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HomeMy WebLinkAboutGriffing Parking Lot Ac R® CERTIFICATE OF LIABILITY INSURANCE DATE /YYIY) 1o/1112011/zols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Barbara Dammers NAME Roy H Reeve Agency,Inc. PHONE Ext• (631)298-4700 a/c No, (631)298-3850 PO Box 54 E-MAILS: bdammers@royreeve com ADDRES 13400 Main Road - INSURER(S)AFFORDING COVERAGE NAIC# Mattltuck NY 11952 INSURERA. Travelers Ind Cc 25658 INSURED INSURER B: Town of Southold INSURER C P 0.BOX 1179 INSURER D. INSURER E. Southold NY 11971 INSURER F. COVERAGES CERTIFICATE NUMBER: CL17122807440 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO(R NTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 1,000,000 X $25,000.Deductible excluded MED EXP(An one person) $ A Y ZLP-15T70751 01/01/2018 01/01/2019 PERSONAL BADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 3,000,000 X POLICY❑JET LOC' 3,000,000 PRODUCTS $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BA-4F269272-18 01/01/2018 01/01/2019 BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Peraccldent $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS-MADE ZUP-61M72294 01/01/2018 01/01/2019 AGGREGATE $ 10,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E L If yes,describe under DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as additional Insured as per the terms and conditions of form#CGD480(02/09)-Public Entitles Xtend Endorsement,as required by written contract or agreement Use of public parking lot-Main Road,Cutchogue,NY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Dr Alfred-J Terp Jr &Marie Terp ACCORDANCE WITH THE POLICY PROVISIONS. P 0 Box 64 AUTHORIZED REPRESENTATIVE Southold NY 11971 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD PATRICIA A.FINNEGAN OFSOU SCOTT A.RUSSELL TOWN ATTORNEY �� TjfIO Supervisor patricia.finnegan@town southold.ny.us KIER.AN M.CORCORAN Town Hall Annex,54375 Route 25 ASSISTANT TOWN ATTORNEY P.O.Box 1179 G Q Southold,New York 11971-0959 kieran.corcoran @town southold ny us • �O LO1U HULSE MONTEFUSCO �'olrfun,� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile(631) 765-6639 lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD February 7,2006 RECEIVED Stephen D. Pinzino, Esq. Pinzino & Pinzino FEB $ n6 160 Plandome Road Manhasset, NY 11030 Southold Town Clerk RE: Alfred J.Terp/Town of Southold Dear Mr. Pinzino: I write in reference to the Lease between the Town of Southold and your above- referenced client, your prior correspondence and our recent conversation. I am advised by our Department of Public Works that most, if not all, of the necessary remedial work has been completed. Among other things,the Town required Corazzini Asphalt to remedy the surfacing and drainage issues,Terry Contracting to complete grading and clearing work, Town staff to remove all dead or overhanging limbs in the vicinity of the parking area, all required lighting fixtures to be installed and made operational, and required signage installed. We are hopeful that you will agree that all work has been completed in accordance with the agreed-upon specifications, and note that the Town has endeavored to meet the oft-changing needs and requests of your client, at substantial increased expense to the Town. However, to the extent you believe there remain required items that have not satisfactorily been completed, please specify any such items for the Town's-prompt review. e ruly ours rco, Corcoran nwn Attorney KMC/Ik cc: Members of the Town Board Ms. Elizabeth Neville,Town Clerk Mr. James Richter, Engineering Inspector Mr. James McMahon, Community Development AGREEMENT OF LEASE AGREEMENT OF LEASE made this day of May, 2003, by and between DR. ALFRED J. TERP, JR. and MARIE TERP, having an address at 15421 Peach Leaf Lane, Gaithersburg, Maryland 20878, hereinafter referred to as "Owner" or "Landlord" and THE TOWN OF SOUTHOLD, a municipality, having an address at Town Hall, 53095 Main Road. Southold,New York 11971, hereinafter referred to as "Tenant". WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED by and between the Landlord and Tenant that this lease is made upon the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutually covenant and agree to perform each and every one of the terns, covenants and conditions of this lease, and of all schedules and riders hereto annexed on their respective parts, as well as comply with the terms and conditions of improvements pursuant to the Plan annexed hereto as Exhibit "A," which each party hereto has signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval shall be material and a condition precedent to the terns of this lease. ARTICLE I-PREMISES SECTION 1.01 - Leased Premises In consideration of the rents, covenants and agreements hereinafter set forth, Owner hereby leases to Tenant, and Tenant rents from Owner, that certain parcel and/ or premises known as Suffolk County Tax Map # 1000-102-05, Parcel(s) # 03, 04 & 9.6, at Main Road, Cutchogue, N.Y. 11935, which premises consists of unimproved parking area(s) containing a gross area of approximately 38,250 square feet contained in separate lot designations (as per Plan and survey with metes and bounds description annexed hereto as Exhibit "A"), herein collectively called "Leased Premises." The parties agree that the Tenant is responsible for all costs of said survey, as well as solely liable for the accuracy of metes and bounds described therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments thereto, affecting the premises now or hereafter in force; to any state of facts an accurate survey may disclose; to covenants, easements, agreements and restrictions of record, if any, provided same do not prohibit the maintenance of an improved, paved public parking lot and to any state of facts a personal inspection of the premises might reveal. 1 1 ARTICLE lI-UTILIZATION OF PREMISES SECTION 2.01 - Use of Premises and Additional Areas of Premises The Tenant shall use the Leased Premises solely for the purpose of establishing and maintaining and conducting a public parking lot and for no other purpose. Notwithstanding anything contained herein to the contrary, Tenant agrees that it shall not, at any time, use or permit to be used, the sidewalk adjacent to the parking and common areas, or any other space outside the leased premises, for parking, display, storage or any other similar undertaking. SECTION 2.02 - Continuing Conditions Precedent to Lease It shall be a continuing condition precedent to this LEASE, that Tenant shall not erect or cause to be erected or have placed upon the demised premises any structure, building, edifice, landscaping, planting, barriers, monuments, benches or seating without the express written permission of the Owner, except as provided for herein and congruous to the specifications as contained in Plan annexed as Exhibit "A." It shall be a continuing condition precedent to this LEASE, that Tenant shall not cause, suffer or permit any other activity at the demised location other than municipal public parking, including but not limited to the following prohibited activities: Town of Southold official vehicle parking for storage purposes, washing, storage and/ or maintenance of any vehicle or equipment of Tenant. Overnight parking shall be prohibited except in the following designated parking spaces: #48-53, located in northwest vicinity at the rear of the Post Office. It shall be a continuing condition precedent to this LEASE, that the Tenant shall not cause, suffer or permit at or upon the demised location any activity characterized or advertised as, including but not limited to, festivals, meetings, carnivals, street fairs, auctions, flea markets,public assembly, bus or mass transit commercial vehicular activity,whether for hire or provided to the public at no cost,without the prior express written permission of the Owner. It shall be a continuing condition precedent to this LEASE, that Tenant agrees to remove, within one hundred and twenty (120) days of the execution of this lease, the existing park as shown on a survey of Peconic Surveyors, dated 6/23/95, annexed hereto, leaving only a flagpole, monument, clock and plantings, so as not to exceed sixty(60) feet from the curbline as existing at Route 25 and extending northward along Griffmg Street, and to install and maintain diagonal parking spaces adjoining the northeasterly side of Griffing Street substantially similar to how such spaces existed prior to the construction of said park area and congruous to the specifications as contained in Plan annexed hereto as Exhibit"A." SECTION 2.03 - Solicitation Tenant and Tenant's employees and agents shall not solicit in the parking or other common areas, nor shall Tenant distribute to the public therein or place any handbills or other 2 planted or written advertising matter on automobiles parked in the parking areas. Upon written notice by Owner, Tenant agrees to take all necessary steps, legal and equitable, to compel the discontinuance of said solicitation within ten(10) days of said notice. SECTION 2.04 -Utilities Tenant shall throughout the term of this lease pay all and any utility charges for utilities used at the demised premises, including, but not limited to, electricity, water, etc. It is the understanding and intention of the parties hereto that Owner leases the demised premises to Tenant without any services of any kind. SECTION 2.05 -Municipal Permits and Licenses Tenant shall, at its own cost and expense and upon its own responsibility, apply for and obtain any necessary permits and other licenses for use, conduct and maintenance of the parking lot in the demised premises. Tenant shall also pay any fees in connection with any licenses or permits required by the local municipal authority for any construction, demolition, equipment or machinery at the demised premises. A. Tenant represents that all construction and improvements will be undertaken in a good workmanlike manner and will be completed in an expeditious continuous manner once undertaken. Tenant represents that access/ egress from said premises shall not be hindered or blocked for any more than a continuous forty-eight (48) hour period. The Tenant shall grant to Owner and his other tenants and/ or employers special permits and/ or notification to enable them to utilize available on-street parking beyond the time limits imposed flee of violations and/ or summons during the period of construction and/ or improvements. SECTION 2.06 -No Non-Permitted Uses or Purposes Tenant shall not occupy or use, permit or suffer the demised premises or any part thereof to be occupied or used for any other permissible use or purpose other than municipal parking, nor in such a manner as to constitute a nuisance of any kind, nor for any purpose or in any way which constitutes a violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, or of the state, county or city government, or other municipal, governmental or unlawful authority whatsoever. Tenant shall immediately, upon the discovery of any such non-pelmitted use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any occupants, or other persons guilty of such impennissible use. Tenant shall indemnify and hold hannless Landlord fiom and against any and all cost, expense, claim, loss, damage, liability, suit, fine or penalty, including reasonable counsel fees, arising out of or by reason of or on account of any violation of or default in the provisions of this Article by Tenant, Tenant's agents, employees,representatives and/or associates. 