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HomeMy WebLinkAbout1000-102.-1-33.3 RECEIVED Southold Town Planning Board Notice to Adiacent Property Owners J^ , _ 7 2019 You are hereby given notice: Southold Town Clerk 1. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14, 2017. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-1-33.3; 3. That the property which is the subject of this application is located in the Hamlet Density Zoning District; 4. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14, 2017. Currently the covenants state that the clubhouse and pool amenities must receive certificates of occupancy before any residential units receive certificates of occupancy (c.o.'s), and that 75% of the c.o.'s for Phase One must be completed prior to receiving building permits to begin Phase Two of the project. The owner has requested that the residences in Phase One be allowed to be issued c.o.'s prior to the clubhouse and pool receiving c.o.'s, and that the requirement that 75% of the units in Phase One receive c.o.'s be reduced or eliminated as a requirement to begin subsequent phases of construction. The covenants state that amendments may be considered only after a public hearing and with a majority plus one vote of the Planning Board. The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3 5. The covenants require that the Planning Board conduct a public hearing to consider an amendment, and that a majority plus one vote would be required to approve it. 6. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd Fl., former Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Town Records Weblink/Laserfiche icon located on the home page, 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Approved", 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: JessicaMe-southoldtownny.gov; 6 That a public hearing will be held on the matter by the Planning Board on Monday, January 14, 2019 at 6:03 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name The Heritage at Cutchogue, LLC Date: 12/18/18 I AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS AMENDED DECLARATION made this day of 20198egtembeF, 2017, by RIMOR DEVELOPMENT LLC, a New York limited liability company with a place of business located at 1721 D North Ocean Avenue, Medford, New York 11763, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York (Suffolk County Tax Map parcel number 1000-102-1-33.3), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the DECLARANT has made an application to the Planning Board of the Town of Southold (hereinafter referred to as the "Planning Board") for a residential site plan to include 124 condominium units and associated accessory structures, hereinafter referred to as the "Project," as shown on the approved site plan entitled "Harvest Pointe" (aka "Heritage at Cutchogue"), prepared by VHB Engineering, Surveying & Landscape Architecture, P.C., last dated August 30, 2017, and including 43 pages, and hereinafter referred to as the "Site Plan"; and WHEREAS, a digital copy of the Site Plan is available for reference from the Town of Southold (hereinafter referred to as the "Town"); and WHEREAS, as a condition of granting approval of the Site Plan, and pursuant to a further Planning Board resolution adopted 2019, the Planning Board has required that this Amended Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the development of the Property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, as a condition of approval of the Site Plan and to further the Town's goals of land preservation, the Planning Board has found that 50% of the land area of the Property shall be preserved as open space, and has required that these covenants include specific restrictions over the open space portion of the Property, as shown on the aforementioned Site Plan, on Page OS-1; and WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter referred to as the "Town Code"), entitled Right to farm, the Town has determined that farming is an essential activity within the Town, and that farmers shall have the right to farm in the Town without undue interference from adjacent landowners or users; and, for the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. I NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. There shall be no subdivision of the Property resulting in additional building lots (this prohibition of subdivision shall not apply to condominium unit designation maps). No lot lines shall be changed unless authorized by the Planning Board by a majority-plus-one vote after a public hearing. 2. Until such time as the DECLARANT has paid in full the $2,000,000 fee specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd., et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No. 2 19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September 25, 2014, the DECLARANT shall provide the Town Clerk with written notice of any sale or transfer of any portion of the Property, and any such sale or transfer must be expressly made subject to the terms and provisions of the "so-ordered" "Stipulation of Settlement," as same may be amended. 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3, or 4 of the Project, issued feFat least 75% of the units included in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. 4. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan, including the architectural drawings, except where the Site Plan is amended by a majority-plus-one vote of the Planning Board after a public hearing. 