HomeMy WebLinkAbout4720J APPEALS BOARD MEMBERS "J
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
�130ARD OF NU-PEALJ
TOWN OF SOUTHOL
"j
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold; New York 11971
ZBA Fax (516) 755-9064
Telephone (516)765-1809
FINDINGS, -DF_LIBERATIONS AND DETERMINATION
MEETING OFJULY 28, 1999
Appl. No. 4721-V and 4720 -SE - WILLIAM and KRISTIN VON EIFF
PARCEL: 1000-45-4--5.1(Current Owner: Franken)
STREET & LOCALITY: 74605 Main Road, Greenport
DATE OF PUBLIC HEARING: July 22, 1999
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The property is located in the B General Business Zone District
and is.a 23,396.09 so. ft lot�with 100 ft. frontage along the northerly side of Main Road,(S.R. 25)
Greenport. The May 19, 1970 survey prepared by R. VanTuyl, L.S. for former owners, George H.
and Madeline L. Huber, shows a 1-1/2 story and one-story block -dwelling with attached one-story
shop, accessory garage near the center of the property and a small accessory structure in the rear
yard.
BASIS OF APPLICATIONS:
A. Special Exception under Article X, Section 100-101B(5) fora single-family dwelling use
in an existingbuilding; and
B. Variance from Zoning'Code Section 100-102, Bulk Schedule, to allow single-family
dwelling use in conjunction with a permitted business use on this 23,396+- sq. ft. parcel,
based upon a Notice of Disapproval, dated: June 14, 1999 which states:
"Proposed project is in a B zone, one -family dwelling use requested was pre-existing
nonconforming that has lost its status pursuant to Article )XIV, Section 100-241G which
states: ...Whenever a nonconforming use of a building or premises has been discontinued
for a', period of more than two (2) years or has been changed to a higher classification or to
a conforming use, anything in this , Article to the contrary notwithstanding, the
nonconforming use ofsuch building or premises shall£mno longer be permitted, unless a
variance therefor shall have been granted by the Board of Appeals. One family dwelling
use is currently a Special, Exception use in the B Zone (Section 100-1016-15). Pursuant to
Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one -
family dwelling use lister as N/A."
i'
(No other areaslare noted in the June 14, 1999 Notice of Disapproval)
Page 2 - July 28, 1999
ZBA Appl. No. 4720 -SE and 4721 - W. VonEiff
Parcel 1000-45-4-5.1 at Greenport
REASONS FOR BOARD ACTION:
After hearing testimony and making personal inspection of the property, the Board has
considered the General Standards set forth in Code Section 100-263, and finds and determines
that:
Special Exception Reasons, described below:
A) The use will not prevent the orderly and reasonable use of properties in
adjacent Zone Districts.In connection with this consideration, the Board satisfied itself that
applicants understand that the surrounding properties are zoned Business and will continue to be
used accordingly.
B) The use will not prevent orderly and reasonable use of permitted or legally established
uses in the Business District wherein the proposed use is to be located, or of permitted or legally
established uses in the adjacent use districts.
C) The safety, health, welfare, comfort, convenience, and the order of the town will not be
adversely affected by the proposed use and its location.
D) The proposed use is in harmony with and will promote the general purposes. and intent
of the Zoning Code;
E) The use is compatible with its surroundings and with the character of the neighborhood
and of the community in general, particularly with regarding to visibility, scale and overall
appearance.
F) The proposed dwelling will be readily accessible for fire and police protection.
The Board has also reviewed other matters to be considered relating to Special Exceptions set
forth under Code Section 100-264 and finds that no adverse consequences will result from the
proposed use.
Area Variance Reasons for Board Action, described below:
1. Grant of the area variance will not produce an undesirable change in, the character of the
neighborhood or a detriment to nearby properties because the buildings had previously been used
for two separate uses.
2. The benefit sought by applicant cannot be achieved by some method, feasible for
appellant to pursue, other than an area variance because the land size is preexisting-
nonconforming.
3. The requested area variance is not substantial.
4. No evidence has been submitted to show that the proposed deck extension would have:
an adverse effect or impact on the physical or environmental conditions in the neighborhood or
Page 3 - July 28, 1999 x '
ZBA Appl. No. 4720 -SE and 4721- W. VonEiff
Parcel 1000-45-4-5.1 at Greenport
district.
5. The difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a sign business in conjunction with
owner's' residency in the existing principal building, while preserving and protecting the character
of the neighborhood and the health, safety, welfare of the community.
,RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was
RESOLVED, to GRANT the variance and special exception, as applied for.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. This
Resolution was duly adopted (4-0). (Member Homing of Fishers Island was absent.)
JAMES DINIZIO, JR.
CHAIRMAN PRO TEM
For Filing on or about 8/6/99
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TOWN OF SOUTHOLD —��
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APPLICATION FOR SPE X E WN I�/CP"n1/
Application No. 'f7aP&z
Town Clerk SOMOIdDate Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
William and Kristin VonEi"ff a
I (We), Contract Vendees from.Wilhelm and of 379=Riley Ave.
Silke-Frankeu (Residence, House No. and Street
Mattik All
11952 298-2075
m et,, tate, Lip Code, Telephone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accor rce with
the ZONING ORDINANCE, ARTICLE SECTION �-�-�- SUBSECTION' a
for the below -described property for the following uses and purposes nd,as shown on
the attached plan drawn to scale): Applicants seek to utilize business zoned property
for both business and residential use and accordingly need a special exception for the
residential use. The structures on theproperty have historically been used for both'
purposes., Due to the fact that'the non -conforming residential use has'been abandoned a
special exception is required to utilize the premises for residential purposes.
A. Statement of Ownership and Interest.
The owners are Wilhelm & Silke Franken (VonEiff contract vendees(are) the owner(s) of
property known and referred to as 74605 -train reeupo e, NY
House No., Street,,Hamlet
identified on the Suffolk County Tax Maps as District 1000, Section Block
Lots) 5,1 , which is not (is) on a subdivision Map (Filed
,Map of " Filed Map No.
and has been approved by the Southold Town Planning Board on
as a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner on 12/2/88 liber 10761 Page 93
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to '
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
C. The property which is the subject of this application is zoned E_1 and
[ A] _ is consistent with the use,(s) described in the Certificate of Occupancy being
furnished herewith attached is nre-CO 716403 and CO Z1481.
[ ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
[ ] is vacant land.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss.: JI'll - t
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Sworn to before ma tjllt a of June 1999 -
U Kristin VonE"
otary u is
GARY FLANNER OLSEN
ZB2 (rev. 2/6/86 )Votary Public, State. of Newyork
No 020L2959600
Qualified in Suffolkh ou
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� IrLE N0. Hs-s35424-
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK-
I DD,
ROBERT J GAFFNEY L,
SUFFOLK COUNTY EXECUME
August 18, 1999
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Rushin (Patricia) & Motley (Pamela)
4662
Friedman, Stephen
4674
Trapido, Leonard
4693
Mackham, Linda Duffy
4713
Barry, Robert & Joyce
4714
Michelis, Gregory
4715
Rutkowski, Stanley
4716
Sclafani, Anthony & Cheryl*
4717
Yaccarino, Joseph
4719
7on Eiff, William
4720
Von Eiff, William
4721
Angell, Theodore
4726
*With the understanding that premises will be encumbered by appropriate restrictions,
particularly as set forth by the Z.B.A.
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG - 4TH FLOOR IN P. 0. BOX 61 00 ■ (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044
Talkowski-Smith
Plutrlblrag, Heating & Fuels,,...
49200 MAIN ROAD
SOUTHOLD, NY 11971
765-1489 765--3690
May 10, 1999
William Franken
965 Osprey Nest Road
Southold, NY 11971
Re: 74605 Main Road Greenport, NY 11944
Dear Mr. Franken:
Please note for your records on Nov 30, 1997 we legally abandoned the existing 1000
gallon in ground fuel tank at the above stated address.
The legal abandonment was as specified by Suffolk County Code. The tank was opened
at the top, cleaned and filled with sand. The fill pipe was removed and the vent pipe
capped at the foundation. The copper suction and return lines were capped at the tank.
The tank was then recovered with the existing soil.
Should you require any further information please do not hesitate to contact our office.
Cordially,
Jan Falkowski
Talkowski-Smftb
PIumb1.t1,g, Heatlrlg & Fuels,
49200 MAIN ROAD
SOUTHOLD, NY 11971
765-1489 765--3690
May 10, 1999
William Franken
965 Osprey Nest Road
Southold, NY 11971
Re: 74605 Main Road Greenport, NY 11944
Dear Mr. Franken:
Please note for your records on Nov. 30, 1997 we legally abandoned the existing 1000
gallon in ground fuel tank at the above stated address.
The legal abandonment was as specified by Suffolk County Code. The tank was opened
at the top, cleaned and filled with sand. The fill pipe was removed and the vent pipe
capped at the foundation. The copper suction and return lines were capped at the tank.
The tank was then recovered with the existing soil.
Should you require any further information please do not hesitate to contact our office.
Cordially,
Jan .Falkowski
Talkows'ki-sillith
Plumbing, Heating & Fuels,
49200 MAIN ROAD
SOUTHOLD, NY 11971
765-1489 765-3690
May 10, 1999
William Franken
965 Osprey Nest Road
Southold, NY 11971
Re: 74605 Main Road Greenport, NY 11944
Dear Mr. Franken:
Please note for your records on 'Nov 30, 1997 we legally abandoned the existing 1000
gallon in ground fuel tank at the above stated address.
The legal abandonment was as specified by Suffolk County Code. The tank was opened
at the top, cleaned and filled with sand. The fill pipe was removed and the vent pipe
capped at the foundation. The copper suction and return lines were capped at the tank.
The tank was then recovered with the existing soil.
Should you require any further information please do not hesitate to contact our office.
Cordially,
Jan Falkowski
Falkowski-Smftb
Plumbing, ng, Heating & Fuels,
49200 MAIN ROAD
SOUTHOLD, NY 11971
7651489 765--3690
May 10, 1999
William Franken
965 Osprey Nest Road
Southold, NY 11971
Re: 74605 Main Road Greenport, NY 11944
Dear Mr. Franken:
Please note for your records on Nov. 30, 1997 we legally abandoned the existing 1000
gallon in ground fuel tank at the above stated address
The legal abandonment was as specified by Suffolk County Code. The tank was opened
at the top, cleaned and filled with sand. The fill pipe was removed and the vent pipe
capped at the foundation. The copper suction and return lines were capped at the tank.
The tank was then recovered with the existing soil.
Should you require any further information please do not hesitate to contact our office.
Cordially,
Jan Falkowski
d,
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JULY 22, 1999
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of
Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,
JULY 22, 1999 at the time noted below (or as soon thereafter as possible):
7:20 p.m. W. and K. VONEIFF (Owners: W. and S. Franken). With respect to property
known as 74605 Main Road, Greenport, NY; County Tax Map Parcel 1000-45-4-5.1, located in the B
General Business Zone District, approvals are being requested as described below:
Appl. No. 4720 for a Special Exception under Article X, Section 100-101B(5) for a single
family dwelling in an existing building; and
Appl. No. 4721 for a Variance on this 23,396+- sq. ft. parcel, based upon a Notice of
Disapproval dated June 14, 1999 which states:
"Proposed project is in a B Zone, one -family dwelling use requested was pre-existing nonconforming
that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a
nonconforming use of a building or premises has been discontinued for a period of more than two (2)
years or has been changed to a higher classification or to a conforming use, anything in this Article to
the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be
permitted unless a variance therefor shall have been granted by the Board of Appeals. One family
dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-5). Pursuant to
Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one -family dwelling
use listed as N/A."
The Board of Appeals will at said time and place hear any and all persons or representatives
desiring to be heard in the above application or to submit written statements before concluding the
hearing. Each hearing will not start earlier than designated. Files are available for review during
regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call
(516) 765-1809.
Dated: June 18, 1999. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
a -
0
NATIONAL ATTORNEYS' 'T'ITLE INSURANCE
COMPANY
TITLE NO. 12-17366
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
GEORGE H._HUBER and MADELINE L. HUBER being duly sworn,
depose and say that they reside at 76605 Main Road, Greenport,
New York. That they acquired. title to these premises by deed
from Pierre F. Townsend dated 29 May 1970 and recorded 4 June
1970 in Liber 6752 cp 69. That since that date your deponents
and their daughter, Joan Huber, have continuously resided in the
one -family dwelling on said premises.
That since acquiring title to said premises your deponent,
George Ii. Huber, has owned and operated a plumbing; business out
of these premises and has continuously used the detached garage
and attached one story frame shop and block building shown on
survey made by Van Tuyl & Son 19 May 1970 for the storage of
plumbing and heating supplies used in connection with said plumbin
business. That attached hereto is a copy of said.survey, That
no one has ever filed a complaint against your deponent, George H.
Huber, charging; him with any violations of any kind of Southold
Town Zoning Ordinances.
That premises have continuously been used. by your deponents
as a residence and place of business from 1970 to date.
That since acquiring title to the premises :in 1970 your
deponents have not erected any buildings or additions on the
premises requiring a building permit and Certificate of Occupancy
excepting the addition of an enclosed patio to the existing one-
family dwelling; for which they obtained Certi_fi.cate of Occupancy
No. Z14481 from the Town of Southold. Building Department.
Sworn to before me this
18th day /of dune, 1986
JILL L SIL-VERMAN
Notary Public. State of Now York
No. 4843189
Qualified in NEISSOLI County
ca rnMissign Expir.,,5 March 30, 19_
H
EG :CI- E flu -BER
i
KDE _, I IS � TIO BER
NATIONAL ATTORNEYS' TITLE INSURANCE
COMPANY
TITLE NO. 12-17366
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
GEORGE H.,HUBER and MADEL.INE L. HUBER being duly sworn,
depose and say that they reside at 76605 Main Road, Greenport,
New York. That they acquired title to these premises by deed
from Pierre F. Townsend dated 29 May 1970 and recorded 4 June
1970 in Liber 6752 cp 69. That since that date your deponents
and their daughter, Joan Huber, have continuously resided in the
one -family dwelling on said premises.
That since acquiring title to said premises your deponent,
George H. Huber, has owned and operated a plumbing business out
of these premises and has continuously used the detached garage
and attached one story frame shop and block building shown on
survey made by Van Tuyl & Son 19 May 1970 for •the storage of
plumbing and heating supplies used in connection with said plumbin
business. That attached hereto is a copy of said.survey, That
no one has ever filed a complaint against your deponent, George H.
Huber, charging him with any violations of any kind of Southold
Town Zoning Ordinances.
That premises have continuously been used by your deponents
as a residence and place of business from 1970 to date.
That since acquiring title to -the premises :in 1970 your
deponents have not erected any buildings or additions on the
premises requiring a building permit and Certificate of Occupancy
excepting the addition of an enclosed patio to the existing one-
I family dwelling for which they obtained Certificate of Occupancy
No. Z14481 from the Town of Southold. Building Department.
Sworn to before me this
18th day /of �june, 1986
JILL t.. SIL-VEiiMAN
Notary POW. State of i+,Sc+ nr'ftsck
No. 4$43189
Qualified in Nassau COUMm ,
COMMissign Expires March 30, 19
0
EU .CJI; NHUBER
i
I)E.,IN? L.
