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HomeMy WebLinkAboutOysterponds UFSD - Old Schoolhouse Park ,ugfaj, PECEIVIED GO Z JUN 2 2 o � Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: June 21, 2023 Subject: TOS Lease Renewal Oysterponds School With respect to the above-referenced matter, I am enclosing the fully executed Agreement. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures y' PROPERTY LEASE RENEWAL This Agreement, made and entered this 28 h day of April, 2023, by and between the Oysterponds Union Free School District(hereinafter referred to as "District") and the Town of Southold (hereinafter referred to as "Town"). WITNESSETH : WHEREAS, the District is the owner of a certain parcel of land constituting 10.396 acres located on Main Road in East Marion( SCTM# 1000-18.00-2.00-23.1) which is has been deemed excess and unused by the District; and WHEREAS,the District has deemed it in its best interest to lease said parcel to the Town for the public benefit and has adopted a resolution to this effect; and WHEREAS,the Town is desirous of providing for and maintaining existing recreational facilities for the benefit of its residents currently located at said parcel; and WHEREAS, on June 1, 2012 the District let the parcel to the Town,pursuant to a certain written Lease Agreement which expired on May 31, 2022; and WHEREAS,the parties wish to extend the said Lease Agreement for an additional ten(10)year term under the same terms and conditions,with the additional provision as contemplated by the parties that certain improvements to the parcel may be made as determined by the Town to be in the best interest of its residents; NOW,THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The said written Lease Agreement dated June 1, 2012 is hereby extended under the same terms and conditions as set forth in said Agreement, for an additional ten(10)year period,to expire on May 31, 2032. 2. That the parties hereby agree that notice of any improvements to the parcel shall be made in writing to the District, and shall serve as an addendum to this Agreement. IN WITNESS WHEREOF,the parties have duly executed this Agreement the day and year first above written. BOARD OF EDUCATION TOWN OF SOUTHOLD Oysterponds UFSD By: Scott A. Russell, Supervisor ORIGINAL LEASE AGREEMENT THIS AGREEMENT, made and entered into this 1st day of June, 2012, by and between the Oysterponds UFSD Board of Education (hereinafter referred to as "District") and the Town of Southold (hereinafter referred to as "Town"). WITNESSETH: WHEREAS, the District has determined pursuant to Education Law§403- a that real property constituting some 10.396 acres located on Main Road in East Marion, Town of Southold, Suffolk County, New York (see attached) is "not currently needed for School District purposes and that the leasing of such real property is in the best interest of the District"; and has adopted a resolution to this effect; and WHEREAS, the Town recognizes that additional recreational facilities will be made available for public use; and WHEREAS, the District recognizes that such additional recreational facilities will enhance both the District community and the community-at-large; and WHEREAS, the maintenance including lawn care, striping of tennis courts, basketball courts and parking lot of the subject real property will be undertaken by the Town in lieu of the District absorbing on a continuous basis such costs; and WHEREAS, it has been determined by both the District and the Town that it is in their mutual interests to provide for the Town a baseball field, soccer field, tennis court and basketball facility, and playground area located on the property. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. The District "leases" to the Town the property set forth within the attached survey comprising 10.396 acres located within the District and the Town at the annual rate, effective June 1, 2012 through May 31, 2022, of$10.00 and such other good and valuable consideration as has been above-referenced. 2. The Town will not be permitted to provide for any illumination of the said parkland or its appurtenances, including, the parking lot. 3. The District may cancel this Agreement upon their being: (a) a substantial increase or decrease of pupil enrollment; (b) a substantial change in the needs and requirements of the District with respect to facilities; (c) any other change which would substantially affect the needs or requirements of the District or of the community in which the District is located. 4. Upon termination, the Town is to be statutorily obligated to restore the real property to its original condition less ordinary depreciation, provided, however, the District may waive such requirement if the Town has made improvements to such real property which may not be removed without causing substantial damage to such real property; further, the Town reserves the right to remove any playground structures/fixtures upon termination of this Lease Agreement. 5. The Town agrees to indemnify and hold harmless the District on account of any and all claims, actions, suits arising as a result of any 2 use by any person or entity of the leased real property and, further, the Town is to name the District as an "additional insured" on its liability coverage pertaining to the subject "parkland". 