5. The occupancy of all the residential units on the Property is limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 6. The clubhouse and grounds are for the personal enjoyment of the occupants of units in Harvest Pointe and their family members, and shall not be rented or leased for use by non-occupants for special events, including, but not limited to, weddings, fund-raisers and parties. 3 7. There shall be no more than 124 dwelling units. Accessory apartments are not permitted. 8. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 9. Low-flow plumbing fixtures shall be used within the residential units and the community building on the Property. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor area plus a maximum increase of 125 square feet in each unit, with no expansion of the footprint of such unit), except that the Planning Board may approve additional square footage in "B" units, with no expansion of the footprints of such units, provided that the total livable floor area of all residential units on the Property shall not exceed 245,000 square feet. Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services ("SCDHS"). "Livable floor Iarea," for the purposes of this Amended Declaration, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor 4 area on the Property does not exceed the amounts set forth in Paragraph 10, above. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11, above. 14.Construction of all buildings on the Property shall comply with the New York State Energy Conservation Construction Code. 15.Prior to issuance of certificates of occupancy for any residential units on the Property: a. a certificate of occupancy shall have been issued for the clubhouse; on the Property , and b. all site work and infrastructure servicing pp�L#he-residential units-to receive a certificate of occupancy must be completed in accordance with the Site Plan, and to the satisfaction of the Planning Board. 16.Owners of residential units on the Property shall be given notice as to proper methods for disposal for pharmaceuticals and shall be instructed not to dispose of such materials in the wastewater disposal system on the Property. 17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town 5 upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. 18.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Property until such time as a condominium owners association takes over the management of the Property; and C. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 19.All exterior lighting on the Property, including lighting on the residential units, shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b) the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not shown on the Site Plan must be reviewed for compliance and approved by the Planning Board prior to installation. There shall be no lights on the tennis court on the Property. 20.An entrance gate is not permitted, and the entrance booth shall not be staffed, except with prior approval of the Planning Board after a public 6 hearing. The entrance booth may be staffed during construction of the Project. 21.A nature trail, constructed of pervious material, shall be installed and maintained on the Property, as shown on the Site Plan. 22.Bike racks shall be provided at the community center and the tennis court on the Property. 23.The emergency access for the Property at Bridle Lane shall be used for emergency access only, and shall not be used for any other traffic, including construction traffic. 24.Parking shall be restricted to one side of each of the access roadways on the Property, and there shall be no overnight parking on such roadways. 25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land in agricultural use. All owners and future owners of the condominiums are hereby provided notice of protected farm practices pursuant to the Town Code Farmland Bill of Rights. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training of laborers and others in the use and care of farm 7 equipment and animals; traveling local roads in properly-marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. 26.AII stormwater management and drainage controls shall be maintained in perpetuity as required and shown on the Site Plan. 27.AII stormwater run-off resulting from the development of the Site Plan shall be retained on site and shall be the responsibility of the Property owner to manage. 28.Utilities on the Property, including but not limited to electric, gas, telephone and cable, shall be underground. 29.Landscaping Maintenance: All plantings, landscaping, and landscape maintenance must follow the Site Plan specifications on Pages L-1 through L- 6. In particular, there is a detailed Landscape Management Plan on Page L-1 of the Site Plan. 30.All trees shall be maintained as shown on the Site Plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must be approved in writing by the Planning Board. 31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer", shall be maintained on the Property's perimeter, at the dimensions shown on 8 the Site Plan, for the purpose of providing substantial visual screening and providing natural wildlife habitat. The Natural Buffer shall be maintained to provide a dense double row of evergreens with supplemental plantings of native evergreens to be added where substantial visual screening does not exist naturally, or where existing trees have died. The Natural Buffer is part of the Open Space and specific restrictions are included below. 