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HomeMy WebLinkAbout1000-35.-1-25 (2)Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5 GO Affidavit Certified Copy Reg. Copy Other __ Sub Total Deed / Mortgage Tax Stamp FEES Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot 1000 035.00 O1.00 025.000 Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0~' Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Ileld for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO If NO, see appropriate tax claase on page # __ of this instrument. Comtnunity Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Satishctions/Discharges/ReleasesListPropeflyOwnersMailingAddress RECORD & RETURN TO: Charles R. Cuddy,Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 TD TD TD [ S [ Title Company Information [~o. Name [~itie # Suffolk County Recording & Endorsement Page This page fonns part ofthe attached Covenants and Restr_i~tions (SPECIFY TYPE OF INSTRUMENT) Peconic Landin9 a~ Southold~ Inc. Thepremiseshereinissituatedin SUFFOLK COUNTY, NEW YORK. made by: TO In the 'Fownship of Southold In the VILLAGE or IIAMLET of Grcenpert BOXES 5 THRU 9 MUST BlS I~'I'ED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made and dated the. ~ ~ day ot*~, 2000, by PECONIC LANDING AT SOUTHOLD, INC., with an office at Main Road, Southold, New York 11971, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, PECONIC LANDING AT SOUTHOLD, INC. is the owner in fee simple of certain lands located on the northerly side of New York State Route 25, Greanport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 035.00, Block 01.00, Lot 025.000, and more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of the granting of said approval, the owner has deemed it necessary, for the best interests of the Town of Southold, the owner, and the interests of the surrounding community, that the within covenants and restrictions be imposed on said parcel, and that the within Declaration be recorded in the Suffolk County Clerk's Office. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant for the purpose of carrying out the intents above-expressed does hereby make known, admit, publisix, covenant and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon ail purchasers and holders of said premises, its successors and assigns, to wit: 1. That the Declarant will preserve and maintain the external design of the structures known as Brecknock Hall, the existing barn, adjacent garage and greenhouse which are located on the property described in Schedule A. Page 1 of 4 2. That Declarant's efforts to preserve and maintain the character of the present structures will not preclude exterior or interior renovation to provide for the safe and efficient use of the structures. 3. That any substantial proposed change in the exterior design of the structures shall be subject to approval by the Southold Town Architectural Review Board. 4. That the use of Brecknock Hall, the existing barn, adjacent garage and greenhouse shall be determined only by the Declarant, its successors and assigns. 5. That the within Declaration can be modified only at the request of the owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold a~er a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant above-named has executed the foregoing Declaration the day and year first above-written. PECONIC LANDING AT SOUTHOLD, INC. 'STATE OF NEW YORK C~ OUNTY OF SUFFOLK William G? Thompson~, President SS: I EDWARD p. ROMAINE, CLE OF THE STATE OF RK OF THE COUNT DO HER NEW YORK IN AND Y OF SUFFOLK A EBY CERTIFY TH FOR SAID COUN ND CLERK OF TH . DEED LISER .,~ .~, ,J ~,A~ I HAVE COMPAR=r, .,. .... !'