HomeMy WebLinkAboutSummer Showcase Concert Series RESOLUTION 2022-396
a ADOPTED DOC ID: 18065
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-396 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 10,2022:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and
Summer Showcase Concert Series, Inc. for the organizing and hosting of the weekly concerts in
Silversmith Park for the 2022 summer season for the total amount of$4,200.00, subject to the
approval of the Town Attorney, funded from budget line A.7020.4.600.400.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski,Councilman
SECONDER:Brian O.Mealy,Councilman
AYES: Nappa, Doroski, Mealy, Doherty,Evans,Russell
AGREEMENT
THIS AGREEMENT, entered into thisa_3 a y of June, 2021, by and between the Town of
Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of
the State of New York with offices at 53095 Main Road, Southold, New York, and Summer
Showcase Concert Series of Southold,-Inc. ("Summer Series"), a not-for-profit corporation organized
under the laws of the State of New York with a principal address of 1374 Lighthouse Road, Southold,
NY 11971;
WITNESSETH,that the Town and the Summer Series, for the consideration hereinafter named,
agree as follows:
WHEREAS, Summer Series has historically organized and held free weekly outdoor concerts
during the summer months at Silversmith Corner, Southold New York, and
WHEREAS, the Town of Southold has historically granted permission to Summer Series to
hold the afore-mentioned concert series at Silversmith Corner, and
WHEREAS, the Town of Southold considers these events to be a benefit to the residents of the
Town of Southold and therefore has historically contributed towards the cost of holding the concerts,
and
WHEREAS, both parties desire to see the summer weekly concert series continue in the
Summer of 2022,
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein,
the parties hereto agree as follows:
1. Summer Series agrees to organize and host, a weekly summer concert series in Silversmith
k, Southold,NY each Wednesday evening from 7:30 pm until 9:00 PM July 6 through August 31,
the Southold Recreation Center will be made available in the event of rain. The gazebo shall
a so be available on Saturdays for one to two musicians to promote the upcoming concerts.
2. The Town agrees to allow Summer Series to use Silversmith Corner, at no cost, to hold
weekly concert events as described in paragraph "1" and agrees to provide access to electric for use
by the performers.
3. The Town Agrees to contribute $4,200.00 towards the cost of organizing and holding of the
concert series. Payment shall made to Summer series upon execution of this agreement and Summer
Series filing a voucher in a form acceptable to the Town Comptroller and any other forms requested
by the Town Comptroller.
4. The Summer Series shall be responsible for the full and correct performance of the Work
required by this Contract within the time specified herein, including work of the Summer Series'
Subcontractors, and any errors therein shall be corrected at the Summer Series' own cost and
expense. In addition, the Summer Series shall indemnify the Town for any costs or expenses
attributable to errors in performance by the Summer Series or the Summer Series' Subcontractors.
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5. Summer Series agrees that the money paid by the Town to Summer Series will be solely for
compensating those performers at the concert series events set forth in Paragraph"1" and that none of
the funds provided by the Town shall be used for the salaries or other payments to, the officers or
employees of the Summer Series, except for reimbursement of expenses incurred that are directly
related to the concert series events covered by this agreement.
6. It is hereby mutually covenanted and agreed that the relationship of the Summer Series
under this Contract shall be that of an independent contractor.
7. In accordance with the provisions of section 109 of the General Municipal Law, Summer
Series is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing
of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this
Agreement,to any other person or corporation without the previous consent in writing of the Town.
8. Any and all notices and payments required hereunder shall be addressed as follows, or to
such other address as may hereafter be designated in writing by either party hereto:
To Town: Denis Noncarrow
Southold Town Clerk
P.O. Box 1179
Southold,NY 11971-0959
With a copy to: Janet Douglass, Southold Recreation Center
Town of Southold
P.O. Box 267
Southold,NY 11971-0959
To Summer Series: Summer Showcase Concert Series of Southold, Inc.
1374 Lighthouse Road
Southold,New York 11971
9. The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on May 10, 2022. Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the
office of the Town Clerk.
10. No waiver of any breach of any condition of the Agreement shall be binding unless in
writing and signed by the party waiving said breach. No such waiver shall in any way affect any other
term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any
other breach unless the waiver shall include the same.
11. This Agreement constitutes the complete understanding of the parties. No modification of
any provisions thereof shall be valid unless in writing and signed by both parties.
12. This Agreement is governed by the laws of the State of New York.
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IN WITNESS WHEREOF, the parties have caused these presents to be duly the day and year
first above written.
Summer Showcase Concert Series, Inc.
By:
Obert Blank, P esident
Town of Southold
By:
Scott A. ussell, Supervisor
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� RECEIVED
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Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: June 23, 2022
Subject: Agreement between Town of Southold and Summer
Showcase Concert Series, Inc.
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
Recreation