HomeMy WebLinkAboutOysterponds UFSD -
ELIZABETH A.NEVILLE _ 'y� Town Hall, 53095 Main Road
TOWN CLERK c - P.O. Box 1179
REGISTRAR,OF VITAL STATISTICS Q � Southold, New York 11971
MARRIAGE OFFICER 1i �� Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �Ol �a0 Telephone(631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 387 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 18,2002:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign a Lease Agreement between the Town of Southold
and the Oysterponds Union Free School District, as part of the 2002 Community
Development Block Grant Program, for improvements to the park facilities located at 1000-31-4-
11 (Main Road, East Marion), subject to the approval of the Town Attorney.
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Elizabeth A. Neville
Southold Town Clerk
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LEASE AGREEMENT
AGREEMENT made and entered into this day of May, 2002 by and
between the Oysterponds UFSD Board of Education (hereinafter referred to
as "District") and the Town of Southold (hereinafter referred to as "Town").
WITNESSETH
WHEREAS, the District has determined pursuant to Education Law
§403-a that real property constituting some 10.396 acres located on Main
Road in East Marion, Town of Southold, Suffolk County, New York (see
attached) is "not currently needed for School District purposes and that the
leasing of such real property is in the best interest of the School District";
and has adopted a resolution to the effect; and
WHEREAS, the "Town" recognizes that additional recreational facilities
should be made available for public use; and
WHEREAS, the District recognizes that such additional recreational
facilities will enhance both the School District community and the community
at-large; and
WHEREAS, the maintenance and capital improvement expenses
pertaining to the subject real property are to be undertaken by the tenant
Town in lieu of the District absorbing on a continuous basis such costs; and
WHEREAS, it has been determined by both the "District" and the
"Town" that it is in their mutual interests to provide for the Town
undertaking the rehabilitation of the tennis court and basketball facility,
located on the property; the rehabilitation and expansion of the parking area;
and the development of a little league ball field, soccer field and playground;
NOW, THEREFORE, it is agreed by and between the parties as follows:
(1 ) the District "leases" to the "Town" the property set forth within
the attached survey comprising 10.396 acres located within the District and
the Town at the annual rate, effective June 1 , 2002 through May 31 , 2012
of $10.00 and such other good and valuable consideration as has been
above-referenced;
(2) the Town will pursuant to schedule to be developed and adopted
by it, provide for the rehabilitation and improvement of the "parkland" by
way of the creation of a Little League baseball field; soccer field and
playground together with a rehabilitation and enhancement of the tennis
court, basketball court and parking area;
(3) the Town will not be permitted to provide for any illumination of
the said parkland or its appurtenances, including, the parking lot;
(4) the District may cancel this agreement upon their being:
(a) a substantial increase or decrease of pupil
enrollment; or
(b) a substantial change in the needs and
requirements of the Oysterponds UFSD with
respect to facilities; or
(c) any other change which would substantially
affect the needs or requirements of the District or
of the community in which the District is located.
(5) upon termination the lessee, Town is to be statutorily obligated to
restore the real property to its original condition less ordinary depreciation,
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provided, however, the "District" may waive such requirement if the tenant
"Town" has made improvements to such real property which may not be
removed without causing substantial damage to such real property; further,
the lessee Town reserves the right to remove any playground
structures/fixtures upon termination of this agreement;
(6) the Town agrees to indemnify and hold harmless the District on
account of any and all claims, actions, suits arising as a result of any use
(permitted or otherwise) by any person or entity of the leased real property
and, further, the Town is to name the "District" as an "additional insured" on
its liability coverage pertaining to the subject "parkland".
(7) this Agreement has been prepared under the laws of the State of
New York and is to be interpreted under the laws of the State of New York;
this Agreement merges all prior understandings and any understandings or
conditions, written or oral, upon which the parties are relying which are not
expressly stated herein are to be deemed with no force and effect.
(8) any modifications to this agreement shall be in writing, as
amendments to the Agreement.
(9) any request for a renewal of this agreement for an additional term
is to be made by the Town no later than 6 months prior to the expiration of
the base lease term.
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IN WITNESS WHEREOF the parties have executed this agreement the
date and year first above written.
BOARD OF EDUCATION
OYSTERPONDS UFSD
By � C
JAA , yqdr�afykl
Lina o dsm' h President
TOWN OF SOUTHOLD
By
_ /,'C�V. ,,,
J0/1Lia Y. Horton,
Town Supervisor
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