~Y (SAID COURT S~..,,-, - ~E_SUPREME COURT AND THAT IT i~ AT PAGE ~-~ ~:AN_N_EXEDCOPy '-"'~'(';OURTOFRECO - S .. ~,,.,oT ~ ? OF RD ~"~AVION AND OF THE WHOLE IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND COUNTY AND COURT THIS ~ f~ DAY OF./~_(~,~t ~,AND AFFIXFD THE SEAL OF SAID SCHEDULEA All that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a granite monument found on the no[therly side of Main Road (NYS Route 25) at the southwesterly corner of land now or formerly of John Abadiotakis and Christian Abadiotakis, formerly of ri. Dwight Ripley, being the southeasterly corner of the premises herein described: RUNNING THENCE from said point of beginning South 66 degrees 01 minutes 20 seconds West along the northerly side of Main Road (NYS Route 25), 634.76 feet to a monument found and land now or formerly of Jerry H. Schofield and Frank Justin Mclntosh; THENCE along land now or formerly of Jerry H. Schofield and Frank Justin McIntosh the following four (4) courses and distances: 1) North 11 degrees 31 minutes 10 seconds West, 210.00 feet; 2) North 19 degrees 16 minutes 00 seconds West, 344.00 feet; 3) South 65 degrees 47 minutes 10 seconds West, 213.37 feet; 4) South 19 degrees 16 minutes 00 seconds East, 550.15 feet to the northerly side of Main Road (NYS Route 25); THENCE along the northerly side of Main Road (NYS Route 25) the following two (2) courses and distances: 1) South 65 degrees 23 minutes 50 seconds West, 285.49 feet; 2) South 66 degrees 36 minutes 40 seconds West, 589.52 feet to land now or formerly of JEM Realty Co.; THENCE along land now or formerly of JEM Realty Co. the following four (4) courses and distances: 1) North 41 degrees 39 minutes 10 seconds West, 1084.54 feet; 2) North 65 degrees 07 minutes 50 seconds East, 376.40 feet; 3) North 32 degrees 29 minutes 10 seconds West, 982.87 feet; 4) North 32 degrees 57 minutes 20 seconds West, 426.81 feet to the approximate high water mark of Long lsland Sound; THENCE along the approximate high water mark of Long Island Sound the following fourteen (14) tie-line courses and distances: 1) 2) 3) 4) 5) 6) 7) 8) 9) North 55 degrees 13 minutes 20 North 40 degrees 13 minutes 18 North 48 degrees 59 minutes 18 North 53 degrees 12 minutes 47 North 33 degrees 06 minutes 38 North 25 degrees 04 minutes 36 North 49 degrees 30 minutes 59 North 64 degrees 30 minutes 21 North 55 degrees 49 minutes 13 seconds East, 41.44 feet; seconds East, 162.82 feet; seconds East, 156.47 feet; seconds East, 85.49 feet; seconds East, 156.54 feet; seconds East, 352.41 feet; seconds East, 81.53 feet; seconds East, 163.50 feet; seconds East, 172.29 feet; Page 3 of 4 10) North 65 degrees 46 minutes 13 seconds East, 154.46 feet; 11) North 45 degrees 07 minutes 11 seconds East, 135.34 feet; 12) North 55 degrees 35 minutes 02 seconds East, 214.28 feet; 13) North 45 degrees 33 minutes 00 seconds East, 362.94 feet; 14) North 27 degrees 45 minutes 52 seconds East, 504.31 feet to land now or formerly of Floyd F. King., Jr.; THENCE along land now or formerly of Floyd F. King, Jr. the following fourteen (14) courses and distances: 1) South 30 degrees 10 minutes 40 2) South 31 degrees 03 minutes 40 3) South 28 degrees 19 minutes 30 4) South 13 degrees 46 minutes 30 5) South 27 degrees 56 minutes 50 6) South 00 degrees 19 minutes 40 7) South 01 degrees 34 minutes 00 8) South 03 degrees 40 minutes 00 9) South 00 degrees 04 minutes 20 10) South 05 degrees 18 minutes 40 11) South 00 degrees 39 minutes 30 12) South 01 degrees 45 minutes 00 13) South 07 degrees 02 minutes 00 14) South 76 degrees 49 minutes 10 seconds East, 926.10 feet; seconds East, 300.01 feet; seconds East, 89.61 feet; seconds East, 33.68 feet; seconds West, 65.47 feet; seconds East, 179.94 feet; seconds East, 300.20 feet; seconds East, 100.00 feet; seconds West, 172.71 feet; seconds East, 100.93 feet; seconds East, 100.15 feet; seconds East, 434.17 feet; seconds East, 40.19 feet; seconds West, 155.11 feet; THENCE still along land now or formerly of Floyd F. King, Jr. and along land now or formerly of John Abadiotakis and Christian