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HomeMy WebLinkAboutJustice Court Building it ti..,• ,.. .iRayM. • + PF-28', F`L8' � r., l Rev. y/�g NYBTU Form 8041 (Rev. 1 U78) E 1 O S yj: ; �`• , WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the 3,,9d day of 19 81 BETWEEN TOWN OF SOUTHOLD, a municipa orp ation of the State of New York having its principal office at Main Road, Soutt old, ew York Date: Parties: lglgt hereinafter called "SELLER", who agrees to sell; and CUTCHOGUE FREE. LIBRARY, Main Road, Cutchogue, New York Address: hereinafter called "PURCHASER' who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described as, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in tbx Cutchogue, Town of Southold, County of Suffolk and State of New York, described and bounded as follows: Premises: BEGINNING at a concrete monument at the southwest corner of the premises hereby conveyed and running thence North 42 degrees 15 minutes West 100 feet along the property of George A. Gould Estate to a concrete monument; thence North 37 degrees 47 minutes East 50 feet along lands of Wickham Estate to another concrete monument; thence South 42 degrees 15 minutes East 100 feet along lands of Wickham Estate to another concrete monument; thence South 37 degrees 47 minutes West 50 feet along the Main South Highway to the point or place of BEGINNING. EXCEPTING AND RESERVING unto the New York Telephone Company, its successors and assigns, however, all the right, title and interest of the New York Telephone Company, its successors and assigns, in andto all ducts, conduits, manholes, cables, wires, poles, fixtures, appurtenances and facilities for telephone purposes which may presently be located in, on, over, under and through the streets adjoining the premises. ALSO RESERVING unto the New York Telephone Company, its successors and assigns, the permanent and perpetual rights, privilege, authority, easement and right of way to place, replace, construct, reconstruct, install, operate, use, repair, maintain, relocate and remove such ducts, conduits, manholes, cables, wires, poles, fixtures, appurtenances and fac'ilit'ies for telephone purposes as the New York Telephone Companv, its successors and assigns, may from time to ' time deem necessary in, on, over, under and through the streets adjoining the premises. BEING and intended to be the same premises conveyed by the New York Telephone Company to the Town of Southold by deed dated June 4, 1970 and recorded in the Suffolk County Clerk's Office on June 10, 1970 in Liber 6755 of deeds at page 18. Said premises is shown and designated on a map entitled "Map of Land surveyed for Town of Southold at Cutchogue, Town of Southold, New York" as surveyed by Van Tuyl & Son on June 3, 1970, a copy of which map is annexed hereto. Also known as: Street Address: Tax Map Designation: 1000-102-05-22 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Closing 6. "CLOSING" means thOttlement of the obligations of SELLER aRCHASER to each other under this Defined contract, including the payment of the purchase price to SELLER, and*delivery to PURCHASER of a And Bargain and Sale deed in proper statutory form for recording so as to transfer Form of full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated.The deed will Deed: contain a covenant by SELLER as required by Section 13 of the Lien Law. ' If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING(a)a resolution of its Board of Y Directors authorizing the sale and delivery of the deed,and(b)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. The deed shall be delivered upon the receipt of said payment at the office of Closing Robert W. Tasker, Town Attorney, 425 Main Street, Greenport, New York, at ' Dale and., 10:00 A. M. thirty (30) days after the effective date of the Town Board Resolution Place: authorizing this sale or such time as is mutually agreed to by the parties hereto. Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection-with this sale other than and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). Streets and 9. This sale includes all of SELLER's ownership and rights,if any,in any land lying in the bed of any street or highway, Assignment of opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of Unpaid Awards: SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at. CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. Mortgagee's 10. e Certificate CLOSING signed by the holder of each EXISTING MORTGAGE,inform for recordin c e amount of the or Letter as to unpaid principal and interest, date of maturity, and rate of interest. Existing SELLER shall pay the fees for recording such cer ' e holder of a mortgage is a bank or other institution as Mortgages(s): defined in Section 274-a, Re aw,it may,instead of the certificate,furnish an unqualified letter dated not more than ays before CLOSING containing the same information. SELLER hereby states that any G. Compliance with 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or State and requirements noted in or issued by any governmental department having authority as to lands,housing,buildings, Municipal fire,health and labor conditions affecting the PREMISES at the date hereof.The PREMISES shall be transferred free Department of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any Violations authorizations necessary to make the searches that could disclose these matters. and Orders: Omit if the -- All-&61igatien " Property is not in York prior to.CLOSING and pa able in y ER at CLOSING. This provision shall the City of New suriviv York: Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessment: annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. Apportionments: 13. The following are to be apportioned as of midnight of the day before the day of_CLOSING: ( le insuran . (d) Taxes,water charges and sewer rents,on the basis of the fiscal period for which assessed. (e) Fuel, if any. (Ej-�b�aa}t-ekafges . If CLOSING shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. Water Meter 14. If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days Readings: before CLOSING date and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. Allowance for 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the ainount of any Unpaui"/'axes,etc.: unpaid taxes, assessments,water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. Use of 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER Purchase Price may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit to Pay money with the title insurance company employed by PURCHASER required by it to assure its discharge,but only if Encumbrances: the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. Affidavit as to 17. If a title examination discloses judgments,bankruptcies or other returns against persons having names the same Judgments, as or similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they Bankruptcies: are not against SELLER. Deed Transfer 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Recording Taxes: recording of the deed,togetherwith any required tax return.PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 1.9. All monev paid on account of this contract. and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby inaue`iie: ',CPR' 1"113- and CoEec —, ,: out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Seller's Inability 20. if SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability to convey and shall be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii)any limitation of appropriate additional searches made in accordance with this contract,and(iii)survey and survey inspection charges. liability: Upon such refund and payment this contract shall be considered cancelled,and neither SELLER nor PURCHASER shall have any further rights against the other. Corulition o/ 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale Property: and is tllorougbly acquainted with their condition. PURCHASER agrees to purchase thein"as is"and in their present condition cid>je<'t to reasonable use,wear,tear,and natural deterioration between now and CLOSiNG.PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Entire 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It Agreement: contjslt•Ic1V expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statement, made by anyone else that are riot set forth in this contract. Changes Nfust Be 23. This contract may riot be changed or cancelled except in writing.The contract shall also apply to and bind the In Writing: distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. Singular also 24. Any sinlrt►lar word or tern herein shall also be read as in the plural whenever the sense of this contract may ,cleans Plural: require it. In Pres nce William R. Pell, III Supervisor, Town of Southold CUTCHQGUE FREE LIBRARY By Susan Rosenstreich, President Closing of title under the within contract is hereby adjourned to 19 , at o'clock,at ;title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser PREMISES Section TITLE NO. Block Lot. i County or Town Street Numbered Address Recorded At Request of To: IJ[-`i1FE TITLE INSURANCE Company of New York t , RETURN BY MAIL TO: s Standard Form of New York Board of Title Underwriters Distributed by tkWFE TITLE INSURANCE • Company of New York Zip No. r O / ) ;; t7O ! Y Jt J S MAP OF .AND f, SURVEYED FpfZ E I a j ��! } 1 sforu Q a CUTCHOGUE TOWN OF SOUTunLo,f s.Y. , i . _ e v.re e y- God• f� �, Q C?LIGtY : o +pas qs �c.