HomeMy WebLinkAboutL 12692 P 650SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages: 29
Receipt Number : 12-0051540
TRANSFER TAX NUMBER: 11-19909
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
121.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $0.00 YES Handling
COE $0.00 YES NYS SRCHG
EA-CTY $0.00 YES EA-STATE
TP-584 $0.00 YES Notation
Cert. Copies $0.00 YES RPT
Transfer tax $0.00 YES Comm. Pres
Fees Paid
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
05/07/2012
10:21:22 AM
D00012692
650
Lot:
000.000
$0.00
$0 oo
$0 oo
$o 00
$0 oo
$0 00
$0 oo
Exempt
YES
YES
YES
YES
YES
YES
Number of pages
RECORDED
2012 Hay 07 10:21:22 ¢~I'1
JUDITH R. F'ASCRLE
This document will be public
record. Please remove all
Social Security Numbers
prior to recording,
CLERK OF
SUFFOLK COUHP¢
L DOOOt2692
P 650
DT~ 11-19909
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps
Page / Filing Fee
Handling r~lk~. 00
Notation
EA-52 17 (County)
EA-5217 (State)
..P.T.S.^.
Comm. of Fd. 00
Affidavit ~
Other
Sub Total
Mortgage Amt.
t. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointment__
Transfer Tax ~
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # __ of this instrument,
4I Dist. lC, 12009544 1000 12Z00 0200 ODO000
5
Reall Property
Tax Service
Agency
Verification
........................ ~ Improved__
1 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: Vacant Land __
TD__
335 YAPHANK AVE TD __
YAPHANK NY 11980-9608
Mail to: Judith A. Pasca]e, Suffolk County Clerk I 7 [ Title Company Information
310 Center Drive, Riverhead, NY 11901 lCD. Name
www.suffolkcountyny, gov/clerk
/
8 Suffolk County Recording & Endorsement Page
Community Preservation Fund
Consideration Amount $ '~--
CPF Tax Due $ - 0 --
This page forms part of the attached
by:
THE COUNTY OF SUFFOLK
QUITCLAIM DEED FOR COUNTY SYSTEM ROADS
(SPECIFY TYPE OF INSTRUMENT}
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made
TO In the TOWN of SOUTHOLD
THE TOWN OF SOUTHOLD In the VILLAGE
or HAMLETof SOUTHOLD
BOXES 6 THRU 8 MUST BE T~PED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
QUITCLAIM DEED
THIS INDENTURE, made the ~q ~ day of Aer-4t- ., 2012
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,
WlTNESSETH, that the party of the first 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 Intermunieipal 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 lntennunicipal Agreement and in consideration often 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 OF SUFFOLK. NEW YORK
~ssioner, Department'o~Public Works
STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.:
On the Iq~ day of Ae~t~ , in the year 20 IZ , 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(~,n-) executed the same in his(l~w) capacity, and
that by his(he,) signature on the instrument, the individual, on the person on behalf of which the
individual acted, executed the instrument.
edi ,
500
~ Oual[fied in Suffolk
u~mmission Expires
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 alt times for the
update, maintenance and service of their facilities.
Co~untv 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 ~abeled "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 Mitl 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.
01/~18/12 Law No. 12- -00
Town of Southold Intermuni¢ipal Agreement
Exhibit 3
COUNTY SYSTEM ROADS IN THE ~OWN OF SOUTHOLD
20
Intro. Res. No. 1837-2011 Laid on Table 9/15/2Oll
introduced by Presiding Officer, on request of the County Executive
RESOLUTION NO. ~,.,~' -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 afl 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 Slate 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 Supertntendent
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
'1't 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
2"d 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 tt further
3"~ 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
4u' 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 (8 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
County Ex~utive of Su"Cfolk Cou,~y
Date: OCT1
SUFFOLK COUNTY
County Legislature
KIVERHEAD, NY
7'fiis is to Certif~l 77~at .r, TIM LAUBE. Cterk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the odginal resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
October 11, 2011 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
~ ~Vitrtess 34/[tereof, .r have hereunto set my hand and the
official seal of the County Legislature of the County of Suffolk.
Clerk of the Legislature
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 TH~ SOUTHOLD TOWN BOARD ON
JANUARY 31, 2012:
RESOLVED that the Town Board of thc Town of South01d hereby .authorizes and directs
Supervisor Scott A. Russell to execute the Intermunieipal Agreement between the Town of
Southold and the Suffolk Coua~ D. epa, r0n, ent of Public Works in connection w~th
maintenance responsibilities for Town roads previously p/edged into the County Road System,
subject to the approval of the Town Attorney.
Southold Town Clerk
EXHIBIT "B"
01/18/12 Law No. 12- -00
Town of Southotd Intermunicipal Agreement
Exhibit 3
COUNTY SYSTEM ROADS IN TItE TOWN OF SOUTltOLD
2o
01/1[i/12 Law No: 12- -00
Town of Southoid lntermunicipal Agreement
INTER.MUNICIPAL AGREEMENT
BETWEEN TOWN OF SOUTHOLD AND COUNTY OF SUFFOLK
This Intermunicipai Agreement ("Agreement") is between the County of Suffolk ("Connty"), 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 11980-9744; and
Town of Southold ("Town"), a municipal corporation of the State of New York, having its principle
offices located at 53095 Route 25, SouthoId, New York' 11971, acting through its duly constituted Highway
Department located at 75 Pe¢onic Lane, Peconic, New York 11958.
The parties hereto desire to r~move from the County Road System and transfer to the Town, thc 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 Agr.eemcnt: Upon execution of this Agreement by both the Town and the C6unty~ all duties and
obligations to maintain County System Road No. 48, Middle Road and County System RoadNo.'84, Cox Neck
:" Rohd/Mill'N~ck Road, in the Town of Southold, are her~lfiy'~ransfer/ed to the Town in perpetuity. ':- "
Total Cost of the Agreement:.The Town agrees to assume and pay all ~fthe cost~ 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 O. "
Ter~s and Cohfliti0ns~' Shall be as' set forth in Articles [ and I~, and Exhibits I through 3, attavhed hereio and
incorporated herein.
· In Witnes~ Whereof, the parties he~eto have executed the Agreement as of the latest date written below...
EXHIBIT "C"
'3
Town o£Soulhold Int*rmunieipat Agreement
TOWN OF~THOLD
Approved as to Legality:
~' Dennis Cohen, County Attorney
'~ "': ~ast~iSeren ~y~addish
~' ii' '" : ':Assistant County Attorney
1~]007/022
CO~LK .
Approved: Depa~a~'~l~u. blle Works
": l ~il~ert-Anderson, P.E., Conm~issioner '
Recbmmended: ' "
· Highway Division - '
William Hil]man, P.E.
Chief Engineer
. Date:,_2./t~/t
· .- 01/18/12 LawNo. 12- -00
Town of Southold Intermunicipal Agreement
List of Articles & Exhibits .
Article I
Description of Duties and Obligations
Article II
Coun~ Terms and Conditions
2.
3.
4.
