectic Landing et Sou~'hold, Inc. J I
Name ~ST NAME / COMPANY FIRST NAME
LAST NAME / COMPANY FIRST NAME
indicate where future Tax Bills are to be sent
if other than buyeraddress(atbottomofform) I ~o~lc I_endlng a'l' Sou'l'hold~, Inc.
I Faun'her Hill, P.O. ~ox 4:~0 [Soutrhold
~ I # of Parcels OR I~ Part of a Parcel
1
STREET NUMBER AND STREET NAME
4. Indicate the number of Assessment
Roll parcels transferred on the deed I
5. Deed
'".ONTPEET Ixl OE~. JoRI '~, 4,~ O0 ,1 I
ACRES
Suffolk County I nB~1'rle$, Development Agency
I
IN , YI'~7~ I
STATE ZIp CODE
IOnly if Part of a Parcel) Cheek as they apply:
4A. Planning Board with Subdivision Authority Exists []
4B. Subdivlslon Approval was Required for Transfer []
4C. Parcel Approved for Subdivision with Map Provided []
I
Nan)e. LAST NAME / COMPANY FIRST NAME
I
LAST NAME / COMPANY FIRST NAME
7. Check the box below which most accurately describes the use of the property at the time of sale:
2 or 3 Family Residential Commercial
Residential Vacant Land Apartment
Non-Residential Vacant Land Entertainment / Amusement
I [] Community Service
J ~ Industrial
KIiI Public Service
LI I Forest
11. Sale Contract Date I / "/~ / I
Month Day Year
12. Date of Sale / Transfer
I ~ / 2~ / oo I
Month Day Year
13. Full Sale Price L~_ ~ ~ ~ , i i ~ 1~ 0 ~ 0 I
(Full Sale Price is the total amount paid for the property including personal property.
This payment may be in the form of cash, other property or goods, or the assumption of
mortgages or other obligations.) Please round to the nearest whole dollar amount.
14. Indicate the value of personoi I , , , i i i 0 i 0 i 0 I
Check the boxe~ below as they ali)Ply;
8. Ownership Type is Condominidm
9. New Constructlon on Vacant Land
10A. Property Located within an Agricultural District
10B. Buyer received a disclosure notice indicating
that the property is in an Agricultural District
15. Cheek one or more of these conditions as applicable to transf~:
A
B
C
D
E
Sale BeWveen Relatives or Former Relatives
Sale BeWveen Related Companies or Partners in Business
One of the Buyers is also a Seller
Buyer or Seller is Government Agency or Lending Institution
Deed Type not Warranty or Bargain and Sale (Specify Below)
Sale of Fractional or Less than Fee Interest (Specify Below)
Significant Change in Property Between Taxable Status and Sale Dates
Sale of Business is Included in Sale Price ~%
Other Unusual Factors Affecting Sale Price (Specify Below)
None
16. Year of A~ssme~t Roll from
which information taken --00'
18.~opm~cle~ [ 2 , 5, o I-I [ 19. Schooi District Name [ Greenport' No. 10 I
20. Tax Map Identifier(s) / Roll Identifier(s) (if more than four, attach sheet w;th add;tional identifier(s))
I 1000-055.00-~1.00--025.00
I I L I
I certify that all of the items of information entered on this form are true and correct (to the best of my knowledge and belief) a~l I understand that the making
of any willful false statement of material fact herein will subject me to the provisions of the penal law relative to the maldng and ~ing of false instruments.
BUYER BUYER'S ATTORNEY
) ~ ft~*~lX,~ /m.~)qA I Cudd¥ ~ I C~arle~ ~.
I Feat'her trill, P.O. Box 4]0 611 I.. 569--8200
Sou?hold I NY I 11971 ~ "~
D,~ o. TOWN ~*~T~ z,. COON IC|ITY/T %
, SELLE~R ]C OV~.~ ASSESS~
- ......