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HomeMy WebLinkAboutL 12738 P 683 11111111 IIII IIIII IIIII Illll IIIII IIIII IIIII IIIII IIII Illl 1111111 IIII! 11111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/31/2013 Number of Pages: 30 At: 04:19:39 PM Receipt Number 13-0094101 TRANSFER TAX Ni7MBER: 12-29550 LIBER: D00012738 PAGE: 683 District: Section: Block: Lot: loo0 117.00 oe.oo ole.oo2 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $150.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $255.00 TRANSFER TAX NUMBER: 12-29550 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ?1 2? ' RECORDED 3~ 2013 Jul 31 04:19:39 °f9 Number of pages J1JE:~iTM R. PRSCRLE CLERK, OF SUFFOLK G~11NTV This document will be public L DOO01~73$ record. Please remove all P E03 Social Security Numbers GT# 12-19550 • prior tv recording. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES ~ ~ Mortgage Amt. Page/Filing Fee 7 1. Basic Tax Handling 20. 00 _ 2. Additional Tax TP-584 ~ Sub Total Notation SpecJAssit. l~~ or EA-5217 (County) Sub Total Spec./Add. EA-523 7 (State) TOT. MTG. TAX ~,y Dual Town Dual County R.P.T.S.A. _ _'"A~, Held for Appointment Comm. of Ed. S• 00 ~ ~ ~ Transfer Tax + . Mansion Tax AfFldavit _ The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 G_ family dwelling only. Sub Total Chi YES or NO Other Grand Total r ~ If NO, see appropriate tax clause on r , I ~ page# of this instrument. ?1~/^, 4 Dist. 1000 5 ~ 5 Community Preservation Fund 13019574 iaoo li-roo asoo oieollalI2 Tax Sernce R CWl•i p, R qge oy ~ P T S3 III1~I~lu~1~~lllh~l~l~~~~ll~~~lll~~~~~~llfl ~ CPF Tax Due Amount $ O 24-JUL 1 Verification ~ - f~ - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Peconic Land Trust, Inc. TD 296 Hampton Road P.O. Box 177b TD Southampton, New York 11969 TD Attn: Timothy J. Caulfield, Esq. Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name Advantage Title Agency, Inc. www.suffolkcountyny.gov/clerk Title # 13-CS-46276 g Suffolk County Recording & Endorsement Page This page forms part of the attached Deed Of Conservation Easement made by: (SPECIFYTYPE OF INSTRUME Robins Island Holdings LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Peconic Land Trust, Incorprated In the VILLAGE or HAMLET of New Suffolk BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 ! ~ ~ ~0 Apt! fo ~q~ Po ~ ~ l Y s dti ~ Il ti~ T~~ y ~u~e r~, Ul' DEED OF CONSERVATION EASEMENT THIS DEED OP CONSERVATION EASEMENT (hereinafter referred to as this "Deed" or "Easement" or "Conservation Easement'), is made the I S'~'-day of 2013 ("Effective Date"), at Southampton, New York. The parties are ROBINS ISLAND HOLDINGS LLC, having an office at Belvedere Property Management LLC, 2299 North Sea Road, Southampton, New York 7.1.968 (herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, anot-for-profit New York Corporation, having ~15~ a principal office at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 `J (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor has acquired, in fee simple, from New Suffolk Waterfront Fund, ~ Inc., 1.118 acres of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A and shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto and incorporated herein by this reference (hereinafter g1~ referred #o as the "Property"); and has agreed to impose this Conservation Easement on the ~pp Property in connection with the acquisition; and ODf WHEREAS, the Property is free of any mortgages or liens and Grantor possesses the r_ righk to grant this Easement; and ~f r--' WHEREAS, the Property will become part of a larger parcel to which, following ~ Grantor's purchase of the Property as described above, a new tax map number will be assigned. O 1~, ~~D The terms and conditions of this Easement apply only to the Property described at SCHEDULE I A hereof and identified on the Conservation Easement Map marked EXHIBIT A, and not to that portion of such larger parcel that is located outside the Property; and WHEREAS, Grantee is a publicly supported nonprofit charitable organization under Section 501(c){3) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open-space values of lands located in New York State, and is therefore a "qualified organization" within the meaning of Section 170{h)(3) of the Code 1 Z and a qualified holder of conservation easements in accordance with Article ~4, Title 3 of the Environmental Conservation Law of the State of New York; and WHEREAS, Grantor wishes to place limitations on the use and development of the Property and restrict the areas of the Property where such uses may occur, to permanently ensure that the future use of that portion of the Property that is located outside the boundaries of the proposed parking area and the proposed Iean-to, as shown on EXHIBTI' A attached hereto, will be as a nature preserve, and that the future uses of the remainder of the Property will be as permitted hereunder; and WHEREAS, Grantor and Grantee recognize the special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the Property's aesthetic, natural, scenic and open-space values (the "Conservation Values"), and, in particular, the scenic views across the Property to Peconic Bay from First and Main Streets; and WHEREAS, Grantor and Grantee agree that the conveyance of this Easement will be desirable and beneficial and Grantor has therefore requested Grantee, for itself and its successors and assigns, to accept this grant of a Conservation Easement in order to restrict further development of the Property while permitting uses compatible with the protection of the Property's Conservation Values; NOW, THEREFORE, in consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement and other goad and full value consideration, the recipxocal receipt and legal and financial sufficiency of which is hereby acknowledged by both parties hereto, and not as a donation, and pursuant to the laws of the State of New York and in particular Title 3 of the New York Environmental Conservation Law, Grantor hereby conveys in perpetuity to Grantee, and Grantee hereby accepts, this Conservation Easement, the parties intending to be bound by its terms: . O.QI_ Purposes The parties recognize the Conservation Values of the Property and have the common purpose of preserving and protecting these Conservation Values in perpetuity. This Conservation Easement is granted by Grantor to Grantee for the purposes of preserving the Conservation Values of the Property in perpetuity and fostering the growth of maritime grasslands and associated flora and fauna while protecting the scenic views across the Property to Peconic Bay from First and Main Streets and the quality of groundwater and the waters of 2 z Peconic Bay, all in furtherance of federal, New York State and local conservation policies (collectively, the "Conservation Purpose") by preventing any use or development of the Property for any purpose or in any manner contrary to the intent and provisions hereof, including the Conservation Purpose. 