5. Notifications
6. Documentation of Professional Standards
.'.. 7.-. Credentialing
8., Engineering Certificate
9. Termination
10, Indemnification and Defense
11. Insurance
12, Independent Cgntraetor
t3, Severability
14, Merger; No Oral Chang'es
15. Set-OffRights
16. Non-Discrimination in Services
17. Nonsectarian Declaration
18. Governing Law
19. No Waiver
20. Conflicts oflntere~t
21. Cooperation on Claims
22. Confidentiality
23. Assignment and Subcontracting
24. No intended Third Party Beneficiaries
25. Certification as to Relationships
26. Publications and PuNicity
27, Copyrights and Patents
28. Arrears to County
Elefaents of Interpretation
Meanings of Terms
Contractors Responsibilities
Qualifications, Licenses, and Professional Standards
29. Lawful I-IJriag of Employees Law in Connection with Contracts for Construction or Future
Construction.
30. Notice
Exhibit 1
Suffolk CounOy Legislative Requirements
1, Contractor's/Vendors Public Disclosure Statement
2. Living Wage Law
.3. Use of County Resources to Interfere with Collectlve Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
01/1~8/12 Law No. 12- -00
Town of Southold Intermunicipal Agreement
6, Prohibition Against Contracting with Corporations that Reineorporate 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
01/18/12 LawNo. 12- -00
Town of Southold Intermunicipal Agreement
- Article I
Whereas, the purpose of this agreement Js to clarify the County's lffnited maintenance responsibility for
town roads, village roads, and other local municipal ronda 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 muds that were plodged 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 an.d County System Road No. 84, Cox Neck Road/Mill Neck Road
(hereinafter "the Roads"), (Exhibit 2-A);
Whereas, pursuant to Town Board Resolution No.~Ot~.- 13q Town Of Southold authorized 'the Town
Supervisor to execute an Inter-Municipal Agreement with the County for the removal from the County Ro~d
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 rospons[bilities 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 TQwn 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 tho 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 marihole covers and catch basins; (h) mowing; (i) emergency callout work,
including traffic accide'nts; 0) pavement markings; (k) street sweeping as necessary, emergencies
and valid citizen complaints; (I) repair/replace wearing surface; (m) repair/replace curb, sidewalk
· and guide mil; (n) maintain recharge basin and repair/replace fence.
D. The Town shall provide written notice to all local police authorities to advise them ol° 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 eaters 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
impair the fights 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.
01./18/12 LawNo. 12- -00
Town ofSouthold Intermunicipal Agreement
F. In the evefit 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
entltIed 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 LIPA~ transmission line-.and the division line b~tweeti.the '
' "..'." .': :. ".. Town of RJ~)i:thead on the'west ahd the Town of South01d on' the east in the vicinity of Aldrich'Lane :.--
in the Hamlet of Laurel; .............
Thence from said Point of Beginning, easterly, through new location, md along the LIPX'
...... "' ' 'tt~fl~mi'ssio~, linb to ~he .vicinity of'the' existing' ir~ti~rsectibn 'of Cox Neck Road and Sound Av~nue~ a
distance of 1.1± miles more or less; .. ':
.... Ex.c. epting also and reserving to any an.d all:utilities !he right of access at all times for the update, .. ....
maintena, nce and service of their facilifi~s~ .... ·
County System.Road No..1t4, Cox Neck Road/Mil! Neck Road .. , -.... -' - . .':
· . All County System Road No. 84, Cox .Neck Road/Mill Road, sitUate in the Town of Southold,. ,..~ ':
County of Suffolk, arid State of New York as depicted .on.the attached diagram labeled "Exhibit 3" : '.:.:
'" and described, as follows: ....... . :'.
"-' ....... .'Beginr[ing at the intersection of the norttiei:!y b°'u'ri.~~, ~'f County Rohd No. 48, S~)und Avenue ..
and the County Sys:tem Road No, 84, Cox Neck Road/MillRoad in the Hamlet of Mattituck;' '
Thence, from said Point of Beginning, northerly,' ~ilohg '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 ali* 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 thc maintenance of the Road~ 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, I'd
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, fmcs, penalties,
actions, damages,~ claims, demands, judgments, losses, costs, expenses, suits or actions and
reasonable attorneys' fees, arising out &the acts or omissions or the negligence of the Town in '-'
Town of Southold Intermunicipal Agreement
connection with the services described or refer~ed to in this Agreement. The Town shalI 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 shal[, to the greatest extent permitted by law, protect, indemnify and i'
hold harmless'the Town and its officers, officials, employees, eontn~ctors, agents and other persons
(tho "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, .
. ; ~ empJ~yee,s; sU.bContraotors or agents, if any, in connection with the services described or referred to · . ~ ...
.' ..-. ... i..... ~ :..~....: .. .... :.'. .:: -
01/18/12 LawNo, 12- -00
Town of Southold Intermunicipal Agreement
Article H
County Terms nnd Contritions
Elements of Interpretation
A~ used throughout the Asroemen~.
a. Words of the masculine gander ~hall mean and
in~lude correlative word~ of foe feminine and neuter
genders and words importing Iht singular number shall
mean and iaclud~ the plural number and vice versa. Words
impori'b~g persons shall include firms, n.~ociations,
partnerships (in~luding limited pettneTsMps}, meats,
corp~ralion~ ~d other legal 'entitle, including public
bodies, as well as natural persons, and shnJI include
~tc~mr~ and assigns.
b. . C.~pita]ir. od ~rms used, bul riot otherwise defined
.her~in, ah,Il have th~ mes~fi~g~ assigned to them in the.
Agreement.
2, Meanings of Terms
As u~ea. in the~A~reemen~:
'~A§reemene' means all terms and condltious herein faming all
rights and oblignffons of the Contractor and the County.
"Comp~'aller" means the Comp~ollar ortho County of SuffolL
"Contractor" means the Te~n, sig~ator~ person, pm'nership,
corporafior~ assooi~on or other entity, i~ o~¢ers, o~cials,
employees, agents, servants, sub-non:rectors and a~y su~eSsor or
assign of any one or more o£the foreg0~ng performing t~e .%trices..
,,County,, moans ~e County of Suffolk, its dep~mentg agnnls,
~rvants, officia[% ~d employees.
"Cunnt7 Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory depnri'ment approving the
Agt~emeut.
' "Engin~rlng Servioe~" means the def'mttio~ of thc practice of
engiaecring and the dcfmltion of practice of had ~urveying, as the
case may be, uadez Section 7201 and Sccfiou 7203 of th= State
Edacntlea Law, respectively.
"Event of Oefaulf' means
e. The Con'tractor's thilurc to maintain the ~ount
md types of L~-ranec ~quired by Lhe Ag~.emen~ or
b. The Contractor's failure to comply with any
F~tera[, S:ate or local law, rule, or regulation, and County
policies or dlreotives; or
The C. enttantor'~ bar~ptcy orinsolvency; or
d. Tho Contractor's fa~us~ to cooperate in aa Audit;
or
e, Th~ Contrac~.r'$ falsification ofggord~
rcpo~, ~u~ of ~n~s, or m~f~ce or nonfc~ce in
~ciM ~cord k~p~g ~s~ out o~ or ~ co~cc~cn
wi~, ~y a~cement wi~ ~ C~; or
f. ~c Cun~ctor's fa~g ~o ~Rbm~ or f~uze to
~cJy submig doc~cn~on
f~; or
g, ~ innbili~ of~c
ob~ ~r~ or Sl~e
lhe ~n~o~ or
~y con~[fion ~o Co~ d~tcmMcs, in i~ sole
"FederaF'.me~ ~ Uhited Stags gove~en~ [~ de~2 ~d '
~und Soe~ee" ~e~s ~y d~e~ et ~di~
Cun~cto~ by ~e CounW pu~u~t~ ~y la~l obEgafiod.
