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Home My WebLink AboutCR 48, CR 84~'~ RESOLUTION 2012-378 ADOPTED DOC ID: 7815 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-378 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute documents in connection with the conveyance by Quitclaim Deed from the Count~ of Suffolk to the Town of Southold with respect to certain roads known as (1) County System Road No. 48, Middle Road, and (2) County Road System No. 84, Cox Neck Road/Mill Neck Road pursuant to thc Intermuni¢ipal Agreement entered into by the parties dated 3/16/12, at no consideration to thc Town, all recording fees to be paid by the County of Suffolk, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell TP-584 (11/04) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office time stamp See Form TP-584-1, Instructions for Form TP-584, before completing this form. Please print or type. Schedule A -- Information relating to conveyance Grantor/Transferor Name (ff individual; last, first, middle initial) Social security number [] Individual County of Suffolk [] Corporation Mailing address Social security number [] Partnemhip 300 Center Drive [] Estate/Trust City State ZIP code Federal employer ident, number [] Other Riverhead NY 11901 11-6000464 Name (if individuah last, first, middle initial) Social security number TOWN OF SOUTHOLD Mailing address Social security number 53095 ROUTE 251 PO BOX 1'179 Grantee/Transferee [] Individual [] Corporation [] Partnership [] Estate/Trust [] Other City State ZIP code SOUTHOLD NY 11971~ O~'~, Location and description of property conveyed Federal employer ident, number ~' Tax map designation Address City/village Town County Section Block Lot SEGMENTS OF: 1000 Suffolk NONE NONE NONE COUNTY SYSTEM ROAD 48, MIDDLE ROAD SOUTHOLD COUNTY SYSTEM ROAD 84, COX NECK RD/MILL NECK RD SITUATED IN THE TOWN OF SOUTHOLD Type of property conveyed (chec~ applicable box) I [] One- to three-family house 5 [] Commercial/Industrial 2 [] Residential cooperative 6 [] Apartment building 3 [] Residential condominium 7 [] Office building 4 [] Vacant land 8 [] Other RT OF WAY Date of conveyance month day y~ar Percentage of real property conveyed which is residential real property 0.00 % (see instructions) Condition of conveyance (check all that apply) a, [] Conveyance of fee interest b. [] Acquisit~co of a controlling interest (state percentage acquired %) c. [] Transfer of a controlling interest (state percentage transferred %) d. [] Conveyance to cooperative housing corporation f. [] Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP-584. I, Schedule F) g. [] Conveyance for which credit for tax previously paid will be claimed (attach Form TP-584.1, Schedule G) h. [] Conveyance of cooperative apartment(s) i. [] Syndication e. [] Conwyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-584.1, Schedule E) · [] Conveyance of air rights or development rights k. [] Contract assignment For recording officer's use Amount received Schedule B., Part 1 $ Schedule B., Part I] $ Date received I. [] Option assignment or surrender m.[] Leasehold assignment or surrender n. [] Leasehold grant o, [] Conveyance of an easement p, [] Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part lll) q. [] Conveyance of property partly within and partly outside the state r. [] Other (desc#be) Active Ri~lht of Way Page.2 of 4 TP-584 (11/04) Schedule B -- Real estate transfer tax return (Tax Law, Article 31) Part ! - Computation of tax due I Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideration and proceed to Part 1#) ............................ [] Exemption claimedi1' 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ....................................... 3 Taxable consideratien (subtract line 2 from line I) ................................................................................................. 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ...................................................... 5 Amount of credit claimed (see instructions and attach Form TP-584. I, Schedule G) ................................................ 6 Total tax due* (subtract line 5 from line 4) ............................................................................................................. Part l! - Computation of additional tax due on the conveyance of residential real property for $1 million or more I Enter amount of consideration for conveyance (from Part 1, tine t) ..................................................................... 1. 2 Taxable consideration (mu~iyline t bythepercentageoftheprerniseswhichisresidentiatrealproperty, asshowninScheduleA) ..... 3 Total additional transfer tax due* (mul#plytine2by 1% (.01)) .............................................................................. Part I]] - Explanation of exemption claimed on Part ], line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................................................................................. a b. Conveyance is to secure a debt or other obligation ........................................................................................................................... b c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................. c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ...................................................................................................................................................................... d [] e. Conveyance is given in connection with a tax sale ............................................................................................................................ e [] f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F ................................................................... f g. Conveyance consists of deed of partition .......................................................................................................................................... g [] h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................ h [] i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or the granting of an option to purchase real property, without the use or occupancy of such property ............................................... i [] j. Conveyance of an option or contract to pumhase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ....................................................................................................................................................................... j k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents supporting such claim) .......................................................................................................................................................................... k I. Other (attach explanation) .................................................................................................................................................................... I *Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RE'Ir Return Processing, PO Box 5045, Albany NY 12205-5045. Page 3 of 4 TP-584 (11/04) Schedule C -- Credit Line Mortgage Certificate (Tax Law, Article 11 ) Complete the following only if the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: [] The transfer of real property is a transfer of a fee simple interest to a person or pemons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. [] The transfer of mai property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or mom of the original obligors or (B) to a person or entity where 50% or mom of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). [] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. [] The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain cimumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation). The mai property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following mason: [] A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. [] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. The real pmpedy being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) Signature (both the grantor(s) and grantee(s) must sign) The undersigned c~rtify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is t~4~e best of his/her knowledge, true and complete. County of Suffolk Town of Soft. Id ~. ..~ ~ ~-_ ~-~_~"(_5.~ ~ ( [ Geoffrey J. Mascaro Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? tf you checked e, f, or g in Schedule A, did you complete Form TP-584.1 ? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RE'I-I' Return Processing, PO Box 5045, Albany NY 12205-5045. Page .4 of 4 TP-584 (11/04) Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part ! - New York State residents If you am a New York State resident transfemr(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit. Signature Print full name Date Signature Print full name Date Signature Pnnt full name Date Signature Print full name Date Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part I[] - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the trensferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the ~xemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax, on page 1 of Form TP-584-L Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the trensfemr(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: [] The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121) from to (see instructions). Date Date [] The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Pdnt full name Date Signature Print full name Date Signature Print full name Date Peconic Bay Region Community Preservation Fund Proceeds of this transfer tax are disbursed to the Townships in which the transaction takes place for its acquisition of land, development rights, and other interests in property for conservation purpose~. Townships: East Hampton 03 Riverhead 06 Shelter Island07 Southampton 09 Southold 10 Please print or type. Schedule A Information Relating to Conveyance Grantor } Name (individual; last, f~rst, middle initial) [] Individual ] County of Suffolk [] Corporation Mailing address 300 Cantar Dflva [] Purtcersbip City State [] Othar RIvorhead NY Grantee Name (individual; last, first, middle iff~tial). , [] Corporation Mailing address ~ Other City State Locatmn and description of property conveyed ZlP code 11901 ZIP code Social Seclty Numier Soci',d Security Number Federal employer ident, number 11 ] 6000464 Social Security Number Social Security Number I I Federal employer idem. number Tax map designation Address ~rtllage Town Dist Section Block Lot SEGMENTS OF: COUNTY SYSTEM ROAD 48, MIDDLE ROAD .......... 