32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C' shall be managed for native vegetation and wildlife habitat. 33.All planted/transplanted vegetation on the Property shall survive at least three (3) years from the time each phase of the Project is completed, or shall be replaced at the expense of the Project developer. After such three (3) years, the condominium association shall be responsible for maintaining the vegetation approved in the Site Plan. 34.With respect to irrigation on the Property: a. overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; e. water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the 9 pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. all irrigation wells shall include a meter to monitor the use of water for irrigation, and a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 35.Synthetic herbicides and pesticides shall not be applied on the Property except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional stating that chemical treatment(s) are the only effective measure(s) for control or eradication for a particular incident of plants or pests. This written statement, together with a map showing the proposed location(s) of the problem area(s), must be submitted to the Planning Board prior to the application of the herbicide(s) or pesticide(s). All applications of herbicides or pesticides shall be made by a New York State Department of Environmental Conservation Certified Pesticide Applicator. 36.With respect to the use of fertilizer on the Property: a. fertilizer shall be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary; b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and c. fertilizer shall be applied, in any application, at a maximum rate of one (1) pound of nitrogen per 1,000 square feet of land area, and no more than two (2) pounds of nitrogen per 1,000 square feet of land area shall be applied in any calendar year. 37.Open Space Prohibited and Permitted Uses The Open Space area is required to be at least 50% of the land area of the Property, and consists of a total of 23 acres, as shown on Page OS-1 of the 10 Site Plan. The restrictions on the future uses of the Open Space, including the Natural Buffer, are as follows. Prohibited a. Vegetation Removal or Disturbance The mowing, cutting, clearing, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited, except as permitted below. b. Structures No buildings or other structures or improvements may be erected or constructed, except as permitted below. c. Excavation, grading, removal of materials and mining are prohibited, except where necessary for permitted activities. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal from the site of topsoil, sand, or other materials shall not take place. The topography shall not be changed except as approved by the Planning Board on the Site Plan, and there is no grading or excavation permitted in the Natural Buffer, except the minimum amount of digging necessary to create planting holes for evergreens as required to maintain a densely-vegetated screen. d. Motorized vehicles The use of motorized vehicles within the Open Space area is prohibited, including, but not limited to, recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's), except for lawn mowers and similar maintenance equipment. e. Soil and Water 11 Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. f. Dumping The dumping or accumulation of unsightly or offensive materials, including, but not limited to, trash, garbage, sawdust, ashes or chemical waste, is prohibited. g. Utilities The creation or placement of overhead utility transmission lines and utility poles is prohibited. Underground utilities are permitted, except in the Natural Buffer. h. Other Uses The use of the Open Space for any commercial or industrial purpose is prohibited. Other uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities or cell towers, and all uses that are not consistent with the purposes of these covenants. i. Development Rights The use of the acreage of this Open Space for purposes of calculating lot yield on any other property is prohibited. All existing development rights, and any further development rights that may be created through a rezoning of the Open Space, except those required to carry out the permitted uses of and activities on the Open Space, are terminated and extinguished and may not be used or transferred to any other parcels. Permitted a. Landscape Maintenance 12 (1) Areas labeled 'Natural Buffer' (a) Clearing for the installation and maintenance of the Nature Trail as shown on the Site Plan. The exact location of the trail shall be adjusted during installation to avoid the removal of trees. (b) The only vegetation allowed to be disturbed or removed are noxious or invasive plants and vines, but they must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species that does not disturb existing native plantings is permitted without prior Planning Board approval. (c) The Natural Buffer may be supplemented or re-planted with native vegetation plantings according to the approved landscape plans in the Site Plan, or according to a re- vegetation plan with prior written consent of the Planning Board. (d) Dead or diseased trees that are a potential hazard to residences or people may be removed with prior approval from the Planning Board, and with a report from a certified arborist that the tree is dead or diseased. (e) Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval, and the arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. 