0.02_ Grantee's Warranty_ Grantee warrants and represents that it possesses the resources and commitment to enforce the terms of this Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land whose conservation values should be protected and maintained, as determined by Grantee's Board of Directors at a duly constituted meeting of that Board on July 15, 2013. 0.03 Documentation Grantor has made available to Grantee sufficient documentation to establish the condition of the Property as of the Effective Date of this Easement. In order to aid in identifying and documenting the condition of the Property's natural, watershed, scenic, and aesthetic resources and otherwise to aid in identifying and documenting the Property's Conservation Values as of the Effective Date, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation") as of the Effective Date. This Baseline Documentation includes a Conservation Easement Map marked EXHIBIT A attached hereto, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property as of the Effective Date of this Easement. Copies of the Baseline Documentation shall be retained by Grantor and Grantee. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or the Property's physical condition as of the Effective Date hereof, the parties shall not be precluded from utilizing any other relevant or material document, survey, report, photograph, or other evidence to assist in the resolution of the controversy. 3 z ' ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a conservation easement in gross under the provisions of Article 49, Title 3 of the Environmental Conservation Law of the State of New Yorlc. This Conservation Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement," "Conservation Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent permitted agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO Prohibited Uses and Activities Grantor's use and development of the Property shall be consistent with the Conservation Purpose and compatible with the preservation of the Property's Conservation Values. Without limiting the generality of the foregoing, and except as provided in Article Three of this Easement, the following uses and practices, though not an exhaustive recital of inconsistent uses and practices, are inconsistent with the Conservation Purposes of this Easement and, unless otherwise explicitly provided herein, are therefore prohibited anywhere on the Property. 4 1 ' 2.OI Buildings and Structures The construction or placement of any residential, commercial, industrial or other building, structure, or improvement of any kind or nature {including but not limited to one or more mobile homes, docks, bulkheads, groins, or other hard shoreline structures), whether permanent or temporary, on, over, or under the Property, ar appurtenant thereto, is prohibited. 2.02 Excavation and Removal of Materials• Minin The excavation or filling of any portion of the Property is prohibited without the prior written approval of Grantee pursuant to Article Four hereof. Mineral exploitation and extraction of any mineral {including but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Property under the terms of Article Three below. Grantor may remove topsoil, sand or other materials for purposes of erosion control, soil management, and natural habitat restoration efforts, only with the prior written approval of Grantee pursuant to Article Four hereof. 2.03 Subdivision For purposes of this Conservation Easement, the Property is considered and shall remain one {1) parcel in unified ownership. Grantor shall not subdivide, de facto subdivide, partition or seek the partition, or otherwise divide the Property into separately conveyable parcels without the prior written approval of Grantee pursuant to Article Four hereof. Notwithstanding the foregoing, the Property may be owned by an entity or multiple parties in undivided legal or beneficial ownership, such as but not limited to tenancies in common, joint tenancies, partnerships, limited liability companies, corporations, and trusts. 2.04_ Dumping The dumping or accumulation of unsightly or offensive materials, including but not limited to trash, garbage, sawdust, ashes or chemical waste, on the Property is prohibited. 2.OS. Signs The display of any sign, billboard, or adverfisement is prohibited. 5 t 2.Ob Landsca in The removal of any tree, shrub, or other vegetation from the Property is prohibited. 2.07 Soil and Water Any use or activity that is not otherwise expressly or conditionally permitted under this Easement which causes or in the opinion of Grantee is likely to cause soil degradation or erosion or pollution of any surface ar subsurface waters is prohibited. 2.08 Ponds and Watercourses The alteration of any watercourse located on the Property or the creation of any new water impoundment or watercourse is prohibited without Grantee's prior written approval pursuant to Article Faur hereof and approval from the appropriate town, county, and state regulatory authorities. 2.09 Screening The placement of any landscape screening, hedgerow, fence, or other type of screening along or near First and Main Streets or within the Property which materially impairs the scenic views across the Property to Peconic Bay from First and Main Streets is prohibited. 2.10 Uses Any commercial, industrial, or residential use of the Property, including any commercial recreational use, is prohibited. 2_11 Utilities and Systems The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property is prohibited. 2.12 Drainage The use of any portion of the Property for a leaching or sewage disposal field is prohibited. The use of the Property for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Property. 