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Parking Lot Acquisition
1 ELIZABETH A.NEVILLE,MMC /•4. y"4. ��� Town Hall,53095 Main Road TOWN CLERK ; • - P.O. Box 1179 . , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER � ;, ''�� .0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER IIS www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,.-/ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD . September 8, 2015 Town of Southold,New York $250,000 Bonds for Acquisition of a Parking Lot (Our File Designation: 2615/ ) Mr. Robert P. Smith Hawkins, Delafield& Wood, LLP 28 Liberty Street, 42°d Floor New York, NY 10005 Dear Mr. Smith: Enclosed find the following documents related to the above referenced bond. 1. Affidavit of Publication Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours (5/111,Liatt_ret Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney CERTIFICATE OF NO REFERENDUM I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $250,000 to finance said appropriation," was adopted May 1, 2015, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of 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 said Town this 15th day of June, 2015. .,, /jr orns2444..a& (SEAL) Town Clerk #12305 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy,'has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 18th day of June, 2015. erkt-67 Principal Clerk Sworn to before me this V " day of 2015. / CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK Na, 01 V061 05050 Qualitiod1 in Suffolk County lV 8ttphes February 28, 2016 is commenced within twenty days after the Street, Mattituck, New York (SCTM date of publication of the notice,or such ob- #1000-140-3-5),to be used for Town park- ' ligations were authonzed in violation of the ing purposes,at the estimated maximum provisions of the constitution. - cost of$250,000 - ELIZABETH A NEVILLE The-maximum amount of obligations Town Clerk authorized to be issued is$250,000. ____ BOND RESOLUTION -OF THE The period of probable usefulness is LEGAL NOTICE —TOWN OF SOUTHOLD,NEW YORK, ten(10)years. The resolution,a summary of which is ADOPTED MAY 1, 2015; -AUTHO- A complete copy of the bond resolu- , published herewith,has been adopted on RIZING THE ACQUISITION OF A tion summarized above shall be available the 1st day of May,2015,and an abstract PARKING LOT FOR TOWN PARK- for public inspection during normal busi- thereof has been published and posted as ING PURPOSES, -STATING THE ness hours at the office of the Town Clerk, ! required by law and the penod of time has ESTIMATED MAXIMUM COST at the Town Hall, 53095 Main Street, elapsed for the submission and filing of a THEREOF IS -$250,000; APPROPRI- Southold,New York. petition for a permissive referendum and a- ATING SAID AMOUNT-FOR SUCH Dated:May 1,2015 valid petition has not been submitted and PURPOSE, AND 'JAUTHORIZING - Southold,New York filed.The validity of the obligations autho- THE ISSUANCE OF BONDS IN THE - BY ORDER OF THE rized by such resolution may be hereafter PRINCIPAL AMOUNT OF$250,000 TO_ • TOWN BOARD OF THE contested only if such obligations were au- FINANCE SAID APPROPRIATION - - TOWN OF SOUTHOLD, • thorized for an object or purpose for which - The object or purpose for-which the' _ - COUNTY OF SUFFOLK, a the Town of Southold,in the County of Suf- bonds are authorized is the acquisition of -STATE OF NEW YORK folk,New York,is not authorized to expend a parking lot,consisting of approximately Elizabeth A.Neville,Town Clerk money or if the provisions of law which 0.75 acres,currently owned by the Mat- Town of Southold should'have been comphed with as of the tituck Park Distnct,located at 630 Pike 12305-1T 6/18 date of publication of this notice were not i substantially complied with,and an,action, suit or proceeding contesting such validity WILLIAM M.DUFFY SCOTT A.RUSSELL TOWN ATTORNEY 0°/ OF SO(//h— Supervisor bill.duffy@town.southold.ny.us o �� y® � h0al0 Town Hall Annex,54375 Route 25 STEPHEN F.KIELY P.O. Box 1179 ASSISTANT TOWN ATTORNEY Southold, New York 11971-0959 stephen.kiely@town.southold.ny.us ; G ; ; ; ;-4-- 4:1 - Y LORI M.HULSETelephone(631) 765-1939 � simile(631) 765-6639 ASSISTANT TOWN ATTORNEY `'lCo�NT�S�,I , Facsimile lori.hulse@town.southold.ny.us " 00°$ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED July 28, 2015 JUL 282015 Southold Town Clerk David B. Prokop, Esq. 131 Route 25A, Suite 2 Rocky Point, NY 11778-9098 RE: Mattituck Park District to Town of Southold Premises: 630 Pike Street, Mattituck, NY SCTM #1000-140-3-5 Dear Dave: Enclosed please find two (2) counterparts of the Purchase and Sale Agreement, which have been executed by Supervisor Russell, in connection with the above-referenced transaction. Kindly provide the undersigned with a fully executed, original Agreement when available. Please note that the Town Board has authorized the retention of John Ehlers to update the survey regarding the subject premises. If you have any questions regarding this matter, please do not hesitate to contact us. Very truly yours, 1-11 William M. Du Town Attorney WMD/Ik Enclosures '°°` cc: Elizabeth A. Neville, Town Clerk" PURCHASE AND SALE AGREEMENT PURCHASE AND SALE AGREEMENT (the "Agreement") made as of this_day of , 2015 by and between MATTITUCK PARK DISTRICT,having an address at 11280 Peconic Bay Blvd., Mattituck, New York, 11952 (hereinafter referred to as the "Seller") and THE TOWN OF SOUTHOLD, having an address at 53095 Main Road, Southold,New York (hereinafter referred to as the "Buyer"). 1. SALE OF PROPERTY Seller agrees to sell and convey and Buyer agrees to purchase, subject to the terms and conditions of this Agreement, all that certain piece, parcel or tract of land located in the Town of Southold, County of Suffolk and State of New York, vacant, in its as is condition, as more fully • described on Schedule "A" annexed hereto, and known as 630 Pike Street, Mattituck,New York 11952 (SCTM# 1000-140-3-5) together with all right, title and interest, if any, of the Seller in and to any land lying in the bed of any street,road or avenue open or proposed in front of or adjoining said premises to the centerline thereof(hereinafter collectively called the "Premises"). 2. PURCHASE PRICE The purchase price ("Purchase Price") for the Premises is TWO HUNDRED THIRTY THOUSAND AND 00/100 ($230,000.00) Dollars which shall be payable on the Closing Date by cash, bank check, drawn to the order of Seller or as Seller shall direct, on a bank which is a member of the New York Clearing House Association, or by federal fund wire transfer to an account or accounts designated in writing by Seller. 3. TITLE AND CONVEYANCE (a) On the Closing Date, Seller shall give and Buyer shall accept such title as any reputable title company doing business in New York State which shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. The Premises shall be conveyed by Bargain and Sale Deed, with covenant against Grantor's Acts (the "Deed") in proper form for recording, which shall be properly executed and acknowledged so as to convey to Buyer a fee simple title to the Premises such title to be free, clear and unencumbered subject only to the following covenants, easements, exceptions, agreements and encumbrances (collectively,the "Permitted Encumbrances"): 1 1. any state of facts which an accurate current survey of the Premises or a personal inspection would reveal, provided same does not render title unmarketable (variations, if any, between(i) tax lot lines and the record lines, (ii) fences and record lines and (iii) the legal description set forth on Schedule"A" annexed to this Agreement and the tax map description thereof, provided such variations are de minimis and do not render title to the Premises uninsurable at regular rates without the payment of additional premiums). 2. covenants, easements, conditions, restrictions, reservations, agreements and encumbrances of record; 3. such matters as the Buyer's title company shall be willing,without special premium, to omit from exceptions to coverage; 4. real estate taxes, water charges and sewer rents which are a lien but not yet due and payable, subject to proration and adjustment in accordance with the terms hereof; 5. any laws, rules, regulations, statutes or ordinances affecting the Premises, including, without limitation, those relating to zoning and land use; 6. any utility company rights, easements and franchises to maintain poles, lines, wires, cables,pipes, boxes and other fixtures and facilities in, over,under and upon the Premises; and 7. any installment not yet due and payable of assessments imposed after the date hereof and affecting the Premises or any portion thereof. 8. Temporary License Agreement with Charles Zahra and Jean T. Zahra dated February 22, 1986 and attached hereto as Schedule "B". (b) Title to the Premises shall be such as will be insured by any reputable title insurance company licensed to do business in the State of New York(the "Title Company")pursuant to the standard stipulations and conditions of the most current standard ALTA form of Owner's Title Insurance Policy in use in the State of New York, subject only to the matters set forth in subparagraph (a) above. (c) Unpaid franchise taxes of any corporation in the chain of title shall not constitute an objection to title,provided, that on closing of title, Seller makes such deposit or guarantee as might be reasonably required by the Title Company and the policy of title insurance issued by the Title Company insures against the collection thereof out of the Premises. 