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HomeMy WebLinkAboutL 12847 P 215 on I Illifil lU 11111 1101 11111 flU 11111 11111 11111 1111 III 1111111 VIII VIII Iffi Iifl SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RIGHT OF FIRST REFUSAL (WAIVER) Recorded: 01/04/2016 Number of Pages : 5 At: 03: 18 :50 PM Receipt Number : 16-0000450 LIBER: D00012847 PAGE: 215 District: Section: Block: Lot: 1000 069 .00 01 . 00 008 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $0 .00 NO RPT $60 . 00 NO Fees Paid $125 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 V , • tr RECORDED Numb^r of pages 2416 Jan 04 03:18:54 P11 JUDITH R. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D0001284? Social Security Numbers P 215 • prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording./Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax IIandting 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or • EA-52 17(County) - Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX aloQk"X Dual Town Dual County R.P.T.S.A. r ply Held for Appointment Comm.of Ed, 5. 00 �..— n. d 1 Transfer Tax Affidavit ', av Mansion Tax _ The property covered by this mortgage is Certified Copy or will be improved by a One or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total i If NO,see appropriate tax clause on �t page# of this instrument. • 4J Dist./Q6 3072893 1000 06900 0100 coe000 5 Community Preservation Fund Real Property p T S 111111111 111111] Consideration Amount$ Tax Service R VITA I Agency 29-DEC-1 CPF Tax Due $ Verification • — — (VEA' Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land 3 .&)M;••Ce-r {.7. GOu.-1 cQ r Fs TD 0• ?3ok 9$8' TD SOt-711%.0 <-0 kJ 1 1117 t TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffolkcountyny.gov/clerk Title# AS-741oy- g$S7O 8 Suffolk County Recording & Endorsement Page This page forms part of the attached J�r�/17- c( Fr—tii:; 4,i made by: (SPECIFY TYPE OF INSTRUMENT) Ze erode. Tr • The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of •,,-)CK�(to(c�- r-e; rats LLC In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-010/..l0/aekk (nverl 9S57O } . AGREEMENT OF RIGHT OF FIRST REFUSAL i AGREEMENT dated November 3, 2015 made between WILLIAM ZEBROSKI, JR., residing at 200 Gardiners Lane, P.O. Box 531, Southold, New York 11971 (hereinafter Zebroski); and TREIBER FARMS LLC, a New York limited liability company with offices at 377 Oak Street, Garden City,New York 11530 (hereinafter Treiber). WHEREAS, Zebroski has agreed, in connection with the sale to Treiber of certain real property at 38320 County Road 48, Southold, New York 11971, to grant to Treiber a right of first refusal to purchase Zebroski's farm property situate at 37875 County Road 48, Southold,New York 11971, also known as SCTM# 1000-69-1-8, (the Zebroski Farm Property). NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all parties, the parties agree as follows: 1. Right of First Refusal. Zebroski hereby grants and conveys to Treiber, its successors and assigns,a right of first refusal to purchase the Zebroski Farm Property. In the event Zebroski receives a bona tide offer from another party(the Offeror) to sell the Zebroski Farm Property on terms which Zebroski is willing to accept, Zebroski agrees, for himself, his successors and legal representatives, that he will first offer same to Treiber at the price and terms contained in said offer. Zebroski will give Treiber written notice of the terms of the offer,together with a proposed contract of sale meeting those terms. Treiber will have fourteen (14) days after receipt of such notice to accept such terms in writing and enter into a contract of sale and pay the downpayment. If the offer is contingent upon obtaining a mortgage, Treiber shall have the same contingency, provided Treiber supplies a pre-approval letter from his lender with the signed contract. In the event Treiber fails to accept and execute the contract, this right of first refusal shall terminate. This right of first refusal shall not apply to gifts or transfers for no consideration or no monetary consideration by Zebroski or to members of Zebroski's immediate family (sisters, or their issue), or entities in which any of them including Zebroski have a controlling interest, but this right of first refusal shall be binding as to further transfers from such permitted transferees on the same terms as aforesaid. Under no circumstances shall this right of first refusal apply to the sale or transfer of development rights, conservation easements, open space or to any matter related to the obtaining of agricultural, property tax exemptions or agricultural district designations, but this right of first refusal will survive any such transactions and be applicable to the remaining property interests owned by Zebroski. 