13 (f) Any tree removed, as set forth above, shall be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. (2) Areas labeled `Seed Mix C' on Site Plan Pages L-2 & L-3 (a) Maintenance of these areas as natural native meadow habitat. (b) Mowing is permitted as follows: i. there shall be no mowing from May through October 15 to avoid turtles and other wildlife; ii. mowing shall not be performed more than once a year after October 15; iii. mowing with flail mower heads with guide bars that ride along the ground shall be avoided; iv. no less than seven (7) inches of stubble height shall be retained to retain important cover for animals, and to reduce mortality of turtles; v. mowing shall be in a pattern from the center outward, to avoid congregating fleeing animals into the center; and vi. removal of noxious or invasive plants and vines is permitted, but they shall be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only, except as set forth in Paragraph 35, above. (c) Substitutions of species are permitted, with prior written approval from the Planning Board after a finding that the species are native and drought-tolerant. (d) Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species, and selective 14 application of organic herbicide or pesticide that does not disturb existing native plantings is permitted without prior Planning Board approval. (3) Other areas of Open Space (not including the Natural Buffer and areas labeled Seed Mix C): (a) All typical landscape maintenance activities are permitted. (b) Vegetation may be removed and replanted according to the Site Plan with no prior approval from the Planning Board. (c) Substitutions of species are permitted, so long as at least 50% of the plants in the non-turf areas are native species with moderate to high drought tolerance. All trees must be maintained as shown on the Site Plan. b. A fence along the Property boundary, with prior Planning Board approval required prior to installation, except for repair or replacement in kind, which shall not require prior Planning Board approval. Clearing for a fence line must avoid and preserve any trees of six (6) inches diameter at breast height (dbh) or larger, and must avoid removal of the evergreens in the Natural Buffer. c. "Passive outdoor recreation," defined as dispersed, noncommercial, and non-motorized recreational activities that do not rely on buildings and have minimal impact on natural resources, is permitted. Such uses include hiking, a nature trail as shown on the Site Plan, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, and enjoyment of open space. d. Structures: a gazebo as shown on the Site Plan; solar panels as permitted by the Town Code, and only with prior Planning Board approval after a public hearing; and park benches and picnic tables, 15 without prior approval of the Planning Board; except no structures are permitted in the areas labeled Seed Mix C or the Natural Buffer other than portions of the pedestrian path as shown on the Site Plan. e. Water supply and sewage disposal systems, and stormwater detention areas as shown on the Site Plan, are permitted; however, they shall not be located in the Natural Buffer. Stormwater detention areas must be designed, landscaped, and available for use as an integral part of the Open Space area. This "Amended Declaration of Covenants and Restrictions" supercedes the prior "Declaration of Covenants and Restrictions." dated the 19th day of September, 2017, that was recorded against the Property in the Office of the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554, and, upon the execution and recording of this "Amended Declaration of Covenants and Restrictions" in the Office of the Suffolk County Clerk, the aforesaid prior"Declaration of Covenants and Restrictions," dated the 19th day of September, 2017, and recorded against the Property in the Office of the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554, shall be automatically and immediately annulled, canceled, and of no further force or effect. The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority-plus-one vote of the Planning Board or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or 16 provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the DECLARANT shall pay, either directly or by reimbursement to the Town, all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town or any of its agencies to Ienforce same shall not be deemed to affect the validity of this covenant nor to 17 impose any liability whatsoever upon the Town or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Amended Declaration the day and year first above written. DECLARANT RIMOR DEVELOPMENT LLC: By: RIMLANDS INC., Manager By: Jeffrey Rimland, President and MF 2 LLC, Manager By: Robert Morrow, Manager STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this day of September, in the year 2019204-7, before me personally appeared Jeffrey Rimland, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 18 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On this day of seote--beF, in the year 2019204.7, before me personally appeared Robert Morrow, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 19 A Schedule A. Legal Description of the Property 20 f: r =.il :l:, !• i 1 i�!{ i ii it DTO THE RIGHT O 7 UC � LG p GE PAID U ENV CUTCNOGUE, NY i �Mireosrarar JAN 5 vorre��E� 9 AMOUNT 100o QQ 11971-0959 V 04 7017 0190 0000 7689 911,0 R2305N130881-05 i it U w� � 3 S5 � �� , f