HUBER
NATIONAL ATTORNEYS? TITLE INSURANCE
COMPANY
TITLE NO. 12-17366
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
GEORGE H.,HUBER and MADELINE L. HUBER. being duly sworn,
depose and say that they reside at 74605 Main Road, Greenport,
New York. That they acquired title to these premises by deed
from Pierre F. Townsend dated 29 May 1970 and recorded 4 June
1970 in Liber 6752 cp 69. That since that date your deponents
and their daughter, Joan Huber, have continuously resided in the
one -family dwelling on said premises.
That since acquiring title to said premises your deponent,
George H. Huber, has owned and operated a plumbing; business out
of these premises and has continuously used the detached garage
and attached one story frame shop and block building shown on
survey made by Van Tuyl & Son 19 May 1970 for the storage of
plumbing and heating supplies used in connection with said plumbin
business. That attached hereto is a copy of said survey., That
no one has ever filed a complaint against your deponent, George H.
Huber, charging him with any violations of any kind of Southold
Town Zoning Ordinances.
That premises have continuously been used by your deponents
as a residence and place of business from 1970 to date.
That since acquiring title to -t:he premises :in 1970 your
deponents have not erected any buildings or additions on the
premises requiring a building permit and Certificate of Occupancy
excepting the addition of an enclosed patio to the existing one -
'family dwelling for which they obtained Certificate of Occupancy
No. Z14481 from the Town of Southold. Building Department.
EO GC N, F BER
HU BER
Sworn to before me this
18th day hof dune, 1986
NOWY Public. State of New York
Flo. 4$43189
Qualified in Nassau Cnunty
40MMissign Expires March 30, 19_
NATIONAL ATTORNEYS? TITLE INSURANCE
COMPANY
TITLE NO. 12-17366
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
GEORGE H.,HUBER and MADELINE L. HUBER. being duly sworn,
depose and say that they reside at 7/+605 Main Road, Greenport,
New York. That they acquired. title to these premises by deed
from Pierre'F. Townsend dated 29 May 1970 and recorded 4 June
1970 in Liber 6752 cp 69. That since that date your deponents
and their daughter, Joan Huber, have continuously resided in the
one -family dwelling on said premises.
That since acquiring title to said premises your deponent,
George H. Huber, has owned and operated a plumbing; business out
of these premises and has continuously used the detached garage
and attached one story frame shop and block building shown on
survey made by Van Tuyl & Son 19 May 1970 for -the storage of
plumbing and heating supplies used in connection with said plumbir.
business. That attached hereto is a copy of said..survey., That
no one has ever filed a complaint against your deponent, George H.
Huber, charging him with any violations of any kind of Southold
Town Zoning Ordinances.
That premises have continuously been used by your deponents
as a residence and place of business from 1970 to date.
That since acquiring title to -t:he premises :in 1970 your
deponents have not erected any buildings or additions on the
premises requiring a building permit: and Certificate of Occupancy
excepting the addition of an enclosed patio to the existing one -
'family dwelling for which they obtained Certificate of Occupancy
No. Z14481 from the Town of Southold. Building Department.
FCS ,(ik f ER
HUBER
Sworn to before me this
18th day /of Vune, 1986
Notary Publio. State of No -,,v York
No.4843188
Qualified in Nassau Coi.mty
comPnissign Expin?r; March 30, 19_.
a .�um-icy �L:ciiiil :i,,UI:L „ � +ulbiitl iCl
�+ 0I`4 -ICE OF BUILDING INSPECTOli
' TOWN HALL
SOUTHOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
Land
X/
Building(s)
Use(s)
Pre C.O. #-zl4403
Date- May_16, 1986
located at 74605 Main Rd. Rt. 25 Greenport
Street Hamlet
shower on County tax map as District 1000, Section 45 , Block 4
Lot 5 , doesjtioOconform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient total area. Insufficient front & sideyard set -backs.
Non -conforming with dwelling facilities.
On the basis offi�informa4tion presented to the Building Inspector's Office,
it has been determined that)the above nonconforming &/ Land % 7 (Huilding(s)
/_/Use(s) existed op the effective date the present Building Zone Code of the
Town of Southold. and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for evhich this Certifi-
cats is issued is as follows: property contains a one and one half story
tacked to a one story
block building attached to a one story wood framed storage building. An
accessory garage is in the rear; and a hedge part way down the side line.
Pronarty is aituated-in the H-1 zone with access to Main Road.
The Certificate is issued to GEORGE H. & MADELINE L. HUBER
of the aforesaid building. (owner. JRKRR%)ffXK&AVA)
Suffolk County Department of Health Approval N/A
ON'DERWRITERS CER'T'IFICATE NO. � N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises HAS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances. other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate. therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
:;uiiding inspector
-99 15:59 Frunr•119 Jt k10 I 1 711E 3U5 i516i411311 1-3i5 1' 0/11 F-618
I' FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No..... Z 1 4481, ..... Date _ ......June 5...........
THIS CERT&IES that the building ..... enclosed patio addition , _ . , . . • , , .
Location ofPropert' 74605 Main- Rd Greenport
House IVo. sneer . ..... , . .. . • . .... .
County Tax Map No. 1000 Section .... 4 5 ..Block....... 4 ......:Lot . , , _ 5. , , , .. •Hem. .
Subdivision... . ".... X .............. . ... .Filed Map No. ........Lot No. ......... .. .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
• • ,June k 14936Z
• - • • • • • - - - • • • 110.6. pursuant to which Building Permit No. ........ , , , , . , ,
dated , .. , , •June 4 . , • . - , , 19 8fi , was issued, and conforms to all of the requirements
f
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
•. Enclosed patio addition ,additionto existing. •
oneaFamilydwelling •.
The certificate'is issued to .......... . . . . . . . . .GEORGE & MADELINE HUBER
(owaer,3%�d�rFdF
.....................
of the aforesaid building.
Suffolk County Departlnont.of Health Approval ........ . . .... . . . , A, , . , • , , . • . , , , . .
UNDERWRITERS CERTIFICATE NO ... ...... . . .. . ...... N / A
... . •................... .
Rev. 1/81
• • •
Building Inspector
Application for: William and Kristin Von Eiff
74605 Main Road, Greenport, N.Y.
Tax Map No. 1000-045-04-05
Front of Property
House and Workshop
Back of Property
House, Workshop and
Large Backyard
Workshop
Large area for our
Sign Business
i
Interior of House
Full kitchen with all major
appliances, 1/2 bathroom
and laundry room
staircase to Second Floor
in the right side of living room
nd entrance way
second Floor
hree bedrooms, full bathroom
nd access to attic
379 Riley Avenue
Mattituck, New York 11952
June 11, 1999
Southold Zoning Board of Appeals
Main Road
Southold, New York 11971
RE: 74605 Main Road, Greenport, NY Tax Map No. 1000-045-04-05
Dear Zoning Board of Appeal Members:
We are presently in contract to purchase the above stated property and existing dwelling from
Mr. Wilhelm Franken. We are at this time requesting to receive a Special Exception for a
nonconforming use of a Business Property with an attached One -Family Dwelling.
The stated property had been issued a Certificate of Occupancy Nonconforming Use in 1986,
Pre C.O. # Z14403, with an affidavit stating that the one -family dwelling had been occupied by
a family from 1970 through 1986. In 1986, a C.O. Z14481 had also been issued for an enclosed
patio addition to the existing one -family dwelling. We are planning to use the property as built
with no additional alterations at the present time. The property is still extremely suited to be
used as a business and residential dwelling. The residential dwelling contains three bedrooms, a
full kitchen and one and a half bathrooms while the business section has more than sufficient
room to accommodate our intended business.
The stated property containing the business building and attached one -family dwelling would
allow us to expand our business into sign contracting. It would give us the opportunity to grow
as a business in Southold Town while allowing us to reside on the same property.
At this time, we would like to obtain a Special Exception for this property and we thank you for
the opportunity to present this for your review.
Sinc r
a �
William and Kristin Von Eiff
74 0 Rd d
%X -Y.-
_
1 00,10=045-04-0517
CO
1 Residence (2 Floors): 1,664 sq. ft.
Business/Shop (1 Floor): 1,713 sq. ft.
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74605 Main RoadGreenport, N.Y.1000-045-04-05
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR, OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: June 15, 1999
RE: Zoning Appeal No. 4720 - Wilhelm & Silke Franken
(Von Eiff-contract vendee)
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
Transmitted herewith is Zoning Board Of Appeals Application 4720 -
Fran ken/Von Eiff. Also included are Z.B.A. Questionnaire, Applicant
Transactional Disclosure Form, copies of Certificates of Occupancy, copy
of Short Environmental Assessment Form, Letter Of Authorization, copy of
Survey, copy of Tax Map, copy of plansand photographs.
Wilhelm Franken and
Silke Franken
965 Osprey Nest Rd.
Greenport, NY 11944
June 10, 1999
To The Zoning Board of Appeals:
The undersigned are owners of certain property known as
74605 Main Road, Greenport, New York, designated on the
Suffolk County Tax Map as District 1000, Section 45, Block,
4, Lot 5.0.
We hereby consent that William Von Eiff and Kristin Von
Eiff, as our contract vendees, can make application to the
Zoning Board of Appeals for n area variance and a special
exception.
lhelm Franke
Si ke Franken
-99 ib:59 From• -219 StVkl4K` "1.SUIIE 3U5 +5161411311 I-315 P V5/12 F-618
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, I.Y.
Certificate Of Occupancy
No..... Z 14481. , .... Date . ..... June . 5.. , .... , ....,•1986,
THIS CERTIFIES that the building ... , ,enclosed patio addition ..
Location of Property 74605, .. , e . .Main. Rd Greenport
P69OVc. .... ....... ............. ..
4 5 �Ham/sc
County Tax Map No. 1000 Section ............Block' ...... 4 ......:Lot .... 5........... .
Subdivision... . ... . . . . . . .X X
..... . .. .Filed Map No. ........Lot No. ......... .. .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
,June .4 ..... 19$ 5 , pursuant to which Building Permit No. , , ? 4936Z .., , , . .
dated ......June �4 , ... _ . _ , . , , 19 8� , was issued, and conforms to all of the requirements
h f
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
Enclosed patio addition to existing one -family dwelling.
...........................
The certificate is issued to ............ . . . . ... GEORGE & MADELINE HUBER
.. (ownar,e�i .....................
of the aforesaid building.
Suffolk County Department of Health Approval ......... , , .. , , , , , N / A
......................
UNDERWRITERS CERTIFICATE NO... ...... , , N / A
......
�lC„
. ..... . 4L
Building�Inspector
now. 1/81
J �9 From -229 SLAW01 51.411E +510411321
OB --ACE Ol IILDING INSPECTOR
TuWN HALL
SOUTHOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PRMIISES
THIS IS TO CERTIFY that the
fX-1 Land
iXl Building(s)
/_! Use(s)
I M 1' U4i 11 I -f. 16
Pre C.O. #-z14403
Date- May_16,_1986
located at 74605 Main Rd. Rt. 25 Greenport
Street Hamlet
shown on County tax map as District .1000, Section 45 . Block 4
Lot 5 • , doesanot3conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufgivient total area. Insufficient front & sideyard set -backs.
Non=coafortnina with dwelling facilities.
On the basis off ginformation presented to the Building Inspector°s Office,
it has been determined thVlhe above nonconforming &/ Land / A(Building(s)
/_/Use(s) existed op the effective date the pkesent Building Zone Code of the
Town of Southold. and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
Property contains a one and one half story
cate is issued is as follows: hr: ck b ,; ldinattached to a one story
bloc)4_build_ingi attached to a one story wood framed storage building. An
accessory garage is in the rears and a hedge part way down the side line.
PjEoprty is situated -in the B-1 zone with access to Main Road.
The Certificate is issued to GEORGE H. & MADELINE L. HUBER
o: the aforesaid building. (owner, 4RftRR%ffXV"*A)
Suffolk County Department of Health Approval N/A
- - UNDERWRITERS CERTIFICATE NO. NIA
NOTICE IS HEREBY GIVEN that the owner of the above premises HAS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions,
i%uiiding inspector
14-161 (21971—Text 12
PROJECT I.D. NUMBER 617.21 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor
1. APPLICANT )SPONSOR I 2. PROJECT NAME
William and Kristin VonEiff
1. PROJECT LOCATION: 74605 Main Rd.
Municipality GrPPnpnyr County SlIffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
74605 Main Rd., Greenport, NY 11944
District 1000, Section 45, Block 4, Lot 5.1
5. IS PROPOSED ACTION:
❑ New ❑ Expansion ❑ Modlflcatlonlalteration Special exception applicant to ZBA
6. DESCRIBE PROJECT BRIEFLY:
Applicants seek to utilize existing structure and property for both
residential and business use.
7. AMOUNT OF LAND AFFECTED.
Initially 0.5371 acres Ultimately same acres
9. WILL PROPOSEDACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑ Yes 9 No If No, describe briefly Premises zoned B 1 applicants seek
special exception for two uses i.e. residential and business
S. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Foresti0pen space L'J Other
Describe: B-1
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL
STATE OR LOCAL)?
❑ Yes ENO If yes, list agency(s) and permit/aaorovals
11. DOES ANY ASPECT OF THE AC'rI.;V HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
91 Yes L N, If ye:, list agency name and permitlapproval
Current pre CO �Ff
12. AS A RESULT OF PROPOSED
ACTION
ateffiLL (I non—ConSTING AM'P0A PR vny`L F jl ��f1J6 ,TIgge in B-1 Zone
® Yes ❑ No YY�'
I CERTIFY THAT THE INFORMATION ROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
/,/,/Z 6/11/99
A optic anilspons or na Date:
r
Signature: i Z
If the action is in the Coastal Area, arid you are a state agency, complete the
Coastal Assessment Form before procoeding with this assessment
OVER
1 (Continued on reverse side)
All VI.ICAwr
°1,11RNSACTIONAt. volut
The Town of Southold's Code o[ ELhics pro111biLs corifllC-s of
inL•erest on the part, of town officers and employees. The
purpose of tliis form is Lo_ pro_v_ide_informaLion which can
alert- the Lowtl of—possible_conflicLs of inLere_st and allow
IL Lo take whatever acLion is necessary L -o avoid same.
YOUR NA"13.2 ®onEiff, William and Kristin
(Last nalite, f 1 rql: Millie, ml.dcl.[e in 11:1a1, unless
you are applying 1.11 l;lle dame of someone else or
other enL•ity, such as a company. If so, lnd[cate
Hie other person'.-.; or company' n MA"Ie . )
NATURE OF APPLICATION- (Check a .l. .l. Lha t apply- )
Tax grievance _
Wart allce - —�—_
Change of zone
Approval of pial;
Exempblon from plat or ofClr-.lal. mnp
Other. _
(IC °'Othe r," flame the ac:L1.vI I:y.) `
Do you personally (or through your Q_onipa ny, tipollne-, Filb.1.1req,
parent, or child) have a relationship with any officer or
employee of the Town of Southolal? °°Brei-aal:iorlship" includeR
by blood, maarringe, or h%ininess iatt:erecat:_ "n11"1111est3
interest" means a beAca.lnt*nva, 1.01('..1.1A<li.nat a tt:nrl:lterEalai4r, rat
wlticln the town officer or employed has evert a partial
ownership of (or employment by) a corporation in which
the town officer or employee awns more than 5% of the
shares.
