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HomeMy WebLinkAboutAnnicq, Bruno and Olivia 5UFF0(k0 RESOLUTION 2023-110 QAo`9 ADOPTED DOC ID: 18816 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-110 WAS ADOPTED AT THE REGULAR MEETING OF THE SOU_ THOLD TOWN BOARD ON -_JANUARY 17,2023: RESOLVED that the Town Board of the Town of Southold hereby authorizes Bruno and Oliva Annicq project to replace bulkhead located at 1230 First Street,New Suffolk , as per Southold Trustees Wetland Permit#10261, at no cost to the Town, subject to the submission of an insurance certificate naming the Town of Southold as an ddditional insured and an executed Indemnification Agreement in a form approved by the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Sarah E.Nappa, Councilwoman AYES: Nappa,Doroski,Mealy, Evans, Russell EXCUSED: Jill Doherty r INDEMNITY AGREEMENT This INDEMNITY AGREEMENT entered into this Thay of February,2023 between the Town of Southold(hereinafter"Town"),a municipal corporation,with an address at 54375 Main Rd, Southold,New York and Bruno Annicq(hereinafter"Annicq")residing at 12301 st St, New Suffolk,New York. WHEREAS,Bruno Annicq is the owner of a waterfront parcel located at 1230 11 Street,New Suffolk,New York(SCTM No. 1000-117-7-29)and desires to replace in-place approximately 31 feet of failing bulkhead on the east side of the parcel adjacent to Cutchogue Harbor in accordance with the site plan prepared by Dave Bergen and Ken Quigley dated September 20,2022 and Permit No. 10261 issued by the Board of Southold Town Trustees on November 16,2022; WHEREAS,the Town of Southold is the owner of adjacent land to the North of the Annicq parcel,including the Orchard Street terminus and adjacent lands on Cutchogue Harbor; WHEREAS, Annicq has established to the satisfaction of the Town Board of the Town of Southold that in order to conduct the work as described herein there will be trespass upon and over the aforesaid land adjacent to the North owned by the Town of Southold. Specifically,Annicq,his agents, contractors, invitees and/or employees and all vehicles,machinery and other devices required to conduct such work, will be caused to travel over and upon the Town parcel and shall be caused to use,and in other ways,affect the land owned by the Town of Southold; 1 WHEREAS,the Town of Southold hereby consents to such use of the Townarcel for this stated purpose for the minimum time period necessary to complete the required work,in exchange for certain terms, considerations and assurances; NOW THEREFORE,in consideration of the mutual covenants and conditions contained herein, Southold and Bruno Annicq hereby agree as follows: 1.Indemnification:Annicq shall fully defend,indemnify,and hold harmless the Town of Southold from any and all claims,lawsuits,demands,causes of action,liability,loss,damage and/or injury, of any kind whatsoever(including without limitation all claims for monetary loss,property damage,equitable relief,personal injury and/or wrongful death),whether brought by an individual or other entity,or imposed by a court of law or by administrative action of any federal,state or local governmental body or agency,arising out of,in any way whatsoever connected to,any acts,omissions,negligence or willful misconduct on the part of Annicq,its officers,owners,personnel,employees,agents,contractors,invitees,or volunteers .This indemnification applies to and includes,without limitation,the payment of all penalties,fines, judgments,awards,decrees,attorneys'fees,and related costs or expenses,and any reimbursements to Southold for all legal fees,expenses,and costs incurred by it. 2. Permit requirements: Annicq shall cause the repairs to be conducted in a workmanlike manner and in accordance with the Trustee's Permit and shall not cause any damage to the existing and adjacent Town owned lands when performing such work. Further,Annicq shall remedy all disturbed lands caused by human and machinery traffic and shall re-vegetate all disturbed areas with native plants. 3.Insurance requirements: Annicq and all other entitles performing work while on lands of the Town of Southold shall procure liability and worker's compensation insurance naming the Town of Southold as a certificate holder and insured with minimum limits of One Million ($1,000,000.00)dollars. Proof of such insurance must be provided to the Town Attorney prior commencement of any work under this Agreement. 4.Authority to Enter Agreement:Each party warrants that the individuals who have signed this Agreement have the actual legal power,right,and authority to make this Agreement and bind each respective Party. 5.Amendment;Modification:No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 6.Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition.No waiver,benefit,privilege,or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel,or otherwise. 7.Attorneys'Fees and Costs: If any legal action or other proceeding is brought in connection with this Agreement,the successful or prevailing Party,if any, shall be entitled to recover reasonable attorneys' fees and other related costs,in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute,the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party,if any,is the prevailing party in accordance with this provision. 8.Entire Agreement: This Agreement contains the entire agreement between the Parties related to the matters specified herein,and supersedes any prior oral or written statements or agreements between the Parties related to such matters. 9.Enforceability,Severability,and Reformation: If any provision_of this Agreement shall be held to be invalid or unenforceable for any reason,the remaining provisions or portions thereof shall continue to be valid and enforceable.If a court finds that any provision of this Agreement is invalid or unenforceable,but that by limiting such provision it would become valid and enforceable,then such provision shall be deemed to be written,construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under New York law. In the event that any aspect of this Agreement is deemed unenforceable,the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under New York law. 10. Applicable Law: This Agreement shall be governed exclusively by the laws of the State of New York,without regard to conflict of law provisions. 11. Exclusive Venue and Jurisdiction:Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the Supreme Court of County of Suffolk or such lower Court in the County of Suffolk that has jurisdiction over the issue litigated. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue.Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue. 12. Signatures: This Agreement shall be signed on behalf of Southold Town by Scott Russell, Town Supervisor and on behalf of Annicq by Bruno Annicq personally, and effective as of the date first written above. Town of Sout Id Bruno Annicq By: Seo ussell,Town Supervisor is •ti•�t ,c�'rk��V'�i 7���Ss''%r•� j,.•::tl���•,•.:�.t"• .:i�����ltM�-:', 1r�7" t"r'�jy� "t /.a•�.r?':i��•�•%�:•s�_x'=. .. ir�''�•�A. .r�tG• /.�,s'..,(�jk,�%~�/ �` �,�x=,, E � 1;��/,�. � u��j�;:,�,""' �r R •l/�r.>,`ty� cr �/ �`��� ��'� ���+� 1l` r:•..t /3� � r� �: �Y�,y ,..,.� ~ice—�1 •� ...t/ � '1.7.rk. .�'• .j i �-0 •� �o •� / E 1 •^C� r S 4 ., • ' 1 A1 ! it,rf t k• tS,'�� - 1 1 ' 1 1 1 i ! 1 s 1 1 1 i 1 1 1 1 t ,� � ��'�� •�- ► ' 1 1 1 _•.1 1 1 1 L ' . 1 I i i 11 • ! ! � 1 ! c-��_- �jr�it< 1 1 1 1 1 1 1 • t ! 1 1 1 1 1 1 / 1 1 { 1 1 �'�,�y:� �• 1 1 i 1 1 ' ' / { i f 11 1 1 •1 1 f 1 1 !•1 r'r' 1 ' 1 11 f 1 ' •1 f t 1 ! 1. 1 ' 1 :w •i f 1 2 / 1 1 i _"� t {' OwnI r' , v s _ .. 1ti• .f �_ -?SSE: :4�r•v'+ . x•11 / ��ys«7� �. i' '•'•VIlII� • �'• Er��� ��`��f xr�l ` / � �?ems'.-z-t1�' i. -: � tJ�j � ���3 / //f •� r .;�-�yr+���,,�7.�� , iT✓'ir(Tf t 3•.: t� 1y� .%�." .y �'�:v:4L! <, •�`lJ'vK:�,J;i.•' :y.?io N' •.3:' f y:- .Y 'a+r v •` rix. ) .t4Mt„J3• JASONCHUNG A�O� DATE(MMIDD)YYYII) EVIDENCE OF PROPERTY INSURANCE 1/17/2023 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. HONE AGENCY A1C,No,Ed):(212)888-9800 COMPANY Private Client Group-NFP Property&Casualty Services,Inc. Privilege Underwriters Reciprocal Exchange 40 Wall Street 44 South Boradway 13th Floor Suite 301 New York,NY 10005 White Plains,NY 10601-1743 FAXE-MAIL A1C No• ADDRESS• CODE:85728300 SUB CODE: AGENCY ID#:ANNICOBR01 INSURED Bruno Annicq LOAN NUMBER POLICY NUMBER Olivia Ann(cq H0006318611 127 Fort Greene PI Brooklyn,NY 11217 EFFECTIVE DATE EXPIRATION DATE 1017121 10/7/2023CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATI ONIDESCRIPTI ON Loc#2,1230 1St Street,New Suffolk,NY 11956 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 EVIDENCE OF PROPERTY INSURANCE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I BASIC I BROAD I SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Loc#2 Personal Liability $1,000,000 REMARKS(including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED-IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSURED LENDER'S LOSS PAYABLE L_jLOSS PAYEE MORTGAGEE X Certfif(cate Holder Southold Town Attorney Office LOAN# South Town Annex 54375 Main Rd Box 1179 AUTHORQED REPRESENTATIVE Southold,NY 11971 ACORD 27(2016103) ©1993-2015 ACORD CORPORATION. All rights reserved. OFF FEB 1 3 e203 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: November 2, 2022 Subject: Indemnity Agreement ( Bulkhead 1St Street) 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 r cc: Accounting