6 R ~ 2.13 Development Rights The use of the Property for the purpose of calculating lot yield or deveIopmen# density on the Property or any other property, adjacent or otherwise, is prohibited. ARTICLE THREE PERMITTED USES AND ACTIVITIES Grantor reserves the right to use the Property in any manner that is neither expressly prohibited herein nor inconsistent with the Conservation Purpose and other terms and conditions of this Easement and that is in accord with existing zoning laws and restrictions. Without limiting the generality of the foregoing, the following uses and practices, though not an exhaustive recital of consistent uses and practices, even if generally prohibited under the terms of Article Two hereof or elsewhere within this Conservation Easement, are expressly permitted under this Easement as follows: 3.OZ Signs The display of signs, billboards, or advertisements is prohibited, except for signs whose placement, number, and design do not materially diminish the scenic Conservation Values of the Property and only for any of the following purposes: (a) to state the name and address of the Property and the names and addresses of the occupants; (b) to temporarily advertise the Property or any portion thereof for sale or rent; (c) to post the Property to control unauthorized entry or use; or (d) to announce this Conservation Easement. Any permitted sign shall not be more than eight (8) square feet in size, shall be non-illuminated, and shall be subject #o applicable governmental regulatory requirements. 3.02 Cutting of Timber; Landscaping_and Erosion Control, Grantor may submit a proposed Landscape Management Plan, whose terms are summarized at SCHEDULE B, attached hereto and incorporated herein by this reference, to Grantee for Grantee's approval pursuant to Article Faur hereof. Prior to ar in the absence of Grantee's approval of the Landscape Management Plan described, and outside the area covered by the Landscape Management Plan once such Plan has been approved by Grantee (defined as the "site" in SCHEDULE B hereto), the following terms and conditions govern landscaping activities: The cutting, harvesting, removal, pruning, trimming, mowing or addition of trees, shrubs, grasses or other vegetation from or on the Property is prohibited, except solely for the following purposes: (i} to clear and/or restore any tree, shrub, or other vegetation that is dead, damaged, diseased, destroyed ornon-native and invasive; (ii) as reasonably necessary far the 7 L ~ conduct of those uses and activities expressly permitted under terms of this Easement, including but not limited to constructing and maintaining those structures and improvements expressly permitted under the terms this Easement; {iii) to prune and selectively thin trees and shrubs to create and maintain vistas in accordance with (I) good land management practices, and {II) the Conservation Purpose of this Easement; {iv) for the purpose of grounds maintenance that is consistent with the Conservation Purpose; (v} to remove any hazards to pexsans, personal or real property, or the Property and/ar to pexsans or personal or real property of neighboring properties; and (vi) to erect and maintain low-profile natural planting hedgerows along First and Main Streets, as shown on EXHIBIT A, provided they do not materially impair the scenic views across the Property to Peconic Bay from First and Main Streets and are otherwise consistent with the Conservation Purpose of this Easement. 3.03 Structures and Im rovements Grantor shall have the right to erect and maintain the following improvements in accordance with the following provisions: A. Allowable Non-Residential {Accessory) Improvements Upon prior written notice to Grantee pursuant to Article Four hereof, Grantor may construct and maintain the following non-residential improvements on the Property: (i) One lean-to shed of no greater than fi#teen hundred {1,500} square feet coverage on the ground anti a height from average natural grade consistent in scale (and style} with the existing building located on the Effective Date of this grant south of the Property on land presently owned by Grantor, known as 380 First Street, New Suffolk, New York (a.k.a. SCTM# 1400-117-$-19}, for small boat or other storage, in the location shown on EXHIBIT A; provided, that, with Grantee's prior written approval pursuant to Article Four hereof, which may be granted or withheld in Grantee's sole and absolute discretion, the dimensions of such lean- to may be enlarged to no greater than one thousand eight hundred seventy-five (1,875) square feet coverage on the ground; (ii} A parking area whose surface is constructed of permeable materials such as crushed shell, gravel or dirt of no greater than two thousand five hundred (2,500) square feet, asingle-lane inbound access drive whose surface is constructed of permeable materials such as crushed shell, gravel or dirt, in the location shown on EXHIBIT A, to provide access to the proposed boat storage area and the parking area, and a single lane outbound egress drive whose surface is 8 ~ ~ constructed of permeable materials such as crushed shell, gravel or dirt to the gated exit at First Street, provided that the primary entrance to Grantor's existing structure and the parking area shall continue to be from Grantor s existing entrance off of First Street through the "Existing Gate" shown on EXHIBIT A; provided, that, with Grantee's prior written approval pursuant to Article Four hereof, which may be granted or withheld in Grantee's sole and absolute discretion, the dimensions of such parking area may be enlarged to no greater than three thousand one hundred twenty-five {3,125) square feet coverage on the ground; (iii) Underground utility transmission lines solely for minimal lighting and security installations at the perimeter of the Property, drainage systems, and such other utilities and systems necessary to service those buildings and structures permitted under this Conservation Easement, to be installed underground to the reasonable extent possible; (iv) Low-profile fences within the perimeter of the natural planting hedgerows along First and Main Streets, as shown on EXHIBIT A, provided such fences and hedgerows are constructed, and maintained so as not materially to impair the scenic views across the Property to Peconic Bay from First and Main Streets. Temporary fencing is also permitted, if necessary, to temporarily block access to, and otherwise protect, areas requiring re-vegetation; (v) Minimal irrigation to establish and maintain the plantings, as shown on EXHIBIT A; (vi) A nature trail or footpath for access to the natural areas of the Property, for the sole use of the owners, tenants, occupants, assigns, and possessors pf the Property, subject to any required regulatory approvals; and {vii) An osprey pole or similar structure for a nesting site. B. Replacement of Structures or Improvements In-Kind In the event of destruction of or damage to any existing or expressly permitted structure or improvement to such an extent that repair of such structure or improvement is impractical, upon prior written notice to Grantee pursuant to Article Four hereof, erection of a replacement of comparable size, bulk, use, and general design to the destroyed or damaged structure or improvement is permitted within the same location. 