4. APPORTIONMENTS AND ADJUSTMENTS (a) The following apportionments shall be made between the parties at the Closing as of midnight of the day preceding the Closing Date: 2 (i) real estate taxes, water charges, sewer rents and vault charges, if any, on the basis of the fiscal period for which assessed, except that if there is a water meter on the Premises,then apportionment at the Closing shall be based on the last available reading, subject to adjustment after the Closing when the next reading is available. (ii) All other adjustments as are usual in a real estate closing in accordance with the customs and practice for title closings established by the Real Estate Board of New York, except if specifically set forth to the contrary. (b) If, on the Closing Date,the Premises or any part thereof is affected by any assessment which is payable in installments,then Seller shall be responsible for any installments that shall become due and payable prior to the Closing Date, and all unpaid installments of such assessment which become due and payable on or after the Closing Date shall be the obligation of the Buyer. 5. FINANCING CONTINGENCY Closing of title is subject to Buyer procuring financing through a municipal bond to cover the sales price and closing costs and if not obtained within ninety(90) days of the date of this Agreement,then Seller may elect to (i)terminate this Agreement or(ii) extend the fmancing contingency period for an additional time acceptable to Buyer. 6. ACCEPTABLE FUNDS All money payable under this contract, other than the purchase price, payable at Closing, shall be paid by: (a) Cash or uncertified check of Buyer, but not over$1,000.00; (b) Good official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon reasonable prior notice (by telephone or otherwise)to Buyer; (c) As otherwise agreed to in writing by Seller or Seller's attorney. 7. REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF BUYER (a) This Contract constitutes the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms and that the person signing the Agreement has been duly authorized by the Buyer to do so. (b) Neither the Buyer nor any of its affiliates,nor any of its affiliates' respective officers, directors, agents, partners, members, controlling entities and employees is a country, individual 3 or entity named on the Specifically Designated National and Blocked Persons (SDN) list issued by the Office of Foreign Asset Control of the Department of the Treasury of the United States of America. (c) To Buyer's knowledge, no action, suit, claim, investigation or proceeding, whether legal or administrative, or in mediation or arbitration, is pending or threatened, at law or in equity, against Buyer before or by any court or Federal, State, municipal or other governmental department, commission,board, bureau, agency or instrumentality, which would prevent Buyer from performing its obligations pursuant to this Contract, and there are no judgments, decrees or orders entered on a suit or proceeding against Buyer, an adverse decision in which might, or which judgment, decree or order does, adversely affect Buyer's ability to perform its obligations pursuant to, or Seller's rights under,this Contract, or which seeks to restrain,prohibit, invalidate, set aside, rescind,prevent or make unlawful this Contract, the carrying out of this Contract or the transactions contemplated hereby. (d) To Buyer's knowledge,the execution and delivery of this Contract and the performance by Buyer of its obligations hereunder do not and will not conflict with or violate any law, rule, judgment, regulation, order, writ, injunction or decree of any court or governmental or quasi • - governmental entity with jurisdiction over Buyer(including,without limitation,the United States of America,the State of New York or any political subdivision of either of the foregoing), or any decision or ruling of any arbitrator to which Buyer is a party or by which Buyer is bound or affected. (e) SUBJECT TO ITS DUE DILIGENCE AS SET FORTH HEREIN BUYER IS PURCHASING THE PREMISES "AS IS" AND WITH ALL FAULTS. BUYER SHALL HAVE NO RECOURSE WHATSOEVER AS AGAINST SELLER HEREUNDER(OR ANY AFFILIATE THEREOF), IN EITHER SELLER'S INDIVIDUAL AND/OR REPRESENTATIVE CAPACITY, OR SELLER'S AGENTS,ACCOUNTANTS, ATTORNEYS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS (collectively, "Seller's Representatives"). - (f) Seller shall have no responsibility whatsoever for any defects in the physical condition of the Premises (or any portion thereof) (collectively, "Defects"). Further, Seller shall have no responsibility whatsoever for any condition at, on, under or within the Premises which shall constitute a violation of any laws, municipal ordinances, regulations, orders or requirements of any of the department of buildings, fire, labor and health or other Federal, state, county, municipal or other governmental or quasi-governmental agency, department, commission or bureau having jurisdiction over the Premises. In the event that any governmental certificates or approvals are required by any Federal, State, county or local governmental or municipal authority, or agency, before the Premises may be transferred by Seller to Buyer, or used or occupied by Buyer, Buyer, at Buyer's sole expense, shall have the obligation to secure such certificates and approvals, and Buyer shall be responsible for all costs incidental thereto (except with respect to any certificates required as conditions precedent to the Seller's right or authority to transfer title,including any required estate tax releases). Buyer agrees to indemnify and hold Seller, and Seller's Representatives,harmless with respect to any such costs or expenses,which 4 indemnification shall include any legal fees, court costs and any liabilities of any nature whatsoever arising in connection with this indemnity. (g) (1) Neither Seller, nor Seller's Representatives, has made any verbal or written representations or warranties whatsoever with respect to the physical condition or operation of the Premises, any Environmental Condition(as defined below) at, on,under or within the Premises, the revenues and expenses generated by and associated with the Premises, the zoning, building and other governmental, municipal or other laws, regulations, ordinances and rules applicable thereto, or the compliance by Seller or the Premises therewith, (2) Buyer has not relied, nor will it rely, on any such representations made or to be made by Seller, or by Seller's Representatives, and(3) Buyer acknowledges that no other or further representations or warranties have been made by Seller, or Seller's Representatives with respect to the Premises nor the subject hereof. Buyer expressly acknowledges that neither Seller, nor any of Seller's Representatives,has made any oral or written representations or warranties, whether expressed or implied, by operation of law or otherwise,with respect to the Premises or any due diligence materials or any statements or information contained therein or related thereto. Buyer further acknowledges that all materials relating to the Premises which may have been provided by or on behalf of Seller have been provided without any warranty or representation, expressed or implied, as to their content, suitability for any purpose, accuracy, truthfulness or completeness, and Buyer shall not have any recourse against Seller or Seller's Representatives, or the preparers of any such information, in the event of any errors therein or omissions therefrom. Buyer expressly acknowledges that(i) some of the information and materials available with respect to the Premises are dated, (ii) circumstances or the state of facts reflected in such information and materials may have changed subsequent to the preparation of such information and materials, and(iii)Buyer has had, or shall have in accordance with the terms hereof,the opportunity to verify independently any information it deems relevant. (h) Buyer is taking title to the Premises without any recourse whatsoever against Seller, and/or Seller's Representatives, in connection with any Defects at, on, under or within the Premises, any Environmental Condition(as defined below) at, on, under or within the Premises, and any violation and/or other condition or fact with respect to the Premises, and Buyer hereby waives any and all claims, actions or rights of indemnification, contribution or other rights it may have (now or in the future) against Seller, and Seller's Representatives, for any and all liabilities, losses, damages, claims, fines,penalties, cross-complaints, costs and expenses (including, without limitation, actual attorneys'fees and any clean-up, remediation or monitoring costs or claims asserted by any individual or entity) arising out of, incident to, or in any way relating to (i) any Defects at, on, under or within the Premises, (ii) any Environmental Condition at, on, under or within the Premises, and(iii) any violation or other condition or fact with respect to the Premises. (i) As used in this Contract, the term "Environmental Condition" means any condition respecting the Premises of any nature, including, without limitation, the existence of any hazardous materials or substances, and other environmental conditions and/or violations of Environmental Laws (as defined below), at, on,under or within the Premises, or the migration of hazardous materials or substances from the Premises in, on or under any adjacent property. As 5 used in this Contract, the term "hazardous materials or substances" means (i) hazardous wastes, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances defined as "hazardous wastes," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended 42 U.S.C. §960 I et seq.; the Toxic Substance Control Act, 15 U.S.C. §2601 et seq.;the Hazardous Materials Transportation Act, 49 U.S.C. §1802;the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; the Clean Water Act, 33 U.S.C. §1251 et seq.; the Safe Water Drinking Act, 42 U.S.C. §300f et seq.; the Clean Air Act 42, U.S.C. §7401 et seq.; all other laws, rules, regulations and policies concerning environmental matters and affecting or ' relating to the Premises; and in any permits, licenses, approvals,plans,rules,regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar Federal, state or local laws, regulations,rules or_ordinances now or hereafter in effect relating to environmental matters (collectively, the "Environmental Laws"); and (ii) any -- other substances, constituents or wastes subject to any applicable Federal, state or local law, regulation or ordinance, including any Environmental Law, now or hereafter in effect, including, but not limited to,petroleum, refined petroleum products, waste oil, waste aviation or motor vehicle fuel and asbestos. (i) All of the representations contained in this Paragraph(including subparagraphs (a) through (i) inclusive) shall be true as of the date of Closing, and shall survive the Closing and the delivery of the Deed hereunder. 8. REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF SELLER Seller expressly represents and warrants to Buyer as follows: (a) This Contract constitutes the legal,valid and binding obligation of Seller, enforceable against Seller in accordance with its terms. Seller has taken and shall take all necessary action to authorize and approve the execution and delivery of this Contract, and the consummation of the transactions contemplated by this Contract. (b) To Seller's knowledge,no action, suit, claim, investigation or proceeding, whether legal or administrative, or in mediation or arbitration, is pending or threatened, at law or in equity, against Seller before or by any court or Federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, which would prevent Seller from performing its obligations pursuant to this Contract. (c) To Seller's knowledge,the execution and delivery of this Contract and the performance by Seller of its obligations hereunder do not and will not conflict with or violate any law, rule, judgment, regulation, order, writ, injunction or decree of any court or governmental or quasi- governmental entity with jurisdiction over Seller or any decision or ruling of any arbitrator to which Seller is a party or by which Seller is bound or affected. 6 • 9. NO DUTY TO REPAIR It is understood and agreed that Seller is under no obligation or duty to alter or change, or do anything towards the improvement or repair of the Premises (or any portion thereof). 10. DUE DILIGENCE This Contract of Sale is subject to the Buyer conducting a detailed due diligence examination of the feasibility of the Premises and its use including an engineer's inspection and a Phase I test commencing on the date that the within Contract duly executed is received by the Buyer's attorney. In the event that the Buyer conducts any inspection or test of the Premises, Buyer will restore the property and Premises after completion to the condition that it existed prior to the conducting of such inspection or test and will provide evidence of liability insurance in the amount of ONE MILLION and 00/100 ($1,000,000.00) DOLLARS prior to the commencement of any such inspection or test. Seller shall cooperate with the reasonable requests of the Buyer. Buyer indemnifies and agrees to defend and hold Seller harmless from any loss, cost(including, without limitation, reasonable attorneys' fees), claim or damage caused by the inspection or test of the Premises by Buyer, its agents, consultants or representatives. In the event the Buyer cancels this Contract, all materials and documents provided to the Buyer shall be returned forthwith to the Seller together with any reports, documents or the like relating to the within Premises or its use. In the event the Buyer notifies the Seller and Seller's counsel that it is not satisfied with its due diligence, then provided such notice is given to the Seller and Seller's attorney on or prior to forty-five(45) days after Buyer's attorney's receipt of a fully executed Contract of Sale,then this Contract shall be cancelled. Thereupon the liabilities of the parties shall terminate except as otherwise set forth herein. In the event the aforesaid notice of cancellation is not timely received, this Contract shall not be conditioned on any results of findings discoverable by a due diligence inspection and this clause shall be deleted and removed. Seller shall have the option to remediate any issues shown in the Phase I report prior to Buyer cancelling this Contract. 11. DAMAGE AND DESTRUCTION: CONDEMNATION The provisions of Section 5-1311 of the General Obligations Law of the State of New York shall govern risk of loss in the case of damage, destruction or condemnation. The foregoing notwithstanding, in the event of condemnation, Buyer shall nonetheless have the right to thereupon consummate the sale of the Premises contemplated under this Contract at Closing, and, upon Closing, Seller shall assign any condemnation award (or its right to receive such award)to Buyer. 7 12. CLOSING The conveyance of title to the Premises (the "Closing") shall take place on a mutually agreed date and time within fifteen(15) days of receipt by each party of evidence of satisfactory compliance with all conditions for Closing as set forth in this Agreement. 13. OBJECTIONS TO TITLE: FAILURE OF SELLER OR BUYER TO PERFORM (a) Promptly after the execution hereof, Buyer, at its sole cost, shall make application to the Title Company for its commitment to insure the Buyer's title to the Premises subject only to those matters set forth in Article 3 of this Agreement. Buyer shall cause the Title Company to send a title report or certificate of title to Seller's attorneys simultaneously with the delivery of same to Buyer or its attorneys. (b) If at the date set for the Settlement Seller is unable to convey to the Buyer title to the Premises subject to and in accordance with the provisions of this Agreement or is unable to fulfill any condition precedent to Buyer's obligations under this Agreement or if any representation by Seller hereunder shall not be true and correct in all material respects required to be true at closing, Seller shall be entitled, upon written notice delivered to Buyer at or prior to such date, to a reasonable adjournment of no more than sixty(60) days to enable Seller to convey such title or fulfill any such condition under this Agreement. If Seller does not elect to adjourn the Settlement, or if at the adjourned date Seller is unable to convey title in accordance with the provisions of this Agreement, then either(i) Buyer may terminate this Agreement by written notice delivered at or prior to the date originally fixed for Settlement or the adjourned date, whereupon this Agreement shall terminate and neither party shall have any obligations of any nature to the other hereunder or otherwise except that(a)matters that are expressly provided herein to survive the termination of this Agreement shall survive, and Seller shall pay the survey charges incurred by Buyer, or(ii) Buyer may elect, as permitted by Section 13.03,to take such title as Seller is able to convey. This Agreement shall not be deemed to require Seller(1)to institute any legal action or proceeding to remove any defects in or objections to title or to fulfill any condition of the performance of this Agreement or(2)to expend any moneys to remove any defects or objections to title except that Seller shall be obligated to satisfy mortgages and other liquidated liens. (c) If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase to pay or discharge them,provided Seller shall simultaneously deliver to Buyer at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record,together with the cost of recording of filing said instruments. As an alternative Seller may deposit sufficient monies with the title insurance company employed by Buyer acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Buyer's title clear of the matters or insure against their enforcement out of the Premises and will insure Buyer's Institutional Lender 8 • clear of such matters. Upon reasonable prior notice (by telephone or otherwise), Buyer shall provide separate certified or official bank checks as requested to assist in clearing up these matters. (d) If the Premises shall, at the time of Closing, be subject to any liens, such as for judgments or transfer, franchise, license or other similar taxes, or any encumbrances or other title exceptions which would be grounds for Buyer to reject title hereunder, the same shall not be deemed an objection to title provided that, at the time of Closing,the Title Company will issue or bind itself to issue a policy which will insure Buyer against collection thereof from or enforcement thereof against the Premises for a premium computed at regular rates. The existence of any such liens or other defects at the Closing shall not be deemed defects in or objections to title if Seller shall deliver at the Closing instruments in form sufficient to satisfy the same. 14. CLOSING COSTS Seller shall pay the New York State Real Estate Transfer Tax and the costs to record any documents necessary for Seller to convey clear title. Buyer shall pay the costs of examination of title and any owner's policy of title insurance to be issued insuring Buyer's title to the Premises, as well as all other title charges and all other costs or expenses incident to execution or recordation of documents required in order to transfer title