3 ARTICLE III- COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 - Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants. For the purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick, mortar, concrete, stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or any portion of such areas or facilities to such extent as shall be sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein. With respect to an existing easement, no permanent parking curbs will be installed so as to inhibit or impede passage upon said easement by pedestrian or vehicular traffic along the eastern property line boundary for approximately twelve (12) feet to the property or land now or fornierly known as Old Town Arts & Crafts. The Town shall be responsible for taking all necessary steps for closing this easement for a period of 24 consecutive hours once per year (including all necessary publication). Copies of all relevant documents and notices shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment, Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffing Street. Owner will operate and maintain the common facilities referred to above in such a manner as Owner, in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 -Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting, signage, markings, waste removal, sanitation, sweeping, snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 Owner without the prior written approval of the Owner. Tenant shall erect five (5) security lighting fixtures with sufficient luminescence within the demised premises consistent with custom and usage in similar type public parking lots, and congruous to the specifications as contained in Plan annexed as Exhibit "A." In the event of the failure of the Tenant to generally comply with this regulation or any part thereof, Owner agrees to provide written notice of said failure and afford five (5) days to cure same. In the sole discretion of the Owner, should Tenant fail to cure same within said five (5) day period, the Owner may engage whatever services may be necessary to maintain the premises in a suitable degree of cleanliness and freedom from snow consistent with the standards of the maintenance of the Center and the terns herein, and that Tenant shall be responsible for all costs thereof. Tenant shall leave sufficient space within the demised premises, for the installation of, at the option of and in the area selected by the Owner as per the specifications as contained in Plan annexed as Exhibit "A," a metal container of the type supplied by carting companies for the purpose of accumulating garbage, i.e. a dumpster, for the sole use of Landlord, the Tenants of the shopping center and their patrons. ARTICLE V-ACCESS BY OWNER SECTION 5.01 -Easements Tenant shall permit Owner and/or its designees to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires, in, to and through the Demised Premises, as and to the extent that Owner may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property. All such work shall be done so far as practicable, in such manner as to avoid interference with Tenant's use of the Premises. Owner agrees to bear the costs of and be responsible for any and all re-paving, repair and/ or replacement of paved lot surface area demolished by any additions and/or improvements to the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property actions undertaken by Owner pursuant to this paragraph. Tenant agrees to bear the costs of and be responsible for any and all other re-paving, repair and/ or replacement of paved lot surface area made necessary by deterioration, normal wear and tear or any other causes, natural or otherwise, not attributable to additions and/ or improvements to the buildings by Owner. Anything herein to the contrary notwithstanding, Tenant shall, at Tenants' own cost and expense, secure and pay for all repairs to foundation paving and drainage system and for all maintenance and services required by Tenant for the preservation of the demised premises, including,but not limited to, electricity, light,maintenance services, garbage and waste disposal and snow removal. Landlord shall have no obligation to furnish or perform any repairs, maintenance or services,including but not limited to those berembefore noted. 5 SECTION 5.02 -Expansion Notwithstanding this Lease or anything to the contrary herein, Owner reserves the absolute right to extend the existing buildings on his real property as depicted by the shaded area in Exhibit A. Owner agrees that should said expansion take place, Tenant shall just compensation equal to the cost of the portion of the Demised Premises built and expanded upon by Owner. Said expansion shall not alter any of the existing rights and obligations of the parties to this Lease. If, as a result of said expansion, additional parking spaces designated solely for the benefit of the other tenants of the Owner are necessary, said spaces, in addition to the four (4) spaces allotted herein, shall be granted and designated at the rate of one (1) additional space per additional Tenant. ARTICLE VI-ENVIRONMENTAL REQUIREMENTS SECTION 6.01 -Environmental Compliance With respect to the demised premises, Tenant, at its sole cost and expense, shall fulfill, observe and comply with all of the terms and provisions of and shall cure all violations arising from all applicable governmental laws, rules,regulations, ordinances and/or requirements relating to air, ground and/or water pollution and protection and/or preservation of the environment, and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with the Environmental Protection Agency, or any Department of Environmental conservation or any subdivision or bureau thereof or any other governmental or quasi-government agency, authority or body having jurisdiction over such matter. Without limiting the foregoing, Tenant agrees that it shall prepare, deliver and or file with the applicable governmental authorities, all forins, certificates, notices, documents, plans and other writings, and furnish all such other information as may be reasonably required or requested by any applicable governmental authority, in connection with compliance or curing of any applicable requirement related to the termination of this Lease, the sale or transfer of Tenant's Building and/or the Land. ARTICLE VII-INDEMNIFICATION SECTION 7.01 -Indemnification of Owner The Tenant shall defend, indemnify and hold Owner harmless from and against all liability, claims for bodily injury, death and property damage, as well as reasonable attorney fees, arising out of the negligent acts of Tenant incurred by Owner in connection with this Agreement or the performance of its duties hereunder, or between the Owner and any third party arising out of the negligent acts of the Tenant, except if such liability or expense is the result of the gross negligence of willful misconduct of Owner. 6 ARTICLE VIII-INSURANCE SECTION 8.01 -Liability Insurance Tenant and/or its subcontractors, agents or assigns, throughout the term of this Lease, shall, at its own cost and expense, obtain and maintain in full force and effect, a policy of general liability insurance having a limit of$5,000,000.00, from a financially responsible insurer licensed to do business in the State of New York. Said policy shall name Owner as an additional insured. Tenant shall deliver to the Owner a certificate of such insurance policy on or before the beginning of the term of this Lease In the event of the failure of the Tenant to secure, maintain and pay for such policy and to provide a certificate thereof to Landlord, Landlord may, in Landlord's sole discretion, order such policy and the premium cost thereof shall be due from Tenant as additional rent hereunder or Landlord may elect to treat such failure as a default hereunder, in which case, Tenant agrees such default is a material default of the Lease. If there is any material damage to or destruction of the Demised Premises or any part thereof, Tenant promptly shall give written notice thereof to the Owner, generally describing the nature and extent of such damage or destruction. If there is any damage to or destruction of the Demised Premises or any part thereof, Tenant, at Tenant's expense whether or not the insurance proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, the restoration, replacement or rebuilding of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such damage or destruction. Pending the completion of such Restoration, Tenant shall perform all temporary work and take all such actions as may be necessary or desirable to protect and preserve the Demised Premises. SECTION 8.02 Property Insurance Tenant shall have property insurance in place through its regular policies of insurance of at least$100,000.00 (one hundred thousand dollars). ARTICLE IX-ABSENCE OF REPRESENTATIONS SECTION 9.01 -No Representations of Owner Neither Owner or Owner's agents have made any representations or promises with respect to the physical condition of the buildings adjacent to the demised premises,the land upon which they are erected or the demised premises, the rents, leases, expenses of operation or any 7 other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and/or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit"A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is In writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The tern "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02 -Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (100%) percent of any and all taxes, including, but not limited to, real estate/school/town/village/fire districthvater/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is directly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is 5970.41. All parties agree that for the term of the lease the Owner of SCTM # 1000-102-5-9.6 shall not pay more than $970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid)the owner the difference of the actual tax due and$970.41. 8 SECTION 10.03 - Continuing Condition of Real Estate Tax Cap Notwithstanding any expiration or tennmation of this lease prior to the lease expiration date (except in the case of cancellation by mutual agreement) Owner's obligation to pay any and all taxes hereinbefore noted under this lease shall continue and shall cover all periods up to the lease expiration date. The Town agrees that for SCTM # 1000-102-5-9.6 even if the Town terminates the lease the Town shall pay to the Owner (within 30 days of receiving notice from the owner that the tax due and owing was paid) the difference between the actual tax due and owing for any given tax year and the actual tax due and owing as of tax year 2002/2003 ($970.41) for all of the years originally included in this lease. ARTICLE XI-RENT The Tenant shall pay to the Owner, his heirs, assigns and successors; rent at the rate of ONE ($1.00) DOLLAR per year, payable on the anniversary date of the execution of lease. ARTICLE XII- TERM The term of said Lease shall be TWENTY (20) years, all dates calculated from the date of a fully executed lease. ARTICLE XIII-NOTICE SECTION 13.01 -Requirements Any notice by either part to the other shall be in writing and shall deemed to be duly given only if mailed by certified mail in a post-paid envelope, return receipt requested, addressed: (a) If to Tenant, at the TOWN HALL OF THE TOWN OF SOUTHOLD; (b) If to Owner, at the address set forth herein, or at any other address as Owner may deem from time to time designate by notice given to Tenant. ARTICLE XIV-NO ASSIGNMENT SECTION 14.01 -No Right of Assignment by Tenant Tenant shall not be permitted to assign, sublet or transfer any of the rights, duties and obligation hereunder and this lease may not be assigned without the prior written consent of the Owner. 