YrS NO g
If you answered "YrS," complete the balance of this form anti
date and sign vhere indicated.
Name of person employed by Lhe Town of SouL•llold
'Pit•le or position of that person _
Describe file re.l.aLl.onship bel;ween yourself (the applicant)
and the town officer or employee. E t Hier check the
appropriate litre A) Lhrouyh D) and/or describe in the space
provided.
The Lown officer or employee at his or her spouse, sibling,
parent, or child is (check all that apply) a
A) the owner of greater than 5% of the shares of Lhe
corporate stock of the applicant, (when the app.lteal) l:
Is a corporaL•ion)a
B) Lhe legal or beneficial owner of any interest ].it a
noncorporate entity (when the applicant is not a
corporation);
C) an officer, director, t-)arLner, or employee of: Lhe
applicant; or
D) the actual .l. appl. tcan(:
I)1 SCR[PT1ON OF RE1.,ATIONS HIP
SubmIALed Lhls 11th day of -June _1999
Sl.dnabalr.-e
T.
2 -
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
Wilhelm and Silke Franken (owner)
William and Kristin- Von -Elft Von-Elas contrac vendees
B. Is the subject premises listed on the real estate market for
- sale or being shown to prospective buyers? ( x} Yes
( } No. (If Yes, please attach copy of "conditions" of sale.)
Applicants are contract vendees.
C. Are there any proposals to change or alter land contours?
( ) Yes (g} No
D. 1. Are there any areas which contain wetland grasses? no
2. Are the wetland areas shown on the map submitted with
this application? no
3. Is the property bulkheaded between the wetlands area and
the upland building area? no
4. If your property contains wetlands or pond areas, have
You contacted the Office of the To Trustees for its
determination of jurisdiction? N/A
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? N/A (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting,? N/A If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? IIO If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? yes If yes, please explain where or submit copies
of deeds. Tax lot 4.1 to west of subject premises is owned by Wilhelm Franken.
I. Please list present use or operations conducted at this
parcelremiss resentl t being utilized and
proposed r e business Sign nu acturang Company)
6/11/99
Authorizdd Si.gnatu=e Date
GARY FLANNER OLSEN T
ATTORNEY AT LAW
ASSOCIATE
DAVID WORTHINGTON OLSEN
ATTORNEY AT LAW
RO BOX 706 ■ MAIN
Dear Linda:
OAD _Cl!ZCUaGLIF.- Ct-'i'SLAND, NEW YORK 11935 ■ PHONE 516-734-7666
USFAX 516-734-7712
V �
EJUN 2 31999 i� f i June 22, 1999
Re: Von Eiff
Premises: 74605 Main Road
Greenport, NY
Enclosed herewith please find a copy of the contract of sale
between Franken and Von Eiff, to be made part of the Von
Eiff file.
Very truly yours,
J
GARY FLANNER OLSEN
GFO:dwo
Enclosures
Town of Southold
Zoning Board of Appeals
Attention: Linda
Main Road
Southold, NY 11971
U�...... •..,,,� , ., eme, a vo. u
®lembargFexeelslor. Publisher; NYC IOU13
Joinll7� prep4rerl by the Real Property Section of r' '1 ev York Slate Dar Association, the New York Sti
Property Lada of the Associariotl ojrhe Dar ojthe Ci New York and the Committee oil Real Property L
ind 77t1e Association, the Conitnitke on Real
WARNiNb:
the Neer York County Lawyers' Asiociation.
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE
SALE AND PURCHASE OF REAL ESTATE
COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE").
CONSULT YOUR LAWYER BEFORE SIGNING THIS
AGREEMENT
NOTE: FiRE. AND CASUALTY LOSSES AND CONDEMNATION.
This contract fora( does not provide for whal happens in (he
4�
event of fire, or other casually loss or condemnation before tilt if}o\jg. il�le�jc� ddifferentprovision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a i uic(a i responsebleL'Y�r a a`nJ''
h
i
casually loss upon laking possession of (lee Premises before lire title closing.
�/
Residential Contract of Sale
i'
Seller to any unpaid award by reason of any taking by condemna-
� ,
!� r
TOUlIrMd Of *AC made as of June Gl� 19 99
(c) If there is a mong cc escrow ac unl, Seller shall assign it
WILREIM FRANKEN and SILK FRANKEN�-
BETWEEN
Address: 965 Osprey Nest Road, Greenport, New York 11944
Closing
g
Social Security Number/ Fed. 1. D. No(s): n
hereinafter called "Seller" and
WILLIAM VON EIFF and KIRSTIN VON EIFF
Address: 379 Riley Avenue, Mattituck, New York 11952
Social Security Number/ Fed, 1. D. No(s): hereinafter called "Purchaser".
9he parties he1-ebg ggree its folln£us:
1. Premises. Seller shall sell and convey and Purchaser shall
purchase the ro erf to ml a it II b 'Id' '
V p y, g t r�wt n a ue Ings and mprove-
mcnts lhereon (collectively the "Premises'), more fully described
in ailments of $ which include principal, in r-
on a separate page marked "Schedule A", annexed hereto and
est a d escrow amounts, if any, and with any balance of pri ipal
made a part hereof and also known as:
being to and payable on
Street Address: 74605 Main Road
(b) To he extent that any required payments are m e on the
Greenport, New York
existing to rtgage between the dale hereof and Cl sing which
Tax Map Designation:
reduce the (paid principal amount thereof belo the amount
1000-45-4-5.1
shown in para rapt( 3(b), then the balance of [lie rice payable at
Together with Seller's ownership and rights, if any, to land lying in
ra
Closing under p graph 3(d) shall be increased y the amount of
the payments of tale pat. Seller represents
the bed of any street or highway, opened or proposed, adjoining
file Premises to the center line thereof, including any right of
an warrants that the
amount shown in aragraph 3(b) is subs nlially correct and
Seller to any unpaid award by reason of any taking by condemna-
agrees that only pays cuts required by the xisting mortgage will
be made between the d, a hereof and Clos' ng.
lion and/or for any damage to the Premises by reason of change
of.grade of any street or highway. Seller shall deliver at no addi-
(c) If there is a mong cc escrow ac unl, Seller shall assign it
lional cost to Purchaser, at Closing (as hereinafter defined), or
thereafter, on demand, any documents that Purchaser may
to purchaser, if it can be a igned, ant to that case Purchaser shall
pay the amount in the escrot accoul to Seller at Closing.
rea-
sonably require for the conveyance of such title and the assign-
Closing
g
men( and collection of such award or damages.
dated not more than 30 days be re Closing signed by the holder
of Ilse existing mortgage, in r i for recording, certifying file
2. Personal Property. This sale also includes all fixtures and arti-
amount of the unpaid print' al, a (late to which interest has
cies of personal property now attached or appurtenant to the
been paid and the amounts If any, c inned to be unpaid for prin-
premises, unless specifically excluded below. Seller represents and
cipal and interest, ilefttizi g flee In eller shall pay flee fees for
warrants that at Closing they will be paid for and owned by Seller,
recording such cerlifica . If the holder the existing mortgage is
free and clear of all liens and encumbrances, except any existing
a bank or other instill ton as defined in S lion 274-a of the Real
mortgage to which this sale may be subject. They include, but arc
Properly Law it in, , instead of the cerli ate, furnish a letter
not limited to, plumbing, heating, lighting and cooking fixtures,
signed by a duly ulhorized officer, emplo ee or agent, dated
bathroom and kitchen cabinets, mantels, door mirrors, switch
not more [hall 0 days before Closing, cot wining the same
plates and door hardware, venetian blinds, window treatments,
information.
shades, screens, awnings, storm windows, storm doors, window
(e) Seller presents and warrants that (i) Seller It delivered to
boxes, mail box, TV aerials, weather vane, flagpole, pumps,
shrubbery, fencing, outdoor statuary, tool shed, dishwasher, wash-
Purchaser tic and complete copies of the existing n rtgage, the
note secu ed thereby and any extensions and nnodificato s thereof,
ing machine, clothes dryer, garbage disposal unit, range, oven,
refrigerator, freezer, air conditioning equipment and installations,
(ii) the xisting mortgage is not now, and at the time o Closing
will I t be, in default, and (iii) (he existing mortgage d s
wall to wall carpeting and buil(-ins not excluded below (strike out
not
con in any provision that permits the holder of the moriga to
inapplicable items).
re uire its immediate payment in full or to change any other t n
As are now on the premises
'
Excluded from this sale are furniture and household furnishings
and
3. Purchase Price. The purchase price is
$ 200,000.00
payable as follows:
(a) on the signing of this contract, by Purchaser's check payable
to the Escrowee (as hereinafter defined), subject to collection, the
receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract (the "Downpayment'):
$ 7,000.00
(b) by allowance for the principal amount unpaid on the exist-
ing mortgage on the date hereof, payment of which Purchaser
shall assume by joinder in the deed: $ —0—
(c) by a purchase money note and mortgage from Purchaser to
Scher: $ -130,000.00
(d) balance at Closing in accordance with paragraph 7:
$ -63,000.00
4.
to an existing mortgage as indicated it 31,oy a ove:
(a) The Pre conveyed subject to the continuing
e, wkh
5. Purchase Money Mortgage. (Delete if inapplicable) if there is
to be a purchase money mortgage as indicated in paragraph 3(c)
above:
(a) The purchase money note and mortgage shall be drawn by
the attorney for Seller in [lie form attached or, if not, in the stand-
ard form adopted by the New York State Land Title Association.
Purchaser shall pay at Closing the mortgage recording tax, record-
ing fees and the attorney's fees in the amount of $ 350.00
for its preparation.
IN0.1— Dole 2114, 11100 --
that t ' subject and subordinate to the Iien of the existing rt -
gage an ply extensions, modifications, replacements o onsoli-
dalions of (h xisting mortgage, provided that (i) th interest rate
thereof shall not rester than pert per annum and
the total debt scrvi thereunder slnal of be greater (hall
$ per ant , and " If [Ire principal amount
thereof shall exceed lite amoun rincipal owing and unpaid on
the existing mortgage at the t' o lacing such new mortgage or
consolidated mortgage, t excess be id to the holder of such
( purchase money mor , ge in reduction he principal (hereof.
The purchase mo mortgage shall also pr ' Ie that such pay-
mcnl to the der thereof shall not alter or a t the regular
inslallmen , if any, of principal payable thereunder (I that the
holder iereof will, on demand and without charge titer , exe-
cu , acknowledge and deliver any agreement or agree its
6. Downpayment in isscrow. (a) Seller's attorney ("Escrowee")
shall (told the Downpayment for Seller's account in escrow in a
segregated bank account at The Bank of New York,
Garden City, New York
until Closing or sooner termination of this contract .and shall pay
over or apply the Downpayment in accordance with the terms of
this paragraph. Escrowee shall (plot) (Delete if inapplicable) hold
the Downpayment in an interest-hea inft accnunl for the hanefil of
the Ir,Pltics.'j If interest is held for the benefit of the; parties, it shall
be paid to 41ic party entitled to the Downpay l and the party
receiving the interest shall pay any income la) lereon. If inter-
est Is not 1Itjeld for the benefit of the parties, the Downpayment
shall be phiced in an 1O1_A account or as otherwise permitted or
required by law. The Social Security or Federal Identification
numbers of Ilre parties shall be furnished to Escrowee upon
request. At Closing, the Downpayment shall be paid by Escrowee
to Seller. If for any reason Closing does not occur and cilbcr party
gives Notice (as defined in paragraph 25) to Escrowee demanding
payment of the Downpayment, Escrowee shall give prompt Notice
to the other party of such demand. If Escrowee does not receive
Notice of objection from such other party to the proposed pay-
ment within 10 business days after the giving of such Notice,
Escrowee is hereby authorized and directed to make such pay-
ment. If Escrowee does receive such Notice of objection within
such 10 day period or if for any other reason Escrowee in good
faith shall elect not to snake such payment, Escrowee shall con-
tinuc to hold such amount until otherwise directed by Notice from
the parties to this contract or a final, nonappealable judgment,
order or decree of a court. I lowever, Escrowee shall have the right
at any time to deposit the Downpayment and the interest thereon
with the clerk of a court in the courtly in which the Premises are
located and shall give Notice of such deposit to Seller and Pur-
chaser. Upon such deposit or other disbursement in accordance
with the terms of this paragraph, Escrowee shall be relieved and
discharged of all further obligations and responsibilities hereunder.
(b) The parties acknowledge that, although Escrowee is holding
the Downpayment for Seller's account, for all other purposes
Escrowee is acting solely as a stakeholder at their request and for
their convenience and that Escrowee shall not be liable to either
party for any act or omission on its part unless taken or suffered
in had faith or in willful disregard of this contract or involving
gross negligence on tile part of Escrowee. Seller and Purchaser
jointly and severally agree to defend, indemnify and hold
Escrowee harmless from and against all costs, claims and expenses
(including reasonable attorneys' fees) incurred in connection with
the performance of Escrowee's duties hereunder, except with
respect to actions or omissions 'taken or suffered by Escrowee its
bad faith or in willful disregard of this contract or involving gross
negligence on the part of Escrowee.
(c) Escrowee may act or refrain from acting in respect of any
matter referred to herein in full reliance upon and with the advice
of counsel which may be selected by it (including any member of
its firm) and shall he fully protected in so acting or refraining from
action upon the advice of such counsel.
(d) Escrowee acknowledges receipt of the Downpayment by
check subject to collection and Escrowee's agreement to the provi-
sions of this paragraph by signing in the place indicated ort the
signature page of this contract.
(c) Escrowec or any member of its firm shall be permitted to act
as counsel for Seller in any dispute as to the disbursement of lite
Downpayment or any other dispute between the parties whether
or not Escrowee is in possession of the Downpayment and con-
tinues to act as Escrowee.
7. Acceptable Funds. All money payable under this contract,
unless otherwise specified, shall be paid by:
(a) Cash, but not over.$1,000.00;
(b) Good certified check of Purchaser drawn on or official
check issued.by any bank, savings batik, trust company or savings
and loan association having•a banking office its the Slate of New
York, unendorsed and payable to the order of Seller, or as Seller
may otherwise direct upon not less than 3 business days notice (by
telephone or otherwise) to Purchaser;
(c) As to money other than the purchase price payable to Seller
at Closing, uncerlified check of Purchaser up to the amount of
$ 500.00 ;and
(d) As otherwise agreed to in writing by Seller or Seller's
attorney.
of Purchaser hereunder are conditioned upon issuance onAr
before '19 , (the "Ca tnit-
mcnl Date") of a written commitment from any lnsti tiornal
Lender pursuant to which such Institutional LenJer grecs to
make a first mortgage loan, other than aVA, FI or other
governmentally insured loan, to Purchaser, afl Pur laser's sole
cost and expense, of $ or such lesser
suns as Purchaser shall be willing to accept, at a prevailing fixed
talc of interest not to exceed initial adjustable rale
of interest not to exceed for term of at least
years and on other customary commit ent terms, whether or not
conditional upon any factors other all an appraisal satisfactory
to the Inslitulional Lender. For fill uses of this contract, file term
"Institutional Lender" shall thea any bank, savings bank, private
banker, trust company, savings nd loan association, credit union or
similar banking institution w [her organized render file laws of this
slate, the United Stales or a other slate; foreign banking corporation
licensed by lire Superi entlent of Banks of New York or lire
Comptroller of [lie Cur ney to transact business in New York Slate;
insurance company d y organize) or licensed to do business in New
York Stale; mortga banker licensed pursuant to Article 12-D of lire
Banking Law; nn any instrunrenlaMy created by the United Stales or
any state with c power to make mortgage loans. Purchaser shall (i)
make prom , pplicalion loan Institutional Lender for such mortgage
loan, (ii) 1rnish accurate and complete information regarding
B'urchase apd members of Purchaser's family, as required, (iii) pay all
fees, p urls� and charges required in connection with such application
and an, (iv) pursue such application with diligence, (v) coopernte in
ger cl faith •wilh such Inslilulional Lender to obtain such conunitnnent
11iiLtrrututrrl�.Iticc-_11I Sc.al4:n 41f ilia_oar;m-.nml,m,l,l,v,-4..•.r.•.,;, •r.