�YY +3�d �luN� �, f9To• 4 SOW"- 1-jr o«y BID TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE PURCHASE OF LAND AND BUILDINGS The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Specifications", and this form of bid, and that he hereby proposes to purchase the land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York, and more fully described in the form of contract annexed to the aforesaid Specifications in accordance with the price named in this bid and in accordance with the Specifications and Notice to Bidders for the sum of Fifty five thousand eight hundred sixty four doll r: ($ 559864.00 ) Dollars. The undersigned hereby agrees to enter into a contract, in the form annexed to the Specifications within five (5) days from the date of written notice of acceptance of this ,bid. In the default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $500. 00 which is herewith deposited with the Town Board shall be paid to the Town of Southold for the benefit of said Town as liquidated damages for such default; other- wise, the certified check deposited herewith will be returned to the under- signed. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certifi- cation, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder aEL well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: July 10,1981 Signature of Bidder Susan Rosenstreich, President Cutchogue Free Library Main Road, Cutchogue, N.Y. 11935 Business Address of Bidder -2- j CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICA- TION IN BEHALF OF CORPORATE _ BIDDER RESOLVED THAT Cutchogue Free Library (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Purchase of land and buildings from the Town of Southold, Suffolk County, New York,- and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccu- racies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by Cutchogue Free Library corporation at a meeting of its Board of Directors held on the 6th day of July , 1981. President Treasurer a dctin cretary An (Seal of the Corporation) ' I I NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids are sought and requested by the Town Board of the Town of Southold, Suffolk County, New York, for the sale of land and buildings of the Town (former Justice Court property at Cutchogue, New York) The sealed bids will be received by said Town Board at the Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until 3 :OOP• M. (E. S. T. ) on July 10, 1981, at which time and place they will be publicly opened and read aloud. Specifications containing the terms of sale can be examined and obtained at the Southold Town Clerk's Office, Main Road, Southold, New York. Bids must be upon and in accordance with the form of bid prepared by the Town Attorney, which bids shall be made and will be received upon the following conditions: Each bid must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in the amount of Five Hundred ($500. 00) Dollars, conditioned that if the bid is accepted, the successful bidder will enter into a contract within five (5) days from the date of written notice of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, then the check deposited with the bid and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold as liquidated damages. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Real Property" and addressed to the Town Board, Town of Southold, Southold, New York. Dated: June 9 , 1981 TOWN BOARD, TOWN OF SOUTHOL BY JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 25, 1981 , AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on June 23, 1981 : _ The Suffolk Times L. I . Traveler-Watchman Town -Board Members Highway Superintendent Dean Town Clerk Bulletin Board -2- SPECIFICATIONS FOR THE SALE OF LAND AND BUILDINGS BY THE TOWN OF SOUTHOLD GENERAL INFORMATION 1. By these specifications, the Town Board of the Town of Southold (Town) requests bids for the sale of a parcel of land owned by the Town, located on the north side of Main Road (New York Route 25) at Cutchogue. Town of Southold, Suffolk County, New York, together with the buildings and improvements erected thereon. The parcel has an area of approximately 5; 000 square feet; is shown on the Suffolk County Tax Map as District 1000, Block 102, Section 05, Lot 22, and is more fully described in the for of contract hereunto annexed and made a part hereof. The property is zoned "B-1 General Business" under the Southold Town Zoning Code. 2. The sale shall be subject to a permissive referendum pursuant to the applicable provisions of`the Town Law. TERMS OF SALE _ 1. The minimum bid shall be in an amount of not less than Fifty Thousand ($50, 000. 00) Dollars. Any bid submitted in an amount of less than $50, 000. 00 shall be deemed not to comply with the bidding requirements and shall be rejected. 2. The bidder whose bid is accepted by the Town Board shall be deemed the purchaser (subject to the taking effect of a resolution adopted by the Town Board, subject to a permissive referendum). In the event that the bidder whose bid is accepted by the Town Board shall fail to comply with the terms and conditions of these Specifications and the annexed contract, at the option of the Town Board, the property may be re-offered upon the same terms and conditions and such bidder will be held liable for any deficiency there may be between the sum for which the property may be sold upon the re-sale, or the Town Board may, at its option, retain the bid deposit as liquidated damages. 3. The bidder whose bid is accepted by the Town Board shall be required, within five days after written notice of such acceptance, to execute a contract of sale in the form annexed hereto at which time such bidder shall pay to the Town, by check subject to collection, a sum which together with the bid deposit shall equal ten percent (10%) of the bid price. 4. The Town Board reserves the right to reject any and all bids if it, in the exercise of its discretion, deems it in the interest of the Town to do so. The Town Board shall accept or reject bids within twenty (20) days after `bids are opened. In the event that the Board rejects all bids, the bid deposits will be returned to the bidders within ten (10) days thereafter. The bid deposits of unsuccessful bidders will be returned within ten (10) days after the successful bidder has executed the contract of sale. 5. Interested bidders may inspect the premises during business hours by appointment arranged through the Town Clerk. Neither the Town, nor any of its officers, agents or employees have made and do not make any representations as to the physical condition of the premises, it being under- stood that the premises is being sold "AS IS". 6. All bids shall be upon the bid form prepared by the Town, shall be enclosed in a sealed envelope addressed to Judith T. Terry, Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971, and shall have marked on the envelope "Bid for Real Property", 7. Each bid shall be accompanied by a bank or certified check made payable to the Town of Southold in the amount of $500. 00. 8. All Bidders are advised that, pursuant to the provisions of the -2- yY t Town Law, a conveyance by the Town of Southold of real property owned by it, may only be made by the Town Board by the adoption of a resolution authorizing such conveyance, which resolution .is subject to a permissive referendum. Accordingly, the acceptance of any bid by the Town Board shall be conditioned upon the adoption and taking effect of a resolution of the Town Board, subject to a permissive referendum. -3- OFFIC ORNEY ROBERT W.TASKER D3 tqffF EPHONE a Town Attorney I UL-_ (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 2, 1981 Hon. William R. Pell III Supervisor Town of Southold Main Road '` Southold, New York 11971 �ef Re: Sale of Justice Court Building to Cutchogue Free Library Dear Billy: This is to advise you that the title closing in the above matter took place in my office on September 2, 1981 at 1:00 P. M. and relative thereto I enclose here- with the following: 1. Closing Statement 2. North Fork Bank & Trust Co. Treasurer's Check payable to the Town of Southold in the amount of $50, 277. 60. The amount of $5, 586. 40 was previously paid by the library and transmitted by me to the Town Clerk on July 30, 1981. You should advise our insurance carrier that the insurance on the building should now be cancelled. You should also advise the custodians that they are no longer to maintain the building or grounds. Also, LILCO has been advised to make a final meter reading and to send the Town a final bill. You should make certain than no future LILCO bills are submitted for this property. Yours very truly, ROBERT W. TASKER RWT:aa encs. cc: Hon. Judith T. Terry ATTORNEY AT LAW 425 MAIN STREET GREENPORT, NEW YORK 11944 516-477-1400 CLOSING STATEMENT Premises Town Justice Court, Main Road, Cutchogue, New York Closing on 9/2/81 . at Robert W. Tasker, 425 Main St. , Greenport, N. Y. Present were Adjustments Credit to Buye Cred•it to Seiler Purchase Price $ $ 55, 864 00 Paid on Contract $500. 00 + $5, 086. 40 5, 586 40 First Mortgage Interest on First Mortgage Purchase Money Mortgage Taxes Water Fuel Rent Other Adjustments Total Credit to Seller $ 55, 864 00 Total Credit to Buyer $ 5, 586 40 Balance Due Seller $ 50, 277 60 Purchase Price Paid as Follows: 1.. Paid on Contract $ 5, 586. 40 2. Treasurer's Check payable to Town of Southold (#168197) 50, 277. 60 $ 55, 864. 