1000 1000 NONE NONE NONE COUNTY SYSTEM ROAD 84, COX NECK RD/MILL SOUTHOLD NECK R0 SITUATED IN THE TOWN OF SOUTHOLD Type of property cenveyed (check applicable box) Date of conveyance [2 Vacant land Dual Towns: Condition of conveyance (check all that apply) a. ~- Conveyance of fee interest b: - Acquisition of a controlling interest (state percentage acquired %) c. - Transfer of a controlling interest (state percentage transferred %) d. - Conveyance to cooperative housing corporation e. - Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest f. - Conveyance which consists of a mere change of identity or form of ownership or orgamZation g. - Conveyance for which credit (or tax previously paid will be claimed h. - Conveyance of cooperative apartment(s) i. - Syndication j. ~ Conveyance of air rights or development rights k. - ConOract assignment 1, - Option assignment or surrender m. - Leasehold assignment or surrender n. - Leasehold grant p. - Conveyance for which exemption is claimed (complete Schedule B. Part II) q. - Conveyance of property partly within and partly without the state r. - Othcr (dtscribe)ACTIVE RtOHT OF WAY Schedule B - Community Preservation Fund Part I - Computation of Tax Due 1. Enter amount of consideration for the conveyance (from hne 1 TP584 Schedule B) ................................. 2. Allowance (see below) ......................................................................................................... 3. Taxable consideration (subtract line 2 from llne 1) ........................................................................ 4. 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK 5. Property not subject to CPF Tax (See Schedule C) ........................................................................ I 0 {l 2 0 c 3 0 o 4 o { For recording officer's use I Amount received Date received Transaction number East Hampton Shelter Island Southampton $250,000.00 Improved $250,000.00 Improv~ $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75 t300.00 Vacant Land (Unimproved) Schedule C - (continued) l~art II - Explanation of Exemption Claimed in Part I, l/ne 1 (check may boxes that apply) The conveyance of real property is exempt from the real estate ~ansfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................................................ b. Conveyance is to secure a debt or other obligation ............................................................................................. c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ..................... d. Conveyance of real property is withom consideration and not in connection with a sale, including conveyances conveying realty as bona fide ~fts .............................................................................................................................. e. Conveyance is given in connection with a tax sale ............................................................................................. f, Conveyance is mere change of i~ntity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyence to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) ............................................................................................................... g. Conveyance consists of deed of partition ......................................................................................................... h. Conveyance is given pursuant to the federal bankruptcy act .................................................................................... i. Conveyance consists of the execution of a comram to sell real property without the use or occupancy of such property or the ~antmg of an option to purchase real property without the use or occupancy of such property .......................................... j. Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursunnt to Section 1449-ee (2) (j) or (k) of Article 31-D of the Tax Law. (See required Town approval, below) ............................................................................................................... k. Conveyance of mai property for open space, parks, or historic preservation purposes to any not-for-profit tax exempt corporation opemmd for conservation, enviromnentel, or historic preservation purposes ................................................. 1. Other list explanations in space below (C-rendfather/Cnntract) ................................................................................. m. The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section 1449-ee of Article 31 -D of the Tax law. (See j in Schedule C) County of Suffolk By: :, Town Attorney or other designated official Geoffrey J. Mascaro, Property Mgt. Admln. Penalties and Interest Penalties Ally grarltor or grantee failing tO file a return or to pay any tax within the time required shall be subject to a penalty of 10% of the amount of tax due phis an interest penalty of 2% of such amount of each month of delay or fraction thereof after the expiration of the fi~st month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Interest Daily compounded interest will be charged on the amount of the tax due not paid within the time required. By: Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schefl~le or attackment, is to the best of hisfaer knowledge, tree and complete. Town of~,,~thold -- ~e~ Geoffrey J. Ma$caro, Prope~--a~t. Administrator _~C_~-- Gl:a~tee Gra~to~ -- Grantee PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 474-6450 FOR COUNTY USE ONLY I ~ C1.' sWIS Code I I I I I [ I STATE OF NEW YORK C2. Date Deed Recorded I Month / Day / Year I STATE BOARD OF R:L PROPERTY SERVICES c,..oo, t, i i, IC,.,e.ol , , , i REAL PROPERTY TRANSFER REPORT I PROPERTY INFORMATION ZIp CODE [. - I LAST NAME / COMPANY FIRST NAME .I. 3. Tax Indicate where future Tax Bills are to be sent ~ Billing if other than buyer address (at bottom of form) I 4. Indicate the number of Assessment ~ (Only if Part of a Parcel) Che~k as they apply: Roll parcels transferred on the deed I , ~ I# of Parcels OR~ ~ Part of a Parcel 4A. Planning Board with Subdivision Authority Exists [] 4B. Subdivision Approval was Required for Transfer [] 4C. Parcel Approved for Subdivision with Map Provided [] 5. Deed Propa.~ I IX[ I ORI o , 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: A[~ One Family Residentisf B ~ 2 or 3 Family Residential C ~ Residentlal Vacant Land DLj Non-Residentlal Vacant Land I SALE INFORMATION I 11. Sale Contract Date Commerclal Industrial Apartment Public Service Entertainment / Amusement Forest 12. Date of Sale / Transfer Month Day Year 13. Full Sale PriceI , , , , , , , , O, 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 personal I I I ~ I I I c~, 0 , 0 I property included in the sale ~ ~ · ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment RoB and Tax Bill ~ 16. Year of Assessment Roll fromI , 117.Total Assessed Value (of all parcels in transfer} I which information taken Check the boxes below as they apply: 8. Ownership Type is Condominium LJ 9. New Construction 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. Check one or more of theae conditions as applicable to trat~fe~ A [ Sale Between Relatives or Former Relatives Sale BebNeen Related Companies or Partners in Business One of the Buyers is also a Seller D Buyer or Seller is Government Agency or Lending Institution Deed Type not Warranty or Bargain and Sale (Specify Below) F Sale of Fractional or Less than Fee Interest (Specify Below) Significant Change in Property BeWveen Taxable Status and Sale Dates Sale of Business is Included in Sale Price Other Unusual Factors Affecting SaIe Price (Specify Esfow) J None 18. ProparW Class I , , I-I I 19. School District Name 20. Tax Map Identifier(s) I Roll Identifier(s} IIf more than four, attach sheet with additional identifier(e)) I I t J I I I I I CERTIFICATION I BUYER BUYER ~NATURE CF~' OH TOWN STATE BUYER'S ATTORNEY LAST NAME ~ · FIRST NAME I NEW YORK STATE COPY "® RESOLUTION 2012-378 ADOPTED DOC ID: 7815 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-378 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24,2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A Russell to execute documents in connection with the conveyance by Quitclaim Deed from the County of Suffolk to the Town of Southold with respect to certain roads known as (1) County System Road No. 48, Middle Road, and (2) County Road System No. 84, Cox Neck Road/Mill Neck Road pursuant to the Intermunicipal Agreement entered into by the parties dated 3/16/12, at no consideration to the Town, all recording fees to be paid by the County of Suffolk, subject to the approval of the Town Attorney. EQ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY Supervisor martin.Snnegan@town.southold.ny.us OF SO&PZ, JENNIFER ANDALORO O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.us N Southold, New York 11971-0959 LORI M. HULSE �� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY �d�p0 Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us ' OFFICE OF THE TOWN ATTORNEY RECEIVED TOWN OF SOUTHOLD MAY 3 1 2012 MEMORANDUM Southold Town Clerk To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: May 31, 2012 Subject: Conveyance of Segments of County System Roads 48 & 84 Suffolk County to Town of Southold For your records, I am enclosing a certified copy of the recorded Quitclaim Deed in connection with the referenced matter. I am also enclosing a copy of the resolution authorizing this conveyance. If you have any questions, please do not hesitate to call me. Thank you for your attention. /lk Enclosures cc: Ms. Claire Glew, Assessor's Office Mr. Peter Harris, Superintendent of Highways COUNTY OF SUFFOLK 9 STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS GILBERT ANDERSON,P.E. PHILIP A.BERDOLT COMMISSIONER DEPUTY COMMISSIONER May 15, 2012 ATTN LYNN KRAUZA SECRETARY TO THE TOWN ATTORNEY r TOWN OF SOUTHOLD D '1' V/ IF 53095 ROUTE 25 PO BOX 1179 k� SOUTHOLD NY 11971 SOWN ATTORNEY'S OFFICE RE: INTERMUNICIPAL AGREEMENT TOWN OF SOUTHOLD DPW TO THE TOWN OF SOUTHOLD Segments of County System Roads 48 & 84 Town of Southold, Suffolk County, New York Dear Ms. Krauza: In connection with the above referenced matter enclosed please find a County Clerk Certified Copy of the deed transferring the subject roadways to the Town of Southold. In regards to the conveyance, this matter is now closed. Thank you for your assistance in this matter. Should you have any questions or require further information, please feel free to contact me at 631.852.5321. Very truly yours, Geof Tey J. Mascaro, Property Management Administrator GJM/db Attachment (1) SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631)8524010 335 YAPHANK AVENUE ■ YAPHANK,N.Y. 11980 ■ FAX(631)852-4150 CC# : C12-18276 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 05107/2012 under Liber D00012692 and Page 650 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 06107/2012 SUFFOLK COUNT/Y7 CLERK (;7-d.rz-.L Q. rvac� JUDITH A.PASCALE SEAL J T III VIII IIII VIII VIII VIII VIII II III VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 05/07/2012 Number of Pages : 29 At: 10 :21 :22 AM Receipt Number : 12-0051540 TRANSFER TAX NUMBER: 11-19909 LIBER: D00012692 PAGE : 650 District: Section: Block: Lot: 1000 121 . 