Purchaser shall coin iilh all requirements of such co(rutlilr [it
(or any other comm! t accepted by Purchaser) and shall roish
Seller with a copy thereof promptly after receipt thereof f such
commitment is not issued oil or before (lie Commitment ale, then,
unless Purchaser has accepted a commitment that does n comply with
the requirements set forth above, Purchaser may cance his contract by
giving Notice to Seller within 5 business days aft the Commitment
Date, in which case this contract shall be rlecme cancelled and there-
after neither party shall have any further rights ainst, or obligations or
liabilities to, the other by reason of this n(mcl, except that the
Downpayment shall be promptly refund to Purchaser and except
as set forth in paragraph 27. If Pur aser fails to give notice of
cancellation or if Purchaser shall ac pt a commitment that docs not
comply wilh the terms setforth ab e, then Purchaser shall be deemed
to have waived Purchaser's right cancel this contract and to receive a
refund of file Downpayment b reason of the contingency contained in
this paragraph. (Delete if it pplicable) (b) Purchaser and Seller agree
that tine submission of at pplicalion to a mortgage broker registered
pursuant to Article 12- of Ilse New York Banking Law ("Mortgage
Broker' °) shall consti lc full compliance with thm
e terms and conditions
set forth in para , ph 8(a)(i) of this contract, and Ilia[ Purchaser's
cooperation in ood faith with such Mortgage Broker to obtain a
commitment out an Institutional Lender (together with Purchaser's
cooperatio its good faith with any Institutional Lender to which
Purchase s application has been submitted by such Mortgage Broker),
and Ill rompt giving of Notice by Purchaser to Seller of lire name and
add ss of each Mortgage Broker to which Purchaser has submitted
st l an application shall constitute full compliance with the terms and
9, Permitted Exceptions. The Premises are sold and shall be con-
veyed subject to:
(a) Zoning and subdivision laws and regulations, and landmark,
historic or wetlands designation, provided that they are not vio-
lated by the existing buildings and improvements erected on the
property or their use;
(b) Consents for the erection of any structures on, under or
above any streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and corni-
ces, if any, upon any street or highway;
(d) Real estate taxes that are a lien, but are not yet dile and
payable; and
(e) Tile other matters, if any, including a survey exception, set
forth in a Rider attached.
10. Governmental Violations and Orders. (a) Seller shall comply
with all notes or notices of violations of law or municipal
ordinances, orders or requirements noted or issued as of the date
hereof by any governmental department having authority as to
lands, housing, buildings, fire, health, environmental and labor
conditions affecting the Premises. The Premises shall be conveyed
free of them at Closing. Seller shall furnish Purchaser with any
authorizations necessary to make elle searches that could disclose
these mailers.
raise�inctjrrc
ant to the Adrninislral' le City of New
York ung and payable in money shall be dis-
.....ged by Seller a! or pFimoP4o-0o%iffg.
11. Seller's Represenlalions. (a) Seller represents and warrants
to Purchaser that:
(i) The Premises abut or have a right of access to a public
road;
(ii) Seller is the sole owner of (Ise Premises and has the full
right, power and authority to sell, convey and transfer the salve in
accordance with (lie terms of this contract;
(iii) Seller is not a "foreign person", as that term is defined
for purposes of the Foreign Investment in Real Property Tax Act,
Internal Revenue Code ("IRC') Section 1445, as amended, and
lite regulations promulgated thereunder (collectively " FIRPTA`);
(iv) The Premises are not affected by any exemptions or
abatements of taxes; and
(v) Seller has been known by no other name for the past ten
years, except
(b) Seller covenants and warrants that all of the representations
and warranties set forth in this contract shall be true and correct
at Closing.
(c) Except as otherwise expressly set forth in this contract, Clone
of Seller's covenants, representations, warranties or other obliga-
tions contained in this contract shall survive Closing.
12. Condition of Property. Purchaser acknowledges and repre-
sents that Purchaser is fully aware of the physical condition and
slate of repair of the Premises and of all other property included
in (his sale, based on Purchaser's own inspection and investigation
thereof, and that Purchaser is entering into this contract based
solely upon such inspection and investigation and not upon any
information, data, statements or representations, written or oral,
as to lire physical condition, state of repair, use, cost of operation
or any other matter related to the Premises or the other properly
included in the sale, given or made by Seller or its representatives,
and shall accept the same "as is" in their present condition and
stale of repair, subject to reasonable use, wear, tear and natural
deterioration between the date hereof and the date of Closing
(except as otherwise set forth in paragraph 16(f)), without any
reduction in the purchase price or claim of any kind , for any
change in such condition by reason thereof subsequent to4he date
of this contract. Purchaser and its authorized represenlatIves shall
have elle right, at reasonable limes and upon reasonable splice (by
telephone or o(herwise) to Seller, to inspect the I'renuses before
('1
1.1. IusurablO Tille. Seller shall give and Purchaser shall accept
such lit.lc as 'a reputable New York title insurance
company
shall "be will hg to approve and insure in accoruance with its
standard,fort)t of title policy approved by the New York Stale
Insurance Department, subject only to the matters provided for in
this contract.
14. Closing, Deed and Title. (a) "Closing" means the settlement of
the obligations of Seller and Purchaser to each other under this
contract, including the payment of the purchase price to Seller,
and the delivery to Purchaser of a bargain and sale with
covenant against grantor's acts
deed in proper statutory short form for record, duly executed and
acknowledged, so as to convey to Purchaser fee simple title to the
Premises, free of all encumbrances, except as otherwise herein
stated. The deed shall contain a covenant by Seller as required by
subd. 5 of Section 13 of the Lien Law.
(b) If Seller is a corporation, it shall deliver to Purchaser at lire
time of Closing (i) a resolution of its Board of Directors authoriz-
ing file sale and .delivery of the deed, and (ii) a certificate by the
Secretary or Assistant Secretary of tl►e corporation certifying such
resolution and setting forth facts showing that the transfer is in
conformity with the requirements of Section 909 of the Business
Corporation Law. The deed in such case shall contain a recital
sufficient to establish compliance with that Section.
15. Closing Dale and Place. Closing shall take place at the office
of LIMONCELLI, NAGLE & SPERENDI
229 Seventh Street, Suite 305
Garden City, New York 11530
at 10:00 Mclock on orabout August 15 1999
or, upon reasonable notice (by telephone or otherwise) by Pur-
chaser, at the office of
16. Conditions to Closing. This contract and Purchaser's obliga-
tion to purchase the Premises are also subject to and conditioned
upon the fulfillment of the following conditions precedent:
(a) The accuracy, as of the dale of Closing, of lite representa-
tions and warranties of Seller made in this contract.
(b) The delivery by Seller to Purchaser of a valid and subsisting
Certificate of Occupancy or other required certificate of com-
pliance, or evidence that none was required, covering the build-
ings) and all of the other improvements located on the properly
authorizing their use as a family dwel-
ling at lite date of Closing.
sworn affidavit (in form prescribed by law) claiming exempli of
the sale contemplated hereby, if such be the case, under rlicle
31-I1 of lite l ax Law of lite Stale of New York and t Itcgula-
lions promulgated thereunder, as the same may be . ended from
time to time (collectively the "Gains Tax Law" • or if such sale
shall not be exempt under the Gains Tax L. ,Seller and Pur-
chaser agree to comply in a timely mannerWith the requirements
of the Gains Tax Law and, at Closing, , er shall deliver to Pur-
chaser (i) an official return slowing r tax due, or (ii) an official
return accompanied by a certified official bank check drawn on
a New York State banking inst' tion payable to lite order of lite
New York State Deparlme of Taxation and Finance in the
amount of the tax shown o be due thereon. Seller shall (x) pay
promptly any addition ax that may become due under the Gains
Tax Law, together rth interest and penalties thereon, if any,
which may be as sed or become due after Closing, and/or exe-
cute any other ocumenls that may be required in respect thereof,
and (y) ind nify, defend and save Purchaser harmless from and
against y of the foregoing and any damage, liability, cost or
expel (including reasonable attorneys' fees) which may be suf-
fcr or incurred by Purchaser by reason of the nonpayment (here -
(d) The delivery by Seller io Purchaser of a certification stating
that Seller is not a foreign person, which certification shall be in
the form then required by FIRPTA. If Seller fails to deliver the
aforesaid certification or if Purchaser is not entitled under
FIRPTA to rely on such certification, Purchaser shall deduct and
withhold from the purchase price a sum equal to 10% thereof (or
any lesser amount permitted by law) and shall at Closing remit the
withheld amount with the required forms to the Internal Revenue
Service.
(c) The delivery of the Premises and all building(s) and improve-
ments comprising a part thereof in broom clean condition, vacant
and free of leases or tenancies, together with keys to the Premises.
any), heating and air conditioning, if an e • . nmechant-
,,Deal systems, equipment ane y In the building(s) located
r on thepro . appliances which arc included in this sale
b
(g) If the Premises are a one or two family house, delivery by
II►e parties at Closing of affidavits in compliance with slate and
local law requirements to the effect that there is installed in the
Premises a smoke detecting alarm device or devices.
(h) The delivery by the parties of any other affidavits required
as a condition of recording the deed.
17. Deed Transfer and Recording Taxes. Al Closing, certified or
official bank checks payable to the order of the appropriate Slate,
City or Cdunly officer in the amount of any applicable transfer
and/or recprding tax payable by reason of the delivery or record-
ing of the aced or mortgage, if any, shall be delivered by the party
requited by law or by this contract to pay such tianster.and/or
recording tax, together with any required tax returns dilly exe-
cuted and sworn to, a uch party shall cause any such checks
and returns to be del d to the appropriate officer p4ontptly
after Closing. The obligation to pay any additional tax br defi-
cicncy and any interest or penalties thereon shall survive Clbsing.
18. Apportionments and Other Adjustments; Water Meter and
Installment Assessments. (a) "ro lite extent applicable, the follow-
ing shall be apportioned as of midnight of the day before the day
of Closing:
(i) taxes, water charges and sewer rents, on (lie basis of the
fiscal period for which assessed; (ii) fuel; (iii) interest on the exist-
ing mortgage; (iv) premiums on existing transferable insurance
policies and renewals of those expiring prior to Closing; (v) vault
charges; (vi) rents as and when collected.
(b) if Closing shall occur before a new tax rate is fixed, the
apportionment of taxes shall be upon the basis of the lax rate for
lite immediately preceding fiscal period applied to the latest
assessed valuation.
• (c) if there is a water meter on lire Premises, Seller shall furnish
a reading to a date not more than 30 days before Closing and the
unfixed meter charge and sewer rent, if any, shall be apportioned
on the basis of such last reading.
(d) If at the date of Closing the Premises are affected by an
assessment which is or may become payable in annual install-
ments, and the first installment is then a lien, or has been paid,
then for the purposes of (his contract all the unpaid installments
shall be considered due and shall be paid by Seller at or prior to
Closing.
(e) Any errors or omissions in computing apportionments or
other adjustments at Closing shall be corrected within a reason-
able time following Closing. This subparagraph shall survive
Closing.
19. Allowance for Unpaid Taxes, etc. Seller has the option to
credit Purchaser as an adjustment to the purchase price with the
amount of any unpaid taxes, assessments, water charges and sewer
rents, together with any interest and penalties thereon to a date
not less than five business days after Closing, provided that official
bills therefor computed to said date are produced at Closing.
20. Use of Purchase Price to Remove. Encumbrances. If at Clos-
ing there are other liens or encumbrances that Seller is obligated
to pay or discharge, Seller may use any portion of lite cash bal-
ance of the purchase price to pay or discharge them, provided
Seller shall simultaneously deliver to Purchaser at Closing instru-
ments in recordable form and sufficient to satisfy such liens or
encumbrances of record, together with the cost of recording or
filing said instruments. As an alternative Seller may deposit suffi-
cient monies with lite title insurance company employed by,Pur-
chaser acceptable to and itquired by it to assure their discharge,
but only if the title insurance company will insure Purchaser's title
clear of lite matters or insure against their enforcement out of the
Premises and will insure Purchaser's Institutional Lender clear of
such mailers. Upon notice (by telephone or otherwise), given not
less than 3 business clays before Closing, Purchaser shall provide
separate certified or official bank checks as requested to assist in
clearing up these matters.
21. Title Examination; Seller's Inability to Convey; Limitations of
Liability. (a) Purchaser shall order an examination of title in
respect of the Premises from a title company licensed or aulho-
rizcd to issue title insurance by the New York State Insurance
Department or any agent for such title company promptly after
the execution of this contract or, if this contract is subject to the
mortgage contingency set forth in paragraph. 8, after a mortgage
commitment has been accepted by Purchaser. Purchaser shall
cause a copy of the title report and of any additions thereto to be
delivered to the attorney(s) for Seller promptly after receipt thereof.
(b)(i) If at the date of Closing Seller is unable to transfer title to
Purchaser in accordance with this contract, or Purchaser has other
valid grounds for refusing to close, whether by reason of liens,
encumbrances or other objections to title or otherwise (herein col-
leclively called "Defects"), other than those subject to which Pur-
chaser is obligated to accept title hereunder or which Purchaser
may have waived and other than those which Seller has herein
expressly agreed to remove, remedy or discharge and if Purchaser
shall be unwilling to waive the same and to close title without
abatement of the purchase price, then, except as hereinafter set
forth, Seller shall have the right, at Seller's sole election, either to
lake such action as Seller may deem advisable to remove, remedy,
discharge or comply with such Defects or to cancel this contract;
(ii) if Seller elects to lake action to remove, remedy or comply with
such Defects, Seller shall be entitled from time to time, upon
Notice to Purchaser, to adjourn the date for Closing hereunder for
a period or periods not exceeding 60 days in the aggregate (but not
extending beyond the date upon which Purchaser's mortgage
commitment, if any, shall expire), and the date for Closing shall be
adjourned to a date specified by Seller not beyond such period. If
for any reason whatsoever, Seller shall not have succeeded in re-
moving, remedying or complying with such Defects at the expira-
lion of such adjournment(s), and if Purchaser shall still be unwil-
ling to waive the same and to close title without abatement of the
purchase price, then either party may cancel this contract by
Notice to lite other given within 10 days after such adjourned dale;
(iii) notwithstanding the foregoing, the existing mortgage (unless
this sale is subject to the same) and any matter created by Seller
after the date hereof shall be released, discharged or otherwise
curet! by Seller at or prior to Closing.
