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Home My WebLink AboutCellular One JUDITH T. TERRY TOWN CLERK REGISTRAR OF VTTAL STATISTICS MARRIAGE OFFICER Town Halt. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 26. 1991: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a lease agreement between Cellular Telephone Company and the Town of Southold for the installation of a Telecommunications Tower and Equipment Building at the Highway Department site, Peconic Lane, Peconic, for a term of ten (10) years commencing April 1, 1991 and ending on March 31, 2001, at a rental fee of two thousand five hundred dollars ($2,500.00) per month, to be paid to the Town of Southold, all in accordance with the lease agreement as approved by the Town Attorney. Southo'ld Town Clerk March 27, 1991 CELWLARONE® 365 West Passaic Street Rochelle Park, New Jersey 07662-3015 (201) 587-7886 October 25, 1991 Dear Landlord: Re: Your lease with Ce~ula~ T, elephone Company Premises: ~X~~o~ ~3Z~.~c- }~ This York General Partnership, One to Cellular One. Southold Town Cle~ is to inform you that Cellular Telephone Company, a New has changed its business name from Metro Ail notices required to be given in accordance with our agreement can still be directed to Cellular Telephone Company at our m~in office address listed below. Cellular Telephone Company 15 E. Midland Avenue Paramus, New Jersey 07652 Attn: Edward F. Weingart Vice President System Implementation If you have any questions, please feel free to contact me at (201) 587-7890. Thank you, Very truly yours, C E L L U~L A R O N E Deborah DiPiazza Paralegal cc: file JOHN P. TILDEN LTD. INSURANCE BROKERS AVERAGE ADJUSTERS EMPLOYEE BENEFIT PLAN CONSULTANTS 10 PLATT STREET NEW YORK, N.M. 10038-4886 March 31, 1993 APR ~,~ 1~3 Re: Cellular Telephone Company Certificate of Insurance Dear Certificate Holder: Further to your request enclosed please Insurance for the captioned Insured. We trust the enclosed is satisfactory. have JZ:lc Enclosure CC: find Certificate of Of courser should you any questions, please do not hesitate to call. Sincerely, JOHN P. TILDEN LTD. Ms. Debbie DiPiazza Cellular Telephone Co. Mr. Eli Bakofsky Cellular Telephone Company d/b/a Cellular One 15 East Midland Avenue Paramus, New Jersey 07652 MAR.~H & MCLENNAN. INC. CERTIFICATE OF INSURANCE ~ 48716 P~ODUC~R Marsh & MoLennan, Incorporated NO~ON~TmCATEHOLDER~R~OSE~RO~ i~66 avenue of the ~er~cas N~w York, NY 10036-2774 C~PANIES AFFORDING CO~GE c0~ A ~RIC~ RIDGE IN~U~CE CO. ........ , ~MPANY 8 RELI~CE NATIONAL ~E~ITY cellular Telephone Company D..B.~. ~TaT W~reless Se~ioes, ~no. ~a~ O LU~E~NS HUTU~L C~SU~TY 15 East Midland ~v~ue Par~uS, NJ 07652 ~u~ D E~YERS ~INSU~OE CORP :OVERAGES ~0~A~DI~= ~ ~Y flEO~I~T,~ ~HM OH CO~DITION OF ANYCON~CT Off OTHER OOCUM~T WITH ~E~PE~ TO W~ICH !H~EH~F{~TE ~ ~ ~L 6 01 01 95 10/15/96 10/15/97 ~a~ssa~r~ -- ~,M~ ~OCC~. ~RSO~L aADV iNJURY OWN~'S CO~RACT~'8 PR~. ~CH O~URREN~ B AuT~m~ ~ 0~00157 03 9/0~/96 [0/[5/97 ~MBiNEDSlNGmLiMiT ~ WOR~RS'C~PEN~D SBA 038 855--00 10/01/96 10/01/97 STATUTORY LIMITS X I...X..:~:~kE::~::::::~:~::S~:~:~:~:~E 3 ~pw~s~s~ 5BA 038 856-00 10/01/96 10/01/97 ~CH~NT $ 250000~ ~ SBA 038 857-00 10/01/96 10/01/97 o~a-~ou~u~ ) ~XC WORK ~MP 0581265 .10/15/96 10/15/99 $4.5 ~ WC/ $2 ~ IL I~tT self insures workers~ compensation and 9~ployer~ liability losses ;0 $500,000 per occurrence ~:t WA only The Certificate Holder Ks added as an t~flltlonal Insured as re~ired written cont~a~t or lease agreement. Si[e ~ 229 corE.GE, [TSAG~TSO~E~T~VES, ORTHEISSU~OFTHtSCERTIFICA~. PAGE: I OF I ItvI R SH ' :---.,- · .' .:. .... CERT,.DATE.UMSER PRODUCER THIS CERTIFICATE IS ISSU~ ~ A MATTER OF INFORMATION ONLY ~D CONFERS Marsh USA Inc NO RIGHTS UPON THE CERTIFICATE HO~ER OTHER TH~ THOSE PROVIDED IN THE The Financi~ Center POUCY. THiS CERTIRCATE DOES NOT AMEND, ~TEND OR ALTER THE COVERAGE 1215 F~h Avenue ~FQRDED BY THE POUCIES DESCRieD H~E[N. ~uite 2~0 COMPANIES AFFORDING COVE~GE Se~le WA 98~61-10~ Attn Marsh C~ De~.~ea~e~-1,~7~l~0De~,*23~0 ~MPANY 105408-DCAST-ALL-00-01 ..... A AMERICAN HOME ASSUAGE CO ~..-~; CE~LU~R TEEEPHONE C~MPANY B NATI~AL UNION FI~'INS. ~O. ~ j 'D~B.