to the Premises and record any document given in connection with the conveyance 15. NOTICES (a) All notices, demands, requests or other communications (collectively, "Notices")required to be given or which may be given hereunder shall be in writing and shall be sent by (a) certified or registered mail,return receipt requested, postage prepaid, or(b) national prepaid overnight delivery service, or(c)telecopy or other facsimile transmissions (followed with hard copy sent by national prepaid overnight delivery service), or(d)personal delivery with receipt acknowledged in writing, directed as follows: if to Seller: • Mattituck Park District Attn: David B. Prokop, Esq. 131 Route 25A, Suite 2 Rocky Point,New York 11778-9098 if to Buyer: William M. Duffy, Esq., Town Attorney Town of Southold P.O. Box 1179 Southold,NY 11971-0959 9 • (b) Any Notice so sent by certified or registered mail shall be deemed given on the date of receipt or refusal as indicated on the return receipt. Any Notice sent by telecopy or other facsimile transmission shall he deemed given when sent. All other Notices shall be deemed given when actually received or refusal by the party to whom the same is directed. A Notice may be given either by a party or by such party's attorney. Seller and Buyer may designate, by not less than five (5)business days' notice given to the other in accordance with the terms of this paragraph, additional or substituted parties to whom Notices should be sent hereunder. (c) Any notice may be given on behalf of any party by its counsel. Notices given in the manner aforesaid shall be deemed sufficiently served or given for all purposes under this Agreement upon the earliest of(i) actual receipt or refusal by the addressee, or(ii)three (3) business days following the date such notices, demands or requests shall be deposited in any Post Office, or branch Post Office regularly maintained by the United States Government, or (iii) one (1) business day after delivered to the nationally recognized overnight courier service, as the case may be. 16. SUBMISSION OF CONTRACT The submission of this Contract to Buyer shall not, in any manner, obligate Seller. This Contract shall not bind Seller until executed by Seller and Buyer and one executed original has been returned to Buyer's attorney. 17. ACCEPTANCE OF DEED The acceptance of the Deed by Buyer shall be deemed to be full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Contract or otherwise and shall further be deemed an acknowledgment by Buyer that all pre-closing investigations and due diligence matters deemed necessary by Buyer have been completed to the satisfaction of Buyer. 18. DEFAULT (a) If Buyer shall default in the payment of the purchase price, or if Buyer shall otherwise default in the performance of any of the other terms and provisions of this Contract on the part of Buyer to be performed, Seller shall have the right to specific performance of Buyer's obligations hereunder. (b) Anything in this Contract to the contrary notwithstanding, if Seller defaults hereunder for any reason, other than Seller's willful default or refusal to close, in lieu of prosecuting an action for damages or proceeding with any other legal course of conduct,the right to bring such actions or proceedings being expressly and voluntarily waived by Buyer following and upon advice of its counsel, Buyer, to the extent legally permissible, shall have the right to seek to obtain specific performance of Seller's obligations hereunder,provided that any action for specific performance shall be commenced within fifteen (15) days after Seller's default. It is understood and agreed by the parties hereto that the liability hereunder of Seller and each of its advisors, attorneys and 10 agents, as the case may be, for any relief shall be limited to specific performance of the Seller's obligations hereunder. Neither Seller nor any of its advisors, attorneys, agents or Seller's Representatives, shall have any personal liability or obligation hereunder and no other property or assets of Seller shall be subject to levy, execution or other enforcement procedure for the satisfaction of Buyer's claims or any judgments or orders against Seller. 19. WAIVER OF TRIAL BY JURY, ETC. SELLER AND BUYER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO THIS CONTRACT. 20. ASSIGNMENT This Agreement shall not be assigned or otherwise transferred by either party under any circumstances. 21. CONTINGENCY Closing of title is subject to the Seller procuring New York State legislative approval for this transaction and if not obtained within ninety(90) days of the date of this Agreement,then the Seller shall have the option to (i) extend the period for an additional reasonable period of time to permit the legislation to be formerly adopted when the legislature reconvenes after its 2015 extended recess which time period is acceptable to Buyer or(ii)terminate this Agreement. Closing of title is subject to the approval by referendum for this transaction by the residents of the Mattituck Park District. If the referendum does not pass on the first attempt,then at the discretion of the Seller, the Seller may either(i)terminate this Agreement or(ii) schedule a second referendum and if the second referendum fails; then this Agreement may be terminated by either party. 22. MISCELLANEOUS PROVISIONS (a) This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein, and all prior agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived,modified, amended, discharged, or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. (b) This Agreement shall be governed by, and construed in accordance with,the laws of the State of New York in all respects including the validity, interpretation and performance thereof and without giving effect to principles of conflict of laws. 11 • (c) The captions in this agreement are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Agreement. (d) This Agreement shall be binding upon and shall inure to the benefit of the successors and • permitted assigns of the parties. (e) Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full business day. (f) This Agreement may be executed in any number of counterparts and by facsimile or portable document format(PDF), each of which shall be deemed an original and all of which constitute one and the same instrument. (g) No waiver by either party of any failure or refusal by the other party to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. (h) Whenever Buyer's obligations are subject to a condition, Seller shall have no implied obligation to incur expense or liability, actual or possible, to enable such condition to be met. (i) The calculation of all time periods herein shall run from the date that Buyer's attorney receives a fully executed original of this Contract of Sale. (j) The submission of this contract for examination and execution by the Buyer does not constitute an offer, option or reservation nor shall the conduct of the parties constitute the same. This contract shall become effective as such only upon the actual execution thereof by the Seller and delivery of a fully executed copy to Buyer(the "effective date"), following the execution by the Buyer and delivery of the said executed agreements to the attorney for the Seller. Prior thereto, Sellers shall have the absolute right to contract with any other person for the sale of the Premises. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. SELLER: MATTITUCK PARK DISTRICT By: Gerard Goehringer, Co-Chairperson By: Michael Ryan, Co-Chairperson BUYER: TOWN OF SOUTHOLD By: .64er,4.4.40.-4.:. Scott A:Russell, Supervisor 13 SCHEDULE "A" ALL that certain plot,piece or parcel of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a point on the southerly line of Pike Street at the northwesterly corner of the premises herein described and running thence along said southerly line of Pike Street,North 63 degrees 55 minutes 40 seconds E. 127.0 feet to land of now or formerly of John R.Monahan; thence along said land now or formerly of John R.Monahan,South 25 degrees 52 minutes 20 seconds 1.201.67 feet to land now or formerly of Conrad Grabie;thence along said land now or formerly of Conrad Grabie,S.67 degrees 37 minutes 40 seconds W.22.0 feet to the land now or formerly of Louis Dolan;thence along said land now or formerly of Louis Dohm two courses,as follows:(1)N.26 degrees 37 minutes 20 seconds W. 19.1 feet;thence(2)S.61 degrees 53 seconds 3Q seconds W.84.5 feet to the land now or formerly pf William Wickham;thence along said land now or formerly of William Wickem and land now or formerly of Elberta Reeve,S.76 degrees 3 minutes 10 seconds W.75 feet to land now or formerly of Kelsey;thence along said land now or formerly of Kelsey,along land now or formerly of Lutz&Long,N.21 degrees 28 minutes 20 seconds W.88,9 feet to land now or formerly of William B.Reeve;thence along the land now or formerly of William B.Reeve two courses,as follows:(1)N.63 degrees 55 minutes 40 seconds E.40.0 feet;thence(2)N.21 degrees 28 minutes 20 seconds W.80.0 feet to the point or place of beginning. SCHEDULE "B" AGREEMENT AGREEMENT made this- 774.' -clay-Of-Febbliary, 1986j bettleen`RiiE- ------•---.