6. This Lease Agreement has been prepared under the laws of the State of New York and is to be interpreted under the laws of the State of New York; this Agreement merges all prior understandings and any understandings or conditions, written or oral, upon which the parties are relying which are not expressly stated herein are to be deemed with no force and effect. 7. Any modifications to this Lease Agreement shall be in writing, as amendments to the Lease. IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. BOSe: OF EDUCATION OYRPONDS D By: rAq-OVAN ems. 17iW A4/faS Title: TOWN OF S HOLD By: -04,01 x.), Sco . Russell, Supervisor 3 t . STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On this day of , in the year 2013, before me personally appeared 1 s , known to me or proved to me on the'basis of satisfactory e ' enc(e to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executedAhe instrument. Notary Public STATE OF NEW YORK) %ftb!{C,stab of"StftOf ry putNw Yolk ) ss.: W.4549W COUNTY OF SUFFOLK awwadina"�0"` COMMIslim Expin� On this /61 day of�"� , in the year 2013, before me personally appeared SCOTT A. RUSSELL, 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 and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. n Notary Public 1AUREM V.STANDISH NOl�rr pwft State of New York NO.01 ST6164008 C in So1(olk County 61061 Aprit 9.2015 4 s L-1 OYSTERPONDS U.F.S.D. IN ORIENT 23405 MAIN ROAD ORIENT NY 11957 Telephone 631323-2410 WebsUe.www.oysterponds.org Board of Education DISTRICT CLERK'S CERTIFICATE I, Marion H. Hughes,being the duly appointed and acting District Clerk of the Oysterponds Union Free School District, in the County of Suffolk, State of New York,HEREBY CERTIFY that the foregoing annexed extract from the minutes of the meeting of the Board of Education of said District duly called and held on October 22,2013,has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Board of Education and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relates to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand affixed the corporate seal of said District on this day of November,2013. cp District Clerk STATE OF NEW YORK) ss.. COUNTY OF SUFFOLK Oqtqhis day ofd in the e 20 efore me, the undersigned, personally appeared -NtQV ame)th , ' le)and authorized agent of the Oysterponds UFSD Board of E ucation.,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 and that by his signature on the instrument,the individual or the person upon whose behalf of which the ind' cted, executed the instrument. Notary Public Melissa Palermo STATE OF NEW YORK) Notary Public,State of New York ss.: No.4949887 Qualified Suffolk C COUNTY OF SUFFOLK) oun )013 Commission, D Expires On this_day of April in the year 2023 before me,the undersigned,personally appeared SCOTT A. RUSSELL,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 and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public RESOLUTION 2022-943 ADOPTED DOC ID: 18570 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-943 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 29,2022: RESOLVED that the Town Board of the Town of Southold authorizes and directs Town Supervisor Scott A. Russell to execute an agreement with the Oysterponds UFSD Board of Education to lease the Old Schoolhouse Park for the period of ten(10)years, at a cost of$10 dollars, subject to approval by the Town Attorney. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Jill Doherty, Councilwoman AYES: Nappa,Doroski,Mealy, Doherty, Evans, Russell , 0YSTERPONDS U.F.S.D. IN ORIENT �-� 23405 MAINROAD ORIENT NY 11957 Telephone 631323-2410 .P-;;T� �_�, Fax 631323-0058 Website:www.oysterponds.org Richard C.Malone Superintendent of Schools June 14,2023 Ms. Melissa Mirabelli Secretary to the Town Attorney Town of Southold P.O.Box 1179 Southold,New York 11971-0959 RE: Lease Agreement-East Marion Park Dear Ms. Mirabelli: Please be advised that at'their regular meeting on June 13,2023,the Board of Education authorized a lease agreement renewal between the Oysterponds School District and the Town of Southold in connection with the district property in East Marion,which is currently utilized as a recreational facility for use by the public,for the period June 1,2022 to May 31,2032. Enclosed please find two partially executed agreements and an invoice in the amount of: $100.00 for the(10) ten year period. If you have any questions,please do not hesitate to contact me. Thank you. Sincerely, Melissa Palermo Business Manager Enclosures Invoice Oysterponds Union Free School District in Orient Date: 6/15/23 23405 Main Road Invoice#: EMLEASE22-32 Orient,New York 11957 (631)323-2410 Att: Business Office-Melissa Palermo To: Town of Southold P.O.Box 1179 Southold,New York 11971-0959 Lease Agreement for the property located on Main Road in East Marion for the period June 1,2022 to May 31,2032 at an annual rate of$10.00 100.00 Subtotal $ 100.00 Sales Tax Total $ 100.00 Make all checks payable to Oysterponds Union Free School District