9 L i C. Environmental Sensitivity During Construction The location and use of any structure or improvement permitted to be constructed hereunder shall be consistent with the Conservation Purpose, and construction of any such improvement shall minimize disturbance to the Conservation Values and other natural resources of the Property. The excavation or filling of the Property to the extent necessary to construct and maintain the permitted structures and improvements on the Property is permitted, provided that Grantor shall employ erosion and sediment control measures to ensure that storm water runoff will not carry eroded and other deleterious materials into the Peconic Bay, including but not limited to employing the least possible removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Modification or Relocakion of Permitted Buildings and Infrastructure The parties acknowledge that the locations of the permitted lean-to shed and the Property's infrastructure existing on the Effective Date of this grant and otherwise permitted hereunder may have to be adjusted from the locations shown on EXHIBIT A hereto, in the Baseline Documentation and as described in this Easement (i) to accommodate the requirements of applicable zoning and regulatory land use controls, or (ii) to accommodate rising ocean levels and/or erosion of the Property. The parties agree to cooperate in adjusting such locations and to make corresponding amendments to any Landscape Management Plan as described in Section 3.02 hereof that has been approved by Grantee when necessitated by such conditions, provided said adjustments and amendments would not result in any other adverse effect upon the Conservation Values of the Property, as may be determined by Grantee in the reasonable exercise of its pro#essional judgment. ARTICLE ]SOUR NOTICE AND APPROVAL 4.01_ Notice and Approval A. Requests for Approval of Certain Uses or Activities. With respect to any use or activity under Sections 2.02, 2.03, 2.0$, 2.I1, 3.02, 3.03(A)(i) and 3.03(A)(ii) hereof that requires the prior approval of Grantee, or in the event Grantor proposes to undertake a use or activity that is not explicitly prohibited hereby but which might have a deleterious effect on the Conservation Values, Grantor 10 < < shall, in writing, request Grantee's approval and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity. The request for approval shall describe the nature, scope, location, timetable, and any other material aspect of the proposed activity (including, if appropriate, sketch plans ox scaled drawings of the sites} of the proposed activity) in sufficient detail to permit Grantee to evaluate such activity. The request shall also include information evidencing the conformity of such activity with the requirements of the applicable section under which approval is requested hereunder. Grantee's approval, which shall not be unreasonably withheld, shall take into account the following criteria: (i} the extent to which the proposed activity or use of the site for the proposed activity would impair the scenic qualities of the Property that are visible from First Street and Main Street; and (ii} the extent to which the proposed activity or use of the site for the proposed activity would otherwise materially impair the Conservation Values of the Property; and (iii) the extent to which the proposed activity or use of the site for the proposed activity is consistent with the Conservation Purpose. Grantor and Grantee shall cooperate and shall actin good faith to arrive at agreement on suitable sites and activities in connection with any determinations that are necessary to be made by them (either separately or jointly) under this section. Notwithstanding the foregoing, Grantee's approval of a proposed site or activity shall be withheld if the use of the site for the proposed activity would interfere with the essential scenic quality of the Property, materially impair the Conservation Values of the Property, or would otherwise be inconsistent with the Conservation Purpose of this Easement. B. Grantee's Response. In accordance with Paxagraph A of this section, Grantee shall approve, conditionally approve or withhold approval of the proposed use or activity within forty- five (~5) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate Grantor's requests under this Easement based on its good-faith exercise of professional judgment. Notwithstanding the foregoing, if in good faith Grantee requires more than forty-five (45) days to undertake a sufficient and thorough review of the documentation provided,~or determines that it requires further documentation, Grantee shall so notify Grantor within the original forty-five {45) day period of the additional time (not to 11 exceed fi#teen business (15) days) and/or documentation required to respond to Grantor's request hereunder. At Grantee's sole and absolute discretion, Grantee may permit commencement of the activity less than forty-five (45} days after receiving Grantor's written notice. In the case of withholding of approval, Grantee shall notify Grantor in writing with reasonable specificity of the reasons for withholding of approval, and the conditions, if any, on which approval might otherwise be given. Failure of Grantee to deliver a written response to Grantor within such forty-five {45) days (as extended, as discussed above) shall be deemed to constitute written approval by Grantee of any request submitted for approval that is not contrary to the express provision hereof, including but not limited to the Conservation Purpose, and whose implementation would not materially impair the Property's Conservation Values. C. Notice to Grantee. With respect to any use or activity under Sections 3.03{A) and 3.03(8) hereof that requires the prior notice to Grantee, prior to the commencement of such use or activity Grantor shall, in writing, provide notice to Grantee and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed activity (including, if appropriate, sketch plans