HomeMy WebLinkAboutFishers Island NYS Troopers Housing RESOLUTION 2023-817
ADOPTED DOC ID: 19505
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-817 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 26,2023:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a lease renewal for the premises known as
The Fishers Island Fanns 2 BR residence,off Crescent Ave. (next to the Legion)Fishers Island,
New York,for the purpose of providing accommodations for New York State Troopers for the
period January 1, 2024 through December 31, 2024,under the negotiated terms and conditions,
Funds are available in account code A.1620.4.400.700,DPW,Building Rentals. subject to the
approval of 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, Doherty,Evans,Russell
Vendor No. Check No.
Town of Southold, New York - Payment Voucher NOR&
Vendor Name Vendor Address Entered by
Mystic Isle Realty 1318 Central Ave
Vendor Name #475 Audit Date
Fishers Island,NY 06390
Vendor Telephone Number
860-885-9880 Town Clerk.
Vendor Contact
Jim Reid
Invoice Invoice Invoice Net Purchase Order
Number Date Total Discount Amount Claimed Number Description of Goods or Services General Ledger Fund and Account Number
SHPD/NYS Trooper House
01.01.2024 $7,500.00 $7,500.00 Rental O•� •
Totals: $7,500.00 $7,500.00
Payee Certification Department Certification
The undersigned(Claimant)(Acting on behalf of the above named claimant) I hereby certify that the materials above specified have been received by me
does hereby certify that the foregoing claim is true and correct,that no part has in good condition without substitution,the services properly
been paid,except as therein stated,that the balance therein stated is actually performe at the qu ntities thereof have been verified with the exceptions
due and owing,and that taxes from which the Town is exempt are excluded. o discrepan ies noted,and payment is approved.
Signature Title Signat re
Company Name Date Title Date�c 2
LEASE AGREEMENT
The parties agree as follows:
Date of this lease: October 22,2023
Landlord: Fishers Island Farms,LLC
John S.W. Spofford
917.968.9820
isws@,mmep_r,__gmm
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, 2024 and end at noon December 31, 2024.
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. T e remises 64811 be occu` ied by-active rnei66rs e New York State Police and or Town
Of Southold Police assigned.to.fishers-Island.The individual roo e s livin at the ggarters will
rotate as scheduling regultel
3.
RENT:
4. The rent is ONE HUNDRED THOUSAND DOLLARS($100,000)payable on signing the lease_
(Payable to Fishers Island Farms LLC)
Real Estate Commission of 7.5%($7,500)to be paid by the Town of Southold'to Mystic Isle Realty(see#25)
UTILITIES AND SERVICES:
S. 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.
1
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 3 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.
I
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,SETOFF:
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
or in th,2 future.Tenant must promptly execute any certificat€ls$that Landlord requests to shop}y�,Iat this
Lease is scsbje.:and subordinate.
24.The headingare for convenience only.
BROKER:
25.The.Landfdrd thereby recognizes]acnes Reid,l4y.; h,c isle R.ealt+j,Irc:as the Broker negotiatin#this Lease
-,x6d.TheTeria6t as-ec sto pay the commission to said Broker.TheTenant shall pay a tornmission capon
ranevral of this lease on th6 same or different~terms;orupon the salmar excharsge rf the Premises bet,veen
the.parties.Cbmmtssirsrrs shall be pdtd to mystic isle Realty 1318 Central Ave#475 Fishers est-end,NY 05390
as.#ollons;7.5%($7,500)on Hl_paytrrpntof rent.
26.Landlord.agrees that if Tenant pans the tent and is not in.cle_f�Ult under this Lease;Tenant may peacccabiy
ptid qtAetly hive,,hold&enjoy t13c Premises for thb Term of this tease.
SUCC'ESS0135:
27.T ries Lease-Is:binding on all parties who 1:3wfully SUceeed to the right-or take the place.of.tie La idtord or
Tcnarit:
CHANGES:
213.This i.use on be changed only.by-an agreement in writing,signed by the partic ss to the tease.