00 02 . 00 000 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 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 Notation $0 . 00 YES Cert.Copies $0 . 00 YES RPT $0 . 00 YES Transfer tax $0 . 00 YES Comm.Pres $0 . 00 YES Fees Paid $0 . 00 TRANSFER TAX NUMBER: 11-19909 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County o0 Number of pages --- --- i This document will be public record. Please remove all Social Security Numbers prior to recording. r Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 6. 002. Additional Tax P-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217(State) TOT. MTG.TAX Dual Town Dual County R.P.T.S.A. _ Held for Appointment Comm.of Ed. 5 00 Transfer Tax Affid . Mansion Tax ified Co /0 The property covered by this mortgage is \ or will be improved by a one or two NYS Surcharge 15. 0 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. IC 120095" 1000 12100 0200 o00000 q7, 5 Community Preservation Fund // pT S Real Property (SFL A Consideration Amount $ Tax Service SMAY_I Agency CPF Tax Due Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land lyll�ll�l�'I'I"�'III��I�I��I�III �l�'��III I IIIIIII'��IIII TO DPW TO SOUTHOLD HIGHWAY§115-b TD ATTN GEOFF MASCARO PMA SUFFOLK COUNTY DPW 335 YAPHANK AVE TD YAPHANK NY 11980-9608 Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED FOR COUNTY SYSTEM ROADS made by: (SPECIFY TYPE OF INSTRUMENT) THE COUNTY OF SUFFOLK The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD THE TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over ' QUITCLAIM DEED THIS INDENTURE,made the 19 day of Aran- 12012 BETWEEN THE COUNTY OF SUFFOLK, a municipal corporation of the State of New York,having its principal offices at the Suffolk County Center, 300 Center Drive, Riverhead, New York, 11901,party of the first part; and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having an address of 53095 Route 25,P.O. Box 1179, Southold, Suffolk County,New York 11971, party of the second part, WITNESSETH,that the party of the fust part,pursuant to Resolution Number 825-2011 adopted by the Suffolk County Legislature on 10/11/2011 and,thereafter, approved by the County Executive on 10/19/2011 (Exhibit"A") and that the party of the second part,pursuant to Resolution Number 2012-134 adopted by the Town Board of the Town of Southold on 01/31/2012 (Exhibit`B")have entered into a certain Intermunicipal Agreement on 03/16/2012 (Exhibit"C") removing certain Suffolk County System Roads from the County Road System Map and transferring ownership, repair, and maintenance thereof exclusively to the party of the second part and in furtherance of said Intermunicipal Agreement and in consideration of ten dollars paid by the party of the second part receipt of which is hereby waived, does hereby remise, release and QUITCLAIM unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL,that certain plot,piece or parcel of land with any building and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, as more fully described in Schedule "A" which is annexed hereto and is incorporated by reference to and fully made of part of this Quitclaim Deed, FURTHER, notwithstanding the above description, it is the intention of this conveyance to give title only to such property as was acquired by the County of Suffolk. TOGETHER with the appurtenances and all the estate and rights of the party of the first par in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. SUBJECT to all covenants,restrictions and easements of record, if any. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any other purposed. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. THE PURPOSE OF THIS CONVEYANCE IS TO BENEFIT THE COUNTY OF SUFFOLK BY TRANSFERRING THE SUBJECT ROADWAYS TO THE TOWN OF SOUTHOLD SO THAT THE COUNTY OF SUFFOLK HAS NO LIABILITY FOR THE COST OF MAINTENANCE OR DAMAGES AND/OR INJURIES RESULTING FROM THE USE OF SAID ROADWAYS. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. COUNTY OFF SUFFOLK,NEW YORK O � By: GILB RT ANDERSON, P.E., H Com issioner,Department of Public Works STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the iqm+ day of AFV� , in the year 20 12 , before me,the undersigned, personally appeared GILBERT A. ANDERSON,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(shc)executed the same in his(low)capacity, and that by his(4qea) signature on the instrument,the individual, on the person on behalf of which the individual acted, executed the instrument. NP01311C, STATE OF NEW YORK LAWRENCNotary Public,Sta�(fir ikk No.OIHY6188500 Owl— in Commission EXM'06�12 SCHEDULE "A" County System Road No 48 Middle Road All County System Road No.48, Middle Road, situate in the Town of Southold, County of Suffolk, and State of New York as depicted on the attached diagram labeled "Exhibit 3" and described as follows: Beginning at the intersection of the LIPA transmission line and the division line between the Town of Riverhead on the west and the Town of Southold on the east in the vicinity of Aldrich Lane in the Hamlet of Laurel; Thence, from said Point of Beginning, easterly,through new location, and along the LIPA transmission line to the vicinity of the existing intersection of Cox Neck Road and Sound Avenue, a distance of 1.1± miles more or less; Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. County System Road No 84 Cox Neck Road/Mill Neck Road All County System Road No. 84, Cox Neck Road/Mill Road, situate in the Town of Southold, County of Suffolk, and State of New York as depicted on the attached diagram labeled "Exhibit 3" and described as follows: Beginning at the intersection of the northerly boundary of County Road No.48,Sound Avenue and the County System Road No.84, Cox Neck Road/Mill Road in the Hamlet of Mattituck; Thence,from said Point of Beginning, northerly, along said County System Road No. 84, Cox Neck Road to its intersection with the westerly boundary of Mattituck Creek; Thence, continuing from the easterly boundary of Mattituck Creek, easterly along County System Road No. 84, Mill Road,to its intersection with the westerly boundary of Mill Lane, a distance of 2.6±miles more or less; Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. The above County System Road No.84 traverses Suffolk County Tax Map District 1000(Town of Southold),Section Numbers 121, 113, 106, 107 and 100. a ' 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement Exhibit 3 COUNTY SYSTEM ROADS IN THE TOWN OF SOUTHOLD I csa K. , O I r5 s 0 Ts Vill i s , <2 i . 0 jJs I 20 Intro. Res, No. 1837/2011 Laid on Table 9/1512011 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. ga$ -2011, AUTHORIZING THE COMMISSIONER OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS TO TAKE MEASURES TO REMOVE CERTAIN ROADS FROM THE SUFFOLK COUNTY ROAD SYSTEM WHEREAS, New York State Highway Law § 115-b prescribes the manner in which a County may remove a road or part of a road from its County road system; and WHEREAS, certain roadways that were placed in the County road system were owned by the Towns or Villages in which those roadways are situated; and WHEREAS, duly authorized representatives from the Towns and Villages in Suffolk County requested that certain roadways be placed in the County road system to make those roadways eligible for State and Federal Aid that is only available to roadways in the County road system; and WHEREAS, the Suffolk County Commissioner of Public Works is also Suffolk County's Superintendent of Highways; and WHEREAS, the Suffolk County Commissioner of Public Works'has received and dispersed all available State and Federal Aid for roadways in the County road system; and WHEREAS, the amount of State and Federal Aid for roadways in the County road system has become insufficient to reconstruct, improve, and maintain certain roadways in the County road system; and WHEREAS, the additional cost for reconstruction, improvement, and maintenance of certain roadways that were placed in the County road system was funded, in whole or in part, by the Towns and Villages in which those roadways are situated; and WHEREAS, duly authorized representatives from the Towns and Villages have acknowledged to the State of New York Department of Transportation that certain roadways that were placed on the County road system are owned by the Towns and Villages in which those roadways are situated; and WHEREAS, Towns and Villages have been receiving funding from the New York State Consolidated Local Street and Highway Improvement Program for certain roadways that were placed on the County road system; and WHEREAS, duly authorized representatives from the Towns and Villages have requested that the County of Suffolk pay the entire cost of reconstruction, improvement, and maintenance of certain roadways that were placed on the County road system where there is insufficient State and Federal Aid to pay for such costs, and WHEREAS, the County of Suffolk cannot afford to pay the costs associated with the reconstruction, improvement, and maintenance of certain roadways that were placed in the County road system; and EXHIBIT "A" WHEREAS, New York State Highway Law § 115-b permits roadways to be removed from the county road system "upon the recommendation of the County Superintendent of Highways pursuant to a written agreement with the governing body of a town, village or city, or in the event that such an agreement cannot be reached with the approval of the commissioner of transportation, the board of supervisors of any County may remove