or scaled drawings of the site(s) of the proposed activity) in sufficient detail to permit Grantee to evaluate such activity. The notice shall also include information evidencing the conformity of such activity with the requirements of this Conservation Easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make any such payment, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten (10) days' prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at three (3) percentage points aver 12 L . J the prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor, in no event to exceed a legal interest rate. 5.02 Indemnification Grantor acknowledges that Grantee has neither possessory rights in the Property nor any responsibility nor right to control, maintain, or keep up the Property. Grantor has and shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership, operation, upkeep, improvement, and maintenance of the Property. Grantor hereby releases and agrees to hold harmless, indemnify and defend Grantee and its members, directors, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: {1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligent act or willful misconduct of Grantee; or (2) violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement by any person, other than Grantee, in any way affecting, involving, or relating to the Property. 5.03 Environmental Responsibilities Grantor Responsible for the Property. Grantor is solely responsible, and Grantee has no responsibility, for the operation of the Property or the monitoring of hazardous or other conditions thereon. Nothing in this Easement shall be construed as giving any right or ability to Grantee to exercise physical or managerial control of the day-to-day operations of the Property or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the Grantor or other person or entity in connection with consents given or withheld, or in connection with any en#ry upon the Property, pursuant to this Easement. Grantor's Environmental Warran and Indemni .Grantor represents and warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials, as defined below, on the Property and hereby promises to hold harmless, defend and indemnify the Indemnified Parties from and against all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or connected with the presence and/or any release of Hazardous Materials or violation of federal, state or local Environmental Laws, as defined below, on, under, or from the Property. 13 s This Easement is not intended to and shall not create environmental liability in Grantee. Notwithstanding any other provision herein to the contrary, the parties do not intend this Easement be construed such that it imposes on, creates in or gives the Grantee: {Z) the obligations or liability of an "owner' or "operator" as those words are defined and used in Environmental Laws, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq., and hereinafter "CERCLA"); (2) the obligations or liability of a person described in 42 U.S.C. Section 9607(a)(3) or (4); (3) the obligations of a responsible person under any applicable Environmental Laws; {4} the right to investigate and xemediate any Hazardous Materials, associated with the Property; or (5) any cantxol over Grantor's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Property. The term "Hazardous Materials" includes, but is not limited to, (i) material that is flammable, explosive, or radioactive; (ii) petroleum products; and {iii} hazardous materials, hazardous wastes, hazardous or toxic substances, ox related materials, including but not limited to those defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 5101, et seq.), the New York Environmental Conservation Law (NY ECL 27-0901), or any other Environmental Law, and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state, or local laws, ordinances, rules, or regulations now in effector enacted after the Effective Date of this Easement. The term "Environmental Laws" includes, but is not limited to, any federal, state or local or administrative agency statute, regulation, rule, ordinance, order or requirement now in effect or enacted after the Effective Date of this Easement relating to pollution, protection of human health, the environment, or Hazardous Materials. 14 r. ARTICLE SIX GRANTEE'S RIGHTS 6.OX Entry and Inspection Grantee shall have the right to enter upon the Property for the purpose of inspection and monitoring, to determine whether this Easement and its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee determines, in its reasonable discretion, that immediate entry and/or multiple entries are required to investigate a use or condition on the Property in order to prevent, terminate, or mitigate a violation or potential violation of the terms of this Easement, such Entry shall be permitted no more than once during a calendar year (and not within the interiors of buildings} only at reasonable times and upon prior notice to Grantor and shall be made in a manner that will not unreasonably interfere with Grantor s use and quiet enjoyment of the Property. Grantee shall not have the right to permit access upon the Property by the general public. 6.02 Protection and Restoration Grantee shall have the right to identify, to preserve and to protect in perpetuity the Conservation Values of the Property, including, but not limited to, by means of review and approval of improvements and activities as set forth in Article Four above. Grantee shall have khe right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purpose or other provisions of this Easement and to require the Grantor to restore such areas or features of the Property that may be damaged by any inconsistent and/or unpermitted condition, activity or use to the condition of the Property that existed immediately prior to such damage, and to enforce these right by any action or proceeding that Grantee may reasonably deem necessary. However,. Grantor shall not be liable for any changes ko the . Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement or other acts of nature, unauthorized acts of unrelated third parties and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons, property, or to the Property resulting from such causes. 