"So.ices" m~ ~[ th~ which
to pmvldc ~e ~lm ~scfi~d in this Ag~ent
"$tat~' me~s ~g StYe of New Yor~ ,' ' .'
"Suffolk Coun~ Paymenl Voucher" m~
sugared ~d rcqu~cdby thc Comp~oller
"Term" m~s ~e ~ ~erioO set fo~ un pqo mm of~e , '
Agr~men2 Unless sooner to.inured
"Town" me~a ~ To~ of S~u~old, i~ d~p~onts, ag~,' '
sc~M, official, ~d employees.
3. Con lractor R~po nslbl~tl~
or cause to ~ dlseh~ged,
~gst of ~e Coun~ ~ accord~ wi~ ~ pmvis~o~ of
b. ~e Con.actor
may be a~cessa~ (o ~nder
c, ~ Con,actor shall not
~is~nt ~ ~e pmvMo~ of~ Agreemen~
Qua~fleati0ns, Lieeuses~ and Profusion al Standa~
a. ~e Co--tar mprcs~n~ ~d w~ ~ it
r~quired [ignsi~, ~du~fio~ ~owledge~ e~ien~, ~d
c~cm n~s~ to qu$~ it to gnder the ~ices.
b. ~= Con~nctor shall ~n~uo~ have d~ing
· e Te~ ali ~quircd au~ofiz~ons,
01/.18/12 Law No. 12- 200
Town of Southold Intermunieipal Agreement
aetiificatinns, registrations, licenses, pennRs, and other
approvals required by Fcderal, SIa~. County, or intel
authorities necessary Io qualify Jt to r~nder tho Scivi~a.
a, The Conlractor shall /mmedlat~ly notify the
County, in writing, of any disclplina~'y proceedings,
commen~d or pendins, with any uuthotiiy ~lating to a
lice, se held by any Ie~on necessary to qualify him or the
Contractor to perform th~ Services.
b. In the event that a person is no longer Ii.mod to
perform the Services, thc Contractor must immediately
notify thc Counly, but in no avco{ shall such nutifieation ba
later Than five (5) days afar a license holder ha~ lost the ·
license required go qualify the license holder or the
Coniracior to perform the Services.
c. In the event thai the Contractor la not able ~o
perform thc Services due to n loss of Iic~asc, thc Con~'actor
.shall not be rcLmbarscd for the .c;ervicas rendered after the
· ' ,' .... :,. ctTecfivo dat~ of termination of such li~*ns¢, Without
. llmlting the generality of the for~golns, if any peri oft~e
' .' :. - .' . Ag~.'~mcot remains to be p~fformed, and the t~minatioa of
the llcenSe does. ant aiTeet the Contrae~r's i, bility't0'render
' ' ' P' 'T '~ ' : ~ ' the~ Services, every other renn and provision of the
.... Agroomem' shall be valid and enf0r~eublc to the fu]3es£
. Documentation of Pl~ofe~ional etnndards ..
10,
Engin~cring Certificate
In the croat that the Algeemcat tequila any Eagiaeerin8
Services, the Con~ctor ~all submit to ~e Co~, no hmr
· ~ ~c do~ da~ for subregion for approval ct ~y
en~ncering work ~duct, thc Cc~/fi~a~c of Au~ori~tion
("~ficatc'9, issued pu~u~t ~ ~ 7210 of ~c New York
Edu~inn Law, of eve~ ~on ~rfo~ing ~y
En~g S~ice~ ~ ~ure to fil~, submit or
m~tsin ~e C~fi~tc zhali ~ ~ouads for ~j~an of
-~y engineering work pmduc~ ssbmi~d for.appwval.
Termination
~ In the event that th~ Couuty, by legislation or
wrii~en agreement, asa~ rcs~bili~ for
~alntcncoce of %he Roads or ~ p~ their, this
:to thc.'Town' be cull ~d void ~d of no
Scaion 9 shall ~ delivered ~ provided ia Section 30
B U~n t~l~ination, ~ Con~tor shali'dis~nt~uc the
Indemnification and Defense
' l~e Contractor shall maintain on file/in.one In.t/on in '. '-.. . ,., , '. 7: ...,
Suffolk Couniy, ~l ~cor~ t~ ~mons~ ~ut ~ h~ , '- .', .', '~. T6 ~= ~cat~at 'ex~nt..p¢~d by {a~, the ,'~
~mplied ~ p~ 4 ~d I ~ve. %c addg~ of CoCa,or s~ll ~t0c~ Mdc~,'and hold h~l~s
.,' ' .. ~e laotian of the ~msuid ~oMs ~d do~cn~ sh~l ~ . .~ ' ' Ce~,. i~ ~ sc~, offi~, ~d ~oyc~ from -
· prodded ~ tho Coun~ no lair ~ tho due ef axe,mien ~d ~a all ~ili¢~, ~es, p~alti~, ~onS,
of ~c Ag~menf, Such documcn~ion shM1 b~ ke~, . c[~s, dem~judgmanls, 1o~, sui~ or
· .maintained, and available for inspection by the County' '
upon twenty-four (24) hour~ notice,
7. Credentialing
a, In the event that the Department, or ~ay division
thereof; maintains a credentialing process to qualify the
Conlzaetor to ~ndar the Services, the Contractor shall
complete tho required credentioJMg process. In the event
~hat an>' Stoic credcnlial, registration, certification, or
license, Drug Enforcement Agency registration, or
Medicare or Medicaid certification is rc~trkt~, suspended,
or temporarily or permanently revoked, it ia the duly of thc
. Contractor m contna thc Department, or division th~roof,
a.q the ca.~ may he~ in writing, no {a~:r than three (3) days
ni~er such resection, suspension, or revocation.
b, Thc Conixactor shall forward to the l~:parimcnt~
or division thereof, as the case may be, on or before July
of each year during the Term, a complete iisi of the names
nnd addresses of nil per~on$ providing the Eerv'{~$, as wail
as thalr respcctivo areas of certification, or~dcnfialing,
registration' end
'ahd/expenses caused by the ncgligen~ or 'any acts or ·
omissions of~th¢ ~ontra~tor, including ralmborsemcntof the
cost of rea$onebk aRomcys' fees/acurmd by thc County,
its agents, survanm, officials, and cmployces in any action
or proceeding an'si;ag out of or in connection with {ho
Agrcemcnt
b. The Conlxaa0ar hereby gpr~s~nts and warmers
that it will not infringe upon any ~opyrighl in Igrforming
the Services. The Contractor agrees that it shall protect,
indgranify, and hold harmless the Couuty, its agents,
grvants, officials, and cmployces from and against all
Iiabilitics, fmcs. panelling, anions, damages, claims,
demands, judgments, Iosscg suits or actians, costs, and
expen.~g a.-i~ir~; o,,:t of-ay claim a.~ed fgr infringement
of copyright, including reimbmement of the cost of
reasonable atlomeys' fees inear~d by tho County, its
agents, ~rvants, officials, ~d cmployces la any action or
pmceedlng arising out of or in connectinn with any elalm
asser~d far infiingemcn{ of ~opyrtgh/ due to the
Contractor's actions in carrying ual its duties ucder this
Agreement,
c. The Contractor shall dsfend thc County, its
ag=t~ ~rVants, officials, and om~lcyeea ia any proe~gc3ing
01/18/12 LawNs. 12- -00
To~rn ofSouthold Intermuni¢ipa! Agreement
11.