9 ARTICLE XV-DEFAULT SECTION 15.01 -Defaults and remedies If(1) Tenant defaults in fulfilling any of the covenant or agreements or any rules or regulations of this Lease on its part to be kept or performed and such default is not made good within ten (10) days after written notice from Landlord or its agent, or within such additional time as Tenant may be prevented from malting good the default as is caused by delays attributable to strikes, labor troubles, acts of God, govenunental prohibitions and similar causes beyond Tenant's control, or (2) If this Lease is transferred to or devolve upon any person or corporation other than Tenant, except as may be specifically permitted by this Lease, or if this Lease is mortgaged or assigned without the written consent of the Landlord, then and in any of such events mentioned in this subparagraph "A" the term thereof, shall thereupon ipso facto expire and come to an end as if such expiration was so fixed by the terms of this Lease on tenth (10th) day of such default as mentioned in (1) above and Landlord may re-enter upon the demised premises either with or without process of law and remove all persons and property therefrom and Tenant shall quit and surrender the same to Landlord and Tenant shall remain liable as hereinafter provided. Iu the event Tenant shall fail, neglect or refuse to quit and surrender the demised premises upon receipt of notice from Landlord declaring the term hereof at an end, then Landlord may commence a summary proceeding to remove Tenant from the premises as a holdover. If the default is of such a nature that it cannot be cured within ten (10) days, if Tenant commences to cure such default within ten (10) days and proceeds diligently to remedy such default,the Landlord shall not have the right to terminate this Lease. If the term of this Lease shall expire as hereinabove provided, Landlord may re- enter the demised premises and remove Tenant or its legal representatives or other occupant and/ or property by su nmary proceedings or otherwise and Tenant hereby waives the service of notice of intention or to institute legal proceedings to that end. In case of any re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Tenant shall be liable for any and all expenses as Landlord may incur for legal expenses, attorneys fees and/ or putting the demised premises in good order. The words "re-enter" or "re-entry" as used in this Lease shall not be restricted to their technical legal meaning. In the event that the Tenant is successful in any proceeding brought pursuant to the provisions hereof, it shall be entitled to its reasonable legal fees. In the event of a breach or threatened breach by Tenants of any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in lav or in equity. Tenants hereby expressly waive any and all rights of redemption granted by order or any present or future laws in the event of Tenants being evicted or dispossessed, or in the event of Landlord obtaining possession of the demised premises by reason of Tenant's violation of the provisions of this Lease. If Tenants shall default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Landlord may, at its option, perform the same for the account and at the expense of Tenants. If Landlord at any time shall be compelled 10 to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with any provision of this Lease, or if Landlord incurs any expense; including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Tenant under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall be due from and be paid by Tenant to Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Tenant may, at its option, perform same for the account and at the expense of Landlord. If Tenant at any time shall be compelled to pay or elect to pay any sum of money by reason of the failure of the Landlord to comply with any provision of this Lease, or if Tenant incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Landlord under this Lease, the sums so paid by Tenant with legal interest, costs, and damages shall be due from and be paid by Landlord to Tenant on demand. In any case where Landlord brings any action or summary proceeding for any default of the Tenants hereunder, Landlord shall be entitled to reasonable attorney's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Likewise, in any case where Tenant brings any action or summary proceeding for any default of the Landlord hereunder, Tenant shall be entitled to reasonable attorney's fees; plus filing fees, sheriff's fees, if any, for any action or proceeding. Parties each waive trial by jury in any summary proceeding. IN WITNESS WHEREOF, the parties have signed this twelve (12) page agreement the day and year first above written. Landlords: ) Dr. Al d J. Te Jr. ;V� MariVFerp i Tenant: THE TOWN OF SOUTHOLD By: /oshua Y. Horton, Supervisor 11 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) jvy'E On the (zl day of , 2003, before me the undersigned, a Notary Public in and for said State, personally appeared ALFRED J. TERP, personally 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 as having Power of Attorney for DR. ALFRED J. TERP, JR. and MARIE TERP, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the insti ament. 0-M E.SAYM Pte.Sumo Of t C n No.494 QAftd No PublicrAw**2 BOM a`7 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the l day of May, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared JOSHUA Y. HORTON, personally 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 as Supervisor of the Town of Southold, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. .k'k �, V, �", Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01D04634870 Qualified in Suffolk County Commission Expires September 30, 12 - AFFIDAVIT THAT POWER OF ATTORNEY IS IN FUI,I_,FORCE ' (Sign before a notary public) STATE OF-NEW YORK COUNTY of es.: AI,FREVD J. TERP, SR. , • beim duly sworn,deposes and says: 1. The Principe within did,in wr_hng;appoint me as the Frincipa''s'true and lawful AI"1--0RNEY(S)-1M-FACT in the within Power of Attorney. - 2. 1'havd'no actual'knowie'dge dr actual notlbe of revocation or termination of the'flower of1A6r'-t ey liy"def�Y otherwis6, Sr knowledge of any facts indicating the same'. I further represent that the Priq�ipaf•is allure; to not revokedor repudiated the lower',df Atfc�rney and the Power of Attorney still is is full.force�d 3. I makethis affidavit for the purpose of inducing to accept delivery of the following Instrument(s),as executed by me in my-capacity as the,ATT91ZNEY.(S)=S�i- FACT,with full k.4wledge that this affidavit X711 be relied upon in accepting the execution and delivery of the f"nstr iment(s)and in paying good and vaivable consideration ih�for: r err . - „ .. . - - . • . Sworn to before me on . , . . r r I,k• r f n ,- +1 i� v.a + Publisher's Note: The publisher maintafns property rights in the layout,graphics design and typestyle of this,form as well as in the company's trademarked logo and name. Photocopying of blankprinted copies of this form without the publisher's serrnission is prohibi#ed 4(Kh un te{tboriaed use may constitute a violation of law or of professional ethic rules. however,�iscce a ferir%has!leen filletl�uv ltoiocopying��Mmitted. . DURABLE Pow r o� A t' 'IUY Statutory Short Form TO , Dated, _ . . - g1—swacryshortform orG4oera Nwcr ofAmm6y: wwwbl.blu M,mbergcorn oor, NYC ;m013 woh afMavhofpnorxy,UMI�15RI;12 p:type,i-M a.w+an DURABLE GENERAL POWER OF ATTORNEY IN9W YORK STATUTORY SHORT FORMT THE POWERS YOU GRANT BELOWCONTINUE TO BE EFFECTIVE SHOULD YOV BECOME DISABLED OR INGOMMENT Caution:This ie as important document It gives the person whom you designate(your`Agent") broad powers to handle your property during your lifetime,which may include powers to mortgage,sell, or otherwise dispose of aay real or personal property wWmut advance notice to you.or approval by. you. These powers will continue to exist evens after you become disabled or,incompetent. These powers are explained smopefuily in New York mineral Obligations Law,Article 5,Title 15,Sections 5-1502A through 5=1503,which expressly permit the use of any other or different form of power of-attorney. This document does not authorize anyone to snake medical or other health care decision& You may execute a hesith_care proxy to do tlds. If there is anything about this form that you'do not understand,you should ask a lawyer to explain it "•3,Fou. This is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations I.aw: Loaf Lane, Gai;.hereburg, MD •20878, both, jointly and severally do hereby appoint: (insert your name and address) Alfred J. Texp,• Sr_r14.85.,Hobart Road, Southold, NY 11971 (If Pperson Ipto=be,appointed'agent, insert the name and,addtess ofyoi eagent above) (If 2.or more pit o, s fps W,;Se appointed agents by you insert a�pve) ray attorneys)-in-fact TO ACT (I asrvre,tha g !It gstgrated;C 7O 011 �+fticefpldc y n rtwo,4pw es 63 pustiragyour^initaa irr QldEof'Ae blank spaces to the left of your choice:} ( J Eachspend i. 0,,SEl?ARA7MLY act. C ) All agents nrtcsi�t T®.Cx�'f• R_- , .,: - - , (If neither blank space is 4nMaled,the agents will be required to act y'O_6ETHZR) IN MY NAME,PLACE AND STEAD in any way which I myself could do,if I were personally present, with respect to the following matters as each of therm is defined in Title L5 of Article 5 of the New York Genceal,Obligations Lav to the extent that,I-am,putted •tQ a t t� h;gin went: This Durable Power of Attorney shall not be affected by my subsequent disability or incompetence. If every agent named abbve is tunable or unwilling to serve,I appoint(insert name and address of successor) to be my agent for all purposes hereunder. To induce_arm third party-to'wt hery ,I hereby agree that anyc,thk*partV..t!eceh4W a duly-executed— copy copy or facsimile of this iastraament may met hereunder,and that revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs,executors, legal representatives and assists,hereby agree to Indemnify and hold harmless any such third party from and Against spy aaii,all,;WMs that Mgy.-*rise aggipst,such third party by reason of such third party having rii'RC or{i,the of O.Wttotent. This Durable General Power of Atterney may be revoked by me at any time. I n Witless Whereof,l have hereunto signed my name this - day of L�\ �'� j f (YOIi3 SIGN I3ElaE:) (Sigraamre ofP ,ncapal) MXWOWUMOMENT iM NEW YOM$TATE(RPL 304) ACKMOV&WGMW OUrSIAE NTINYOM NATE(RPI SOM) State of iv nit— 1 Stan,9f M�Rx> v>3 se.: cou4ty®g tv� a�...- i } County o�jv�ar grt�t ` } i 2v F cfcir sn�e,the utsd@esJ E1 Y_ M q _-;'�.—, , 3 before me,the,=dM)Pod, - FexscrnallyPersonally aFP Alf red Je rome_,:°i� i<tarie merp persondly,'known to me or proved to use on the basis of satin- personally known to me or proved tQ.ine qn the mals 4 si6i factory evidence to be the•indlvidisal(s)-whose name(s)is(are) factory evidence to be the individuals)whc?es_ns se�sris'(areY subscribed to the within instrument and seknowledggd to ane subscribed to the within instru stent=and acS ncV edged to me_= that h�,/QrJthey executed"the e k.=in hisMet�ir capacity(ies), that he/shchhey executed the same itq;lii'51her6gir capa.*f,;s and that by' i31br/theiretiire�8)`on`gh0 instnimeut,the and thst'by his/her/their signature("s)on'!U-fistr'oment.tbli- individoal(s) or`t ` rson'u 'on belie ofW" h the indiv disat(s), of the person' upon-bt baTf o€ev3ikR thi indiyidusl(O, ed ted the i individud(s)acted, executed the instrument, and that_such _} individual,made such appearmcq before the vs dmigned'in {slg n, owtoOpment) (insert dry or polideal suSdtvtsrorr and stare or county or other place - .. - ;, acknawledgmeru takan} E,'''�� - •� - - t.IaltltlER ,,,,,... V pjpjc S ATC 003 (signatum and affice}ofiindhldual taking acknowledgm en t) r r - i� . ..--tJi .P ���. .C,Sa' 'i�,,f'� �7..Q int�. �-✓!� V�f^�`� MOW RACASI TE OF MARWAND 4 C�aram1490n Exptrea Moy 25,2005 (DMCT'IONS: Initial in the blank space to the left of your choice any one or more of the following lettered subdtvls14ns as to which you WANT to give your agent authority, If the blank space to the left of any particu)dr lettered subdivision is NOT initialed,NO AUTHORITY W11M BE GRANTED for matters that are included in that subdivision. Alternatively,the letter eorrenwnding to each power you wish to grant may be written or typed on the blank line in subdivision"'°(Q)", and you may then put your initials in the blank space-to the left of the vVib vision"(Q),",ht order.to.grant each of the powers so iiaidfcated. a [ ] (A) real estate transactions, [ ' 1 (Ali) pWJdng gifts to my spouse,children { ] (8) chattel.and goods'tr ansactions; and more remote descendants,and parents,not to exceed in the j (C) bo share and commodity - , aggregate$10,000 to each of such persons in any year; [ .. �. banking•transactons;,`_.. i ,-. ., . � .r • •�•.:(N)---,tazkmatter�; , .. . . .. ] (E) business operating transactions; ] (0) all other matters; } (F? insu re trastsa�tiatxs;. ° ,(P) ,,folk and unquftlified authority to nay [ j (G) estate transactions; attorney(s)-in-fact to delegate any or all of the foregoing powers to any (FI} claims and litigations; person or persons whom my ( (.l) personal relationships.and affairs; attorneys)-in-fact shall select: (1), benefitsfre�m"xtnilitsfty' 'i E' (Q)',each of the above mitters identified ] (K) records,reports and statements; by the following letters: C } (L),retirenwrit benefits transactions; (Special previsions-and liri i ations'rnay"be tnd uderl in the statutoq,ishort form durable power of attorney only if they conform to the requirements ofseetior 5-1503 of the New York General Obligations Law.) .r: ^7: •_ .pc„tf�i ^�<, r it ft's,{1 'i Y• .: - - --- i .r• r r r , ;,.,tjr, •^r 71 r' �{f r .l.f�a,.i ,( 4C1��`r: :i.r�.i%r�,. r r r . . . .t_ r t t ..'+ •.r .t' .. fir; arz .# zr .rd.S'} . 'r , t's,. . �}°• '`: ."i .r^._+n{r.. . :i , .Ci ;<.ip':Ci. . .. ,• ;('" _ .r . .=t . •n, .- • •i.� -t - �} ��fs;l a/7°, t<.•i:, .1If'• k:>' .,. + - r . ,.. . •t • .- ] r-a. ii=ry E'i•: ti,o'r r ... 7 .f�h• 'f.t� i r ... .G r xr,,- r r - . ,''� r . .. • •t `�(fF . 