6.03 Enforcement Ri hfs of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or inequity, in the event any breach, default or violation of any term, provision, covenantor obligation on Grantor's part to be observed or performed 15 ~ i Y, pursuant to this Easement is not cured, or a bvna fide attempt has not been begun by Grantor within fifteen (15) days of Grantor's receipt of Grantee's notice of such breach, default or violation (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Conservation Values or otherwise to further the Conservation Purpose of this Easement), Grantee shall have the right and at Grantee's election, (a) Ta institute a suit to enjoin or cure such breach, default ar violation by temporary and/or permanent injunction and/or to require the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed immediately prior to such breach, default or violation; (b) To enter upon the Property and exercise reasonable of#orts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, and (c} To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantee's remedies described in the section shall be cumulative and shall be in addition to all remedies now or hereafter existing at Iaw or in equity. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses (collectively, "Litigation Expenses") incurred by Grantee in connection with any proceedings initiated under this section, provided that, in any suit initiated by Grantee involving an alleged violation of this Easement, Grantor is determined by a court of competent jurisdiction, or upon Grantor's own admission, to have been in violation of the terms of this Easement. Litigation Expenses include, but are not limited to, those Litigation Expenses incurred by Grantee in the event Grantor or anyone acting by, through, under, or on behalf of Grantor, commences litigation against Grantee to enforce any rights hereunder ar to dispute any action or inaction of Grantee, to enforce any alleged duty or obligation of Grantee hereunder, or to seek damages or specific performance against Grantee, except in the event Grantee is finally determined by a court of competent jurisdiction, beyond right of appeal, to have acted in a manner that is contrary to the terms of this Conservation Easement and to have failed to exercise reasonable I6 judgmenf (except in those circumstances of which Grantee is given sole and absolute discretion as expressly provided herein), taking into account the Conservation Purpose of this Easement and the circumstances of which Grantee had actual knowledge at the relevant time. Grantee shall not be considered to have failed to exercise reasonable judgment as aforesaid solely based on the fact that Grantee did not or does not prevail in such legal proceedings or that Grantee is determined to have adopted an interpretation of this Conservation Easement not accepted by the court. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Five shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easemen#, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called the "Assignee") acceptable to and approved in writing prior to assignment by Grantor, which shall not be unreasonably withheld, conditioned, or delayed. As used herein the term "qualified organization" means anot-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, and which is organized or operated primarily or substantially for one of the conservation purposes specified in Section ~70(h}(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require, and the Assignee must agree, that the Assignee and Assignee's successors will carry out the purposes of, and enfarce, this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section. Grantee shall promptly notify Grantor of any such assignment. b.Ob Succession If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or ceases to be a qualified organization under Section 170(h)(3) of the Code, then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions and limitations contained in Section 6.05 (Assignability) as Grantee shall designate. If, on the occurrence of any of these events, Grantee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this 17 ~ ~ i C Easement to a qualified organization, then the rights and responsibilities under this Easement ' shall became vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. Grantor will be notified of any such proceedings. 6.07 Extinguishment and Eminent Domain (Condemnation) In the event that this Conservation Easement is extinguished or terminated in whole or in part as described in this Section 6.07, or in the event of condemnation or purchase in lieu of condemnation of the Property and this Conservation Easement, in whole or in pant, then the provisions of this Section 6.07 shall govern. This Conservation Easement may only be extinguished or condemned (including through purchase in lieu of condemnation), in whole or in part, in accordance with state law and the provisions of this Conservation Easement. Extinguishment, in whole or in part, that is not by condemnation may occur only in the event that changed circumstances render impossible the continued use of the Property for the stated Conservation Purpose. Because this Easement gives xise to a property right and interest immediately vested in Grantee, the distribution of proceeds between Grantox and Grantee following such extinguishment, or through condemnation or purchase in lieu of condemnation, shall be regulated by state law or the judicial proceeding, if any, through which such extinguishment, condemnation or purchase in lieu of condemnation has been conducted. In the event such distribution of proceeds is not regulated by state law or such judicial proceeding, then the following provisions shall apply: For purposes of extinguishment, the fair market value of Grantee's right and interest in this Easement shall be deterrined at the time of extinguishment by dividing the fair market value of this Easement by the fair market value of the Property unencumbered by this Easement, as of the date of extinguishment. The resulting ratio shall hereinafter be referred to as the "Proportionate Share." The values of the Property, this Easement and the Proportionate Share shall be determined through an independent appraisal completed by a "qualified appraiser," as defined in Treasury Regulations section 1.170A-13(c}(S}, who is mutually agreeable to Grantor and Grantee, the cost of which appraisal shall be shared equally by Grantor and Grantee. Upon such extinguishment, Grantor shall pay Grantee an amount equal to the Proportionate Share of the then-fair market value of the Property (minus any amount attributable to the value of improvements made by Grantor after the effective date of the appraisal in which the Proportionate Share was determined). Grantee shall use