The URL can be used to link to this page

Home My WebLink AboutState Troopers Housing �o��5UFf0(kCQ RESOLUTION 2023-90 't2 1 Baa ADOPTED DOC ID: 18756 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-90 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3,2023: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Lease Agreement between Fishers Island Farms, LLC and the Town of Southold, for the period January 1, 2023 through December 31, 2023, for Housing the New York State Police assigned to Fishers Island in the amount of$100,000.00 for the year and a one time broker fee of$10,000.00, subject to the approval of the Town Attorney. Funds are available in account code A.1620.4.400.700, DPW, Building Rentals. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell DocuSign Envelope ID:8B8D167C-8705-480E-8551-67A9EE668CA0 LEASE AGREEMENT The parties agree as follows: Date of this lease: December 30,2022 Landlord: Fishers Island Farms, LLC John S.W. Spofford 917.968.9820 isws@me.com Address: 2403 Crescent Ave. #134 Fishers Island, NY 06390 631.788.7773 Tenant: Town of Southold Address: Town Hall 53095 Route 25 PO Box 1179 Southold, NY 11971 631-765-1800 TERM: 1.The Term of this Lease shall begin at noon January 1, 2023 and end at noon December 31, 2023. PREMISES RENTED: 2. The Fishers Island Farms 2 BR residence,off Crescent Ave. (next to the Legion) Fishers Island, New York 06390 USE OF PREMISES: The Premises may be used as a living place for one family only unless otherwise noted. TENANT may have included in its "family" such live-in domestic help as TENANT deems necessary. Nothing herein precludes TENANT from having guests stay overnight at premises as long as all other conditions of this lease are observed by TENANT. The premises shall be occupied by active members of the New York State Police assigned to Fishers Island.The individual Troopers living at the quarters will rotate as scheduling requires. DocuSign Envelope ID:8B8D167C-8705-480E-8551-67A9EE668CA0 3. RENT: 4. The rent is ONE HUNDRED THOUSAND DOLLARS($100,000) payable on signing the lease. (Payable to Fishers Island Farms LLC) Bank information will be provided verbally Real Estate Commission of 10%($10,000)to be paid by the Town of Southold to Mystic Isle Realty(see#25) UTILITIES AND SERVICES: 5. Tenant will pay(quarterly) for the following utilities when billed:Water, Electric,Oil,Telephone, cleaning every two weeks and "Best" Internet service. Tenant is responsible for their trash and recycling removal. The LANDLORD is responsible for grounds maintenance FURNISHINGS: 7.The furnishings shall be in good repair when Landlord gives possession. REPAIRS,ALTERATIONS: 8.Tenant must keep, and at the end of the term return the Premises and all appliances, equipment,furniture, furnishings and other personal property clean and in good order and repair.Tenant is not responsible for ordinary wear or damage by the elements. If Tenant defaults, Landlord has the right to make repairs and charge Tenant the cost.The cost will be added to and payable as rent.Tenant must not alter, decorate, change or add to the Premises. LANDLORD MAY ENTER,SIGNS: 9. Landlord may at reasonable times, enter the Premises to examine,to make repairs. If the house is being offered for sale during the time of the Tenant's occupancy,the Landlord's agent shall arrange with the Tenant mutually convenient times in scheduling any visitations to the house. COMPLIANCE WITH AUTHORITIES: 10. Tenant must promptly comply with all laws, orders, rules and directions of all governmental authorities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. COOKING: 11. Tenant may cook only in the areas specially set aside by Landlord for cooking. CARE OF PREMISES, GROUNDS: 12.Tenant shall keep the grounds neat and clean.Vehicles may be driven or parked only in driveway or in the garage. DocuSign Envelope ID:888D167C-8705-480E-8551-67A9EE668CA0 FIRE, DAMAGE: 13. Tenant must give Landlord immediate notice in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. If Landlord repairs,Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises become usable. Landlord may cancel the Lease by giving Tenant days'written notice.The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. LIABILITY: 14. Landlord shall not be liable for injury or damage to Tenant or to any,person who uses or is on the Premises, or be liable for damage to their property, unless it results from Landlord's negligence.Tenant is responsible for all acts of Tenant's family, employees and persons Tenant invites onto the Premises. LANDLORD'S CONSENT: 15. If Tenant requires Landlord's consent to any act and such consent is not given.Tenant's only right is to ask the Court to force Landlord to give consent.Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given. ASSIGNMENT,SUBLET: 16. Tenant may not sublet all or part of the premises, or assign this Lease or permit any other person to use the Premises. TENANTS DEFAULTS: 17.a Landlord may give 5 days written notice to Tenant to correct any of the following defaults: 17.a.1 Failure to pay rent or added rent on time. 17.a.2 Improper assignment of the Lease, subletting all or part of the Premises,or allowing another to use the Premises. 17.a.3 Improper conduct by Tenant or other occupant of the Premises. 17.a.4 Failure to fully perform any other term in the Lease. 17.b If Tenant fails to correct the defaults in section 17.a within the 5 days, Landlord may cancel the Lease by giving Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Premises and give Landlord the keys.Tenant continues to be responsible for rent, expenses, damages and losses. DocuSign Envelope ID:8B8D167C-8705-480E-8551-67A9EE668CA0 LANDLORD'S REMEDIES: 17.c If the Lease is canceled, or rent or added rent is not paid on time, or Tenant vacates the Premises, Landlord may in addition to other remedies take any of the following steps: 17.c.1 Enter the Premises and remove Tenant and any person or property; 17.c.2 Use dispossess, eviction or other lawsuit method to take back the Premises. 