00 Disbursements By Purchaser Purchase Price Paid As Follows Mortgage Tax $ By Cash $ Recording Mortgage By Check Recording Deed Title Company Fee Survey Drawing Bond and Mtge. Disbursements By Seller Documentary Stamps on Deed $ N.Y.C. R.P.Tranfer Tax Insurance Schedule Number Company Amount Term Expires Premium Due Seller Remarks Mortgage Memorandum Amount Mortgage held by Principal Payable Interest Rate Interest Due Rent Schedule Miscellaneous and Remarks Tenant Apt. Rent Due Adjustment Qur O K av K OUT JUDITH T.TERRYO Q TELEPHONE TOWN CLERK ` ' (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 21, 1981 Supervisor William R. Pell, III Southold Town Hall Main Road Southold, New York 11971 Dear Supervisor Pell: Transmitted herewith are two certified checks of the Cutchogue Free Library, one dated July 7 , 1981 in the amount of $500. 00, and the other dated July 27, 1981 in the amount of $5, 086. 40. Both checks are payable to the Town of Southold and together they represent 10% of the bid price re: Sale of Justice Court Building at Cutchogue. As of this date, August 21, 1981, no petition has been filed for a permissive referendum, therefore, you may deposit these checks to the credit of the Town of Southold. Very' truly yours, P' Fo OFFIC ' ORNEY ROBERT W.TASKER T D TELEPHONE Town Attorney / (516) 477-1400 1 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 July 30, 1981 Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Sale of Justice Court Building - Cutchogue Dear Judy: Susan Rosenstreich, the President of the Cutchogue Free Library has executed the contracts for the sale of the Justice Court Building and one of the original executed copies is enclosed herewith. This contract should be filed in your office. Also enclosed herewith are two certified checks of the Cutchogue Free Library, one dated July 7, 1981 in the amount of $500. 00 and the other dated July 27, 1981 in the amount of $5, 086. 40. Both checks are payable to the Town of Southold and together they represent 10% of the bid price. I would suggest that these two checks be put in your safe until the 30 day period for the permissive referendum has expired. If no petition is filed on or before August 21, 1�$], then these enclosed checks can be deposited to the cre(�it of thP_Town of Southold. Upon the expiration of the 30 day period, I would appreciate if you would advise me as to whether or not a petition has been filed. If none has been filed, I will prepare a certificate to such an effect. As you know, under the terms of the bid specifications, any bid deposit paid by an unsuccessful bidder must be returned within 10 days. Accordingly, would you please return the check of the unsuccessful bidder. Yours very truly, ROBERT W. TASKER RWT:aa enc. CERTIFICATE OF TOWN CLERK I, JUDITH T. TERRY, the Town Clerk of the Town of Southold, Suffolk County, New York, HEREBY CERTIFY, a.s follows: That the annexed resolution was duly adopted by the Town Board of the Town of Southold at a meeting thereof held on the 22nd day of July, 1981. That within ten days after the adoption of the annexed resolution, I caused a notice thereof to be posted and published as required by law. Annexed hereto are affidavits of such posting and publication. That no petition signed and acknowledged by the electors of the Town of Southold requesting that said resolution be submitted to the electors of the Town of Southold for their approval or disapproval has been filed with the Southold Town Clerk within thirty days after the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Town of Southold this of August, 1981. Judith T. Terry, To Clerk (S E A L) 1 WHEREAS, the Town of Southold is the owner of certain real property located on the north side of New York Route 25 at Cutchogue in said Town, and more fully described in a certain deed dated June .4, 1970, and recorded in the Suffolk County Clerks Office in Liber 6755 of deeds at page 18, and WHEREAS, by resolution duly adopted by the Town Board, said real property was declared surplus property for the reasons set forth in said resolution, and WHEREAS, on July 10, 1981, sealed bids for the sale of said real property wer= received, pursuant to public advertisement therefor, and WHEREAS, Cutchogue Free Library submitted the highest bid in the amount of $55, 864. 00. NOW, THEREFORE., IT IS RESOLVED AS FOLLOWS: b 1 . That the bid of C:utchogUL� Prev Library in the aniould ul' $55, 864. 00 be and the same hereby is accepted. 2. That the Supervisor be and he hereby is authorized and directed to execute, on behalf of the Town; the contract of sale forming a part of the bid specifications, together with any and all other documents required to offecl the sale and conveyance of said real property. 3. That this resolution is adopted subject to a permissive referendum. 4. within tern ( 10) days after they adoption of this r•ersol"tion. the Town Clerk. in the sante rnanner• as provided for in the notice of a special election, shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof, which notice shall specify that this resolution was adopted subject to a permissive resolution. -2- I m5n U�_al N V ons se or in d and ne hereby is authorized election,shall post and publish �tlVaa � resolution, and and directed to execute,on be- a notice which shall set forth WHEREAS, the Town of WHEREAS,on July 10,1981, half of the Town, the contract. the date of the adoption of this (continued from previous page) Southold is the owner of cer- sealed bids for the sale of said of sale forming a part of the resolution and contain an ab- NOTICE OF ADOPTION OF tain real property located on real property were received, bid specifications, together stract of this resolution con- RESOLUTION,SUBJECT TO the north side of New York pursuant to public advertise- with any and all other docu- cisely stating the purpose and , A PERMISSIVE Route 25 at Cutchogue in said ment therefor, and ments required to effect the effect thereof, which notice REFERENDUM Town , and more fully de- WHEREAS,Cutchogue Free sale and conveyance ' NOTICE IS HEREBY scribed in a certain deed dated,r Library submitted the highest' real property. of said shall specify that this resolution was adopted subject to a GIVEN that at a meeting of June 4, 1970, and recorded in bid in the amount of$55,864.00. 3. That this resolution is permissive resolution. the Town Board of the Town of the Suffolk County Clerk's NOW, THEREFORE IT IS adopted subject to a rmis- P f P 1 Dated: Jul Southold,Suffolk County,New Office in Liber 6755 of deed at RESOLVED AS FOLLOWS: sive referendum. Y�, 1981 y 1.That the bid of Cutchogue 4.That within ten (10) days BY Order of the Town Board York, held on the-22nd da of Page 18, and July, 1981, the following reso- WHEREAS, by resolution Free Library in the amount of after the adoption of this of the Town of Southold, lution was adopted subject to a duly adopted by the Town $55,864.00 be and the same resolution, the Town Clerk in New York Board,said real property was hereb Judith T.Terry,Town Clerk permissive referendum, to P Pe Y y is accepted. the same manner as provided 1TJy30-3739 wit: declared surplus property for 2. That the Supervisor be for in the notice of a special rr nr —�- c.ni.s a amc.a, a nleWSPaP P newspaper 11D11SAea qui vicCaa va a. county; and that the notice, of which the oannexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . .Rne . . . . . .. . . . . . . . . . . . . . . . . weeks successively commencing on the . . . . . 3.Oth , , , , , , , , , , , , , , day of . . . . .sTti-Ty . ,,. . .1. Sworn to before me this �. . . . day of . . Ju7.y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HELEN K.OE VOi NOTARY PUBLIC, Stilte of New York No.4707878,Suffolk County Term Expires March 30, 19L-3 COUNTY OF SUFFOLK. F ss STATE OF NEW YORK. 11 Troy Gustayson. . . . . . . . . . . . being duly Sworn. li says that is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times I,II once in each week, for . .Rne . . . . . . . . . . • • • • • • • • • • • • weeks 30th !� successively commencing on the . . . . . . • • • I day of . . . . .JIAI Y , _. 'I . . . . . . . . . . . . . . . . . . . . . . . Sworn to before me this f`i't. . . day of . . . . .Ju].y. . . . . . . . 19. .89. j . U`4-r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i I HELEN K. DE VOE NOTARY PUBLIC, State of New York No.4707878,Suffolk County Term Expires March 30, 19L-3 p' NOTICE OF ADOPTION OF RESOLUTION,SUBJECT TO COUNTY OF SUFFOLK A PERMISSIVE ss: REFERENDUM STATE OF NEW YORK NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Patricia Wood, being duly sworn, says that she is the s Southold,Suffolk County,New York, held on the 22nd day of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, July, 1981, the following re- solution was adopted subject a public newspaper printed at Southold, in Suffolk County; to a permissive referendum,to and that the notice of which the annexed is a printed copy, -wit: '1 has been published in said Long Island Traveler-Watch- WHEREAS, the Town of Southold is the owner of man once each week for I ......................................:.weeks certain real. property located on the north side of New York successive) commencingon the Route 25 at Cutchogue in said y� Town, and more fully des- day . 19.�.�. r cribed in a certain deed dated j June 4, 1970,and recorded in the Suffolk County Clerk's .......... ...............�„ ..................... Office in Liber 6755 of deeds at' page 18, and WHEREAS, by resolution duly adopted by the Town Board, said real property was declared surplus property for Sworn to before me this ..................... day of the seasons set forth in said resolution, and . ......, WHEREAS, on July 10, 1981, sealed bids for the sale of said real property were received; pursuant to public advertisement therefor, and WHEREAS, Cutchogue Free ... ..... ............... Library submitted the highest Notary lic bid in the amount of $55,- 864•00• CLEMENT J.THOMPSON NOW, THEREFORE, IT IS NOTARY PUBLIC,State of NEw York RESOLVED AS FOLLOWS: No.52-9321725 1. That the bid of Cutch- NeWing in Suffolk County ogue Free Library in the Commission Expires M'rch,30,19.D amount of $55,864.00 be and the same hereby is accepted. 