'il:�J. - ii,.t' ,•.f• rr.r ' .x ,:l . .tf . t, r •i. r r ,e?, r{ ,. 'r:i, ` S' ;: a.' r ��ti � t= 3; _, r n'i3, rr', , • 'I Y• >; 4 s i y C �'1vE•}' i t. ' ' . r.. t . OECD Exhibit "A" THE SITE PLAN CONTAINED HEREIN HAS BEEN GENERATED FROM FEED ALL SITE S ONE.THE CONTRACTOR SHALL D RESPONSIBLE FOR ALL SITE SURVEYING TO VERIFY GRADES AND PROPERTY LIN[S ` Thi.Orewin9 1°not n SurvnY! l scrR rf t00o-1Rasu$ - sc1N r moo 10206 I SmAdd 7f @m,7D ARTS b CSI�O�� CD�Ii:J DepullfflaW 6CTH A 1000101450 C tLT • N all sLTMo Op ICES ImI O 1.1 1000.10$.p5p6 " i `o00 �z � GR1FF Z 1NGSTREET m O L� II(r-)�1 {L t 4J =x 9 O r Z 130 a. a In Lu t U Q T' N 3 W pF ,LI D a� N m O O r� TS r N Q= O X ME d C �® N F® O OJLO Proposed Parking Plan Drawing: GRIFFING STREET - CUTCHOGUE VILLAGE SPA Scale: V=70' �' Sheet# 7 of f`IZN Oe Ux114 •..i +Ic3 ! 1•"il nunnV gmasry rrV al''rV O 06 sm u an / pµ�grna,auxn � �4`�a. /, �.>���,/ _ __ ___ _ _ •h4 PJ9�4+•'� !}rx �+vwtonaiT - 11{ .. Llx)Z"if l,uiV N!}h Arm't^`L+nr 4i)Ih))»IrMCf :'�`•,d..�' ver 4��»a{cot nnux, }, i„•nZ9'91 t9[(ILN) o i i •f��a�'a'•� I:.bl i'Ua.LI tiu\i�PlaR,nuq aJ y)�i'e5'PIYIV7,roS ro n,xa,{• ain)al 7 ” i{W51 nuac!n,,l WlilJavdLl rUnaMnS.Uel7�PUJa x,114��t'-j ti0A41.�1f•}S UhtV'I C1921'tl5t`.r)11 gj'Z11 �-o�,�+^.a®� � m`; r t 8 s �� _ y'-y e•t X13 ,� 0z` ll;-:I v a LIQ i4,j zrd �_�•�, � ztk cr1 �`s �l '"'� ® t-r Y ....^-•" i c � 1� p qp- i IV •! N � in �-�'.`�°•� '^`�l>ra� R� U � 1 N _ iN''+ y-...,._----•" •^^ ,N i �(} V I �wvz�7 r-.;.�c,_.s-� I � e .R_t �sx'2`-,_.✓�`^~- .•�'��••^_�,,.,..-•-""i'-Y•.- � 1 In 52 l � •�1�---------�......._-_ - `�� a � �' imp•, ~-•"'__� 1A , � '. 'a ; , M57E N� _ �.." _. � �. a=a�.�.6'W�.._...`9/5'J��,sJ•�`- -..� „_ „g1,6rc'e�`ci""1 Mo, c���r-� 'b�J• ,�_ -="iia _ Q./E� _._ —�;..�••cmo v�d.f-•+_.cr.-c�fOCo�r' f'^' _Saf"�..___._-__ ___.' - ���.a; v67r h e�`= ®r4 3DATi CERTIFICATE OF LIABILITY INSURANCE APR 1503 TM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H REEVE AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 54,13400 MAIN RD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MATTITUCK NY 11952 ALTER HE C01lERAGE AFFORD-- 6Y T EPO 1C ES BELOW, PHONE: 631-298-4700 FAX: 631-298-3850 f INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Protection Ins Co TOWN OF SOUTHOLD INSURER B. P.O.BOX 1179 53095 MAIN ROAD INSURER C: MAY G 200 SOUTHOLD NY 11971-0959 INSURER D: ELI INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN ,DIC 4xi H AUN -tO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS iCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATEUVAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS "Is TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY l�P1RATiDN LIMITS LTR DATE MMIDI)MY DATEtEMX0 GENERAL LIABILITY 3XZ203817-00 JAN 103 JAN 104 EACH OCCURRENCE S 1,000,000 ( X COMMERCIAL GENERAL LIABILITY PRREMEMGEISES S(RENTED ca oocu%rce $ 300,000 P CLAIMS MADE U OCCUR I MED EXP(Any One Person) S 5,000 A PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE is 3,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. 1$ 2,000,000 POLICY AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY j NON-OWNED AUTOS (Peracctdent) $ i PROPERTY DAMAGE I$ GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBERELLA LIABILITY 3XZ203818-00 JAN 103 JAN 104 EACH OCCURRENCE $ 10,000,000 7X OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ X RETENTION $ 10,000 Is WORKERS COMPENSATION AND we . OTHER TORY LLIMITS EMPLOYERS LIABILITY i NY PROPRIETOR/PARTNERlE7CECUTNE E.L.EACH ACCIDENT $ OFFICEPJM•eMBER EXCLUDED' I E.L.DISEASE-EA EMPLOYEE S It yes,describe under SPECIAL PROVISIONS betow EL DISEASE-POLICY LIMIT Is 4 OTHER: DESCRIPTION OF OPERATIONSILOCATION)VEH1CLESIEXCLUSIONS ADDED ENDORSEMENT/SPECIAL PROVISIONS COMMERCIAL GENERAL LIABILITY POLICY-EACH OCCURRENCE OF$1,000,000 INCLUDES PROPERTY DAMAGE LIABILITY. ADDL INSURED INCLUED ON GENERAL LIABILITY POLICY: ALFRED J TERP-FOR LEASE OF PARKING LOT AT MAIN ROAD CUTCHOGUE NY CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGAT10N OR LIABILITY OF ANY KIND UPON THE DR.ALFRED J TERP JR.& INSURER ITS AGENTS OR REPRESENTATIVES MARIE TERP AUTHORIZED REPRESENTATIVE 15421 PEACH LEAF LANE GAITHERSBURG MD 20878 0 Attention: ACORD 26(2001108) Certificate# 2278 Thomas A. Dickerson IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endcrsement(s). If SUBROGATION 1S WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer richts to the certficate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACCRD 2=-5(7/97) �o�ogtl�FDL��oa Southold Town Hall, 53095 Route 25 Robert I.Scott Jr.,Chairman �, y� P.O. Box 1179 Scott A. Russell, Assessor y Southold,NY 11971-0959 x Darline J. Dufff, Assessor p • t Fax: (631)765-1356 y ! Telephone:(631)765-1937 wol * BOARD OF ASSESSORS TOWN OF SOUTHOLD Date: 11/29/04 To: Elizabeth A. Neville, Southold Town Clerk From:Robert I. Scott, Jr., Chairman., '- RE: Verification for Taxes Terp Parking Lot The taxes for 2003/04 on SCTM# 1000-102-5-9.6 are $1,014.95. They are paid in full. The amount due to Mr. Terp as per the lease agreement is$44.54. If you have any questions, please give me a call. �oSu�Fo��-c �� GG ELIZABETH A.NEVILLE a y� Town Hall, 53095 Main Road TOWN CLERK ear: x P.O. Box 1179 REGISTRAR OF VITAL STATISTICSO Southold,New York 11971 MARRIAGE OFFICER if'O a��� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER 1 Telephone(631) 765-1800 FREEDOM OF INFORi\UTION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert 1. Scott, Jr.,Chairman,Board of Assessors From: Elizabeth A. Neville, Southold Town Clerk Re: Lease for Terp Parking Lot Date: November 22, 2004 In accordance with Town Comptroller Cushman's request, please certify that Mr. Terp's calculations are correct regarding the payment of taxes and amount due him. Thank you. Neville, Elizabeth From: Cushman, John Sent: Monday, November 22, 2004 1:28 PM To: Neville, Elizabeth Subject: RE:Al Terp Betty, As I recall,we wanted the Assessors to certify that Terp's calculations are correct. Therefore, please send it to them asking them to certify, then send it over to me and we will process for payment. Thanks John From: Neville, Elizabeth Sent: Monday, November 22, 200410:21 AM To: Cushman,John Subject: Al Terp John, 1 have the request from Mr.Terp. Do you need a voucher with it? I have attached a copy of the tax bill, Article X, Sec. 10 02 of the lease Please let me know how to proceed with it. Thank you Betty i To. Southold Town Clerk Elizabeth A. Neville From: Alfred J. Terp Re: Lease Agreement Public Parking Lot Date: November 15. 2004 In accordance with the Lease Agreement between Alfred J. Terp,Jr. & Marie Terp and the Town of Southold for the premises located at Main Road, Cutchogue,New York, SCTM# 1000-102-05 Parcel(s) # 03. 04& 9.6, Article X. Section 10.02 - Real Estate Tax, I hereby apply for payment in the difference in the actual tax due and $970.41 for the tax year 2003/2004, said amount being $44.54. Alfr d J. TV, Jr. I other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or othenvise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake i construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and/or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit"A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective. to change, modify, discharge or affect an abandonment of it in whole, or in part; unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02-Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (100'/0) percent of any and all taxes, including, but not limited to, real estate;`school/towri/village/fire district!Nvater/seNver taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase m taxes on any or all of the parcels due to the portion of that increased assessed valuation which is direotl_v attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tac Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is 5970.41. All parties agree that for the term of the lease the Owner of SCTIv1# 1000-102-5-9.6 shall not pay niore than$970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid) the owner the difference of the actual tax due and$970.41. 8 I I TOWN OF SOUTHOLD o Town Hall, 53095 Main Road RECEIVER OF TAXES CA x P.O. Box 1409 W- Southold,New York 11971-0499 Fax (631) 765-1823 1 l �► Telephone (631) 765-1803 i OFFICE OF THE RECEIVER OF TAXES TOWN OF SOUTHOLD i X09:300'I EC'OT- 00"0S &I-'LO_S fi00'iSO;i0 3'IVH QPIZ 3ZIS On3Q eC+3-K)011 900 ' 00'0fi L1--LOSS sQOZ;50%TO AIVH ,LST 8^LS 11IdQ 31]CQH.-)J1-- ------------- -------- --------------- --------------- ---------- -------- ------------------- i GOHT3W HJT-JB C11Vd �ZIT-ftI fd QI fd S3; ACOPD TMCERTIFICATE OF LIABILITY INSURANCE 1DAT12JI52006YYY) PRODUCER Phone (631)298-4700 Fax 631-298-3850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H REEVE AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 54 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MATTITUCK NY 11952 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# i INSURED INSURER A MARKEL AMERICAN INS CO 28932 TOWN OF SOUTHOLD INSURER B American Alternative Insurance Company C/O SOUTHOLD TOWN HALL INSURER C P.O.BOX 1179 ----- - - SOUTHOLD NY 11971 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR DATE MM/DDIYY DATE MMfD01YY GENERAL LIABILITY CPEL-1001-06 01/01/06 01/01/07 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea occurence) $ _ NIA J CLAIMS MADE a OCCUR I MED EXP(Any one person) is — N_ /A A X $50,000 DEDUCTIBLE(SIR) PERSONAL 8 ADV INJURY Is 1,000,000 I GENERAL AGGREGATE Is 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 1$ 1,000,000_ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS ` BODILY INJURY f (Per person) $ I SCHEDULED AUTOS I � - / HIRED AUTOS ( BODILY INJURY —_— - NON-OWNED AUTOS (Per accident) $ I I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY 60A2US000067702 01/01/06 01/01/07 EACH OCCURRENCE $ u 1_0,0_00,0.0_0 X 1 OCCUR ❑CLAIMS MADE AGGREGATE $ 0 Fxi DEDUCTIBLE $ RETENTION$ 10,000 CSAT $ WORKERS COMPENSATION AND TORYTLIMIT. OTHER 1EMPLOYERS'LIABILITY EL EACHACCIDENT ($ ANY PROPRIETORIPARTNERIEXECUTIVE ----- - OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE is If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COMMERCIAL GENERAL LIABILITY-EACH OCCURRENCE OF$1,000,000.INCLUDES PROPERTY DAMAGE LIABILITY. ADDL INSURED INCLUDED ON GENERAL LIABILITY POLICY:ALFRED J TERP-FOR LEASE OF PARKING LOT AT MAIN ROAD, CUTCHOGUE,NY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE DR.ALFRED J.TERP JR.&MARIE TERP TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER CMR23152 BOX 473 ITS AGENTS OR REPRESENTATIVES APO AE 09227 AUTHORIZED REPRESENTATIVE l Attention: Th Oe ACORD 25(2001/08) Certificate# 8774 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. r_ _.r ACORD 25-S(2001108) Certificate#8774 e� L�V American Alternative Insurance Corporation ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES Date Issued:03/22/05 Named Insured Endorsement Number Town of Southold 3 Policy Number Endorsement Effective 01-A2-RL-0000022-00 "' 01/00105 Countersigned by (Aut6w rsentativel�����./�0' The above Is required to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule L4 diAL+, c 4 a j c> t-c SS Manager's or Lessor's Name(Additional Insured): Dr.Alfred J. Terp&Mary Terp aa t� 15421 Peach Leaf Lane ,-0. Sow Gaithersburg, MD 20878 �Soa.-hva -tcle. 431 7G5 -87d 5 Designation of Premises(Part Leased to You): Parking lot in rear of 28195 Main Road, Cutchoque,NY 11935(Comer of Griffing St.and Main Rd.) A. With respect to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Manager or Lessor shown in the above Schedule with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Insured in your policy. Such person or organization is an Insured only with respect to their tort liability assumed by you relating to and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the above Schedule.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. The Manager's or Lessor's status as an additional Insured under this endorsement ends when this policy terminates, you cease to be a tenant in the leased premises or when the lease terminates,whichever occurs first . B. The contract or agreement referenced in Paragraph A.above must be: 1. In effect at the inception of the Policy Period or becomes effective during the Policy Period; and 2. Executed prior to the Bodily Injury, Property Damage, Personal and Advertising Injury covered under this Coverage Part. J Includes copyrighted material of the Insurance Services Office. Inc.,with its permission. RL 2065 01/02 Endorsement Number 3 Page 1 of 2 ADDITIONAL INSURED-- Date Issued: 03/22/05 MANAGERS OR LESSORS OF PREMISES C. With respect to the insurance afforded this additional Insured, the following exclusions are added: This insurance does not apply to: 1. Structural alterations, new construction or demolition operations performed by or on behalf of the Manager or Lessor shown in the above Schedule. 