a road or part of a road from the County road system'; now, therefore be it 1s' RESOLVED, that pursuant to New York State Highway Law§ 115-b, the Suffolk County Commissioner of Public Works is hereby authorized to issue recommendations concerning any roadway(s) contained in the County road system that should be removed from the County road system and returned to the Towns or Villages in which it/they is/are situated for reconstruction, improvement, and maintenance; and be it further 2nd RESOLVED, that pursuant to New York State Highway Law § 115-b, the Suffolk County Commissioner of Public Works is hereby authorized to enter into any necessary written agreements with the governing body of any Towns or Villages for roadway(s) that are recommended to be removed from the County road system and returned to the Towns or Villages in which it/they is/are situated for reconstruction, improvement, and maintenance; and be it further 3rd RESOLVED, that pursuant to New York State Highway Law § 115-b, the Suffolk County Commissioner of Public Works may make any necessary applications to the New York State Commissioner of Transportation for roadway(s) that are recommended to be removed from the County road system and returned to the Towns or Villages in which it/they is/are situated for reconstruction, improvement, and maintenance; and be it further 4d' RESOLVED, that the Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that this action constitutes a Type II action pursuant to Section 617.5(c)(2) and/or 27 of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management, and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law. DATED: OCT 1 1 2011 APPROVED BY' County Ex cutive of Suffolk Cou y Date: OCT 1 9 2011 2 SUFFOLK COUNTY This is to Cert That I, TIM LAUBE, Clerk of the County County Legislature Legislature of the County of Suffolk, have compared the foregoing copy of RIVERHEAD,NY resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on �y L6i�8! October 11, 2011 and that the same is a true and correct transcript of said resolution and of the whole thereof. M In Witness `Whereof, I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. OHO O tl'1• Clerk of the Legislature rA ' RESOLUTION 2012-134 ADOPTED DOC ID: 7576 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2012-134 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31,2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A Russell to execute the Intermunicipal Agreement between the Town of Southold and the Suffolk County Department of Public Works in connection with maintenance responsibilities for Town roads previously pledged into the County Road System, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED.[UNANDIOUS]. MnVGR: Christopher Talbot,Councilman SECONDER:William Ruland,Councilman APES: Ruland, Talbot,Doherty,Krupski Jr.,Evans,Russell k F EXHIBIT "B" 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement Exhibit 3 COUNTY SYSTEM ROADS IN THE TOWN OF SOUTHOLD rX t 7 � Icf4 3k O J+� 3 j u c L p E F r 20 D-M-0„5 01/1$/12 Law No; 12- -00 Town of Southold Intermunicipal,Agreement INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF SOUTHOLD AND COUNTY OF SUFFOLK This Intermunicipal Agreement ("Agreement') is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Public Works("Department'),located at 335 Yaphank Avenue, Yaphank,New York I1980-9744; and Town of Southold ("Town"), a municipal corporation of the State of New York, having its principle offices located at 53095 Route 25, Southold, New York 11971, acting through its duly constituted Highway Department located at 75 Peconic Lane,Peconic,New York 11958. The parties hereto desire to remove from the County Road System and transfer to the Town, the duty and obligation to maintain County System Road No. 48, Middle Road and County System Road No. 84, Cox Neck Road/Mill Neck Road,in accordance with the term of this Agreement. Term of the Agreement: Upon execution of this Agreement by both the Town and the County; all duties and obligations to maintain County System Road No.48,Middle Road and County System Road No. 84, Cox Neck Road/Milt Neck Road, in the Town of Southold,are hereby transferred to the Town in perpetuity, Total Cost of the Agreement;The Town agrees to assume and pay all of the costs associated with maintenance of County System Road No. 48, Middle Road and County System Road No. 84, Cox Neck Road/Mill Neck Road,as set forth in Article I, Section G. Terms and Conditions: Shall be as set forth in Articles I and 11,and Exhibits I through 3,attached hereto and incorporated herein. In Witness Whereof,the parties hereto have executed the Agreement as of the latest date written below. t_ F t e 1 far 0013068 EXHIBIT "C" ! E 01/26/2012 THU 10: 09 PAX 14007/022 01/18/12 Law No. 12- -00 Town of Southold Intetmunicipal Agreement 8 i� TOWN OF;SOJTHOLD CO Y OF SUR . LK j�. By% B . P p�. Name: -5',&c? Name: EGt Al a 11st, tc'3�e0.'P M Title: Su PAY � iSD Tit1eC({lEt r� �ou,� ( EQCUrtu E' Fed. 'rax Ill Date: Date: 3 _ L��— �2Z Approved as to Legality;g t3'; Approv�, a- B Depublic Works Dennis Cohen, County Attorney y; By: Gil ert Anderson,P.E.,Commissioner - ,! as eren addish _ e Assistant County Attomey Date: 2 IV; I Qi Date: Recommended: Highway Division ` BY William Hillman, P.E. Chief Engineer j Date: h �r t i' y i ' A Y y. r 6 1 �r 3 0 2 t 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement List of Articles &Exhibits Article I Description of Duties and Obligations Article II County Terms and Conditions 1. Elements of Interpretation 2. Meanings of Terns 3. Contractors Responsibilities 4. Qualifications,Licenses,and Professional Standards 5. Notifications 6. Documentation of Professional Standards 7.- Credentialing 8.. Engineering Certificate 9. Termination 10.Indemnification and Defense 11.Insurance 12, Independent Contractor 13. Severability 14. Merger;No Oral Changes 15. Set-Off Rights 16.Non-Discrimination in Services 17.Nonsectarian Declaration 18. Governing Law 19.No Waiver 20. Conflicts of Interest 21. Cooperation on Claims 22. Confidentiality 23.Assignment and Subcontracting 24.No Intended Third Party Beneficiaries 25. Certification as to Relationships 26. Publications and Publicity 27. Copyrights and Patents 28.Arrears to County 29.Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 30.Notice Exhibit 1 Suffolk County Legislative Requirements I. Contractor'sNendors Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 3 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Work Experience Participation 11. Suffolk County Local Laws Website Address Exhibit 2 Authorizing Resolutions Exhibit 3 County Road System in the Town of Southold ! i f 4 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement Article I Whereas, the purpose of this agreement is to clarify the County's limited maintenance responsibility for town roads, village roads, and other local municipal roads pledged into the County Road System solely to payment or disbursement of funds contained in the county road fund for the maintenance of those roadways; and Whereas,to the extent that there is insufficient state and federal funding to pay the cost of maintenance for roads that were pledged into the County Road System, the additional maintenance costs are the responsibility of the town,village, or other local municipality in which the roadway sits; and Whereas, County Legislative Resolution No. 825-2011 authorized the County to enter into an agreement with the Town for the removal from the County Road System and transfer of maintenance of County System Road No. 48, Middle Road and County System Road No. 84, Cox Neck Road/Mill Neck Road (hereinafter"the Roads"),(Exhibit 2-A); Whereas, pursuant to Town Board Resolution No.-Io a-134 Town of Southold authorized the Town Supervisor to execute an Inter-Municipal Agreement with the County for the removal from the County Road System and transfer of maintenance of the Roads, (Exhibit 2-B); Now,Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: A. It shall be the duty of the parties to this Agreement to promptly discharge, or cause to be promptly discharged,all their responsibilities as set forth in this Agreement. B. The Roads shall be permanently removed from the County Road System and all duties and obligations to maintain in and to the Roads shall revert to the Town and the Roads shall thereafter be maintained by the Town in the same manner as other Town roads are maintained. C. All costs incurred in the maintenance of the, Roads shall be borne by the Town. The term "maintenance" as used in this Agreement means and includes, but is not limited to: (a) salting, sanding and snow plowing; (b) litter pick-up; (c) catch basin and drainage pipe cleaning;(d) snow fence installation; (e) brush cutting and removal; (f) repair and/or installation of signs; (g) repair/replacement of manhole covers and catch basins; (h) mowing; (i) emergency callout work, including traffic accidents; 0) pavement markings; (k) street sweeping as necessary, emergencies and valid citizen complaints; (1) repair/replace wearing surface; (m) repair/replace curb, sidewalk and guide rail; (n)maintain recharge basin and repair/replace fence. D. The Town shall provide written notice to all local police authorities to advise them of the Town responsibility for maintenance of the Roads. The Town shall establish and employ procedures that will allow maintenance contractors and/or Town employees to provide maintenance services in a timely fashion. E. If the Town enters into contracts for the performance of any of the services required pursuant to this Agreement,the Town shall be solely responsible for such performance,Nothing in the contract shall t impair the rights of the County under this Agreement. No contractual relationship shall be deemed to exist between any contractor and the County. Nothing in this Agreement shall impair any right of - contribution or indemnification that the County may have against any subcontractor or other third party. 