(c) If this contract is cancelled pursuant to its terms, other than
as a result of Purchaser's default, this contract shall terminate and
come to an end, and neither party shall have any furlllFr rights,
obligations or liabilities against or to the other hereunder or other-
wise► excdpt II►al: (i) Seller shall promptly —F -Ind or cause the
Escrowee 1'o refund the Downpaymenl to P aser and, unless
ca,t►celled hs a result of Purchaser's default (__ ,__jrsuant to para-
graph 8, 1'6 reimburse Purchaser for the net cost of examination of
lisle, ificlutling any appropriate additional charges related thereto,
and lite net cost, if actually paid or incurred by Purchaser, for
updating [Ise existing survey of [fie Premises or of a new survey,
and (ii) the obligations tinder paragraph 27 shall survive the ter-
mination of [his contract.
22. Affidavit as to Judgments, Bankruptcies, etc. If a title exami-
nation discloses judgments, bankruptcies or other returns against
persons having names the same as or similar to that of Seller,
Seller shall deliver an affidavit at Closing showing that they are
not against Seller.
23. Defaults and Remedies. (a) If Purchaser defaults hereunder,
Seller's sole remedy shall be to receive and retain the Downpay-
ment as liquidated damages, it being agreed that Seller's damages
in case of Purchaser's default might be impossible to ascertain and
That the Downpaymenl constitutes a fair and reasonable amount
of damages under the circumstances and is not a penalty.
(b) If Seller defaults hereunder, Purchaser shall have such
remedies as Purchaser shall he entitled to at law or in equity, includ-
ing, but not limited to. specific performance.
24. Purchaser's Lien. All money paid on account of this contract,
and the reasonable expenses of examination of title to the Premises
and of any survey and survey inspection charges, are here-
by made liens on the Premises, but such liens shall not continue after
default by Purchaser under this contract.
25. Notices. Any notice or other communication ("Notice") shall be
in writingand either (a) sent by either of the parties hereto or by their
respective attorneys who are hereby authorized to do so on their
behalf or by the Escrowee, by registered or certified mail, postage
prepaid, or
(b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for
the parry and the Escrowee, to whom the Notice is to be given, or to
such other address as such party or Escrowee shall hereafter desig-
nate by Notice given to the other party or parties and the Escrowee
pursuant to this paragraph. Each Notice mailed shall be deemed
given on the third business day following the dale of mailing the
same, except that any notice to I?scrowee shall be deemed given only
upon receipt by Escrowee and each Notice delivered in person or by
overnight courier shall be deemed given when delivered.
26. No Assignment. "Phis conlracl may not be assigned by Purchaser
without the prior written consent of Seller in each instance and any
purported assignmenl(s) made without such consent shall be void.
27. Broker. Seller antl Purchaser each represents and warrants to il►e
other that it has not i with any real estate broker in connection with
[his sale other than
Century 21 Albertson Realty
("Broker") and Seller shall pay Broker any commission earned pur-
suant to a separate agreement between Seller and Broker. Seller and
Purchaser shall indemnify and defend each olher against any costs,
claims and cxpcnses, including reasonable allorneys' fees, arising out
of the breach on their respective parts of any representation or
agreement contained in this paragraph. f I►e provisions of this para-
graph shall survive Closing or, if Closingdoes not occur, the termina-
tion of this contract.
28. Miseellaneous. (a) All prior understandings, agreements, repre-
sentations and warranties, oral or written, between Seller and Pur-
chaser are merged in this contract; it completely expresses their full
agreement and has been entered into aflcr full investigation, neither
party relying upon any statement made by anyone else that is not set
forth in this contract.
(b) Neiihcr this contract nor any provision thereof maybe waived,
changed or cancelled except in writing. This contract shall also apply
to and bind the heirs, distributees, legal representatives, successors
and permitted assigns of the respective parties. The parties hereby
authorize their respective attorneys to agree in writing to any changes
in dates and time periods provided for in (Itis contract.
(c) Any singular word or term herein shall also be read as in the
plural and the neuter shall include the masculine and feminine
gender, whenever the sense of this contract may require it.
(d) The captions in this contract are for convenience of reference
only and in no way define, limit or describe the scope of this contract
and shall not be considered in the interpretation of this contract or
any provision hereof.
(c) This contract shall not be binding or effective until duly exe-
cuted and delivered by Seller and Purchaser.
(f) Seller and Purchaser shall comply with lRCreporting require-
ments, if applicable. This subparagraph shall survive Closing.
(g) Each party shall, at any time and from time to time, execute,
acknowledge where appropriateand deliversuch further instruments
and documents and lake such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of
this contract. This subparagraph shall survive Closing.
(h) "this conlracl is intended for the exclusive benefit of the parties
hereto and, except as otherwise expressly provided herein, shall not
be for the benefit of, and shall not create any rights in, or be
enforceable by, any other person or entity.
INYVITNESS WFIE , his contract has been duly executed by the parties eto.
&ZL�
........ ..(;,,/) .............................................................................. •..... . . ...... ..
.. ........................................................................................
WI Seller WILLIAM VON EI Purchaser
..... ......
...,IFItANRLN...................................................................................... ! . c/ -1.. .
.. . ...............................................................
Seller RI TIN VON EIFF Purchaser
Attorney for Seller:
LDIONCELLI, NAGLE & SPERENDI
Address: 229 Seventh Street, Suite 305
Carden City, New York 11530
Tel.: (516) 742-3777 Fax: (516) 742-1321
Receipt of the Downpayment is acknowledged and the undersigned
agrees to act in accordance with the provisions of paragraph 6 above.
( antra rt of 4al e
TITLE No.
Attorney for Purchaser:
GARY PLANNER 0LSEN, ESQ.
Address: Main Road, Box 706
Cutchogue, New York 11935
Tel.: (516) 734-7666 Fax: (516) 734-7712
................................................................................................................................
. Esrron•ee
Section
Block
Lot
County or Town
Street Number Address
PREMISES
CPA and IIUD Lead Paint Regulations: Owners of pre -1978 housing must disclose known lead-based paint hazprds
to purchasers. Use the following BLUMBERG LAW PRODUCTS (800 LAW MART) to comply:
3140 Information Booklet 3142 Disclosure 1'orni, Sale of Residence
3143WIN Disclosure farm smftwnir
" Sample uisclosure Format for Target Housing Sales
Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978
is notified that such property may present exposure to lead from lead-based paint that may place young children
at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological
..damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on lead-based paint hazards from risk assessments
or inspections in the se/lei's possession and notify the buyer of any known lead-based paint hazards. A risk
�A!!ssment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Ir's
Disclosure (initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check one below):
Seller has provided the purchaser with all available records and reports pertaining to lead-based paint
and/or lead-based paint hazards in the housing (list documents below).
Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
(e) Purchaser has (check one below):
Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or
inspection for the presence of lead-based paint and/or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based
paint and/or lead-based paint hazards.
Agent's Acknowledgment (initial)
(f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of
his/her responsibility to ensure compliance.
Certification of Accuracy
The fo lowing parties have reviewed the information above and certify, to the best o eir knowledge, that the
info provided a gnato is true and a curate.
a
�/S"9
el jr WILHUM FRANREN D to S effer SILKE FRANKEN
Date
F LIZ
Date Date
Pu chaser WILL�& VON EIFF Date Purchaser RIRSTI N EIFF Date
RIDER TO CONTRACT
SELLERS: WILHELM FRANKEN and SILKE FRANKEN
PURCHASERS: WILLIAM VON EIFF and KIRSTIN VON EIFF
PREMISES: 74605 Main Road, Greenport, New York 11944
29. SUBJECT TO. In addition to any other "subject to"
clauses herein contained, said premises are sold subject to:
a. Any state of facts an accurate survey may
show, provided same does not render title unmarketable.
b. Covenants and restrictions, utility easements
and agreements, and driveway easements of record, if any are
still in force and effect, providing same are not violated by the
present structure/s on the premises and the present use thereof.
However, it shall not be an objection to title if Purchaser's
title insurance company is willing to insure that any structure
which violates any covenant or restriction may remain in its
present location so long as same shall stand.
30. TITLE OBJECTIONS. Supplementing paragraph 21
hereof, the Purchaser shall notify Seller's attorney of any
objection to title at least ten (10) days prior to the closing
date herein, and Seller shall have a reasonable time within which
to remove same. If any objection cannot be removed without the
commencement of legal and/or court proceedings, or if it would
involve the expenditure of more than $1,500.00 to do so, then
Seller shall have the right to cancel this contract in accordance
with the provisions of paragraph 1121" hereof. However, the
monetary limitation of $1,500.00 shall not apply to existing
mortgages, judgments, tax liens, warrants and mechanics' liens
and other encumbrances of record.
31. PLUMBING HEATING ETC. Seller represents that the
plumbing, heating and electrical systems and appliances will be
in working order and the roof shall be free from leaks at date of
closing, or date of possession pursuant to paragraph 35 hereof
whichever is later. As to any defective appliance, the Seller
shall have the option of repairing same or crediting Purchaser
with $150.00 per appliance at closing. This clause shall not
survive delivery of the deed or date of possession pursuant to
paragraph 35 hereof, whichever is later.
32. TERMITES. The Purchaser shall have the right, at
Purchaser's expense, to have the premises inspected for the
purpose of determining the existence of active termite or other
wood destroying insect infestation or damage. In the event
active termite or other wood destroying infestation or damage is
found, a copy of the report issued by the termite company or
other written notice shall be served upon the Seller's attorney
within twenty (20) days from the date Purchaser's attorney
receives a fully executed copy hereof. Upon receipt of such
notice by the Seller's attorney, the Seller may do one of the
following: (a) have a licensed exterminator treat the active
termite or other wood destroying insect conditions and furnish
Purchaser with a one (1) year guarantee, and have the damage, if
any, repaired at Seller's own cost and expense, in which event
the Purchaser agrees to consummate this transaction pursuant to
the further terms hereof; or (b) terminate the contract by
refunding the sums paid hereunder by the Purchaser. Notice of
the Seller's intent to exercise either option shall be sent to
Purchaser's attorney within tell (10) days after receipt of the
termite report by the Seller's attorney.
In the event the Purchaser fails to have the
premises inspected or fails to serve said written notice
postmarked or hand delivered no later than twenty (20) days from
the date Purchaser's attorney receives a fully executed copy
hereof, the Purchaser shall be deemed to have waived the
provisions of this clause and this contract shall remain in full
force and effect. Anything to the contrary notwithstanding, it
is agreed that in the event active termite or other wood
destroying insect infestation or damage is present, Purchaser may
waive Purchaser's rights under this clause.
33. PRIOR SALE. In the event Purchaser presently owns
a home, Purchaser is hereby advised that the Seller will
condition the within sale upon the sale of such home. The purchasers
are presently under contract to sell their home located at 379 Riley Avenue,
Mattituck, New York and a copy of said contract is annexed hereto. The purchase
from Franken is subject to the closing of the purchaser's present home pursuant
to said attached contract.
34. VIOLATIONS. Anything herein to the contrary
notwithstanding, in the event the total cost of removing all
violations against the premises which are the Seller's obligation
to remove under paragraph "lo" hereof shall exceed the sum of
$1,000.00, the Seller shall have the right to terminate this
contract by returning to the Purchaser the contract down payment,
and upon such repayment this contract shall be deemed cancelled
and neither of the parties hereto shall be under any obligation
to the other party. If the Seller does exercise the right to
terminate this contract because of the cost of the removal
thereof, the Purchaser shall have the right to take title subject
to such violations and then upon the passing of title, the Seller
shall be released from any and all obligations or liability in
connection with such violations.
35. LEAD-BASED PAINT. The Purchaser shall have the
right, at Purchaser's expense, to conduct a risk assessment or
inspection of the property for the presence of lead-based paint
and/or lead-based paint hazards. In the event deficiencies are
found, a copy of the report issued by the inspecting company or
other written notice shall be served upon the Seller's attorney
within twenty (20) days from the date Purchaser's attorney
receives a fully executed copy hereof. Upon receipt of such
notice by the Seller's attorney, the Seller may do one of the
following: (a) correct the condition and furnish the Purchaser
with a certificate from a risk assessor or inspector, certifying
that the condition has been remedied, in which event the
Purchaser agrees to consummate this transaction pursuant to the
further terms hereof; or (b) terminate the contract by refunding
the sums paid hereunder by the Purchaser. Notice of the Seller's
intent to exercise either option shall be sent to Purchaser's
attorney within ten (10) days after receipt of the report by the
Seller's attorney.
In the event the Purchaser fails to'have the premises
inspected or fails to serve said written notice postmarked or
hand delivered no later than twenty (20) days from the date
Purchaser's attorney receives a fully executed copy hereof, the
Purchaser shall be deemed to have waived the provisions of this
clause and this contract shall remain in full force and effect.
Anything to the contrary notwithstanding, it is agreed that in
the event lead-based paint and/or lead-based paint hazards are
found, Purchaser may waive Purchaser's rights under this clause.
36. USE APPROVALS. This contract is conditioned upon
Purchasers obtaining at their own cost and expense, approvals
from the TOWN OF SOUTHOLD for the use of the premises as a one
family residence and allowing the use of the premises for the
business of sign construction, on or before sixty (60) days from
the date of this contract. If said approvals are not so
obtained, or if the TOWN OF SOUTHOLD shall require any
modification to the existing structures in order to grant such 3�_
approvals, the cost of which shall exceed the sum of $1,500.00,
then purchaser . shall have the right to cancel this contract by
giving written notice to the other party and this contract shall
be deemed null and void, except that Sellers shall promptly
refund the down payment to the Purchasers. Purchasers agree to
make prompt application for such approvals and Sellers agree to
execute such documents as the Town may reasonably require from
the Owner. Purchaser shall have option to waive this contingency paragraph
and proceed with a closing.
31. PURCHASE MONEY NOTE AND MORTGAGE.
a) The purchase money note and mortgage referred
to in paragraph 3(c) hereof, shall be due ten (10) years from
date of closing with interest at 6.5% payable in equal monthly
installments of $821.70 per month (based on a 30 year
amortization rate) commencing one (1) month after closing.
b) The purchase money note and mortgage shall
provide as follows:
i) In the event the mortgagor shall sell,
assign, transfer or otherwise convey all or part of the within
premises or any interest therein or in the event the mortgagor
shall file an assignment for the benefit of creditors or be
declared a bankrupt, whether voluntary or involuntary, then in
any of the above events at the option of the mortgagee the
balance of principal due on the within mortgage shall become
immediately due and payable.
ii) The mortgagor shall have the right to
prepay the indebtedness secured hereby in whole or in part in
multiples of $1,000.00 without penalty, at any time provided
interest on the unpaid principal balance is paid to the date of
such prepayment.
iii) In the event any payment shall be
overdue for a period in excess of fifteen (15) days, a late
charge of 2 cents for each dollar so overdue may be charged by
iv) In the event this mortgage and the note
which it secures are placed in the hands of an attorney for the
collection of any payment hereunder or for the enforcement of any
of the terms, covenants and conditions hereof, the mortgagor
agrees to pay all costs of collection, including reasonable
attorneys fees incurred by the mortgagee, either with or without
the institution of an action or proceeding, and in addition, all
other costs, disbursements and allowances provided by law. All
such costs so incurred shall be deemed to be secured by the
mortgage and collectible out of the mortgaged premises in any
manner permitted by law or by this mortgage.
v) Upon satisfaction of the mortgage, the
mortgagor shall pay to the mortgagee's attorney a reasonable fee
for the preparation of the satisfaction form.
vi) The mortgagor will pay in full all
premiums on the fire insurance coverage required by the terms of
this mortgage, and will deliver to the mortgagee, at the address
of the mortgagee hereinabove set forth, on or before the date on
which such coverage becomes effective, proof satisfactory to the
mortgagee of the payment in full of all such premiums. The whole
of said principal sum shall become due at the option of the
mortgagee in the event of any default under this clause.
vii) The whole of said principal sum shall
become due at the option of the mortgagee after failure for 30
days after notice and demand to exhibit to mortgagee proof of
payment of any tax, sewer rent, water rate or assessment herein
referred to.