or action, including appeals, arising out of, or in connection
with, the Agreement, and any Copyright infringement
proceeding or action, At the County's option, ~g County
may defend any stl~h proceeding or action and require the
Contractor to pay ms,unable attorneys' fe~ for the defense
of any suoh suit.
a. The Contractor shall continuously maintain,
daring the Term of thc Ag~amant, insurance in nmonnt~
~d types as fo£1ow~:
Commercial General Liability
inaurnncc, including contractual llabiliw
coverage, in an anaolant not Jess than Two Million
· Do liars ($2,000,000.00) per oncnrmnce, for bodily
inj~:ry and Two Million Dollars {$2,000,000.00)
per occtimnc~ for prolgrty damage. The County
.simll be nomad ~'additional insured.
ii,) Automobll~ Liability ia~uranc~ (if any
vchklce~ ~re ' u~d I~y' the' Co~tra~or in the
performance of.the ^gr~menO in an ~Fnoant not
less than' Flys Hundr~ Thousafid-Dollars
($500,000,00) p~r g~tson, per accident, for bodily
injury and not less than One Hundred Thousand
DoHars,($100,000.00) for prol~y damage per'
iii.) Workers' · Compematloa
Employer's. LiabiliOd insurance in compli~' ' "' .. -
w~ all'app~c~lc New'Yo~ ~mg laws
rcS~ation$ ~d ~l~abll~ ~u~b insur~, ff.
~u~ed ~ law. The Co~cmr s~l ~h t0 : l~. ,
· v'Cunn~, prior m.-JB :~ufi6n of ~: .'.-. .'.... ' .... · ,. ' : ~ : , ·
A~cmcn~ ~ docum~fi~oa ~qu~ ~ ~ '. - ~., '.-' %¢ Con~ is no~ ~d shall ncv=r
gta~ of New York Worke~' Co~pe~a~0n-., .- ~:: '.' ~ employe~ of ~ Coun~ for any p~ac. No~i~t<dlng
Bo~ of eowrage or exempt~n ~om coverage.. . :;:. ~ytMng herein, th~ A~ement sh~[ not
p~ re ~57 ~d 220 of &= Wo~¢ra' ,' · ..; .,::-., ': ~:-~g a prMcipg-~unt glafion~p ~ean
10
Compensation Law. In accordance with O~neral
Municipal Law §IOR, thc Agracment shall be
void and of.no effect unless th~ Contraotor shall
pmvida and maintain coverage during thc Term
for the benefit of such employees as ar~ required
tO be covered by the provisions of the Workers'
Com~nsafiun Law.
iv'.) Professional Liability insurance in an
amount not leas fium Two Million Dollars
($2,000,000.00) on tither s per-cc~urrenee or
claims-made coverage basis.
b. The County may mandate an inc~ns~ in the
liability limits set forth above in thc immedisi~ pr~eedlng
paragn~phs.
e. All policies providing such coverage shall ba
issued by insurance companies with an A.M. Beat rating Of
A- or bctt~r.
d. Tho Contractor shall furnish to the county, prior
to the ex,cation of tM Agr~:ment; d~cinratian ptgns for
tach poli~y of [nsurance, otMr than a policy for
comm:rciaI ganeral liability insurance, and upon demand, a
true and certified original oopy of each such policy :
evidanoing complianc~ with the aforesaid insurance _.
r~quircmants. In the ease of commercial, genend llabi]ity
insucance, tie Contractor shall furnish to ~he County, prior ·
to the cxeoufion of' the Agreament~ a d~alaratioa page or
insuring agreement and endorsement pagc evidanciag tho
County's status ~ an additional insured on mid policy, and
upon demand, a ~ and cor~L,-'ied original copy of such
poli~y evidencing compliancy wilh thc aforesaid tnscrane~
re~ulremeots.
e. All evidanee of insurance shall p~-ovlde for the
County to be notified in writing thirty (30) days prior to
any ea~ncelintlon, non:renewal, or mates'iai chang~ in thc
policy tO which ach evidance r~lates. It shall ba the duty
of the Contractor to holily the County immediately o£any
cafie~[latlo~,~nonrenewal, or material change ~.'any' '...
.. '... insufim~,~quh'~d in such manner $ the County d¢'e~' ' · i -
· .. '. · · ' appi'opriaie 'and ¢taducl thc cost ~reof flora any paymenis
.. '.:' due)he Tow~ findc? ~his .Ag~t or any ofhar a~reemo~t r
~ ~ betWec.n tho County andth¢ Tow~. . .
g, If ~he Town ~a$.~ self-~auranee program andei' :
whi~:h it 'act~ :~s a 'sclf. instirer ~'or any of such ~qfiJrad
coviraga, it ma~' provide s~lf. fanded cov,~rage..and :
certificates or ot~r evi&n0~ of suoh seLf-insurance .~'lieu '
of'insaranee issued by insurance oamplmie, s,
Independent Contractor .... - ,
and th~ ~cotrnetot or thc ContractOr and ~o Count, ~ the
13. Seve~hili~
It ~ c~m~ly ~d ~t ~any ~ or pmvisian of~e
Ag~em~nt, or ~ application ~e~of to ~y ~rsan or
cim~s~, eh~l be h~ld invalid or ~o~o~nsbl~ to ~y
~ng the mmalndes of
ofsu~ ~ or provision ~ ~ans or c~c~cc$ o~r
&~ ~osa m to whinh it is held ~valld or u~nfor~abl~,
sMll hal ~ affected tMr~by, ~d eva~ o~er te~ ~d
provgian of
eafor~d ~ ~e ~t ext~t ~ined by law.
14. Merger; No Oral Chang~
It g cxpr~ly ~m~d ~at
endm ~meat of ~e g~ies ~d that ~1 parlous
~dera~dings ~e he.in ~ed ~ ~ Agreement No
m~ificalioa of
~Een fo~ ~d ~ecot~ by bo~ p~es,
01/18/12 Law No. 12- -00
Town of Southold Intermunicipal Agreement
16.
Set-Off Rlgh~
The County shall have alt of its common law, equital~le,
and statutory fights of set-off. 'These fights shall include,
but not be limitnd to, the County's option to withhold from
a Fund Source an amoaut no grater th~ any moneys due
and owing to the Count7 for any reason. The County shall
exercise its set-off tights subject 1o approval by the Count7
Attorney. [n c~e~ of set-off punmant to o Comptroller's
audit, the County shall only exercise snob right at~r tl~
fieaLization thereof; and only aRor ~onsullafion with the
County Attorney.