5 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement F. In the event that the Town fails to provide the services and discharge its duties in accordance with the terms of this Agreement, the County, in addition to any other remedies to which it may be entitled may withhold funds for any or all other traffic improvements within the Town. The County shall, however, provide the Town with prior written notice specifying the particulars of the Town's failure to comply with the terms of this Agreement and shall further specify a reasonable period of time within which the Town may correct any such failure prior to the County pursuing any remedies under this Agreement. G. The Town will maintain: County System Road No.48,Middle Road All County System Road No. 48, Middle Road, situate in the Town of Southold, County of Suffolk, and State of New York as depicted on the attached diagram labeled "Exhibit 3" and described as follows: Beginning at the intersection of the LIPAtransmission line and the division line between the Town of Riverhead on the west and the Town of Southold on the east in the vicinity of Aldrich Lane in the Hamlet of Laurel; Thence, from said Point of Beginning, easterly, through new location, and along the LIPA transmission line to the vicinity of the existing intersection of Cox Neck Road and Sound Avenue, a distance of 1.1±miles more or less; Excepting also and reserving to any and all utilities the right of access at all times for the update, , maintenance and service of their facilities. County System Road No. 84,Cox Neck Road/Mill Neck Road All County System Road No. 84, Cox Neck Road/ :Mill Road, situate in the Town of Southold, County of Suffolk, and State of New York as depicted on the attached diagram labeled`Exhibit 3" and described.as follows: Beginning at the intersection of the northerly boundary'of County Road No. 48, Sound Avenue and the County System Road No. 84, Cox Neck Road/Mill Road in the Hamlet of Mattituck; Thence, from said Point of Beginning, northerly,along said County System Road No. 84, Cox Neck Road to its intersection with the westerly boundary of Mattituck Creek; Thence, continuing from the easterly boundary of Mattituck Creek, easterly along County System Road No. 84, Mill Road, to its intersection with the westerly boundary of Mill Lane, a distance of 2.6t miles more or less; Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. The above County System Road No.84 traverses Suffolk County Tax Map District 1000(Town of Southold), Section Numbers 121, 113, 106, 107 and 100. H. All costs incurred for the maintenance of the Roads under this Agreement shall be borne solely by the Town. - I. Indemnification: a) The Town agrees that it shall, to the greatest extent permitted by law, protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons(the "County Indemnified Parties") from and against all liabilities,fines,penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attomeys'fees,arising out of the acts or omissions or the negligence of the Town in 6 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement connection with the services described or referred to in this Agreement. The Town shall defend the County Indemnified Parties in any suit, including appeals, or at the County's option,pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Town, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. b) The County agrees that it shall, to the greatest extent permitted by law, protect, indemnify and hold harmless the Town and its officers, officials, employees, contractors, agents and other persons (the '"Town Indemnified Parties")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 County in connection with the services described or referred to in this Agreement. The County shall defend the Town Indemnified Parties in any suit, including appeals, or at the Town's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the County, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. End of Text for Article I I r- I. F 7 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement Article II d. The Contractor's failure to cooperate in an Audit; ` County Terms and Conditions or - 1. Elements of Interpretation C. The Contractor's falsification of records or reports,misuse of funds,or malfeasance or nonfeasance In As wed throughout the Agreement: financial record keeping arising out of,or in connection with,any agreement with the County;or a. Words of the masculine gender shall mean and f. The Contractor's failure to submit,or failure to include correlative words of the feminine and neuter timely submit,documentation to obtain Federal or State genders and words importing the singular number shall funds;or mean and include the plural number and vice versa Words importing persons shall Include tines, associations, g, The inability of the Conary or the Contractor to partnerships (including limited partnerships), trusts, obtain Federal or State funds due to any act or omission of corporations and other legal entities, including public the Contractor;or bodies, as well as natural persons, and shall include successors and assigns. h. Any condition the County determines,in its sole b. Capitalized terms used,but not otherwise defined discretion,is dangerous. herein,shall have the meanings assigned to them in the 'Federal"means the United States government, its departments and - Agreement. agencies. - 2. Meanings of Terms "Fund Source"means any direct or indirect sum payable to the As used in the Agreement: Contractor� by the County pursuant to any lawful obligabod. - - "Legislature"means the Legislature of the County of Suffolk. "Agreement" means all terms and conditions henin forering all - rights and obligations of the Contractor and the County. "Services"means all that which the Contractor must do and any part - thereof arising out of,or in connection with,the Agreement necessary "Comptroller"means the Comptroller of the County of Suffolk. to provide the services described in this Agreement. - "Contractor" means the Town, signatory person, partnership, "State"means that State of New York. corporation, association or other entity, Its officers, officials, - employees, agents, servants, subcontractors and any successor or "Suffolk Counfy Payment Voucher"means the document assign of any one or more of the foregoing performing the Services. authorized and required by the Comptroller fns release of payment, "County' means the County of Suffolk, its departments, agents, "Term"means the timeeriod set forth on p page one of the servants,officials,and employees. Agreement,unless sooner terminated as set forth in this Agreement. "County Attorney" means the County Attorney of the County of "Town"means the Town of Southold,its departments,agents, Suffolk servants,officials,and employees. .. "Department" means the signatory department approving the 3. Contractor Responsibilities Agreement. - "Engineering Services" means the definition of the a. It shall be the duty of the Contractor to discharge, gi g practice of or cause to be discharged,all of its responsibilities in the engineering and the definition of practice of land surveying, as the interest of the County in accordance with the provisions of case may be, under Section 7201 and Section 7203 of the State the Agreement. Education Law,respectively. "Event of Default"means b. The Contractor shall promptly take all action as may be necessary to render the Services, a. The Contractor's failure to maintain the amount c, The Contractor shalt not take an action that is and types of insurance required by the Agreoment,•or y f inconsistent with the provisions of the agreement. � b. The Contractor's failure to comply with any q. Qualifications,Licenses,and Professional Standards Federal,State or local law,role, or regulation,and County policies or directives;or a. The Contractor represents and warrants that it has,and shall continuously possess,during the Term,the - C. The Contractor's bankruptcy or insolvency;or required licensing,education,knowledge,experience,and character necessary to qualify it to reader the Services, b. The Contractor shall continuously have during the Tern all required authorizations,certificates, 8 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement certifications, registrations, licenses, permits, and other 8. Engineering Certificate approvals required by Federal, State, County, or. local authorities necessary to qualify it to render the Services. In the event that the Agreement requires my Engineering Services,the Contractor shall submit to the County,no later _ 5. Notifications than the due date for submission for approval of any engineering work product, the Certificate of Authorization a. The Contractor shall immediately notify the ("Certificate"),issued pursuant to§ 7210 of the New York County, in writing, of my disciplinary proceedings, Education Law, of every person performing any commenced or pending, with any authority relating to a Engineering Services. The failure to file, submit or license held by my person necessary to qualify him or the maintain the Certificate shall be grounds for rejection of Contractor to perform the Services. any engineering work product submitted for approval. b. In the event that a person is no longer licensed to 9. Termination perform the Services, the Contractor must immediately notify the County,but in no event shall such notification be A. e. In the event that the County, by legislation or later than five(5) days after a license holder has lost the written agreement, assumes responsibility for the license required to qualify the license holder or the - maintenance of the Roads or an part thereof, this Contractor to perform the Services. Agreement shall,upon thirty(30)days written notice - - 'to the Town, be null and void and of no further C. In the event that the Contractor is not able to consequence as to the specific Road. Any notice _. perform the Services due to a loss of license,the Contractorproviding for termination in accordance with this - ,shall not be reimbursed for the Services rendered after the Section 9 shall be delivered as provided in Section 30 effective date of termination of such license, Without of this Article II:in the e4en£the County does not limiting the generality of the foregoing,if my part of the assume responsibility for maintenance of all-the Agreement remains to be performed,and the termination of Roads,the provisions of the Agreement,and the duties the license does act affect the Contractor's ability to render and obligations set forth herein shall continue in full' - the: Services, every other term and provision of the 'force and effectasmthose Roads. - Agreement shall be valid and enforgeable to the fullest - extem permitted by law. B Upon termination,the Contractor shall discontinue the - Services as directed in the termination notice. 