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Home My WebLink About1000-115.-2-6 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J.WILCENSKI O�``Of SOUjyOI Southold, NY 11971 Chair /� Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �O �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ICOU 'N Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2013 Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Sketch Plan Approval - Proposed Open Development Area Maaratooka North Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, June 3, 2013, adopted the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one lot not to exceed one acre in area; and WHEREAS, there shall be no subdivision of the property except for one lot that shall be located in the Open Development Area. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, fee title ownership of the portion of the Open Development Area that is not included in the permitted lot, shall not be separated from the Easement Area. The Maaratooka North, LLC Page Two June 4, 2013 portion of the Open Development Area that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, on December 3, 2010, the agent submitted a Sketch Plan Application along with other required material for submission pursuant to §Article V Sketch Plat Review; and WHEREAS, on January 3, 2011, the agent submitted a required Sketch Plan Fee in the amount of $500.00; and WHEREAS, on January 10, 2011, the Southold Town Planning Board reviewed and accepted the above-referenced application and asked for clarifications to be made regarding the reserved area note; and WHEREAS, on June 29, 2011, the Southold Town Planning Board reviewed the application at their Work Session and requested changes to the map; and WHEREAS, on October 11, 2012, the agent submitted a revised copy of the map with the changes requested; and WHEREAS, on November 15, 2012, the agent submitted correspondence regarding additional restrictions required by New York State and an unexecuted proposed deed containing NYS required restrictions; and WHEREAS, on November 19, 2012, the public hearing was held and closed; and WHEREAS, on December 3, 2012, the Planning Board reviewed the Draft Covenants and Restrictions and the revised maps; and WHEREAS, on December 19, 2012, the agent submitted three copies of the map with the requested changes; and WHEREAS, on May 31, 2013, the agent submitted a copy of the Covenants and Restrictions filed with the Office of the County Clerk, Liber D00012731 and Page 519; and WHEREAS, the submitted application meets all the requirements for Sketch Approval pursuant to Article V Sketch Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Maaratooka North, LLC Open Development Area", dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Maaratooka North, LLC Page Three June 4, 2013 Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and receipt of comments from other involved agencies. The applicant is advised that lot design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman cc: Town Board Melissa Spiro, Land Preservation Coordinator N RESOLUTION 2009-837 ADOPTED DOC ID: 5326 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-837 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Marratooka North, LLC on the 61' day of October, 2009,pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM 41000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $67,000 (sixty-seven thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it Resolution 2009-837 Board Meeting of October 6, 2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM 41000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York. The development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $67,000 (sixty-seven thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. ,. ,. 2?� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Vincent M. Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/6/2009 3:48 PM by Lynda Rudder Page 2 SOUTHOLD TOWN BOARD PUBLIC HEARING July 30, 2013 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:11 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold accepted the petition of Marratooka North, LLC to establish an open development area as complete, and has set July 30. 2013 at 7:31 p.m.. Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Marratooka North. LLC, said property is identified as part of SCTM #1000-115-2-6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck, New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such, the NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area. The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. NOTICE IS HEREBY FURTHER GIVEN that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted in the Suffolk Times on July 25 and that it was posted on the Town Clerk's bulletin board July 22. And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? Marratooka North, LLC ODA Public Hearing 2 July 30, 2013 ALY SABATINO: Aly Sabatino, Planner for the Town of Southold. This open development area is located in Mattituck, as it was discussed before, it is an 80/60 conservation subdivision, where 18 acres of the property are preserved through a development rights sale and there is a 4.5 acres development area that is adjacent to Route 25. The town is working in conjunction with the New York State Department of Agriculture and Markets to fund the sale of development rights. The State has put a restriction on the property that allows it to be subdivided into two lots one that includes the 18 acre farm and a separate one acre lot. The Planning Board issued a sketch plan approval on June 3, 2013 and the Town Board has accepted the ODA petition. I am here if anyone has any questions? SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) This hearing was closed at 8:15 PM Eliz eth A.Neville Southold Town Clerk OFFICE LOCATION: MELISSA A.SPIRO ��OF so Town Town Hall Annex LAND PRESERVATION COORDINATOR �� l� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 G C Facsimile(631)765-6640 MAILING ADDRESS: UNiV� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Elizabeth A. Neville Town Clerk OCT — 8 2013 From: Melanie Doroski Southold Town Clerk Sr. Administrative Assistant Date: October 8, 2013 Re: MAARATOOKA NORTH. LLC to TOWN OF SOUTHOLD Conservation Easement Part of SCTM #1000-115.-2-6 Betty: Enclosed for safekeeping in your office, please find the following documents: • Original Deed of Conservation Easement dated July 30, 2013, between Maaratooka North, LLC and the Town of Southold, recorded in the Suffolk County Clerk's office on 8/9/2013, in Liber D00012739, at Page 839 • Original title insurance policy#NY-FRVH-SAM-2730632-1-13-86245 issued by Fidelity National Title Insurance Company on July 30, 2013 in the insured amount of$1,138,330 (title no. F12-7404-86245-SUFF) • Closing Statement Thank you. Melanie encs. cc: Assessors w/ copy of recorded easement & survey III VIII IIII VIII VIII VIII II III II III II III VIII IIII IIII 111111(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/09/2013 Number of Pages : 20 At: 04 :42 :23 PM Receipt Number : 13-0099056 TRANSFER TAX NUMBER: 13-00883 LIBER: D00012739 PAGE : 839 District: Section: Block: Lot: 1000 115 .00 02 . 00 006 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,138,330 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100 . 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 $25 . 00 NO RPT $60 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0. 00 NO Fees Paid $230 . 00 TRANSFER TAX NUMBER: 13-00883 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County MOVED OCT - 4 2013 EP . LAND PRESERVATION ❑1 21 .o Number of pages RECEDED ::IJi.' AU,j _i� 1-14:421:23 Rig JUDITH H. FPAS� ALE This document will be public -LERk: UF record. Please remove all UF'cuD CDUNTYI D00011-739 Social Security Numbers F. =_; prior to recording. DT# l7-o 1, Deed/ Mortgage Instrument Deed /Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page /Filing Fee f DO Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax _ TP-584 5 Sub Total Notation SpecJAssit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. _ Dual Town Dual County_ Held for Appoint ent Comm. of Ed. 5. 00 11 -Trans;r ax Affidavit (MR Mansion Tax The property covered by this mortgage is Certified Coy or will be improved by a one or two NYS Surcharge 15. 00 5 family dwelling only. Other 3 Sub Total t� O 0 0 YES or NO Grand Total If NO, see appropriate tax clause on page# of thi 'nstrriy9ent — T t 4 1 Dist./Pj) Sectinn /GT 0-0 1 Block 1�)J 6,z) Lot 5 Community Preservation Fund 13020677 Real Property 1000 11500 0200 006000 Consideration Amount !/3g3;� Tax Service S II I VIII ill Agency �05MUGA A PF ax Due $ Verification Improved 6 Satisfactiu...., .. b -------- --- RECORD _RECORD & RETURN TO: Vacant Land /yI�G/3NlC �DeOSK/ �e- Adn - TD IO Q BOX //79 TD wy //97/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 o. Name A� W-z ''-rz- www.suffolkcountyny.gov/clerk Title # - lyt� 8 Suffolk County Recording & Endorsement Page This page forms part of the attached made by: /y (SPECIFY TYPE OF INSTRUMENT) A�,0 ,PATOOC(A k'M77V The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �U7Z�Ql-j /OWAN JF &V771-el In the VILLAGE or HAMLET of /Z�q/777V6< BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ¢-0104-1010etx (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact vour local Town Tax Receiver so that you may be billed directly for all future properly tax statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 31'°. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main.Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of.Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104..06106kd Deed of Conservation Easement THIS CONSERVATION EASEMENT ("Easement") is granted this .030 OL day of July 2013,by MAARATOOKA NORTH, LLC, having an address at 30 East Gate Drive, Huntington, New York 11743 ("Grantor") to the TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 22.50 acres, located on 17405 NYS Route 25, Mattituck, in the Town of Southold, Suffolk County,New York, designated as SCTM# 1000-115-2-6, of which 18.00 acres is subject to this Deed of Conservation Easement (hereinafter, the "Property") and more fully described in the legal survey description of the Property ("EXHIBIT A") and shown on the reduced copy of the survey ("EXHIBIT B"), both attached hereto and made a part hereof. B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 18.00 acres of prime soils as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District#1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its 1 out of 16 agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The Property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. 1. The Property is also located within the County of Suffolk, which has adopted an Agricultural and Farmland Protection Plan dated June 1996, which recommends the continued preservation of productive farmland through the purchase of development rights. In addition, the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects, promotes and sustains agriculture. J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED THIRTY AND 00/00 Dollars ($1,138,330.00)and V/ the mutual covenants,terms, conditions and restrictions contained herein,the parties agree as follows: 1. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee, a Conservation Easement(the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, 2 out of 16 any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Primary Purpose of this easement is to conserve viable agricultural land and soil resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural and forestry viability and productive capacity. 3. Implementation. This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25- AA of the Agriculture and Markets Law. 4. Definitions. 4.(a). "Grantor" or"owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof. 4.(b). "Grantee" includes the original Grantee(s) and its successors and assigns. 4.(c). "Farm Labor Housing" means dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner is not"farm labor housing". 4.(d). "Farm Operation" shall be defined in accordance with Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as enacted or amended. 4.(e). "Impervious Surfaces" are defined as structures or improvements that permanently cover soil resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources, such as manure storage areas; and structures and improvements lacking permanent foundations. In determining the square footage of Impervious Surface within any structure or improvement on the Property, only those surfaces actually covered with sidewalks, driveways or a continuous foundation that individually would be deemed to be Impervious Surface shall be included in any such measurement. Under no circumstances shall a 3 out of 16 concrete footing associated with any structural support post or column that is not part of a continuous foundation ever be included in any such measurement of Impervious Surface. 4.(f). "Sound Agricultural Practices" is defined as those practices necessary for on-farm production,preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary,to determine if a practice is"sound," Grantee or Grantor may request that the New York State Department of Agriculture and Markets initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor law as enacted or amended. 4.(g). "Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. As the owner of the Property, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 ("Purpose") and not specifically prohibited or limited by this Easement. Under no circumstances shall commercial airstrips or commercial helicopter pads or similar improvements be constructed or operated on the Property. However, nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or Force Majeure. 5.(a). Right to Use Property for Agricultural Uses. Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, or such successor law as enacted or amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, or such successor law as enacted or amended, or as said §301(2)(a)- 0) may be amended. The processing or retail merchandising of such crops, livestock or livestock products, and a riding academy shall not be considered agricultural production. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the above, "U-Pick" activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Property, and, therefore, shall 4 out of 16 not be deemed a recreational use. 5.(b). Right to Use Property for Recreational Purposes. Grantor retains the right to use the Property for otherwise lawful personal recreational uses, including, but not limited to, hunting, fishing, cross-country skiing, camping, horseback riding and snowmobiling, subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements"). In all cases, such recreational uses must be compatible with the Purpose of this Easement and subordinate to the agricultural use of the Property. Under no circumstances shall athletic fields, golf courses or ranges, or other similar recreational improvements be constructed. 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted farm management practices and in the Farm Operations of Grantor may result in changes in the agricultural uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and all farming operations are conducted in accordance with Sound Agricultural Practices as defined herein and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. This plan shall be updated periodically and whenever the Farming Operation changes substantially. Upon request, Grantor shall provide a copy of the most current plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 8.(a). Impervious Surfaces Subject to the limitations set forth below, Impervious Surfaces may be constructed or placed on up to a maximum of 10%of the Property. 8.(b). Fences Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management and to prevent trespassing on the Property. 8.(c). Agricultural Structures and Improvements 5 out of 16 Any existing or subsequent agricultural structures and improvements may be repaired, removed,enlarged and replaced at their current locations, subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"). Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"),Grantor may construct buildings, structures and impervious improvements for such purposes related to the Farm Operation on up to 5%of the Property without permission of Grantee. With permission of Grantee, Grantor may construct buildings, structures and improvements related to the Farm Operation that would cover up to an additional 5%of the Property. For purposes herein, such buildings, structures and improvements shall not include those associated with manure processing and handling or any facilities associated with the processing or marketing of crops, livestock, and livestock products, including a horse riding academy. 8.(d). Farm Labor Housing Subject to the Impervious Surface coverage limitations set forth in Section 8(a), Grantor may construct or place new dwellings or structures exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of Grantee. The land on which these structures stand shall not be subdivided. 8.(e). Personal Recreational Structures, Improvements and Activities Structures, improvements and activities associated with personal recreational purposes, subject to Section 5(b), are permitted on the Property provided that such structures, improvements or activities: (i) are compatible with the Purpose of this Easement; and (ii) are subordinate to the agricultural use of the Property; and (iii) with respect to structures and improvements only, comprise an aggregate footprint of no more than 400 square feet unless Grantee has received prior permission of Grantor pursuant to Section 16. 8.(t) Utility Services and Septic Systems Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to or from the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. All such services and systems shall serve only structures and improvements located on the Property and shall be compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property and located in a manner that minimizes the impact to prime or statewide important soils. 8.(g). Alternative Energy Structures and Improvements 6 out of 16 Structures and improvements necessary to undertake alternative energy activities such as wind, solar, and other similar energy generation activities are permitted as further described below, provided they are compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property, and located in a manner that minimizes the impact to prime or statewide important soils. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches, may be built on the Property only with the permission of Grantee, which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent(2%) of the Property at one time. Prior to determining the location of a site for these structures and improvements on the Property,the Grantor shall notify the Grantee, the New York State Department of Agriculture and Markets, and the local Soil and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall agree to comply with the New York State Department of Agriculture and Markets guidelines for agricultural mitigation for construction of such structures. 9. Maintenance and Improvement of Water Sources. Grantor may use, maintain, establish, construct, and improve water sources,water courses and water bodies within the Property for the uses permitted by this Easement,provided Grantor does not significantly impair or disturb the natural course of the surface water drainage on the Property. Notwithstanding the above, Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion and/or flooding,provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices,the Purpose of this Easement and is carried out in accordance with applicable local, state and federal laws and regulations. 10. Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such parcel is permanently protected with a perpetual conservation easement(whose purpose is equivalent to that stated herein in section 2). 7out of16 The right to construct Impervious Surfaces as set forth in Paragraph 8(a) shall be allocated at the time of a proposed subdivision. Such allocation of rights shall not result in greater than 10% of the Property being covered by Impervious Surfaces. At the discretion of Grantee, a functionally and materially equivalent Easement may be recorded simultaneously with the filing of the subdivision map. Except as provided above, any other subdivision, recording of a subdivision plan,partition, or any other attempt to internally or externally divide the Property into two or more parcels is prohibited. Mortgages, or other non-possessory interests in land do not constitute subdivisions for the purpose herein, provided such interests encompass the whole parcel. 12. Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements, manage forested areas for wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct timber stand improvements and construct, maintain, remove, and repair unpaved access roads and "staging areas", those areas where logs are temporarily stored for transport necessary for such activities. All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation or a qualified forester approved by Grantee. In order to facilitate the monitoring and stewardship of this Easement, and ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13. Removal of Materials; Mining; Excavation The removal of topsoil, sand, gravel, or other material for exportation and/or sale shall be prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan(Section 6),to promote required drainage activities,to construct and maintain permitted structures and improvements on the Property, and for agricultural uses. 14. Road Construction. 8 out of 16 Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement. Roads constructed on the Property shall be located in a manner that minimizes impacts to the prime and statewide important soils. 15. Dumping and Trash. The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, and composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with Sound Agricultural Practices. No biodegradable material used for composting, whether generated on the Property or imported to the Property, may be used for resale. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property is permitted by this Easement. 16. Permission of Grantee. When Grantor is required to obtain Grantee's permission for a proposed action pursuant to the Easement, such permission shall be requested in writing. Grantee shall grant permission unless it determines that such action is 1) incompatible with the Purpose of this Easement or 2) not subordinate to the agricultural use of the Property. Such permission shall not be unreasonably withheld. Grantee shall respond with a decision in writing within forty-five(45) days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. If mutually agreed upon by Grantee and Grantor, this timeline may be reasonably extended. Grantee shall not be liable for damages for any failure to grant permission to Grantor. The permission contemplated in this Paragraph is in addition to any other approvals that may be required by the Town Code of Southold (the "Town Code"). 17. Ongoing Responsibilities of Grantor and Grantee. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to,the following: 17.(a). Taxes Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If,as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee 9 out of 16 for the same. 17.(b). Upkeep and Maintenance Grantor shall be solely responsible for the upkeep and maintenance of the Property,to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 18. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described,or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 19. Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 20. Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 10 out of 16 21.Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary,through temporary or pennanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and(b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 22. Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a"public body" or"not-for-profit conservation organization" as defined by Article 49 of New York State Environmental Conservation Law or "qualified organization"under Section 170(h)of the Code, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Article 49 of New York State Environmental Conservation Law and Section 170(h) of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as"Grantee" and shall not unreasonably withhold or delay such approval. 23. Transfer of Property. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This conveyance, lease, mortgage, easement, etc. is subject to a Conservation Easement which runs with the land and which was granted to the Town of Southold, Suffolk County,New York by instrument dated July 30, 2013, and recorded in the office of the Clerk of Suffolk County at Liber Page " Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty (30) days before conveying the Property,or any part thereof or interest therein,to any third party. The failure to notify Grantee or New York State Department of Agriculture and Markets or to include said language in any deed or instrument shall not, however, affect the 11 out of 16 validity or applicability of this Easement to the Property or limit its enforceability in any way. 24. Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 24, Section 27 ("Proceeds") of this Easement shall apply to such alienation. 25. Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Environmental Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. 26. Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2 ("Purpose"), extinguish or modify this Easement in accordance with applicable law. In that case,the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain, make impossible the continued use of the Property for the Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 27 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 27. 27. Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee,which,for 12 out of 16 purposes of calculating value in the event of any such extinguishment or partial extinguishment, alienation or proceeds from a sale or other disposition of the Property as contemplated under Section 24 ("Alienation") or Section 26 ("Extinguishment of Easement'), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement(the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 76%. The Proportionate Share shall remain constant(subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to that paid using State Farmland Protection Program Grant funds, Grantees agree to use such portion in a manner consistent with the primary Purpose of this Easement; to enable land to remain in active agricultural and forestry use. Prior to such re-use, Grantee must notify the New York State Department of Agriculture and Markets 28. Interpretation. This Easement shall be interpreted under the laws of the State of New York,or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 29. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 30. Severability. Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 31.Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i)by personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three (3) business days after same is delivered to a post office or deposited in an official depository under the exclusive care and custody of the United States Postal Service. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property; or (d) if to New York State Department of Agriculture and Markets, l OB Airline Drive, Albany,New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 13 out of 16 32.Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 33. Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels,as collateral for a subsequent borrowing. Any subsequent liens on the Property must be subordinate to this Easement. 34. Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to hold harmless, defend, and indemnify Grantee and New York State Department of Agriculture and Markets against and from, any and all loss,cost, claim(without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. 36. Duration of Easement. Except as expressly otherwise provided herein, this Easement shall be of perpetual duration,and no merger of title, estate or interest shall be deemed effected by any previous,contemporaneous, or 14 out of 16 subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof,to Grantee, it being the express intent of the parties that this Easement not be extinguished by,or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 37. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment of Easement'). 38.Waiver. No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 40. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF,Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. NORT C RATOO Q_ Grantor: / r By: Eric D. Kei , Managing Member TOWN OF SO HOLD Grantee: Q By: SCMT A. RUSSELL, Supervisor 15 out of 16 „ State of New York ) County of �IMOIX ), ss: On the _day of July in the year 2013 before me,the undersigned,personally appeared Eric D. Keil, 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. Signature/office of individual taking acknowledgement State of New York ) PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 / County of Scr ), ss: 0_ralified In Suffolk County 41 9 J Commission Expires Aprilo On the day of July in the year 2013 before me, the undersigned,personally appeared Scott A. Russell, 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. j ' A k ,L2� Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Noo. C1 FState of A4950146 w York OUalifi.ed In Suifofk County d Commission Expires April 24, 26 16 out of 16 SCHEDULE A Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly comer of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West, 490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad(MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. SURVEY OF DEVELOPMENT RIGHTS EASEMENT AREA MAARATOOKA NORTH, LLC •" SITUATE MATTITUCK so�L�eis TOWN OF SOUTHOLD ! °P SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-02-06 SCALE I =100' \ _ _ JUNE 5. 2013 ra. ,a. /•8 .ozo soo�o. l \ �ou\�mT A"o seoa x. .a. ii./zzsao n x d HEY MAP cER £moa +ouTI c a Id SCALE 1"-1000' 1.— or soUT+Om Ac [+7 ceaUt TURF e�T�`.:'Elln..¢ cows,. fD O v,Ic �`�ROP0565 OPS 6 \ b i • \ \\ 4 a 6 \ v m 3 x � h b \ w 00 m N 87'36'30" w ° 93.15' Nathan Taft Corwin III • • 4 " M 8736 20' 512 N Land Surveyor MAIN ROAD NYS RT 25 Fidelity National Title Insurance Company POLICY NO.:NY-FRVH-SAM-2730632-1-13-86245 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(6/17/06) With New York Coverage Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Contrany at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCL USIONSFROM COVERAGE, THE EXCEPTIONS FROMCOVERAGE CONTAINED INSCHEDULB B,AND THE CONDITIONS,FIDELITY NATIONAL TITLE INSURANCE COMPANY,a California corporation(the"Company')insures,as of Date ofPohcy and,to the extentstated in Covered Risks 9 and 10, after Date of Policy,against loss or damage,not exceedingthe Amount of Insurance,sustainedor incurred by the Insured by reason of 1. Title being vestedother than as statedin ScheduleA. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (i) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under ajalsified,expired,or otherwise invalidpower ofattorney; (vi) a documeninotproperlyfrled,recorded,or indexedin the Public Records includingfailure to perform those acts by electronic means authorized by law; or (vii) a defectivejudicialor administrativeproceeding. (b) The lien of real estate taxes or assessments imposed on the Tide by a governmental authoritydue or payable,but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adversecircumstanceaffectingthe Title thatwouldbe disclosedbyan accurateandcomplete land surveyofthe Land.The term"encroachment"includesencroachmentsofexistitg improvements locatedon the Land onto adjoiningland,and encroachments onto the Land ofexistingimprovementslocated on adjoiningland. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcementofanylaw,ordinance,permit,or governmentalregulation(includingthose relatingto buildingandzoning)restricting,regulating, prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvementerected on the Land, (c) the subdivision of land,or (d) environmentalprotection ifa notice,describinganypart ofthe land,is recordedin the Public Recordssetting forth the violationor intentionto enforce,but only io the extent ofthe violation or enjorcementreferredto in that notice. 6. An enforcementaction basedon the exercise ofa governmentalpolicepower not coveredby Covered Risk 5 ifa notice ojthe enforcementaction,describingany part of the Land,is recordedin the Public Records,but only to the extent of the enforcement referredio in that notice. 7. The exercise ojthe rights ojeminent domain ifa notice of the exercise,describingany part of the Land,is recordedin the Public Records. 8. Any taking by a governmental body that has occurredand is bindingon the rights ofa purchaserfor value without Knowledge. 9. Title being vestedother than as stated Schedule A or being defective (a) as a resultof the avoidance in whole or in part,or from a court orderprovidingan ahernativeremedy,ofa transjerojall or anypart ofthe title to or any interest in the Landoccurringpriorto the transactionvesting Title as shown in ScheduleA because thatpriortransferconstimted afraudulent or preferential transfer underfederal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaserfor value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks/through 9 that has been createdor attached or has been filed or recordedin the Public Recordssubsequentio Date of Policyand priorto the recordingofthe deedor other instrumentoftransferin the Public Recordsthatvests Title as shown in ScheduleA. The Company will also pay the costs,attorneys fees,and expenses incurred in defense ofany matter insured against by this Policy,but only to the extentprovided in the Conditions. IN WITNESS WHEREOF,FIDELITY NA TIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorizedifficers. Fidelity National^Title Insurance Company By ATTEST CountersigpSEAL e s'°'°"s' uthori story 2730632(5107) ALTA Owner's Policy(8/17/08)whew York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-13-86245 Title No.: F12-7404-86245-SUFF SCHEDULE A Amount of Insurance: $1,138,330.00 Date of Policy: July 30, 2013 at 9:00 AM I. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Conservation Easement interest in real property as defined by Article 49, Title 3 of the Environmental Conservation Law of New York State 3. Title to the estate or interest in the land is vested in: Town of Southold Grant of Development Rights Easement from Maaratooka North LLC dated July 30, 2013 and recorded August 9, 2013 in Liber 12739 page 839. 4. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Rev.(01/04) Page I Fidelity National Title Insurance Company Policy No:NY-FRVH-SAM-2730632-1-13-86245 Title No.: F12-7404-86245-SUFF SCHEDULE A-1 Description Amended 06/13/13 Development Rights Easement Area ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York,bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road,N.Y.S. Route 25, at the Southwesterly comer of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the comer formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West,490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad(MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. Amended 06/14/13 INFORMATION ONLY -NOT to be insured "Open Development Area" ALL that certain plot,piece or parcel of land, situate, lying and being at Mattituck,Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road,N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main road,322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; Schedule A-1(Description) Owner's Policy Page 2 Rev.(02104) Fidelity National Titlednsurance Company Policy No.: NY-FRVH-SAM-2730632-1-13-86245 Title No.: F 12-7404-86245-SUFF SCHEDULE A-1 Continued RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 350.40 feet; RUNNING THENCE North 87 degrees 36 minutes 20 seconds East,455.41 feet;to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland,490.66 feet to the point or place of BEGINNING. FOR INFORMATION ONLY -NOT TO BE INSURED "ENTIRE Parcel' ALL that certain plot,piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road,N.Y.S.Route 25,at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main Road, 322.11 feet; RUNNING T14ENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor,2,467.15 feet to a monument and the southerly line of Long Island Railroad(MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA), 365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland,2,377.93 feet to the point or place of BEGINNING. Schedule A-I(Description) Owner's Policy Page 3 Rev.(02/04) Fidelity National Title Insurance Company p Policy Number: NY-FRVH-SAM-2730632-1-13-86245 Title No.: F12-7404-86245-SUFF SCHEDULE B -PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights of tenants and persons in possession. 2. Tax search shows the assessed owner is paying Town, School, Village taxes at a reduced rate as the result of a Agricultural exemption. Company excepts the retroactive imposition of Town, School and/or Village real property taxes, interest and/or penalties that may be assessed as a result of the transfer of ownership or a change in the property classification. 3. Declaration of Covenants& restrictions in Liber 12731 cp 519. 4. Survey made by Nathan Taft Corwin III dated 06/05/13covering premises and more shows as to subject premises: vacant land. Visible bean in westerly premises;farm road encroaches East of part of westerly record line. 5. Policy excepts rights of others over and along that portion of the premises being encroached upon by the farm road encroaching into the westerly part of premises. 6. Mortgage made by Maaratooka North, LLC to First Pioneer Farm Credit, ACA in the amount of$1,150,000.00 dated December 15,2003 and recorded February 6, 2004 in Liber 20644 page 881. 7. Mortgage made by Keil Alvahs Lane Farm, LLC and Marratooka North, LLC to First Pioneer Farm Credit, ACA in the amount of$1,700,000.00 dated December 23,2008 and recorded January 6, 2009 in Liber 21779 page 689. Schedule B Owner's Policy Rev.(02/04) Page 4 Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "I 1. Any statutory lien arising under Article 2 of the New York Lien Law for services,labor or materials furnished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted,and the following is substituted: 5. Any lien on the Title for real estate taxes,assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company SEAL by •near �Mw STANDARD NEW YORK ENDORSEMENT(7-01-12) FOR USE WITH ALTA LOAN POLICY(6-17-06) EXCLUSIONS FROM COVERAGE The followingmatters are expresslyexcludedfrom the coveragcof this policy,and the Companywil(notpay loss or damage,costs,attomeys'fees,or expenses that arise by reasonof I. (a) Any law,ordinance,permit,or govemmentalregulation(includingWose relating to building and zoning)restricting,regulating,prohibiting,or relatingto (i) the occupancy,use,or enjoymentof the Land; (ii) thechamcter,dimensions or locationof any improvementerected on the Land; (iii) the subdivisionofland;or (tv) environmental protection; or the effect of any violationof these laws,ordinances,or governmental regulations.This Exclusion I(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmentalpolice power.This Exclusion I(b)does not modify or limit the covemgeprovided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverageprovided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company bythe Insured Claimantprior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attachingor created subsequentto Date of Policy(however,this does not modify or Iimitthe coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyanceor fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Titlefor real estate taxesor assessments imposedby govemmenmlauthorityand createdor attachingbetweenData ofPolicyand the date ofrecordingofthe deed or other instmmentof transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS from the Insured of either(i)an estate or interestin the Land,or(n)an obligation secured The followingterms when used in this policymean: by a purchase money Mortgagegiven to the Insured. (a) "Amountoflnsumm":The amountstated in Schedule A,as maybe increasedor 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT decreased by endorsementto this policy,increasedby Section 8(b),or decreased by Sec- The Insured shall notifythc Companypromptly in writing(i)in case of any litigation tions 10 and I 1 of these Conditions. as set forth in Section 5(a)of these Conditions,(ii)in case Knowledgeshall come to an In- (b) "Date of Policy":The date designatedw'Date of Policy"in Schedule A. sured hereunderofmyclaimoftitleor interestthat is adversetothe Title,as insured,and (c) "Entity":A corporation,partnership,trust limited liability company,or other that mightcause loss or damagefor which the Companymay be liablebyvtrhre ofthispol- similar legal entity. icy,or(iii)if the Title,as insured,is rejected as Unmarketable Title.If the Company is (d) "Insured":The Insured named in Schedule A. prejudiced by the failureofthe Insured Claimantto provide prompt notice,the Company's (i) The term"Insured"also includes liabilityto the Insured Claimantunderthe policyshall be reduced to the extent oftheprej- (A)successors to the Titleofthelnsuredby operationof law as distinguished udice. from purchase,including heirs,devisees,survivors,personal representatives,or next of 4. PROOF OF LOSS kin; In the event the Company is unable to determine the amount of loss or damage,the (B)successors torn Insured by dissolution,merger,consolidation,distribu- Company may,at its option,require as a conditionofpaymentthat the Insured Claimant tion,or reorganization; furnish a signed proof of loss.The proof of loss must describe the defect,lien,cncum- (C)successors to an Insured by its conversionto anotherkind of Entity; bmnce,or other matter insured against by this policy that constitutesthe basis of loss or (D)a grantceofan Insured under a deed deliveredwithoutpaymentofactual damage and shall state,to the extent possible,the basis ofcalculatingthe mount ofthe valuable considerationconveyingthe Title loss or damage. (1) if the stock,shares,memberships,or other equity interests of the 5. DEFENSE AND PROSECUTION OF ACTIONS grantee are wholly-owned by the named Insured, (a) Upon written request by the Insured,and subjecttothe options containedinSec- (2) if the gimmewhollyowns the named Insured, tion 7 of these Conditions,the Company,at its own cost and withoutunreasonabledelay, (3) if the grantee is wholly-owned by an affiliated Entity of the named shall provide for the defense of an Insured in Iitigationin which any third party asserts a Insured,providedthe affiliatedEntityand the named Insured are both wholly-owned bythe claim coveredby this policyadvcoe to the Insured.This obligations limitedto onlythose same person or Entity,or stated causes of action allegingmatters insured againstby this policy.The Company shall (4) if the gmateeis atrustmor beneficiaryofatrustcreatedbyawritten have the rightto selectcounselof its choice(subjectto the rightofthe lnsuredto object for instmmentestablishedbythe Insured named in ScheduleA for estate planningpurposes. reasonablecause)to representthe Imuredas to those stated causesofaaion.It shall not be (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights and de- liable for and will not pay the fees of any other counsel.The Company will not pay any fences as to any successor that the Company would have had against my predecessor in- fees,costs,or expenses incurred by the Insured in the defense of those causes of action sured. that allege matters not insured against by this policy. (e) "Insured Claimant":An Insured claimingloss or damage. (b) The Companyshall have the right,in additionto the optionscontainedin Section (f) "Knowledge"or"Known":Actual knowledge,notconstmctiveknowledge or no- 7ofthese Conditions,at its own cost,to instimteand prosecuteanyaction or proceeding or tice that may be imputed to an Insured by reason of the Public Records or any other rec- to do any other act that in its opinionmay be necessary or desirable to establishthe Title, ords that impart constructive notice of matters affecting the Title. as insured,or to prevent or reduce loss or damage to the Insured.The Companymay take (g) "Land":Thelanddescribedin Schedule A,andaffrxedimprovementsthatbylaw any appropriateactionundertheterms of this policy,whetheror not it shall be liableto the consti[utereal property.The term"Land"does not includeanyproperty beyond the lutes of Insured.The exerciseof these rights shall not be an admissionofliabilityor waiverofmy the area described in Schedule A,nor any right,title,interest,estate,or easement in abut- provisionof this policy.If the Companyexercises its rights under this subsection,it must ting streets,roads,avenues,alleys,lanes,ways,orwaterways,but this does not modify or do so diligently. limit the extent that a right of access to and from the Land is insured by this policy. (c) Wheneverthe Company brings an action or asserts a defense as required or per- (h) "Mortgage":Mortgage,deed of trust trust deed,or othersecurityinstrument,in- mittedby this policy,the Companymaypursue the litigationtoa final deterninationbya cludingone evidencedby electronicmeans authorizedby law. courtof competentjurisdiction,and it expresslyreserves the right,in its sole discretion,to (i) "Public Records":Records establishedunder state statutes at Date of Policy for appeal from any adversejudgmentor order. the purposeof impartingconstructivenoticeof matters relatingto real property to purchm- 6. DUTY OF INSURED CLAIMANT TO COOPERATE ers forvalue andwithoutKnowledge.With respectmCovered Risk 5(d),"Public Records" (a) In all cases wherethis policy permits or requires the Company to prosecute or shall also include environmental protection liens filed in the records of the clerk of the provide for the defense of any action or proceedingand any appeals,the lnsuredshallse- United States District Court for the district where the Land is located. cure to the Companythe right to so prosecute orprovide defense inthe action orproceed- O "Title":The estate or interest described in Schedule A. ing,including the right to use,at its option,the name of the Insured for this purpose. (k) "UnmarketableTitle":Title affectedby an allegedor apparentmatterthatwould Wheneverrequested by the Comparry,the Insured,at the Company'sexpense,shall give permit a prospectivepurchaser or lessee of the Title or lenderon the Title to be released the Companyall reasonablend(i)in securingevidenm,obtainingwimesses,prosecuting from the obligationto purchase,lease,or lend if there is acontractualconditionrequiring or defendingthe actionor proceeding,or effectingsettlement,and(ii)in any other lawful the delivery of marketabletitic. act that in the opinionofthe Companymay be necessaryor desimbleto establishthe Title 2. CONTINUATION OF INSURANCE or anyothermatteras insured.If the Comparyis prejudicedby the failureofthelnsuredto The coverageof this policy shall continue in force as of Date of Policy in favorofan famish the required cooperation,the Company'sobligatlons to the Insured under the policy Insured,but onlyso longas the Insured retains an estate or interest in the Land,or holds an shall terminate,includingany liabilityor obligationto defend,prosecute,or continue any obligationsecured by a purchase money Mortgagegivenby a purchaserfrom the Insured, litigation,with regard to the matter or matters requiring such cooperation. or onlyso longas the Insured shall have liabilityby reason ofwaranties in any transferor (b) The Companymay reasonablyrequirethe Insured Claimant to submit mexamina- conveyanceof the Title.This policy shall not continue inform in favor of any purchaser tion underoathby any authorizedmpmwntativeoftheCompanyandtoproduce forexam- 2730632(5/07) ALTA Owners Policy(8/17/00)whew York coverage Endorsement Appended ination,inspection,and copying,at such reasonabletimes and places as maybe designated 11. LIABILITYNONCUMULATIVE by the authorizedrepresentativeof the Company,all records,in whatevermedium main- The Amount of Insurance shall be reduced by any mount the Company pays under tained,including books,ledgers,checks,memoranda,correspondence,reports;.-mails any pol icy insuring a Mortgage to which exception is taken in Schedule B or to which the disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasons- Insured has agreed,assumed,or taken subject,or which is executed by an Insured after bly pertain to the loss or damage.Further,if requested by any authorizedrepresentativeof Date of Policy and which is a charge or lien on the Title,and the mount so paid shall be the Company,the Insured Claimant shall grant its permission,in writing,for any author- deemed a payment to the Insured under this policy. ized representativeof the Company to examine,inspect,and copy all of these records in 12. PAYMENT OF LOSS the custodyor control of a third party that reasonablypertainto the loss or damage.All in- When Iiabilityand the extent of loss or damage have been definitelyfixed in accord- formation designated as confidential by the Insured Claimant provided to the Company wee with these Conditions,the payment shall be made within 30 days. pursuantto this Section shall not be disclosedto others unless,in the masonablejudgment 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT of the Company,it is necessary in the administrationof the claim.Failure of the Insured (a) Whenever the Company shall have settled and paid a claim under this policy,it Claimantto submit for examinationunder oath,produccaryreasonablyrequestedinfor- shall be subrogatedand entitledto the rights of the Insured Claimantin the Title and all million,Or gmntpermissionto secure reasonablyneccssary information from third parties otherrights and remedies in respect to the claim that the lnsuredClaimanthas againstany as required in this subsection,unless prohibitedby law or govemmentalregulation,shall person or property,to the extent ofthe amountofmy loss,costs,aftomeys'fees,and ex- terminate any liabilkyof the Company under this policyas to that claim. penses paid by the Company.Ifrequestedbythe Company,theinsuredClaimantsha8ex- 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION ecute documentsto evidencethe transferto the Companyofthese rights and remedies.The OF LIABILITY Insured Claimant shall permit the Companyto sue,compromise,or settle in the time of In case of a claim under this policy,the Companyshall have the followingadditional the lnsuredClaimmtmd to use the name ofthe lnsuredClaimantln any transactionorlit- options: igation involvingthese rights and remedies. (a) To Pay or Tender Payment of the Amount of Insurance. If a paymenton accountofa claim does not fullycoverthe loss ofthe lnsuredClahn- Topay ortenderpaymentofthe Amountoflnsumnceunder this policytogetherwith ant,the Company shall defer the exercise of its right to recover until after the Insured any costs,attomeys'fees,andexpenses incurred by the lnsuredClaimamthat were author- Claimant shall have recovered its loss. ized by the Company up to the time of paymentor tender ofpayment and that the Compa- (b) The Company'srightofsubrogationincludestherights ofthe lnuredtoindemni- ny is obligatedto pay. ties,guaranties,otherpoliciesof insurance,or bonds,notwithstandingany terms or condi- Upon the exercise by the Company of this option,all liabilityand obligationsof the tions contained in those instruments that address subrogationrights. Compmyto the lnsuredunderthis Policy,otherthan to make the paymentrequired in this 14. ARBITRATION subsection,shall terminate,includingany liabilityor obligationto defend,prosecute,or Eitherthe Companyor the Insured may demandthatthe clatmor controversyshall be continue any litigation. submitted to arbitritionpursuantto the Title InsurmceArbitrationRulesofthe American (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the In- Land Title Association('Rules")Except as provided in the Rules,them shall benojoin- sured Claimant. der or consolidationwith claims or controversiesofotherpersons.Arbitrablematters may (i) To pay or otherwisesettle with otherparties for or in the time of an Insured include,but arenot limitedto,any controversyor claim betweenthe Comparryand the In- Claimantany claim insured against under this policy.In addition,the Company will pay sured arisingoutoforrelatingto this policy,myservice in connectionwith its issuanceor any costs,attomeys'fees,and expenses incurredby the lnsuredClaimantthatwere author- the breach of a policy provision,or to any other controversy or claim arising out ofthe ized by the Company up to the time of payment and that the Company is obligatedto pay; transaction givingrise to this policy.All arbitrable matters when the Amount of Insurance or is$2,000,000 or less shall be arbitrated at the option ofeitherthe Companyor the Insured. (ii) To pay or otherwisesettle with the Insured Claimantthe loss or damage pro- All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be videdfor underthis policy,togetherwith any costs,attorneys'fees,and expenses incurred arbitratedonlywhen agreedto by both the Companyand the Insured.Arbitmtionpursuant by the InsuredClaimantthat were authorizedby the Company up to the time of payment to this policy and under the Rules shall be binding upon the parties.Judgment upon the and that the Company is obligatedto pay. award renderedby the Arbitrator(s)may be enmredin any courtof competentjurisi fiction. Upon the exerciseby the Companyofeitherofthe optionsprovidedfor in subsections 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (b)(i)or(ii),the Company'sobligationsto the Insured under this policy for the claimed (a) This policytogetherwith all endorsements,if any,attachedto it by the Company loss or damage,other than the payments required to be made,shall terminate,including is the entire pol icyand contract between the Insured and the Company.In interpretingany any liability or obligationto defend,prosecute,or continue any litigation. provision of this policy,this policy shall be construed as a whole. 