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Home My WebLink AboutVANDERBORGH, GEORGE & SON THIS r~.~.~ made in duplicat~ the i~$ day of York~ by a majority of its duly ~i~t~d Tru~t~s and by Chapter 61~ of tla~ Laws of the State of N~w York~ passed in t893~ and acts am~datory th~rsof~ ~d pursuant to a writt~ r~solution adopted by a majority of th~ Bo~d of Trust~s ~outho!d~ at a m~t~g h~id pursuant to notic~ duly giv~r~ to all the m~mb~rs th~r~of~ on th~ 4th day of J~ first p~t~ GEORGE H~ V~2~ DER BO~H~~ doing business as G,~ V~iN DE~ E~~S0~ of Sayviii~ ~?folk Co'~ty~ N~w York~ p8~ty of the s~oomd p~t~ WITNESSETH~ that th~ party of the f~st part has agreed to i~t and h~reby doas i~t to th~ said party of tho s~oond part~ and tho said party of the s~comd part has agreed to hire and by the~ presents does hire ~ tak~ of and from the Town th~ u_nd~r water in Downs~ Cr~k at Cutchogus~ in th~ To~ma of Southold~ S~folk County~ N~w York~ said pr~misss b~ng twenty f~ot nor~'h of th~ bridg~ passing over Do-~s~ Cro~k and connecting Now Suffolk Avsnue~ ~d consisting of all that tract water north of said bridge and boumdad wsstsrly~ northerly amd ~ast~r!y by a iims at all points twenty f~st distant from ordin~y high wator mark~ said pr~misos containing by astLmatiou_ acr~s~ bs the sam~ more or Isss~ TO H~Y~E ~D TO HOLD to the party of the second part for the purpose o£ oyster culture~ to be used for the planting and culti~ vating o~ oysters t~e~ eon for and during the term of tbs?ce years~ ~ ~ ye ar ly co~encing July ist~ i95a ~d ending Jum~e 30th~ ~9~3~ at the rental of Tw~nty-Fi~-~ Dollars per y~ar~ payabt~ July ist~ 19~2~ July lst~ $~3~ and July i~t~ i9~ d~g the f~i te~_ of this leas~ ~ ~.~t the ~xp~rat~on of th~s lease t~e To~ agrees ~o r~new the /~~ they f~l tt is ~or th~ b~st interests of th~ Town) ssme/for ~_ additional period of tl~ee y~ars on such t~rms ~d conditions as it may deem necessary ~ proper: ~nd the said party of the second part covenm~ts with the To~ that it will pay the said rental at the t~ae sad in t~ mmaner aforesaid~ This lease is made and accepted subject to the following covenants ~ conditions and agreements as f oi!ows ~, !~ That th~ party of the second, part shall at his ~xpense~ erect~ piacs~ set up bounds~ stakes or m~kers to define the limits of the above described premises~ with such marks thereon as maybe specified by .... o S ,' ~e Trustees of t~_e Tows of omvhoid~ as and required by said Trustees.. 2~ The party of the second part shall not ~nder-iet or assign this lease or any p~t off the leased premises witheut first sec~im~ the consent in writing of the To~ Trustees to such under- letting or assigning~ p~% of the s~oond part shall not violate any pro~ visions of the law at any time in force relating to the shell fish group, ds herein leased. 4~ The sole pumpos~ of this i~ase is to assist in the research~ development ~nd production of seed oysters~ and in the event that the p~ty of the seco_~m part d~ing the term of this i~ase is successful in producing seed oysters~ the said party of second party oovenarzts and agrees t,_~a~ said seed oysters sha~l be made available to oyster companies doing bus~ess in the Towrz of Southold at the th~n c~rent market price~ tna~ ~o seed oysters shall be m~m~ availabl~ to any individuals or companies outside of Southold To~ U~ti! such ti~o as the r~quirements of oyster com~ paniss in ~outlao~m To~n shall hav~ b~en m~t~ it being further understood and agreed that the p~ty of th~ second ~oart shall b~ ~ntitl~d to r~tain one sh~e or p~t of said s~d oysters for his Thi~ le~ is subj~ct~ how~vor~ to ~he ~o navig~tion~ On condition~ howev~r~ ~a~ th~ party of th~ second part will no~d tho s~Id Trustees and the ~own of Southold har~los~ and free from any ~d all damages ~d claims aris~g ~der or by virtue of this !ease~ The p smty of the secor~d part covenants ti~.t at the expiration of said term he willsur~enmer~ ~ up said premisos to the party of t~ first part in as good condition as now~ necess~y wear ~d d~age by the elements oxc~pted~ IN Wi~.