Non-Dbcrimtaatlon In Serv]c~
a. Tb~ Contractor shall not, tm the groun~a of rae~,
· .. ~recd, color, national origin, sex, age. disability, sexual
..orieatm~on, military status, or marital sta~:
L) deny.:-any, individuaJ the .Scrvk~:.s
provMed per.ant lo Ihe Ag~eemeal; or ,. r"-
ii.). · . provld¢ the Service~ to an Individual
that is dhTerent, 0~' provldad in m differed!
rammer from those p~o~id~ ~ others
tit.) su~ect.an indMdual tn ze~gatio~ or.
separate ~ett~e,! in any mailer rel~cd to thc
Jndivldnal's receipt' bf' the' Services provided
pursuant t~ the Agreelacet; or
, iv,) reatrlol an'hdivldual in ~my wa)'.from
any arleen{ago or privilege enjgyad, by othar~
· receiv~g ~e Services zovided pursuant to t~e
Agreement; or : , . · ,
v.) m:a~ au hldi~idua{ differeafl{y from
othnrs, in determining 'wbet~er or no~ ~h¢
individual sii~iaflea rely ~li~iblli~y br oiher
17. Nonsectarian Declaration
Thc Serviccs performed under the AgTcemcat are ~ccolat in _.
natut*. 1'4o funds received putsumt to thc Ag~cmaut
bc used for sectarian purposes or tu further thc ::
advancement of auy religion. The Services will be
available to all eligible {ndividnsls regardless of religious
belief or m':filiatio n.
18. Governing Law
The Agreement shall be governed by and construed in
accordance wllh thc laws or,he S~m of New YorL wi~out
~g~d tO ~ct oflaws. Venue shall ~ dcsi~ated in
Sup~me ~u~ Suffo~ Count, ~e Uni~d Stems
Co~ for ~ Eastern Di~ct' of New York, or.
~c..Cp~ .~, ~nfor~. ~y pmv~ion of ~e A~emcfl/
. .', '... :., -~Fliev¢ [hOt he or she i~ likely lo be engaged ia ants LMt'
creat~ a subn'trtfifl conflict b~n i~ obli~o~ under
-.- ~c Ag~m~ ~d ira pilate iu~ Thc Con,actor is
,.:j, :' ..::.""p~g~:.~ ~e du~ ~ dianlo~o to ~e Co~'~c
' :e~st~n~e' 6r~y sue~ ad~r~e ~tcmsu, whaler ex sting or
gquir~mcnts or conditions k, hich ind/vidual~ pbtential.. ThLq duty shall continue as long ~ thc Term.
mug ~et ~ Order to ~*ive the. Sc~{~ ' ' "" ' ' .... ~e ~on ~ to whaler or wh*n a coatilct may
pmvJdnd puget ~ ~e A~em~t ~nfially cx~ skall uft~tely ~ made by ~c Co~
~c Con~or ~lt not ~ ofi~fia or A~omcy~r~ll~elo~ ~o~incd.
mcthod~ of administmttun which have the effect
of subjecting individuals to diserLrrfination
bemuse of ~ek men, creed, ~[or, national
origin, s~. age, di~abJli~, ~xual orien~tiun,
milieu. ~am~, or m~it~ s~ms, or have ~e
'eff~ of sub.tinily imputing ~ Agreement
~ r~spe~ ~ ~div[du~s of a p~.ul~ ~.
e~ eoinr, nation~ orlg~ s*& ge,
sex~l o~on, m[l[t~ ms, or m~i~
L) ~e Se~i~s ~ ~ provided, or
iL) ~e elas~ of indMd~s to ~om, or the
almaffon~ ~ whio~ ~e Se~ioes will ~ provided;
or
Ill.) ~e el~s of ~dMd~b to ~ affo~ed
21, Cooperation on Oaima
The Central:or and the County slmll render diligently to
each other, 'Milieu: compensation, any and ail cooperation
thai may bo mqulred to defend the other party, ils
employees mud dcsia;nalcd repsescataliv~ again~ any
claim, d~mand or action that may be brough{ against thc
other party, its employ~ or designated reFte~ntatives
ax/sing out n£ or in cozme*tion with th*. Act*truant.
11
01/18/12 Law No. 12- -00
Town of Southold Intermunieipal Agreement
Exhibit 2
Suffolk County Legisiatl?e RequircmeM$
Contructor'~lVcudnr's Public Disclosure Statement.
It shall be the duty of tho Coalraetor to r~ad, become
familiar with, and comply with 'the requimmant~ ofse~t/an
A$.7 ofArtinle V of thc Suffolk County Ccd~.
Unless certified by ~n officer of the Castrator aa l~ing
' exempt from the r*qulmment~ of s~oticn A~.7 of Article V
of the Suffolk County Codu, the Contractor r~presents and
warnm~ that it has filed with thc Compeller the verified
publin disclosure statement re~luircd by Suffolk County
Adminislralive Code Ar0cln V, section A~-? and shall f'tle
ea upd~e of such statement with the Comptroller on or
bcfor~ thc 31st daj of January in c. acliT year -of ~ '
Contract's duration.. Thc Contractor ucl~owiMgds thai
such filing is a metcrial,'nonlractua] mhd atatuthW duty end
'~hat the failure to file such statement shall c, oaatituto a
material brc~cl~ 0fthe~Cbntrae~'~'or which Ibc County shall
be entitled, upnn a determiner/on, that such breach has
. oectm'~d, m darnugcs; :in. addition to s.[I :Other lcgnl
., ' r.:mcdias, Of ~u%cn pcrccfit.(l~%) of thc mount of thc
Conlr~ct. -.
Reqaired Form: :.
Suffolk County Form. SCl~ 22; entitled
"Contraator's/Vendor's Public Disclosure $1atement"
Living WageLa~
It shall be ~c duty 'of the Contractor to v:nd, bec. omc
familinr with, ~nd comply with.thc r~qulremcnts of Chapter
575, of the Suffolk County Code.. · '
This Contract i~ snb. i~t 1~ the~l~iving W~gn Lnw of the
County of Suffolk. The law r~lUlms that, unl~a~ Sl~oific
· exemptions apply, all employers (as defined) under service
contraets and r~cipicnls of County fintncial
del'm~} shall provide payment of n minimum wage to
cmploye~ as ~t forth ia th* Living Wage Law. Such rat*
shall be adjusted ~nnually pursuant to the terms of the
Suffolk County Living Wage Law of tho County of
Suffolk. Under Ihe provisions of thc Living Wage Law, the
County shall have the ~'thority, under ~pproprlnte
cimumstances, to tcrmtnnt~ the Conlcaot and to seek other
remedigs as set forth therein, for violatio~ of this Law.
Required Forms:
Suffolk County Living Wage Form LW-I; entitled "Suffolk
County Department of L~bor - Liviug Wage Unit Notic~ of
Application for County Compe~t~mion (Contract)."
Suffolk County Living Wage Form LW-31I; ~mtitlcd
"Suffolk County Depm'tment of Labor -Liviag Wage Unit
Living Wage Certification/Declaration - Subject To
AndiL'
13
4
Usc of Courtly Resources to Interfere with
Collective Bargal:ning Aetlvltle$
It shall I~ tho duty of thc Contractor to rend, be~omo
familiar with, and comply with thc requirements of Article
I of Chapter 803 of the Suffolk County Code.