8. DETERMINATION AND EXTENT OF LIABILITY (b) Any claim of loss or darnagethat arises out ofthe status of the Titleor by my ac- This policy is a contract of indemnity against actual monetary loss or damage sus- tion asserting such claim shall be restricted to this policy. tained or incurred by the Insured Claimant who has suffered loss or damage by reason of (c) Any amendmentofor endorsementtothis policymustbeinwritingandauthenti- matters insured against by this policy. cated by an authorized person,or expressly incorporatedby Schedule of this policy. (a) The extent ofliabilityofthe Company for loss or damage underthis policyshall (d) Each endorsementto this policy issued at any time is made apart of this policy not exceed the lesser of and is subject to all of its terns and provisions.Except as the endorsement expressly (i) the Amount of Insurance;or states,it does not(i)modify any of the terms and provisionsof the policy,(ii)modify my (ii) the difference between the value of the Title as insured and the value of the prior endorsement,(iii)extend the Date of Policy,or(iv)incremcthe Amount oflnsur- Title subject to the risk insured againstby this policy. ance. (b) If the Companypursues its rights under Section 5 of these Conditionsand is un- 16. SEVERABILITY successful in establishingthe Title,as insured, In the event any provisionof this policy,in whole or in part,is held invalidor unen- (i) the Amount of Insurance shall be increased by 10%,and forceableunderapplicablelaw,the policyshallbe deemednotto includethatprovisionor (ii) the Insured Claimant shall have the right to have the loss or damage deter- such part held to be invalid,but all other provisions shall remain in full force and effect. mined either as of the date die claim was made by the Insured Chummier as ofthe date it 17. CHOICE OF LAW;FORUM is settled and paid. (a) Choice of Law:The Insured acknowledgesthe Company has underwritten the (c) In addition to the extentof liabilityunder(a)and(b),the Companywill also pay risks coveredby this policyanddeterminedthe premiumchargedtherelitor inreliance upon those costs,attomeys'fees,and expenses incurred in accordwrewith Sections 5 and 7 of the law affecting interests in real property and applicableto the interpretation,rights,rem- these Conditions. cdies,or enforcementofpoliciesoftitie insuranceofthejurisdictionwhem the Landis lo- 9. LIMITATION OF LIABILITY cated. (a) If the Company establishes the Title,or removes the alleged defect,lien or en- Therefore,the court or an arbitmtorshall applythe law of thejurisdiction where the cumbrance,or curesthe lackofa rightof access to or from the Land,or cures the claimof Land is locatedto determinethe validityof claims againsithe Title thatare adverseto the UnmarketableTitle,all as insured,in a reasonablydiligentmannerby any method includ- Insured and to interpretand enforcethe terms of this policy.In neithercase shall the court ing litigationand the completionofmy appeals,it shall have fully performed its obliga- or arbitratmapply its conflictsof low principlesto determine the applicablelaw. tionswithrespectto that matterand shall not be liablefor any loss or damagecatsed to the (b) Choice of Fomm: Any litigation or other proceeding brought by the Insured Insured. againstthe Compmymust be filed onlyin a state or federal courtwithinthe United States (b) In the event of any litigation,including litigation by the Company or with the of America or its territories having appropriatejurisdiction. Company'sconsent,the COmpanyshall have no liabilityfor loss or damageuntil them has 18. NOTICES,WHERE SENT been o final detenninationby a court of competentjurisdiction,and dispositionof all ap- Any notice of claim and any other notice or statement in writingrequired to be given peals,adverse to the Title,as insured. to the Companyunder this policymust be given to the Companyat FidelityNational Tide (c) The Companyshall notbe liablefor loss or damageto the lnsuredfor liability vol- Insurance Company,Attn: Claims Department P.O.Box 45023,Jacksonville,Florida untarilyassumed by the Insured in send ingmy claim or suit withoutthe prior written con- 32232-5023. sent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy,exceptpaymentsmade for costs,attomeys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. 2730632(5/07) ALTA Owner's Policy(8/17/08)whew York coverage Endorsement Appended CLOSING STATEMENT MAARATOOKA NORTH, LLC to TOWN OF SOUTHOLD part of SCTM #1000-115.-2-6 Total Development Rights Easement— 18.0 acres Total Parcel Acreage —22.5 acres Open Development Area ("ODA") = 4.5 acres Required Subdivision Open Space = 1.01 acres* *acreage not included in purchase price calculation Premises: 17405 NYS Route 25, Mattituck, New York Closing took place on Tuesday, July 30, 2013 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $ 1,138,330.00 (based upon 16.99 buildable acres @ $67,000/buildable acre) disbursed as follows: Payable to Maaratooka North, LLC $ 537,830.00 Check #118282 (7/30/2013) Payable to Farm Credit East, ACA $ 600,000.00 Check #118249 (7/30/2013) Payable to William F. Bates, Esq. $ 500.00 Check #118218 (7/30/2013) $ 1,138,330.00 Project eligible for partial reimbursement costs from an awarded NYS Agriculture & Markets grant in the amount of$530,459.00 Expenses of Closing: Appraisal (pre-contract) Payable to Given Associates, LLC $ 2,800.00 Check #98674 (11/18/2008) Appraisal Payable to Given Associates, LLC $ 2,790.00 Check #118094 (7/16/2013) Survey Payable to Nathan Taft Corwin, III Land Surveyor $ 250.00 Check #118412 (8/13/2013) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 950.00 Check #117758 (6/4/2013) Title Report Payable to Fidelity National Title Insurance Co $ 5,456.00 Check #118251 (7/30/2013) Title insurance policy $ 5016 Recording easement & 385 Certified copy of easement $ 15 Recording Service Charge $ 40 Title Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check #118247 (7/30/2013) Those present at Closing: Lisa Clare Kombrink, Esq. Attorney for Town of Southold Eric Keil Seller - Managing Member Daniel C. Ross, Esq. Attorney for Seller Patricia Fallon Title Company Closer Bob Fallon Title Company Closer (in training) Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst Town Legal Fees paid to Special Counsel: Lisa Clare Kombrink, Esq. of Twomey, Latham, Shea, Dubin, Kelley and Quartararo, LLP Invoice dated: Amount Paid: 3/4/2009 $ 357.00 4/2/2009 $ 189.00 5/5/2009 $ 42.00 $ 588.00 6/8/2009 $ 156.00 7/7/2009 $ 1,735.50 8/4/2009 $ 1,209.00 9/10/2009 $ 936.00 10/13/2009 $ 58.50 $ 4,095.00 11/7/2012 $ 798.00 12/7/2012 $ 174.15 1/8/2013 $ 987.00 2/7/2013 $ 2,234.00 3/7/2013 $ 294.00 4/4/2013 $ 777.81 5/6/2013 $ 1,262.00 6/7/2013 $ 1,324.00 7/16/2013 $ 693.20 $ 8,544.16 Total legal fees paid as of 7/25/2013 $ 13,227.16** **legal fees incurred after 7/16/2013 not included We, the undersigned parties, do hereby certify that this Closing Statement accurately reflects the distribution of the easement purchase price and expenses incurred by the Town of Southoldwards this rojec 1 mpl Eric Keil, ffiaMXging Member Maaratooka North, LLC Melissa Spiro, Land Vriiervation Coordinator Town of Southold I I I I I M . 4 . 11 1 • M of • • � fi rinw ii THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A.VO�ID nCOPY FEATURE AND WATERMARK PAPER "+��'^�R". ~ m�. '"f(1a rv�...�F+-a�""��'1�1��'�l^+.--�/^-.r"�..".....�.�rt,11�FF.��"��>'.•.^.1.�P��A.T4•....�.�ffm•....�11".•,..f . •�P "� t�+ � •P.,,+*{�+•.,,,wn(�P"��"^ *••.:,n/T' y lgyl�zl"^�T.nS^�I�n� ,.TIS`^• P.: •'1 � .rr` ,rrt ..n1T� �fP....m,f •m+�� ., �.-„r� [��.••,^!��R�••��`r��r.',rw�.�t T 1` ....nl �n?F`^-�, r7T�.�...Y�f,.k+�,.�, �, ',.n+F,�r�� ' � •.-'^IT^+....�,�Y/^ ��n��^,��-TIT"/T�.. nn �!n� .i P- ..,,TR",�,.. -nl•. n� '...A 71^-..n lTm_-.+ni F•,,,..rtl��-�.m�•�.,..w�.T^ •n•If^.�.+^li 11'e rd ++rlF•••.�..�rtIT�+� nl .•n11��..rM�Tm,•��nrtlP �x,+��Y�i��..i�ti!'.+�T�•+� +.TitF^�-.•n1P ^^ �amlF•., -�+tY/ t ?r�n�^e��-TR•^�,i^��",.�}'^n�~^-++.TTI'.^ �" �r� "'. .+71 f�•,,1.,fF.�n��{;•...,.+:� .�,.....�.1�� -....,r7P• '�•, - I'.` i� rtF�:.l ^�;. T��tT�_.n.F^...- "t+ ,rip • S'�,- 'cjl«!{7 ' l� �]�,�`�-'"�+(F^.;..,AFM•+ -! I ��.•Ar^•• IF�iT^^X�'�`ii r, �.� Tra*• ""��'r�^^-.TI � ^ �✓ +'r p^�-"RS �;:•,:�F_ ^ ,r'• a s r r THE ORIGINAL CHECK HAS A COLORED BACKGROUND. A VOID ^OPV FEATURE AND WATERMARK PAPER A. T v-�,..»YM YT^T•..+�� AIT nn....�e .,..1� . �tt..�"j!i�'Y n:�"yV ;:per„•�^ ..:1P'--...d' �.- -r �%K�t'^,�. .. �:"ItT�.."R'^!i fr •"�('+�•_ .u}TM. .+fl. �N1 ..fir; , � i{ � --N+VwP df r WILLIAM F. FATES, ESQ. BILL 120 Court Street DATE Riverhead, NY 11901-3003 (631) 727-0050 6/3/2013 FAX (631) 369-4080 CLIENT MAARATOOKA NORTH, LLC Jeffrey Alan Keil, Manager/Member 107 Rutland Road Melville NY 11747 DESCRIPTION AMOUNT Professional Services Rendered in connection with preparation of, 500.00 attending to execution of and delivery in escrow of Agreement of Non-Interference with Development Rights with Farm Credit East, ACA as Successor by Merger to First Pioneer Farm Credit, ACA, Liber 20644 page 881 and Liber 21779 Page 689, property at Mattituck, NY, DUE Total Due $500.00 Interest at the rate of 1.5% per month will be added to all balances not paid within thirty(30) days from the date hereof. M . 8 Mt of THE ORIGINAL CHECK HAS A COLORED BACKGROUND A VOID COPY FEATURE AND WATERMARK PAPER ^« .w ,,.�;,t.,.�r _m- =fhm xr—1`'-� ^Ir.. �+n.*11^�..�{n.�_TM.fnA -T E 50 R G I V E N Invoice A S S O C I A T E S Date Invoice B 548 Route 111 /PO Box 5305 10/16/2008 626 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check Payable to:GIVEN ASSOCIATES,LLC File No. Terms 2008247 Due upon Receipt Description Amount Appraisal of Development Rights of Real Property of Marratooka North, LLC 2,800.00 Located 17405 Route 25, Cutchogue, NY SCTM# 1000-115-2-6 File#2008291 IL v � � Balance Due �2soo.00 RGIVEN .l s sot IA l E TOWN OF SOUTHOLD VENDOR 007416 GIVEN ASSOCIATES LLC 11/18/2008 CHECK 98674 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 18900 626 APPRAISAL-MARRATOOKA 2,800.00 TOTAL 2,800.00 y '4 sm I HE 01!Gl NAL CHECK HASA COLOR ED BACKGROUND AVOID -C PY FEATURE AND WAI Eq-AARK PA-ER ©PS�U�t10 AUDIT 11/18/08 RDAD POB X I 1 .,Fe, yspttyStaoss -< - ON,£CSQ„NO. 98674 ,y SUFFOLK CO,NAtIONK BANX 0'9867 Q�y, fr/y n , �CVFp10GWE.rov 1113! A�10UNT J VV< V 5",UU214 11/18/2008r $2,800.00 TKO THOUSIGHT HUNDRED AND 00/100 DOLLARS- . dY 'GIUyCIATE9 LLC to Im SAPS OF �' -117:$8.0306L Joe, ,to 0 98 674116 1:021405L.6 In 1: 63 000004 Olin F, G I V E N Invoice A 5 5 0 L I A T E 5 Date Invoice ti 5388 ROUTE 25A 3/26/2013 1 175 CALVERTON, NY 11933 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1 179 Southold NY 11971-0959 Please make check payable to:GIVEN ASSOCIATES, LLC File No. Terms 2013107 Due upon Receipt Description Amount Appraisal of Real Property of Marratooka, LLC Located 17405 Route 25A, Mattituck, NY SCTM #1000-115-2-6 3,100.00 Less Professional Courtesy Discount(10%) _310.00 i11LSL�ls�U l0 DLPT.O LlAQ PRLSf.2VATl Balance Due $2,790.00 F-GIVEN ♦ S Sn [ 1555 TOWN OF SOUTHOLD VENDOR 007416 GIVEN ASSOCIATES, LLC 07/16/2013 CHECK 118094 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25303 1175 APPRAISAL-MARRATOOKA 2,790.00 TOTAL 2,790.00 F 01 fj - -- i.. 4a 9W 1Qj6Y �}M r. �r�:. .�y, �b;►*wI i /t� '9 yam`• I 'v.. 9J ilONixL B9NkK� vMP`r� _/,� :Iki Jb"Mv1^yfip AN �t xt aua AIt111 Tho/ THO& t� ti ''Sk4+"'�W,2•h_',tF`e!' '_+f• "etax�` .i.}.o - � .�p.'d ar Y d��".0 a*�:M"."y,W^".y6i&. ^`y�Pa iVw �4u��7k" !�'"y►a' iia"'1!!i".�..�`�gn."Y II PAY �%c - ,,;as+"'ev ,' -:w,w w1l/- w1r• >nsa.^ o D .r. ♦PM Sn.r wl�.n. OF y�j`Y.,�,�' V i LBOgto' 1:0 2 L4054641: 63 000004 01' NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice P.O. BOX 16 Jamesport,New York 11947 Date Invoice# Office Location: 1586 Main Road,Jamesport NY 6/13/2013 5829 Phone#631-727-2090 Fax# 631-727-1727 Bill To Town of Southold Land Preservation P.O.Box 1179 Southold,New York 11971 Att:Melissa Job# Client: Terms S.C.Tax Lot No. 30-057-B Maaratooka North 30DAYS 1000-115-02-06 Description Amount Revise maps and 12 paper prints and 3 mylars 250.00 REC EKED JUL 2 6 2013 DEPL OF I AM Total $250.00 Payments/Credits $0.00 A service charge of 2%per month will be charged on balances 90 days past due Balance Due $250.00 TOWN OF SOUTHOLD VENDOR 013975 NATHAN T CORWIN III 08/13/2013 CHECK 118912 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 25308 5829 SURVEY-MAARATOOKA NORTH 250-00 TOTAL 250.00 CAD} Ae- �xx `-'Hr's- 'b�M4V'A '" _ - •4A�'.�`��"�",,q} ', w.*• •^�`"y3,,S`.-"+�L, w'J�tin- ' "'`�� I*,,,�gy.l .,gnn"".�.'Ir,�aJ,�ry ran .,� -Mme!-ww►"�Is: -- ~ .. w``.�'+w"�•`�0,1nw*- rMw.�, �;p, .pi's--�.L�.�...� '0} �Y.y, � ^�'.:, ' !+ 5/ .�� +1tY"..vud�kFNy'}.aµC�'�,► Wr' q y n%r �M^, i ? ^ ! / NBrrSY ' W"�•oe( ,VW-'- AP P ,�W "'Ap U6 a� :"'kC M.W, } 'R,,A is4 :d?..`'{MN+�P{�,�' '�AAiB'A�F9� e`roys•,M '`- iYayn ' +""'4IIdp Wt1► •JAC';,- a%p uwr xw hr Agr ,,,.rte yyp.• h `$' "'n ''A',n7y,'as ♦ 'h AYn'"�y}�ya"6bs' rya*. „FvA'`+Y4W �*e�"". *. x r w... .+., s .�,u .r ''L'ux.IM1 �;A.te {ysya Y�II� vJ� ad+b 'q✓en}�'�� r w;,j+W. �r�l9e -�Y x'i".e iik� �rh ry4 r _ya�T..�y ;.. •�iW�"'Tty`�-y"y.�}�,`uFl��i_6�`IM" �S„ W�`. '^1^1 .r� P "..T �tl„ 'a�✓� {T '•RII�.��rMIAe,.M��y4�� '. ' '�' + N tiwMtrnu4h M 1 w.t, wn � n K 'atldX a4�A"-•edlR'+dd+r- �'.,, - M �Wrz ,� l � �` '"' � ry�' ,-8er :w., nr ^n+Aa*n.'r4�'i�'�+A1N• ��''i i 4 i 2i• �:C] 2 1405464p: 63 000004 Oil- IflVOICe Nelson Pope d Voorhis,LLC 572 Walt Whitman Road Melville,NY 11747 (631)427-5665 May 28,2013 Melissa Spiro Project No: V13XO93.001.000 Town of Southold Dept of Land Presery Invoice No: 9778 Town Hall Project Manager Steven McGinn 53095 Stale Rt 25, PO Box 1179 Southold,NY 11971 Project V13XO93.001.000 17405 Route 25,Mattituck Professional Services Phase SA Site Audit Task 1300 Phase I ESA Contract dated April 12,2013 Contract item#1 Phase I Environmental Site Assessment Fee 950.00 Total this Task $950.00 Total this Phase $950.00 MEMOTotal this Invoice $950.00 MAY 3 0 2013 om FOR YOUR CONVENIENCE,YOU MAY PAY THIS INVOICE WITH YOUR CREDIT CARD.TO PAY WITH YOUR CREDIT CARD,PLEASE COMPLETE THE INFORMATION BELOW AND RETURN BY MAIL. U VISA U Mastercard U American Express Account No. Exp.Date Amount Signature Or call our ogice with the imp ,ofimo 631-417-5665 All invoices are due net 30 d ll ays Alate charge of 1%per month wig be added to any unpaid balance after 30 days. TOWN OF SOUTHOLD VENDOR 014161 NELSON, POPE & VOORHIS, LLC 06/04/2013 CHECK 117758 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 25306 9778 PHS 1 ESA-MAARATOOKA NRT 950.00 TOTAL 950.00 „'r 1�, •a A� too � "�""'+tlV�=��y1iP._ +�I► ,,y_OVFy,+�-xlE�i �`4 � ".Y4�11�v'-. �FLL4' "Mit`>�P"�K�n�'►�' M► �y�iVY,.� #�� ' atl/Y1'�'f.Y,y ,yam i, ryW w�ty. pl�h..ryp vk. .,raAw N�.t+{{�1MY��ggi.� .o�Pk•: �,� �'` �Ma"_ y1�7y+4M�M^-+WI�11'�^WYIT'+ii4��ti.�6MbM�"�i�h��aM1Y'� �'yW�'b/r�• �"�.. �v`tl+'•ili.�+s11►. ,+►*--rte.. K.'S� ^Y61M►� +4lYY. 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'R�w -^Nsro+• °°SYIy' a 3w +tn7 k' '" Xs �.ar` -qa. x a. lot i+6Y� --49*. al `dim x,P 'roc ntc +aa lx s zyrr,«yw- wn ;at My ky> aAr -rNa•. .,yz^b *gt; s a :+;_ •ses _ e. , .+ �s54: .Jv . me` wl, a �,. -, .rte aea?•�' y,,.. �jFTL T SB�� I:C3 Y4054��.I' � � ��4 b11• ,v .xYa _,x. -.,.. ...^4 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC 24 Commerce Drive, Riverhead, New York 11901 631-727-0600 fax 631-727-0606�] Title No. Date /`,GCQly.30 -7o L3 ,,yy FEE INSURANCE COVERAGE�8 1/313,30.M PREMIUM FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rale Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX(Mortgagee) MORTGAGE TAX(Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE RANKRUPTCY/PATRIOT SEARCHES NYS SALES TAX ON DEPARTMENTAL/MUNICIFAL CHARGES RECORDING FEES: (1)DREB(� ( )SATISFACTIONS) ( )MORTGAGES) ( )CONSOLIDATION,EXTENSION&MODIFICATION AGREEMENT(S) ( )MORTGAGE AFFIDAVTT(S) ( )ASSIGNMENTS) ( f)B GUiL15�N LOAN CONTRACT Q)RECORDING SERVICE FEE TOTAL CHARGES S oo CLOSER CHARGES,IF ANY: PICK-UP FEE: (O OTHER: PATRICIA L.FALLOW Title Closer M . 1 . 01 It M . 61 of THE ORIGINAL CHECK HAS A COLORED BACKGROUND A VOID COPY FEATURE AND WATERIMARK PAPER :A ff I I I I I • • • • • • Celli ry i THE ORIGINAL CHECK HAS A COLORED BACKGROUND. A VOID COPY FEATURE AND WATERMARK PAPIER -.ni�. .�F�w-•,fi^�. --fir~: .�+n.�-+�. -.+if^...-�t+:,dr .�.:�1�,., mom.-*tr�,.,:-.err,;_ •.,. *+r'" ,. r "l n* " � �r x ^ 'r *n .�r "�sir Mm. �n�,,,.,, nr .,''tr*�. ...m ..•af•.,..m, a *r IN . •^'!7"'•�-"M�" e�}o.._...�In+-.. .+eflu.....,.4^ _-+r"IA��_.mMl"�.�F^•,:�1� 'q}^�,-±�h±,: ole... .."1'..«+ r "�i^--^m^ ^fir^ -s � � A' .�tr��m-'�•m�"�i fm- IT +eqr' _i4� -•iia it ..n. a„r ..:. ! � ,' 'e; .�•.:*.�R ....:�^ re^-_.:"e4�� r n OFFICE LOCATION: MELISSA A. O� CSG Town Hall Annex LAND PRESERVATION COORDINATOR hl. y 54375 State Route 25 COOK melissa.spiro@town.southold.ny.us G (comer of Main Rd&Youngs Ave) Southold,New York Telephone(631)765-5711 1 T Facsimile(631)765-6640 MAILING• �� MAILING ADDRESS: �01 �a0 P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: July 31, 2013 Re: MAARATOOKA NORTH, LLC to TOWN OF SOUTHOLD Part of SCTM#1000-115:2-6 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 17405 Main Rd (Rt 25), Mattituck SCTM#: part of 1000-115.-2-6 PROPERTY OWNER: Maaratooka North, LLC CONTRACT DATE: October 8, 2009 PURCHASE DATE: Closing took place July 30, 2013 PURCHASE PRICE: $ 1,138,330 ($67,000/buildable acre based on 16.99 buildable acres) EASEMENT ACREAGE: 18.0 acres TOTAL PARCEL ACREAGE: 22.5 acres OPEN DEVELOPMENT AREA: 4.5 acres(approved by 7/30/2013 Town Board resolution#2013-589) SUBDIVISION OPEN SPACE: 1.01 acre(subdivision requirement; not calculated into purchase price) FUNDING: Town Community Preservation Funds GRANT AWARD: $530,459.00-NYS Agriculture& Markets(reimbursement) OFFICE LOCATION: MELISSA A.SPIRO �f4F su�jy Town Hall Annex LAND PRESERVATION COORDINATOR0 �Q � 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 CA G Facsimile(631)765-6640 MAILING ADDRESS: ly�'QU P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Southold Town Board AUG 1 5 2013 From: Land Preservation Department Southold Town Clerk Date: August 15, 2013 Re: Maaratooka North. LLC - Open Development Area CODA] Part of SCTM #1000-115.-2-6 In compliance with condition as set forth in Resolution No. 2013-589 adopted by the Southold Town Board on July 30, 2013, regarding the approval of an Open Development Area for Maaratooka North, LLC, attached you will find a copy of the following: • Deed of Conservation Easement dated July 30, 2013, between Maaratooka North, LLC and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on August 9, 2013, in Liber D00012739, at page 839 /md cc: Daniel C. Ross, Esq.w/attachment Eric Keil, Maaratooka North, LLC w/o attachment Aly Sabatino, Planner w/ attachment ®� RESOLUTION 2013-589 ADOPTED DOC ID: 8993 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-589 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2013: WHEREAS, on June 4, 2013 the Southold Town Planning Board granted Sketch Plat Approval on the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012 prepared by Nathan Taft Corwin, III, Land Surveyor, for a Conservation Subdivision pursuant to §240-26(A) of the Town Code; and WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, and further, that there shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, the New York State Department of Agriculture and Markets has further conditioned that the fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision approval and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, the Town Board of the Town of Southold has received a petition from Maaratooka North, LLC to establish an ODA pursuant to Chapter 240 of the Town Code on property identified as part of SCTM # 1000-120-3-11.11 and located in the A-C Zoning District; and WHEREAS, on July 16, 2013, the Southold Town Board adopted a resolution accepting the petition as complete and setting the public hearing for July 30, 2013; and ' Resolution 2013-589 Board Meeting of July 30, 2013 WHEREAS, on July 30, 2013, the Southold Town Board held and closed a public hearing on the proposed establishment of the ODArea; and WHEREAS, the Southold Town Board finds that the requirement for the establishment of an ODA pursuant to Southold Town Code Chapter 240, Article VII1, Open Development Area, have been met; and WHEREAS, the Southold Town Board declared Lead Agency status for the SEQRA review of this Unlisted Action; and WHEREAS, the Southold Town Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; and be it further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area upon the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor, subject to the following condition: The approval of the Open Development Area shall not be valid if the sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town Board of the Town of Southold on or before one year from the date of this approval. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Updated: 7/30/2013 8:44 AM by Lynne Krauza Page 2 I IIIIIII IIII VIII VIII VIII VIII(IIII VIII VIII IIII IIII IIIIII VIII IIID IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/09/2013 Number of Page's: 20 At: 04:42 :23 PM Receipt Number : 13-0099056 TRANSFER TAR NUMBER: 13-00883 LIBER: D00012739 PAGE : 839 District: Section: Block: Lot: 1000 115. 00 02 . 00 006. 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,138,330 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100.00 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 $25.00 NO RPT $60 .00 NO : Transfer tax $0. 00 NO Comm.Pres $0 . 00 NO Fees Paid $230.00 TRANSFER TAX NUMBER: 13-00883 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County EEO pages RECORDED 2013 Aug 09 04:42:23 PM - JUDITH R. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L D00012739 prior to recording. P Dra 13-00ooss3 Deed/Mortgage Instmmoat Deed/Mortgage Tax Stamp Recoding/Filing Stamps 3 FEES Page/Filing Fee DQ _ Mortgage Amt. 1. Basic Tax Handling 20. 00 2;Additional Tax _ TP-584 rJ _ Sub Total Notation SpecJAssit. EA-52 17(County) Sub Total I C�5 or Spec./Add._ . EA-5217(State) TOT.MTG.TAX _ R.P.T.S A. �`- Dual Town_Dual County_ tg, Held for Appoin nt Comm.of Ed. 5. 00 F@ , Affidavit Mansion Tax Certified Copy The Property covered by this mortgage is or will be improved by a one or two S Surcharge 15. 00 Sub Trust I p 5 family dwelling only. Other ©(.7 YES or NO Grand Total O If NO,see appropriate tax clause on C page# of thi '/tgrygey 2 4 Dist./ppyl Section //YOa Block na.60 Lot OO6,00-d 5, Community Preservation IJFtmd Real Pro 13020677 Property 1000 11500 ozoa 006000 onaideiation Amount /3 Tax Service PImproved TS Agency R DTY A PF 'ex Due S. Verification 05-AUG-1 6 Satisfactio..w.,w....a.e_.,....-�..,.._......_�,.-"----.___a.,ddress RECORD&RETURN TO: Vacant Land I�I�ECAN!£ T ) �U /O rt/,t/ OG rSOtl7HO.t4 ,(Rhvd /0411 147-AW 1161- 7, 16 -7,0, Box //79 TD 6,gaTwo.Ld, AfY 4/97/ TD Mail to:Judith A. Pascale, Suffolk County Clerk Title Com an Information 310 Center Drive, Riverhead, NY 11901 www.suffolkeountyny.gov/clerk Tide# ALASua� 8 Suffolk County Recording & Endorsement Page This page forms part of the attached ��. �� o� �sTLDNE7rjE,y.� made by: (SPECIFY TYPE OF INSTRUMENT) �!}A.QF1721oK9 /VO,PY1d/ �,(� The premises herein is situated in. SUFFOLK COUNTY,NEW YORK. TO In the TOWN of am 7z'w-(1 /t7U/.V DF JOCG7Jf'D.(d In the VILLAGE - or HAMLET of 1447n7zeclel BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING awtt I (over) Deed of Conservation Easement THIS CONSERVATION EASEMENT("Easement")is granted this_J300L day of July 2013,by MAARATOOKA NORTH, LLC,having an address at 30 East Gate Drive,Huntington,New York 11743 ("Grantor")to the TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having its principal office at 53095 Main Road, P.O. Box 1179, Southold,New York 11971. WHEREAS: A. Grantor is the owner of certain real property (the "Property")consisting of 22.50 acres,located on 17405 NYS Route 25,Mattituck, in the Town of Southold, Suffolk County,New York, designated as SCTM# 1000-115-2-6, of which 18.00 acres is subject to this Deed of Conservation Easement(hereinafter,the"Property") and more fully described in the legal survey description of the Property ("EXHIBIT A") and shown on the reduced copy of the survey ("EXHIBIT B'%both attached hereto and made a part hereof. B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law(the "ECL")to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 18.00 acres of prime soils as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL,the Legislature of the State of New York found and declared that"in order to implement the state policy of conserving,preserving and protecting its environmental assets and natural and man-made resources,the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District#1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300,it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve,protect and encourage the development and improvement of its 1 out of 16 agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that"It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..."the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The Property is located within the Town of Southold,which has adopted the Southold Town : Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. The Property is also located within the County of Suffolk,which has adopted an Agricultural and Farmland Protection Plan dated June 1996,which recommends the continued preservation of productive farmland through the purchase of development rights. In addition, the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects,promotes and sustains agriculture. J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW,THEREFORE, in consideration of the foregoing, ONE MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED THIRTY AND 00/00 Dollars($1,138,330.00) and the mutual covenants,terms,conditions and restrictions contained herein,the parties agree as follows: 1. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee, a Conservation Easement(the"Easement"), an immediately vested interest in real property defined by Article 49,Title 3 of the ECL of the nature and character described herein,for the benefit of the general public,which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform,nor knowingly allow others to perform, 2 out of 16 SII any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Primary Purpose of this easement is to conserve viable agricultural land and soil resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural and forestry viability and productive capacity. 3. Implementation. This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25- AA of the Agriculture and Markets Law. 4. Definitions. 4.(a). "Grantor" or`owner"include the original Grantor,its heirs, successors and assigns,all future owners of any legal or equitable interest in all or any portion of the Property,and any party entitled to the possession or use of all or any part thereof. 4.(b). "Grantee"includes the original Grantee(s)and its successors and assigns. 4.(c). "Farm Labor Housing" means dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner is not"farm labor housing". 4.(d). "Farm Operation" shall be defined in accordance with Section 301 of the New York State Agriculture and Markets Law("Agriculture and Markets Law"), or such successor law as enacted or amended. 