~S ~2N.~REOF, the said To~.er_ of Southoid~ party of the !first part~ has by a vote of a majority of the Board of Trustees of! [ said Town~ caused its corporate seal to be here~uto affixed~ a~ud ? these presents to be subscribed by a majority of said Board of "i Trustees~ ne day a~d. year above written~ doing business as DER BORGH & SON ~ ~ ~1952~ berore~ personally o~e ~?~iHONS DE,~I ~ of "~r e enp o fy' ~ N ~ Y. ~ ~LV~ B~ GOLDSPiiTH~ of Somtho!d~ N.~V.~ JONI HoNULTY~ of ~ La~rel~ N~Y~ and FR~'K DAWS0N~ of New S~folk~ N.Y. ~ all personally kaown to me~ ~mo being by me duly sworn~ severally said that they each resided i~ the To~r~ of Southold~ County of $~fo!k and State of New York~ sm.d were members of the Board of Trustees of said Town of ~ouvnoid ~n ~ .... =~_a constituted a majority of the same~ that they knew the corporate seal of said Town of $o~_ohold~ that the s~a~. affixed to the foregoing ~str~ent was such corporate seai~ that it was affixed there~s~to by order of the Board of Trustees of said To~ of Southold and that each one signed' '~ ~zu tee and by like order~ STATE OF COUNTY OP ~ igpm~ before me personally c~r~.e G~ORct~ H~ VA2¢ D~ BOR,3~PI~ o.o~o business as ~, ?~ DE~ & SON~; to me ~o~,~ ~nd ~ovm to me to be the same ~ersom~ described in m~d who executed the ~dthin ~_stm~ent and du!~ aci~owiedged to me that he executed the s~.e~ ~[~ ~U~Ne, S~]fe of New ~o~K ~u~ified i~ %ffoik Co. Off. No. 2238 ~r~n ~es M~rch 30, THIS LEABE m~e in dupileat~ the l~t day of July~ 19~%~ betwe~ ~0UTH0~ ~ the O~unty of S~folk ~d ~at~ of New To~k~ by ~ ~jo~iSy o~ 15~ d~ly ~l~t~d T~us~s ~o~d by vi~tu~ of Chapte~ &l~ ,f the L~ws o~ th~ St~$o of New To~k. pa~ed in 1893. ~d a~t~ ~onda~ory the~oof~ ~d p~u~t to a ~iSten ~esolution adopted by a ~mj~i$y of tho Board of T~u~te~s of said T~ of first p~t~ ~d To~k~ p~y cf the $~cond p~ WIT~~H~ that th~ p~ty ~f the f~t p~t ham ~eed to 1, t ~d h~by does 1~ io the ~aid p~ty of th~ s~id p~ty oF th~ ~,cond p~t ha~ m~eed to hi~ ~d by th~e p~,~ent~ toe~ hi~e a~ t~ of ~d f~o~ tho Town th~ following l~d ~d~ water i~ Do~~ O~e~k at Cutohogue~ Southold. S~ffolk O,~ty. New l'o~k~ maid n~%h oF th. b~idg~ ~p~i~g ov~ D~ Creek ~nd oonn~t~ New ~de~. Wa~ no~th of ~aid b~idg, ~d bonded west~r!y, northo~ly TO ~E&~% ~D TO HOLD to~ th~, p~ty of th~ se~'ond p~vt for- th~ co~aene~g J~ly ist~ 1955 ~d endi~ J~ 30th~ i9~8~ a~ th~ y~ly ~e {If t~y feel it is for ~ be~% ~te~est~ of the To~) f~ pm~t cov~n~t~ with th~ T~ thmt it will pay th~ maid r~tal at Thi~ i~ i~ mad~ ~d ~cepted ~J~et to the~ollow~g lI~$~ ~ the above described p~e.mi~e~ with such m~k~ ths~eon 3, The p~y Of the second p~vt shall not v~l~te ~y vi~io~ ~f the l~ at ~y time ~ f~ r~l~g t~ th~ ~hell fish ~ese~h~ development a~ p~oduction of seed oyste~s~ and in t~ event that the pa~ty of ~he ~econd p~t d~ing the Thi~ i~e i~ s~b~o%~ ho~vo~ tc th~ public ~i~t of The :p~ty of tho secon~ pa~t cov,~n~$ Shat at ~he ~xpi~at~ by th~ e~mont~ IN WITNESS W~REOF ~, tho said ToWn of Southold,. p~ty of tho first p~t~ has by ~ v~t~ of a majority of gho Bo~'d of T~ust~ of ,~aid T~ caused It~ c~po~ate s~al to b~ h~r~m~to ~fixed~ ~d doi~g bu~in~g~ as VAN DER BORGE & SON L. So ) L.S.) L.S.) ~TATE O~w~ ~4 YOP/~ } O~ient~ N.,Y.~ ~V~ B. GOL~ITH~ of ~OuthOl~d~ N.Y~$' JO~ ~f. La~.~l~ N.~Y~ ~ FE~X D~WBO~ ~ New ~olk~ N~ ~ all. Sta~ of New To~k~ and w~ memb~m~ of th~ Bo~d of T~u~te~s of that it was ~fixed the~to by o~de~ of the Board of T~u~tee~ ~ ~id'To~ Of $Oathold ~d that ~h oho ~.igr~d ~ n~ thereto a ~t~ and by lik~ BTATE 0~ Nm~ 1~0~ ) COUntY OF ~FOLE i __ ~UL N~ WESTER~E~ ~.o. 5L~625500