Count~ Contractor~ (as dd'med by section 803.2) shall
comply with all mquircmcnls of Clmpter 803 of~c Suffo~
Co~ Code. Mc/ual/ag ~e following prohibitiom:
a. The ContoUr shall not use Coun~ ~nds
~alst, ~omo~, or deter ~ian org~g.
b. No Coun~ ~d$ shnll bo mod to mimb~ the
Con~or for ~ ~s~ ~c~ed to
~romolc, or de~r union
e. No cmploycr shall use ~ p~ to ~old
meeting with cmpl0y~ or
If ~e' Sc~t~S ~ ~ffomed on ~an~ gm~'~, the/'.
' C~or must adopt a 'r~onabIe
· nan~W ~meu~ ~r ¢omm~tlon ~menh non-
~fi~i~on a~cman~ ~d a m~qri~ a~hgri~on .~d
~e~nt
If th~ Se~in~ ~ for the pmv~ian of hum~ se~i~s and
~ not to be ~ffomcd on ~an~ pmp~,
m~ ad0p~ at ~ Ie~ a
Hndar ~ pray{stone of~apt~r 803, ~* Coun~ ~Mi have
tho au~o~, ~ndcr app~pr/~c c~um~ce~, to ~min~-
· e Cannot ~d ~ seek oth~ ~mc~ ~ set fo~ ~¢rcM.
Requl~d Fom: ':
SuffoA Co~W ~or Law Fo~. DOL-LOI ~nfitl~d
"8~olk Co~ ~p~nI of Lair- Labor Mad~tinn
Un~ Union O~g Ce~fi~do~lmtion - Subjea
to
Lawful Hiring of Employees Law
It shall be thc duty of thc Contra_tear to r~ad, become
familiar with, Ired comply with thc r~quir~mcnt* of Artlulc
H of CImpter 353 of the Suffolk County Code.
Th~ Contract is subject to the LawfiJt Hiring of Employees
Law of the County of Suffolk. It provides that all covered
cmphrycra, (as dcfmad), and thc owners thereof, as the case
may ~e, ~kat ar~ recipients of compansstinn from thc
County through any gram, leas, s~uhsidy, funding,
appropriation, payment, tax /neentlvc, con~'a~t,
$11bcoulracL license agreement, lease or other financial
compematiun agr~mant issued by thc County or an
nvyal~dlag agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
comp]cecal swam affidavit (under panalty of perjury), thc
form of whleh is attached, ce~fylng that they have
7"
01/18/12 LawNo. 12- -00
Town of Southold Intermunieipal Agreement
complied, in good faith, with tho requirements of Title g of
tho United States Code Section 1324a with respect to tho
hiring of covered employees (a~ defined] and with respect
to the alisa and nationality stems of the owners thereof.
The affidavit shall be executed by an authorized
representative of the covered employer or owner, aa the
case may be; shall be part of any cxeouled contraog
aubunntnmt, license agreement, lease or other firumciat
compensation agreement with the Coanty; and shall be.
mnd~ available to the public upon request,
All contractors and subcootractor~ (n~ defined) of covered
employers, md the owners thereof; as the case may be, the!
are assigned to perform work in couneotion with a Canary
contraoL aub~oummt, tic~n.se agrunmant, leas~ or other
financial compunsatinn agreement issued by ~he County nt
awarding'agency, wh~re subh compunaafion is one hundred
peroent (100%) funded by tl3e Counvd, al:all submit m the
Suffolk Count~ Lawful Hiring of Employeea Law Form
LFiE-2; entitled "Affidavit Of Compliaaco With The
Rcquigments Of 8 U.S.C. Section 1324a With Respeot To
Lawful Hiring Of Employees"
SUffolk Coun~ Law~l Hiring of Employees Law Form
Llq~-6; entitled "Notice of Non-Applicability For
Compliance With Federal Law (8 U.S.C. Se:fica 1524^)
With Respect To Lawful Hiring 0fEmployeea."
5. Gratatties.
It shall be the duty of the Contractor to read, become
familiar with, and eompty with the requirements of Chspta'
664 of the Suffolk County Code.
The Con,actor represent~ and warran~ that it has not
offered or given m~y gratuity to any official, employee or
¢oycrec~ employer .a completed sworn affidavit (under agent 0f te Co~ or ~ Sm~ or of
pe~ of, ~rjh0),',..~hc'.'.fom of w~eh is ~eh~,
requi~6n~ ofT[el0}8 oft~a United St~ Cod~ Suntion .' . · ,--. ~ ,.or ~undi~ of ~ ~nent or '~e ~ng,iof a~y
1324a M~ r~[t to ~e hiring qf~vemd employees ~d detem~aflons w[~ ~s~e~ to the peffom~ of a~
by ~ a~o~d mp~s'cnmflvc of the ofn~t°h'- .. '. '6, ..Prohlb~bn lgainst.Con~etisgwl~ Co~omflons
submn~etor, or omar, ~ ~e c~ may ~; *h~t b~ ~ of " _. that R~neo rpo~l* Ovemeas '
'[~e. or ,o~er ff~aci~ ~mp~tion ~eemunt b~ It ~l ~ th~ du~ of ~e C~ctor
· e ~ve~d e~ployer mfi ~e ~un~; ~ s~ll ~ amc ~il~ ~. ~fl rumply ~ ~mqui~cnts ofse~t~o~
available Io~egubl[~upon~e~l. . . ; .. .A4-13 and .A4-14 of ~cle ~ of ~e Suffo~ Coun~
An up~d affidavit s~ll be ~bmi~d by e~e~ ~ ' . , -Cod0. . ~
upon the ~ne~ br ~ent of lh~ Con.e; ~d .. . : Coun~ ~. ' Such law p~v]fies that 'no eo~et
whenever a new ~n~c~r or ~bc~or is hi,drYden.' , , consul~8 ,er~s or g~ and ~iccs zh~l
th* Iema of~e Con,act. : . , · . .. i. -% by ~e Coun~ to a business provb~y
: ~ ' : : : tho U.SA. t~t h~ rein~orated aural& ~* U 3.A."
The Contraotor ac~owlMges &at such filin~ ~ a
m ill* ~y suoh siatgm*nt shall gonffimt* a material broach 7. : Child Sex~aI,Abule Rgp0~ing P011ey '
afdc ~n~a~. It shall ~ the du~ of ~ Co~etor ~ ma{ become
Under ~e ~vlsinm of ~ ~ul Hir~g of gmployuns fmili~ ~, ~d comply with ~e mqu~mems of A~iele
Law, ~ ensue shall have ~e a~ofi~ to ~m ~e ff of~r 880 ofth~ ~uffolk
Con,asr for viola~o~ of this hw and to seek o~*r ~ Coametors~ ~omply wi~icle ffofC~r 880,
mm~ies av~l~lc ruder ~e law. o~ ~e S~olk Com~ C~e, en~fled "~ld S~xml Abuse
~ domenmfion maned m b~ kept ~ ~ law shall.at Reporting Poli*y." ~ now ~ effe~ or
~11 t~es be kept on aR*. Employg sigw~ shg~ ~d of ~y o~r Suffolk Com~ ~cg Law tMt may ~*om*
regi~er/log boo~ sMII be kept on site at all t~ d~g applicable during $* tee'of the Contra with gg~
wang houri ~d all mvamd *mploya~s. ~ defined in ~* ~ild s~ugl abm* g~g poli~y.
law. shall ~ m~uked to si~ such sign-in
sh=etffrcgiat~/log ~o~ to indiaa~ ~*ir pg~ng on ~e 8. Non R~ponslble Bidder
sitr during su*h wo~g houm. .