4.(e). "Impervious Surfaces"are defined as structures or improvements that permanently cover soil resources.Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas; structures whose principal purpose is to protect soil and water resources,such as manure storage areas; and structures and improvements lacking permanent foundations. In determining the square footage of Impervious Surface within any structure or improvement on the Property,only those surfaces actually covered with sidewalks, driveways or a continuous foundation that individually would be deemed to be Impervious Surface shall be included in any such measurement.Under no circumstances shall a 3out of16 concrete footing associated with any structural support post or column that is not part of a continuous foundation ever be included in any such measurement of Impervious Surface. 4.(I). "Sound Agricultural Practices" is defined as those practices necessary for on-farm production,preparation and marketing of agricultural commodities,provided such practices are legal,necessary,do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary,to determine if a practice is"sound," Grantee or Grantor may request that the New York State Department of Agriculture and Markets initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor law as enacted or amended. 4.(g). "Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. As the owner of the Property, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use,possession and enjoyment of the Property,the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 ("Purpose") and not specifically prohibited or limited by this Easement. Under no circumstances shall commercial airstrips or commercial helicopter pads or similar improvements be constructed or operated on the Property. However,nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or Force Majeure. 5.(a). Right to Use Property for Agricultural Uses. Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, or such successor law as enacted or amended, and including the production of crops,livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, or such successor law as enacted or amended, or as said §301(2)(a)- 0)may be amended. The processing or retail merchandising of such crops, livestock or livestock products, and a riding academy shall not be considered agricultural production. Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public,provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws.Notwithstanding the above, "U-Pick"activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Property, and,therefore, shall I 4 out of 16 II j not be deemed a recreational use. 5.(b). Right to Use Property for Recreational Purposes. Grantor retains the right to use the Property for otherwise lawful personal recreational uses, including, but not limited to, hunting, fishing,cross-country skiing, camping, horseback riding and snowmobiling, subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements?). In all cases, such recreational uses must be compatible with the Purpose of this Easement and subordinate to the agricultural use of the Property. Under no circumstances shall athletic fields, golf courses or ranges, or other similar recreational improvements be constructed. 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted farm management practices and in the Farm Operations of Grantor may result in changes in the agricultural uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and all farming operations are conducted in accordance with Sound Agricultural Practices as deemed herein and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. This plan shall be updated periodically and whenever the Farming Operation changes substantially. Upon request, Grantor shall provide a copy of the most current plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures,or other improvement to the Property only as provided in this Easement and set forth below. 8.(a). Impervious Surfaces Subject to the limitations set forth below, Impervious Surfaces may be constructed or placed on up to a maximum of 10%of the Property. 8.(b). Fences Existing fences may be repaired,removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management and to prevent trespassing on the Property. 8.(c). Agricultural Structures and Improvements 5 out of 16 I Any existing or subsequent agricultural structures and improvements may be repaired, removed,enlarged and replaced at their current locations, subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"). Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"),Grantor may construct buildings, structures and impervious improvements for such purposes related to the Fane Operation on up to 5%of the Property without permission of Grantee. With permission of Grantee,Grantor may construct buildings, structures and improvements related to the Farm Operation that would cover up to an additional 5%of the Property.For purposes herein, such buildings,structures and improvements shall not include those associated with manure processing and handling or any facilities associated with the processing or marketing of crops, livestock, and livestock products, including a horse riding academy. 8.(d). Farm Labor Housing Subject to the Impervious Surface coverage limitations set forth in Section 8(a), Grantor may construct or place new dwellings or structures exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of Grantee. The land on which these structures stand shall not be subdivided. 8.(e). Personal Recreational Structures,Improvements and Activities Structures, improvements and activities associated with personal recreational purposes, subject to Section 5(b), are permitted on the Property provided that such structures, improvements or activities: (i) are compatible with the Purpose of this Easement; and 00 are subordinate to the agricultural use of the Property; and (iii) with respect to structures and improvements only, comprise an aggregate footprint of no more than 400 square feet unless Grantee has received prior permission of Grantor pursuant to Section 16. 8.(1) Utility Services and Septic Systems Wires, lines,pipes,cables or other facilities providing electrical, gas,water, sewer, communications, or other utility services to or from the improvements permitted in this Easement may be installed, maintained, repaired,removed,relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained,repaired or improved. All such services and systems shall serve only structures and improvements located on the Property and shall be compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property and located in a manner that minimizes the impact to prime or statewide important soils. 8.(g). Alternative Energy Structures and Improvements 6 out of 16 Structures and improvements necessary to undertake alternative energy activities such as wind, solar, and other similar energy generation activities are permitted as further described below,provided they are compatible with the Purpose of this Easement subordinate to the agricultural use of the Property,and located in a manner that minimizes the impact to prime or statewide important soils. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches,may be built on the Property only with the permission of Grantee, which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent (2%) of the Property at onetime. Prior to determining the location of a site for these structures and improvements on the Property,the Grantor shall notify the Grantee,the New York State Department of Agriculture and Markets,and the local Soil and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall agree to comply with the New York State Department of Agriculture and Markets guidelines for agricultural mitigation for construction of such structures. 9. Maintenance and Improvement of Water Sources. Grantor may use, maintain,establish,construct, and improve water sources,water courses and water bodies within the Property for the uses permitted by this Easement,provided Grantor does not significantly impair or disturb the natural course of the surface water drainage on the Property. Notwithstanding the above,Grantor may alter the natural flow of water over the Property in order.to improve drainage of agricultural soils, reduce soil erosion and/or flooding,provide irrigation for the Property or improve the agricultural or forest management potential of the Property,provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices,the Purpose of this Easement and is carried out in accordance with applicable local,state and federal laws and regulations. 10.Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber,lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such parcel is permanently protected with a perpetual conservation easement(whose purpose is equivalent to that stated herein in section 2). 7 out of 16 The right to construct Impervious Surfaces as set forth in Paragraph 8(a) shall be allocated at the time of a proposed subdivision. Such allocation of rights shall not result in greater than 10% of the Property being covered by Impervious Surfaces. At the discretion of Grantee, a functionally and materially equivalent Easement may be recorded simultaneously with the filing of the subdivision map. Except as provided above,any other subdivision,recording of a subdivision plan,partition,or any other attempt to internally or externally divide the Property into two or more parcels is prohibited. Mortgages, or other non-possessory interests in land do not constitute subdivisions for the purpose herein,provided such interests encompass the whole parcel. 12.Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements, manage forested areas for wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct timber stand improvements and construct, maintain, remove, and repair unpaved access roads and"staging areas",those areas where logs are temporarily stored for transport necessary for such activities. All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, a Cooperating Consulting Forester with the New York State Department of Environmental Conservation or a qualified forester approved by Grantee. In order to facilitate the monitoring and stewardship of this Easement, and ensure continuing all give Grantee, its successors or assigns,written communication between parties, Grantor sh notice not less than forty-five (45)days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13. Removal of Materials; Mining; Excavation exportation and/or sate shall be prohibited. The removal of topsoil, sand,gravel,or other material for ex p Mineral exploitation,and extraction by any method, surface or subsurface, is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan(Section 6),to promote required drainage activities,to construct and maintain permitted structures and improvements on the Property,and for agricultural uses. 14. Road Construction. 8 out of 16 Jubject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement. Roads j constructed on the Property shall be located in a manner that minimizes impacts to the prime and statewide important soils. 15.Dumping and Trash. The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited,other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts,the storage of old farm equipment used for parts, and composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with Sound Agricultural Practices. No biodegradable material used for composting, whether generated on the Property or imported to the Property, may be used for resale. Notwithstanding the foregoing,the storage and treatment of sewage associated with buildings permitted on the Property is permitted by this Easement. 16.Permission of Grantee. When Grantor is required to obtain Grantee's permission for a proposed action pursuant to the Easement, such permission shall be requested in writing. Grantee shall grant permission unless it determines that such action is 1) incompatible with the Purpose of this Easement or 2)not subordinate to the agricultural use of the Property. Such permission shall not be unreasonably withheld.Grantee shall respond with a decision in writing within forty-five (45)days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. If mutually agreed upon by Grantee and Grantor,this timeline may be reasonably extended. Grantee shall not be liable for damages for any failure to grant permission to Grantor.The permission contemplated in this Paragraph is in addition to any other approvals that may be required by the Town Code of Southold (the"Town Code'). 17.Ongoing Responsibilities of Grantor and Grantee. Other than as specified herein,this Easement is not intended to impose any legal or other affect any obligations of Grantor as owner of the Property, responsibility on Grantee,or in any way to including,but not limited to,the following: 11(a). Taxes Grantor shall be solely responsible for payment of all taxes and assessments levied against the nt in payment of taxes the Grantee, at its option,shall Property. If the Grantor becomes delinque have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If,as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee 9 out of 16 for the same. 17.(b). Upkeep and Maintenance Grantor shall be solely responsible for the upkeep and maintenance of the Property,to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 18.Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described,or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 19.Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, arid a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred,but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 20. Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terns of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 10 out of 16 /Enforcement. determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, tor thirty(30)days to cure the violation. Notwithstanding the foregoing,where Grantee in ole discretion determines that an ongoing or threatened violation could irreversibly r impair the Purpose of this Easement,Grantee may bring an action to enjoin the violation, necessary,through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a)money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and(b)restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to,reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 22.Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a"public body" or"not-for-profit conservation organization"as defined by Article 49 of New York State Environmental Conservation Law or "qualified organization"under Section 170(h) of the Code,provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Article 49 of New York State Environmental Conservation Law and Section 170(h)of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as"Grantee"and shall not unreasonably withhold or delay such approval. 23.Transfer of Property. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This conveyance, lease, mortgage, easement, etc. is subject to a Conservation Easement which runs with the land and which was granted to the Town of Southold, Suffolk County,New York by instrument dated July 30, 2013, and recorded in the office of the Clerk of Suffolk County at Liber Page " Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty (30)days before conveying the Property,or any part thereof or interest therein,to any third party. The failure to notify Grantee or New York State Department of Agriculture and Markets or to include said language in any deed or instrument shall not, however, affect the 11 out of 16 validity or applicability of this Easement to the Property or limit its enforceability in any way. 24. Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, following a public hearing and, thereafter,ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 24, Section 27 ("Proceeds")of this Easement shall apply to such alienation. 25.Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Environmental Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. 26.Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture and Markets,a court with jurisdiction may,if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2("Purpose'), extinguish or modify this Easement in accordance with applicable law. In that case,the mere cessation of fanning on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing,if condemnation by exercise of the power of eminent domain, make impossible the continued use of the Property for the Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property,or title insurance proceeds, in accordance with Section 27 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 27. 27. Proceeds. The grant of this Easement gives rise to a property right,immediately vested in Grantee, which,for 12 out of 16 i /hereof, of calculating value in the event of any such extinguishment or partial extinguishment, or proceeds from a sale or other disposition of the Property as contemplated under Section ation')or Section 26("Extinguishment of Easement"), shall have a value equal to a e of the value of the Property unencumbered by this Easement(the "Proportionate Share'). rtionate Share is determined by dividing the value of this Easement,calculated as of the date the unencumbered value of the Property,also calculated as of the date hereof. The Proportionate Share is 76%. The Proportionate Share shall remain constant(subject to reasonable adjustment to the extent permissible under Section 170(h)of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to that paid using State Farmland Protection Program Grant funds, Grantees agree to use such portion in a manner consistent with the primary Purpose of this Easement;to enable land to remain in active agricultural and forestry use. Prior to such re-use, Grantee must notify the New York State Department of Agriculture and Markets 28. Interpretation. This Easement shall be interpreted under the laws of the State of New York,or federal law,as appropriate. Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous,an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 29.Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents,heirs,executors,administrators,assigns,and other successors in interest,and shall continue as a servitude running ring in perpetuity with the Property. 30. Severability. Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof,by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 31.Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i)by personal delivery, (ii)via registered or certified mail, return receipt requested, or(iii)via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three(3) business days after same is delivered to a post office or deposited in an official depository under the exclusive care and custody of the United States Postal Service. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property; or (d) if to New York State Department of Agriculture and Markets, I OB Airline Drive, Albany,New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 13 out of 16 /32. or covenants and represents that the Grantor is the sole owner and is seized of the n fee simple and has good right to grant and convey the aforesaid Easement; that the s free and clear of any and all mortgages not subordinated to this Easement,and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 33. Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels,as collateral for a subsequent borrowing.Any subsequent liens on the Property must be subordinate to this Easement. 34.Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited,except with the pennission of Grantee. Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property,as such substances and wastes are defined by applicable law, and hereby promises to hold harmless,defend,and indemnify Grantee and New York State Department of Agriculture and Markets against and from,any and all loss,cost,claim(without regard to its merit),liability or expense(including reasonable attorneys'fees)arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous,toxic,polluting, or otherwise contaminating to the air,water, or soil, or in anyway harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required render federal, state, or local law necessary to assure its containment and remediation, including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended("CERCLA") or any corresponding state and local statute or ordinance. 36. Duration of Easement. Except as expressly otherwise provided herein,this Easement shall be of perpetual duration,and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous,or 14 out of 16 subsequent deed,grant, or assignment of an interest or estate in the Property,or any portion thereof,to Grantee; it being the express intent of the parties that this Easement not be extinguished by,or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 37. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions,negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment of Easement'). 38.Waiver. No waiver by Grantee of any default,or breach hereunder,whether intentional or not,shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all fixture owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 40. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF,Grantor and Grantee,intending to be legally bound hereby,have hereunto set their hands on the date first above written. TOO NORT C Grantor: / By:Eric D. Kei anaging Member TOWN OF SQ)61THOLD Grantee: a By: 9CWT A. RUSSELL, Supervisor 15 out of 16 tate of New York ) County of 'iY ),ss: On the��day of July in the year 2013 before me,the undersigned,personally appeared Eric D.Keil, 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. Signature/office of individual taking acknowledgement State New of York PATRICIA L. FALLON Notary Public,State Of Naw'YorkNo. O1 FA4950146 99 7� un County ofss: Commiss otn E P�es April 24, " rJ On the � day of July in the year 2013 before me,the undersigned,personally appeared Scott A. Russell, 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. Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, state Of New York No. 01FA4950146 Ouaiifled in Suftolk County Commission Expires April 24, 26 16 out of 16 SCHEDULE A /jD�evelopmentEasement Area Atatcertanpot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York,bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road,N.Y.S. Route 25, at the Southwesterly comer of the premises herein described and the southeasterly comer of land now or formerly of Roland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West,490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2,116.75 feet to a monument and the southerly line of Long Island Railroad(MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA),365.77 feet to land now or formerly of Ruland fust mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. \ i �• SURVEY OF DEVELOPMENT RIGHTS EASEMENT AREA MAARATOOKA NORTH, LLC S/TUATE t✓ MATTITUCK muEa TOWN OF SOUTHOLD axrsa - t SUFFOLK COUNTY, NEW YORK S S.C. TAX No. 1000-115-02-06 SCALE I"=100' JUNE S. 2015 tl OEVLOPEUCxT RIGHTSEASCucxl AREA +e.,l.l I, IL/�B.p00 aL. I OPCx pMLOICYC-I APC1 196,030 AP. 11/'SE. oc. TOTAL LOT AREA , S O.uA A, n./2.100 oa. LII h7 d KEY MAP rvnnnrn M YPAIOO[A .OPlx LLC b SCALE I"=1000' rp.x OF SOUTx4W Ctl IRRELT" xAlIOwL TITLE INSUPAxCE COu1-1 w HIS AE.lEU'l..E A LIAMIS m 0 E1P,L�OP� � `S�P� „L✓� No G < \ o �oN p6 sa N^ 61 f• Y N£ i t 2 CLVLW YLMf LGI%f LILLYd[YILt w n x � d r ro to GQw m m -------------- OVIMnMLOi�r�1w... � �Si.i x. o o-YaG N 87-36-20- " W 3 IF a athan Taft Corwin III 87.35.20- W ,,,.,� Land Surveyor MAIN ROAD NYS RT 25 o��gpFFO(,�c ELIZABETH A.NEVILLE,MMC �� Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 W Southold,New York 11971 REGISTRAR OF VITAL STATISTICS G • ,� MARRIAGE OFFICER Fax(631)765-6145 'y 0` RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 Ol ,I/� .�,`a FREEDOM OF INFORMATION OFFICER T www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 31, 2013 Express Mail EM390736797US RE: Local Law No. 4 of 2013 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany,NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 4 of 2013 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, "j,V Lu, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY NY 12231 (Use this form to Tile a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village Local Law No. 4 of the year 2013 . A Local Law entitled, A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events. Be it enacted the Town Board of the: ❑ County ❑ City 0 Town of SOUTHOLD ❑ Village I. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I GENERAL PROVISIONS §205-1. Purpose It is the intent of this Chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. §205-2. Definitions. PARKING CAPACITY - for the purposes of this Chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT -Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.05/05) 1 capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: (1) The closing of a public street. (2) The use, blocking or restriction of Town property, roads or rights of way; (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following: (i) on land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority,the sale or service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. (6) The substantial increase or disruption of the normal flow of traffic on any street or highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. (9) The use of any Town services that would not be necessary in the absence of such an event. §205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this Chapter and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this Chapter. (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chapter. B. The provisions of this Chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers, however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL 2 §205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and scope. A. A completed Special Event Application Form which includes the following information: (1) Name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services Permit number for the activity. (7) Name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of,the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of$1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. An application fee in the following amounts for each event: (1) $150.00 for events where the expected attendance is less than 500 attendees. (2) $250.00 for events where the expected attendance is 500 to 1,000 attendees. (3) Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of$250.00. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. 3 (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. F. The Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. G. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1)-(15) or for the protection of health, safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. §205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete may not be accepted or processed. B. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-5(E) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Assessors and Town Attorney. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions within 30 days of receipt of the complete application. E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals 4 shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. I. Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall 5 accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceeding 1,000 attendees. A. Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town Clerk sixty(60) days prior to the proposed event. In reviewing applications for such events, the Town Board may consider the following additional criteria in addition to the criteria set forth in Section 205-5(E) above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (i) Whether the event is recurring. (ii) Whether the site has been subject to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town. (v) Whether the event will yield a donation to one or more local charities. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name, mailing address, e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, including set-up and shutdown times. (iv) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. 6 (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A,certifrcate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of$250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and clean up costs associated with the event. After the event,the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under §205-4 (A), (C), (D) and (E), as well as the following: (1) An application fee of$350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. D. Notwithstanding the foregoing,the Town Board, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted,the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT §205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this Chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this Chapter and with the provisions of this Code. 7 B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this Chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine not less than$500.00 and not more than $1,500.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not more than$1,500.00. (3) For each subsequent offense of§205-9(B)(1)or (2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $500.00 nor more than $5,000.00. C. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. D. The Town may also maintain an action or proceeding in a Court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 8 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 4 of 20 13 of the EGswnty)(Git-xTown)(4illage)of SOUTHOLD was duly passed by the TOWN BOARD on July 30 . 20 13 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(V illage)of was duly passed by the on 20 and was(approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ,and was(approvedxnot approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(pertnissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(generalxspecial)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(CityxTownxVillage) of was duly passed by the on 20 and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 9 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. Clerk of ttgCounty legislative body. City.Town or (Sea/) Village Clerk or officer designated by local legislative body Elizabeth A. Neville,Town Clerk Date: July 31,2013 (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1, the undersigned, hereby certify that the foregoing local law contains t orrect ext and that all proper proceedings have been had or taken for the enactment of the local law annexed o. Sign ure Martin . mnegan,Town Attorney Jennifer Andaloro,Esq.,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: July 31,2013 10 37?4� RESOLUTION 2013-558 . ADOPTED DOC ID: 8967 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-558 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30, 2013: WHEREAS,there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 181h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" and WHEREAS,the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of July, 2013 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205,Public Entertainment and Special Events" that reads as follows: LOCAL LAW NO. 4 of 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: §205 1. Cer-tain entertainment .. .,t.. etea , permit required. A. To preserve publie peaee and good arder and to pr-event tumukeaus assemblages, the obtained in aeoeraanee • h the - ents set Fe..th helm,. eu4,7 h or wi4hetA admission Tette. f e v'r-iiri'Fcacrocr-ioc, : sponsor-ship :. , i limited to 1 fairs, h Joon-she..... n Fade.. walks, peFmit is obtained ift aeeer-danee with the requirements set fel4h below. /'1\ Outdoor- sa« ..t wh:eh «wee td ttd .. t=i r r eeeaens e eea the of the publie area .'e,F the building. /1\ All 1' s F- e el events permit shell be made to the Town Board eF the Town of Southold at least 60 dayspfiOF t8the proposed date of the event and filed h h Town Clerk, gethe..with a fee of$100; a eleannn deposit fee a ., . . . . �. MW WNW.u Mr.rp.irwl WIN 00.40, dm Y. . . . .. .. .. . . . . . .. . . . . \ ■ Resolution 2013-558 Board Meeting of July 30, 2013 ARTICLE I GENERAL PROVISIONS 4205-1. Purpose It is the intent of this Chanter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace good order, the integrity of the use regulations established under the Zoning Code to properly provide for the health safety and welfare of theeg neral public and to provide penalties for violations of the provisions herein $205-2. Definitions. PARKING CAPACITY - for the purposes of this Chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT - Any temporaryatg hering demonstration performance exhibition amusement or activity that is not currently a permitted use of the property in the applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses fairs bazaars outdoor shows and concerts parades walks runs marathons bicycle races or motorcycle rallies, which may involve one or more of the following: (1) The closing of a public street. (2) The use, blocking or restriction of Town property, roads or rights of way, (33) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following_ (i) on land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. (6) The substantial increase or disruption of the normal flow of traffic on any street or highway, (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. (9) The use of any Town services that would not be necessary in the absence of such an event. 4205-3. Permit required. Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 3 Resolution 2013-558 Board Meeting of July 30, 2013 A. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this Chapter and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this Chapter. (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chapter. B. The provisions of this Chapter shall not apply to: (1) Any event held on property owned by special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event: (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL 4205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and scope. A. A completed Special Event Application Form which includes the following information: (1) Name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 4 Resolution 2013-558 Board Meeting of July 30, 2013 (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name address and telephone number of the person(s) who will be enizaped in the preparation and/or sale of food alcohol beer and a copy of the State Liquor Authority License and County Department of Health Services Pennit number for the activity. (7) Name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department. (9) Certification that the property where the event is to take place is not subject to anv covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of$1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. An application fee in the following amounts for each event: (1) $150.00 for events where the expected attendance is less than 500 attendees (2) $250.00 for events where the expected attendance is 500 tol,000 attendees (3) Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of$250.00 C. A general description of the proposed event including_ (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parkin event plan showing_ (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors employees and organizers. (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. 8 The layout of any parking,area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 5 Resolution 2013-558 Board Meeting of July 30, 2013 event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event (12) Provisions to dispose of any garbage, trash, rubbish or other refuse (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, County or State road including size, location and dates of display. F. The Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. G. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals upon request by an Applicant may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1)-(15) or for the protection of health, safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. 4205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete may not be accepted or processed. B. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-5(E) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Assessors and Town Attorney. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. If no revisions are required or, upon the submission of a revised application the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions within 30 days of receipt of the complete application. Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 6 Resolution 2013-558 Board Meeting of July 30, 2013 E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town ineg neral. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. 01) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of theeg neral un blic. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 7 Resolution 2013-558 Board Meeting of July 30, 2013 I. Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may Uply to the Town Board for reconsideration of the application by filing, an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceeding, 1,000 attendees. A Any event held on property owned, leased or controlled by the Town or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a maiority of the Town Board following,the submission of an application to the Town Clerk sixty (60) days prior to the proposed event. In reviewing applications for such events the Town Board may consider the following, additional criteria in addition to the criteria set forth in Section 205-5(E) above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficiency of arrangements made to control traffic,parking, noise, lighting and refuse. (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) Adherence to the Town Board policy of discouraging events at Town beaches and narks from the Friday before the observance of Memorial Day until Labor Day. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (i) Whether the event is recurring. (ii) Whether the site has been subject to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 8 Resolution 2013-558 Board Meeting of July 30, 2013 Town. (v) Whether the event will yield a donation to one or more local charities. B. For any special event that is to be held on land owned leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name mailing address e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event including set-up and shutdown times. (iv) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of$250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and clean up costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. (6) Any additional information required by the Town Clerk- C. For any special event where the expected attendance exceeds 1,000 attendees the plication shall include all information required under §205-4 (A), (C), (D) and (E), as well as the following: (1) An application fee of$350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll and directly opposite (by extension of the lot lines through a street or right-of- way) i hg tof- way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. D. Notwithstanding the foregoing, the Town Board, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 9 Resolution 2013-558 Board Meeting of July 30, 2013 that said requirements are not necessary for roper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT 4205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. 4205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or their agents or another ther person to fail to comply with any provisions of this Chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this Chapter and with the provisions of this Code. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this Chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine not less than $500.00 and not more than $1,500.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. (3) For each subsequent offense of§205-9(B)(1) or(2), violators shall be guilty of a misdemeanor and/or subiect to a fine of not less than $500.00 nor more than $5,000.00. C. No new special event permits will be issued to any property owner, occupant or their Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 10 Resolution 2013-558 Board Meeting of July 30, 2013 agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. D. The Town may also maintain an action or proceeding in a Court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [4 TO 21 MOVER: James Dinizio Jr, Councilman SECONDER:Christopher Talbot, Councilman AYES: James Dinizio Jr, William P. Ruland, Christopher Talbot, Scott A. Russell NAYS: Jill Doherty, Louisa P. Evans Updated: 7/31/2013 9:38 AM by Lynda Rudder A Page 11 #11279 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 25th day of July, 2013. Principal Clerk Sworn to before me this �� day of 2013. proposed open development area is lo- cated on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial fund- De from an awarded grant from the NYS Department of Agriculture and Markets and as such,the NYS Department of Ag- riculture and Markets has conditioned the ��;'� grant funding to restrict the future suhdi- CHRISTINA VOLINSKI vision Of the Open Development Area to one additional lot not to exceed one NOTARY PUBLIC-STATE OF NEW YORK • acre in area.The development rights of No, 01 VO6106060 the remaining 18 acres are to be acquired Ouallfletl In Sultolk County by the Town using Community Preserva- tion Funds and subject to a development My commuulon Etvitot Fabruoty 28, 2016 rights easement. NOTICE IS HEREBY FURTHER GIVEN that a more detailed descrip- tion of the above-mentioned petition to LEGAL NOTICE establish an open development area is on NOTICE of PUBLIC HEARING file in the Town Clerk's Office,Southold NOTICE IS HEREBY GIVEN that Town Hall,53095 Main Road,Southold, pursuant to the Provisions of Chapter New York,and may be examined by any P interested person during business hours. 240(Subdivision of Land),Article VII Dated:July 16,2013 (Open Development Area),of the Town BY ORDER OF Code, the Town Board of the Town of D BOAR THE TOWN Southold accepted the petition of Mama- OF THE TOWN OF WN BOARD tooka North,LLC m establish an open Elizabeth A.Neville development area as complete,and has Town Clerk set s 3t1.2013 t 7.31 — Southold 11279-1T 725 Town Hall,53095 Main Road,Southold, New York,as the time and place for a Public hearing for the egtehlWUVA t f anARC ndr el Dma l _ fxb M bY M k North, LLC,-said property is identified as part Of SCTM #1000-115-2-6, with an ad- dress at 17405 Route 25,Mattituck.The Property is located in the A-C Zoning District and is on the north side of NYS Route 25,approximately 1,185 feet east of Mill Lane,Matliluck.New York.The LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold accepted the petition of Maaratooka North, LLC to establish an open development area as complete, and has set July 30,2013 at 7:31 a.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Maaratooka North, LLC, said property is identified as part of SCTM #1000-115-2- 6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck, New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such, the r • NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area. The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. NOTICE IS HEREBY FURTHER GIVEN that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: July 16, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville • Town Clerk Please publish on JULY 25, 2013 and forward one (1) affidavit of publication to Elizabeth A. Neville, P O Box 1179, Southold NY 11971 Copies to the following: Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web Site Planning STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the Zk.,2r day of 2013, she affixed a notice of which the annexed printed notice is a true c py, iff a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Re: ODA Marratooks LLC 7-30-13 • Elizabeth A. Neville Southold Town Clerk Sworn before me this day of , 2013. Notiafy Publi • LINDA J COOPER NOTARY PUBLIC,State of New Yore NO.01C04822563, Suffolk Count Term Expires December 31,20 A ",� RESOLUTION 2013-550 ADOPTED DOC ID: 8968 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-550 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2013: WHEREAS, the Planning Board for the Town of Southold has issued Sketch Plat approval for a conservation subdivision on June 4, 2013, pursuant to Section 240-26(A) of the Town Code, thereby completing the required first step for an application to the Town Board for an Open Development Area; and WHEREAS, the Town Board has received a petition from Maaratooka North, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Maaratooka North, LLC to establish an open development area as complete, and hereby sets July 30, 2013 at 7:31 p.m., Southold Town Hall,53095 Main Road, Southold,New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Maaratooka North, LLC, said property is identified as part of SCTM #1000-115-2-6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck,New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such, the NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area. The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. • FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Cooper, Linda From: Sabatino, Alyxandra K. Sent: Thursday, June 13, 2013 8:50 AM To: Cooper, Linda Subject: FW: Maaratooka North Good Morning Linda, Below is a list of requirements that Dan Ross must submit to have a complete Open Development Area (ODA) application. If you have any questions, please let me know. Thanks, Aly From: Sabatino, Alyxandra K. Sent: Thursday, June 13, 2013 8:44 AM PPDaniel C. Ross' CSpiro, Melissa Subject: RE: Maaratooka North Good Morning Dan, Instead of just submitting a letter,you could expedite the process by submitting everything at once that is required according to section 240-28 of the Southold Town Code to the Town Clerks Office. The items that need to be submitted are: 1. A completed petition to establish an open development area. (Letter) 2. Three Mylar and 12 Paper copies of the map. 3. A copy of the Purchase Agreement and draft easement for the Open Space. If you have any questions, please let me know. Danks, Aly From: Daniel C. Ross [mailto:drossCalkeeganlaw.us] Sent: Wednesday, June 12, 2013 7:26 PM To: Sabatino, Alyxandra K. Subject: Re: Maaratooka North I am submitting a letter tomorrow and asking Betty Neville to consider it an Application for an ODA - she'll tell me what I did wrong. I'll drop a copy off at your office. On Tue, Jun 11, 2013 at 3:57 PM, Sabatino, Alyxandra K. <alyxandra.sabatinogtown.southold.ny.us> wrote: Hi Dan, i Please let me know when you submit the required Petition to Town Board for the ODA approval. As per the ODA approval process the Planning Board must give comments to the Town Board. To expiate the Town Board's approval of the ODA it would be a huge help if you could let me know when the petition has been submitted. The Planning Board cannot act until you submit the petition to the Town Board. Thanks, Aly Daniel C. Ross, Esq. Keegan &Keegan, Ross & Rosner, LLP 315 Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 Tel: 631-298-1200; Fax: 631-298-4427 Website: KeeganLaw.us E-mail: DRoss(d,KeeganLaw.us West End Office: Patchogue The information accompanying this transmission contains information from Keegan &Keegan, Ross &Rosner LLP which is confidential and/or legally privileged. The information is intended only for the individual or entity named in the document. If you are not the intended recipient, you are hereby notified that any disclosure, copying, transmission, distribution, or taking of any action in reliance of the contents of this transmission is strictly prohibited, and that the information should be purged from all records, notifying our offices of the situation so that we may arrange for the proper distribution of the contents. 2 Cooper, Linda From: Tracey Doubrava <tdoubrava@timesreview.com> Sent: Monday,July 22, 2013 10:30 AM To: Cooper, Linda Subject: Re: ODA PH Marratooka North LLC Hi Linda, I have received the notice and we are good to go for the 7/25 issue. Thanks and have a great Mondayl Candice(filling in for Tracey) :) Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 *attituck, NY 11952 P: (631) 298-3200 E: tdoubrava@timesreview.com From:<Cooper>, Linda <Linda.Coo per@town.southoId.nv.us> Date: Monday,July 22, 2013 10:28 AM To:Times Review<tdoubrava@timesreview.com> Cc:tr-legals<le¢als@timesreview.com> Subject:ODA PH Marratooka North LLC Good Morning, Please confirm receipt of this Legal Notice of Public hearing for the 7/25/13 edition of the Suffolk Times. hank you! nda Cooper 1 MAILING ADDRESS: PLANNING BOARD MEMBERS O[ SO [� P.O. Box 1179 DONALD J.WILCENSBI �O�� r UT�IOIO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III � �0 (cor. Main Rd. & Youngs Ave.) MARTIN H.SIDOR ly`,oU'M Southold, NY '11` Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED Memorandum JUL 21013 Southold --%,.,j Clerk To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman,' Re: Petition Request for Open Development Area of Maaratooka North, LLC 17405 17405 NYS Route 25, on the north side of NYS RL 25, approximately 1185' east of Mill [ane, Mattituck, NY SCTM#1000-115-2-6 Date: July 3, 2013 Attached please find a copy of the June 4, 2013 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by Nathan Taft Corwin 111, Land Surveyor, dated June 20, 2010 and last revised November 5, 2012, for the proposed Conservation Subdivision of Maaratooka North, LLC. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article V111—Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board", an executed contract for the Sale of the Development Rights on 18 acres exists and is on file with the Town of Southold Land Preservation Department. Maaratooka North, LLC Page Two July 3, 2013 The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for Maaratooka North, LLC be conditioned upon the following: • The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Thank you. PLANNING BOARD MEMBERS MAILING ADDRESS: DONALD J. h0WILCENSKI SOF SO(/TP.O. Box 1179� Ol Southold, NY 11971 Chair O .IL OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex PIERCE RAFFERTY G JAMES H.RICH LII 54375 State Route 25 MARTIN H.SIDOR Oryx (cor. Main Rd. & Youngs Ave.) CQ�01� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2013 Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Sketch Plan Approval - Proposed Open Development Area Maaratooka North Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, June 3, 2013, adopted the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one lot not to exceed one acre in area; and WHEREAS, there shall be no subdivision of the property except for one lot that shall be located in the Open Development Area. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, fee title ownership of the portion of the Open Development Area that is not included in the permitted lot, shall not be separated from the Easement Area. The Maaratooka North, LLC Page Two June 4, 2013 portion of the Open Development Area that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code, and WHEREAS, on December 3, 2010, the agent submitted a Sketch Plan Application along with other required material for submission pursuant to §Article V Sketch Plat Review; and WHEREAS, on January 3, 2011, the agent submitted a required Sketch Plan Fee in the amount of $500.00; and WHEREAS, on January 10, 2011, the Southold Town Planning Board reviewed and accepted the above-referenced application and asked for clarifications to be made regarding the reserved area note; and WHEREAS, on June 29, 2011, the Southold Town Planning Board reviewed the application at their Work Session and requested changes to the map; and WHEREAS, on October 11, 2012, the agent submitted a revised copy of the map with the changes requested; and WHEREAS, on November 15, 2012, the agent submitted correspondence regarding additional restrictions required by New York State and an unexecuted proposed deed containing NYS required restrictions; and WHEREAS, on November 19, 2012, the public hearing was held and closed; and WHEREAS, on December 3, 2012, the Planning Board reviewed the Draft Covenants and Restrictions and the revised maps; and WHEREAS, on December 19, 2012, the agent submitted three copies of the map with the requested changes; and WHEREAS, on May 31, 2013, the agent submitted a copy of the Covenants and Restrictions filed with the Office of the County Clerk, Liber D00012731 and Page 519; and WHEREAS, the submitted application meets all the requirements for Sketch Approval pursuant to Article V Sketch Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Maaratooka North, LLC Open Development Area", dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Maaratooka North LLC Page Three June 4, 2013 Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and receipt of comments from other involved agencies. The applicant is advised that lot design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman cc: Town Board Melissa Spiro, Land Preservation Coordinator t MAILING ADDRESS: PLANNING BOARD MEMBERS �O� a SOU OlO P.O. Box 1179 DONALD J.WILCENSKI Ty Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS T Town Hall Annex PIERCE RAFFERTY N i��G 54375 State Route 25 JAMES H.RICH III 'O (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IycoU'M'� Southold, NY I'111 Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED June 4, 2013 JUN 4 2013 Daniel C. Ross, Esq. Southold town Clerk P.O. Box 146 Mattituck, NY 11952 Re: Sketch Plan Approval - Proposed Open Development Area Maaratooka North Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, June 3, 2013, adopted the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one lot not to exceed one acre in area; and WHEREAS, there shall be no subdivision of the property except for one lot that shall be located in the Open Development Area. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, fee title ownership of the portion of the Open Development Area that is not included in the permitted lot, shall not be separated from the Easement Area. The Maaratooka North, LLC Page Two June 4, 2013 portion of the Open Development Area that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, on December 3, 2010, the agent submitted a Sketch Plan Application along with other required material for submission pursuant to §Article V Sketch Plat Review; and WHEREAS, on January 3, 2011, the agent submitted a required Sketch Plan Fee in the amount of $500.00; and WHEREAS, on January 10, 2011, the Southold Town Planning Board reviewed and accepted the above-referenced application and asked for clarifications to be made regarding the reserved area note; and WHEREAS, on June 29, 2011, the Southold Town Planning Board reviewed the application at their Work Session and requested changes to the map; and WHEREAS, on October 11, 2012, the agent submitted a revised copy of the map with the changes requested; and WHEREAS, on November 15, 2012, the agent submitted correspondence regarding additional restrictions required by New York State and an unexecuted proposed deed containing NYS required restrictions; and WHEREAS, on November 19, 2012, the public hearing was held and closed; and WHEREAS, on December 3, 2012, the Planning Board reviewed the Draft Covenants and Restrictions and the revised maps; and WHEREAS, on December 19, 2012, the agent submitted three copies of the map with the requested changes; and WHEREAS, on May 31, 2013, the agent submitted a copy of the Covenants and Restrictions filed with the Office of the County Clerk, Liber D00012731 and Page 519; and WHEREAS, the submitted application meets all the requirements for Sketch Approval pursuant to Article V Sketch Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Maaratooka North, LLC Open Development Area", dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Maaratooka North, LLC Pape Three June 4, 2013 Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and receipt of comments from other involved agencies. The applicant is advised that lot design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman cc: Town Board Melissa Spiro, Land Preservation Coordinator s MAARATOOKA NORTH, LLC A7; OPEN DEVELOPEMENT AREA ETCSITUATE UBJECT gpPROVEDSKNpU1N MATTITUCK REMISES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "=100' MAI N5 RF a5 JUNE 20, 2010 NOVEMBER 17, 2010 REVISED NOVEMBER 5, 2012 REVISED m TOTAL LOT AREA = 980,124 sq. f4: 22.500 ac. - KEY MAP DEC 20 2012 SCALE 1 "= 1000' CERTIFIED TO: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY N SITE DATA TOTAL AREA = 22.500 CO. ZPE�'J• ` O OWNER: MAARATOOKA NORTH, LLC V�O 9 O 30 EAST GATE DRIVE Y ro o6'h HUNTINGTON, NEW YORK 11743 rn ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP Tni 0 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES 2 YIELD ON ENTIRE PARCEL 22.50 CO. x 43,560 sq, ft./80,000 sq. ft. = 12.25 LOTS a; YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS Q $; CERTAIN AREAS IL MINIMUM PRESERVED AREA = 22.500 aa. x 0.75 = 16.875 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.25 = 5.625 ac. ACTUAL PRESERVED AREA = 18.000 ac ACTUAL DEVELOPABLE AREA = 4.500 ac. VA min P; Open Development Note: The Moaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 St. minimum lot size required by Town Code. JE, This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there is a sufficient amount of land set aside as "clustered open space", and so long as the density of the over—all parcel is not increased. 4 Z Z 01 N AG m/ aG i m c � o a z O A c o� N 6 :m o N � DEVELOPMENT RIGHTS EASEMENT AREA � m 784,104 S.F. 3 OR y 18.000 ac a N --------------------------- m m A i 5 87'36'20"E -------- 455.41' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) p 196,020 S.F. OR 4.500 ACRES �y, w o N � r r J PREPARED IN ACCORDANCE SWINURVEYS THE MINIMUM o l BY THE LI FOR AND SURVEYS AS ESTABLISHED M THE H USE. AND E NEW AND ADOPTED O� O LIVING MR SUCH USE BY THE NEW TORx STATE V41D TIRE ASSOCIATION. c�a QUARTERS NaN ASSORTED OUT-BUILDINGS �E OF NEW ro a N 87'36'20" W y13�pPTc N E D 93. 15' - to ❑ o S— 2—STORY .� O '- W000 FRAME M O Z `� 5046T S. Lia No. 50467 RESIDENCE ry Rs No p M u e UNAUTHORIZED AL15 AVK)I TI ADDIHON MONO 150, e.Ne Nathan Taft Corwin III TO THIS SURVEY IBA "NEATYO OF n N £ MON SECTION 7209 OF THE NEW YORK STALE EDUCATION LAW. ITE=lees•+/- N 8736'20" W 322. 11 LandSurveyor COPIES OF THIS SURVEY MAP NOT BEARING THE E NB SURVEYOR'S INKED SAL OR MAIN ROAD NYS RT 25 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPT CERTIFICATIONS INDICATED HEREON SHALL RUN SOCCe550r TO. StOnley J. KokSen, JL LS ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A Ingegno LS IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND TVs Surveys — Subdrvisions — Sde Plans — Construction Layout LENDING INSIMMON LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSD— PHONE (631)727-2090 FBA (631)727-1727 TDTIGN, CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Boa 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jomespod, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. Keegan & Keegan, Ross & Rosner, LLP ATTORNEYS AT LAW Thomas). Keegan Jr. 315 Westphalia Avenue Phone a 631.298.1200 Daniel C. Ross Post Office Box 146 Fax 631.2984427 Jamie G. Rosner Mattituck, New York 11952 Web »www.keeganlaw.us Thomas I.Keegan(1923-2003) June 13, 2013 By Hand RECEIVED Southold Town Board "2' Att: Elizabeth A. Neville, Town Clerk JUN 13 20 3 53095 Main Rd P.O. Box NY outhold Town C er, L4 dl *0 Southold,NY 11971 Re: Application for Open Development Area by Marratooka North, LLC Premises: 17405 Route 25, Mattituck, NY SCTM #: 1000/115/02/006 Dear Ms. Neville: Please consider this correspondence an Application to the Town Board for an Open Development Area pursuant to NYS Town Law section 265-a and Southold Town Code section 240-26. In accordance with Town Code section 240-28, please find: 1. Application (this letter) with Marratooka North, LLC's Authorization; 2. Three mylars and 12 paper copies of the map; 3. Copy of fully signed contract, dated October 8, 2009, between Marratooka North, LLC and the Town of Southold (also forwarded with this correspondence by e-mail); 4. Proposed Deed of Conservation Easement, dated April 17, 2013 (also forwarded with this correspondence by e-mail). Please advise what fees are required and any other information that is needed. Do not hesitate to contact me at DROSSna keeganlaw.us. Thank you for your attention to this matter. ODaniel rs, Ross cc: Melissa Spiro <Melissa.Spiro@town.southold.ny.us> Lisa Kombrink, Esq. <lkombrink@suffolklaw.com> Alyxandra K. Sabatino, <alyxandra.sabatino@town.southold.ny.us> L/Rea1/ak1/Kei1-TownDR/0DA AppTwnbrd-Ltr-1 Western Suffolk Office» Patchogue, New York AUTHORIZATION LETTER I,Eric Keil,Managing Member of Maeratooka North,LLC,hereby authorize Daniel C.Ross,Esq. of Keegan &Keegan,Ross &Rosner,LLP,to act as my agent on the property of SCTM#1000-115.2-6 in Mattituck,NY and handle all necessary work involved in the subdivision process with the Southold Planning Board. Managing Me er of Maaratooka North,LLC By: , Eric Ke anaging Member S o ay o 2010 ublic DANICL C.ROSS Notary PuN a4R0 75W York Qualified In Suffolk Coun r 4y Commlaslnn Expires Aug.87,E 3A LL :: .. OFFICE LOCATION: MELISSA A.SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR !}t}�" � �{r 54375 State Route 25 metissaspiro@town.southold.ny.us (comer of Main Road& Younos Avenue) jig } ff)V Southold,New York Telephone(631)765-5711 ��rn .0' Facsimile(631)765-664(1 Cf ` aea i MAILING ADDRESS: jrP.O Box 1179 r „ ! Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 9,2009 Daniel C. Ross,Esq. Keegan&Keegan, Ross&Rosner,LLP 315 Westphalia Avenue P.O.Box 146 Mattituck, NY 11952 Re: MARRATOOKA NORTH.LLC to TOWN OF SOUTHOLD Part of SCTM #1000-11S.-2-6 ±17.5 acre development rights easement Premises: 17405 NYS Route 25,Mattituck Dear Mr. Ross: On Tuesday,October 6,2009,a public hearing was held in Southold Town Hall regarding the Town's purchase of a ±17.5 acre development rights easement on property owned by your client,Marratooka North,LLC. 1 have enclosed the following resolutions adopted that evening regarding this matter: • Resolution No. 2009-836-SEQRA negative declaration • Resolution No. 2009-837-elect to purchase I have also enclosed your copy of the Development Rights Purchase and Sale Agreement dated October 8, 2009,that was signed by Scott A.Russell,Town Supervisor,and is now fully executed by all parties. No title search or environmental site inspection will be ordered until such time as your client makes an application to the Planning Board for an ODA and the Planning review process has begun. If you should have any questions,please do not hesitate to call. Very truly yours p Melanie Doroski Sr. Administrative Assistant enclosures cc: Lisa Clare Kombrink,Esq.w/encs. 9®%, RESOLUTION 2009-836 ADOPTED DOC ID: 5325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-836 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUCHOLD TOWN BOARD ON OCTOBER 6,2009: WHEREAS,the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM#1000-115.-2- 6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.501 acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER:Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell �4® RESOLUTION 2009-837 +'P ADOPTED DOC ID: 5326 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-837 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Marratooka North, LLC on the 6`h day of October, 2009,pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck,New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is$67,000 (sixty-seven thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds.This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation)of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now,therefore,be it Resolution 2009-837 Board Meeting of October 6, 2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70(Agricultural Lands Preservation)of the Code of the Town of Southold. Said property is identified as part of SCTM 41000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck,New York. The development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50±acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner.The purchase price for the easement is$67,000(sixty-seven thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17(Community Preservation Fund) and Chapter 70(Agricultural Lands Preservation)of the Town Code of the Town of Southold. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review)of the Town Code and the Local Waterfront Revitalization Program(LWRP)and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER:Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/6/2009 3:48 PM by Lynda Rudder Page 2 i i March 2, 2009-THIS IS THE DRAFT OF 3/2/09 WITH THE CHANGES IN BOLD-dcr. DEVELOPMENT RIGHTS PURCHASE AND SALE AGREEMENT between MARRATOOKA NORTH, LLC and TOWN OF SOUTHOLD i THIS AGREEMENT, made the S( 4'day of Oc f A4 2009, between I MARRATOOKA NORTH, LLC, 30 East Gate Drive, Huntington, NY 11743, kk (hereinafter referred to as the "Seller's and the TOWN OF SOUTHOLD, a f; municipal corporation of the State of New York having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the"Purchaser"). WITNESSETH : 1. DESCRIPTION. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter j defined, in PART OF that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, and State of New EI York(the "Property" or the "Premises"), known as 17405 Route 25, Mattituck and designated as p/o SCTM #1000-115-2-6. The area and I i dimensions of the Property are subject to such changes and modifications "t t ' M e i i consistent with the area and dimensions as shown on a survey (see 18 herein). The parties acknowledge that the total area of the property is 22.50 acres, that the Town will purchase a ±17.50 acre development rights easement, that Seller will retain a reserve area of five (5) acres, (the c "Reserve Area") around the existing residential and agricultural structures, and that Seller intends to apply for an Open Development Area ("ODA' subdivision within the Reserve Area. 2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the term is used in this Agreement shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than i agricultural production as that term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or"Code's and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the New York State Agriculture and Markets Law, now, or as these may be amended. The Development Rights to be acquired by the Purchaser i and the rights of the Seller will be further defined and set forth in a draft Grant of Development Rights Easement, to be provided. The power and purpose of the Purchaser is limited to acquiring the Development Rights in I lands presently used for agricultural production. Notwithstanding the above, no future restriction or limitation in the definition "crops, livestock i and livestock products" shall preclude a use which is permitted under the current law and/or code. 3. PUBLIC HEARING REQUIRED. Purchaser shall, upon obtaining a survey and inspecting the Premises in relation thereto, hold a public hearing on the acquisition pursuant to §247 of the General Municipal Law. Such acquisition must be approved by an affirmative vote of the Town Board and the adoption of an appropriate resolution following a public f� hearing. If the Premises are not entirely used or suitable for agricultural ! i production, Purchaser may cancel this Agreement or, subject to Seller's further agreement, accept that portion of the premises which is suitable for j agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. The Town of Southold Land Preservation Committee shall also approve the area from which the Development Rights will be acquired, such area to be shown on a survey obtained pursuant to ¶8. I 4. PURCHASE PRICE. The agreed purchase price is ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND FIVE HUNDRED AND i 00/00 DOLLARS ( 1,172,500.00) for the ±17.50 acres contemplated to be encumbered under this Agreement, based upon a value of SIXTY- SEVEN THOUSAND ($67,000.00) per buildable acre, and subject to a final survey of the Premises (see 18). Purchaser and Seller E • L l i hereby agree that if the final survey shows that the total acreage of the Premises is different from the ±17.50 acre figure used by Purchaser in determining the purchase price of ONE MILLION ONE HUNDRED SEVENTY- TWO THOUSAND FIVE HUNDRED AND 00/00 DOLLARS (1,172,500.00), the final purchase price will be adjusted at a rate of SIXTY SEVEN THOUSAND DOLLARS ($67,000.00) per buildable acre for each additional or subtracted acre or portion thereof. l The purchase price shall be payable by the Town of Southold to the i Seller at the Closing, by good, certified check of Purchaser drawn on or official check issued by any bank having a banking office in New York, payable to the order of Seller or as Seller may otherwise direct. 5. CLOSING DATE/LOCATION. The Grant of Development Rights i i jl Easement is to be delivered on or about fourteen (14) days from receipt of e : a title policy and environmental audit, in a form and substance acceptable to Purchaser and acceptable in form and substance to the SELLER, or the recording of the final subdivision map in the Office of the Suffolk County Clerk, whichever occurs later, unless Seller waives the subdivision contingency set forth herein. In the event the Seller waives the subdivision contingency, the Closing shall be take place within twenty (20) days of receipt by Purchaser's attorney of written notice of such waiver. The Closing shall take place at the office of the Department of Land Preservation, Town Hall Annex, 54375 State Route 25, Southold, N.Y. 11971, unless otherwise agreed in writing. The delivery to and acceptance i of the Grant of Development Rights Easement by Purchaser, and the I F r disbursement of the purchase price to Seller shall constitute the "Closing." 6. SUBDIVISION CONTINGENCY. This agreement is contingent upon Seller receiving approval for an Open Development Area "ODA"subdivision within the Reserve Area. Nothing herein shall be construed to be an approval of the ODA subdivision by the Planning Board of the Town of Southold or a waiver of any provisions of the Town Code. Furthermore, nothing herein shall be construed as the Town's preference for a particular i � type of subdivision, including an ODA subdivision. Consistent with [; paragraphs 1 and 8 herein, the Property from which the Development Rights are to be acquired herein shall be based upon the dimensions as shown on the approved and filed subdivision map. w{ 7. FURTHER SUBDIVISION. The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except that Grantor may seek approval to modify or alter lot lines between the Property and adjacent parcels. All reconfigured lots shall contain at least 10 acres of land subject to a development rights easement or a conservation i easement. "Subdivision" shall include the division of the portion of the Property i from which the Development Rights are acquired into two or more parcels, in whole or in part. Notwithstanding this paragraph, upon the death of Grantor, the 3 G V l ' i � i i 1 ' underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 8. SURVEY. Purchaser and Seller will have the perimeter and the Reserve Area of the Property surveyed by a licensed land surveyor to determine the actual acreage of the area upon which the Development 1 Rights are to be sold. The survey of the perimeter and the Reserve Area shall be paid by the Purchaser, at a cost not to exceed $5,000.00. The s Seller shall be responsible for all other costs related to the surveying and mapping of the Premises, including for any subdivision application. 9. ENVIRONMENTAL INSPECTION. Purchaser may conduct an environmental inspection of the Property. If such an inspection is made, the Purchaser's obligations under this agreement are subject to and conditioned on the receipt of a report delivered within 45 days after the date of this agreement, or sooner if at all practicable (which date may be j i extended by Seller in writing pursuant to a written request by Purchaser and such request shall not be unreasonably withheld) verifying that there are no negative environmental conditions, including but not limited to debris, abandoned vehicles, unused wells, or hazardous substances on or in the Premises, including structures. The Seller shall have the right to remedy any environmental defects identified by such environmental inspection, at its sole cost and expense, upon notice to the Town and within a reasonable period of time. In this event, Seller shall provide proof E I f i f satisfactory to the Purchaser that such defects have been cured. If Seller elects not to remedy the defect(s), either party may cancel this Agreement, t t and in such event, Purchaser shall be reimbursed for the costs of title examination, survey and environmental inspection with no further liability between the parties, or the Purchaser may elect to proceed to closing. 10. FORM OF EASEMENT. The Grant of Development Rights Easement ("Easement'l to be executed by Seller and delivered to Purchaser at the closing shall be in the form approved by the Town Attorney, or his designated representative. A draft of the Easement will be provided. The parties acknowledge that certain changes may be made to the Easement before Closing. Closing is contingent on the Easement being acceptable in form and substance to the SELLER. In the event the SELLER cancels the closing on the basis of this contingency, the SELLER shall reimburse the TOWN for the cost of the survey and title cancellation in an amount not to exceed $3,000.00 The Grant of Development Rights Easement shall be duly executed i and acknowledged so as to convey to the Purchaser the Development Rights of the Property, free of all liens and encumbrances, except as herein stated, and shall be recorded in the Office of the Suffolk County Clerk. Purchaser shall be responsible for the recording fees in connection with the t Grant of Development Rights Easement. 1 If the Seller is a corporation, it will deliver to the Purchaser at the time of the delivery of the Grant of Development Rights Easement hereunder such documentation as may reasonably be required by i Purchaser's title company, including but not limited to a resolution of its k P : I board of directors authorizing the sale and delivery of the Grant of Development Rights Easement, and a certificate by the secretary or , i P ! assistant secretary of the corporation certifying such resolution and setting I forth facts showing that the conveyance is in conformity with the requirements of §909 of the Business Corporation Law. The Grant of Development Rights Easement in such case shall contain a recital sufficient to establish compliance with said section. 11. INSURABLE TITLE. The Purchaser may make its determination of whether the Property is free from all encumbrances, except as set forth in 112, on the basis of its own examination of the title, or that of its I agents, or a title report of a member company of the New York Board of Title Underwriters having offices in Suffolk County. Purchaser may require the Seller to clear title exceptions, except as set forth in Paragraph 11, raised to the satisfaction of the Purchaser and the title company. In the event that the Seller is unable to convey the Grant of Development Rights Easement free from all encumbrances in accordance with the terms of this Agreement, or as a title insurance company as described above may be f i willing to insure, Seller shall reimburse Purchaser for the costs of the title examination, survey and environmental inspection, and this Agreement 1i shall be considered canceled with neither party having any further obligation to the other. F f, 12. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the f Purchaser shall accept the Grant of Development Rights Easement subject i to existing covenants, easements and agreements of record. In the event the property is to be conveyed subject to a mortgage, Seller shall include and record with the Grant of Development Rights Easement the written u consent of the mortgagee. The Grant of Development Rights Easement may also be conveyed subject to the assessment of real property taxes, provided that at the time of Closing, all real property taxes are paid in full _ for the current half of the tax (lien) year with no arrears. All other j i encumbrances, liens, assessments, charges, judgments, estates, taxes and other limitations shall be satisfied on or prior to Closing. 13. USE OF MONEY TO CLEAR TITLE/DISTRIBUTION OF PROCEEDS. If at the date of Closing there are any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously deliver to the Purchaser and Purchaser's title company at the Closing instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording and filing said instruments. The Seller also agrees to provide duly executed Internal Revenue i Service Form W-9 and to sign such proper vouchers for the Closing check(s) as may be requested by the Town Fiscal Officer at least two (2) i 1 weeks prior to the date fixed for Closing. The Purchaser, if request is made within a reasonable time prior to the date of Closing, agrees to provide at the Closing separate checks as requested, aggregating the I ' amount of the purchase price, to facilitate the distribution of proceeds i, among the owners and the satisfaction of any such liens and encumbrances, which encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. I 14. AFFIDAVITS AS TO JUDGMENTS. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing such judgment, f bankruptcies or other returns are not against Seller, if such is the case. 15. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at Closing a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof(or any lesser amount 1 permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. 16. SELLER'S REPRESENTATIONS. The seller represents that: `€ I ii 1 . a) the Premises are agricultural lands used for agricultural production as 1 defined herein; f+ ' i b) to the Seller's knowledge, at no time has the Property been used for the generation, storage, or disposal of hazardous substances, or as a landfill or !i other waste disposal site except in connection with storage and application of chemicals used in agricultural production, including petroleum products, in ± I accordance with applicable laws and regulations; P . c) to the Seller's knowledge, there are no hazardous substances or toxic E wastes in or on the Property that may affect the Property or any use thereof 1 except as set forth in b) above, or that may support a claim or cause of action under common law or under any federal, state or local environmental statute, regulation, ordinance or any other environmental regulatory requirement, nor has any action been instituted for enforcement of same; d) to the Seller's knowledge, there are currently no underground storage i tanks or wells on the Property, and none were located on the Property; e) to the Seller's knowledge, there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy, pending or threatened, relating to a violation or non-compliance with any environmental law, or the disposal, discharge or release or solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the Premises or Seller's ownership or use of the Premises; i i f) no consent or approval is needed from any governmental agency for the transfer of the development rights from Seller to Purchaser, and neither the execution of this Agreement, nor the closing of title, will violate any environmental law; g) from the date of this Agreement to Closing, Seller will not remove any soil from the Property from which development rights will be sold, except in the course of normal agricultural production, including horticulture, farming and drainage activities. 17. INDEMNIFICATION. Seller will defend, indemnify, and hold i I harmless the Purchaser against any and all damages, claims, losses, liabilities E and expenses, including, without limitation, responsibility for reasonable and necessary legal, title, environmental consulting, engineering fees and other costs i and expenses which may arise out of 1) any inaccuracy or misrepresentation in i any representation or warranty made by Seller in this Agreement; 2) the breach r I or non-performance of any covenants required by this Agreement to be performed by the Seller; 3) the cancellation of this contract or of the Closing contemplated herein if Seller elects not to proceed with the sale for any reason or for no reason, except as set forth in $ 9 or for a breach or default on the part of Purchaser; 4) any action, suit, claim, or proceeding seeking money damages injunctive relief, remedial action, or other remedy by reason of a violation or f non-compliance with any environmental law, or the disposal or release of solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of a ' development rights, except those lawfully and properly occurring in the course of j agricultural production. This paragraph shall survive Closing. 18. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously with the execution and delivery of this Agreement, has also delivered the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time of the Closing, the Seller shall submit a sworn statement that there have been no changes in interest since the date of this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by I the Supreme Court. 