17.d If the Lease is ended or Landlord takes back the Premises, Landlord may re-rent the Premises and anything in it for any Term. Landlord may re-rent for a lower rent and give allowances to the new tenant. Tenant shall be responsible for Landlord's cost of re-renting. Landlord's cost shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting.Tenant shall continue to be responsible for rent, expenses, damages and losses.Any rent received from the re-renting shall be applied to the reduction of money Tenant owes.Tenant waives all rights to return to the Premises after possession is given to the Landlord by a Court. CORRECTING TENANT'S DEFAULT: 18. If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant's expense.The sum Tenant must repay to Landlord will be added to and payable as rent. WAIVER OF JURY, COUNTER-CLAIM,SET OFF: 19. Landlord and Tenant agree to waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). ILLEGALITY: 20. If any part of this Lease is not legal,the rest of the Lease will be unaffected. NO WAIVER: 21. Landlord's failure to enforce any terms of this lease shall not prevent Landlord from enforcing such at a later time. NOTICE: 22. Any bill statement or notice must be in writing and delivered or mailed to the Tenant at the Premises and to the Landlord at the Address for Notices. It will be considered delivered'on the day mailed or if not mailed, when left at the proper address.Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes the Address for Notices. SUBORDINATION: 23.This Lease and Tenants rights are subject and subordinate to: all leases for the Premises or the land on which it stands, mortgages on the lease or on the Premises or on the land, money paid or to be paid by the lender under mortgages, and changes of any kind in and extensions of such mortgages or lease whether now DocuSign Envelope ID:8B8D167C-8705-480E-8551-67A9EE668CA0 or in the future.Tenant must promptly execute any certificate(s)that Landlord requests to show that this Lease is subject and subordinate. MARGIN HEADINGS: 24.The headings are for convenience only. BROKER: 25. The Landlord hereby recognizes James Reid, Mystic Isle Realty, Inc. as the Broker negotiating this Lease and The Tenant agrees to pay the commission to said Broker.The Tenant shall pay a commission upon renewal of this lease on the same or different terms, or upon the sale or exchange of the Premises between the parties. Commissions shall be paid to Mystic Isle Realty 1318 Central Ave#475 Fishers Island, NY 06390 as follows: 10%($10,000) on full payment of rent. Bank information will be provided verbally. QUIET ENJOYMENT: 26. Landlord agrees that if Tenant pays the rent and is not in default under this Lease,Tenant may peaceably and quietly have, hold &enjoy the Premises for the Term of this Lease. SUCCESSORS: 27. This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. CHANGES: 28. This Lease can be changed only by an agreement in writing signed by the parties to the Lease. 29.The premises are to be delivered to the Tenant in a thoroughly clean condition,and said premises are to be returned to the Landlord in the same condition. If it is deemed necessary,the premises are to be cleaned professionally after the tenant vacates at his expense. SIGNATURES: The parties have entered into this Lease on the date first above stated. DocuSigned by: Landlord:r "�` 12/30/2022 John Spofford on behalf of Fishers Island Farms LLC c DocluLSigned by: Tenant: Jilt 14SS" 12/31/2022 Scott Russell on behalf of the Town of Southold MYSTIC ISLE =%- FEALTY Commission Invoice 2 Bedroom House for the NYS Troopers Landlord: Fishers Island Farms LLC Att: John Spofford 2403 Crescent Ave. #134 Fishers Island, NY 06390 917.968.9820 isws@me.com Tenant: Town of Southold Town Hall 53095 Route 25 PO Box 1179 Southold, NY 11971 631-765-1800 Rental Dates: 1/1/23— 12/31/23 Rental Amount: $100,000 MYSTIC ISLE REALTY P.O.BOX 475 FISHERS ISLAND,NY 06390 631.788.7882 WWW.MYSTICISLEREALTY.COM DocuSign Envelope ID:3B37041F-2AE2-41C0-A362-D844004638E0 MYSTIC ISLE REALTY January 4, 2023 Commission Invoice Fishers Island Farms 2 BR House to The Town of Southold Rental Tenant: Town of Southold Rental Dates: 1/1/23 - 1/23/23 Rental Amount: $100,000 Commission Due (10%): $10,000 Please mail a commission check payable Mystic Isle Realty to the following address. Mystic Isle Realty 1318 Central Ave. #475 Fishers Island, NY 06390 Tha , „you, Cam! t's �� 1/4/2023 jimeic .... 860.885.9880 MYSTIC ISLE REALTY P.O. BOX 475 FISHERS ISLAND,NY 06390 63I.788.7882 WWW.MYSTICISLEREALTY.COM DocuSign Envelope ID:8D7439F1-7D18-4C37-822D-24C258CA485B Form Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwdrs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Mystic Isle Realty 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see Ca CL instructions on page 3): p 11IndividuaVsole proprietor or ElC Corporation ZS Corporation ElPartnership ElTrust/estate c single-member LLC Exempt payee code(if any) CL '� ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► `o Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting n LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is a another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. d ❑ Other(see instructions)► oppliestoam—tsmaina�iedoutside the U.S.J 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) T) 1318 Central Ave.#475 Co 6 City,state,and ZIP code Fishers Island,NY 06390 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(later However,for a -m _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 1 6 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividendoy01igne baregy:t required to sign the certification,but you must provide your correct TIN.See the instructions for Part ll,later. cu Sign Signatureof ^A t s ra 1/4/2023 Here U.S.person► J Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) RECEIVEDn JA N - 5. 202 S®Uthold Towrl Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: January 5, 2023 Subject: Lease Agreement Fishers Island Farms LLC — State Troopers Housing With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures cc: Accounting