2. Bodily Injury,Property Damage, Personal and Advertising Injury arising out of the sole negligence of the Manager or Lessor shown in the above Schedule. 3. Property Damage to that part of the premises leased to you and described in the above Schedule. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc..with its permission. RL 2065 01/02 Endorsement Number 3 Page 2 of 2 Neville, Elizabeth From: bdammers@royreeve.com on behalf of Barbara Dammers <bdammers@royreeve.com> Sent: Thursday, October 11, 2018 3:37 PM To: Neville, Elizabeth Subject: Registered:Terp certificate Attachments: Dr Alfred Terp.pdf REGISTERED MAI 3 TEDNSMITTED v b a You have received an,encrypted email from Barbara Dammers To reply to this message encrypted, please click here. Betty: Attached is the proof of coverage form as requested. I have mailed one directly to the Terps. If they need anything further please let me know. Thanks. 13arb6trra Dammers COMMERCIAL LINES Roy H. Reeve Agency Inc. 13400 Main Road, P.O. Box 54 Mattituck, New York 11952 (631)298-4700 Ext. 114/(631)298-3850 Fax bdammersProyreeve.com Rowered by RPost�� 1 PATRICIA A.FINNEGANOF SOU SCOTT A.RUSSELL TOWN ATTORNEY �� Tiy� Supervisor patricia.Finnegan@town.southold.ny.us 1110 KIERAN M. CORCORAN �[ Town Hall Annex, 54375 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY G Q Southold, New York 11971-0959 kieran.corcoran@townsouthold.ny.us IO LORI HULSE MONTEFUSCO I�COUNVI Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile(631) 785-6639 lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD February 7, 2006 RECEIVED Stephen D. Pinzino, Esq. Pinzino & Pinzino FEB 8 W 160 Plandome Road Manhasset, NY 11030 Southold Town Clerk RE: Alfred J. Terp/Town of Southold Dear Mr. Pinzino: I write in reference to the Lease between the Town of Southold and your above- referenced client, your prior correspondence and our recent conversation. I am advised by our Department of Public Works that most, if not all, of the necessary remedial work has been completed. Among other things, the Town required Corazzini Asphalt to remedy the surfacing and drainage issues, Terry Contracting to complete grading and clearing work, Town staff to remove all dead or overhanging limbs in the vicinity of the parking area, all required lighting fixtures to be installed and made operational, and required signage installed. We are hopeful that you will agree that all work has been completed in accordance with the agreed-upon specifications, and note that the Town has endeavored to meet the oft-changing needs and requests of your client, at substantial increased expense to the Town. However, to the extent you believe there remain required items that have not satisfactorily been completed, please specify any such items for the Town's prompt review. tis;&n rs . Corcoran tant TowAttorney KMC/Ik cc: Members of the Town Board Ms. Elizabeth Neville, Town Clerk Mr. James Richter, Engineering Inspector Mr. James McMahon, Community Development AGREEMENT OF LEASE AGREEMENT OF LEASE made this day of May, 2003, by and between DR. ALFRED J. TERP, JR. and MARIE TERP, having an address at 15421 Peach Leaf Lane, Gaithersburg, Maryland 20878, hereinafter referred to as "Owner" or "Landlord" and THE TOWN OF SOUTHOLD, a municipality, having an address at Town Hall, 53095 Main Road. Southold,New York 11971, hereinafter referred to as "Tenant". WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED by and between the Landlord and Tenant that this lease is made upon the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutually covenant and agree to perform each and every one of the terms, covenants and conditions of this lease, and of all schedules and riders hereto annexed on their respective parts, as well as comply with the terms and conditions of improvements pursuant to the Plan annexed hereto as Exhibit"A," which each party hereto has signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval shall be material and a condition precedent to the terms of this lease. ARTICLE I- PREMISES SECTION 1.01 - Leased Premises In consideration of the rents, covenants and agreements hereinafter set forth, Owner hereby leases to Tenant, and Tenant rents from Owner, that certain parcel and/ or premises known as Suffolk County Tax Map # 1000-102-05, Parcel(s) # 03, 04 & 9.6, at Main Road, Cutchogue, N.Y. 11935, which premises consists of unimproved parking area(s) containing a gross area of approximately 38,250 square feet contained in separate lot designations (as per Plan and survey with metes and bounds description annexed hereto as Exhibit "A"), herein collectively called "Leased Premises." The parties agree that the Tenant is responsible for all costs of said survey, as well as solely liable for the accuracy of metes and bounds described therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments thereto, affecting the premises now or hereafter in force; to any state of facts an accurate survey may disclose; to covenants, easements, agreements and restrictions of record, if any, provided same do not prohibit the maintenance of an improved, paved public parking lot and to any state of facts a personal inspection of the premises might reveal. 1 ARTICLE II- UTILIZATION OF PREMISES SECTION 2.01 - Use of Premises and Additional Areas of Premises The Tenant shall use the Leased Premises solely for the purpose of establishing and maintaining and conducting a public parking lot and for no other purpose. Notwithstanding anything contained herein to the contrary, Tenant agrees that it shall not, at any time, use or permit to be used, the sidewalk adjacent to the parking and common areas, or any other space outside the leased premises, for parking, display, storage or any other similar undertaking. SECTION 2.02 - Continuing Conditions Precedent to Lease It shall be a continuing condition precedent to this LEASE, that Tenant shall not erect or cause to be erected or have placed upon the demised premises any structure, building, edifice, landscaping, planting, barriers, monuments, benches or seating without the express written permission of the Owner, except as provided for herein and congruous to the specifications as contained in Plan annexed as Exhibit "A." It shall be a continuing condition precedent to this LEASE, that Tenant shall not cause, suffer or permit any other activity at the demised location other than municipal public parking, including but not limited to the following prohibited activities: Town of Southold official vehicle parking for storage purposes, washing, storage and/ or maintenance of any vehicle or equipment of Tenant. Overnight parking shall be prohibited except in the following designated parking spaces: #48-53, located in northwest vicinity at the rear of the Post Office. It shall be a continuing condition precedent to this LEASE, that the Tenant shall not cause, suffer or permit at or upon the demised location any activity characterized or advertised as, including but not limited to, festivals, meetings, carnivals, street fairs, auctions, flea markets,public assembly, bus or mass transit commercial vehicular activity, whether for hire or provided to the public at no cost,without the prior express written permission of the Owner. It shall be a continuing condition precedent to this LEASE, that Tenant agrees to remove, within one hundred and twenty (120) days of the execution of this lease, the existing park as shown on a survey of Peconic Surveyors, dated 6/23/95, annexed hereto, leaving only a flagpole, monument, clock and plantings, so as not to exceed sixty(60) feet from the curbline as existing at Route 25 and extending northward along Griffing Street, and to install and maintain diagonal parking spaces adjoining the northeasterly side of Griffing Street substantially similar to how such spaces existed prior to the construction of said park area and congruous to the specifications as contained in Plan annexed hereto as Exhibit"A." SECTION 2.03 - Solicitation Tenant and Tenant's employees and agents shall not solicit in the parking or other common areas, nor shall Tenant distribute to the public therein or place any handbills or other 2 printed or written advertising matter on automobiles parked in the parking areas. Upon written notice by Owner.. Tenant agrees to take all necessary steps, legal and equitable, to compel the discontinuance of said solicitation within ten(10) days of said notice. SECTION 2.04 - Utilities Tenant shall throughout the term of this lease pay all and any utility charges for utilities used at the demised premises, including, but not limited to, electricity, water, etc. It is the understanding and intention of the parties hereto that Owner leases the demised premises to Tenant without any services of any kind. SECTION 2.05 - Municipal Permits and Licenses Tenant shall, at its own cost and expense and upon its own responsibility, apply for and obtain any necessary permits and other licenses for use, conduct and maintenance of the parking lot in the demised premises. Tenant shall also pay any fees in connection with any licenses or permits required by the local municipal authority for any construction, demolition, equipment or machinery at the demised premises. A. Tenant represents that all construction and improvements will be undertaken in a good workmanlike manner and will be completed in an expeditious continuous manner once undertaken. Tenant represents that access/ egress from said premises shall not be hindered or blocked for any more than a continuous forty-eight (48) hour period. The Tenant shall grant to Owner and his other tenants and/ or employers special permits and/ or notification to enable them to utilize available on-street parking beyond the time limits imposed free of violations and/ or summons during the period of construction and/ or improvements. SECTION 2.06 -No Non-Permitted Uses or Purposes Tenant shall not occupy or use, permit or suffer the demised premises or any part thereof to be occupied or used for any other permissible use or purpose other than municipal parking, nor in such a manner as to constitute a nuisance of any kind, nor for any purpose or in any way which constitutes a violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, or of the state, county or city government, or other municipal, governmental or unlawful authority whatsoever. Tenant shall immediately, upon the discovery of any such non-permitted use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any occupants, or other persons guilty of such impermissible use. Tenant shall indemnify and hold harmless Landlord from and against any and all cost, expense, claim, loss, damage, liability, suit, fine or penalty, including reasonable counsel fees, arising out of or by reason of or on account of any violation of or default in the provisions of this Article by Tenant, Tenant's agents, employees, representatives and/or associates. 