19. BROKER. The parties agree that no broker brought about this sale to claim a commission. 20. ENTIRE AGREEMENT. It is understood and agreed that all i understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, i not embodied in this contract, made by the other. 21. MODIFICATION. This Agreement may not be modified, changed or terminated orally. This Agreement may be modified or changed i I i 4 only with the prior written consent of both Seller and Purchaser in each instance and any purported modification or change made without such f consent shall be void. 22. BINDING EFFECT. This Agreement shall apply to and bind the heirs, distributes, legal representatives, successors and permitted assigns of the respective parties. 23. DEFAULTS AND REMEDIES. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. If Purchaser defaults, the Seller shall have such remedies as Seller shall be entitled to at law or in equity P 1 24. PURCHASER'S LIEN. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey, survey inspection and environmental audit charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 25. NOTICES. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf by certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party to i whom the Notice is to be given, or to such other address as such party shall i 1 I i hereafter designate by Notice given to the other party or parties pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that each Notice delivered in i ; 5 � person or by overnight courier shall be deemed given when delivered. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this Contract. Any notices sent pursuant to this Paragraph shall also be sent to thee attorneys for the respective parties: j If to Seller: Daniel C. Ross, Esq. Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 If to Purchaser: Lisa Clare Kombrink, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP 51 Hill Street Southampton, New York 11968 26. NO ASSIGMENT. This Agreement may not be assigned by Seller or Purchaser without the prior written consent of the parties in each pinstance and any purported assignment(s) made without such consent shall be void. i 27. MISCELLANEOUS. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers"whenever the 6 sense of this Agreement so requires. f 28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this Agreement by Purchaser is subject to approval by the Town Board of the Town of Southold in the form of a resolution, following a public hearing as required by applicable law. i 29. FORM OF EASEMENT. The Town of Southold has applied for a grant from the New York State Department of Agriculture and Markets for ` a portion of the purchase price. If the grant is awarded, the parties acknowledge that the State will require that its form of Development Rights Easement be used, and Seller consents to this requirement. IN WITNESS WHEREOF, this Agreement has been duly executed t by the parties hereto on the day and year first above written. MARRATOOKA N TH, LLC, Seller BY: ERIC KEIL, MANAtING M MBER I ; ANAGING MEMEBER TOWN OF ZRUSSELL, SUPERVIS(fR , Purchaser BY: SCOTT A i April 17, 2013 Deed of Conservation Easement THIS CONSERVATION EASEMENT ("Easement") isgantedthis day of 2013, by MAARATOOKA NORTH, LLC, having an addressat 30 East Gate Drive, Huntington, New York 11743("Grantor")to the TOWN OF SOUTHOL D ("Grantee"), a New York municipal corporation having its principal officeat 53095 Man Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor i s the owner of certa n real property(the"Property") cons sti ng of 22.50 acres, located on 17405 NYS Route 25, Mattituck, in the Town of Southold, Suffolk County, New York, des gnated as SCT M# 1000-115-2-6, of which 18.00 acres i s%4 ect to this Deed of Conservati on Easement(herd natter, the"Property") and more ful ly descri bed i n the I egal survey descripti on of the property ("EX HI BI T A")and shown on the reduced copy of the survey ("EX HI BI T B"), both attached hereto and made a pat hereof. B. Grantee i s a muni cipal corporal on and has the authority pursuant to Secti on 247 of the General M unicipal Law and Arti cle 49,Title 3 of the New York Envi ronmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists priman lyofproduct veactricultural laid. The Property contans18.00 acres of prime soils as defi ned by the U.S. Department of Agriculture Natural Resources Cornsavati on Servi ce. D. Article 14, Section 4 of the New York State Constitution statesthat"the policy of this state shat I be to conserve and protect i is natural resources and sceni c beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products," E. In Section 49-0301 of the ECL,the Legislature of the State of New York found and declared that"in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and manmade resources, the preservation of open spaces, and tie preservation, development and imlorovement of agricultural ani forest lands..., is fundamental to the ma ntenance, enhancement aid i mil rovement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property islocatedwithin Suffolk County's Agricultural District#1, createdpursuatto Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it stales: "It is hereby found and declared that many of the agricultural lands in New York State are injeopardy of being lost for any agricultural purposes. When nonagricultural development Page 1 of 17 April 17, 2013 extends into farm areas, competition for limited resources results...I t i s therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...It is the purpose of thi s arti cl a to provi de a I ocal Iy-i ni ti ated mechai sm for the protecti on and enhancernent of N ew York State's agricultural Iand as viable segment of the local and state economiesand as an economic and environmental resource of moor importance," G. Article 25-AAA, Section 321 of the A gri culture and Markets Law states that"It is hereby found and declared that agricultural I ands are irreplaceable state assets. In an effortto mai ntai n the economic viability, and the envi ronnuental and landscape preservati on val ues associated with agriculture..." the Commissioner isauthorized to administer programsto assist counties in developi ng agricultural and farmland protection plans and to assist both county and munici pal governments i n the implementation of su ch plans. The Commissioner gives priority to projects that wi I I preserve viable agricultural land, are located in areas facing significant development pressure and serve asa buffer for asi gni ficant natural pudic resource containing important ecosystem or habitat characteristics; H. The Property is located with n the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve lend suitable for farm rug and ensure that farm ng renai ns an important part of the local economy. The Plan also recommendsthat the Town participate in partnersh p efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. The Property isalso, located within theCounty of Suffolk,which has adopted an Agricultural and Farmland Protection Plan dated June 1996,which recommends the continued preservation of productive farmland through the purchase of development rights I n addition,the Plan sets forth the following goals: to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm farm lies. The plan seeks to preserve 20,000 axes of productive farmland through the purchase of development rights and to ensure that public policy protects, promotes and surstai res agri culture. J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish i ts conservati on purposes. NOW,THEREFORE, in consideration of the foregoi ng, ONE MILLION ONE HUNDRED THI RTY-NI N E THOUS4ND FI V E HUNDRED AND 00/00 Dollars($1,139,000.00)and the mutual covenants, terms, condti ons and restricti ons conta ned herein, the parti es agree as follows 1. Grant of Conservation Easement. Page 2 of 17 A pri 117, 2013 Grantor hereby grants and conveysto Grantee, a Conservation Easement(the"Easement"), an immediately vested interest in real property defined by Art cle 49,Title 3 of the ECL of the mature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecti ng the Property that is i ncons stent with the covenants contai ned herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Primary Purpose of this easement is to corwve viabl a agri cultural land and sa I resources by preventi ng uses of the Property that wi I I s gni f cant)y i mpai r or i nterfere wi th the Property's agricultural and forestry Aabi Iity and productive capacity. 3. 1 mplementation. This Easement shall be implemented by limit rig and restri cti ng the development and use of the Property in accordancewith its provisions The Property remains%4ect to all arpplicable local, state and federal I aws a d regulations. This Easement and the admi rr strati on of its provisions shall riot unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25- AA of the Agri culture and Markets Law. 4. Definitions 4.(a). "Grantor" or"owner" includetheoriginal Grantor, its heirs, successorsandassigns, all future owners of any legal or eatable interest i n all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof. 4.(b). "Grantee" i ncl udes the on gi nal Grantee(s) and its succ rs and assigns. 4.(c). "Farm Labor Housing" means dwellirigs orstructures, together withaccessory i mprovemeits used to house seasonal and/or ful I-ti me employees where such res dences are provi ded by the farm Iandowner a dfor operator, the worker i s an essenti al e ployee of the farm landowner and/or operator employed i n the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the pri may res dance of a farm owner is not"farm labor housing". 4.(d). " Farm Operation" shall be defined in accordance with Section 301 of the New York State Agri culture and M arkets Law ("Agri culture and Markets Law"), or such successor law as enacted or amended. 4.(e). "Impervious Surfaces' aedefinedasstructuresorimprovernentsthatpermanently coversoi I resources. I mpevi ous Maces do not i ncl ude permeable surfaces such as gravel roads aid parki rig areas; structures whose pri nci pal purpose is to protect soi I and water resources, such as manure storage areas and structures and improvements lacking permanent foundations. Page 3 of 17 A pri 117, 2013 In determi ni ng the square footage of I mpervi ones Surface w ith i n any structure or improvement on the Property, only those surfaces actually covered with sidewalks, driveways or a continuous fourxiati on that inclividually would be deemed to be I mpervi ous Surface shall be included in any such measurement. Under no circurnstaxes shall a concrete footing associated with any structural support post or column that i s not part of a conti nuous foundati on ever be i ncl uded i n any such measurement of I mpervi ous Surface. 4.(f). "Sound AgriculturalPractices" isdefinedasthose practicesnecessary for on-farm production, preparation aid marketing of agi cultural commodities, provided such practi ces are legal, necessary, do not case bodi ly harm or property damage off the farm, and acti eve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is"sound," Grantee or Grantor may request that the New York State Department of Agriculture aid M arkets initiate a sound agricultural practice review pursuant to Section 308 of the New York State A gri culture and M arkets Lav, or any successor Iaw as enacted or amended. 4.(g). "Viable Agricultural Land" is defined as land highly suited for agricultural product on. 5. Reserved Rights Retained by Grantor. A s the owner of the Property, Grantor reserves all customary rights aid privileges of ownership, i rxludi rig the right of exclusive use, possession and enjoyment of the Property, the ri ghts to sell 1, 1 ease, and devi se the Property, as wel I as any other ri ghts cons stent with the Purpose set forth in Section 2("Purpose) and riot specifically prohibited or limited by this Easement. Under no circumstancessiall commercial airstrips or commercial helicopter pads or similar improvements be constructed or operated on the Property. However, nothing in this Easement rel i eves Grantor of any obli gab on with respect to the Property or restri cti on on the use of the Property i mposed by I aw and nothi ng i n thi s Easement shall I requ i re Grantor to take any action to restore the condition of the Property after any Act of God or Force M aj are. 5.(a). Right to Use Property for Agricultural Uses. Grantor shall havethe right to engage in all types of agricultural production as the term is referenced in 247 of the General M uni ci pal Law andlor defi ned in Chapter 70 of the Town Code, or such successor law as enacted or amended, and including the production of crops, livestock and livestock products as defined in 301(2)(a)-(j) of theAg iculture aid Markets Law, or such successor law as enacted or amended, or as said 301(2)(a) -Q) maybe amended.The processing or retail merchandising of such crops, livestock or livestock products, a horse boarding operation, and a riding academy shall riot be Page 4 of 17 April 17, 2013 considered agricultural production. Grantor may offer"U-R ck" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with nal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of thi s Easement or other app!i cabl e lays. Notwithstandingthe above, "U-Rck" activitiesshaiI be deemed ahavestirig activity, which is pat of atypical agricultural use of the Property, and, therefore, shall not be deemed a recreational use. 5.(b). Right to Use Property for Recreational Purposes. Grantor retains the right to use the Property for otherwise lawful personal recreational uses, i ncl udi ng, but not I i nni ted to, hunti ng, fi shi ng, cross-country ski i ng, campi ng, horseback ri di ng arc!snowmobi I i ng, subj act to the I i mi tali ons set forth i n thi s Easement, i nclua ng Secti on 8("Construction of Bea Idi ngs and Other I mproveneit5'). I n al l cases, such recreati oral uses must be compati ble with the Purpose of this Easement and suborn nate to the agri culturai use of the Property. Under no circumstaces shall athletic fields, golf courses or ranges, or other Simi lar recreationd improvements be constructed. 6. Conservation Pian. Grantor and Grantee recognize that changes in economic and environmental condi tions, in agricultural technologies, in accepted farm management practices and in the Farm Operations of Grantor may result in changes in the agricultural uses of the Property. It i s the intention of this Easement to maintain Grantor's d6 scretion to employ its choi ces of farm uses aid management practi ces so long as those uses aid all forming operations are conducted in accordance with Sound Agricultural Practices as defined herein and in a manner consistentwith a Conservation Plan prepared by a qualified conservation professional or by the local Sal and Water Conservation District in cooperation with the Grantor. The Conservation Ran shall identify potential adverse envirormertal impactsof agricultural activities, aswell asenhance the agricultural productivity and economic viability of the Property. This planshall be updated periodically and whenever the Forming Operation changes substantially. Upon request, Grantor shall provide copy of the most current plan to Grantee. 7.Access. N oth!rig contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the executi on of thi s Easerneen t. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. Page 5 of 17 April 17, 2013 8.(a). I mpervious Surfaces Subj ect to the I i mi tati ons set forth below, I mpervi ous Surfaces may be constructed or p1 aced on up to a maxi mum of 10% of the Property. 8.(b). Fences Existi ng fences may be repaired, removed and replaced, and new fences may be bui It on the Property for purposes of reansornable and customary management of livestock and wi Idlife, safety and general managanent and to prevent trespass rig on the Property. 8.(c). Agricultural Structures and Improvements A rry existing or subsequent agricultural structures and improvements maybe repaired, removed, enlarged and reel aced at their current locati ons subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("I mpervious Surfaces ). Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct bui Idi ngs, structures and impervious i mprovements for such purposes rel ated to the Farm Operation on up to 5% of the Property without permission of Grantee. With permission of Grantee, Grantor may construct bui I di ngs, structures and improvements related to the Farm Operation that would cover up to an adds tional 5%of the Property. For purposes herein, such buiI di ngs, structures and improvements shat I not include those associ aced with manure processing and handling or any faci li ties associ aced with the processing or marketing of crops, livestock, and livestock products, i nc I udi ng a horse boardi ng operati on or a horse ri di ng academy. 8.(d). Farm Labor Housing Subject to the I mpe vious Surfaxe coverage limitations set forth in Section 8(a), Grantor may construct or place nav dwellings or structures exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of Grantee.The land on which these structures stand shall not be subdivided. 8.(e). Personal Recreational Structures, I mprovements and Activities Structures, improvements and activities associated with personal recreational purposes, subject to Section 5(b), are permitted on the Property provided that such structures, improvements or activities: (i) are compatible with the Purpose of this Easement; and (ii) are suborcinate tothe agriicultural use ofthe Property; and (iii) with respect to structures and i mproverme nts onl y, comprise an aggregate footprint of no more then 400 square feet unless Grantee has received pri or permi ssi on of Grantor pursuant to Sect on 16. 8.(f) Utility Services and Septic Systems Page 6 of 17 April 17, 2013 Wires, lines, pipes, cables or other facilit esprovioing electrical, gas, water, sewer, communi cations, or other uti I i ty services to or from the i mprovemeits perm tted i n thi s Easement may be Installed, maintained, repaired, removed, relocated and replaced, and Grantor may gran easements over and under the Property for such purposes. Septi c or other urdeergounJ sanitary systems servi ng the improvements permitted herei n may be i rstalled, maintained, repaired or improved. A I I such services and systems shal I serve only structures and improvements located on the Property and shall be compatible with the Purpose of this Easement, subord nate to the agricultural use of the Property and located i n a manner that mi N mizes the i mpact to pri me or statewi de Important soi Is. 8.(g). Alternative Energy Structures and I mprovements Structures and i mprovements necessary to undertake altemative energy activities such as wind, solar, and other si mi lar energy generation activities we permitted asfuther described below, provided they are compati ble with the Purpose of thi s Easement, suborci mate to the agricultural use of the Property, and located in a manner that mirgmizesthe impact to prime or statewi de i mportant soi I s. Subject to the 1 mpervious Surface coverage limitations set forth in Section 8(a) ("I mpervious Surfaces!'), such structures and i mproveme ts, i ncluxi ng roads and drai nage catches, may be bui It on the Property only with the permission of Grantee,which may be conditioned upon the post rig of a bond. These structures and improvements are permitted orgy if the activity is limited and localized i n impact affecting no more than two percent(2%) of the Property at one ti me. Prior to dEterrni ni rig the location of a site for these structures and i mprovements on the Property, the Grantor steal I noti fy the Grantee, the New Y ork Stake D epartment of Agriculture and M arkets, and the local Sal and Water Conservation District to give them an opportunity to participate in an onsite meeti ng to review proposed locations. Grantor shall agree to comp)y with the New York State Department of A gri cul ture and M arkets gu idelI nes for agricultural mitigation for construction of such structures. 9. Maintenance and Improvement of Water Sources. Grantor may use, ma ntai n, establish, construct, and improve water sources, water courses and water bod es within the Property for the uses permitted by thi s Easement, provi ded Grantor does riot significantly impair or disturb the natural course of the surface water drainage on the Property. N otwithstanni ng the above, Grantor may alter the natural flow of water over the Property in order to improve d rai nage of agri cultural soi Is, reduce soi I erosi on andlor flooding, provi de irri gaff on for the Property or i mprove the agri cultural or forest maregement potential of the Property, provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices,the Purpose of this Easement and is carried out in accordance with c"icable local, state and federal lays and regulations. 10. Water Rights. Page 7 of 17 April 17, 2013 Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from titleto the Property itself. 11. Subdivision. The Property is not be further subdivided pursuant to Town Lav Secti ons 265, 276 or 277 or Section 335 of the Real Property Lav, as they may be amended, or any other applicable State or local law, except as provided herein. As required by appl i cable lav and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1)each resulting parcel conta ns at least 10 acres of Viable Agricultural Land and(2) each such parcel is permanently protected with a perpetual conservation easement (whose purpose is equivalent to that stated herein in section 2). The ri ght to construct I mpervious Surfaces as set forth i n Paragraph 8(a) shall be el I ocated at the time of a proposed subdivision. Such allocation of rights shat l not result in greater than 10%of the Property being covered by I mpervi ous Surfaces. At the discretion of Grantee, a functionally and materially equivalent Easement may be recorded sumultaneously with the filing of the subdivision map. Except as provided above, any other subdivision, recording of a subdivision plan, partition, or any other attempt to internally or externally divide the Property into two or more parcels i s prohibited. Mortgages, or other non-possessory interests in land do not constitute subdivisions for the purpose herein, provided such interests encompass the whole parcel. 12. Forest Management. Without permission of Grantee, Grantor may clear forested seas for conversion to farmland, harvest wood for use on the Property i ncl udirg heeti ng or construction of bui Idngs and improvements, manage forested areas for wiIdife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially havest ti mber and other wood products, corKluct timber stand improvements and construct, mai ntain, remove, and repel r unpaved access roads and"stagi ng areasi',those areas where I ogs are temporan I stored for transport necessary for such activities.AI I such acti vi ti es shal I be i n accordance with generally- accepted forestry best management practices Such commercial timber harvests and timber stand i mprovements shal I be caried out in accordance with a forest management plan and harvest plan prepared by a forester who i s certi Pied by the Sod ety of A meri can Foresters or such successor organizati on as i s I ater created, a Cooperati ng Consul ti rig Forester with the New York State Department of Environmerta Conservation or aqualified forester approved by Grantee. Page 8 of 17 A pri 1 17, 2013 In order to facilitate the mora tori ng and stewadsli p of this Easement, and ensure Conti nui ng communication between parties, Grantor shall give Grantee, its successors or assigns written notice riot less than forty-five(45) days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written noticeshall includesubmission of the currant forest management plan and harvest plan. 13. Removal of Materials; Mining; Excavation The removal of topsoil, sand, gravel, or other material for exportation ardor sale shall be prohibited. Mineral exploitation, and e(traction by any method, surface or subsurface, is prohibited. Soil may only be moved ardor removed i n accordance with a Conservation Plan(Section 6), to promote rem red drai nage activities, to construct and n-6 nta n permitted structures and improvements on the Property, and for agricultural uses. 14. Road Construction. Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement. Roads constructed on the Property shall be located in a manner that minimizes impacts to the prime and statewide i mportant soi Is, 15. Dumping and Trash. Thedurnping, land filling, burial, application, injection, or accumulation of any kind of garbage,trash or debri s on the Property i s prop i tited, other than agricultural ly-related waste or biodegradable material in accordance with Sound Agri cultural Practices and any applicable State or federal law or regulation. However, thisshall riot prevent thestorageof agricultural products and byproducts, the storage of old farm equipment used for pats, and composting or reuse of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for A g icultural Uses"), generated off the Property for non-commercial use on the Property, so long asthey are used and stored in accordancewith Sound Agricultural Practices. No biodegradable material used for compost ng,whether generated on the Property or imported to the Property, may bet used for resale. Notwi thstaxi ng the forego ng, the storage and treatment of sewage associated with bui Idi rigs permitted on the Property i s permitted by this Easement. 16. Permission of Grantee. When Grantor i s requi red to obtain Granteds perm scion for a proposed action pursuant to the Easement, such permission shall be requested in writing. Grantee shall grant permission unless it determines that such action is 1) incompatible with the Purpose of this Easement or 2) not subordinate to the agricultural use of the Property. Such permission shall rat be unreasonably withheld. Grantee shall respond with a decision in writing with n forty-five(45)days of receipt of the Grantor's written request whgch shall i nclude all relevant bui Idi rig plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, Page 9 of 17 April 17, 2013 if avail fable. If mutually agreed upon by Grantee and Grantor, thistimeli ne may be reasonably extended. Grantee shall not be I iable for damages for any fa 1 ure to grant permission to Grantor. The permission contemplated in this Paragraph is in addition to any other approvals that maybe required by the Town Code of Southold(the"Town Codd'), 17. Ongoing Responsibi lities of Grantor and Grantee. Other than as specifi ed herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligationsof Grantor as owner of the Property, i n1 udi ng, but riot Ii mited to, the fol I owi rig: 17.(a). Taxes Grantor shall be solely responsible for payment of ail taxes and assessments levied against the Property. If the Grantor becomes del i nquent in payment of taxes the Grantee, at its opti on, shall have the right to take such actions as may be necessary to protect the Gratees i nterest in the Property and to assure the conti nued enforceability of this instrument and to recover all of its costs i n1 udi ng reasonable attorney's fees. I f, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors i nterest i n the Property, Grantor wi I I prorrpdy re mburse Grantee for the sane. 17.