38. NOTICES. Any notice required to be given or which
is desired to be given by or to any party shall be valid if such
notice is given by or to the attorney for said party.
39. RIDER TO PREVAIL® In the event of any
inconsistency between the provisions of this Rider and those
contained in the printed form of Contract of Sale to which this
Rider is annexed, the provisions of this Rider shall prevail.
LHELM FRANKEN
WILLIAM
EIFF
(Purchaser)
K RSTIN VON EI (Purchaser)
SCHEDULE A
ALL. that certain plot, piece ®r
parcel and z lnd,
being near the Village of
Greenport,, $ovaizaaoisSouing
Su"Olk County, Nev York, bounded and described as follows:
runnin`IiFC at a g'aist On the northerly side of .%Bin South Road,
running between Greenport and Southold, where the vesterlg line
Of Iaad o: Andrew
road sad (&Is® known as ZiPkas) intersects said
BIIH'IaG Z32Cv north 10 degrees
laQ6 minutes GG seconds seat alae
st ad Andrea Zipsto, a distance of 3II6.59 fest to laud of the S
Tillage of Craeaport, formerly of William H.H. Moore estate;
RCURING THBSCr -aorta 89 degrees 4d minutes 40 seconds vest along
said laud SG.ou feet to Iaad of :> Sulse, formerlp of B. Reese;
R HI"G TlirliC3 soQt:t 1 degreeSaid 03 minutes 40 seconds rest along
SouthlRoad; Hulse 323 .15 :eet to the northerly side Of main
fir:'. I3G HENCE north 77 degrees 53
t:'se
northerly side of said Main SOUch Road,Minutes 3II1IIg.JCafeetato taeug
Point or place of BEGIB®iNISG.
0
FORM 26133-RCS(8/95)
Jointly prepared by the Real Property Section of the New York .State Bar Association, Nie New York State Land 71tle Association, the Committee on Real
Property Law of the Association of the Bar of the City of New York and the Committee on Real Property Lain of the New York County Lascyers'Association.
WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE
COMPLIES WITA SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE").
CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT
NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION.
This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different
provision is made in this contract, Section 5-1311 of the General Obligations Law will apply One part of that law makes a Purchaser responsible for fire and
casualty loss upon taking possession of the Premises before the title closing.
Residential Contract of Sale
tIT
U1x1ttJr2%JCJ lt,l 04211e made as of -icy �`�-� (1� 19 99 BETWEEN
WILLIAM VONEIFF and KRISTIN SCRARPF n/k/a KRISTIN VONEIFF, husband and wife,
Address: 379 Riley Ave., Mattituck, NY 11952
Social Security Number/ Fed. 1. D No(s): hereinafter called "Seller" and
JUNE JOSEPHSON,
Address: 65 Greenway West, Orient, NY 11957
Social Security Number/ Fed. 1. D. No(s): hereinafter called "Purchaser".
'The parties herebg agree as fullofue:
1. Premises. Seller shall sell and convey and Purchaser shall
purchase the property, together with all buildings and improve-
ments thereon (collectively the "Premises"), more fully described
on a separate page marked "Schedule A", annexed hereto and
made a part hereof and also known as
Street Address: 379 Riley Ave., Mattituck, NY
Tax Map Designation: 1000-143-4-21
Together with Seller's ownership and rights, if any, to land lying in
the bed of any street or highway, opened or proposed, adjoining
the Premises to the center line thereof, including any right of
Seller to any unpaid award by reason of any taking by condemna-
tion and/or for any damage to the Premises by reason of change
of grade of any street or highway. Seller shall deliver at no addi-
tional cost to Purchaser, at Closing (as hereinafter defined), or
thereafter, on demand, any documents that Purchaser may rea-
sonably require for the conveyance of such title and the assign-
ment and collection of such award or damages.
2. Personal Property. This sale also includes all fixtures and arti-
cles of personal property now attached or appurtenant to the
Premises, unless specifically excluded below. Seller represents and
warrants that at Closing they will be paid for and owned by Seller,
free and clear of all liens and encumbrances, except any existing
mortgage to which this sale may be subject They include, but are
not limited to, plumbing, heating, lighting and cooking fixtures,
bathroom and kitchen cabinets, mantels, door mirrors. switch
plates and door hardware, venetian blinds, window treatments,
shades, screens, awnings, storm windows, storm doors, window
boxes, mail box, TV aerials, weather vane, flagpole, pumps,
shrubbery, fencing, outdoor statuary, tool shed, dishwasher, wash-
ing machine, clothes dryer, garbage disposal unit, range, oven,
refrigerator, freezer, air conditioning equipment and installations,
wall to wall carpeting and built-ins not excluded below (strike out
inapplicable ite» u). as may presently be on the
premises.
Excluded from this sale are furniture and household furnishings
and
Purchase Price. The purchase price is
1 145,000.00
payable as follows:
(a) on the signing of this contract, by Purchaser's check payable
to the Escrowee (as hereinafter defined), subject to collection, the
receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract (the "Downpayment")
$ 14,500.00
(b) by allowance for the principal amount unpaid on the exist-
ing mortgage on the date hereof, payment of which Purchaser
shall assume by joinder in the deed. $
(c) by a purchase money note and mortgage from Purchaser to
Seller $
(d) balance at Closing in accordance with paragraph
a 130,500.00
4. Existing -Mortgage. (Drlrrrr,'f-rnai"Plirrrfil tr-tttle-ts-sublect
to en existing mortgage as indict agraph 1(11) above:
(11) 'Inc I'rel Irttt Ir connmi subject to the conlintlilig
.i.whiGil ish
interest at-the--r-rnte-of percent--per-annum; in-montF ly-
installments of $ which include principal, inter-
est and escrow amounts, if any, and with any balance of principal
being due and payable on
(b) To the extent that any required payments are made on the
existing mortgage between the date hereof and Clbsing which
reduce the unpaid principal -amount thereof belok the amount
shown in paragraph 3(b), then the balance of the,6rice payable at
Closing under paragraph 3(d) shall be increased ,dry the amount of
the payments of principal. Seller represents and warrants that the
amount shown in paragraph 3(b) is substantially correct and
agrees that only payments required by the existing mortgage will
be made between the date hereof and Clorsfng.
(c) If there is a mortgagee escrow account, Seller shall assign it
to Purchaser, if it can be assigned, andin that case Purchaser shall
pay the amount in the escrow accoutlt to Seller at Closing.
(d) Seller shall deliver to Pu Ehaser at Closing a certificate
dated not more than 30 day/norm
fore Closing signed by the holder
of the existing mortgage, ifor recording, certifying the
amount of the unpaid prinl, the date to which interest has
been paid and the amounV, if any, claimed to be unpaid for prin-
cipal and interest, iterm lg the same. Seller shall pay the fees for
recording such certific (e. If the holder of the existing mortgage is
a bank or other insti�6tion as defined in Section 274-a of the Real
Property Law ("In titutional Lender"), it may, instead of the cer-
tificate, furnish d letter signed by a duly authorized officer,
employee or ag flt, dated not more then 30 days before Closing,
containing the .•ame information.
(e) Scller epresents and warrants that (i) Seller has delivered to
Purchaser rue and complete copies of the existing mortgage, the
note sect ed thereby and any extensions and modificatons thereof,
(ii) the xisting mortgage is not now, and at the time of Closing
will t t be, in default, and (iii) the existing mortgage does not
cotytain any provision that permits the holder of the mortgage to
re lwre its immediate payment in full or to change any other term
5-Purchase-MmTey-Mortgage-(6elete-if-inapplic•able)-IP-there is
to he a purchase money mortgage as indicated in paragraph 3(c)
above
(a) The purchase money note and mortgage shall be drawn by
file attorney for Seller in the form attached or, if riot, in the stand-
ard form adopted by the New York State Land Title Association.
Purchaser shall pay at Closing the mortgage.recording tax, record-
ing fees and the attorney's fees in the amount of $
for its preparation.
(b) The purchase money note ancJAnortgage shall also provide
that it is subject and subordinate l*l the lien of the existing mort-
gage and any exten4lons, modll'jehtlons, replacements or consoll-
dations of the existing morga�e: provided that (i) the interest rate
thereof shall not be greater han percent per annum and
the total debt service hereunder shall not be greater than
$ pe annum, and (ii) if the principal amount
thcrcol shall e/n,�Ialrtgage
to amount of principal owing and unpaid on
the existing mat the time of placing such new mortgage or
consolidated nge, the excess be paid to the holder of such
purchase mo in reduction of the principal thereof.
The porch . e money mortgage shall also provide that such pay-
ment tort ie holder thereof shall not alter or affect the regular
Installs tents, if any, of principal payable thereunder and that the
hold thereof will, on demand and without charge therefor, exe-
cu acknowledge and deliver any agreement or agreements
f
6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee")
shall hold the Downpayment for Seller's account in escrow in a
segregated bank account at
THE SUFFOLK COUNTY NATIONAL BANK
until ('losing or sooner termination of this contract and shall pay
mer or apply the Downpavinent in accordance with the terms of
ibis pningrilJill. I.scl-owce 5111111 (lull) (Delete it illapplieahle) hold
the I)omipavment in an interest-bearing account for the benefit of
the parties. If interest is held for the bene) the parties, it shall
be paid to the party entitled to the Downpayment and the party
receiving the interest shall pay any income taxes thereon. If inter-
est is not held for the benefit of the parties, the Downpayment
shall be placed in an IOLA account or as otherwise permitted or
required by law. The Social Security or Federal Identification
numbers of the parties shall be furnished to Escrowee upon
request. At Closing, the Downpayment shall be paid by Escrowee
to Seller. If for any reason Closing does not occur and either party
gives Notice (as defined in paragraph 25) to Escrowee demanding
payment of the Downpayment, Escrowee shall give prompt Notice
to the other party of such demand If Escrowee does not receive
Notice of objection from such other party to the proposed pay-
ment within 10 business days after the giving of such Notice,
Escrowee is hereby authorized and directed to make such pay-
ment. if Escrowee does receive such Notice of objection within
such 10 day period or if for any other reason Escrowee in good
faith shall elect not to make such payment, Escrowee shall con-
tinue to hold such amount until otherwise directed by Notice from
the parties to this contract or a final, nonappealable judgment,
order or decree of a court. However, Escrowee shall have the right
at any time to deposit the Downpayment and the interest thereon
with the clerk of a court in the county in which the Premises are
located and shall give Notice of such deposit to Seller and Pur-
chaser. Upon such deposit or other disbursement in accordance
with the terms of this paragraph, Escrowee shall be relieved and
discharged of all further obligations and responsibilities hereunder.
(b) The parties acknowledge that, although Escrowee is holding
the Downpayment for Seller's account, for all other purposes
Escrowee is acting solely as a stakeholder at their request and for
their convgnience and that Escrowee shall not be liable to either
party for any act or omission on its part unless taken or suffered
in bad faith or in willful disregard of this contract or involving
gross negligence on the part of Escrowee. Seller and Purchaser
jointly and severally agree to defend, indemnify and hold
Escrowee harmless from and against all costs, claims and expenses
(including reasonable attorneys' fees) incurred in connection with
the performance of Escrowee's duties hereunder, except with
respect to actions or omissions taken or suffered by Escrowee in
bad faith or in willful disregard of this contract or involving gross
negligence on the part of Escrowee.
(c) Escrowee may act or refrain from acting in respect of any
matter referred to herein in full reliance upon and with the advice
of counsel which may be selected by it (including any member of
its firm) and shall be folly protected in so acting or refraining from
action upon the advice of such counsel.
(d) Escrowee acknowledges receipt of the Downpayment by
check subject to collection and Escrowee's agreement to the provi-
sions of this paragraph by signing in the place indicated oil the
signature page of this contract
(e) Escrowee or any member of its firm shall be permitted to act
as counsel for Seller in any dispute as to the disbursement of the
Downpayment or any other dispute between the parties whether
or not Escrowee is in possession of the Downpayment and con-
tinues to act as Escrowee.
7. Acceptable Funds. All money payable under this contract,
unless otherwise specified, shall be paid by:
(a) Cash, but not over $ I ,000.00;
(b) Good certified check of Purchaser drawn on or 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 not less than 3 business days notice (by
telephone or otherwise) to Purchaser;
(c) As to money other than the purchase price payable to Seller
at Closing, uncertified check of Purchaser up to the amount of
$ 500.00 , and
(d) As otherwise agreed to in writing by Seller or Seller's
attorney.
S. Mortgage Contingency. (Delete if inapplicable) The obligations
of Purchaser hereunder are conditioned upon issuance on or
before 45 days from the date JWreof(the "Commit-
ment Date") of a written commitment from any Institutional
Lender pursuant to which such Institutional Lender agrees to
make a first mortgage loan, other than a VA, FILA or other
governmentally insured loan, to Purchaser, at Purchaser's sole
cost and expense, of $ \ DDD % Ob or such lesser
sum as Purchaser shall be willint'o ce t, at the prevailing fixed
r era iiz{t
rate of interest not to exceevailgr initial adjustable rate
nQ
of interest not to exceedr ot' a term of at least 30
years and on other customary commitment terms, whether or not
conditional upon any factors other than an appraisal satisfactory
to the Institutional Lender. Purchaser shall (a) make prompt
application to an Instititional Lender for such mortgage loan, (b)
furnish accurate and complete information regarding Purchaser
and members of Purchaser's family, as required, (c) pay all fees,
points and charges required in connection with such application
and loan, (d) pursue such application with diligence, (e) cooperate
in good faith with such Institutional Lender to obtain such com-
mitment and (f) promptly give Notice to Seller of the name and
address of each Institutional Lender to which Purchaser has made
such application. Purchaser shall comply with all requirements of
such commitment (or of any other commitment accepted by Pur-
chaser) and shall furnish Seller with a copy thereof promptly after
receipt thereof. If such commitment it not issued on or before the
Commitment Date, then, unless Purchaser has accepted a com-
mitment that does not comply with the requirements set forth
above, Purchaser may cancel this contract by giving Notice to
Seller within 5 business days after the Commitment Date, in which
case this contract shall be deemed cancelled and thereafter neither
party shall have a _ rther rights against, or obligations or liabili-
ties to, the other by reason of this contract, except that bhe Down -
payment shall be promptly refunded to Purchaser and except as
set forth in paragraph 27 If Purchaser fails to give notice of can-
cellation or if Purchaser shall accept a commitment that does not
comply with the terms set forth above, then Purchaser shall be
deemed to have waived Purchaser's right to cancel this contract
and to receive a refund of the Downpayment by reason of the
contingency contained in this paragraph.