2. That the Supervisor be I, and he hereby is authorized `...a directed to execute,�on behalf of the Town, the con- tract of sale forming a part of the bid specifications,together with any and all other docu- ments required to effect the sale and conveyance of said real property. 3. That this resolution is adopted subject to a permis- sive referendum. 4. That within ten (10) days after the adoption of this resolution, the Town Clerk in the same manner as provided f for in the notice of a special election,shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof, which notice shall specify that this resolution was adopted subject to a permissive resolution. Dated: July 23, 1981 By Order of the y Town Board of the Town of Southold,New York Judith T.Terry,Town Clerk 1T,7/30/81 ii { L ! i i 1; STATE OF NEW YORK: � SS. j COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, !i I New York, being duly sworn, says that she is over the age of i . 1 .. twenty-one years; that on the 23rd day of July 19 81 she affixed a notice of which the annexed printed notice is a j ftrue copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit : - Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 lVotice of Adoption of Resolution (re: ' sale of certain real property' . . ':owned by the Town of Southold .and located on the north side of New , 'York Route 25, Cutchogue) subject to a permissive referendum. i � I 1 I# j I Judith T. Terr Southold Town Clerk I {' Sworn to be before me this 1 23rd day of • July 1981 Notary ]Public f { ELIZABETH ANN NEVILLE WTARY PUBLIC, State of New Yotk i No. 52.8125850. Suffolk Coqnty Term Expires March 30, 1 j 'i i !I i i' I i t OFFIC ORNEY f ROBERT W.TASKER D TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 August 14, 1981 Judy: A copy of the affidavit of publication and the affidavit of posting should be attached to each of the three Certificates. You will note we have already attached the resolution. On or after August 21st (30 days after July 22, 1981) you should sign all three Certificates, affix the Town seal to each, file one copy in your office and send two copies back to this office. If you have any questions, call me. _--,I X1510 *IFForff in said and ne hereby is authorized election,shall post and publish resolution,and and directed to execute,on be- a notice which shall set forth Nodcas WHEREAS, the Town of WHEREAS,on July 10,1981, half of the Town, the contract the date of the adoption of this (continued from previous page) Southold is the owner of cer- sealed bids for the sale of said of sale forming a part of the resolution and contain an ab- (continued real property located on real property were received, bid specifications, together stract of this resolution con- NOTICE OF ADOPTION OF the north side of New York pursuant to public advertise- with any and all other docu- cisely stating the purpose and RESOLUTION,SUBJECT TO Route 25 at Cutchogue in said ment therefor,and ments required to effect the effect thereof, which notice A PERMISSIVE Town , and more fully de- WHEREAS,Cutchogue Free sale and conveyance of said shall specify that this resolu- REFERENDUM scribed in a certain deed dated Library submitter]the highest real property.rt . tion was adopted subject to a NOTICE IS HEREBY June 4, 1970,and recorded in bid in the amount of$55,864.00. 3. That this resolution is permissive resolution. GIVEN that at a meeting of the Suffolk County Clerk's NOW, THEREFORE, IT IS adopted subject to a permis- Dated: July 23, 1981 the Town Board of the Town of Office in Liber 6755 of deed at IiESOLVED AS FOLLOWS: sive referendum. By Order of the Town Board Southold,Suffolk County,New a e 18,and 1.That the bid of Cutchogue 4.That within ten (10) days of the Town of Southold, York, held on the•22nd day of p g resolution Free Library in the amount of after the adoption of this New York July, 1981, the following reso- WHEREAS, by Judith T.Terry,Town Clerk lution was adopted subject to a duly adopted by the Town $55 ebb i0 cc and the same resolution, the Town.Clerk in y permissive referendum, to Board,said real property was hereby is accepted. the same manner f provided 1TJ 30 3739 wig: declared surplus property for 2. That the Supervisor be for in the notice of a special WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice. of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . .4rie . . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the . . . . . 3.Oth , , , , , , , , , , , , , , day of . . . . .cT111Y� .1. Sworn to before me this . . . day of . . . . .Jilly. . . . . . . . 19. .89. j . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HELEN K.DE VOL NOTARY PUBLIC. St,te of New York No.4707878,Suffolk County Term Expires March 30, 19L-3 i COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, J ss: i Troy Gustayson . being duly Sworn. says that . . he. . , is Printer and Publisher sof the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said Ij county; and that the notice, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in each week, for . .RnA . . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the . . . . . 3.Qth. . . . . . . . . . . . . . j day of . . . . . . . . . . . . . . . . . . . . . . . Sworn to before me this . . . . ' day of . . . . . . . . 19. .89. j !I . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HELEN K.DE VOE NOTARY PUBLIC,State of New York No,4707878, Suffolk olk County Term Expires March 30, 19L-3 E NOTICE OF ADOPTION OF RESOLUTION,SUBJECT TO COUNTY OF SUFFOLK A PERMISSIVE ss: REFERENDUM STATE OF NEW YORK NOTICE IS HEREBY GIVEN that'at a meeting of the Town Board of the Town of Patricia Wood, being duly sworn, says that she is the Southold,Suffolk County, New York, held on the 22nd day of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, July, 1981, the following re- a public newspaper printed at Southold, in Suffolk County; solution was adopted subject to apermissive referendum,to and that the notice of which the annexed is a printed copy, wit: has been published in said Long Island Traveler-Watch- WHEREAS, the Town of Southold is the owner of man once each week for ....................weeks . .................... certain real. property located on the north side of New York successively, commencing on the ...... Route 25 at Cutchogue in said Town, and more fully des- cribed in a certain deed dated day ................... 19...�.�. June 4, 1970, and recorded in the Suffolk County Clerk's .....................\. Office in Liber 6755 of deeds at page 18, and WHEREAS, by resolution duly adopted by the Town Board, said real property was declared surplus property for Sworn to before me this day of the seasons set forth in said resolution, and C+ ? `..... ,,� 19.E . WHEREAS, on July 10, 1981, sealed bids for the sale of said real property were received, pursuant to public advertisement therefor, and WHEREAS, Cutchogue Free ..... a. . ....... Library submitted the highest Notary lic bid in the amount of $55,- 864.00. CLEMENT S.ItICOAPS0ii NOW, THEREFORE, IT I3 NOTARY PUBLIC,State of New York RESOLVED AS FOLLOWS: 'No,52-9321725 1. That the bid of Cutch- Residing in Suffolk Ceu* ogue Free Library in the Commission Expires March 30,19.1) amount of $55,864.00 be and the same hereby is accepted. 2. That the Supervisor be and he -hereby is authorized ...a directed to execute, on behalf of the Town, the con- tract of sale forming a part of the bid specifications,together with any and all other docu- ments required to effect the sale and conveyance of said real property. 3. That this resolution is adopted subject to a permis- sive referendum. 4. That within ten (10) days after the adoption of this resolution, the Town Clerk in the same manner as provided for in the notice of a special election,shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof, which notice shall specify that this resolution was adopted subject to a permissive resolution. Dated: July 23, 1981 By Order of the Town Board of the Town of Southold,New York Judith T.Terry,Town Clerk 1T,7/30/81 I o C, K 41 ia•:y , QW JUDITH T.TERRY SUt'• © ` E TELEPHONE TOWN CLERK _ ! (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 3, 1981 Dr. Seamus Lynch Case' s Lane Cutchogue, New York 11935 Dear Dr. Lynch: Returned herewith is your $500. 