3 ARTICLE III- COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 - Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants. For the purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick, mortar, concrete, stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or any portion of such areas or facilities to such extent as shall be sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein. With respect to an existing easement, no permanent parking curbs will be installed so as to inhibit or impede passage upon said easement by pedestrian or vehicular traffic along the eastern property line boundary for approximately twelve (12) feet to the property or land now or formerly known as Old Town Arts & Crafts. The Town shall be responsible for taking all necessary steps for closing this easement for a period of 24 consecutive hours once per year (including all necessary publication). Copies of all relevant documents and notices shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment, Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffing Street. Owner will operate and maintain the common facilities referred to above in such a manner as Owner, in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 - Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting, signage, markings, waste removal, sanitation, sweeping, snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 Owner without the prior written approval of the Owner. Tenant shall erect five (5) security lighting fixtures with sufficient luminescence within the demised premises consistent with custom and usage in similar type public parking lots, and congruous to the specifications as contained in Plan annexed as Exhibit "A." In the event of the failure of the Tenant to generally comply with this regulation or any part thereof, Owner agrees to provide written notice of said failure and afford five (5) days to cure same. In the sole discretion of the Owner, should Tenant fail to cure same within said five (5) day period, the Owner may engage whatever services may be necessary to maintain the premises in a suitable degree of cleanliness and freedom from snow consistent with the standards of the maintenance of the Center and the terms herein, and that Tenant shall be responsible for all costs thereof. Tenant shall leave sufficient space within the demised premises, for the installation of, at the option of and in the area selected by the Owner as per the specifications as contained in Plan annexed as Exhibit "A," a metal container of the type supplied by carting companies for the purpose of accumulating garbage, i.e. a dumpster, for the sole use of Landlord, the Tenants of the shopping center and their patrons. ARTICLE V -ACCESS BY OWNER SECTION 5.01 - Easements Tenant shall permit Owner and/or its designees to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires, in, to and through the Demised Premises, as and to the extent that Owner may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property. All such work shall be done so far as practicable, in such manner as to avoid interference with Tenant's use of the Premises. Owner agrees to bear the costs of and be responsible for any and all re-paving, repair and/ or replacement of paved lot surface area demolished by any additions and/ or improvements to the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property actions undertaken by Owner pursuant to this paragraph. Tenant agrees to bear the costs of and be responsible for any and all other re-paving, repair and/ or replacement of paved lot surface area made necessary by deterioration, normal wear and tear or any other causes, natural or otherwise, not attributable to additions and/ or improvements to the buildings by Owner. Anything herein to the contrary notwithstanding, Tenant shall, at Tenants' own cost and expense, secure and pay for all repairs to foundation paving and drainage system and for all maintenance and services required by Tenant for the preservation of the demised premises, including,but not limited to, electricity, light, maintenance services, garbage and waste disposal and snow removal. Landlord shall have no obligation to furnish or perform any repairs, maintenance or services, including but not limited to those hereinbefore noted. 5 SECTION 5.02 - Expansion Notwithstanding this Lease or anything to the contrary herein, Owner reserves the absolute right to extend the existing buildings on his real property as depicted by the shaded area in Exhibit A. Owner agrees that should said expansion take place, Tenant shall just compensation equal to the cost of the portion of the Demised Premises built and expanded upon by Owner. Said expansion shall not alter any of the existing rights and obligations of the parties to this Lease. If, as a result of said expansion, additional parking spaces designated solely for the benefit of the other tenants of the Owner are necessary, said spaces, in addition to the four (4) spaces allotted herein, shall be granted and designated at the rate of one (1) additional space per additional Tenant. ARTICLE VI- ENVIRONMENTAL REQUIREMENTS SECTION 6.01 - Environmental Compliance With respect to the demised premises, Tenant, at its sole cost and expense, shall fulfill, observe and comply with all of the terms and provisions of and shall cure all violations arising from all applicable governmental laws, rules, regulations, ordinances and/or requirements relating to air, ground and/or water pollution and protection and/or preservation of the environment, and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with the Environmental Protection Agency, or any Department of Environmental conservation or any subdivision or bureau thereof or any other governmental or quasi-government agency, authority or body having jurisdiction over such matter. Without limiting the foregoing, Tenant agrees that it shall prepare, deliver and or file with the applicable governmental authorities, all forms, certificates, notices, documents, plans and other writings, and furnish all such other information as may be reasonably required or requested by any applicable governmental authority, in connection with compliance or curing of any applicable requirement related to the termination of this Lease, the sale or transfer of Tenant's Building and/or the Land. ARTICLE VII- INDEMNIFICATION SECTION 7.01 - Indemnification of Owner The Tenant shall defend, indemnify and hold Owner harmless from and against all liability, claims for bodily injury, death and property damage, as well as reasonable attorney fees, arising out of the negligent acts of Tenant incurred by Owner in connection with this Agreement or the performance of its duties hereunder, or between the Owner and any third party arising out of the negligent acts of the Tenant, except if such liability or expense is the result of the gross negligence of willful misconduct of Owner. 6 ARTICLE VIII-INSURANCE SECTION 8.01 -Liability Insurance Tenant and/or its subcontractors, agents or assigns, throughout the term of this Lease, shall, at its own cost and expense, obtain and maintain in full force and effect, a policy of general liability insurance having a limit of$5,000,000.00, from a financially responsible insurer licensed to do business in the State of New York. Said policy shall name Owner as an additional insured. Tenant shall deliver to the Owner a certificate of such insurance policy on or before the beginning of the term of this Lease. In the event of the failure of the Tenant to secure, maintain and pay for such policy and to provide a certificate thereof to Landlord, Landlord may, in Landlord's sole discretion, order such policy and the premium cost thereof shall be due from Tenant as additional rent hereunder or Landlord may elect to treat such failure as a default hereunder, in which case, Tenant agrees such default is a material default of the Lease. If there is any material damage to or destruction of the Demised Premises or any part thereof, Tenant promptly shall give written notice thereof to the Owner, generally describing the nature and extent of such damage or destruction. If there is any damage to or destruction of the Demised Premises or any part thereof, Tenant, at Tenant's expense whether or not the insurance proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, the restoration, replacement or rebuilding of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such damage or destruction. Pending the completion of such Restoration, Tenant shall perform all temporary work and take all such actions as may be necessary or desirable to protect and preserve the Demised Premises. SECTION 8.02 Property Insurance Tenant shall have property insurance in place through its regular policies of insurance of at least$100,000.00 (one hundred thousand dollars). ARTICLE IX- ABSENCE OF REPRESENTATIONS SECTION 9.01 -No Representations of Owner Neither Owner or Owner's agents have made any representations or promises with respect to the physical condition of the buildings adjacent to the demised premises, the land upon which they are erected or the demised premises, the rents, leases, expenses of operation or any 7 other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and/ or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit "A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X- REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02 - Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (100%) percent of any and all taxes, including, but not limited to, real estate/school/town/village/fire district/water/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is directly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is $970.41. All parties agree that for the term of the lease the Owner of SCTM # 1000-102-5-9.6 shall not pay more than $970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid) the owner the difference of the actual tax due and$970.41. 8 SECTION 10.03 - Continuing Condition of Real Estate Tax Cap Notwithstanding any expiration or termination of this lease prior to the lease expiration date (except in the case of cancellation by mutual agreement) Owner's obligation to pay any and all taxes hereinbefore noted under this lease shall continue and shall cover all periods up to the lease expiration date. The Town agrees that for SCTM # 1000-102-5-9.6 even if the Town terminates the lease the Town shall pay to the Owner (within 30 days of receiving notice from the owner that the tax due and owing was paid) the difference between the actual tax due and owing for any given tax year and the actual tax due and owing as of tax year 2002/2003 ($970.41) for all of the years originally included in this lease. ARTICLE XI- RENT The Tenant shall pay to the Owner, his heirs, assigns and successors, rent at the rate of ONE ($1.00) DOLLAR per year, payable on the anniversary date of the execution of lease. ARTICLE XII- TERM The term of said Lease shall be TWENTY (20) years, all dates calculated from the date of a fully executed lease. ARTICLE XIII-NOTICE SECTION 13.01 -Requirements Any notice by either part to the other shall be in writing and shall deemed to be duly given only if mailed by certified mail in a post-paid envelope, return receipt requested, addressed: (a) If to Tenant, at the TOWN HALL OF THE TOWN OF SOUTHOLD; (b) If to Owner, at the address set forth herein, or at any other address as Owner may deem from time to time designate by notice given to Tenant. ARTICLE XIV-NO ASSIGNMENT SECTION 14.01 -No Right of Assignment by Tenant Tenant shall not be permitted to assign, sublet or transfer any of the rights, duties and obligation hereunder and this lease may not be assigned without the prior written consent of the Owner. 9 ARTICLE XV - DEFAULT SECTION 15.01 - Defaults and remedies If(1) Tenant defaults in fulfilling any of the covenant or agreements or any rules or regulations of this Lease on its part to be kept or performed and such default is not made good within ten (10) days after written notice from Landlord or its agent, or within such additional time as Tenant may be prevented from making good the default as is caused by delays attributable to strikes, labor troubles, acts of God, governmental prohibitions and similar causes beyond Tenant's control, or (2) If this Lease is transferred to or devolve upon any person or corporation other than Tenant, except as may be specifically permitted by this Lease, or if this Lease is mortgaged or assigned without the written consent of the Landlord, then and in any of such events mentioned in this subparagraph "A" the term thereof, shall thereupon ipso facto expire and come to an end as if such expiration was so fixed by the terms of this Lease on tenth (10th) day of such default as mentioned in (1) above and Landlord may re-enter upon the demised premises either with or without process of law and remove all persons and property therefrom and Tenant shall quit and surrender the same to Landlord and Tenant shall remain liable as hereinafter provided. In the event Tenant shall fail, neglect or refuse to quit and surrender the demised premises upon receipt of notice from Landlord declaring the term hereof at an end, then Landlord may commence a summary proceeding to remove Tenant from the premises as a holdover. If the default is of such a nature that it cannot be cured within ten (10) days, if Tenant commences to cure such default within ten (10) days and proceeds diligently to remedy such default, the Landlord shall not have the right to terminate this Lease. If the term of this Lease shall expire as hereinabove provided, Landlord may re- enter the demised premises