6. .Documentation of Ptofessional Standards 10. Indemnification and Defense - The Contractor shall maintain on file,-in.one location in _ Sufibik County, all records that demonstrate that it has 1. To the greatest extentpermitted by law, the - compiled with paragraphs 4 and 5 above. The address of Contractor shallrotec the location of the aforesaid records and documents shall be p f mdemrvff}, and hold harmless the County,its•agents, servants, officials, and employees from . provided to the County no later than the date of execution and against all liabilities,fines,penalties,actions,damages.. of the Agreement. Such documentation shall he kept, claims,demands,judgments, losses, suits or actions;costs, .maintained, and available for inspection by the County and'expenses -caused by the negligence or any sets or upon twenty-four(24)hours notice, omissions of the contractor,including reimbursement of the - cost of reasonable attorneys' fees incurred by the County, 7. Credeotialing its agents,servants, officials, and employees in any action or proceeding arising out of or in connection with the A. In the event that the Department,or my division Agreement thereof; maintains a credentialing process to qualify the Contractor to render the Services, the Contractor shall h. The Contractor hereby represents and warrants complete the required credentiating process, In the event that it will not infringe upon any copyright in performing that any State credential, registration, certification, or the Services. The Contractor agrees that it shall protect, license, Drug Enforcement Agency registration, or indemnify, and hold harmless the County, its agents, Medicare or Medicaid certification is restricted,suspended, servants, officials, and employees from and against all or temporarily or permanently revoked,it is the duty of the liabilities, fires, penalties, actions, damages, claims, Contractor to contact the Department; or division thereof, demands, judgments, losses, suits or actions, costs, and - aq the case may he,in writing,on later than three(3)days exmx ses arising out of any claim asserted for infringement - after such restriction,suspension,or revocation. of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its b. The Contractor shell forward to the Department, agents, servants, officials,and employees N any action or i. or division thereof as the case may be,on or before July 1 proceeding arising out of or in connection with any claim of each year during the Term,a complete list of the names asserted for infringement of copyright due to the -and addresses of all parsons providing the Services,as well Contractor's actions in carrying out its duties under this as their respective areas of certification,credentialing, Agreement, - registration,and licensing. C. The Contractor shall defend the County, its - agents,servants,officials,and employees in any proceeding 9 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement or action,including appeals,arising out of,or in connection each policy of insurance, other than a policy for with, the Agreement, and any copyright infringement commercial general liability insurance,and upon demand,a - proceeding or action, At the County's option, the County true and certified original copy of each such policy may defend any such proceeding or action and require the evidencing compliance with the aforesaid insurance _ Contractor to pay reasonable attorneys'fees for the defense requirements. In the case of commercial.general liability of any such suit. insurance,the Contractor shall furnish to the County,prior to the execution of the Agreement, a declaration page or 11. Insurance insuring agreement end endorsement page evidencing the - County's status as an additional insured on said policy,and a. The Contractor shall continuously maintain, upon demand, a true and certified original copy of such during the Term of the Agreement, insurance in amounts policy evidencing compliance with the aforesaid Insurance and types as follows: requirements. i.) Commercial General Liability e. All evidence of insurance shall provide for the insurance, including contraetuat liability County to be notified in writing thirty (30) days prior to coverage,in an amount not less than Two Million any cancellation, nonrenewal, or material change in the Dollars($2,000,0110.00)per occurrence for bodily policy to which such evidence relates. It shall be the duty injury and Two Million Dollars($2,000,000.00) _ of the Contractor to notify the County immediately.of spy per occurrence for property damage. The County cancellation,,nonrenewal, or material change in any -. shall be named fin additional insured. insurance policy. -- _. 11.) Automobile Liability insurance(if any f. In the event the Contractor shall fail to provide vehicles are used by the Contractor in the evidence of insurance, .the County may provide,the. performance of the Agreement)in an amount not insurance,required in such manner as the County deems _ less than Five Hundred Thousand Dollars appropriate and deduct the cost thereof fiom any payments ($500,000.00)per person,per accident,for bodily due the Town under this Agreement or any other agreement. injury and not less than One Hundred Thousand between the County and the Town. Dollars ($100,000.00) for property damage per occurrence. & If the Townhos a selRmaurance program under - which it acts as a self-insurer far any of such required in.) Workers' Compensation and coverage, it mal provide self-funded coverage. .and )employer's Liability insurance in compliance certificates or other evidence of such self-insurance sn lieu with all applicable New York State laws and of insurance issued by insurance compaaioa. regulations and Disability Benefits insurance,if. required by law. The Contractor shall famish to 11r,- Independent Contractor the-County, prior to its execution of the -- - Agreement, the documentation required by the The Contractor is not, and shall never be, considered an - State of New York Workers' Compensation employee of the County for any purpose. Notwithstanding Board of coverage or exemption from coverage. .. anything herein,the Agreement shall not be construed as pursuant to §§57 and 220 of the Workers' .. .creating a principal-agent relationship between the County - Compensation Law. In accordance with General and the Contractor or the Contractor and the County,as the Municipal Law §108, the Agreement shall be case may be, void and of no effect unless the Contractor shall provide and maintain coverage during the Tom 13. Severability for the benefit of such employees as are required to be covered by the provisions of the Workers' It is expressly agreed that if any term or provision of the Compensation Law. Agreement, or the application thereof to any person or circumstance,shall be held invalid or unenforceable to any IV.) Professional Liability insurance in an - extent,the remainder of the Agreement, or the application amount not less than Two Million Dollars of such term or provision to persons or circumstances other ($2,000,000.00) on either a per-occurrence or than those w to which it is held invalid or unenforceable, claims-made coverage basis, shall not be affected thereby, and every other term and provision of the Agreement shall be valid and shall be b. The County may mandate an increase in the enforced to the fullest extent permitted by law. liability limits set forth above in the Immediate preceding - paragraphs. 14. Merger;No Oral Changes _ e. All policies providing such coverage shall be issued by insurance companies with an A.M.Best rating of It is expressly agreed that the Agreement represents the A-or better. entire agreement of the parties and that all previous - understandings are herein merged in the Agreement. No d. The Contractor shell furnish to the County,prior modification of the Agreement shall be valid unless in r _ to the execution of the Agreement;declaration pages for written form and executed by both parties. 10 01/18/12 Law No. 12- -00 Town of Southold Inter mupicipal Agreement 15. Set-Off Rights 17. Nonsectarian Declaration The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, The Services performed under the Agreement are secular in but not be limited to,the County's option to withheld from - nature. No finds received pursuant to the Agreement shall a Fund Source an amount no greater than any moneys duo be used for sectarian purposes or to further the and owing to the County for any reason. The County shall advancement of any religion. The Services will be exercise Its set-off rights subject to approval by the County available to all eligible individuals regardless of religious Attorney. In cases of set-off pursuant to a Comptroller's belief or affiliation. audit, the County shall only exercise such right after the finalization thereof; and only after consultation with the 18. Governing Law County Attorney, The Agreement shall be governed by and construed in 16. Non-Discrimination in Services accordance with the laws of the State of New York,without regard to conflict of laws, Venue shall be designated in the a. The Contractor shall not,on the grounds of race, Supreme Court,Suffolk County,the Uuited States District creed, color, national origin, sex, age, disability, sexual Court for the Eastern District of New York, or, if orientation,military status,or marital status: appropriate, a court of inferior jurisdiction in Suffolk County. - i,) deny. any individual the Services provided pursuant to the Agreement;or.. 14. No Waiver - ii.) provide the Services to an individual - - that is different, or provided in a different Itshall snot be.construed that any failure or forbearance of - - marmer, from those provided to others pursuant the.County to enforce nay provision of the Agreement in to the Agreement or .any particulhr instance or instances is a waiver of.that provision.. Such provision shall otherwise remain in full in.) subject individual segregation. force Bud effect notwithstanding any such faiiaYe or separate treatment t in any matteerr related to thea forbearance.. - individual's receipt of the Services provided pursuant to the Agreement;or 20. Conflicts of Interest - iv.) restrict an individual in any way from - any advantage or privilege enjoyed,by others The Contractor shall not,during the Term,pursue a course receiving the Services provided pursuant to the of conduct which would cause a reasonable person to Agreement;or believe t6,@t he or she is likely to be engaged in acts that i - create a substantial conflict between its obligations under i. V.) treat an individual differeely from tee Agreement and its private interests. The Contractor is others in determining whether or not the •'charged wire the duty to disclose to the Countytheindividual satisfles say eligibility or other existence of any such adverse interests,whether existing or requirements or conditions which individuals potential. This duty shell continue as long as the Term. must meet in order to receive the Services The determination as to whether or when a conflict may provided pursuant to the Agreement.