- MATTI'TU3j PARK DISTRICT, a park district of the State of New York with - office and principal place of business at no# Main Road, Mattituck, New York, (hereinafter "The District"), and CHAREES ZAMA, and JEAN T. ZAMA, residing at 1830 Pike Street, Mattituck, New York, (hereinafter Zahra), WHEREAS, Zahra has renovated a pre-existing building adjoining the District's property at Pike Street, Mattituck, New York/ WHEREAS, Zahra would like to expand the existing sanitary . system for said building, but has inadequate space on his property to install same, and WHPEAS, in order to improve the District, the District is agreeable to grant Zahra a taporary easement to install such a system on its property, NOW THEREFORE., in consideration of the agreements herein and other good and valuable consideration, it is agreed: 1. The District hereby grants Zebra a temporary license to install and maintain an underground septic tank, cesspool and ac000 anyincg pipes (hereinafter "the sanitary system") on property of the District in an area as shown on the attached survey map. 2. Zahra agrees to install the sanitary system over a Weekend and within a period not to exceed three (3) days, with as little disruption to the area as possible. During installation, Zahra agrees to cause the construction area to be blocked off and to take other steps to avoid injury to person or property. 3. Zahra agrees within said three (3) day period to cover -the—Site of instaliation with a b ue-stone blend to permit- safe use-6f7 --- the parking area by the general public, and to provide an asphalt surface on the area of construction on or before May 31st, 1986. All expenses of construction and installation and repair to the area shall be at Zahra's expense. By May 31st, 1986, the parking area within the license area shall be returned to the same or better condition as at the commencement of the agreement. 4. Prior to coOmencement of work, Zahra will provide a certificate of liability insurance in the amount of One Million ($ 1,000,000.00) Dollars, naming the District and the Town of Southold, the additional insureds. Zahra will indemnify and hold harmless the District and the Town for any liability arising by virtue or its installation ai-d maintenance of such sanitary system, and in addition agrees to keep in force during the term of the license for the benefit of the District and the Ryan, general liability policies of insurance in standard form, protecting the District and Town against any liability whatsoever occasioned by accident or disaster on or about the area of the sanitary system. Such policies are to be written by good and solvent insurance companies satisfactory to the lessor, in the amount of One Million Dollars ($ 1,000,000.00) in respect to any one accident and in the amount of one Million Dollars ($ 1,000,000.00) in respect to injuries to any one person. Zahra shall deposit with the District certificates of renewal for such insurance with ten (10) drays prior to expiration of such policies.. Y ' • N 5. Zahra shall pay the District the stun of TWD Hundred Fifty ($ 250.00) -Dollars-per•year,]payable'in advance`on March 1St-6f each year during the term of this license until terminated. 6. This agreatent is subject to provisions of the lease between the Mattituck Park District and the Town of Southold for parking purposes, dated December 27, 1.976. 7. This agreement is contingent upon Zahra obtaining the consent of the Town of Southold to this agreement. WITNESS, the hands and seals of the said parties, the day and year first above written. IN PRESENCE OF MATSITUCK 1,RK 7,74/...______ BY: �1_---1/" . . Charles Z Southold Town Board - Letter Board Meeting of June 16, 2015 RESOLUTION 2015-571 Item # 5.38 ADOPTED DOC ID: 10948 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-571 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 16,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Contract of Sale with the Mattituck Park District for the purchase of the Pike Street parking lot, SCTM#140-3-5, subject to the approval of the Town Attorney. eaia<zio €4,4:0a, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 17, 2015 Page 55 /,/1#,�'�ffOL4° .` ELIZABETH A.NEVILLE,MMC �' ®�' ��� Town Hall,53095 Main Road ' � Q P.O.Box 1179 TOWN CLERK � ® � �. ` �� �; � To € r Southold,New York 11971 REGISTRAR OF VITAL STATISTICS °°® � - ,. Fax(631)765-6145 MARRIAGE OFFICER '.. x� '$ �� _ �, �� � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 41 0 *00iwww.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,�,�,.•'� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2015 Town of Southold,New York $250,000 Bonds for Acquisition of a Parking Lot (Our File Designation: 2615/ ) Mr. Robert P. Smith Hawkins, Delafield & Wood, LLP One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed find the following documents related to the above referenced bond. 1. Affidavit of Publication 2. Notice and Summary of the Bond resolution, published June 18th in the Suffolk Times 3. Affidavit of Posting 4. Certificate of No Referendum Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney #12224 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 7th day of May, 2015. IOW 'Wa.,Le--"YN---- Principal Clerk Sworn to before me this \ as day of 2015. PUBLIC NOTICE T TOWN OF SOUTHOLD, • NEW YORK • 0 PLEASE TAKE NOTICE that on May 1,2015,the Town Boardofthe Town of Southold,m the County of Suffolk,New I — York,adopted a bond resolution entitled. CHRISTINA V®LIIVSKI "Bond Resolution of the Town of NOTARY PUBLIC-STALE OF NW YORK Southold,New York,adopted May 1,2015, ", No.O. O 1 VB 1 Q6 0 0 - authorizing the acquisition of a parking lot for Town parking purposes,stating the es- Qualified in Suffolk County timated maximum cost thereof is$250,000, My Commission Exn) F® bPttafy$8, 2016 appropriating said amount for such pur- pose,and authorizing the issuance of bonds , I in the principal amount of$250,000 to fi- 1 nance said appropnahon," . an abstract of-which bond resolution 1 I concisely stating the purpose and effect • thereof,being as follows. - ' FIRST. AUTHORIZING said Town to acquire a parking lot,consisting of ap- proximately 0.75 acres,currently owned by t the Mattituck Park District,located at 630 Pike Street,Mattituck,New York(SCUM ' #1000-140-3-5),to be used for Town park- ing purposes, STATING the estimated maximum cost thereof,including prelm i- nary costs,and costs incidental thereto and the financing thereof,is$250,000,APPRO- PRIATING said amount for such purpose, and STATING the plan of financing in- eludes the issuance of bonds in the princi- pal amount of$250,000 to finance said ap- i ! propnation,and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon, - , SECOND: AUTHORIZING the is- ' suance of bonds in the principal amount of$250,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD:DETERMINING and STAT- ING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10)years;the proceeds of said bonds and __ - —_ _ _— any bond anticipation notes issued in antic#- _- /---� ry� ,patron thereof may be applied to reimburse --- = cm r. the Town for expenditures made after the _'= — j effective date of this bond resolution for - - the purposes for which said bonds are au- , L- thorized;and the proposed maturity of said r i;•, _ _ bonds will exceed five(5)years;and STAT- ": _ ;- I ING that the Town Board,as Lead Agency k� -- I y!' - 7 pursuant to the New York State Environ- i .— -_ --,w-,,' . ' mental Quality Review Act("SEQRA') _ — << '714.16has "has determined that the project for which " _ '7'1'*- the bonds are authorized is an Unlisted ac- ,1_ ,,' tion under SEQRA and that the project f'., e - __ - will not result in any significant adverse _l _ s environmental impacts; - -_ - " :,_ FOURTH:DETERMINING that said ' _ iNIbonds and any bond anticipation notes is- 1 ' 1' "i_ 1-sued m anticipation of said bonds and the +' r + renewals of said bond anticipation notes r VIP =-=,-,—,_ shall be general obligations of the Town; .� 7' and PLEDGING to their payment the L r L p faith and credit of the Town; N FIFTH.DELEGATING to the Super- visor the powers and duties as to the issu- ' ance of said bonds and any bond anticipa- _ i,', 1r-i:- 3— tion notes issued in anticipation of said -- bonds,or the renewals thereof;and --L r'` _ ^ 1' - — SIXTH: DETERMINING that the bond resolution is subject to a permissive - __ -- referendum. 'r i' _ -.-, - DATED.May 1,2015 -_...,'4? „ '1,_ 't=`- -_ -, ' Elizabeth A.Neville Town Clerk ,t4 _ — n,, .--•-_ BY ORDER OFTHE -_ TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, _ NOTICE The resolution, a summary of which is published herewith, has been adopted on the 1st day of May, 2015, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of$250,000 The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. Dated: May 1, 2015 Southold,New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold * * * PLEASE PUBLISH ON June 18,2015,AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK,TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Town Board Members Town Attorney Town Clerk's Bulletin Board Bond Counsel STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 15th day of June , 2015, she affixed a notice of which the annexed printed notice is a true 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's Bulletin Board, 53095 Main Road, Southold,New York. Notice and Summary of Acqisition of a Parking Lot Bond • D.. / / !� lizabeth A. Neville Southold Town Clerk Sworn before me this 15th day of June , 2015. otary Public LYNDA M. RUDDER Notary Public,State of New York No.01RU6020932 Qualified in Suffolk County Commission Expires March 8,201° .Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday, June 15, 2015 11:07 AM To: Rudder, Lynda Subject: Re: estoppel notice.docx for publication This notice has been scheduled to publish in the Suffolk Times on 6/18/2015. Thank you TIMES REVIEW .. MEDIA GROUP Cerria Orientale Torres Display Ad Coordinator 631.354.8011 (D) ctorres@timesreview.com legals@timesreview.com www.timesreview.com From:<Rudder>, Lynda Rudder<lynda.rudder@town.southold.ny.us> Date: Monday,June 15, 2015 10:58 AM To:Jim Dinizio<iim@lamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Doherty,Jill" <iill.doherty@town.southold.ny.us>, "Duffy, Bill" <billd(«@southoldtownny.gov>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely,Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <lynne.krauza@town.southold.