Abadiotakis, South 24 degrees 34 minutes 30 seconds East, 805.00 feet to the northerly side of Main Road (NYS route 25), the point or place of BEGINNING. Page 4 of 4 ;;~.GOflDED ~ ~quLre ~, ~tl~ 247 og ~e Jfleludi~ ~g, my ac~ire ~ f~ deoeri~ In ~ule A, plots, pieces o, p&rcels of land as set forth end describ~d ~.,~. shell sand, gravel or other miser&ts be storod ~ the use. herein p~rmltted, ·nd to do ·~l ·uoh ~hlngl thereon, not expreofly forbidden her·i'm, (d) All right, interests and privilege~ Of the Greutor iff the pr·silts uot herein Ipeoificllly · refit·d, transferred and conveyed, rennin /nd re·id· with -4- inm'olved and shall not be dee~ to limit the continuing into account and limited by the £altrictio~l {Iqt(med by thil IC~lC Miwnt, ill in ~cco~{~ce with {~te o~ I~ {o~k ~., I. Thin ~re~nt .hall ~ ~tu~l U4 Ikll k i ~1~ ~t r~ning v/th the l~d ~d Ih-U. ~ ~i~ ~ ~e North Road (State Route 25)I runnln9 thence alo~j the corner o£ t~o pretlfnN being deNerlbed berel~ ~int ii dli~in~ the foll~J~ Novon ~r~o corMr ~ h~ of J~ ~lty Co~ BRBCKIIO~C /d I~OC IA'I'~ On th~ /~ d~y or ,g~,Y..a,~4a",f, 19S3, before me perooflally ovorn, did depose end ooy thor he reoidel it~. .. Iold, Mgtlilud~'; N~ YoFkj thit he La ~ I~rVll~ of the I: ~ ~ S~, the ~ici~l ~r~et/M ~i~ in ~ '~ ~ich ~ut~ the for~ol~ inot~tl ~t ~ the seol of seid mnicl~l ~reei~ ~et b mi ~fitd b This Agreement made this 26Lb day of April, 2000, by and between the VILL~E ©F GREENPORT, ~ tm~.Icipa!, corporation havin~j its office and p~incipal place of busi;less at 2~6 Third Streeg~ Crsenport, New York I19~4, herminafter called the "VILLAGE", and PECO~%'i.C L~,~IDIMG -~kT SCUTH'DLD, !NC., a :~ew York Corporation, %~ith offi. ce and principal plaoe of business at Route 2~, $outh[-~d, New York llg'~k, here:inaftar c,~]Led the "0WI~ER..~ WITNE$ SET~.H WHEREA~, r. tla ':OW,~.~ER. is abou: to censtruct a Life Care Cc~%q~n'~ity Project known as '~PECONIC L~4E',ING~' on its wh:ich it presei%tZy owns, located on the nortkerly sid~ of Route 25, w~:ick is more p&rticularly described in So~ledule "k" hereto annexed; sai~ da~dr~.be:~ propergy is Cot the cons%ruction oi 118 cottages for single family occupancy, 132 apartments in a 2~ story buildinw, 4g beds i~'~ a skilled nursing unit, 26 assisted /ivmng ~nzts and a single buildin~ co~zli~y oen~eI', WHEREAS, said ~'O~ER" represents ~hat the SUFFOLK CO~'i'Y WATER AUTHOR~q~ shall, furnish all of the water supply needs for ~he afc~resai~ project; and WHEREA$~ sale1 "G~ER',, at its sole cost and expense, con~*~z~ct on its premises sewa,~e mains and sewage coli. ection lift sta~ion($~, on c~rtain ri~h~-of~.way and portions of th& as gener~i]y sho,~)~ ~p~ report c~ ~YLOR ENGINEERING dated June provide zhat the Fc~rce Main would: be made o~ a four inch diameter ductile iron pipe, and in conformity wi~.h plans and spec£fications which are ttz be approved by the "V~LLAGE", and as ~nay He amended ffrom ti.me tc time during th~ course of consr, ruction; and WHEREAS, said "CWNER" shall construct and install the complete sani2ary sewage syste'~, all of wl"~Jeh w~ll be merged with tke sewage sys[em of the "VILLkGE" for tke projecK called "£:ECONIC LANDING" as ]o(:i~ed on the premises ntore parKiculariy described in Schedule ~k,', and to trans[er and convey same to the "VILLAGE" upon eompleticn o~ said sewage system, and to give and procure easements for the main[enance of said sewage system, and :~[.her appurtenances for Lhe proper operation of the aforesaid s~w~g~ collection system; and WHEREAS, U.S. RetiremenK Coram'~nitiee, as agent for "OYSTER" has secure~ final approval for said proDect from the Sout~old Town P!annir.~ Board; and WHEREAS, no ~inal approval has ye~ been secured f. rom the Suffolk County Depar~menK of Health for a sewa~qe collection sysZem, the "VILL.AGE~ will ass3. st in securinq such approval upon :h~ [ ~.