00 Certified Check deposited with the Town of Southold with your bid on the former Justice Court property at Cutchogue, New York. The Cutchogue Free Library executed a Contract of Sale with the Town of Southold on July 30, 1981, Very truly yours, Judith T. Terry Southold Town Clerk k if I� I I it �i STATE OF NEW YORK: j SS: COUNTY OF SUFFOLK: i JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly. sworn, says that she is over the age of twenty-one years; that on the 23rd day of July 19 81 i� f she affixed a notice of which the annexed printed notice is a is true copy, in a proper and substantial manner, in a most public �1 place in the Town of Southold, Suffolk County, New York, to wit : - !. I I, Town Clerk Bulletin Board, Town Clerk Office, Plain Road, F 4i Southold, New York 11971 t 'Notice of of Adoption of Resolution (re: sale of certain real propertyl gowned by the Town of Southold and located on the north side of New i OYork Route 25, Cutchogue) subject to a permissive referendum. f� ! I� ! Judith T. Terr Southold Town Clerk j Sworn to be before me this 23rd day of July 19 81 zz!i ! Notary Public I M ELIZABETH ANN NEVILL2 NOTARY PUBLIC, State of New Yatk No. 52.8125850, Suffolk Co Term Expires March 30, 1 a ( i I! f 1 I NOTICE OF ADOPTION OF RESOLUTION, SUBJECT TO A PERMISSIVE :REFERENDUM NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 22nd day of July 1981, the following resolution was adopted subject to' a permissive referendum, to wit: WHEREAS, the Town of Southold is the owner of certain real property located on the north side of New York Route 25 at Cutchogue in said Town, and more fully described in a certain deed dated June 4, 1970, and recorded in the Suffolk County Clerk's Office in Liber 6755 of deeds at page 18, and WHEREAS, by resolution duly adopted by the Town-Board, said real property was declared surplus property for the reasons set forth in said resolution, and WHEREAS, on July 10, 1981, sealed bids for the sale of said real property were received, pursuant to public advertisement therefor, and WHEREAS, Cutchogue Free Library submitted the highest bid in the amount of $55p864. 00. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That the bid of Cutchogue Free Library in the amount.of $55, 864. 00 be and the same hereby is accepted. 2. That the Supervisor be and he hereby is authorized and directed to execute, on behalf of the Town, the contract of sale forming a part of the bid specifications, together with any and all other documents required to effect the sale and conveyance of said real property. 3. That this resolution is adopted subject to a permissive referendum. 4. That witf►in tun (10) days after the adoption of this resolution, the Town Clerk, in the same manner us provided for• in the notice of a special election, shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof, which notice shall specify that this resolution was adopted subject to a permissive resolution. Dated: July 23, 1981 By Order of the Town Board of-the Town of Southold, New York Judith T. Terry, Town Clerk PLEASE PUBLISH ONCE, JULY 30, 1981, AND FORWARD ONE-AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, SOUTHOLD TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971, Copies to the following on July 23, 1981: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk Bulletin Board -2- • • Te) Ale ' WHEREAS, the Town of Southold is the owner of certain real property located on the north side of New York Route 25 at Cutchogue in said Town, and more fully described in a certain deed dated June 4, 1970, and recorded in the Suffolk County 'i Clerk's Office in Liber 6755 of deeds at page 18, and WHEREAS, by resolution duly adopted by the Town Board, said real property was declared surplus property for the reasons set forth in said resolution, and WHEREAS, on July 10, 1981, sealed bids for the sale of said real property were received, pursuant to public advertisement therefor, and WHEREAS, Cutchogue Free Library submitted the highest bid in the amount of $55, 864. 00. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. That the bid of Cutchogue Free Library in the amount of $55, 864. 00 be and the same hereby is accepted. 2. That the Supervisor be and he hereby is authorized and directed to execute, on behalf of the Town, the contract of sale forming a part of the bid specifications, together with any and all other documents required to effect the sale and conveyance of said real property. 3. That this resolution is adopted subject to a permissive referendum. 1 4. That within ten (10) days after the adoption of this resolution, the Town Clerk, in the same manner as provided for in the notice of a special election, shall post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof, which notice shall specify that this resolution was adopted subject to a permissive resolution. "j -2- OIrF� F ," K � M TONY(J SO `T 6V' JUDITH T.TERRY S F. TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 24, 1981 Susan Rosenstreich, President Cutchogue Free Library Main Road Cutchogue, New York 11935 Dear Mrs. Rosenstreich: P The Town Board of the Town of Southold at a regular meeting held on July 22, 1981 accepted the bid of the Cutchogue Free Library in the amount of $55, 864 . 00 for the purchase of land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York. In accordance with the Specifications for the Sale, within five days from this notice the Cutchogue Free Library must execute a Contract of Sale and pay to the Town the sum of $5, 086.40 which represents 10% of the bid price and the $500. 00 bid deposit . The Contract of Sale is in the hands of Town Attorney Robert N. Tasker, 425 Main Street, Greenport (477-1400) . Please contact his office for an appointment to execute the necessary documents. Very truly yours, Judith T. Terry Southold Town Clerk PF-28 Rev. NYBTU Form 8041 (Rev. 11/78)—CONTRACT OF SALE 2/79 WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the.event of fire or casualty loss before the title closing. Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the day of , 19 81 BETWEEN TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at Main Road, Southold, New York Date: Parties: 3R1R hereinafter called "SELLER", who agrees to sell; and Address: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described as, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in tbx Cutehogue, Town of Southold, County of Suffolk and State of New York, described and bounded as follows: P'e'nises: BEGINNING at a concrete monument at the southwest corner of the premises hereby conveyed and running thence North 42 degrees 15 minutes West 100 feet along the property of George A. Gould Estate to a concrete monument; thence North 37 degrees 47 minutes East 50 feet along lands of Wickham Estate to another concrete monument; thence South 42 degrees 15 minutes East 100 feet along lands of Wickham Estate to another concrete monument; thence South 37 degrees 47 minutes West 50 feet along the Main South Highway to the point or place of BEGINNING. EXCEPTING AND RESERVING unto the New York Telephone Company, its successors and assigns, however, all the right, title and interest of the New York Telephone Company, its successors and assigns, in andto all ducts, conduits, manholes, cables, wires, poles, fixtures, appurtenances and facilities for telephone purposes which may presently be located in, on, over, under and through the streets adjoining the premises. ALSO RESERVING unto the New York Telephone Company, its successors and assigns, the permanent and perpetual rights, privilege, authority, easement and right of way to place, replace, construct, reconstruct, install, operate, use, repair, maintain, relocate and remove such ducts, conduits, manholes, cables, wires, poles, fixtures, appurtenances and facilities for telephone purposes as the New York Telephone Company, its successors and assigns, may from time to time deem necessary in, on, over, under and through the streets adjoining the premises. BEING and intended to be the same premises conveyed by the New York Telephone Company to the Town of Southold by deed dated June 4, 1970 and recorded in the Suffolk County Clerks Office on June 10, 1970 in Liber 6755 of deeds at page 18. Said premises is shown and designated on a map entitled "Map of Land surveyed for Town of Southold at Cutchogue, Town of Southold, New York" as surveyed by Van Tuyl & Son on June 3, 1970, a copy of which map is annexed hereto. Also known as: Street Address: Tax Map Designation: 1000-102-05-22 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Personal The sale also includes all fixtures and articles of personal property attached to or used in connection with the Property: PREMISES,unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S).They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers,washing machines, clothes dryers,garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are: Furniture and household furnishings, 1. (a) The purchase price is $ (Bid Price) Payable as follows: Purchase fCe' On the signing of this contract, by check subject to collection: $ (1010 of Bid Price) By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ BALANCE AT CLOSING: $ (Balance d Bid Price) is sate is suG'ect to an EXISTINGMURTGAGE,[1'ie Furc�ase'Nloney Note and Mortgage will also provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith.The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER.PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of$ for its preparation. (c) If any required payments are made on an EXISTING MORTGAGE between.n6w and CLOSING which reduce the unpaid principal amount of an'EXISTING MORTGAGE below the amount shown in paragraph 2,then the balance of the price payable at CLOSING will be adjusted.SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintainedthe purpose of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER,if it can be assigned,JA that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. I- 2. The PREMISES will be conveyed subject-t6 the continuing lien of"EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid princi amount of$ and interest at the rate of per cent per Existing year,presently payable in installments of $ , which include principal, Mortgage(s): interest, and with any balance of principal being due and payable on SELLER-hereby states that no EXISTING MORTGAGE contains any provision that permits the holder of the mo age to require its immediate payment in full or to change any other term thereof by reason of the fact of 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, Acceptable b. Good certified check of PURCHASER,or official check of any bank, savings bank, trust company,or savings Funds: and loan association having a banking office in the State of New York,payable to the order of SELLER,or to the order of PURCHASER and duly endorsed by PURCHASER(if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price,payable to SELLER at CLOSING,maybe by check of PURCHASER up to the amount of ($ )dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they "Subject to" are not violated by the buildings and improvements erected on the PREMISES. Provisions: b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Seller represents that said premises are located in a "B-1 General Business District" under the Southold Town Zoning Code and Seller will deliver at the title closing a Certificate of Occupancy from the Southold Town Building Inspector certifying thereto. Title 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company doing Company business in Suffolk County a member of The Approval: New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of r-. title policy, subject only t matters provided for in this contract. � r O O f � v MAP OF L-AND 1 .