29.The.preriiises are to be delrrvered to-the Terhmt in a thorotr�hly clean conditian,.and sald.premises are-to
be returned wthe.tanftrd in rhe-sairie cond'rtinn.if itis deemed iiecessarp,the prernises ire tQ be cleaned
pfd�zssionafly aftQr the terrarst va�st,�aC his expense.
Sl(3MAT1JRi~S;
T(3e pares have nt:� Into this c,ease'an the date.frta€atto%+e stai d.
L.-nldlord: Q L
__ T
.3ohrc*p.dfferd on behaltof r=iSlzcrs Island Farms Ltd
�eriar4t: W,
S a R'.;r =r�dn t ;31f f -:r To�•m of Southold
Request for Taxpayer Give Form to the
F° '
(Rev.October 201$)
Identification Number and Certification requester.Do not
Departmeili githe Treasury send to the IRS.
Imam",Revenue service ►Go to www fns gov1FormW9 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.
Fishers Island Farms LLC
2 Buslness.nametdisregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person vrf:oss name Is entered on line i.Check only one of the 4 Exemptions(codes apply only to
at following seven boxes. certain ehtities,not Individuals;see
Q. Instructions on page 3):
o ❑ irtdivlduallsole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑Tnisvestate
1ia single-member LLC Exempt payee code(if any)
yg+ ✓❑ Umfted.liability company.i=nter the tax classification&:-C corporation.S-S corporation,P=Partnership)► P
' Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA report
trrg
0
LI.0 if the LLC is classified as a single-member LLG that is disregarded from the owner unless the owner of the LLC is code(if
a U another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
Is disregarded froirt the ommer should check the appropriate box for the tax.classification of its owner.
n ❑ Other(see instructions)► opQvita mcawb eu%hran*d0.0D the U,si
y 5 Address(number,street,and apt or suite no.)See Instructions. Requester's name and address(optional)
9 403 Crescent Ave.P.O. Box 134
6 City,state,and ZIP code
Fishers.island,NY 06390
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Eater your 71N in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup aien,soewithholding.For individuals,this.is generally your social security number(SSN).However,fora 'm _
resident order,sole proprietor,or disregarded entity,seethe Instructions for Part t;tater.For other
entities,it is your employer identification number(Elly.If you do not have a number,see plow to get a
TiN,later. or
'Note:tf the account is in more tharibne name,see the instructions for lime 1.Also see What Name and I Employer Identification number
Number To Give the Requester for guidelines on whose number to enter.
17.ME Certification
Under.penalties of perjury,I certify that:
1.The number shown on this form Is my correct taxpayer identification number(or t am waiting for a number to be issued tome);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 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the iRS has notified rite that I am
no longer subject to backup vrithholding;and
3.1 arria U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on tins form(f any)'indicating that 1 am exempt from FATCA reporting is correct.
Certification insftctions.You must cross out item 2 above if you have been nottiied by the IRS that you are currently subject to backtip withholding because
you have'railed to report all interest and dividends on your tax return For real cstate.transactioris,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions town individual retirementarrangement ORA),and generally,payments
other than interest and dividends,you are not required to sign the certification,.But you mustcorrect TIN.your corTIN.Seethe instructions for Part Il,tater.
Sign Signature of �f )
Here Us.person Ip. V Date 111-
General Instructions •Form 1099-Df`l(dividends,in fuding those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC(various types of income,prizes,awarcis,.or gross
noted. proceeds)
Future developments.For the latest information about developments .Farm 1099-8(stock or mutual fund sales and certain.ottier
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to v&hi lrs.gov1FbanW9. *'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(1N)vrhich may be yoursopial security number •Form 1099-C(canceled debt)
(SSM,individual taxpayer identification number(ITiM. ,adopidon .Form 1.099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATiN),or employefidentification number
(EIN),to report on an information return the dm6unt 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 77N you might
•Form 1099-INT pnterest earned or paid) be subject to backup wiihhofding.See What Is backup withholding,
tater.