and remove Tenant or its legal representatives or other occupant and/ or property by summary proceedings or otherwise and Tenant hereby waives the service of notice of intention or to institute legal proceedings to that end. In case of any re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Tenant shall be liable for any and all expenses as Landlord may incur for legal expenses, attorneys fees and/ or putting the demised premises in good order. The words "re-enter" or "re-entry" as used in this Lease shall not be restricted to their technical legal meaning. In the event that the Tenant is successful in any proceeding brought pursuant to the provisions hereof, it shall be entitled to its reasonable legal fees. In the event of a breach or threatened breach by Tenants of any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenants hereby expressly waive any and all rights of redemption granted by order or any present or future laws in the event of Tenants being evicted or dispossessed, or in the event of Landlord obtaining possession of the demised premises by reason of Tenant's violation of the provisions of this Lease. If Tenants shall default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Landlord may, at its option,perform the same for the account and at the expense of Tenants. If Landlord at any time shall be compelled 10 to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with any provision of this Lease, or if Landlord incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Tenant under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall be due from and be paid by Tenant to Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Tenant may, at its option, perform same for the account and at the expense of Landlord. If Tenant at any time shall be compelled to pay or elect to pay any sum of money by reason of the failure of the Landlord to comply with any provision of this Lease, or if Tenant incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Landlord under this Lease, the sums so paid by Tenant with legal interest, costs, and damages shall be due from and be paid by Landlord to Tenant on demand. In any case where Landlord brings any action or summary proceeding for any default of the Tenants hereunder, Landlord shall be entitled to reasonable attorney's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Likewise, in any case where Tenant brings any action or summary proceeding for any default of the Landlord hereunder, Tenant shall be entitled to reasonable attorney's fees; plus filing fees, sheriff's fees, if any, for any action or proceeding. Parties each waive trial by jury in any summary proceeding. IN WITNESS WHEREOF, the parties have signed this twelve (12) page agreement the day and year first above written. Landlords: Dr. Al d J. Te Jr. Mari erp i Tenant: THE TOWN OF SOUTHOLD By: /o/s/hua Y. Horton, Supervisor 11 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of , 2003, before me the undersigned, a Notary Public in and for said State, personally appeared ALFRED J. TERP, personally 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 as having Power of Attorney for.DR. ALFRED J. TERP, JR. and MARIE TERP, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. 4E E.SAYM W State of No Y No.4 No Public STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the day of May, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared JOSHUA Y. HORTON, personally 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 as Supervisor of the Town of Southold, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. V � A Notary Public 9 MELANIE DOROSIO NOTARY PUBLIC,State of New Y4* No,OID04634870 Qualified in Suffolk County Commission Expires September3Q�� b 12 AFFIDAvrr THAT POWER OF ATTORNEY IS D.�3 FULL FORCE (Sign before a notary public) STATE OF NEW YORK COUNTY OF ss., ALFF M L7.1 TERP, SR.,, boduly sworn,deposes and says, 1. The Principal within did,in writing;appoint me as the Principal"same and 1swfal ATT.0RNEY—{S}=N4FACT in the within Power of Attorney, - 2. I'have no actual` �svviedge air actnst notibe of revocation or texti�ihatitin of the`Power of A*rni by icte art;.. otherwise, oc lctidvviedge c�#"stay fads ihdicating the same. .j farther represent that the 1'ripa9 is at�ress toot ftv6kedor,repu4iiMdtheFowiiofXttar ey:aoari the.Power of.attorney stili isjih Ali.forpe 3. 1 make this affidavit far the purpose of:inducing - to eco delivery of the fotlgvving;Instswnmelzt� ),as executed by me in ray-capacity as the ATTC)TBNEY�S�= '- FACT,with full lAwledge that this affidavit.will be relied upon it accepting the execution and delivery of the fnstt�ment(s)and in tieying good and valuable Consideration$.enefor< Sworn to before me on Publisher's Note: The publisher mai mains property rights ars the layout,gt°°whics design and typestyle of this form yrs well as in the company's trademarked logo and name. Photocopying of blankpr£nted copies of this form without the ,,publrskea�' ,'welt er;n ssirrn is;pra iibited unat€thvr ized use may constitute a violation of lain or of professional ethic Miles. Cower .:asnce u faun lzas;2reertilrea inn. totOC �sy�reg: �nn�tted DURABLE Paver f o Attdrney stawtwy Short t:Dm 5 ,Macy Ault form orcEaen1 Power of Anomy: �MIAd�aO E3caeiw .blu mm,r c iBAf 3 cm wit adtldavitofpttor�ay,WL 15-001:12 pL iype,1� W�a '.b17tt17bC13 DURABLE GENERAL POWER OF ATTORNEY W YORK STATUTORY SNORT FORINT THE poWERS yoU GRANT BEL W CONTINUE TO BE EFFECTIVE SHOULD FOU BECOME DISABLED OR INCOMPETENT Caution'.This is on important 40cu01e4t. It gives the person whose you designate(your"Agent") broad powers to handle your property during your lifetime,which may include powers to mortgage,sell, or otherwise dispose of any real or personal.property without advance.notice to you,or appror:al by you. These powers will continue to-exist even after you become disabled or Incompetent. These powers are explained moj`fuily in New York mineral Obligations Law,Article 5,Title 15,Sections 5-1502A through 5.1$03,which expressly pervdt the use of any other or diifferennt form of power of attorney. This document does not authorize anyone to snake medical or other health cane decisions. You may execute a health care proxy to do this: If there is anything about this form that ou'do not understand,you should ask a lawyer to explain It "Arou. This is intended to constitute a DURABLE GENERAL POWER OF .ATTORNEY pursuant to .Article 5, Title 15 of the New York O'er�eau�t�►�igatio�Law; ' A•l: aiPt�,,:wt.K�'. .' mi.'P+.,i.' a . ,',v'.PM and .M APi* / W'+��1E:tiG-.i. ,.ece�:4%4J�:iLeaf . .. .. .. I bane, Gai:hs!r buix , 2.4878, both jointly and severally do hereby appoint: (insert your name and address) Alf;n'd;:,'. .To, , Sr.:;e .1 8:5, Hobart Froud., Southold, NY 11971 (If 1,person is'tube ugpainted agent, insert the name and address of yo' agent above) If 2,or mrraQ.p�rsops'ups tr,be�x pointed agents b� insert tDaear na 'and'addres$es above,) My attorneys)-in-fact TO ACT I, more tha : e::ett�qe;,IeTe..)ted. (] E O . of the fo�dgav,0*,.moo+c lee 'i►y putting:ouriru alt:n:C:�NKof the blank [ I Each ogee# rr SFP.t RA LY act. C A11 agents Mwil,,,TQT-HER If neither blank sp o?is initi�sled, the agents will be required to apt T'G, ET HKR) IN MY NAME, PLACE AND STEAD in any way which I myself could do,if I were personally present, with respect to the fallowing matters as each of thorn is defined in Title 15 of Article 5 of the Now York Genoril TObligaticm s LaW t�3 the extent.timet I perixn tt lSy lei'to.ate thm�a An,ante . This Durable Power of Attomey shall not be affected by my subsequent disability or incompetence. If every agent named above is unable or-unwilling to serve, I mint(insert wime and address of successor to be my agent for all purposes hereunder, To induce.athr! i hereby agree:that.-any'. sa du copy or facalmlle of this lastraament may act hereunder,and that revocation or termination hereof shall be ineffective as to such third party unless and Cantil actual notice or knowledge of such revocation or termination shall have been received by such third party, and f for myself and for my heirs,executors, legal representatives and assigns,hereby agree to indemnify and hold harmless any such third party from andalaast anyaad :,rlaa'tbal,seaaltyr, a eglast,such third party by reason of aaacl third lY leaving arelied putt the p>"o�s��ns of tla�s l trti�aeral. , This Durable General Power of Attorney may be revoked by ane at any time, In Witness Wbered, I have hereunto signed my name y of 'z-csco (YOU SIGN HERE.) (Signature of PrIncipa) ACKNOWLEDGMENT 0 NEW YORK STATE(RM 30") 9XHOMEDGMENT OUTWE NEW YORK STATE(RPI.fib) Stats of&461?VM.0� Statl.gf MARYT,MD CotsUty vt M County 1f .... i'2 2c , Ircfu me the an�sdqqatnA-. Can .M ,"� ., �� _ before sae,.the undi 4oca,. rsosaally peas l},,,� d� .,-e me.+ . person sllY f rid a roma "i*e rg ge Marie Tergs personally known to me or proved to use on the basis of satis< personally known to me or proved to-=ga.1the basis df, is, factory ev�detace:to.be;the:indlvidrsal(s)whose n�saase(s)is(are) faactory evidence to be the individualox-vlacl riar"ne{sJ is`(arey,-,. subscribed,to the within,instrument and acknowledged.to nee. subscribed to the within instruanen: d ackao' tl�dged tis ane: that holo!seftliey executed the same in hisfiserJtlwl ca;%wity(les),, that he/s, executed rise same ii�hdSJlterlt sear eap�b res), and that by'hislls''r/thee istute(�')`oti$he itistrci�eait,the and thw<t'by hisllseF/their si$na$uFaa(s)on!�e�astruatselatrythd indiridaaal(s) or`t ` raoa'v'gaosa befit W h the' indi+iliasi(s), os the person upon00a1of vrii+eD Clic indhiduaal(s).. ed t ltheias individual(s)acted, executed the instraam.ont and thit,saach 41dividusl4 made.swb oppeamnce before rise ut4clCa9igodd.in si wledgr texet) {insert city or potiticot s a."dh daion:an state or ce ty or other}rluee acktwwled$rt nt takeq) (sigrtaturand aJjRce/of�ixdacadsaut taking ac&rrowledgmeaat) �r MIN "MW PAW STATE OF AMARYtAtz 4 COWM14510n ExpfM May 26, 2005 (DIRECTIONS: Initial In the blank space to the left of your choice any one or more of the following lettered subdtvisli ns as to which you WANT to give your agent authority. If the blank Race to the left of any particular lettered subdivislon is NOT lot=,NO AUTHORITY WILL BE, ia TED for matters that are Included in that subdivision. Alternatively,the lettercarr(I dingmay each power you wish to grant may be written or typed on the blank line in subdivision ", andel you n put ut your Initials In the blank space.to the.kilt of.the subdii' on"(Q)" in order.to-grant each of the powers so i#ndicateti.) e [ ] .(A) real estate transactions?: .ung gifts to my spouse, children ( and more remote descendants,and] (8) .chattel,ar�d gods transactions, parents,not to exceed in the ] (C) bond,..share and.commodity aggregate$10,000 to each of such �e tredons; persons in any year; taking trarnact�aras;:.. tax m€ ters; r r (9) business operating transactions; ] "(0) all other matters; } (F)' insur -�aqpe trauactao as;, ]: ,(P) f.:fuli and unq lii'ied authtsnty to my [ ] (G) estate transactions; attorney(s)4n-fact to delegate any or all of the foregoing powers to any ] (1 claims and litigations; person or persons whom my (1) pemnal relationships and afffairs; attorney(s)-in-fact shall select. [ ] (I}r. benefits from'milittaty'service .;'< �] ''((�) `.,;.each of the above matters identified � records,reports] (K) and statements; by the following letters; W. retirement benefits transactions; (p +tial pry ians`and lrr atat`o yr M4c, ded in the statutory short form durable power of attorney only if they conform to the requirersQeritx of s oon 5-1503 of the New York General Obligations.Law.) r. tF r n i • S c. =1 :.ire -* 'E. :cls r. ii,F eq :. .1, 2', r r 1St;. .f� v gip" .... v.')'. h THE SITE PLAN CONTAINED HEREIN HAS BEEN GENERATED FROM Exhibit ••�•• DEED DESCRIPTIONS. THE CONTRACTOR SHALL BE RESPONSIBLE - FOR ALL SITE SURVEYING TO VERIFY GRADES AND PROPERTY LINES. - I This Drawing is not a Survey! - SCTM#:1000.102-05.07 ,.e SCTM#:1000-102.05.00 I goo Whdd Tom ARTS-& -(�_ LSfl&wAflo CRAFTS FUTURE EXPANSION PROPOSED BUILDING AREA rn Y SCTM#:1000402-05-9.4 I ' Nems PNITEp STq Fav OST pF res .• SCTM#:1000.10 O A 3 w 41 d •P-4 E. v E er, D O w m 0' � 3 M a! GST ET =� r v Z za _ _ > m CL 'Q H u. v 3 w o ° / o Mum D m;°•Nr w® �n 12''Wlrde Travel Lane`�72•WitleTavel Lane neanc"T r W Cd r z 0 Q J m o Q o U) 3 CU N �_ U) O N N °� N _ EEO °U15 �Q C _ V Q ° Proposed Parking Plan Drawing: GRIFFING STREET CUTCHOGUE VILLAGE sp= 1 Scale: V = 70• Sheet# 1 of 1 �_—_—_ .