9. Permitted Exceptions. The Premises are sold and shall be con-
veyed subject to
(a) Zoning and subdivision laws and regulations, and landmark,
historic or wetlands designation, provided that they are not vio-
lated by the existing buildings and improvements erected on the
property or their use;
(b) Consents for the erection of any structures on, under or
above any streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and corni-
ces, if any, upon any street or highway;
(d) Real estate taxes that are a lien, but are not yet due and
payable; and
(e) The other matters, if any, including a survey exception, set
(ffOjthany Rs a�'eaod'facts an accurate survey (see
10. Governmental Violations and Orders. (a) Seller shall compl)ider;
with all notes or notices of violations of law or municipal
ordinances, orders or requirements noted or issued as of the date
hereof by any governmental department having authority as to
lands, housing, buildings, fire, health, environmental and labor
conditions affecting the Premises. The Premises shall be conveyed
free of them at Closing. Seller shall furnish Purchaser with any
authorizations necessary to make the searches that could disclose
these matters.
(b)-( eleie f-freappliea�ilc�} All-ebtigatians-af__f_e_c_tillg-the-.Pre-
mises pursuant to the iiministfative-� ee tih City of New
York-inzvrm prior to Closing and payable in money shall be dis-
ch Zed -bp -Sett
11. Seller's Representations. (a) Seller represents and warrants
to Purchaser that:
(i) The Premises abut or have a right of access to a public
road,
(ii) Seller is the sole owner of the Premises and has the full
right, power and authority to sell, convey and transfer the same in
accordance with the terms of this contract;
(iii) Seller is not a "foreign person", as that term is defined
for purposes of the Foreign Investment in Real Property Tax Act,
Internal Revenue Code ("IRC") Section 1445, as amended, and
the regulations promulgated thereunder (collectively "FIR PTA');
(iv) 'lite Premises are not affected by any exemptions or
abatements of taxes, and
(v) Seller has been known by no other name for the past ten
years, except
None
(b) Seller covenants and warrants that all of the representations
and warranties set forth in this contract shall be true and correct
at Closing.
(c) Except as otherwise expressly set forth in this contract, none
of Seller's covenants, representations, warranties or other obliga-
tions contained in this contract shall survive Closing.
12. Condition of Property. Purchaser acknowledges and repre-
sents that Purchaser is fully aware of the physical condition and
state of repair of the Premises and of all other property included
in this sale, based on Purchaser's own inspection and investigation
thereof, and that Purchaser is entering into this contract based
solely upon such inspection and investigation and not upon any
information, data, statements or representations, written or oral,
as to the physical condition, state of repair, use, cost of operation
or any other matter related to the Premises or the other property
included in the sale, given or made by Seller or its representatives,
and shall accept the same "as is" in their present condition and
state of repair, subject to reasonable use, wear, tear and natural
deterioration between the date hereof and the date of Closing
(except as otherwise set forth in paragraph 16(f)), without any
reduction in the purchase price or claim of any kind for any
change in such condition by reason thereof subsequent to the date
of this contract Purchaser and its authorized representatives shall
have the right, at reasonable times and upon reasonable notice (by
telephone or otherwise) to Seller, to inspect the Premises before
Closing.
13. Insurable Title. Seller shall give and Purchaser shall accept
such title as any reputable title company doing
business in Suffolk County, and
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
14. Closing, Deed and Title. (a) "Closing" means the settlement of
the obligations of Seller and Purchaser to each other under this
contract, including the payment of the purchase price to Seller,
and the delivery to Purchaser of a Bargain & Sale Deed
with Covenants against grantors acts and
deed in proper statutory short form for record, duly executed and
acknowledged, so as to convey to Purchaser fee simple title to the
Premises, free of all encumbrances, except as otherwise herein
stated The deed shall contain a covenant by Seller as required by
subd 5 ol' Section 13 of the Lien Law
a
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the buildings and htiproveinents thereon erected, situate,
lyhignudbeing)UXXM at Mattituck, 'Town of Southold, Suffolk County, New York, being
a portion of Lot No. 7 on "Map of G.11., W.T. and I).T. Riley, Matti.tuck•, NY", filed
January 27, 1928 as Map No. 186, said premises being further described•as follows:
BEGINNING at a point on the West side of Lot #7 said point being the southwesterly
corner of premises about to be described:
Said point being 234 feet measured along the westerly line of said lot X17 from
a concrete monument set on the northerly side of Riley Avenue and marking the
westerly corner of lot i17;
RUNNING THENCE from said point or place of beginning North 19° 29'c;0" West 100.20
feet to a point, said point being oil the southerly side of land now or formerly
of Gaudin;
RUNNING THENCE along the aforementioned land North 700 31' 00" East 46.05 feet
to a point;
RUNNING THENCE South 74° 51' 30" East along land now or formerly of Wallace and
Ruth field 2.58 feet to a point;
RUNNING THENCE South 670 59' U" Last along lands now or formerly of Eileen Bergen
35.82 feet to a point; '
RUNNING THENCE South 19* 29' 0" East along the division line of lot #7 and 8 on
aforesaid map a distance of 75 feet;
'RUNNING THENCE South 70' 31' U" West along land now or formerly of Charles C.
Schwet.je and Edward J. Smith 75 feet to the point or place of BEGINNING.
TOGETHER with a right of way 12 feet in width running along the westerly side
of Lot No. 7 southerly from the premises Herein described to Riley Avenue for
ingress and egress between Riley Avenue and the premises herein.
RIDER ATTACHED TO AND MADE PART OF CONTRACT OF SALE
PREMISES: 379 Riley Ave., Mattituck, NY 11952
THE FOLLOWING PARAGRAPHS ARE ADDITIONS TO THE STANDARD
PROVISIONS OF THE STANDARD CONTRACT OF SALE AS DESIGNATED
FIRST HEREINABOVE AS 11A 125 -Residential contract of sale, 2-
91" AND, AS SUCH, CONSTITUTE A RIDER TO THIS CONTRACT. IF
THERE SHALL BE ANY INCONSISTENCIES BETWEEN THIS RIDER AND
THE BASIC FORM CONTRACT HEREIN, THIS RIDER SHALL CONTROL AND
TAKE PRECEDENCE OVER SAID PRINTED FORM OF CONTRACT.
1. TERMITE INSPECTION. The purchaser, at his own cost and
expense, and within (15) days from the date hereof, may have
an inspection made of the dwelling house on the subject
premises to ascertain if there is any damage or infestation
therein from termites or other wood -destroying insects by a
licensed exterminator. If any such damage or infestation is
found, the seller may either correct the defect or cancel
the contract and return all moneys deposited hereunder, or
the purchaser may elect to consummate this sale regardless
of such damage or infestation. It is understood and agreed
that notification of the presence of such damage or
infestation shall be communicated to the attorney for the
seller by mail postmarked not more than five (5) business
days from the date the premises are so inspected or within
five (5) business days from the date a report of such
inspection is received by the attorney for the purchaser,
whichever is later, but in no event shall notification be
given later than twenty (20) days from the date hereof.
2. WATER CLAUSE: The purchasers at their own cost and
expense within 15 days of the execution of this contract may
have the domestic water supply tested as to its quality. If
such test reveals that the quality of said water does not
meet the standards promulgated by the Suffolk County
Department of Health, then in such event, the purchasers are
given the right to cancel this contract and to receive the
payment of all monies paid hereunder by notifying the
attorney for the seller of the same within fifteen (15) days
from the date hereof. Notwithstanding the foregoing, such
right to cancel shall not exist if the seller exercises his
option to remedy such condition to the satisfaction of the
Suffolk County Board of Health, the same to be completed
prior to closing of title as herein provided.
3. LEAD PAINT: The purchaser, at his own cost and expense,
and within ten (10) days from the full execution of this
Contract of Sale, may have an inspection made by a certified
inspector of the dwelling house on the subject premises to
ascertain if there exists lead based paint within said
dwelling. If any such lead paint is found, the purchaser
will deliver to the seller, post -marked within ten (10) days
of such inspection, a statement by the certified inspector
setting forth the nature and extent of said lead paint and
an estimate as to the cost to remedy said condition.
The seller, upon receipt of such statement, shall have
the option to have the necessary services performed to
remove said lead paint by said inspection company, or by any
other reputable company. If the seller refuses to have such
services performed, the seller shall notify the purchaser
and the purchaser shall have the right to cancel this
contract and obtain a refund of the down payment. The
purchaser, may, in the alternative, elect to waive these
conditions and continue with the contract subject to said
conditions set forth in said statement and without any
diminution in the purchase price herein. If the purchaser
shall fail to conduct a timely inspection or fail to serve
timely notice hereunder, the provisions of this paragraph
shall be deemed waived and the purchaser, at its own cost
and expense, shall be solely responsible to provide any lead
paint certificates as may be required by any mortgagee or
insurer of the mortgage. Pursuant to 24 CFR part 35, 40.7.
Part 745, the seller is unaware of the existence of lead
paint within the subject premises and is not in possession
of any report regarding the existence of lead paint within
the subject premises.
4. SUMMARY OF HEATING AND/OR COOLING BILLS. Purchaser has
a right to a summary of the heating and/or cooling bills or
a complete set of said bills under Section 17-103 Chapter
555 of the 1980 Laws of the State of New York, commonly
known as the Truth In Heating Law. The purchaser herin
waives the right to copies of said bills or a summary of
said bills and does not request them in connection with this
transaction. Without limiting the generality of the
foregoing, the Seller will provide the names and addresses
of the providers of fuel for the heating system and the
provider of electricity for the subject premises and
authorizes the Purchaser to inquire as to the past bills for
the subject premises during the term of the Seller's
ownership of same.
5. CONTINUATION OF PARAGRAPH 9 (f). may show provided that
title is not rendered unmarketable thereby (Variations
between fence, hedge and record lines of not more than 18
inches shall be deemed not to render title unmarketable and
purchaser shall accept such variations); and
(g) Covenants, restrictions and easements of record, if any,
affecting the premises, provided that they do not prohibit
the maintenance or present use of the existing structure.
6. CONTINUATION OF PARAGRAPH 16 (b). In the event that a
current survey is required by the muncipality in order to
obtain said certificate of occupancy or equivalent, it shall
be the responsibility of the purchaser to provide such
survey to the seller at the purchaser's sole cost and
expense. In the event of the inability of the seller to
convey title pursuant to the terms of the contract, the
seller shall reimburse the purchaser for the cost of the
aforementioned survey.
7. Appliances being sold in "As Is" condition.
8. All checks presented to the Seller by the Purchaser at
the time of closing shall be payable to the Seller, and
drawn on New York State banks. Seller will not be obligated
or required to accept any endorsed checks at closing of
title. Purchasers' attorney shall arrange to have all
funding company checks certified at the closing of title.
9. Purchasers represent that none of the said mortgage
applicants have been a party to any bankruptcy proceedings
within the past five years, they know of no reason why their
credit should not now be approved, that they have no known
outstanding judgments, liens or obligations, and that they
have sufficient funds to cover the balance of the purchaser
price plus closing costs. Purchasers agree to comply with
all the requirements imposed by the lending institution and
to pay off any outstanding personal loans prior to closing,
if same is required by the lending institution. Seller has
informed the Purchaser that the lending institution may
after the issuance of the mortgage commitment and prior to
closing, make an updated credit search to determine the
current status of the Purchasers' credit. Purchaser
represents that all installment payments and other
obligations are presently current and will continue to
remain so until title closes. The parties agree that the
Seller has relied on this MATERIAL REPRESENTATION as an
inducement to the execution of this contract.
10. The purchasers at the closing of title herein shall pay
the Peconic Bay Region Community Preservation Fund Tax.
SOCIAL SECURI Y NUMBER `�'' SELLER
033
SOCIAL SECURITY NUMBER - SELLER
SOCIAL SECURITY NUMBER PURCHASR
SOCIAL SECURITY NUMBER PURCHASER
LE AD -BASED PAINT DISCLOSURE aZll ER TO CONTRACT OF SALE
1. LEAD WARNING STATEMENT. Every Purchaser of any interest in residential real
property on which a residential dwelling was built prior to 1978 is notified that such property
may present exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young childrell may produce perinalnent
neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems and impaired memory. Lead polsonung also poses a particular risk to pregnant women.
The Seller of any interest in residential real property is required to provide tine Purchaser with
any information on lead-based paint hazards from risk assessments or inspections in the Seller's
possession and notify the Purchaser of any known lead-based paint hazards. A risk assessment
or inspection for possible lead-based paint hazards is recommended prior to purchase.
2EaLLER'S DISCLOSURE (Seller initial).
% (a) Presence of lead-based paint and/or lead-based paint hazards
.
// (Check (i) or (ii) below):
v (i) Known lead-based paint and/or lead-based paint hazards are present in
housing (explain).
(u) Seller has no knnowledge of lead-based paint and/or lead-based paint
hazards in the housing; However, due to the age of the property, Seller
suspects it may contain lead-based paint and/or lead -base paint hazard.
OV�b) Records and reports available to Seller (Check (i) or (ii) below):
(i) Seller has provided Purchaser with all records and reports (which were
available to Seller) pertaining to lead-based paint and/or lead-based paint
hazards in the housing (list document(s) below).
(ii)Seller has no reports or records pertaining to lead-based paint and/or lead -
4 based paint hazards in the housing.
3. PURCHASE, R'S ACKNOWLEDGEIVI ANT (Purchaser initial).
(a) Purchaser has received copies of all vnformation listed above.
(b) Purchaser has received palnplllet Protect Your hardly front Lead in Your Florae.
4. AGENT'S ACKNOWLEDGEMENT (Agent initial).
Agent has ixnfonned Seller of Seller's obligations under 42 U.S.C. §48524 and is aware of
his/her responsibility to ensure compliance.
5. CERTIFICATE OF ACCURACY. `1'lie following parties have reviewed the
information above and certify, to the best of their knowledge, that the information they have
provided is true and accurate.
Listing Agent
PURCHASER:
Other Agent
(b) If Seller is a corporation, it shall delivt Purchaser at the
time of"Closing (i) a resolution,of its Board of Directors authoriz-
ing the sale and delivery of the deed, and (ii) a certificate by the
Secretary or Assistant Secretary of the corporation certifying such
resolution and setting forth facts sh6wing that the transfer is in
conformity with the requirements of Section 909 of the Business
Corporation Law. The deed in such case shall contain a recital
sufficient to establish compliance with that Section.
15. Closing Date and Place. Closing shall take place at the office
of GARY FLANNER OLSEN, ESQ., Main Rd.,
Cutchogue, NY, or the office of the
lending institution, on or about 21 days
/0////////9''0090/Vmortgage commitment
or, upon reasonable notice (by telephone or otherwise) by Pur-
chaser, at the office of
16. Conditions to Closing. This contract and Purchaser's obliga-
tion to purchase the Premises are also subject to and conditioned
upon the fulfillment of the following conditions precedent.
(a) The accuracy, as 'of the date of Closing, of the representa-
tions and warranties of Seller made in this contract.
(b) The delivery by Seller to Purchaser of a valid and subsisting
Certificate of Occupancy or other required certificate of com-
pliance, or evidence that none was required, covering the build-
ing(s) and all of the other improvements located on tine property
authorizing their use as a one family dwel-
ling at the date of Closing.