Cat No.10231X Form W-9(Rev.10-201$)
RESOLUTION 2023-817
ADOPTED DOC ID: 19505
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-817 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 26,2023:
i RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A.Russell to execute a lease renewal for the premises known as
The Fishers Island Farms 2 BR residence,off Crescent Ave. (next to the Legion)Fishers Island,
New York,for the purpose of providing accommodations for New York State Troopers for the
period January 1, 2024 through December 31, 2024,under the negotiated terms and conditions,
Funds are available in account code A.1620.4.400.700, DPW,Building Rentals. subject to the
approval of the town attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian 0. Mealy, Councilman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa,Doroski,Mealy, Doherty,Evans,Russell
Vendor No. Check No.
Town of Southold, New York - Payment Voucher (Q F
Vendor Name Vendor Address Entered by
Fishers Island Farms LLC 2403 Crescent Ave
Vendor Name Audit Date
Fishers Island,NY.O639O
Vendor Telephone Number
917-968-9820 Town Clerk
Vendor Contact
John Spofford
Invoice Invoice Invoice Net Purchase Order
Number Date Total Discount Amount Claimed Number Description of Goods or Services General Ledger Fund and Account Number
SHPD/NYS Trooper House
01.01.2024 $100,000.00 $100,000.00 Rental ��'700
Totals: $100,000.00 $100,000.00
Payee Certification Department Certification
The undersigned(Claimant)(Acting on behalf of the above named claimant) I hereby certify that the materials above specified have been received by me
does hereby certify that the foregoing claim is true and correct,that no part has in good ndition without substitution,the services properly
been paid,except as therein stated,that the balance therein stated is actually performed and, ata quantides thereof have been verified with the exceptions
due and owing,and that taxes from which the Town is exempt are excluded. / or di crepancies oted,and payment is approved.
i
Signature Title Signature rf
Company Name Date Title r _Date .104y
LEASE AGREEMENT
The parties agree as follows:
Date of this lease: October 22,2023
Landlord; Fishers Island Farms,LLC
John S.W. Spofford
917.968.9820
isws aaffle.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, 2024 and end at noon December 31, 2024.
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
byTENANT. The premises shall be occii ied b active embers oft o New York State P.olico and or Town
d
Uf Sout o Police assigned to. ish s.Island a individual roo ers I' i at the guarters.Will
rotato.as scheduling requires.
3.
RENT:
4. The rent is ONE HUNDRED THOUSAND DOLLARS($100,000)payable on signing the lease.
(Payable to Fishers Island Farms LLC)
Real Estate Commission of 7.5%($7,500)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:
I9. 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.
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 3 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 defablts:
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.
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
or tri the,f6ture.Tenant must prompsly execute any certificate#s}that Landlord requests to show.hat this
Lease;as.sasbject and subordinate.
timAROta HEADINGS.:
24.The headings are for comet-rdence only.
BROKER:
25_The.LalW,16rd hereby recognizes Jaynes Reid,IAijitic isle. -,ity,frac:as the Broker negoLiatigRthis Lease
and-The Teriarat agreos to.pay the commission to said Brol en'The Tenant�hatl pay a cornmrission upon
rt'slevlai of this Cease on the same or differen terms;or upon.the salo:.or exclaange of tie Premises beb;,leen
the parties.Commfss€ens shp;11 be.,paiO to Mystic isle Realty.1318 Central Ave#475€€suers Island,N't(163.90
.as.f,bt n :.7.5114($7,500)on,ull.paytnoiiLof rent.
QUIEET'ENJt}'d7a1ENT:
26:Landlord agrees that if Tenant pays the rent and Isnot in de. fault under this.Lease;Tenant may peaceably
allyhave,•holda vnioy the Premises for th'e Term of this8.ease.
SUCCESSORS;
27,;Als Lease.is:b4ding on all parties who(awfully succeed to the righty or tike the place of the Lundfor3 or
T6,gwt:
28.Tho Lease tri bo thanged oniVby ars a,�,7eement N wr€Lina signed by the parties.to the Lease.
23,The prgrnises are.to be derrvered to,the Tenant i.a a th'orqu-ghly+dean co- dWgn,.and said pirexnises are to
be metsirned-t6the Landlord in the sarne*condit€&t if it is deeried i.wessary,the,premises are to be cleaned
pmfesslo ally aftoc tha tenant vamtes'at his+expense.
