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Home My WebLink AboutL 12860 P 527 Nmwmumm IIIUI 111111111 II111111111111111111 111111110 II11 IIII I IIIIII VIII 1111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 04/14/2016 Number of Pages: 6 At: 11 :08 : 53 AM Receipt Number : 16-0057282 LIBER: D00012860 PAGE : 527 District: Section: Block: Lot: 1000 027 . 00 03 .00 006. 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20.00 NO COE $5 .00 NO NYS SRCHG $15.00 NO Affidavit $0 .00 NO TP-584 $0.00 NO Notation $0 .00 NO Cert.Copies $0.00 NO RPT $200 .00 NO Fees Paid $270.00 THIS PAGE IS A PART OF THE INSTRUJMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 RECORDED Number of pages 2016 Apt- 14 11:08:53 AM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00012860 P 527 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Ass it. or EA-52 17(County) Sub Total 511) Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Zoo -',(„OJI `, Dual Town Dual County Held forAppointment Comm.of Ed. 5. 00 4i; T Transfer Tax 114 ` • Mansion Tax Affidavit ' �" >' The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 •==•) family dwelling only. Sub Total � YES or NO O er Grand Total if NO, see appropriate tax clause on page 1$ of this instrument. 3133717 1000 02700 0300 006002 ( 4 Dist.10 — 5 Community Preservation Fund Real Property R CWH 11111 1111 DIN lI1I ill II • Consideration Amount$ Tax Service 08-APR-1 Agency _ CPF Tax Due $ Verification Improved Satisfactions/Discharges Releases List Property Owners Mailing Address 6 R�CORD&RETURN TO: Vacant Land Mary D. Dorman, Esq. 134 West 26th Street Sutie 902 TD New York,NY 10001 TD TD Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Judicial www.suffolkcountyny.gov/clerk Title f 25262 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Agreement Lid f-€R) made by: (SPECIFY TYPE OF INSTRUMENT) Susan A Forbes The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Claudia Slacik In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) AGREEMENT DR I I VeYel This Agreement is entered into this 6th day of January, 2016, by SUSAN FORBES(hereafter "FORBES,"residing at 2 Horatio Street,Unit 3J,New York,NY 10014,and CLAUDIA SLACIK,(hereafter "SLACIK"), residing at 45 Gramercy Park North, Apartment 8B,New York,NY 10014. RECITALS. WHEREAS, FORBES acknowledges that she is justly indebted to SLACIK; and WHEREAS,the parties have agreed that the debt shall be paid to SLACIK,her heirs or assigns upon the sale of a house and lot in which both FORBES and SLACIK currently have an interest,at 1075 Narrow River Road, Orient New York(hereinafter"the Property"); and WHEREAS, CLAUDIA intends to transfer her one half interest in the Property to FORBES in consideration for her release from any more obligations associated therewith and her payment of the debt above upon such sale; and WHEREAS,the parties have sought the advice of tax experts prior to entering into this Agreement. THE PARTIES AGREE AS FOLLOWS: !.00 Transfer of the Property 1.01 SLACIK shall duly execute a quitclaim deed of all of her right, title and interest to the Property to FORBES. Any New York State transfer taxes, Peconic Bay taxes, if any,and recording fees due and owing upon the transfer of the property and the recording of the deed shall be paid by FORBES. 1.02 SLACIK shall not be entitled to any further income,nor shall she be subject to any costs or liabilities associated with the Property, other than any agreements set forth herein. 2.00 Sale of the Property. In consideration of the promises made herein, FORBES shall pay to SLACIK, her heirs or assigns, immediately upon the sale of The Property,twenty five percent(25%)of the net proceeds from the sale of the Property when, in FORBES' sole and unfettered discretion, it is sold,but in no event more than 1 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being at Orient,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: • BEGINNING at a point on the northerly side of King Street(a/k/a Narrow River Road)distant 237.70 feet easterly from the corner formed by the intersection of the northerly side of King Street with the easterly side of King Street; RUNNING