~rms and conditions hereinafter sta~ed. ~<]w, THEREFORe,, in consideration of the premises and covenanr.~: herein it ~s m'~tual]y agreed as follows: FIRST: The "OWNER" agrees ~o install, an izs own cost and expense, on t~e propsrKy described in Schedllle "k", a sanitary sewmge collection system including, bu[ no~ limited to sewage mai~ts and ].irt etaEion(s) for the proper collection of sewage 2. ~rom the pr¢~jecE as £,utlined in the Mayl(~r Engineering Re.Doff, as alne~ded, wiEh ~espec~ to paragraph VII thereof on page 13 of 24 pages to provide [hat the Force Main be .u%ade of a ~our inch diameter Ductile TI'on pipe %;hich is attached hereto as Schedule SECO}rD: All necessary engineering and construction for the i~]suai!ati.~n of the complete sanitary sewage system on the property of t%'~e "OWNER", as well as from the connection at the "OWNER'S" property, across and along State Route 25, along Bailey Avenue, to the "VILLAGE'S" existing sewage main on Atlantic Avenue, Greenport, New York, shall be a~ the sole cost and expense of the "OWNER" and the responsibility of the latter tc perform and construct, same. The foregoing shall be referred to as the "WCR[", which shall be designed and constructed by the "OWNER" and/or its subcontractors. The ~'WORK" shall be ii1 acao~.dance with the plans and specifications prepared bv the "OW~ER'S" Engineer, to be approved by ~he "VILLAGE~ S" Engineer in writing before the "OWNER" com~%ences the "WORK". %~HIRD: The oost and/or fee to the "OWNER,~ ~or the privilege 5o connect its proj~.ct to the Sewage ?rea~ment Plant .Df "VILLAGE" shall he in the amount of $2,326,082.00 and specifically cover collection and se~er treatmenu service for 255 units consist:Lng of 118 cot~2ages for single family occupancy, 132 apartments in a 2~ story building, 44 beds in a skilled nursing uniE, 26 assisted ~iving units, a sin~31e building community c~nter, and xxo other add!~.~ons and iu~provements, payable as follows: $1,693,582.0C by bank or certified check, payable tc 3 ti~e VTLI~GE CF GREENP0RT upcn the "CWNER'~a closin9 its bank mortgsge construction iean~ whioh shall bm no l~tar nhan the ~lSt day of Dece~er, 2000~ ~nd $6~2,500.00 to be paid by execution cf an i~stallmer~t bond and/or note bearln~ interesg g~e rare oC seven and three-fourths (7~) parcent per annum, payable over a term of ten (i.0) yearm~ in monthly installments of principal and interest each in the sum oC $7,590.6~, co~encin~ l~llirt], {A0~ days from the date o~ closin~ its aonst~ction loan~ thc principal balance of 5he said note on Bn installment due date may bm paid in full, upon ~i~teen {15) days~ written notice to the Obtz~ee~ To secure the pa~.eng of said bond and/or note, t~e Obligor simulr, aneously with the executzon o~ said cote shall execute a mortgage in proper fo~ for recording in the Suffolk County Clerk's Office of the premises d~scribed ~n Schedule to this A~reement. ~e sai~ mortgage shall be subordinate only to a first mortgage ccnstruction loan amd/or IDA financing against t~e premises described in Schedule "A" and to no other mortgage exec~r, ed or to be executed by or in behalf of the Obligor a~ainst said pren~i~es. The "OWM~R" shall pay ~he expe~ses of a mor~ga~e~ titl~ search and titl~ pelicy issued by a ti~!e com. pany ~icensed to do business in Suffolk County, New Ycrk, mortgage taxes, recordin~ ~ees and preparation o~ th~ bond and/~r note and morngage docun%ents. That in the event the 'o'm~]E~'' fails to close its construcsion loan ~org~a~e for any ~eason whagsoever on or b~fore the 31st day of Dece~er, 2000, and %~e pa~ent of monism due ghe "VILLAGE" under ~his k~reament are in de~autt, the ~will~ssrve" letter issued pursuant to pi{legrap~ THIRD (c) shall be deemed null mud void and of no force a~.ld effects, and the ~aortgage and ~his Agreement shall be cancelled. In add~.