11 shgl ba th~ d~ of ~ Con,near to rea0, become
Required Fores: fmili~ wi~ ~d rumply with tbe r~ukmcnts of A~icl*
H of Chap~ 189 of~e Suffolk Com~ Co&.
8uffo~ Coun~ ~w~l ff~fing of Employees Law Fora
L~-I; entitled "Suffo~ ~un~ Depm~nt of Labor - Upon ~i~g ~ Conm~g ~
No~ Of~ppltoafion To C*Ri~ Compline Wi~ F~ h~ not bern convimd ora orimn~ offe~ wi~in
~w (8 U.S.C. See~oa 1324a) W~ Res~ot To La~l ten (10)y~. ~ t*m "movideo" sh~lm*~
H~ng of Employe~s." of~i[~ ~ a ~1 or a plea of~ to
14
01/.18/12 LawNo, 12- -00
Town of Southold Intermunicipal Agreement
overed under sscfion 189-5 of the Suffolk County Code
under "Nontesponsible Bidder."
9. Use of Funds in Prosecution of Civil Actions
Prohibited
It shah 'be thc duty of the Contractor to read, become
familiar with, and comply with the r~quimments of Afficle
Ill of Chapter 893 of the Suffolk County Code..
'13.e Contractor shall not us~ any of the moneys, ia paxt or
in whole, and either dite*tly or/ndireofly, received under
the Contract In connection with the pro.~eution of/my civil
act/on against th~ Coanty in any jurlsdictian or any./udiclal
or admiMsa'atlve forum.
t0.
11.
suoh plan or policy.
Work Experience Participation
If the Con/ract~r i~' a not-for-profit or govern-menial agcuuy -"
or institution, each of the Conlraotm's Iocat/or~ in the
County at which the Ser¢ices a~c p~ovided shall be a work
silt for public-nsslstanee clients of Suffolk County pursuant ;
to Chapter 281 of the Suffolk County Code at all times
during the Term of thc Cairn'act If no Mcraoratldum of :
Undct~landing ("MOU") with thc Suffolk County
Department of Labor for work experience is i~, cff~ct at thc
beginning of the Ter~ of the Contract, thc Contractor, if il
is a not-for-profit or govemmanml agency cr institution, !'
shall *nter into such MOU as soon as possible aRet the
cxccutlon of the Contract and latium to enter inte or to
Youth 8porls perform tn aceontancc with suoh MOU shall be d~emed to
' b~ a failure to p:rform in acoordanue with the Coalxsch for
It shall'l~ the duty of the Contractor to read, become which the County may w/thhold payment;terminate the
familiarwlth,'andi:°mply'withArtiele HI°f Chapter 730, .,' ..... C6alract oi'~ex*mis~ such other remedies as may be-.' . . ;
· of the Suffolk County C6de. ::. ~ . : := ?-::..:.
. All ~ntrac! ageneles.that conduct youth sports pmllrnms
ate tequired.'to dev6lop"aad malatatna written, plan or-~.
policy eadr*.*slng'in6!d~'nt~.o£P°s~ibl, or e6mal concussion.
or other head injmics amodg spprts program particip~ts.
Such plan or poli~ mast'be.submitt~ prior to :he award ot~.
a County ¢ont~, 8ma~:Or funding. R~ipt of mi'ch plan
or policy by the County'd~a not represent approval or.'
· ador~ement- of'any mc}/ plan or policy, nor shall the
C~anty be subject ~o any llabth'ty M connection, w/hh ~y:.,
End bf Texi'for Exh!bii 2
12, "" S~ffol~'Conn~yLocalLawsWe?sitcAddreze .- ....
Suffolk County Lo.ual LaWs, Rules and Regutafiom
aerated' off' the humepage "of the Suffolk
· Lcgi$1m'ure. , .
15
01/J8/12 Law No. 12- -00
Town of Southold Intermunicipal Agreement
Exhibit 2
· COUNTY AND TOWN AUTHORIZI~NG DOCUMENTS
2-A Suffolk County Legislative Re~olution No. 825 of 2011 , "Authorizing the Commissioner of the
Suffolk County Department of Public Works to Take Measurez to Remove Certain Roads from thc
Suffolk County Road System"
20~.2-
2-B Town ofSouthoid Re~oluflon No. ,"Resolution No. 134., dated 0aN 31 2o~.2 ""
16
01/18/12 Law No. 12- -00
To~n of Southold Intermunicipa[ Agreement
Intro. Res. No. '1837-20tl. Laid on Table g/'~5/20t
Inh'oduced.by Presiding Officer, on request of the Ct:uht¥ Executive
RESOLUTION NO, ~&,.~ -20'['t, AUTHORIZING THE
COMMiSSiONER OF THE SUFFOLK COUNTY DEPARTl~ENT
OF PUBLIC WORKS TO TAKE r~EAaURES TO REMOVE
CERTAIN ROADS FROM'THE SUFFOLK COUNTY ROAD
SYSTEM
WHEREAS. New York Slete Highway Law § 11~.b pres;:ribes the manner Irt
which · Courtly may re,eYe a mad or part of a road from its County reed ey~ilem~ and
wHEREAs, main roadways that w~re plaoed tn the County road system
owned by the Town~ or ~llages. ln which those roadways are sttuel~ arid
WHEREAS, duly authc~rlzod representer, ives from the Tova~ end Villages
'Suffolk Counly requested that certa/n roadways be plea:ed In the C~unty road system.to
those roadways eligible for'Blare and-Federal AM that I$ only available to roadwa!/s In.the
County road system; and
WHEREAS, the suffolk Couniy Commissioner ~f, Pubt!o We?ks b 'also Suffolk
· Cou. nty's ~[uperlnte?tdent of Highways; ar, d
WHEREAS, the Suffo k County Commissioner of Publl~ Works has receives and
dispersed at{ available State and Federal Aid'for roadways in'the County read syste~.'~ arid
WHEREAS, the amotJnt of Slate arid Federal Aid for roadWayS irt the County
road system has beoeme Inau~anl t0 reconstruct, Improve, en~ mslr~taln ce~f. alr~ roadways tn
the County roa~ system; and.