such proceeds actually received by it in a manner consistent with the Conservation Purpose of this Easement. if all or any part of the Property is taken under the power of eminent domain (condemnation} by public, corporate, or other authority, or otherwise acquired by such 18 ~ ~ r authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the Conservation Purpose hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of their respective interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. Grantee shall be entitled to receive payment of Grantee's Proportionate Share of the recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the Conservation Purpose of this Easement. The expenses incurred by each party to.this Easement in connection with any such taking shall be paid out of that party's recavered proceeds. ARTICLE SEVEN MISCELLANEQUS 7.07. Alienabili Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to the terms of this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easemen#, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. 7.D2 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.D3 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Article 49, Title 3 of the Environmental Conservation Law of the State of New York. The parties may amend the provisions of this Easement if such amendment shall be necessary to address changed conditions at the Property or to enable Grantee to amplify the public benefits attributable to this Easement, but any such amendment shall be permitted only 19 t ~ ~ upon Grantee's determination, in its sole discretion, that such amendment is consistent with the Conservation Purpose and will not jeopardize Grantee's status as an organization described in Code sections 170{h)(3) and 501(c)(3} or as a not-for-profit organization under the laws of the State of New York. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right ar power to agree to any amendment hereto that would result in this Easemen# failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. No amendment may be approved by Grantee that would or, as Grantee in its judgment may determine, could violate khe rules of impermissible private benefit or of private inurement under applicable sections of the Code, including but not limited to Code section 501(c)(3). 7.04 Severability Any provision of this Easement restricting Grantor's activities which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid ar unenforceable by a court of competent jurisdiction shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Notice All notices required by this Easement must be written. Notices shall be delivered by hand; by express, certified or registered mail, return receipt requested; by certified mail, with suf#icient prepaid postage affixed and with return receipts requested; ar through courier delivery by a national courier service that provides automated delivery tracking. Notices to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this section. Notice to Grantee shall be addressed to its principal office, as recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this section. Notice shall be deemed given and received as of the date of its actual delivery to the recipient. 20 . ~ 7.Ob_ Governing Law New Yark law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.07_ Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party or the other parts attorney. No alleged ambiguity in this Easement shall be construed against the party which drafted it, or against the party whose attorney drafted it. if any provision of this Easement is ambiguous or shall be subject to two ar more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and consistent with the Conservation Purpose of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the Conservation Purpose of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.08 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the general public any right to enter upon the Property. 7.09 Warranries The warranties and representations made by the parties in this Easement shall survive its execution. 7.~0 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 21 5 . ~ ~ 7.11 Enforceable Restriction; Successors The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, agents, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The terms "Grantor" and "Grantee," whenever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Grantor and its representatives, agents, licensees, successors, and assigns, and the above-named Grantee and its successors and assigns. 7.12 Termination of Ri hts and Obli ations A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or the Property, except that liability far acts or omissions occurring prior to transfer shall survive transfer. 7.13 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.14 Counterparts Grantor and Grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day arid year set forth above. ACKNOWLEDGED AND ACCEPTED: GRANTOR: ROBI S IS HO DI S L C BY: Name: Pet r . Talty ITS: Vice President (Notary acknowledgment follows on next page) 22 r ACKNOWLEDGED AND ACCEPTED: GRANTEE: PECONIC LAND TRUST, INCORPORATED BY: Ti th J. afield ITS: Vice P ide t STATE OF NEW YORK ) COUNTY OF SUFFOLK } SS: On this ~d day of U~~ in the year 20~ before me, the undersigned, personally appeared Peter J. Talty, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals}whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their capacity(ies}, and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed khe instrument. ~IM~+ ~ Notary Public ~ ~ o~r°wra±~ ~°°~'~i~N STATE OF NEW YORK ) COUNTY OF SUFFOLK SS: On this I~ d y of Utz/~in the year 20.