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott"<Scott.Russell@town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>,Times Review <tdoubrava@timesreview.com>, William Ruland <rulandfarm@vahoo.com> Subject: estoppel notice.docx for publication Please publish in the 6/18 edition of the Suffolk times and the Town website 1 Xtiti • DELAFIELD&WOOD LLP PHONE(212)820-9300 ONE CHASE MANHATTAN PLAZA NEW YORK FAX(212)514-8425 NEW YORK,NY 10005 WASHINGTON WWW.HAWKINS.COM NEWARK HARTFORD LOS ANGELES SACRAMENTO (212) 820-9662 May 29, 2015 SAN FRANCISCO Town of Southold,New York $250,000 Bonds for Acquisition of a Parking Lot (Our File Designation: 2615/ ) Mr. John A. Cushman Town Comptroller Town of Southold P.O. Box 1179 Southold,New York 11971 Dear John: The bond resolution authorizing the above bonds takes effect thirty (30) days after its adoption and is to be published, in summary, in the official newspaper together with a statutory form of notice thereby commencing a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. With reference thereto, I have prepared and enclose herewith the following: (a) Certificate of No Referendum (b) Notice and Summary of the bond resolution in readiness for publication. Please do not hesitate to call if you have any questions regarding the enclosed documents. Kindly send me an executed copy of the Certificate of No Referendum and an original Affidavit of Publication, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures CERTIFICATE OF NO REFERENDUM I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $250,000 to finance said appropriation," was adopted May 1, 2015, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of 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 said Town this day of June, 2015. (SEAL) Town Clerk NOTICE The resolution, a summary of which is published herewith, has been adopted on the 1st day of May, 2015, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of$250,000., The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. WILLIAM M.DUFFY ���,,� SCOTT A.RUSSELL TOWN ATTORNEY Ion®1�®F SO(j Supervisor bill.duffy@town.southold.ny.us i STEPHEN F.KIELY �,1, ® �, Town Hall Annex,54375 Route 25 P.O.Box 1179 ASSISTANT TOWN ATTORNEY us Southold, New York 11971-0959 stephen.kiely@town.southold.ny.us @ �� PAZ, st LORI M.HULSE Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY ` ®� ��COUN�,%III , Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us "' o's OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: - Elizabeth A. Neville, Town Clerk MAY e 5 2015 From: Lynne Krauza South®idT®vin Cleik = • Secretary to the Town Attorney Date: : - _ . May 4, 2015 •Subject: Acquisition of Pike Street Parking Lot- SEQRA For your records, I am enclosingthe Original, fully executed Short Environmental Assessment Form and Negative Declaration in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions regarding this matter, please do not hesitate to .call me. Thank you for your attention. Ilk Enclosures . • %fv '�� RESOLUTION 2015-392 may' ADOPTED DOC ID: 10785 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-392 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 1,2015: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "acquisition of Mattituck Park District property located at 630 Pike Street, Mattituck,NY, SCTM#1000-140-3-5,to be used for Town parking purposes" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. aid/44644.a' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Scott A. Russell SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: To acquire a parking lot,consisting of approximately 0 75 acres,currently owned by the Mattituck Park District Project Location(describe,and attach a location map): 630 Pike Street,Mattituck,New York(SCTM#1000-140-3-5) Brief Description of Proposed Action: To acquire a parking lot,consisting of approximately 0 75 acres,currently owned by the Mattituck Park District,located at 630 Pike Street, Mattituck,New York(SCTM#1000-140-3-5),to be used for Town parking purposes. The estimated maximum cost thereof,including • preliminary costs and costs incidental thereto and the financing thereof,is$250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of$250,000 to finance said appropriation Name of Applicant or Sponsor: Telephone: 631-765-1800 Town of Southold Town Board E-Mail: NA Address: Southold Town Hall,PO Box 1179,53095 Main Road City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that �✓ n may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: El ❑ 3.a.Total acreage of the site of the proposed action? 67 acres b.Total acreage to be physically disturbed? 01 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 67+Pub.Rds acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) ❑Industrial ®Commercial 0 Residential(suburban) 0 Forest ❑Agriculture 0 Aquatic 0 Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 0 ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑✓ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ El 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑✓ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑✓ ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑✓ ❑ b.Is the proposed action located in an archeological sensitive area? ❑ ❑✓ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest 0 Agricultural/grasslands 0 Early mid-successional ❑ Wetland ®Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Ela.Will storm water discharges flow to adjacent properties? m NO ❑YES LI b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ZYES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: El Ell 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑✓ El I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: T of Southold Town Board Date: 5/5/15 Signature: -- /- . sem,,I L.575-C___.tl,' SUc-,/dei-vls O PRINT FORM Page 3 of 3 MAILING ADDRESS: PLANNING BOARD MEMBERS •��1 SOF SO(/r�' P.O.Box 1179 DONALD J.WILCENSHI 11��I,`®� ®l® ` Southold,NY 11971 Chair alit alli OFFICE LOCATION: WILLIAM J.CREMERS • ros Town Hall Annex PIERCE RAFFERTY �Q�1�, 54375 State Route 25 JAMES H.RICH III ®l� MARTIN H`SIDOR couN 1 t�` 0- (cor.Main Rd. &Youngs Ave.) `� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant • April 30, 2015 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. _ - Name of Action: Proposed acquisition of Mattituck Park District, located at 630'Pike Street, Mattituck, New York (SCTM#1000-140-3-5), to be used for Town parking purposes. SCTM#: SCTM#1000-140-3-5 Location: -630 Pike-Street, Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: To acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District,located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of$250,000 to finance said appropriation. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: 1. The lot is currently improved with a paved parking lot (figure 1). No significant changes are proposed. • „ ,,.4.- �' kal '�` wGw•E.��_:. * a•,�''•twom -*'^•,",• x”` Y Nei ..-,-, � „71 h:s � ,, � a , ". �h�' , v -,70 "-• 'No,',"'” res ,"- � s5,;- } ' , ....f.�� efit: p' �zxt z5 �: ` `ah�;} ri� d ': �;,� i - �� 1 , , d '�a`t d"4>41.;44,4 >4�4j`4•'" ` f"'e� ''t..1-.42,/. ..; -,x41aa4......_4144sr �. �.wR uqf�' ,p. a t ,} x „,,;....mw � ar :, ,a., .7"),,,,A.,” � / �� 7• s, j rr, fi L"A,: _: ti* .� '-,.- W � 4 . Fyi.,,,t; i .� a 4'8`'•k ,.;.:til,-,:„,;:4.7"..-, 'u 3R ti rY iaq fi-;3':ire. ,;i,,t7;•tt':k l'A IfiliP;11;V:kY z;4;'41,'4:K444%1 ;--,•,:':,170 ,7•, 4!.*. t.4•.n4V4,111,11 ::); 4; rah � ,,� 4 ,� ��>nt ,r,�-}y�� / sx � � '�,��q�.` " 46.% ;.4, 4.th ,„,-,- ,-;.: ::;:, ,,),,,,,,,y,-,4,,,,,:cr,,, ,;,„:71,,;/,...-,, , ,',,,,,Foiat,-1,:14,;;;) ,„,..,,,440 0,42,k0-51',14,7;:(1,6,4,, .„.,..3.7,,:_z;z:s,,,f fr-t.fi?4,4 ''. ,t •` ..,. .-4:4 4r:44pr,74.0ieff/.3-,:r. '-..,.;,-,4-4,..404.k1,t . ..,,,,,/,'Ac•9--:,',/-If. ,..;;;VM.110,:-ZZ4,.. 'y,4.,,4;1#P/"f;r1:141""A" .7.W*,,,, ''''' ,,dip,:.04r**44.Wiff:-.',••',:„.2„;,` riotoo IA' +F ' r sx �r ,44,1;,,,,,47` 4f'� f moY , y * s •¥te. ,/1....:',;1;:." 1 ,v • Y �yx w :,. : ,-42,44.v- s Ai)1c1.74 ✓ *,) ', }fi ' X 'I - ;;I:f ✓ "� *. N 'A xv " Are' Z,,,t*10tAli441 .' 1 4-2,-;;;-:-:,..'?,'40,i't eiN,''''',.;;7/31:1"A.":?,,,/,:V•14,j4igle 7,,P,141-4'.;:e>::7:,,v.';i4:t.f.4, 4*.tiCI:144**,4,*;". 4*.444-** *?-F.,,e,;„4 .",,ntf. 14,,^-'".1.--.7*.t4'..4:.-4 ,e--e4/, "0,,,c.t,e,.fi?:- '' . •,....,';:,;414%. iiktif'4./*4'4 '14444,•".-,,PV'Z`t";;P--4:e Iv Clo,,A',s li)4, ,:ti„s_:.. „eii.,../4-,,,w,,,,,,,irtiz4i.t,„...., -,,,....41,-,A.,,,,..„41, .1:1;0,4-,..,,, ,,,,,,,4.:1, -.,f", ,.'''' *4'Z''',,,.:71:';;;51 'iliAP4.44,, .-+..4. .,..4*,.? :"..::-/'''' .,4. ',';1';'.` `I:1-.:?,1 le--01,4„ % , , -; ' ',.., '—- - �y� ,✓, �'�x 8 � q(a�i '�� � a � "�� fi-fi��>�.;.:t p.,f N�v�'.i' B�bf . s y � z F,w �""z b„-,1�f It, �' • 3sks { 'a,{i GZ y 'ryy, yk. PFS 'j" d b y ' ...,...!*.,,,,.., .7,=..,-**. ,-, •,- .2',,.. -4., -,,, & ..., .,v.' ,,,,,.:4,,,,,,Z.,V., .!,tl,;,,,,-.,4...„„ci'44,6","ell"r.',1 ti:7 •'''*''. Is:--.'' , ' 4:''''' re:. t'-' ., Y. ,,. 4. N� 3•k F° '� w '�s"':" '+ .'S x,-t'f«' '3.",,, „;"`**7'`ws 'fin / £ �y x'41 'Tour Guide 994 '''9317,0-;"/ i Ima er, Date c6{I9j2014'404,- 3283.'N 712,32„0373”"J,eleu 14 ftx eu'e ait�2�S ft Figure 1. Subject Parcel 2. No substantial adverse change in existing air quality is expected to occur as a result of the proposed action. 