2. Notices. All notices hereunder shall be given in writing and shall be either personally delivered with proper receipt therefor, sent by prepaid registered or certified mail, return receipt requested, or sent by one-day express delivery service, for which a receipt is received, to the other party as follows: If to Zebroski: WILLIAM ZEBROSKI,JR. 200 Gardiners Lane, P.O. Box 531, Southold, New York 11971; and with a copy to: WICKHAM, BRESSLER & GEASA, P.C. 13015 Main Road, P.O. Box 1424, Mattituck, New York 11952 Attn: Abigail A. Wickham, Esq. Tel No.: (631) 298-8353 Fax No.: (631) 298-8565 If to Treiber: TREIBER FARMS LLC • 377 Oak Street, Garden City, New York 11530 with a copy to: JENNIFER B. GOULD, ESQ. 53740 Main Road, P.O. Box 988, Southold, New York 11971 Tel. No.: (631) 765-8375 Fax. No.: (631) 765-8036 Notices shall be deemed given upon receipt or first refusal thereof. Notices may be sent by the attorneys for the party sending such notice with the same force and effect as if sent by the actual party. Any party may change its address for notices by notice to the other party given in accordance with this Agreement. 3. Miscellaneous A. No amendment, modification, termination or waiver of any of the terms and conditions of this Agreement shall be effective unless the same shall be in writing and signed by the party to be charged. B. No failure on the part of either party to exercise (and no delay in exercising) any rights, powers or remedies under this Agreement shall operate as a waiver thereof except for the fourteen (14) day period for exercise of the option set forth in paragraph 1 as to which time shall be of the essence. The rights provided hereunder and any and all documents to be furnished hereunder are cumulative and not exclusive of any remedies provided by law. C. This Agreement shall be binding upon and inure to the benefit of Zebroski and Treiber and their respective heirs, successors and assigns, except that Treiber may not assign or transfer its rights under this Agreement or membership interests in Treiber which will result in ownership of Treiber who are not family members of Peter S. Treiber, without the prior written consent Zebroski, which may be granted or withheld by Zebroski in his sole discretion. D. This Agreement and all documents related hereto shall be construed in accordance with and governed by the internal laws of the State of New York without regard to its Conflicts of Law rules. If any provision of this Agreement or any F \. such documents except one which would cause such agreement or document to fail of its essential purpose shall be or become unenforceable or illegal under applicable law, the other provisions of this Agreement and such documents shall remain in full force and effect. E. Treiber and Zebroski hereby irrevocably submit to the exclusive jurisdiction and venue of the New York State Courts sitting in Suffolk County in any action or proceeding arising out of or relating to this Agreement or any document delivered or to be delivered hereunder. F. TREIBER AND ZEBROSKI HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO OR CONNECTED WITH THIS AGREEMENT OR ANY DOCUMENT DELIVERED OR TO BE DELIVERED HEREUNDER. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. TREIBER FARM . C Clis.;...—,lijec41/ By: 0,0_William Zoski, JrPeter reiber, ember STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On thisJ day of November, in the year 2015, before me, the undersigned,a Notary Public in and for said State, personally appeared WILLIAM ZEBROSKI, JR., personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instr ant. Notary Public ROBERT DEFRESE Notary Public State of New Tail No.01DE5035117,Suffolk County Commission Expires October 24,2018 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On this 3 day of November, in the year 2015, before me, the undersigned,a Notary Public in and for said State, personally appeared PETER S. TREIBER, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. otary Public re/rofrebroski2015 ROBERT DEFRESE Notary Public State of New York No.01 DE5035117,Suffolk County Commission Expires October 24,2013 DESCRIPTION ALL that certain plot, piece or parcel of land, situate, northwesterly of the Village of Southold, Town of Southold, County of Suffolk and State of New York, bounded northerly partly by woodland now or formerly of Margaret J. Vail, partly by woodland now or formerly of Zebroski, partly by woodland now or formerly of Ezra G. Beebe and Frank Zaveski; easterly by land now or formerly of Beebe and Zaveski; southerly by the North Road; and westerly by land now or formerly of Jacob Hipp; containing 24 acres, more or less; also ALL that tract or parcel of woodland adjoining on the north of the above described tract or parcel of land and situate northwesterly of the Village of Southold, Town of Southold, County of Suffolk and State of New York, bounded northerly partly by woodland now or formerly of Margaret J. Vail and partly by woodland now or formerly of Catherine W. Case; easterly by woodland now or formerly of Catherine W. Case; southerly by land now or formerly of Zebroski; westerly by woodland now or formerly of Margaret J. Vail; containing 1 acre, more or less.