- potentially exist shalt ultimately be made by the County b. The Contractor shall not utilize criteria or Attorney after full disclosure is obtained. methods of administration which have the effect of subjecting individuals to discrimination 21. Cooperation on Claims because of their race, creed, color, national origin, sex, age, disability, sexual orientation, The Contractor and the County shall render diligently to military, status, or marital status, or have the each other,without compensation,any and all cooperation effect of substantially impairing the Agreement that may be required to defend the other party, its with respect to individuals of a particular race, employees and designated representatives against any creed, color, national origin, sex, age, disability, claim, demand or action that may be brought against the sexual orientation, military status, or marital other party, its employees or designated representatives status,in determining: arising out of or in Connection with the Agreement, - 1.) the Services to be provided,or -_ ii.) the class of individuals to whom,or the situations in which,the Services will be provided; Of iii.) the class of individuals to be afforded an opportunity to receive the Services. F— L. 11 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement Exhibit 3. Use of County Resources to Interfere with Suffolk County Legislative Requirements Collective Bargaining Activities - 1. Contractor's/Vendor's Public Disclosure statement It shall be the duty of the Contractor to read, become familiar with,and comply with the requirements of Article It shall be the duty of the Contractor to read, become I of Chapter 803 of the Suffolk County Code. familiar with,and comply with the requirements of section AS-7 of Article V of the Suffolk County Code. County Contractors (as defined by section 803.2) shall Unless certified by an officer of the Contractor as being comply with all requirements of Chapter 803 of the Suffolk exempt from the requirements of section AS-7 of Article V County Code,including the following prohibitions: of the Suffolk County Code,the Contractor represents and a. The Contractor shall not use County funds to warrants that it has filed with the Comptroller the verified assist,promote,or deter union organizing. public disclosure statement required by Suffolk County Administrative Code Article V,section AS-7 and shall file b. No County funds shall be used to reimburse the an update of such statement with the Comptroller on or Contractor for any costs incurred to assist, before the 31st day of January in eac8:-year of tho promote,or deter union organizing. Contract's duration. The Contractor acknowledges that such filing is a material,'contractual and statutory duty and C. No employer shall use County property to hold a that the failure to file such statement shall constitute a meeting with employees or supervisors ifthe,, material breach of theContraut,'for which the County shah purpose of such meeting is to assist,promote,:or.. be entitled, upon a determination that such breach has deter union organizing. _ occurred, to damages, in addition to all Other legal remedies, of fifteen percent (15°16) of the amount of the If the Services are performed on County .property, the.. Contract. - Contractor must adopt areasonable access,agreement, a neutrality agreement, fair communication agreement, non- . kequired Form: intimidation agreement and majority authorization card Suffolk County Form SCEX 22; entitled agreement. . -"ContractoesfVendor's Public Disclosure Statement" - If the Services are for the provision of human services and 2. Living wage Law are not to be performed on County property,the Contractor must adopt at the least a neutrality agreement. It shall be the duty of the Contractor to read, become Under the provisions of Chapter 803,the County shah have familiar with,and comply with.the requirements of Chapter 575,of the Suffolk County Code. : the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, This Contract is subject to the.Living Wage Law of the for violations of this Law.. County of.Suffolk, The law requires that,unless specific - - - exemptions apply,all employers(as defined)under service Required Form: contracts and recipients of County financial assistance, (as Suffolk County Labor Law Form.DOL-L01; entitled - defined) shall provide payment of a minimum wage to "Suffolk County Department of Labor–Labor Mediation employees as set forth in the Living Wage Law, Such rate Unit Union Organizing Certification/Declaration-Subject shall be adjusted annually pursuant to the terms of the to Audit." Suffolk County Living Wage Law of the County of Suffolk.Under the provisions of the Living Wage Law,the . 4. Lawful Hiring of Employees Law County shall hove the authority, under appropriate circumstances,to terminate the Contract and to seek other It shall be the duty of the Contractor to read, become remedies as set forth therein,for violations of this Law. familiar with,and comply with the requirements of Article D of Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Suffolk County Living Wage Form LW-1;entitled`Suffolk Law of the County of Suffolk.It provides that all covered County Department of Labor–Living Wage Unit Notice of employers,(as defined),and the owners thereof,as the case ��-- Application for County Compensation(Contra)." may be, that are recipients of compensation from the �. County through any grant, loan, subsidy, funding, Suffolk County Living Wage Form LW-38; entitled appropriation, payment tax incentive, contract, r "Suffolk County Department of Labor–Living Wage Unit subcontract license agreement, lease or other financial Living Wage Cenifieathm/Declaration – Subject To compensation agreement issued by the County or an — Audit" awarding agency,where such compensation is one hundred - percent (100%) funded by the County, shall submit a completed swore affidavit (under penalty of perjury), the form of which is attached,certifying that they have 13 01/18/12 Law No. 12- -00 Town of Southold Intermunicipal Agreement compiled, in good faith,with the requirements of Title 8 of Suffolk County Lawful Hiring of Employees Law Form the United States Code Section 1324a with respect to the LIE-2; entitled "Affidavit Of Compliance With The hiring of covered employees(as defined)and with respect Requirements Of 8 U.S.C. Section I324a With Respect To to the alien and nationality status of the owners thereof, Lawful Hiring Of Employees" The affidavit shall be executed by an authorized representative of the coveted employer or owner, as the Suffolk County Lawful Hiring of Employees Law Form case may be; shall be part of any executed contract, LHE-6; entitled "Notice of Non-Applicability For subcontract, license agreement, lease or other financial Compliance With Federal Law(8 U.S.C. Section I324A) compensation agreement with the County; and shall be With Respect To Lawful Hiring Of Employees." made available to the public upon request, All contractors and subcontractors(es defined)of covered 5. Gratuities employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read, become are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter contract, subcontract, license agreement, lease or other 664 of the Suffolk County Code. financial compensation agreement issued by the County or - awanling-agency,where such compensation is one hundred The Contractor represents and warrants that it has not percent(10034.)funded by the County, shall submit to the offered or given any gratuity to any official, employee or covered employer a completed sworn affidavit (under penalty of,perjury), the.'form of which is attached, agent he the County or the State or in any political party, With, he.purpose or intent of securing an agreement or certifying that they have,compiled, in good faith, with the securing favorable treatment with respect to the awarding': _ requirements Title 8 of the United States Code Section' _ or :amending of an. agreement or the making of any - 1324a with respect to the hiring of covered employees and _ determinations with respect to the performance of an with respect to the alien and nationality status of the gwneTs - agreement. thereof,as thecese may be The affidavit shall be executed . Is y an authorized representative of the contractor, 6. Prohibition Against.Contracting wlth Corporations subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas any executed contmet, Subcontract, license agreement, leaseor other financial compensation agreement between It shall be the duty of the Contractor toread, become the covered employer and the County; and shall be made familiar with,and comply with the requirements of seotlow available lothe public upon request, -A4.13 and ,A4-14 of Article IV of the Suffolk County - An updated affidavit shell he submitted by each such Code. � employer,owner,contractor and subcontractor no later than The Contractor represents that it is in compliance -with January I of each year for the duration of any contract and sections A4-13 and A4.14 of Article IV of the Suffolk upon the renewal or amendment of the Contract, and County Cade. - Such law provides that no contract for whenever a new contractor or subcontractor is hired under . consulting services or goods and services shall be awarded the terms of the Contract. _ by the County to a business previously incorporated within - The Contractor acknowledges that such filings me e the U.SA,that has reincorporated outside the U.S.A. material,contractual and statutory duty and that the failure - to file any such statement shall constitute a material breach �• `ChildBexualAbuse Reporting Policy of the Contract. It shall be the duty of the Contractor to read, become Under the provisions of the Lawful Hiring of Employees familiar with, and comply with the requirements of Article Law,the County shall have the authority to terminate the II of