3. It is estimated that the proposed lot will use approximately 0 gallons of water per day. Therefore, the use will not be expected to adversely affect groundwater. Storm water will be retained on- site via subsurface drainage structures installed by the Town. No substantial adverse change in ground or surface water quality or quantity is expected to occur. 4. The parking lot currently provides vehicle parking for existing commercial uses that line Love Lane and Pike Street in Mattituck. This action will not result in an increase in vehicle trip generation. 5. No significant impact to noise levels and no substantial increase in solid waste production will result from the proposed action. The parking lot will not generate solid waste. Noise will be limited to normal parking of vehicles and is not expected to impact surrounding properties. 6. Trees occur on the perimeter of the parking lot and will be preserved. Existing vegetation (trees) will remain in place and serve as a buffer to adjacent properties (figure 2). The parcel is improved with a paved parking lot and the removal of vegetation is not being proposed. No significant removal or destruction of large quantities of vegetation or fauna will occur. On site 2 soils have been covered for many years, therefore, no further loss of soils would occur as a result of this action. � _ yew..- �.Y» .„ .w ;.,.:.yy , Y ,- a.« .0 3 ....—.� Yw79 J, ,' , , ,,,,,„..,,,,,t0,444.,,,,,,,,. 8 r ar::(.,:f: Exit Street View 3, 1/4: a�« _j , ..,= .z�' , ." k• :k', s: '7=, =3, •'- ['44 .fix :,'s'� .1 si,,,,l'- -'wa" , w-.".'.:,z`,a.,,; `,-=/..-'''q 'q,; r A a�s`. ^,.,,..% � ,�,,.-;.�� ,� -s ^� x k.i>x s.•..�k;.,tea?•?_ ,�:r;+.- .,, o��" �?;��r, ,y.�k>:A'>v�;�� ;�`<•.zf;, s s .3�•--raid j''''''- ,.:r. . ` • ,-;° � � ' �,„,,Ea - � ,.. .- R ` < q ` s ..Y • #X”;s ..' •Z "g, ar..� `✓'z tar �S tv .::* :t.,,,,,,,:o.....4*,-,44... 4' .64,4?*;i"lit'''X 41C:.4" 1 � lilit, � y , .j „r 4S. stX1' 'i d „,i;., ,,,,,,, ,v4rt ..-tivi.t6:447.1t.:4v,v,-;y4tit„.1 ..I.,..,,..;;I-..„...1.,:.,-i<.:"..,,,k,e,,... ..71. ...4.4 .:zt .7. 4 7 :; ^�'f-y'�tw* ,� t -. * «s 7 :yf g'f .s � d x29itlqi,,,„,,20 ,...:,,,..z.,4i,v....„4„,,,, ,,eosz,..triv, , ..,,.,. .p.4.%p..4.- 41 't.,...it-1-5414-,:ft. - ',.,;P:::47,7. valrosCIP'i .m a 3 �� ^^xi,.... '''..!,'4',,., ?;s, �i a y�' 3 �.wrM---�, ,,tea d,, isW 4y^�i2 *d',+ 2” S ' .. ! � 8 �s„ `/(1,;,,, , ,.5' ''v .S y,� lif Y ro . 'y;« _'iP«`'�ea, : Ufa > rE G'.. �g A a 8 o. � , .'# 4.''',/"',1 4,1 {, � v� #a hs° : e ✓ "rg i n"”'1. ; a .. 3t ,, r�Y'' , , ,*;4-','&4:1-**„,` - - F ,.. , .4, . • • -& .' '- as - r a � -.- a �e,-.-K .,; y , t, �,/r> ', sM ?. pi F'� , % . z ° • ' t•,,,,s " £ 1 _ y ' s ..AP, "" k ' � 4,/ g (=b .gj z7 �� € ^ & yfte ' ` t 9 ,11QX -A s' vry �e-',..,-•00 > a s , i . d'` ' . '',„7,-,...-SG y .' iW' g A� v�- . ,s '^x :S V r� hee ?alt2`t': s .z tX dei ,41;1014.5.94,3454 2°3203':4 � 4 y 'J ' r Itnagry date 8/24- '''Tou'Guide' ky :3 , A „„ Figure 2. Mattituck Park District Parking Lot (2015) 7. The lot is located outside of FEMA mapped flood zones. The threat of flooding is low. Storm water will be controlled on-site via drainage structures to be installed in the southeast corner. 8. No significant impacts to animal or plant or the habitat of such a species is expected to occur as a result of this action. The parcel is not identifed as included in an area where rare plants and rare animals were once recorded or have the potential of occuring (Figure 2). 9. The proposed action is not in significant material conflict with ai community's current plans or goals as officially approved or adopted. Conversely, the action would enable to the Town to add additional municipal parking improving storm water control and public safety in the area. The 29,185 square foot lot size conforms to the Hamlet Business (HB) zoning district which requires a minimum of 20,000 square feet. Additional fire or police services are not expected to be required over existing needs as a result of the action. 10.The proposed action will not impair the character or quality of important architectural or aesthetic resources or of existing community or neighborhood character. The parking lot use is consistent with the HB zoned commercial district and the Town of Southold Hamlet Studies (2005-2009). 11.No cultural resources occur above grade on site. Impacts to sub-surface cultural resources are expected to be none to low as no development (less storm water controls) is proposed. 3 12.No major change in the use of either the quantity or type of energy over existing conditions will occur. 13.No creation of a hazard to human health will occur as a result of this proposed action. 14.The proposed action will not cause a change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Principal Planner Address: Southold Town Planning Board Telephone Number: (631)765-1938 cc: NYSDEC Suffolk County Planning Commission 4 • Agency Use Only [IfApplicable] Project: Date. Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. . • Attach additional sheets,as needed. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑Type 1 ©Unlisted Identify portions of EAF completed for this Project: ©Part 1 ❑Part 2 2 Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information See attached and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Southold Town Board as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: To acquire a parking lot,consisting of approximately 0 75 acres,currently owned by the Mattituck Park District Name of Lead Agency: Southold Town Board Name of Responsible Officer in Lead Agency: Scot Russ I Title of Responsible Officer: /Supervisor _r.- -':.. Signature of Responsible Officer in Lead Agency: / rLam` Date: 5/5/15 Signature of Preparer(if different from Responsible Officer)- r ate: 4/30/15 For Further Information: Contact Person: Mark Terry,Principal Planner Address: P 0.Box 1179,53095 Main Road Telephone Number:631-765-1938 E-mail: mark terry@town southold ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.nv.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 t‘i FOL ELIZABETH A. NEVILLE,MMC �� .�®�' ®�.y Town Hall,53095 Main Road TOWN CLERK ' ti #�� PO.Box 1179 t (12 x v Southold,New York 11971 REGISTRAR OF VITAL STATISTICS $ Fax(631)765-6145 MARRIAGE OFFICER ' �0* 1 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER — ®.� •'��a• www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER > ,,.•' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 4, 2015 Town of Southold,New York $250,000 Bonds for Acquisition of a Parking Lot (Our File Designation: 2615/ Mr. Robert P. Smith Hawkins, Delafield & Wood, LLP One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed find the following documents related to the above referenced bond. 1. Certified resolution adopting the Bond 2. Extract of Minutes 3. Certification of Extract of Minutes 4. Copy of the Notice that will appear in the Suffolk Times on May 7, 2015 5. Affidavit of Posting Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours c24,_ Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney RESOLUTION 2015-392 0)::; ADOPTED DOC ID: 10785 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-392 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 1, 2015: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "acquisition of Mattituck Park District property located at 630 Pike Street, Mattituck,NY, SCTM #1000-140-3-5, to be used for Town parking purposes" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. • {G Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Scott A. Russell SECONDER:Jill Doherty, Councilwoman • AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans RESOLUTION 2015-393 "41.,ty ADOPTED DOC ID: 10784 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-393 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 1, 2015: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said, amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20(f) of the Law, is ten (10) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in its capacity as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project described in Section 1 hereof is an Unlisted action _ Resolution 2015-393 Board Meeting of May 1, 2015 pursuant to SEQRA, and has determined that the project will not result in any significant adverse environmental impacts. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on May 1, 2015, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such Updated: 4/30/2015 11:33 AM by Lynda Rudder Page 2 _ Resolution 2015-393 Board Meeting of May 1, 2015 purpose, and authorizing the issuance of bonds in the principal amount of$250,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $250,000; APPROPRIATING,said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $250,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project for which the bonds are authorized is an Unlisted action under SEQRA and that the project will not result in any significant adverse environmental impacts; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof., and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. * * * EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 1st day of May, 2015, and an abstract thereof has been published and posted as required by law and the Updated: 4/30/2015 11:33 AM by Lynda Rudder Page 3 Resolution 2015-393 Board Meeting of May 1, 2015 period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of$250,000 The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. Al/ q-04.a. