HomeMy WebLinkAboutOysterponds UFSD - Old Schoolhouse Park ,ugfaj,
PECEIVIED
GO Z JUN 2 2
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Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: 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