- -r.b Vj4 SURVEYED f CSR � 1 S+Oyu o TOWN OV SCaL. THOLD i -- t kau, idirr� y L• u 70W N OF Sc>tJ't HOf_D,f''•J�; t _ f U) ul 'T' y j a ~ 0i"_r 3 w� t r Gott• �d _ %/TGE 4ovo /267387 �. .-�uaYcx�+ee€� #r7`!'ire 1'`�-tSe �uQYcxntee • �,� �1, � �� _ :"�r►z+t��tt�tt�' cis suvv�+�ed �u�r� 3, �9To f WAN'::'T1.JYt�t so" l_i GeN Sid T LQ�i: S ox: Closing 6. "CLOSING" means thgsettlement of the obligations of SELLER P PURCHASER to each other under this Defined contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a And Bargain and Sale deed in proper statutory form for recording so as to transfer Form of full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated.The deed will Deed: contain a covenant by SELLER as required by Section 13 of the Lien Law. ` If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING(a)a resolution of its Board of Directors authorizing the sale and delivery of the deed,and(b)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient ' 4 to establish compliance with that section. 7. The deed shall be delivered upon the receipt of said payment at the office of Closing Robert W. Tasker, Town Attorney, 425 Main Street, Greenport, New York, at Dale and 10:00 A. M. thirty (30) days after the effective date of the Town Board Resolution Place: authorizing this sale or such time as is mutually agreed to by the parties hereto. Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). Streets and 9. This sale includes all of SELLER's ownership and rights,if any,in any land lying in the bed of any street or highway, Assignment of opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of Unpaid Awards: SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at. CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. Mortgagee's 1 e Certificate CLOSING signed by the holder of each EXISTING MORTGAGE,in form for recordin c e amount of the or Letter as to unpaid principal and interest, date of maturity, and rate of interest. Existing SELLER shall pay the fees for recording such cer ' e holder of a mortgage is a bank or other institution as Mortgages(s): defined in Section 274-a, Re w,it may, instead of the certificate,furnish an unqualified letter dated not more than ays before CLOSING containing the same information. SELLER hereby states that any G. Compliance with 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or State and requirements noted in or issued by any governmental department having authority as to lands,housing,buildings, Municipal fire,health and labor conditions affecting the PREMISES at the date hereof.The PREMISES shall be transferred free Department of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any Violations authorizations necessary to make the searches that could disclose these matters. and Orders: Omit if the Property is not in York prior to CLOSING and a able in y ER at CLOSING. This provision shall the City of New sig- - `*+tt� York: Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessment: annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. Apportionments: 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: ( le insurance . (d) Taxes,water charges and sewer rents,on the basis of the fiscal period for which assessed. (e) Fuel, if any. (f)-V$a}t-ekarges-,�* . If CLOSI NG shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. Water Meter 14. If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days Readings: before CLOSING date and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. Allowance Jor 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any Un/xiU Pixes,etc.: unpaid taxes,assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. Use of 16. Ifthere is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER Purchase Price tnay use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit to Pay money with the title insurance company employed by PURCHASER required by it to assure its discharge,but only if Encumbrances: the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AJJidavit as to 17. If a title examination discloses judgments,bankruptcies or other returns against persons having names the same Judgments, as or similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they Bankruptcies: are not against SELLER. Peed Transfer 18, At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Recording Taxes: recording of the deed,togetherwith any required tax return.PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. Purchaser's Lien: 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Seller's Inability 20. if SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability to convey and shall be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii)any limitation of appropriate additional searches made in accordance with this contract,and(iii)survey and survey inspection charges. Liability: Upon such refund and payment this contract shall be considered cancelled,and neither SELLER nor PURCHASER shall have any further rights against the other. Condition q 21. PURCi-IASER has inspected the buildings on the PREMISES and the personal property included in this sale Property: and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them"as is"and in their present condition sul,jeci io reasonable use,wear,tear,and natural deterioration between now and CLOSING.PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Entire 22. "All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It Agreement: cornplc tely expresses their full agreement. it has been entered into after full investigation, neither party relying upon any statements made by anyone else that are riot set forth in this contract. Changes Must Be 23. This contract may not be changed or cancelled except in writing.The contract shall also apply to and bind the in Writing: distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. Singular also 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may Means Plural: require it. In Presence Qf: � ��iill iam m — R. Pell, I I I Supervisor, Town of Southold Closing of title under the within contract is hereby adjourned to 19 ' at o'clock,at ;title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser PREMISES Section TITLE NO. Block Lot. i County or Town Street Numbered Address Recorded At Request of To: LEWFE T ITILE INSURANCEof ew N RETURN BY MAIL TO: Standard Form of New York Board of Title Undernrriters Distributed by "FE TITLE INSURANCE zip No. ,.� Company of New York i BID TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE PURCHASE OF LAND AND BUILDINGS The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Specifications", and this form of bid, and that he hereby proposes to purchase the land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York, and more fully described in the form of contract annexed to the aforesaid Specifications in accordance with the price named in this bid and in accordance with the Specifications and Notice to Bidders for the sum of Fifty five thousand eight hundred sixty four doll . ($ 55,864,00 ) Dollars. The undersigned hereby agrees to enter into a contract, in the form annexed to the Specifications within five (5) days from the date of written notice of acceptance of this ,bid. In the default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $500. 00 which is herewith deposited with the Town Board shall be paid to the Town,of Southold for the benefit of said Town as liquidated damages for such default; other- wise, the certified check deposited herewith will be returned to the under-. signed. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No r 1 attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certifi- cation, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as, well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: July 10,1981 Signature of'-Bi der Susan Rosenstreich, President Cutchogue Free Library Main Road, Cutchogue, N.Y. 11935 Business Address of Bidder -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICA- TION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT Cutchogue Free Library (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Purchase of land and buildings from the Town of Southold, Suffolk County, New York,- and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any iriaccu- racies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by Cutchogu.e Free Library corporation at a meeting'of its Board of Directors held on the 6th day of July , 1981. President Treasurer ad Acretary (Seal of the Anetin Corporation) NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids are sought and requested by the Town Board of the Town of Southold, Suffolk County, New York, for the sale of land and buildings of the Town (former Justice Court property at Cutchogue, New York) The sealed bids will be received by said Town Board at the Town Clerks Office, Southold Town Hall, Main Road, Southold, New York, until 3 :OOP• M. (E. S. T. ) on July lo, 1981, at which time and place they will be publicly opened and read aloud. Specifications containing the terms of sale can be examined and obtained at the Southold Town Clerks Office, Main Road, Southold, New York. Bids must be upon and in accordance with the form of bid prepared by the Town Attorney, which bids shall be made and will be received upon the following conditions: Each bid must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in the amount of Five Hundred ($500. 