~;ion %o all mf the payments required in this paragraph "TNIRD", said "OWNER" shall upon the execution of shis Agreemmnt deliver ~.o ~he "VYLLAGE", the followin~ listed docu~%ant m: (a) A sufficient number of executed Discontinuance of Action by i,B:; PROPERTIES v, VILLAGE OF GRREN~ORT ~T AL. under Suffolk County Ir~dex No. 88-5731; and (b) A letter prepared and signed by the attorneys for LBV t'.ROPERTISS, which sets forth their consent to the discontinuance of the appeal file~ and ~ow pendin~ by the VILtAGE O~ GREENPORT ET AL. under Docket No. 99-06039; and {c) Tile "VILLAGE" simultaneously herewith shell deliver: (~) a "will-serve" letter for sewer collection an~.l treatment services in the form heretofore approved by the Suffolk County Department o~ Health; and (2) a copy of the Naylor Engineerin~ Concept'ual Engineering Design Report. submitted June 5, 1998 duly endorsee, a~ amended, wi~.h the "VILLAGE'S" approval. FOURTH: The "VILLAGe" reserves tile right to expand its sewer collection system by the installation of gravity mai~%s at tt~e ~¢ek~'~ination o~ the force ma~n ~ns~allmd by the "OWNER". ~ The gravity mains, if installed by the "VILLAGE", would be at its FIFTM: .111 '~WORK', shall be inspected by the "VI£.I~A.~E" which hereby designates its Village Engineer ct his designee, with -~ull power of inspection here~ander. The "OWNER" will grant agcess for pu. rpo~ea of inspec?-o:~ Eo al.k pares (Df the pres'].scs ~r:d the "WORK". The ,,¥?£LL~2E" shall ~ave 5~] au=li[~rized inspector at: si[~ att auch c~mes aa it dee~ necessa~A/. ~c, backfilling shall be ~ons unti.! the pipe and the '~WORK" in tbs 5renches have approved a~d tested (~r prior pe!~.Lssion ~.as been o]t3tainad fro~ the inspector. ~:e ,,OWNER" ~gre~s to pay the "VILLAGE'S" Ccr ail inspection ~eas cnar~]ed by the "VILLAGE'~, which costs shall be based on an hourly charge ~o Be s%~bmisted to the pericdical!y in advance cC tk~e inspecEior~s~ sIX~: The '~OWN~R" agree[-], upon wriz~en approval of the cc,~[pleted "WCRK" Dy the "VILLAGE" and co~p!iance wish all other provisions of this Agreement, it wi.l[ fo~lly dedicate to the "VILI~E~', and ~he "i;ILLA~.E" will accept, the entire Mandatary sewa?e collect]on system, i~cl~din~ but ~]ot limi. ued to sewer mainu, lift statiun{s} and appurtenances, f'~e~ and clear of all ~t'~'~'~ and convey to, the "V[L,I~GE'~ easements and rights-of-way the ~>urp~sm of layings, relaying, repairing an~ maintalnin~ sanitary sewage c~i. lection facilities and appurtenances, and any othez' ri. this-of-way and ea~em~naM, uhe "VILL~.GE~' needs or req'uir~.s for hook-up oC the system to its othe~ sewage mains and treat.~%e~t plant. The aforesaid right~-of-way and easements sha]l extend Cive (5} feet on either side oJ th~ sewer ma,.ns r.o Ds J_nstaLl~d purs~an~ to 5bls Agreemen%, Nhether or '~]ot such d~.stance sha]_l be wire, ia the roadway. The sewer m~ins, lift eta.lion(s), appurtenances, easements and rights-of-way shall be perpetuity. The easements granted herein are not exclusive; P. owe~z~r, no other poles, cabl~-s or structured are to be set withim seven feet of. either side of a sewer main, If utility, sewer or other services ne~]essarily CrOSs the water resins, the "OWNER" will advise the .VILLAGE" in writing of the exact location o~ such ~ntersection, and upon Jnsta!lation shall supply maps to the "VILLAGE'~ showin~ ~he exact locations. Said intersections shall not be pez-mltted without the prior written consent of the "VILLAGE", which consent shall not be unreasonably withheld. Upon the ded~..ca~ion of the sanitary sewer collection ~ystem to the "¥!LLAG~'~, 5he "VILfi~z~GE" shall ~here~fter take over the operation and maintenamce o~ ~he pump ~tation and the force mains ~ownstream to the "ViLLAC~E" sanitary sewage treatment plant -].ncluding all repairs and replacements thereto at, its sole cost and expense. The "OWNER" shall be recp/ired to operste, take care of, mainta~E, r~palr