~ before me, the undersigned, personally appeared Timothy J. Canfield, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies}, and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. P' elirrr YoAt Notary u he ~ ~p11~~ ~nmmisslon ~vmt~ 23 . , The following are attached hereto and made a part hereof: SCHEDULE A: Legal Description of the Property SCHEDULE B: Proposed Landscape Management Plan SCHEDULE B-1: Proposed Planting List EXHIBTF A: Conservation Easement Map of the Property C 24 I f SCHEDULE "A" Description New Suffolk Waterfront SCTM~1000-117.00-0$.00-part of 018.000 ALL that certain plot, piece or parcel of land situate, lying and being at New SuffaIk, Town of Southold, County of SufFolk and State of New York, being more particularly bounded and described as follows: BEGIIVIVING at the intersection of the easterly side of First Street with the southerly side of Main Street; RUNNING THENCE South $3 degrees 45 minutes 00 seconds East, 193.50 fee#; THENCE South 32 degrees 4S minutes 00 seconds East, 108.70 feet to the approximate high water line of Pecanic Bay; .THENCE the following two (2) courses and distances along said approximate high water Iine: 1. South 37 degrees 54 minutes 57 seconds West, 55.41 feet; 2. South 26 degrees 55 minutes 08 seconds West, 87.34 feet to the lands of Robins Island Holdings, LLC; ' THENCE North 83 degrees OS minutes 30 seconds West, 204.43 feet to the easterly side of First Street; THENCE along the easterly side of First Street North 06 degrees 54 minutes 30 seconds East, 211.02 feet to the southerly side of Main Street and the POINT OR PLACE OF BEGINNING. SCTM Reference: 1000-117-8- p/o 18 ~2 ~ ~ ~ t SCHEDULE B Proposed Landscape Management Plan (Final Plan Subject to Grantee's Approval Per Section 3.02} Site Description The Landscape Management Plan described in this SCHEDULE B, once approved in accordance with Section 3.02 and Article Four of this Conservation Easement, will relate principally to that portion of the Property that is not improved with those buildings, structures, parking lots, and drives that are shown on the Conservation Easement Plan shown on EXHIBIT A hereto. The area that will be covered by the Landscape Management Plan is hereinafter called the "site". The site consists of approximately T acre of open coastal, derelict (previously developed) land. Due to previous land use and existing paved and innported stone surfaces the site currently has low ecological habitat value. The proposed Landscape Management Plan, described at Section 3.02 hereof, will retain the open coastal character of the site and introduce native plantings that create a natural transition between coastal beach plant community/ecosystem and the built environment adjacent to First Street. This will be achieved by the removal of paved materials and the introduction and manipulation of local dredged sand to create suitable coastal dune grassland habitats substantially within the area shown as "Maritime Dune Plant Community" on EXHIBIT A of this Conservation Easement. The only other existing physical structures on the site are an osprey nesting platform and perirrieter fencing and gate along First Street. There are no known threatened or endangered species within the site and the below management actions are compiled on the basis of this condition. Objectives • The goal of the proposed Landscape Management Plan is to protect in perpetuity and maintain the desired landscape character as outlined in broad terms above. • On completion of the lean-to shed dESCribed in pazagzaph 3.03(A)(i) of this Conservation Easement and as shown on EXHIBIT A hereto, native cedars will be planted and maintained to match existing neighboring condition and to break the outline of such structure when viewed from First Street. • The Landscape Management Plan will ensure that a mix of native species is used to create the desired landscape character, habitats and plant communities (see SCHEDULE B-1 attached hereto foz the proposed list of plant species). 26 's s ~ • • Existing concrete paved materials will be replaced with a porous surface {such as shell, gravel or dirt) which will allow for natural percolation and movement of groundwater. • In order to deal with major storm events where the physical character of the site is changed, once approved in accordance with Section 3.02 and Article Four hereof, the Landscape Management Plan may have to be adapted to suit the changing conditions. If, due to major storm events, both parties agree that the Landscape Management Plan should be revised, the intention where possible will be to maintain the carne native plants species. • Public access to the site and the Property will be restricted to deter foot traffic to new planting areas with the boundary along the beach defined by simple wooden post and rope to match neighboring conditions. Management Actions • During the establishment period both cultural and chemical weed control methods will be employed to allow development of desired species, provided that any use of chemical weed control methods will not cause pollution of any surface or subsurface waters as such is prohibited in Section 2.07 of the Conservation Easement. • The existing osprey nesting pole is not used by nesting birds due to proximity and disturbance from public beach access. The pole will be permanently relocated to a neighboring location (TBC) with sufficient seclusion to encourage nesting ospreys. 27 . . r SCHEDULE B-1 Proposed Planting List (Subject to Grantee's Approval of the Landscape Management Plan Per Section 3.02} As of the Effective Date of this Conservation Easement, alI the plantings below axe listed within SouthhoId Town Planning Board's recommended Iist of Native Plants Plantings adjacent to the proposed built structure (the "Proposed Lean-To" as shown on EXHIBIT A attached hereto) will extend and match that of the neighboring pxoperty located at 380 First Street, New Suffolk, New York (a.k.a. SCTM # 1000-117-8-19), with the inclusion of additional native shrub species to extend along the First Street boundary: • Eastern Red Cedar -Juniperus virginiana (within shelter of buildings} • Posk Oak - Quercus stellata (within shelter of buildings) • Bayberry -M~rica pens~lvanzcum • Winged Sumac - Rhus coppallinum • Switch Grass -Panicum virgatum The above plant matrix will reduce towards the junction of First and Main Streets and will transition to a more open native maritime grassland plant community (located within the corxespandinglynsmed area shown on EXHIBIT A of this Conservation Easement) consisting of: • Fescue grass seed mix (as nurse crop) • Little Bluestem - Schizachyrium scoparium • Common Hairgrass Deschampsisa flexuosa • Poverty Grass - Danthonia spicata Utilizing dredged sand material from the neighboring dock inlet, create a series of low undulating mounds to establish the maritime dune plant community (located within the correspondingly named area shown on EXHIBIT A of this Conservation Easement) consisting of the following: • Beach Grass -Ammophila brevigulata • Switch Grass - Panicum virgatum • Bitter panic grass - Panicum amarum • Seaside Goldenrod - Solidago sempervirens • American Searocket - Cakile edentula 28 ~n ~~~x -lx~v~ z ~a ~ o- z ~e x, ? v ~ 0 ~ C ~ o o ~ K ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ cn ~ ~ ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ . . ~ \ o z ag