WHEREAS, the addillona! cost far reconslructinn', Improvement, and
maintenan:ce of ceftaln roadways that were placed~ In the County load system wee funded, in
whets or in ~ad, by.the Towns and Villa§es In whloh those roadways are situated;
WHEREAS, duly autho.dzed r~prase~atlves from the Towns and Villages tlave
acknowledged to the Slate of NeW Yock Department of Transportetlort Ih. at certain roadways
that wen placed on the CotJ~y road system are owned lay the Towns and Villages t~ which
those roadways em situated; and
. WHEREAS, Towns sad V~lagea have been receding funding from th~ New.York
State Consolfdated Local Street and Highway improvement Program for ce!lain roadways' that
were placed on the County.road eystem; end
WHEREAS, duly authorized representatlve~ fram the Towns and Villages have
requested [hat tJ~ County of 'Suffolk imY the.entire cost of mcenstruction, Improvement, alld
maintenehCe of certain roadways th~t were placed on the County/{)ad system where ~ere
'insUflir. Jent ~[a[e an~ Federal Aid te pay f,~r ~ch :oats,
WHEREAS, the county el suflojl~ carmel afford to pay the coats associated with
the reconstruction, improvem'em, and maintenance of certain roadways that were placed In the
County road system; and
01/18/12 LawNo. 12- -00
T6wn of Soutbold Intermuniclpal Agreement
WHEEgA$, New York State H~ghway Law § t15-b permits madway~ to be
removed from the oounty rosc~ syslem 'upon the reconlmendation of the County Superintendent
of HIg~'twaya pursuant i:o a wri[ten agreement with thegovemJrLq body ora town vii;age or
or In the eveol that such an agreement cannot ~ reached w~h the' approveJ 'of
commissioner of transportation ~le board of supervisors of any ¢oUn~ may remc~v~ a road
pert of a road from the Counly mad system'; now, therefore be it
l*~ RESOLVED, lttat pursuant to N~w York 81ate Highway Law § 1 '~5~, ~he'Suffo~
County Commisslohar of Publlo Worf~s is hereby authorized .to issue recommendations
concarrtlng, any roadway(e) conteJ'ned In the CoUnty road ~ystem ~at about'el be removed from
the County mad system alld returned to the Towns or Vfflag~s Io w~lloh it/they Islare situated
reconstruction, improvement, and ma!ntenance; end I~e.l( further
- . . , RESOLVED, that pura'~'~tnt to [~ew York Slate Highway Law § l'~5-b, the Suffolk
· .County Commf~ioner of Publi~ Woi'ka Is h~mby"~ii~lhbrize~'k~e~ter, lnto any necessary w?itte~
egreement~ with the governing body of any Towns or Villages far roadway(s)'that am
-' re~,'~inmend~:to' be removed f/om 'the C0tml~ macf system and:'retumed to the Towh~
Vl~tagee In which it/they i~fare sffusted for reCOnstruction tml~roveme~, an~ maintenance;'
be it further
3'~ .: .. '.RESOLVED, that pumuani.to New York 8tats Highway Law § '~'J ,~-b," ftys Su~fo~
CoufttY.. Commies/otter of Pub/lo Works re. ay make arLy rtece~a~Y, ap~c,a!ione' [o ihs New
Slate commtr~icnar of Tmntportattbn for'r~Klway(s) that'~re'recomme~ded 'to be return, ed
from (he. County 'rind 'system and'returned t6"ths ToW~ 6r V~lagea In which II/they Is/are
situated fo~ reconat, ru~on, improvement, and ~nalntenance:'and be it furthec
4~. .. ' RESOLVED, that the Laglslalure,;be~g lhe:~lale EnVlronmenlal QuaJitY Review
- ,~ct (SEQRA) Lead ^gooey, hereby fl~a.ancl determines that'this ac'don constitutes a Type
action pursuant to Section 61 ?.5(c)(2).and/or 27 of Tit~e 6 ,of' the NEW YORK CODE OF RULES
AND REGULATIONS (6'NYCRR) and within'the m~anl~g' ~f Se~n ~-010g(2} of the NEW
YORK. ENVIRONMENTAL CONSERVATION"LAW 'as 'a 'PI'emu/gallon E regi,!latlon% rures,
poli~es,, p?ocedures, and legislative decisions Lq Connection wllh cunt]nulng agenoy
administration management, and fnformallon collection. The Suffolk County C:oun~/I on
Environmental Qualily (CEQ) is hereby cflrectad to circulate any ~oprlste SEQRA halloas ~
determination of non~plica~lltty er non-slgnilioancs in aocerdance w~th this raw,
OCT I I
APPRO~ ~
County Ex'~'u'~'e of
Date: OCf t 9 2011 ~'
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 &at the Town Board &the Town of Southold hereby authorizes and directs
.Supervisor Sco~t A. Russell to execute the Inter~..u. nicip..al..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 o£the Town A~tomey.
· .
'.- :~. .... ~ Elizabeth A. Neville. '
:.. ' · Sou~hold Town Clerk' '
RESULT: · ADOPTED.[UNANIMOUSJ.. · ·.
~MO3~R: Christopher Talbot. Councilman SECONDER: Williarn Ruland,.C0uncilman
AYES: Ruland, Talbot, Doherty, Krupski Jr.,' EVun~, Russell
01/18/12 LawNo. 12- -00
Town of Southold Intermunicipal Agreement
Exhibit 3
COUNTY SYSTEM ROADS IN THE TOWN OF SOUTHOLD
2O
PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM
INSTRUCTIONS: http:lA~vw.orps.state.ny.us or PHONE (518) 474-6450
'" RP-5217
....... / , ,
PROPERTY INFORMATION I
~iofl S~E~ NUUBER ' ~m~r N~ ~ ' -
..~ 3. Tax
Billing
Addmm
I
7. Check the box below which most accurately describes the use M tim property mt the ~ma of asia: Ched~ the boxes bMow ~s they apPIIK.
t Ownership Type ia Condominium []
e, I~ One Flmi,¥ Re,idanlrial i ~ A~licultura, i.1~ C ,tyService a. Now IL"".onatruGtl Vac.~nt land I~l ..... .. ~' ....
B LiI 2 or ) Family R~sidential IF.'. Commercial Industrial IOA. Property I.c~3tL, d within ar! Ag~ultural District []
C ~ Re~idantial Vacant Land Apart'meat Public Sorvic~lr(4~&) lOB. Buyer received a di~l ..... et(ce iFdicmtino []
D I I Non.Re~idenLial Vacant Land Entertainment / Amusement Fereat / that h property is in an Agricultural District
.... 0,o,ol
13, Full hb Pr~e i , , _, ,
!
IFull Sale I~ice is the LGtal ,mount ~id ~or tho pro~ including ~rsonal pro~.
1L m~ the ~lm ~ ~m m m r r m . m
m
m ASSESSMENT INFORMATION - Data should refm.~ the lam; Final ~sessment Rolm and Tax Bill m
m
m
E Jl~ Deed Type not Warranty et Bargain and Sale (Specify Below)
F I~1 S$1e of Fntc6op$1 or Le~ than Fee Interest (Srmci~ Below)
J I I None
! !
1LYesrofAsesesmentlMIIfmm i , 117, TotalAaee~[mdVaJueloflllpercebintrenderlI
which InforlnlitJon taka1
1.. ~ Cines I (-~.fl .b'--I I 1,. ~dtoM Diet,et NaHm I ~
;0. l'u Map Idleb'BedM ! Roll Idifltilhfll} Iii ram then bur, ettar, h sheet ~ additional I~[el!
I I I I
I CERTIFICATION I
I ~.tlf) ,h~t MI ~ (h~ ~ of b~orl,,~ ,~t~ ,m th~ r,,~m er~ i~ lind oJmxl ii. die I~,1 Iii' my kmmledse and ht~t4') nod I undermmd dim die rlhlldil~
id' iii)' ~illful false ~m~ent .d' zmierbl rim ~ ,~ill mbjcd r.e I,~ Ih~ pro,.~sions d' the peal hw ,dadYe tn die nt~Jcltt~ .md IiUn8 of I'~,e In..m'L~
BUYER
BUYER'S AI'rORNEY
I NEW YORK STATE
COPY