(c) The delivery by Seller to Purchaser of a duly executed and
sworn affidavit (in form prescribed by law) claiming exemption of
the sale contemplated hereby, if such be the case, under Article
31-B of the Tax Law of the State of New York and the Regula-
tions promulgated thereunder, as the same may be amended from
time to time (collectively the "Gains Tax Law"); or if such sale
shall not be exempt under the Gains Tax Law, Seller and Pur-
chaser agree to comply in a timely manner with the requirements
of the Gains Tax Law and, at Closing, Seller shall deliver to Pur-
chaser (i) an official return showing no tax due, or (ii) an official
return accompanied by a certified or official bank check drawn on
a New York State banking institution payable to the order of the
New York State Department of Taxation and Finance in the
amount of the tax shown to be due thereon. Seller shall (x) pay
promptly any additional tax that may become due under the Gains
Tax Law, together with interest and penalties thereon, if any,
which may be assessed or become due after Closing, and/or exe-
cute any other documents that may be required in respect thereof,
and (y) indemnify, defend and save Purchaser harmless from and
against any of the foregoing and any damage, liability, cost or
expense (including reasonable attorneys' fees) which may be suf-
fered or incurred by Purchaser by reason of the nonpayment there-
of. The provisions of this subparagraph (c) shall survive Closing.
(d) The delivery by Seller to Purchaser of a certification stating
that Seller is not a foreign person, which certification shall be in
the form then required by FIRPTA. If Seller fails to deliver the
aforesaid certification or if Purchaser is not entitled under
FIRPTA to rely on such certification, Purchaser shall deduct and
withhold from the purchase price a sum equal to 10% thereof (or
any lesser amount permitted by law) and shall at Closing remit the
withheld amount with the required forms to the Internal Revenue
Service.
(e) The delivery of the Premises and all building(s) and improve-
ments comprising a part thereof in broom clean condition, vacant
and free of leases or tenancies, together with keys to the Premises.
(0 All plumbing (including water supply and septic systems, if
any), heating and air conditioning, if any, electrical and mechani-
cal systems, equipment and machinery in the building(s) located
on the property and all appliances which are included in this sale
being in working order as of the date of Closing.
(g) If the Premises are a one or two family house, delivery by
the parties at Closing of affidavits in compliance with state and
local law requirements to the effect that there is installed in the
Premises a smoke detecting alarm device or devices.
(h) The delivery by the parties of any other affidavits required
as a condition of recording the deed.
17. Deed Transfer and Recording Taxes. At Closing, certified or
official bank checks payable to the order of the appropriate State,
City or County officer in the amount of any applicable transfer
and/or recording tax payable by reason of the delivery or record-
ing of the deed or mortgage, if any, shall be delivered by the party
required by law or by this contract to pay such transfer and/or
recording tax, together with any required tax returns duly exe-
cuted and sworn to, and such party shall cause any such checks
and returns to be delivered to the appropriate officer promptly
after Closing. The obligation to pay any additional tax or defi-
ciency and any interest or penalties thereon shall survive Closing.
18. Apportionments and Other Adjustments; Nater Meter and
Installment Assessments. (a) To the extent applicable, the follow-
ing shall be apportioned as of midnight of the day before the day
of Closing:
lie(i) taxes, water charges and sewer rents, on the basis of the
JI/period for which assessed, (ii) fuel, (iii) interest on the exist-
ing mortgage; (iv) premiums on existing transferable insurance
policies and renewals of those expiring prior to Closing, (v) vault
charges; (vi) rents as and when collected.
(b) If Closing shall occur before a new tax rate is fixed, the
apportionment of taxes shall be upon the basis of the tax rate for
the immediately preceding fiscal period applied to the latest
assessed valuation.
(c) It there is a w; ncter on the Picnuses, Seller shall furnish
a reading to a date —, wore than 30 days before Closing and the
unfixed meter charge and sewer rent, if any, shall be apportioned
on the basis of such last reading.
(d) If at the date of Closing the Premises are affected by an
assessment which is or may become payable in annual install-
ments, and the first installment is then a lien, or has been paid,
then for the purposes of this contract all the unpaid installments
shall be considered due and shall be paid by Seller at or prior to
Closing.
(e) Any errors or omissions in computing apportionments or
other adjustments at Closing shall be corrected within a reason-
able time following Closing. This subparagraph shall survive
after Closing.
19. Allowance for Unpaid Taxes, etc. Seller has the option to
credit Purchaser as an adjustment to the purchase price with the
amount of any unpaid taxes, assessments, water charges and sewer
rents, together with any interest and penalties thereon to a date
not less than five business days after Closing, provided that official
bills therefor computed to said date are produced at Closing.
20. Use of Purchase Price to Remove Encumbrances. If at Clos-
ing there are other liens or encumbrances that Seller is obligated
to pay or discharge, Seller may use any portion of the cash bal-
ance of the purchase price to pay or discharge them, provided
Seller shall simultaneously deliver to Purchaser at Closing instru-
ments in recordable form and sufficient to satisfy such liens or
encumbrances of record, together with the cost of recording or
filing said instruments. As an alternative Seller may deposit suffi-
cient monies with the title -insurance company employed by Pur-
chaser acceptable to and rt;quired by it to assure their discharge,
but only if the title insurance company will insure Purchaser's title
clear of the matters or insure against their enforcement out of the
Premises and will insure Purchaser's Institutional Lender clear of
such [natters. Upon notice (by telephone or otherwise), given not
less than 3 business days before Closing, Purchaser shall provide
separate certified or official bank checks as requested to assist in
clearing up these matters.
21. Title Examination; Seller's Inability to Convey; Limitations of
Liability. (a) Purchaser shall order an examination of title in
respect of the Premises from a title company licensed or autho-
rized to issue title insurance by the New York State Insurance
Department or any agent for such title company promptly after
the execution of this contract or, if this contract is subject to the
mortgage contingency set forth in paragraph 8, after a mortgage
commitment has been accepted by Purchaser. Purchaser shall
cause a copy of the title report and of any additions thereto to be
delivered to the aitorney(s) for Seller promptly after receipt thereof.
(b)(i) If at the date of Closing Seller is unable to transfer title to
Purchaser in accordance with this contract, or Purchaser has other
valid grounds for refusing to close, whether by reason of liens,
encumbrances or other objections to title or otherwise (herein col-
lectively called "Defects"), other than those subject to which Pur-
chaser is obligated to accept title hereunder or which Purchaser
may have waived and other than those which Seller has herein
expressly agreed to remove, remedy or discharge and if Purchaser
shall be unwilling to waive the same and to close title without
abatement of the purchase price, then, except as hereinafter set
forth, Seller shall have the right, at Seller's sole election, either to
take such action as Seller may deem advisable to remove, remedy,
discharge or comply with such Defects or to cancel this contract;
(ii) if Seller elects to take action to remove, remedy or comply with
such Defects, Seller shall be entitled from time to time, upon
Notice to Purchaser, to adjourn the date for Closing hereunder for
a period or periods not exceeding 60 days in the aggregate (but not
extending beyond the date upon which Purchaser's mortgage
commitment, if any, shall expire), and the date for Closing shall be
adjourned to a date specified by Seller not beyond such period. If
for any reason whatsoever, Seller shall not have succeeded in re-
moving, remedying or complying with such Defects at the expira-
tion of such adjournment(s), and if Purchaser shall still be unwil-
ling to waive the same and to close title without abatement of the
purchase price, then either party may cancel this contract by
Notice to the other given within 10 days after such adjourned date;
(iii) notwithstanding the foregoing, the existing mortgage (unless
this sale is subject to the same) and any matter created by Seller
after the date hereof shall be released, discharged or otherwise
cured by Seller at or prior to Closing.
(c) If this contract is cancelled pursuant to its terms, other than
as a result of Purchaser's default, this contract shall terminate and
conic to in end, and neither party shall have any further rights,
obligations or liabilities against or to the other hereunder or other-
wise, except that. (i) Seller shall promptly refund or cause the
13scrowce to refund the Downpayment to Purchaser and, unless
cancelled as a result of Purchaser's default or pursuant to para-
graph R, to reimburse Purchaser for the net cost of examination of
title, including any appropriate additional charges related thereto,
and the net cost, if actually paid or incurred by Purchaser, for
updating the existing survey of the Premises or of a new survey,
and (u) the obligations under paragraph 27 shall survive the ter-
mination of this contract.
22. Affidavit as to Judgments, Bankruptcies, etc. If a title exami-
nation discloses judgments, bankruptcies or other returns against
persons having names the same as or similar to that of Seller,
Seller shall deliver an affidavit at Closing showing that they are
not against Seller.
23. Defaults and Remedies. (a) If Purchaser defaults hereunder,
Seller's sole remedy shall be to receive and retain the Downpay-
ment as liquidated damages, it being agreed that Seller's damages
in case of Purchaser's default might be impossible to ascertain and
that the Downpayment constitutes a fair and reasonable amount
of damages under the circumstances and is not a penalty.
(b) If Seller defaults hereunder, Punch shall have such
remedies as Purchaser Shull be entitled to at I in equity, includ-
ing, but not limited to, specific performance.
24. Purchaser's Lien. All money paid on account of this contract,
and the reasonable expenses of examination of title to the Premises
and of any survey and survey inspection charges, are here-
by made liens on the Premises, but such liens shall not continue after
default by Purchaser under this contract
25. Notices. Any notice or other communication ("Notice") shall be
in writing and either (a) sent by either of the parties hereto or by their
respective attorneys who are hereby authorized to do so on their
behalf or by the Escrowee, by registered or certified mail, postage
prepaid, or
(b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for
the party and the Escrowee, to whom the Notice is to be given, or to
such other address as such party or Escrowee shall hereafter desig-
nate by Notice given to the other party or parties and the Escrowee
pursuant to this paragraph. Each Notice mailed shall be deemed
given on the third business day following the date of mailing the
same, except that any notice to Escrowee shall be deemed given only
upon receipt by Escrowee and each Notice delivered in person or by
overnight courier shall be deemed given when delivered
26. No Assignment. This contract may not be assigned by Purchaser
without the prior written consent of Seller in each instance and any
purported assignment(s) made without such consent shall be void
27. Broker. Seller and Purchaser each represents and warrants to the
other that it has not dealt with any broker in connection with this sale
other thanCENTURY21 ALBERTSON REALTY
("Broker") and Seller shall pay Broker any commission earned pur-
suant to a separate agreement between Seller and Broker. Seller and
Purchaser shall indemnify and defend each other against any costs,
claims and c\pense: uding reasonable attornevs' feed!, arising oum
of the breach on I respective parts of any representation or
agreement contained to this paragraph. The provisions of this part),- .
graph shall survive Closing or, if Closing does not occur, the ti:rmin; - _
tion of this contract
28. Miscellaneous. (a) All prior understandings, agreements, repre-
sentations and warranties, oral or written, between Seller and Pur-
chaser are merged to this contract, it completely expresses their full
agreement and has been entered into after full investigation, neither
party relying upon any statement made by anyone else that is not set
forth in this contract
(b) Neither this contract nor any provision thereof maybe waived,
changed or cancelled except in writing. This contract shall also apply
to and bind the heirs, distributees, legal representatives, successors
and permitted assigns of the respective parties. The parties hereby
authorize their respective attorneys to agree in writing to any changes
in dates and time periods provided for in this contract.
(c) Any singular word or term herein shall also be read as in the
plural and the neuter shall include the masculine and feminine
gender, whenever the sense of this contract may require it.
(d) The captions in this contract are for convenience of reference
only and in no way define, limit or describe the scope of this contract
and shall not be considered in the interpretation of this contract or
any provision hereof
(e) This contract shall not be binding or effective until duly exe-
cuted and delivered by Seller and Purchaser.
(f) Seller and Purchaser shall comply with IRC reporting require-
ments, if applicable. This subparagraph shall survive Closing.
(g) Each party shall, at any time and from time to time, execute,
acknowledge where appropriate and deliver such further instruments
and documents and take such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of
this contract. This subparagraph shall survive Closing.
(h) This contract is intended for the exclusive benefit of the parties
hereto and, except as otherwise expressly provided herein, shall not
be for the benefit of, and shall not create any rights in, or be
enforceable by, any other person or entity.
IN WI TN S WH O his contract has been duly executed by the parties hereto.
... ....... Purchaser
V EI
Seller JUNE JOSEPHSON
................
•--.. ... ...
_ATr
�'L,�� .. ......... ......... Purchaser
STINSCH9RPF n a KRISTIN VONEIFl�eller
Attorney for Purchaser:
Attorney for Seller: GARY FLANKER OLSEN, ESQ. MICHAEL JOSEPHSON, ESQ.
P. 0. BOX 706 118-35 QUEENS BLVD.
Address:
CUTCHOGUE, NY 11935 Address: FOREST HILLS, NY 11375
Tel.: (516) 734-7666 Fax: (516) 734-7712 Tel : 793-1300 Fax:
Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above.
..................
........ ....................................................... Escrowee
AT
lantrad o ale
TITLE No. Section
VON EIFF Block
Lot
County or Town
Street Number Address
TO
JOSEPHSON
FIDELITY NATIONAL TITLE
INSURANCE COMPANY OF NY
INCORPORATED 1928
�� efeieciaiP urPi Fidelity 9r�1riae�t11P!,
Member New York State Land Title Association
PREMISES
--,NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JULY 22, 1999
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of
Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,
JULY 22, 1999 at the time noted below (or as soon thereafter as possible):
6:45 p.m. W. and K. VONEIFF (Owners: W. and S. Franken). With respect to property
known as 74605 Main Road, Greenport, NY; County Tax Map Parcel 1000-45-4-5.1, located in the B
General Business Zone District, approvals are being requested as described below:
Appl. No. 4720 for a Special Exception under Article X, Section 100-101B(5) for a single-
family dwelling in an existing building; and
Appl. No. 4721 for a Variance on this 23,396+- sq. ft. parcel, based upon a Notice of
Disapproval dated June 14, 1999 which states:
"Proposed project is in a B Zone, one -family dwelling use requested was pre-existing nonconforming
that has lost its status pursuant to Article XXIV, Section 100-241G which states: ...Whenever a
nonconforming use of a building or premises has been discontinued for a period of more than two (2)
years or has been changed to a higher classification or to a conforming use, anything in this Article to
the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be
permitted unless a variance therefor shall have been granted by the Board of Appeals. One family
dwelling use is currently a Special Exception use in the B Zone (Section 100-101B-5). Pursuant to
Article X, Section 100-102, Bulk Schedule requires 30,000 sq. ft. per business use, one -family dwelling
use listed as N/A."
The Board of Appeals will at said time and place hear any and all persons or representatives
desiring to be heard in the above application or to submit written statements before concluding the
hearing. Each hearing will not start earlier than designated. Files are available for review during
regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call
(516) 765-1809.
Dated: June 28, 1999.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
SP�c �9C JU4PlPiNef ODwec.c,(M U 1,6USWISS c23.5`►6
NOTICE OF HEARING sQ fr
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD
U)1t'L1'q-m \/ON vpF
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business dans between the hours of 8 a.m. and
BOARD OF
APPEALS
* TOWN
OF SOUTHOLD
9 (516) 765-1809
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