THENCE along land of Holtzman,North 25 degrees 03 minutes 20 seconds West 70.80 feet to land of Vilna Estates,Inc.; RUNNING THENCE along said land North 67 degrees 18 minutes 10 seconds East 157.62 feet to land of A. Blodgett; RUNNING THENCE along land of A. Blodgett, South 18 degrees 13 minutes 20 seconds East 82.60 feet to the northerly side of King Street; RUNNING THENCE along the northerly side of King Street,South 71 degrees 46 minutes 40 seconds West 148.72 feet to the point or place of BEGINNING. one year after FORBES' death. Net proceeds shall be defined as the sale price, less any reasonable and customary deductions for broker's fees or commissions, reasonable closing costs, transfer taxes and reasonable attorneys fees.However,the Net Proceeds shall not be reduced by any mortgages and liens and the costs of removing or paying off same,any repairs made to The Property in contemplation of the sale,or any state and/or federal capital gains taxes due upon said sale. 3.00 Rights by Inheritance or Succession The parties agree that SLACIK has not obtained by this Agreement or by the fact of jointly owning The Property or by any other means the right to succeed to or inherit The Property from the estate of FORBES except by valid Will or by a non testamentary gift. However, nothing in this paragraph shall prohibit either party from transferring The Property to the other party,or forgiving the debt set forth in this Agreement by gift,descent,bequest or devise. 4.00 Consideration The consideration for this Agreement is the mutual promises of the parties as provided herein. 5.00 Entire Agreement; Amendments in Writing 5.01 This document contains the entire agreement of the parties. No terms have been wholly or partially omitted,and neither party has entered this Agreement in reliance on any term or representation not stated herein. 5,02 This Agreement may be altered or amended only by written agreement signed by both parties. 6.00 Severability Should one or more provisions of this Agreement be determined not to be valid by a court of competent jurisdiction,the remaining provisions shall remain in full force and effect. 7.00 Agreement Binding This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs,executors,administrators, permitted assigns and legal representatives. 2 1 } 8.00 Independent Counsel The parties have each been advised to consult her own separate attorney for review and for independent advice as to the force and effect of each provision of this Agreement.SLACIK was represented by Carol L. Buell, Esq. of the law firm of Weiss, Buell & Bell. FORBES was represented by Mary D. Dorman, Esq. Of the Law Offices of Mary D. Dorman. Neither party has relied on counsel for tax advice with respect to the terms of this Agreement. 9.00 Governing Law The validity, interpretation, and effect of this Agreement shall be governed by the law of the State of New York. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date above written / Wi ness Signature SUSAN FORBES •e.ALAttreei 166rnaisdr _ _ /OA- Witness Signature CLAUDIA S ACIK • 3 • r • • STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK ) On this-I b day of Neve der, 2015, before me, the undersigned , personally appeared SUSAN FORBES personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/h- their signature(s) on the instrument, the individual(s), or the person upon behalf of which th, Indivi, acted, executed the instrument. •N taryPubic ,, vo/MA vi Mary D.Dorman Holm Public,State of New York No.4610119 Mste in New York Coismy STATE OF NEW YORK ) CommissionB piSuffolk Cmmy July 31, t� ss.: COUNTY OF NEW YORK ) w..�. �Saw� 206 On this day of�1�Y� 11b !, ?-l1 before me, the undersigned , personally appeared CLAUDIA SLACIK personally known to me or proved tome on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the • • indivi'tlual(s),or;the person upon behalf of which the individual(s)acted, executed the instrument. • • • Notary Public Nofory Public,StateNewoFof Yuck Plo.24-4854810 Qualified In KInga Count, Commission Expires Fetxumy 24+80 t e f r •' ` • '..3011E\CLIENTSl N_Z\Slacik\Slacik 2015_HOUSE-T_Orient'Siacik aid Forbes agreemcnt_drafl I_7_I4_I5.wpd