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans Updated: 4/30/2015 11:33 AM by Lynda Rudder Page 4 TOWN OF SOUTHOLD, NEW YORK Public Notice PLEASE TAKE NOTICE that on May 1, 2015, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of$250,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $250,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of$250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $250,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is • ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project for which the bonds are authorized is an Unlisted action under SEQRA and that the project will not result in any significant adverse environmental impacts; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a- permissive referendum. DATED: May 1, 2015 Elizabeth A. Neville Town Clerk BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold * * * PLEASE PUBLISH ON May 7, 2015, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Town Board Members Town Attorney Town Clerk's Bulletin Board Bond Counsel I AFFIDAVIT OF POSTING STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on I \ —1 , 2015, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on May 1, 2015, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. a • / ianiv,41L, • Town Clerk Subscribed and sworn to before me this 4 day of May, 2015. Not., y Public, State of New York , EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York May 1, 2015 * * * A special meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on May 1, 2015. There were present: Hon. Scott A. Russell, Supervisor; and Councilpersons: Jill Doherty, Councilwoman William Ruland, Councilman James Dinizio, Councilman There were absent: Robert Ghosio, Jr, Councilman Louisa Evans, Justice Also present: Elizabeth A. Neville, Town Clerk * * * Councilwoman Jill Doherty offered the following resolution and moved its adoption: . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20(f) of the Law, is ten (10) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in its capacity as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project described in Section 1 hereof is an Unlisted action pursuant to SEQRA, and has determined that the project will not result in any significant adverse environmental impacts. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the . authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as•to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on May 1, 2015, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of$250,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $250,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of$250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $250,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Towh for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project for which the bonds are authorized is an Unlisted action under SEQRA and that the project will not result in any significant adverse environmental impacts; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. * * * The adoption of the foregoing resolution was seconded by Councilman James Dinizio and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor Jill Doherty, Councilwoman William Ruland, Councilman James Dinizio, Councilman NOES: None The resolution was declared adopted. ******** EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 1st day of May, 2015, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of$250,000 The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. • CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on May 1, 2015, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 1st day of May, 2015. (SEAL) e(67A / 01 Q.M1-124/4-ek,' Town Clerk Rudder, Lynda From: Cerria Torres <ctorres@timesreview corn> Sent: Monday, May 04, 2015 9.28 AM To: Rudder, Lynda Subject: Re: Corrected notice This notice has been scheduled to publish in the Suffolk Times on 5/7/15. Thank you • TIMES REVIEW��I MEW..GROUP Cerra Orientale Torres Display Ad Coordinator 631 354.8011 (D) ctorres@timesreview corn legals@timesreview.com • www.timesreview.com From: <Rudder>, Lynda Rudder<lynda.rudder@town.southold.ny.us> Date: Monday, May 4, 2015 9:15 AM To:Jim Dinizio <jim@iamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Doherty,Jill" <jill.doherty@town.southold.ny.us>, "Duffy, Bill" <billd@southoldtownny.gov>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, "Kiely,Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <lynne.krauza@town.southold.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russell@town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, Times Review <tdoubrava@timesreview.com>, William Ruland <rulandfarm@yahoo.com> Subject: Corrected notice Please publish this notice in the 5/7 edition of the Suffolk Times and the town website in place of the one I sent a few minutes ago,thanks Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, May 04, 2015 9:24 AM To: Rudder, Lynda Subject: RE Corrected notice Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.qov lloydr@southo/dtownny.gov 0: 631-765-1891 1 M:631-879-1554 1 F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s) Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Monday, May 04, 2015 9:16 AM To:Jim Dinizio; Beltz, Phillip; Cushman,John; Doherty, Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Michaelis,Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;Tracey Doubrava (tdoubrava@timesreview.com); William Ruland Subject: Corrected notice Please publish this notice in the 5/7 edition of the Suffolk Times and the town website in place of the one I sent a few minutes ago, thanks 1 c7ectid . DELAFIELD&WOOD LLP PHONE NEW YORK FAX WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO (212) 820-9662 April 29, 2015 SAN FRANCISCO PORTLAND Town of Southold,New York $250,000 Bonds for Acquisition of a Parking Lot (Our File Designation: 2615/ ) Mr. John A. Cushman Town Comptroller Town of Southold P.O. Box 1179 Southold,New York 11971 Dear John: Pursuant to your request, I have prepared the attached Extract of Minutes of a Town Board meeting to be held May 1, 2015, showing adoption of the above bond resolution. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire membership of the Town Board, without taking into consideration any temporary vacancies. Section 7 of the bond resolution contains the form of Notice of Permissive Referendum to be published in the official Town newspaper and posted on the sign board of the Town maintained pursuant to the Town Law within ten (10) days after adoption of the bond resolution. Also attached is the Affidavit of Posting to be executed by the Town Clerk. A copy of the Notice, as posted, should be attached to this Affidavit. Please obtain and forward to me a certified copy of the Extract of Minutes, an executed Affidavit of Posting and an original Affidavit of Publication. Upon receipt of same, we will forward the additional documents required with respect to the final estoppel publication of the resolution. With best regards, I am Very truly yours, Robert P. Smith RP Simi Enclosures 4 EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York May 1, 2015 * * * A special meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold,New York, on May 1, 2015. There were present: Hon. Scott A. Russell, Supervisor; and Councilmen: There were absent: • Also present: Elizabeth A. Neville, Town Clerk John A. Cushman, Town Comptroller * * * offered the following resolution and moved its adoption: 3 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20(f) of the Law, is ten (10) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in its capacity as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project described in Section 1 hereof is an Unlisted action pursuant to SEQRA, and has determined that the project will not result in any significant adverse environmental impacts. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on May 1, 2015, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted May 1, 2015, authorizing the acquisition of a parking lot for Town parking purposes, stating the estimated maximum cost thereof is $250,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of$250,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $250,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $250,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), has determined that the project for which the bonds are authorized is an Unlisted action under SEQRA and that the project will not result in any significant adverse environmental impacts; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 1, 2015 Elizabeth A. Neville Town Clerk 7' Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. * * * The adoption of the foregoing resolution was seconded by and duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. ******** EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 1st day of May, 2015, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. • ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 1, 2015, AUTHORIZING THE ACQUISITION OF A PARKING LOT FOR TOWN PARKING PURPOSES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a parking lot, consisting of approximately 0.75 acres, currently owned by the Mattituck Park District, located at 630 Pike Street, Mattituck, New York (SCTM #1000-140-3-5), to be used for Town parking purposes, at the estimated maximum cost of$250,000 The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is ten (10) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on May 1, 2015, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 1st day of May, 2015. (SEAL) Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on , 2015, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on May 1, 2015, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. Town Clerk Subscribed and sworn to before me this day of May, 2015. Notary Public, State of New York