(b). Upkeep and Maintenance Grantor shall be solely responsi bl a for the upkeep axil mai nterance of the Property,to the extent required by lav and this Easement. Grantee shall have no obligation for the upkeep or ma ntenane of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and M arkets hamlessfrom any and all costs, claims or liability, i ncluding but not limited to reasonable attorneys fees ai sing from any personal injury, accidents, negligence or carnage relati ng to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, i n wh i ch case li abi I ity shall be apportioned accordingly. 18. Extinguishment of Development Rights. Except asotherwise reserved to theGrantor in this Easement, all non-agricultural development rights appurtenant to the Property ere hereby released,termi hated and exti nguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating p rrrissible lot yield of the Property or any other property. 19. Baseline Documentation. By its ececution of this Easement, Grantee acknowledges that the present uses of, and related structures and i mprovemerts on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to faci I itate future monitori ng and enforcement of this Easement, a Baseline Documentation Report, including relevant maps and photographs, describing Page 10 of 17 April 17, 2013 such condition at the date hereof, has been prepared and subscribed by both parties, aid a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or charaster of the Property has occurred, but its exi stere shall not preclude the use by Grantee of other evi dente to establish the condtion of the Property as of the date of th s Easement. 20. Right of I nspetion. Grantee steal l have the ri ght to enter upon the Property wi th forty-ei ght (48) hours advance roti ce to Grantor for the purpose of i nspecti ng for compii axe with the terms of the s Easement. Such I nspecti on shall be conducted between the hours of 9 am. and 7 p.m. on a weekday that i s riot a legal hole day recognized by the State of New Y ork or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause i rreparable ham to any of the agricultural or other resources this Easement is designed to protect, no such advance notice isrequired. Representatives of the New York State Department of Agriculture and Markets shall hare the same right of inspection. 21. Enforcement, If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, givi ng Grantor the rty (30)days to cure the violation. Notwithstad ng the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent i njunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, i ncludi rig damages for the loss of the resources protected under the Purpose of this Easement; and(b) restoration of the Property to its condition existi ng prior to such violation. Sand remedies shal I be cumulative and shat I be i n addition to all remedies now or hereafter existing at I aw or i n eq i ty. In any case where a court fi nds that a violation has occurred, Grantor shat I reimburse Grantee for all its expenses i nc rred i n stopping and oorrecti rig the A olAion, Incluci ng, but riot Iimitedto, reasonableattorneys' fees. ThefailureofGranteetodiscoveraviolationorto take immediate legal action shall not ba Grantee from doing so at a later time. I n any casewhere a court fi nds no violation has occurred, each party shall bear its own costs. 22. Transfer of Easement. Grantee shall have the right to transfer this Easement to ary private non-governmental organization or public agency that, at the time of transfer is a"public c body" or"rot-for-profit conservation organization" as defined by Article 49 of New York State Environmental Conservation Lary or "qualified organization" under Sect on 170(h) of the Code, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist Page 11 of 17 April 17, 2013 or qualify under Article 49 of New York State Environmental Conservation Lav and Section 170(h)of the Code, a court of competent j uri sci cti on shal I transfer th i s Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Apiculture and M arkets must benotifiedinwriting inadvanceofany such transfer. TheDepartmentofAgriculture and Markets must approve the choice of any new nor>-governmental organization or public agency designated as "Grantee" and shall not unreasonably withhold or delay such approval. 23. Transfer of Property. Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shell contain language substantial I y as fol lows "This{conveyance, lease, mortgage, gement, etc.) is subject to a Conservation Easement which runs with the land and wh1 ch was granted to by i nstru melt dated , and recorded i n the officeof the Clerk of Suffolk County at Liber Page " Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty(30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or New York State Department of Agriculture and M arkets or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit itsenforceability in any way. 24.Alienation No property rights acguired by Grantee hereunder shall be alienated except pursuant to the provisionsof Chapter 70 of the Town Code, or any successor chapter, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provi siors of the Town Code shall alter the limitations placed upon the alienation of these property rights or i nterests whi ch were acqui red by the Town prior to any such amendment. 25. Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Apiculture and M arkets. Any such amendment shat I be consi stent with the Purpose of this Easement and she I comply with the Environmental Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article25- AA of theAgriculture and M arkets Law or such successor law as enacted or amended. Any such amendment to thi s Easement shsl I be duly recorded. 26. Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Apiculture and M arkets, a coot with j uri sd cti on may, if it deterrni nes that conditions surrourxi ng the Property have changed so much that it becomes i mpossi ble to fulfi I I the Purpose of this Easement described in Section 2("Purpose"), extinguish or modify this Easement i n accordance with applicable law. Page 12 of 17 A pri 117, 2013 In that case, the mere cessation of farmi ng on the Property shat I not be construed to be grounds for exti ngui shment of thi s Easement. N otwithstaxi ng the foregoi ng, if condenvnati on by exercise of the power of eminent domain, make impossible the continued use of the Property for the Repose of this Easement as described in Section 2("Purpose") herein, the restri cti ors maybe exti ngui shed by j uci d al proceed ng. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other ci spositi on of the Property, or title insurance proceeds, in accordance with Section 27("Proceeds') herein. In the event that Grantor retains the Property subsequent to arty such extinguishment or partial exti ngui shment, Grantee shall I be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property asto which the exti nguishment applies ti mes the percentage determi ned under Secti on 27. 27. Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculati ng val ue in the event of any such extinguishment or partial extingii shxment or proceeds from a sale or other disposition of the Property as contenpl aced under Section 26 ("Exti ngui sYxme nt of Easement"), shall have a val ue equal to a percentage of the val ue of the Property unencumbered by this Easement (the"Proportionate Share'). The Proportionate Share is determi ned by dvidi rig the val Lie of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is %. The Proportionate Share shad I remain constant(subject to reasonabl a adj ustment to the extent permissible under Section 170(h) of the l nternal Revenue Code for any improvementswhich may hereafter be made on the Property). With regard to the porti on of such Proportionate Share equal to that paid usi rig State Farmland Protecti on Program Grant funds, Grantees agree to use such portion i n a manner cons stent with the pri maty Purpose of thi s Easement; to enabl e I and to rema n i n act ve agri cultural and forestry use. Prior to such re-use, Grantee must notfy the New York State Department of Agriculture and M arkets. 28. 1 nterpretation. This Easement shall be interpreted under the laws of the State of New York, or federal lav, as appropriate. Any general rule of construction to the contrary notwithstanci ng, this Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over ary interpretation that would render it i nvali d. 29. Successors Page 13 of 17 April 17, 2013 Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shal I continue as a servitude runni ng in perpetuity with the Property. 30. Severability. Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order orjudgment gall in noway affect thevaliclity of arty of theother provisions hereof which shall remai n in ful I force and effect. 31. Notices. Any notice required or desired to be gi ven under th i s Easernent shall be i n wri ting and shall be sent (i) by personal delivery, (ii)via registered or certified mail, return receipt requested, or(iii)via Federal Expressor other privatecourier of national reputationprovidingwrittenevidenceof delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three(3) business days after sane is delivered to a post office or deposited in an official depository under the exclusive care and custody of the United States Postal Service. All notices shal I be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to arty subsequent owner, at the address of the Property; or(d) if to New York State Department of Agriculture and Markets, 10B Airline Drive,Albany, New York 12235.Any party can change the address to which notices ere to be sent to him, her or it by duly giving notice pursuant to this Section. 32.Title. The Grantor covenants and represents that the Grantor is the sole owner and i s seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and dear of any and all mortgages not subordinated to this Easement, and that the Grantee stall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 33. Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassirig entire separately deeded parcels, as collateral for a subsequent borrowi ng.A ny subsequent I ens on the Property must be su bordi nate to thi s Easement. 34. Subsequent Encumbrances. The grant of any easements or use restrict ons is prohibited, except with the permission of Grantee. Any future encumbrances shat I be consistent with the primary Purpose of this Easement and shall riot unreasonably restrict or regulatefarm operations in contravention of the purposes of Article25- A A of the A gri culture and Markets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual know edge of a rel ease or threatened release of hazardous substances or wastes on the Property, as such substances and wastes we deli ned by appl i cable Page 14 of 17 April 17, 2013 lav, and hereby prorrisesto hold harmless, defend, and indemnify Grantee and New York State Deportment of Agriculture and Marketsaganst and from, any and all loss, cost, clam (without regard to its merit), liability or expense(including reasonable attorneys fees)arising from or with respect to any release of hazardouswaste or violation of environmental laws. If at any time atter the effective date of this Easement there occurs a release in, on, or about the property of arty substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the a r, water, or soi I, or i n any way harmful or threatening to human health or the env ronment, Grantor agrees to take al I steps that may be requi red under federal, state, or local l aw necessary to assure its contanvment and remediation, including any cleanup. N oth ng i n thi s Easenent shat I be construed as givi ng ri se to any right or abi I ity i n Grantee, or the New York State Department of Agriculture and M arketsto exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwi se to become an operator or aTanger wi th respect to the Property wi thi n the mearing of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended("CERCL A") or any correspornci ng state and Iocal statute or ord i nance. 36. Duration of Easement. Except as expressly otherwi se provided here n, thi s Easement shal I be of perpetual duration, and no merger of titI e, estate or interest shall I be deemed effected by any previ ous, contemporaneous, or subsequent deed, grant, or assignment of an i nterest or estate i n the Property, or any portion thereof, to Grantee, it bei ng the ex press i ntent of the pati es that thi s Easement not be exti ngui died by, or merged i nto, any other i nterest or estate i n the Property now or hereafter held by Grantee. 37. EntireAgeement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes al I pri or di scu ss ons, negotiati ons, understaxi rias and agreements relati rig to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless conta ned in an amendment that complieswith Section 25 ("Amendment of Easement"). 38. Waiver. No waiver by Grantee of any default, or breach hereunder,whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights ari sing by virtue of any prior or subsequent such occurrence. No waver shall be bi ndi rig unless executed i n writing by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall hind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or Page 15 of 17 April 17, 2013 use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conations done or occurs ng dun ng the peri od of hi s or her ownershi p or conduct. 40. Captions. The capti ons i n ths;instrument have been inserted sol ely for corueni en ce of reference and are not a part of th s i rstrument and shat I hate no effect upon construct on or i nterpretati on. I N WI T N ESS W H EREO F, Grantor and Grantee, interuingto be legally bound hereby, have hereunto set thei r hands on the date first above written. MAARATOOKA NORTH, LLC Grantor: By: M anagi ng Member TOWN OF SOUTHOLD Grantee: By: SCOTT A. RUSSELL, Supervisor State of New York ) County of }, ss: On the day of i n the year 2013 before me, the undersi gned, personal ly appeared personal I known to me or proved to me on the bass of satisfactory evidence to be the i rid vidual (s)whose name(s)is(ere)subscribed to the within i rstrument and acknowledged to me that he(she/they executed the sane in tr s(her/thei r capacity(i es), and that by histher/tha r s gnature(s) on the i nstrument, the i nervi dual(s), or the person upon behalf of whch the inavidual(s) acted, executed the instrument. Signature/office of individual takingacknowledgement owledgenent State of New York ) Page 16 of 17 April 17, 2013 Countyof )' ss:. On the day of in the year 2013 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved tome on the bass of satisfactory evidence to be the i n ividual (s)whose name(s) is(are) subscribed to the within iristrurnent and acknowledged tome that he(shEAhey executed the same in his/her/the r capacity (ies), and that by histher/their signature(s) on the instrument,the rdvidual(s), or the person upon behalf of which the i rd ivi dual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement State of New York ) Countyof }, ss: On the day of i n the year 2013 before me, the undersi grid, personal I appeared personal I y known to me or proved to me on the basis of satisfactory evi deuce to be the i nciAdual (s)whose name(s)i s(are)subscri bed to the within i nstrument and acknowledged to me that he'she/they executed the same in hisrher/thei r capacity (i es), and that by hi s(her/thei r s gnature(s)on the i nstrument,the i rnivi dual(s), or the person upon be al f of whi ch the i rxivi due(s) acted, executed the i nstrument. Signature/office of in ividud taking acknowledgement Page 17 of 17 i s MAARATOOKA NORTH, LLC N, „ag,D OPEN DEVELOPEMENT AREA lop 00 SITUATE SUBJECT MATTITUCK PREMISES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' JUNE 20, 2010 9 r NOVEMBER 17, 2010 REVISED NOVEMBER 5, 2012 REVISED m TOTAL LOT AREA = 980,124 sq. ft. 22.500 cc. KEY MAP SCALE 1 "= 1000' CERTIFIED T0: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY N SITE DATA TOTAL AREA = 22.500 cc. OWNER: MAARATOOKA NORTH, LLC tlv P. 30 EAST GATE DRIVE VO 6N p6�$ A HUNTINGTON, NEW YORK 11743 t^ ZONING USE DISTRICT: A-C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP Ik Aa 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES Z YIELD ON ENTIRE PARCEL 22.50 cc. x 43,560 sq. ft./80,000 sq. ft. = 12.25 LOTS YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS LA APs N76 CERTAIN AREAS MINIMUM PRESERVED AREA = 22.500 cc. x 0.75 = 16.875 cc MAXIMUM DEVELOPABLE AREA = 22.500 cc. x 0.25 = 5.625 cc. ACTUAL PRESERVED AREA = 18.000 cc _ ACTUAL DEVELOPABLE AREA = 4.500 cc. N Open Development Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 St. minimum lot size required by Town Code. This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as Ty there is a sufficient amount of land set aside as "clustered open space", and so im long as the density of the over—all parcel is not increased. o£ z z DTI N a� 3 a 6 m a, z � O A N t_ 6 'm o � o N o � DEVELOPMENT RIGHTS EASEMENT AREA i 784,104 S.F. OR y 16.000 ca N T @m `s V S 67.36'20E --------------------- " -'------ 455.41' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) ,", 196,020 S.F. OR 4.500 ACRES �¢ w o N PREPARED IN ACCORDANCE WITH THE MINIMUM p •� STANWDS FOR TIRE SURVEYS AS IMMUSHED 'm BY THE LIAL$ o AND ADOPTED m LIVING FDR SUCH B'(.RI RK STATE LAND DRE IAAyy 7D� QUARTERS qP' Y N�oN ASSORTED AFi C. oOUT—BUILDINGS N 87'36'20" W Tt Ze i lea Q 3 93. 15' c * j (7 ` � gra ❑ O AND 9Z W p 2—STORY + I . VUID to RESIOENHCEME N L0 N N.Y.S. Lic. No. 50467 _ ' 3 TO THIS SURVEY ALTLTA VIO TI ADDITION MON " �' 150, 4 NON Nathan Taft Corwin III TO 7209 OFSTHE NEW TIYORON K STATE y EDUCATION IAN. TIE=1785'+ - N 87'36'20" W LandSurveyor COPIES of THIS SURVEY MAP NOT BEARING 322.11 ' THE LANSSE SEAL SOR'S INKED SEAL OR MAIN ROAD NYS RT 25 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERDFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. LS. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. ngegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — ConstNction Layout LENDING INSTITUTION USTED HEREON, AND M THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUMON. CEHnFlCATIONS ME NOT TRANSFERCHIE OFFICES LOCATED AT MAILING ADDRESS THEEXISTENCE OF RIGHT RECORD,WAY F 1585 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jomesport, New York 11947 Jamesport, New York 11947 3U_UbM s MAARATOOKA NORTH, LLC ra OPEN DEVELOPEMENT AREA SITUATE SUBJECT MATTITUCK F PREMISES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' g NWI ROI, NYSW,,15 € JUNE 20, 2010 NOVEMBER 17, 2010 REVISED _ NOVEMBER 5, 2012 REVISEDI, m TOTAL LOT AREA = 980,124 sq. ft, 22.500 ac. DEC 20 2012 KEY MAP SCALE 1 "= 1000' CERTIFIED TO: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY SITE DATA TOTAL AREA = 22.500 ac. E SaE N OWNER: MAARATOOKA NORTH, LLC t �O� O, 30 EAST GATE DRIVE Y063a '' uT HUNTINGTON, NEW YORK 11743 Tn ZONING USE DISTRICT: A-C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP Ta; Aa 0 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES Z YIELD ON ENTIRE PARCEL 22.50 cc. x 43,560 sq. ft./80,000 sq. ft. = 12.25 LOTS CC. U, YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS _V11- YPs CERTAIN AREAS TO MINIMUM PRESERVED AREA = 22.500 ac. x 0.75 = 16.875 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.25 = 5.625 cc. ACTUAL PRESERVED AREA = 18.000 ac ACTUAL DEVELOPABLE AREA = 4.500 ac. N'm FY m A� OpenDevelopment Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 sf. minimum lot size required by Town Code. This was designed in accordance with the Town Code clustering provision Swhich allows for lots to be created smaller than the minimum lot size so long as zt there is a sufficient amount of land set aside as "clustered open space", and so m long as the density of the over—all parcel is not increased. f a 2 % ` N 0 5 TZo N ro xm on o Z o A y n 6 m o N-'• DEVELOPMENT RIGHTS EASEMENT AREA ' 784,104 S.F. ° OR 3 s 18.000 ac o N m V 5 87'36720"E ------- OPEN DEVELOPMENT AREA 455.41' (SEE OPEN DEVELOPEMENT NOTE) p 196,020 S.F. OR 4.500 ACRES G5' w o N T P yA � 84RN F� X101' P J f PREPARED IN ACCORDANCE SURVEYS SHE MINIMUM O BY FOR TIRE SDRVETS AS ESTABLISHED 'Co BT THE L.I USE AND E NEW YO AND ADOPTED m- O LIVING FOR SUCH USE 9Y THE NEW YORK SLATE LAND QUARTERS TITLE ASSOCIATION. WRa NDN ASSORTED 0F Netq 1.O OUT-13VIIINGS N 87'3620" W hp Kr FTC N 3 93. 15' w ❑ o Z o I5'— 2—STORY :It O WOOD FRAME M O i RESIDENCE NIn N N.Y.S. Lic No. 50467 O N) UNAUTHORIZED ALTERATION OR ADDITION �a SURVEY S Nathan Taft Corwin III TO THIS ISA MOLATION OF ISO, SECTOF THE NEW YORK STATE £ c EDUCATION _AW. TIP=v55'+ - N 87'36'20" W Land Surveyor COPIES OF THIS SURVEY MAP NOT GEARING 322. ' ' ' THE tSNO S HIS SUR 5 INKED SELL EA TO LI L SHALL NOT BE CONSIDERED MAIN ROAD NYS RT 25 TO BE A VALID TRUE COPT CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To Stanley J. soksen, Jr. LS. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. In9egnR LS 15 PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction LMyo°t LENDING INSDIITION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fox (631)727-1727 IFUMON, CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MI ADDRESS THE EXISTENCE OF RIGHT OF WAYS 15BG Men Road P.D. Box 16 AND/OR EASEMENTS OF RECORD, IF ANYNOT SHOWN ARE NOT GUARANTEED. Jaespori, New York 11947 Jamesport, New York 1194] , m MAARATOOKA NORTH , LLC � , OPEN DEVELOPEMENT AREA ° x5s SITUATE �'WK MATTITUCTK PREMISES TOWN OF SOUTHOLD F4m SUFFOLK COUNTY, NEW YORK S.C . TAX No. 1000- 115-02-06 SCALE 1 "= 100' 3: MAIN ROAD NYS NT 11 ; JUNE 20, 2010 A NOVEMBER 17, 2010 REVISED NOVEMBER 5, 2012 REVISED � m TOTAL LOT AREA = 980,124 sq. ft. 22.500 ac. KEY MAP SCALE 1 "= 1000' CERTIFIED T0: MAARATOOKA NORTH LLC FIRST PIONEER, FARM, CREDIT COMMONWEALTH LAND TITLE 'INSURANCE COMPANY NOV 15 2012 I �+:l �� 56511' aH — SITE DATA �jt U1 TOTAL AREA = 22.500 ❑c. 1~ v� SaE�'L\�=• o OWNER: MAARATOOKA NORTH, LLC G 30 EAST GATE DRIVE HUNTINGTON, NEW YORK 11743 ZONING USE DISTRICT: A-C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP Yni 80/60 CONSERVATION SUBDIVISION Ao BUILDABLE LAND - '0 22.50 ACRES YIELD ON ENTIRE PARCEL 22.50 ac, x 43,560 sq. ft./80,000 sq. ft. = 12 LOTS y YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.40 = 4 LOTS l w m CERTAIN AREAS MINIMUM PRESERVED AREA = 22.500 ac. x 0.80 = 18.000 ac MAXIMUM DEVELOPABLE AREA = 22.500 oc. x 0.20 = 4.500 CIC:. a �z ACTUAL PRESERVED AREA = 18.000 cc ACTUAL DEVELOPABLE AREA = 4.500 ac. m m Ai Open Development Note: The Maoratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided \ in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 St. minimum lot size required by Town Code. \ This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there Is a sufficient amount of land set aside as "clustered open space", and so \ 4 long as the density of the over—all parcel is not increased. m 0 0 0 pC s Z ��a o m LOT `Z S �O O£ cx, m 2 s o P a G \ O �a a 5 Nom- DEVELOPMENT RIGHTS EASEMENT AREA m \ 784,OR S.F. 3 OR v 18.000 cc a N m m m \Ap\ V 5 97'36'20"E 455.41' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) h 196,020 S.F. 4.5000ACRES 155/W o N ��z n� DARN , PREPARED IN ACCORDANCE WITH THE MINIMUM o � cy�' STANDARDS FOR TITLE SURVEYS AS ESTABLISHED m Cl LIVING 6Y THE LIALS AND APPROVED AND ADOPTED LOT 1 FOR SUCH USE BY THE NEW STATE LAND QUARTERS TITLE ASSOCIATION `D°oN� ASSORTED �OF NFW yO OUT—BUILDINGS N 87'36'20" W t 5� tWT a R� N 0 D 93. 15' g IA 3 A 'Lo ❑ o 45'— 2-STORY Sh o �y o W000 FRAME M O Z F RESIDENCE ONan IN 5�` Y.5 Lit No. soa67 w CO M u oN•° CO ONAUDLOR¢EO ALTERATION OR ADDITION NUN Nathan Taft Corwin III SE THIN SIT EY ISA VIOLATION YORK SECTION 7209 OF THE NEW YORK STATE TIE=1185+/- N 87-36'20" W EDUCATION Law. 322. 11 ' Land Surveyor COPIES OF THISURV SURVEY MAP NOT HEARING MAIN ROAD T� THE LAND SEAL SHALL INKED SEAL OR 1t�d AYN AY�AfI N�� d�,� 25 TO BE Eo SEAL SHALL NOr BE CONSIDERED ro RE A vnuD TRUE tour CERTIFICATIONS INDICATED HEREON SHALL RUN Su¢essOr To Stanley J. soksER Jr L.S. ONLY TO IS HE PERSON HRS EHOMFTHEE TO THEVEY THE A n(JC9no L 5 TITLE COMPANY, COVERNMENTAS AGENCY AND TNI¢ Surveys — Subd;Oslons — One Plans — ConstruChoo Loyoul LENDING ASSIGNEEIONO LISTED HE I FENDIOG 'N. AND To THEPHONE (631)727-2090 Fox (631)727-1727 TrIl CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS ANO/OR EASEMENTS OF RECORD, IF 1566 MP D box 16 m Road ANY, NOT SHOWN ARE NOT GUARANTEED. JamespArt, New York 11947 Jomesporl, New York 11947 37 �$UFfU(A'CO MAHJ NG ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair rq OFFICE LOCATION: Town Hall Annex JOSEPH TOWNSRND ?JO �A! W75 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR GEORGE D. SOLOMON Southold, u Telephoner 631765-1938 Fax: 681765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD DEC - 6 L"010 Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision MAARA-rC0CA NORT+I ObA- 2. Suffolk County Tax Map # 1 0 OcD [ 15 Z — (n 3. Type of Subdivision Standard [ ] Conservation [ ] 4. Hamlet M m 44�-6 cK 5. Street Address/ [ 4 U (Ae - l-s c,k Project Location 6. Acreage of Site 2Z. 5+ (9 FSp, O$ T 4 4 4RO) 7. Proposed Yield TWO 5-) Lgdt -1- eonsy (21/*��') a2e4 8. Number of Lots Proposed Two 2) L(7�$ -}- epyS.pgVA4l olJ QRS 9. Zoning District �- C Oh ih9 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant: OKm N off , uc _ . a© FS+ Cr ' Dpi V tz) r+r�� : �ML5 , 7,5c)- 5 x 1,5) Agent: e•',o5s E5 31 8-4+ 17 C x PropertyOwner(s): S74rw1l0 A5 Atakic ''- Surveyor: IJ A* AiO �T&4 (0o"oh h Fa 2PD3Ox L , .s ar l- til• Y. f t4 -1 C(.0 31 11- — 1-7 27 Engineer: CD L3.0 Attorney: l j p�1 e . SS FS + A-n 5 kLCQ l LLY WAVP npar iE;-luC �MY tlGZ; 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the PlanningBoard. 14 O 0 U DO✓t 00 6tM 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. N3p 14. Has the owner/ap licant met with Land Preservation? If so, provide date. CO,rt-hratc O ! w( R 009 15. Is any part of the property in agricultural use? VO 5 16. Is there an existing or proposed sale of development rights on the property? Q$ 17. Does the owner own any adjacent properties? If so,please indicate the properties by SCTM#. N0. 18. Are there any building permits currently pending on this property? If yes,please provide permit number(s). NO 19,The site will be serviced by the following special districts or utility companies: Fire District M1q-tiy�-� kCk Post Office _M 14 �' School District Water q. 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so,please provide proof that service will be provided. N(] , 21 Please indicate the type of open space proposed and how it will be managed? �cGRiC�.CRP. � �-t✓P --�r�n� � . Vl/lfl-(�Cd �� ot.aYL� (? 22. Are there any existing structures on the property? If so,please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Zo-s-tarz.l wood -F�t'.t-r�z4�-ovs-c : »�,�h livl'vic� �.7a��225 S c-�or.� 2QS�Qynre: r yh h `V ' aJt-{eA,s 1�J 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25%of the yield,please indicate how you intend on satisfying the requirement. NL)-Ek2pl tGABI F 24. Application completed by [ ] owner Magen [ ] other Signature of PreparerDCL"vz� Date (