$icy Ttias:
The parries haVanti'-red lnto this l,ease'en the date.first above staE�d,
Jahr:Spbf#dtd on behalf of rishers Island Farms LLC
1E n, if of--iso Tovm of Southold
Form ®9 , , Request for Taxpayer Give Form to the
(Rev.october2018) Identification Number-and Certification requester.Do not
Department ofthe.Treaswy send to the IRS.
Irtlemal Revenue Service ►Go to www.irs:gov1Foi7nW9 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 blanc.
Fishers Island Farms LLC
2 Businesp.name./disregarded entity name,if different from above
m 3 Check appropriate box for federal tax classification of the person vh=e name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
I following seven boxes. certain entities,not individuals,see
C. instructions on page 3):
c Elr�dM
Idu.11.0.proprietor or ❑ C Corporation ElS Corporation ❑ Partnership El Tnuticstato
ei c single-member LLC Exempt payee code(d aro
c.o
yam+:0 ✓❑ Umited.lia58ity company.Enter the tax classification(C=C corporation,S=S corporation,P_Partnership)0- P
c 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
+' m I!C If the LLG is ciaselfie l as a sin Is-member lMthat is disregarded from the ovmerunless the owner of the LLC is rn
C another LLC that is not disregarded from the owner for U.S.fedr 0 tax purposes.Otherwise,a single-member LLC that code pf a )
C Is disregarded from the owner should check the appropriate box for the tax,classification of its owner.
m ❑ Other(see Instructions))- n-cao rs Wwxvd« + ua)
y b Address(number,street,and Apt.or suite no.)See instrucfions. Requester's name and address(optional)
403 Crescent Ave. P.O.Box-.134
8 City,state,and ZIP code
Fishers.lsland,NY 06390
7 List account humber(s)here(opfionaQ
Taxpayer Identification Number(nN)
Enter your TIN in the appropriate box.The TiN provided must match the name given on fine 1 W avoid Social.security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a _M _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 How to get.a
77Af,later. or
Note:If the account Is In more than one name,see tho instructions for line 1.Also see What Name and I Employer identiftcation number
iVumber td Give the Requester for guidelines on whose number to enter. M r r r r, r
Certification
Under penalties of perjury,l certify that:
1.The number.shown on this form is my correct taxpayer identificatidn number(or I am waiting for a number to be issued to fine);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
Servlce'.(IRS)thai i am subject to backup withholding as a result of a faGure-to report all interest or dividends,or(c)the IRS has notified rife that I am
no longer subject to backup withholding;�and
3.i affil a'U.S.citizen or other U.S.person(defined below);and
4.The FATC.A code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting Is correct
Certification Instructions.You must cross ouf 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,contribution to-an Individual retirement anangement OM,and generally,payments
other than interest and dividends,you are not required to sign the certification,.but y du-must provide your correct TiN.See the.instructlons for Part Il,tater
Sign Signature of � )
Here U.S.person► CX L V 4 Date 10- i 1 Z
General Instructions •Form 1099-DN(dividends,in luding those from stocks or mutual
-funds)
Section references are to the Internal Revenue Code unless*otherMse. •Form 1099-MISC.(various types of income,prizes,ativards,.or gross
noted proceeds)
Future developments.For the latest Information about developments .Form 1099-B(stock-or mutual fund safes and certain other
related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers)
after they were.published,go to vnvw.ifs gov/FarmN9. •Form 1099-5(proceeds from real estate transactions)
Purpose of Form •Form 1099-if(merchant card and-third panly'network transactions)
An ind)vidual 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 taxpayer1098 T(tuition)
Identification number(TIN)which may be your social security number .Fprm long-C(canceled debt)
(SSN).'individual taxpayer idenificatibn number(ITIN),adoption
taxpayer Identification number(A71N),or employer identification number `Form 1,099-A(acquisition or abandonmentof secured property)
'(EIN),to report on an information return the amount paid to you,or other Use Form W+9 only if you area 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 71N,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)