Chapter 880 of the Suffolk County Code. Contract for violations of this Law and to seek other remedies available under the law. The Contractor shall comply with Article B of Chapter 880, of the Suffolk County Code,entitled"Child Sexual Abuse The documentation mandated to be kept by this law shall at Reporting Policy,"as now in effect or amended hereafter or all times be kept on site. Employee sign-in sheets and of any other Suffolk County Local Law that may become register/log books shall be kept on site at all times during applicable during the term of the Contract with regard to _ working hours and all covered employees,as defined in the child sexual abuse reporting policy. law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the 8. Non Responsible Bidder site during such working hours. It shall be the duty of the Contractor to read, become Required Forms: familiar with, and comply with the requirements of Article 12 of Chapter 189 of the Suffolk County Code. Suffolk County Lawful Hiring of Employees Law Form — LHE-1; entitled "Suffolk County Department of Labor— Upon signing the Contract.the Contractor certifies that it = Notice Of Application To Certify Compliance With Federal has not been convicted of a criminal offense within the lest — Law (8 U.S.C. Section 1324a) With Respect To Lawful ten(10)years. The term"conviction'shall mean a finding F Hiring of Employees." of guilty attar a trial or a plea of guilty to an offense c 14 01/18/12 Law No. 12- -00 Town of Southold Intuntuilie4pal Agreement overed under section 189-5 of the Suffolk County Code such plan or policy. under`Nomesponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions 71, Work Experience Participation Prohibited If the Contractor is a not-for-profit or governmental agency - It shed be the duty of the Contractor to reed, become or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work familiar with,and comply with the requirements of Article site for public-assistance clients of Suffolk County pursuant III of Chapter 893 of the Suffolk County Code. to Chapter 281 of the Suffolk County Code at all times - during the Term of the Contract. If no Memorandum of The Contractor shall not use any of the moneys, in par[or Understanding ("MOU") with the Suffolk County t in whole, and either directly or indirectly, received under Department of Labor for work experience is in effect at the the Contract In connection with the prosecution of any civil beginning of the Tenn of the Contract,the Contractor,if it action against the County in any jurisdiction or any judicial is a not-for-profit or govemmentai agency or institution, or administrative forum. shall enter into such MOU as soon as passible after the execution of the Contract and failure to enter into or to 70. Youth Sports perform in accordance with such MOU shall be deemed to It shall be the duty of the Contractor to read, become be a failure to perform in accordance with the Contract,for which the County may withhold payment, terminate the familiar with,and comply with Article III of Chapter 730 , Contract or exercise such other remedies as may be of the Suffolk County Code: - - . . appropriate in the circumstances.All contract agenciesthat conduct youth sports programs 12." Suffolk.County Local Laws Website Address are required to develop and maintain a written.plan or policy addressing'incidiinta of possible or actual concussion or other head injuries among sports program participants. Suffolk County Local Laws,Rules and Regulations am be ' Such plan or policy must he submitted prior to the award of _ saw ssed on the homepage of the Suffolk County a County contract,grantor funding. Receipt of such plan _ Legislature. j or policy by the County does not represent approval or - endorsement-of any such plan or policy, nor shall the - County be subject to any liability in connection with any' End of Text for Exhibit 2 i f F 15 01/18/12 Law No. 12-K -00 Town of Southold Intermunicipal Agreement Exhibit 2 COUNTY AND TOWN AUTHORIZING DOCUMENTS 2-A Suffolk County Legislative Resolution No. 825 of 2011 , "Authorizing the Commissioner of the Suffolk County Department of Public Works to Take Measures to Remove Certain Roads from the Suffolk County Road System" 2012- 2-13 Town of Southold Resolution No. ,"Resolution No. 139 ,dated JAN 31 2012 i r- r t 16 01/18/12 Law No.12- -00 Town of Southold Integmwracipal Agreement Intro.Res. No.1837-2011 Laid on Table 0/15/2011 Introduced by Presiding Officer,on request of the County Executive RESOLUTION NO, $,2S •7019, AUTHORIZING THE COMMISSIONER OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS TO TAKE MEASURES TO REMOVE CERTAIN ROADS FROM THE SUFFOLK COUNTY ROAD SYSTEM WHEREAS, New York State Highway Law § 115,b prescribes the manner In which a County may remove a road or part of a road from tta County road system;and WHEREAS, certain roadways that were placed In the County road system were owned by the Towns or Villages in which thoas roadways are situated;and WHEREAS, duly authorized representatives from the Towns and Mllages in Suffolk County requested that certain roadways be placed in the County road system to make those roadways allgible for State and Federal Aid that is only available to roadways In the County road system;and WHEREAS, the Suffolk County Commissioner of Public Works Is also Suffolk County's Superintendent of Highways;and WHEREAS,the Suffolk County Commissioner of Public Works hoe received and dispersed all available State and Federal Aldfor roadways in the Cootity road system;and WHEREAS, the amount of State and Federal Aid for roadways in the Courcy road system has become insufficient to reconstruct, improve, and maintain certain oadways In the County road system;and WHEREAS, the additional cost for reconstruction, Improvement, and maintenance of certain roadways that were placed In the County road system was funded, In i whole or in part,by the Towns and Villages in which those roadways are situated;and i' WHEREAS, duly authorized representatives from the Towns and Villages have acknowledged to the State of New York Department of Transportation that certain roadways that were placed on the County road system are owned by the Towns and Villages In which those roadways are situated;and WHEREAS, Towns and Villages have been receiving funding from the New York State Consolidated Local Street and Highway Improvement Program for certain roadways that were placed on the County road system;and WHEREAS, duly suthortod representatives from the Towns artd Villages have requested that the County of Suffolk pay the entire cost of reconstruction, Improvement, and maintenance of certain roadways that were placed on the County road system where there is insaffloleni State and Federal Aid to pay for such costs,end t WHEREAS, the County of Suffolk cannot afford to pay the costs associated with i the reconstruction, improvement, and maintenance of certain roadways that were placed in the t County road system;and — F 01/18/12 Law No. 12- -00 Town of Southold Intermnnitipal Agreement WHEREAS, New York State Highway Law § 115-b permits roadways to be rsmoved from the county road system"upon the recommendation of the County Superintendent Of Highways pursuant to a written agreement with the.goveming body of a town, village or city, or in the event that such an agreement cannot be reached with the approval of the commissioner of transportation,the board of supervisors of any County may remove a road Or P80 of a road from the County road system";now,therefore be it 1" RESOLVED,that pursuant to New York State Highway Law§ 1 I",the Suffolk County Commissioner of public Works is hereby authorized to issue recommendations concerning any rosdway(s)contained In the County road system that should be removed from the County road system and returned to the Towns or Villages In which itllhey Islara situated for reconstruction,improvement and maintenance;and be it further 200 RESOLVED,that pursuant to New York State Highway Law§ 115-b, the Suffolk County Commissioner of Public Works to hereby aoHiorizeirlo°anter,into any necessary written agreements with the governing body of any Towns or Villages for roadways). that are recommended to be removed from the County road system and'netumed to the Towns or Villages In which it/they is/are situated for reconstruction,ltnprovemerft and maintenance; and be it further 3M RESOLVED,that pursuent.to Now York State Highway Law§ 115-b,the Suffolk County Commissioner of Public Worksmay make any necessary applications to the New York State Commissioner of Transportation for niadway(s) that ire recommended to be removed from the County road system and returned to the Towne or VNlagee In which It/they Is/are situated for reeonatnuotion,improvement,and maintenance;and be it further 4" RESOLVED, that the Legislature, being the State Environmental Quality Review Act(SEQRA) Lead Agency, hereby finds and determines the!INS action constitutes a Type II action purauant to Section t117.5(c)(2).andlor 27 cf Title 8 of the NEW YORK CODE OR RULES AND REGULATIONS (ti'NYCRR) and within the meaning of Sectibn 8.0108(2) o€the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a 'promulgation Of reg4lations, rules, policies, procedures, and legislative decisions In connection with continuing agency administration, management, and Information collection. The Suffolk County Council on Envsorimental Quality(CEO) Is hereby directed to circulate any appiopdats SEQRA notices of determination of non-appgcabtiity or non-significance in accordance with this law, DATED: OCT 1 12011 I APPROVEDt3Y Coumy E ufive of S Ik Cou Date: OCT 1 9 2011 I 2 F s�� * RESOLUTION 2012-134 ADOPTED DOC ID: 7576 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2012-134 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31,2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.Russell to execute the Intermunicipal Aereement between the Town of Southold and the Suffolk County Department of Public Works in connection with maintenance responsibilities for Town roads previously pledged into the County Road System, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS]. MOVER: Christopher Talbot Councilman SECONDER:William Roland,Councilman AYES: Ruiand, Talbot,Doherty,Xrupski Jr.,Evans,Russell F E F 01/18/12 Law No. 12- -0�1 Town of Southold Intermunicipal Agreement Exhibit 3 COUNTY SYSTEM ROADS IN THE TOWN OF SOUTHOLD .4 c I ` •� g E � � W � v� yy //��"111 i O b ` rn 4' c t C F 10