00) Dollars, conditioned that if the bid is accepted, the successful bidder will enter into a contract within five (5) days from the date of written notice of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, then the check deposited with the bid and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold as liquidated damages. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informality in-any�proposal should • 0 it be deemed in the best interest of the Town of Southold. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Real Property" and addressed to the Town Board, Town of Southold, Southold, New York. Dated: June 9, 1981 TOWN BOARD, TOWN OF SOUTHOL BY JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 25, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on June 23, 1981 : The Suffolk Times L. I . Traveler-Watchman Town Board Members Highway Superintendent Dean Town Clerk Bulletin Board -2- • M BID TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE PURCHASE OF LAND AND BUILDINGS The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Specifications", and this form of bid, and that he hereby proposes to purchase the land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York, and more fully described in the form of contract annexed to the aforesaid Specifications in accordance with the price named in this bid and in accordance with the Specifications and Notice to Bidders for the sum of ($ ) Dollars. The undersigned hereby agrees to enter into a contract, in the form annexed to the Specifications within five (5) days from the date ,of written notice of acceptance of this bid. In the default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $500. 00 which is herewith deposited with the Town Board shall be paid to the Town of Southold for the benefit of said Town as liquidated damages for such default; other- wise, the certified check deposited herewith will be returned to the under- signed. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certifi- cation, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder Business Address of Bidder -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICA- TION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Purchase of land and buildings from the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccu- racies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by corporation at a meeting of its Board of Directors held on the day of , 1981. Secretary (Seal of the Corporation) SPECIFICATIONS FOR THE SALE OF LAND AND BUILDINGS BY THE TOWN OF SOUTHOLD GENERAL INFORMATION 1. By these specifications, the Town Board of the Town of Southold (Town) requests bids for the sale of a parcel of land owned by the Town, located on the north side of Main Road (New York Route 25) at Cutchogue. Town of Southold, Suffolk County, New York, together with the buildings and improvements erected thereon. The parcel has an area of approximately 5, 000 square feet, is shown on the Suffolk County Tax Map as District 1000, Block 102, Section 05, Lot 22, and is more fully described in the form of contract hereunto annexed and made a part hereof. The property is zoned "B-1 General Business" under the Southold Town Zoning Code. 2. The sale shall be subject to a permissive referendum pursuant to the applicable provisions of the Town Law. TERMS OF SALE 1. The minimum bid shall be in an amount of not less than Fifty Thousand ($50, 000. 00) Dollars. Any bid submitted in an amount of less than $50, 000. 00 shall be deemed not to comply with the bidding requirements and shall be rejected. 2. The bidder whose bid is accepted by the Town Board shall be deemed the purchaser (subject to the taking effect of a resolution adopted by the Town Board, subject to a permissive referendum). In the event that the bidder whose bid is accepted by the Town Board shall fail to comply with the terms and conditions of these Specifications and the annexed contract, at the option of the Town Board, the property may be re-offered upon the same terms and conditions and such bidder will be held liable for any deficiency there may be between the sum for which the property may be sold upon the re-sale, or the Town Board may, at its option, retain the bid deposit as liquidated damages. 3. The bidder whose bid is accepted by the Town Board shall be required, within five days after written notice of such acceptance, to execute a contract of sale in the form annexed hereto at which time such bidder shall pay to the Town, by check subject to collection, a sum which together with the bid deposit shall equal ten percent (1076) of the bid price, 4. The Town Board reserves the right to reject any and all bids if it, in the exercise of its discretion, deems it in the interest of the Town to do so. The Town Board shall accept or reject bids within twenty (20) days after bids are opened. In the event that the Board rejects all bids, the bid deposits will be returned to the bidders within ten (10) days thereafter. The bid deposits of unsuccessful bidders will be returned within ten (10) days after the successful bidder has executed the contract of sale. 5. Interested bidders may inspect the premises during business hours by appointment arranged through the Town Clerk. Neither the Town, nor any of its officers, agents or employees have made and do not make any representations as to the physical condition of the premises, it being under- stood that the premises is being sold "AS IS". 6. All bids shall be upon the bid form prepared by the Town, shall be enclosed in a sealed envelope addressed to Judith T. Terry, Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971, and shall have marked on the envelope "Bid for Real Property". 7. Each bid shall be accompanied by a bank or certified check made payable to the Town of Southold in the amount of $500. 00. 8. All Bidders are advised that, pursuant to the provisions of the -2- Town Law, a conveyance by the Town of Southold of real property owned by it, may only be made by the Town.Board by the adoption of a resolution authorizing such conveyance, which resolution is subject to a permissive referendum. Accordingly, the acceptance of any bid by the Town Board shall be conditioned upon the adoption and taking effect of a resolution of the Town Board, subject to a permissive. referendum. -3- � r BID TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE PURCHASE OF LAND AND BUILDINGS The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Specifications", and this form of bid, and that he hereby proposes to purchase the land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York, and more fully described in the form of contract annexed to the aforesaid Specifications in accordance with the price named in this bid and in accordance with the Specifications and Notice to Bidders for the sum of f Qom/ R ($ �� Ute• ) Dollars. The undersigned hereby agrees to enter into a contract, in the form annexed to the Specifications within five (5) days from the date of written notice of acceptance of this .bid. In the default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $500. 00 which is herewith deposited with the Town Board shall be paid to the Town of Southold for the benefit of said Town as liquidated damages for such default; other- wise, the certified check deposited herewith will be returned to the under- signed. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certifi- cation, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder asL well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: July 9, 1981 k_j" Sire of $adder S amus Lynch Case's Lane Cutchogue, New York 11935 Business Address of Bidder -2- OFFIC ORNEY ROBERT W.TASKER T D TELEPHONE Town Attorney ,rjbht �v�0 (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 29, 1981 Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Sale of Justice Court Property at Cutahogue Dear Judy: I have drafted and enclose herewith a proposed resolution which determines that the Justice Court property at Cutchogue is no longer needed for Town use and, therefore, declared surplus property and authorizes the Town to sell the same upon what terms and conditions they deem proper. This resolution should be submitted to the Board for adoption. Yours very truly, a ROBERT W. TASKER RWT:aa enc. i STATE OF NEW YORK: I j SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, r. } New York, being duly sworn, says that she is over the age of i twenty-one years; that on the 23rd day of June 19 81 i i= she affixed a notice of which the annexed printed notice is a ii �i true copy, in a proper and substantial manner, in a most public I; place in the Town of Southold, Suffolk County, New York, to wit : - Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 I Notice to Bidders - Sale of land and buildings of the Town (former Justice Court property at Cutchogue, N.Y. ) i, Bid Opening - 3: 00 P.M. , July 10, 1981 1' I Judith T. Terry Southold Town Clerk i; I; Sworn to be before me this 23rd day of June 19 81 Notary Public i ELIZABETH ANN NEVILLE i NOTARY PUBLIC, State of New York ii No. 52.8125850, Suffolk Cou Term Expires March 30, 19,�'� f i I f s } f+f j I! � f� I i 4 i �I Legal NoticeopenedSouthold reserves the right NOTICE TO BIDDERS opened and read aloud.Sped- accepted, the successful bid- to reject any and all bids and fications containing the terms der will enter into a contract NOTICE IS HEREBY to waive anproposal should and all infor- of sale can be examined and within five(5) days from the • GIVEN that sealed bids are obtained at the Southold Town date of written notice of the mality in any sought and requested by the Clerk's Office, Main. Road, acceptance of the bid. it be deemed in the best Town Board of the Town of interest of the Town of South- Southold, New York. All deposits except that of Southold,Suffolk County,New old. York, for the sale of land and Bids must upon and in the successful bidder will be All bids must be signed and accordance with the form of returned. buildings of the Town (former enclosed in a sealed envelope Justice Court property at Cut- Attorney, which which ared by shall be bid,the Town p f the succeon the ssful budder plainly marked "Bid for Real chogue,New York) made and will be received fails to enter into a contract Property' and addressed to The sealed bids will bethe Town Board, Town of upon the following conditions: pursuant to the requirements received by said Town Board Southold,Southold,New York. at the Town Clerks Office Each bid must be oof the Town, then the check Dated: June 9 1981 anied by the deposit t off a a deposited with the bid and the Southold Town Hall, Main certified check made payable moneys standing to the credit TOWN BOARD, Road, Southold, New York, to the order of. the Town of of the same,shall be forfeited TOWN OF SOUTHOLD until 3:00 P.M.(E.S.T.)on Ju- Southold in the amount of Five to the Town of Southold as BY JUDITH T.TERRY ly 10, 1981, at which time and Hundred($500.00) Dollars, liquidated damages. TOWN CLERK place they will be publicly conditioned that if the bid is The Town Board of the Town 1TJ25-3716 copy, .has been published in the said Suffolk Weekly Times once in each week, for 011e. . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the . . . 2.5th . . . . . . . . . . . . . . . . . day of . . .June. . . . . . . . . . . . . $ . L/ . . . . . . . . . . . . . . . . Sworn to before me this . . . . . .� �!�! 1 day of . . . . . . . . . . . . (. . . . . . . . . . . . . . . . . . .. . . . . HELEN K. DE VOE NOTARY PUBLIC,Stste of New York No.4707878,Suffolk Count Term Expires March 30, 19 j COUNTY OF SUFFOLK. 1 STATE OF NEW YORK. J ss: Troy Gustayson I . . . . . . . . . . . . . being duly Sworn. says that . .ho. . . . is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said county; and that the notice. of which the annexed is a printed I� copy, has been published in the said Suffolk Weekly Times once in each week, for . . Orle. . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the . . . . . . . . . . . . . . . . . . . . day of . . .J?44P. . . . . . . . . . . . . 8 v . . . . . . . . . . . . . . . . . . . . . . I'I Swornto before me this . . . . . .�� t day of . . . . . . . . . . . . . . . . . . .. . .� . .. ... . . . .�`e-. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HELEN K. DE VOE NOTARY PUBLIC,State of New York No.470787$Suff@Ik County Term Expires March 30, 1911 ` � �_ NOTICE TO BIDDERS NOTICE IS HEREBY COUNTY OF SUFFOLK GIVEN that sealed bids are ss: sought and requested by the STATE OF NEW YORK Town Board of the Town of Southold,Suffolk County,New York, for the sale of land and buildings of the.Town(former Patricia Wood, being duly sworn, says that she is the Justice Court property at Cutchogue, New York). Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, The sealed bids will be a public newspaper printed at Southold, in, Suffolk County; received by said Town Board at the Town Clerk's Office, and that the notice of which the annexed is a printed copy, Southold Town Hall, Main has been published in said Long Island Traveler-Watch- Road, Southold, New York, until 3:00 P.M. (E.S.T.) on man once each week for .............. .........................weeks July 10, 1981, at which time and place they will be publicly successively, commencing on the ..... ..................... opened and read aloud. Speci- fications containing the terms d of . ... .�J .. .................... 19:� of sale can be examined and Q obtained at the Southold Town y �� G ....... Clerk's Office, Main Road, Southold, New York. Bids must be upon and in accordance with the form of bid prepared by the 'Town Attorney, which bids shall be ^� made and will be received Sworn to before me this ........- ................... day of ... upon the following conditions: 1 Each bid must be accom- panied by the deposit of a j certified check made payable to the order of the Town of Southold in the amount of Five Hundred ($500.00) Dollars, conditioned that if the bid is . accepted, the successful bid- Notary ublic der will enter into a contract within five (5) days from the � FH1 date of written notice of the THOMPSON acceptance of the bid. '4J1AilY PUBLIC,Site o New York ` •52-9321725 the successful bidder ill be ' baion E sits except that of Residing m S Abrffolk Cain' Aq returned.Manch Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Towr_, then the check deposited with the bid and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold as liquidated damages. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informality in any .proposal should it be deemed in the best interest of the Town of Southold. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Real Property" and addressed to the Town Board, Town of Southold,Southold,New York. Dated: June 9, 1981 . TOWN BOARD, TOWN OF SOUTHOLD JUDITH T.TERRY Town Clerk 1T,6/25/81(12) INFY�H.Y3'YldHSiNi�'F.TiIY S�iYrW L4GL. ' 'YTQi3'ildYm'iWo54YfifiSlOLi y41�4WaYtlG5g14Ytl d.'Y mY.hi al{ ILYSls�S 4uuWVuWi4u'141. n ...gs %hhmLx .ieuwY.vWu.i.Yuu��i�xl I uwi Yiuuli� i in � ii ii ilii � II. ii � I 11 _I. Mrs. Susan Rosenstreich - 3: 00 P.M. - July 7, 1981 h1il WHEREAS, on June 4, 1970, the Town of Southold acquired real property located on the north side of New York Route 25 at Cutchogue consisting of land and buildings and shown and designated on the Suffolk County Tax Map as District 1000, Section 102, Block 05, Lot 22, to be used for the purpose of providing temporary Town Justice Court facilities until such time as a new Town Hall was constructed with Justice Court facilities provided therein, and WHEREAS, the new Town Hall has now been constructed and completed at Southold with facilities therein for a Town Justice Court together with offices and other facilities required for proper operation of the Town Justice Court, and WHEREAS, the Town Justice Court together with offices and other necessary facilities has now been moved to the new Southold Town Hall at Southold, and WHEREAS, the aforesaid real property at Cutchogue is presently vacant and not required for Town purposes. NOW, THEREFORF6 IT IS RESOLVED AND DETERMINED that the real property owned by the Town of Southold and located on the north side of Route 25 at Cutchogue, New York is no longer needed or required for Town purposes and is accordingly declared surplus property, and IT IS FURTHER RESOLVED, that said surplus real property be sold pursuant to the applicable provisions of law, and upon such terms and conditions as the Town Board may deem just and proper: F ���FFOLKCD�k JUN 18191 o .a OFFIC RNEY TOM C" ROBERT W.TASKER T D TELEPHONE Town Attorney jot (516)477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 18, 1981 Mrs. Elizabeth Nevelle Deputy Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Sale of Justice Court Building at Cutchogue Dear Betty: At the last Town Board Meeting, the Town Board authorized the advertisement for bids for the sale of the Justice Building at Cutchogue. I have prepared and enclose herewith the bid documents consisting of the Form of Bid, Notice to Bidders, Specifications and Form of Contract. I believe that you should now proceed to publish the Notice of Bidders. You must insert the time and day when bids will be received (I would suggest that not less than 15 days from the date of publication be given for bids received), The Notice to Bidders should also be dated at the end thereof. You will note from the documents that each bidder must submit a certified check in the amount of $500. 00 with each bid. You will also note from the documents that the sale of this property by the Town is subject to the adoption of a Resolution which is subject to a permissive referendum. In this respect, when the Town Board has accepted bids, I will prepare a Resolution authorizing the sale, which resolution is subject to the permissive referendum. (the resolution becomes effective 30 days after its adoption if no petition calling for an election is filed) You will also note in the Specifications that the minimum acceptable bid is $50, 000. Mrs.. Elizabeth Nevelle -2- June 18, 1981 I would suggest that you photocopy several sets of the Specifications in order that they may be available to interested bidders. If you have any questions concerning this matter, please call me. Yours very truly, ROBERT W. TASKER RWT:aa encs.