aud rel~lace, a5 its sole cost and expense~ Lhe entire network of pipin~3 and fixtures wit, bin and to the ~aeilities cC the cor~pl, ex, SEVENT.q: IC the "WORK" congemplated in this Agreement ~or' installation cfi the sewage collection sysgem shall be done in sta%~,~.s, it is mutually a~reed and und~.rstood that al! speczfimati~ns and re~erences t.c material used for the construction of- said system and the "WORK" to be completed r.k~r~on will be chanoed to c~*~nform to the then current standards set by the "VILLAGE". The "VI[~LAGE" wi5]. ~'~otifiy the "OWNER" of any changes ~rom ~he plans and specifications which have been previously approved by the "¥ILLAGg,. Should the "0WN~R" d~sire to lay the mains or sewage collection facii~ties in sections, separate constr~ction ccntrncts may be let if mn the opinion of the "VILLAGE" Engineer such ~ections will provide for th~ proper sewage collection in conformance with the overall plan. EIGHTH: Upon comp]etion, inspection and approval of "WORK", the "VILLAGE" shall operiAr, e the sanitary sewa_ge collection system to the project, and ~he individnal owners of the cot. rages and the buildings. The "VILLAGE" shall charge the rotes applicable pursuant to the rules and regulations of the "VILLAGE" to othe. r custo~.~ers of the "VILLAGE" who are located and/or r~eide outside of the incorporated limits o~ the %'illage of Greenport. NINTH~ This A~eemen~ con[a~ns the co~%plete understandin~ and a~reement of the parties for th9 acquisltJon by the "VILLAGE" of the sewage collection system and i~s hook-up to uhe "VILLAGE" sewage ~reaument plant.. ~£he "OW~E~t'~ agrees that ir.. will no~ make any claims a~ainet the "VILLAGE" cn account o~ the installation an~ conveyanc~ of che s~.wa~e collection system, monies paid on con~ract to the ,,VILLAGE', and accepr, anca of this Agreement, notwithstandmng the provisions of any general or special law to r.he contrary which may or may not be enacted in U]:~e future. TENTH: This Agreement shall enure to the benefit and shall bind the respective heirs, legal representatives or successors an.~ assigns of '~he par~.ies hereto. EL~VE}~FH: This Aoreement shall not be ~ssigned by ~he "OWNER" without the consent in writinF of the "VILLAGE". IN WI'~EOoS WHEREOF, the p~ar~ies have executed this Agreement 8 four (4) or±ginals, counterparts, all of which shall constitute Lhe day and year first above written. VILLAGE ©F GREENPORT PBCONIC LJ~NDING AT SOUTHOLD, INC. Ray~ond ~. ' Vice-President ~TATR OF NEW YORK) ; SS.: COUNTY OF SUFFOLK) On the 26th day of April, 2000, before me perscnally came DAVID E. KAPELL, to me known, %~ho, being by me duly sworn, did depose and say that he resides at k43 SixLh Street, Greenport, New ~ork; that h~ is the Mayor of the VILLAGE OP GREENPORT, the m~m~cipal corporation described in and whic~ e×ecu[ed the £oregoing instrument; that he knows the seal of said corporation; ~ha~ [he seal eo affixed to said instillment is such corporate seal; that it was so affixed b~' order of the board of trustees of said corporation, and that he signed his name thereto by like order. Notary Public CHARLES FL CUDD¥ Notmy Public, State ot New Y~'k No, ~B?~Z2~ Oullftfled in Su~ik Cou~ STATE OF NKW YORK) COL~NTY OF SUFFOLK) On the 26t~1 day of April. 2000, before me personally came R~YMOND C. WESNOFSKE. to me known, who, b~in~ by me duly swQYn, did depose and say that he resides at Br/dgeha~pton Road, Bridgehamt~ton, New York; that he is vice-president of Peconic La~ing at Southold, Inc., the corporatioi~ described in and which executed th~ forsgoin~ instr'~tment; that he knows the seal of said cor~:cration; tha~ the seal affixed to said instrument is such seal; that it was so affixed Dy crder of the Board of Directors of ~aid corporation; ai~d tha~ he si§ned his name thereto by like order. Notary Public (:~RLE8 R. CUOD~ FIo. Quln~ in 8Ld~slk C~i~y 10