�e•o 30.E w ------ 30-2 fes_' pz .3/.¢ 31.4' e.sr.7 c.3c.7 5`�J0 28.Q' G.G9.G c. O• hJ �jEPop4 2o'w ti'�o o�j P1.�••v.J c.D/.3 - 8/ 31.3_ 3 4 9.T3ce go. (OQ- t--� X390 �P9' to".r.r W.3/.5 l� 3�e 39h 10" \A/ _ -- 00 57.43 —'�— 'r-2 Ute —`-' 0c N pp lJp - 0 N 1N I �= k � t N N . �' 0 B - a 3z3 14p .4 �' pi W • P ' • ,�;_r-� -- -r` _..i 9t• '° �� `Jju .3i 5 3z. �.s 0 til V� n �'Gp��li 0 � �� 2�2 � 1 aro�ti �czo.•-�� N ! n � 'n a� LA o�G 1 CJE= \ •' j ° MW 0 14-0 ;* g� 7 � ar�1 ��. o o,�.,,e✓ Ween � a � Q ■ `t� In � GAJ• ' � G�G.J. P—ie�,T. �.B til `•` � � Y` � � i' 315 30. _ ld �1 _ O ® 0 � 3 tel/ 3 _�•��t15 � ill m �A but -7 0 jai co v � . 4 s 9l.0 3i.3 --- - - ._ co.ee 73:•. gi!.3 �2u W 3-7 ° 34 Z O"W 135.20 N 37 a 2 00 � L 39 I sroa-s ° 14. 8 Q 'P Sror�.� fi •� � E q.9 F. F. - 30.8 v t �T4 N 1 t'' 3Uo d S I 1 Z. . �, �'- Zo'E ANTHONY ABRUZZO R.L.S. REGISTERED LAND SURVEYOR Existing Conditions Survey of Described Property 1500 Hortons lane F Situated at Cutchogue Southold New York 11971 Ny Agit Town of Southold.Suffolk Counly,New Yohk District I OW Section 102 Block 5 Lots 3,4,and 9.6 SUR h Tocol Area= 1.35 Acres SURVEEYED:YED: April 13.2003 Certified To: Llevalions Shown thus: 30.0 Am In An Assumed Danmh. The Town of Southoldor^No Scale: l"=20 File No.2 7 E MYVDDNY) ACORD T.. CERTIFICATE OF LIABILITY INSURANCE DATAPR 16 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H REEVE AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 64,13400 MAIN RD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MATTITUCK NY 11962 ALT COVE luo—agED 1_y ILIF eQLICIg§ BEL= PHONE: 631-298-4700 FAX: 631-298-3850 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: American Protection Ins Co, RECEIVED TOWN OF SOUTHOLD INSURER B: P.O.BOX 1179 INSURER C: 63095 MAIN ROAD MAY 3 G 2GE SOUTHOLD NY 11971-0959 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA it 0 f ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INS TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION LIMITS LTRI 2zZ-r-5=TIv7 DATE41111MIDDNY) GENERAL LIABILITY 3XZ203817-00 JAN 103 JAN 104 EACH OCCURRENCE $ 1,0()0,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 PREMISES(Ea o=urenael CLAIMS MADE [:X] OCCUR MED.EXP(Any One Person) $ 6,000 I A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 POLICY F__]pgnjpcT FI --]I nC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) II i PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBERELLA LIABILITY 3XZ203818-00 JAN 103 JAN 104 EACH OCCURRENCE $ 10,000,000 X I OCCUR 711 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE I$ X RETENTION $ 10,000 W I I$ WORKERS COMPENSATION AND T.0STA� OTHER RYLM,% EMPLOYERS LIABILITY E.L.EACH ACCIDENT i$ ANY PROPRIETOMPARTNEWFXECAMVE OFFICERMeMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE 1$ IfYes,describe under SPECIAL PROVISIONS below EL DisE&sE-Poucy Limrr I$ OTHER: DESCRIPTION OF OPERATIONSILOCATION/VEHICLESIEXCLUSIONS ADDED ENDORSEMENT/SPECIAL PROVISIONS COMMERCIAL GENERAL LIABILITY POLICY-EACH OCCURRENCE OF$1,000,000 INCLUDES PROPERTY DAMAGE LIABILITY, ADDL INSURED INCLUED ON GENERAL LIABILITY POLICY: ALFRED J TERP-FOR LEASE OF PARKING LOT AT MAIN ROAD CUTCHOGUE NY CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO Do SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE DR.ALFRED J TERP JR.& INSURER,ITS AGENTS OR REPRESENTATIVES. MARIETERP ALITHORZED REPRESENTATIVE 16421 PEACH LEAF LANE GAITHERSBURG MD 20878 Attention: ACORD 25(2001108) Certificate# 2278 Thomas A. Dickerson IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not consstitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) Cartific�, m955 gUFFDLA4 p�� COG Southold Town Hall, 53095 Route 25 Robert I. Scott Jr., Chairman � � y�n P.O. Box 1179 Scott A. Russell, Assessor ySouthold, IVY 11971-0959 x ;q Darline J. Duffy, Assessor WOy • �� � Fax: (631) 765-1356 Telephone: (631) 765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD Date: 11/29/04 To: Elizabeth A. Neville, Southold Town Clerk � n From:Robert I. Scott, Jr., Chairman,, ` RE: Verification for Taxes Terp Parking Lot The taxes for 2003/04 on SCTM# 1000-102-5-9.6 are $1,014.95. They are paid in full. The amount due to Mr. Terp as per the lease agreement is $44.54. If you have any questions, please give me a call. ELIZABETH A. NEVILLE OGy� Town Hall, 53095 Main Road TOWN CLERK co Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSO Southold, New York 11971 MARRIAGEFax (631) RECORDS MANAG OFFICER OFFICER y�0 ,� �aO�� Telephone (63 6576541500 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert I. Scott, Jr., Chairman, Board of Assessors From: Elizabeth A. Neville, Southold Town Clerk Re: Lease for Terp Parking Lot Date: November 22, 2004 In accordance with Town Comptroller Cushman's request, please certify that Mr. Terp's calculations are correct regarding the payment of taxes and amount due him. Thank you. Neville, Elizabeth From: Cushman, John Sent: Monday, November 22, 2004 1:28 PM To: Neville, Elizabeth Subject: RE: Al Terp Betty, As I recall, we wanted the Assessors to certify that Terp's calculations are correct. Therefore, please send it to them asking them to certify, then send it over to me and we will process for payment. Thanks John From: Neville, Elizabeth Sent: Monday, November 22, 2004 10:21 AM To: Cushman, John Subject: At Terp John, I have the request from Mr. Terp. Do you need a voucher with it? I have attached a copy of the tax bill, Article X, Sec. 10.02 of the lease. Please let me know how to proceed with it. Thank you. Betty To: Southold Town Clerk Elizabeth A. Neville From: Alfred J. Terp Re: Lease Agreement Public Parking Lot Date: November 15. 2004 In accordance with the Lease Agreement between Alfred J. Terp, Jr. & Marie Terp and the Town of Southold for the premises located at Main Road, Cutchogue, New York, SCTM# 1000-102-05 Parcel(s) # 03. 04 & 9.6, Article X. Section 10.02 - Real Estate Tax, 1 hereby apply for payment in the difference in the actual tax due and $970.41 for the tax year 2003/2004, said amount being $44.54. Alfrd J. TV, Jr. other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and./or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit "A" and incorporated by reference herein, bet-ween the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02 - Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (1001/'0) percent of any and all taxes, including, but not limited to, real estate,school/town/village/fire district/water/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is directly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is $970.41. All patties agree that for the term of the lease the Owner of SCTM # 1000-102-5-9.6 shall not pay more than $970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid) the owner the difference of the actual tax due and $970.41. 8 TOWN OF SOUTHOLD ,3E.iR,3E R. SULLIVAN TAX PAYMENT RECEIPT T=?: RECEIVER CONSOLIDATED TAX LEVY 2003/2004 BILL NUMBER: 01135 SUIS: 4733855 TAY MAP NUMBER: 102 . -5-5. 5 GWITER IT.AME: TERP MARIE LOCATION: 28205 MAIN RD IST HALF TA}: 2ITD H=LF Ta{ PETJALTY TOTAL TA_( TOTAL PA7MEITTS - ------------- $507 .-17 $50"' .48 $0. 00 $1, 014.55 ..1, 014 . 55 **"* PAYMENT **** PAYMENT � F.'-.7vE GESC DATE TAXES PAID PENALTY PAID BATCH METHOD __ _________________ ________ __________ _______________ _______________ ________ 'UICHOGUE DRUG STGR 1ST HALF 01/05/2004 $507.47 $0 .00 4005 LOCKBOX -UTCHGGUE DRUG STOP 2ND HALF 01%05!200-1 $507.48 $0 .00 4003 LOCKROX a701-11flOS dO NAA01 SdXH.L d0 'Z ama3d'd aHJL do dOIddO COST-99L (I£9) aa0gdaiay j0 T£9 £Z81-99L ( ) �d ° 6660-IL611 3IaoN maN 'p(og;nog W y00 606T x0g 'O'd Z C g3XVS 30 HaAiaaaa PE02I UTUW 960£9 `[[BH 0A+0.L iiy ti C110HIMOS -40 NMOL O� ACOaDCERTIFICATE OF LIABILITY INSURANCE DAT;2/15/20 6VVY) TM PRODUCER Phone. (631)298-4700 Fax 631-298-3850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROY H REEVE AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 54 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MATTITUCK NY 11952 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# i INSURED INSURER A: MARKEL AMERICAN INS CO 28932 TOWN OF SOUTHOLD INSURER B. American Alternative Insurance Company _ C/O SOUTHOLD TOWN HALL INSURER C. P.O. BOX 1179 — — - ----- ------ SOUTHOLD NY 11971 INSURER D. INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY-HAVE BEEN HAVE BY PAID CLAIMS. INSRADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR DATE MMIDOIW DATE MM/00/YY GENERAL LIABILITY CPEL-1001-06 01/01/6 01/01/07 EACH OCCURRENCE is 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ N/A PREMISES Ea occumnce1 CLAIMS WOE� OCCUR MEQ.EXP(Any one person) Ig _N/A AX $50,000.DEDUCTIBLE(SIR) PERSONAL 8 ADV INJURY Is 1,000,000 GENERAL AGGREGATE $ 3,000,000 �EWL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG. $ 1,000,000 PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ I SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ I I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS I UMBRELLA LIABILITY 60A2UB000057702 01/01/06 01/01/07 EACH OCCURRENCE $ 10,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE $ 0 B IS DEDUCTIBLE X RETENTION$ 10,000 $ WORKERS COMPENSATION AND TWCoBvSTATLL uMITs OTHER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE EL EACH ACCIDENT 'i$ OFFICEWMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COMMERCIAL GENERAL LIABILITY-EACH OCCURRENCE OF$1,000,000.INCLUDES PROPERTY DAMAGE LIABILITY. ADDL INSURED INCLUDED ON GENERAL LIABILITY POLICY:ALFRED J TERP-FOR LEASE OF PARKING LOT AT MAIN ROAD, CUTCHOGUE,NY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE DR.ALFRED J.TERP JR.&MARIE TERP TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, CMR23152 BOX 473 IT'S AGENTS OR REPRESENTATIVES. APO AE 09227 AUTHORIZED REPRESENTATIVE /%�p�/,�I Attention: Thd nom' 1 ee ACORD 25(2001/08) Certificate# 8774 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. a ACORD 25-S(2001/08) Certificate#8774 AAIC American Alternative Insurance Corporation ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES Date Issued:03/22/05 Named Insured Endorsement Number Town of Southold 3 Policy Number Endorsement Effective 01-A2-RL-0000022-00 01/0$/05 Countersigned by / r Aut a resentative" The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Manager's or Lessor's Name(Additional Insured): Dr. Alfred J. Terp & Mary Terp 15421 Peach Leaf Lane Gaithersburg, MD 20878 Designation of Premises (Part Leased to You): Parking lot in rear of 28195 Main Road, Cutchoque, NY 11935(Corner of Griffing St. and Main Rd.) A. With respect to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Manager or Lessor shown in the above Schedule with whom you have agreed in a written contract or written agreement that such person or organization be added as an additional Insured in your policy. Such person or organization is an Insured only with respect to their tort liability assumed by you relating to and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the above Schedule. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. The Manager's or Lessor's status as an additional Insured under this endorsement ends when this policy terminates, you cease to be a tenant in the leased premises or when the lease terminates, whichever occurs first . B. The contract or agreement referenced in Paragraph A. above must be: 1. In effect at the inception of the Policy Period or becomes effective during the Policy Period; and 2. Executed prior to the Bodily Injury, Property Damage, Personal and Advertising Injury covered under this Coverage Part. Includes copyrighted material of the Insurance Services Office. Inc.,with its permission. RL 2065 01/02 Endorsement Number 3 Page 1 of 2 ADDITIONAL INSURED — Date Issued: 03/22/05 MANAGERS OR LESSORS OF PREMISES C. With respect to the insurance afforded this additional Insured, the following exclusions are added: This insurance does not apply to: 1. Structural alterations, new construction or demolition operations performed by or on behalf of the Manager or Lessor shown in the above Schedule. 2. Bodily Injury, Property Damage, Personal and Advertising Injury arising out of the sole negligence of the Manager or Lessor shown in the above Schedule. 3. Property Damage to that part of the premises leased to you and described in the above Schedule. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. RL 2065 01/02 Endorsement Number 3 Page 2 of 2