~AT&T ~IRELE~ SE~C~, INC. ' ~'~ ~5~S~]D~AND AV~NU~ COMPANY .... ~.~ ~ PA~MUs, NJ 07652 C I~ CO,~ THE ~ATE OF PA D ~UER]CAN GU~ANT~}~.CO. N~STAhD]~G ANY REQUIREMENT, ~ ~ C~DmON OF ANY CONTACT ~R ~ER ~UM~W~ ~ TO ~ICH ~E C~TIR~ ~ BE [SSU~ O~Y ~PE OF INSURANCE ' POLICY ~UMBER DATE (MM~D~ LIMITS A G~ERAL UABIUTY RMGL 6128449 04t09/03 ~/09/~ GEN~L ~G~ ' X COMMUNAL G~L L~BILI~ PRODUCTS. CeMP/Op AGG A AUTO~OmLE L~UW RMCA 6611822 MA 04~09~03 07/09/03 COMBINED SING~ LIM~ $ 2,500,000 B ~ ANYAUTO RMCA 66118~ TX 04109/03 07~09~03 B ALL O~ED AUTOS. ', · RMCA 6611824 AOS 04~09~03I~ 07/09/03, ,,.. .... ~ (Per BODILY I~URY pe~n) __ ~HEDULEDAUTOS . . ,. D EXCESS M~U~ ~UC 9305217-00 07/09/02 07/09/03 ~CH OCCU~NCE $ 1,000,000 UMBREL~ FORM AGGREGA~ $ 1,000,000 OTHER THAN UMBREL~ FORM G ~MW~ 52 ~ ~874 AO~ · 04/0~I03 07~0~/03 . ~[ ~&c~ ~*- $ 2,500,000 C THE PROPRI~O~ ~ INCL ~MWC 521t 154 WI 04/09/03 07/09/03 EL DISUSE-POLICY LIMIT $ 2,500,000 B OFF]CERS ARE: ~CL ~MWC 5211158 OR 04/09~03 07/09/03 EL DIS~SE-~CH EMPLOYEE $ 2,500,000 RECEIVED DESCRIPTIONOFOPE~TJONSILOCATIONSNEHICLESISPEC~LITEMS APR Z MAIN RD. SITE ~ 229 ~SSUSROF~S ~y: Edward U. Belsky ~ ~' ~ · ;.'-;_:..: .... ...:?.~ .... ? <:.:.. '~. :.'"7 :''''., , g,~-.' '":' . . ,, z .... ~,"" '""", ' ~:. ~ {~)02),,: .... .." 55}~ '": ' ,">~' ," ;;'*;.... - VALID, AS PRODUCER . Marsh USAInc The Fioano?l Center 12i5: Fourth Avenue Suite 2300 Seaffle, WA 9816'1~1095 At[n: Marsh CSS DePt. Seaffie 1-877-6'13-2200 ext. 2300 105408-DCAST-ALL-00-0I COMPANIES AFFORDING COVERAGE E COMPANY F CELLULAR TELEPHONE COMPANY D.B-A. AT&T WIRELESSSERV]C ES INC, 15 EAST MIDLAND AVENUE PARAMuS, NJ 07652 119s8 COMPANY G MAIN RD. SOUTHOLD, NY 1197t SITE # 229 AUTHORIZED REPRESENTATIVE MARSH USA [NC. BY Edward M. Belsky ~¢.~-~.......,,~ ~4'- ~ INCL~IDES COp~'RIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. LEA~;E THiS LEASE. made this~ ~¥ of March, 1991, by and between the TOWN OF SOUTHOLD, having an office at Main Road Southoid. New York 11971 [herein ,referred to as Landlord) ~and CELLULAR TELEPHONE~ COMPANY, a New"~ York general .jpartnership, having an office at 15 East Midland Avenue, Paramus New Jersey, 07652 [hereinafter referred to as "Tenant" and "CTG"). WHEREAS. Landlord is the owner of certain premises described in Exhibit "1" annexed hereto; and ~HEREAS. CTC desires to use a portion of said premises for installation. maintenance and operation of radio transmitting and receiving equipment and other associated equipment in connection with its cellular mobile telephone business; NOW, THEREFORE, in consideration of all the foregoing~ and in further consideration of the premises, obligations, terms and conditions hereinafter set forth .and recited, both parties do hereby agree as follows: 1. LEASE OF PREMISES: Landlord leases to CTC and CTC leasas from Landlord that portion of the premises located at Peconic Lane, Peconic, New York 11958, as specifically set forth and described in Exhibit "2" annexed hereto and made a part hereof ["Leased Premises"). Landlord also grants CTC the right of access to the Leased Premises. It is expressly understood and agreed, and Landlord acknowledges that CTC is entering into this Lease in reliance on the representation that CTC, its officers, employees, agents, invitees, licensaes and representatives shall have the unlimited right of access to the Leased premises through the building or real property of which the Leased Premises form a part, and the use of the Leased premises seven (7) days a week, twenty .four (24) hours a day. It is expressly understood that CTC may not sublet the premises during the terms of this Lease. It is further understood that the Leased premises are a portion of the Highway Department yard. It is further understood that Lhe yard itself is kept secured by a lock. CTC covenants and agrees that it shall be afforded access through the secured entry way by means of key or combination but shall be responsible for securing the premises each and every time they enter and leave except during normal business hours when the premises are unlocked by the landlord. 2. USE OF PREMISES: Ia) The Leased Premises are to be used for the installation, operation and maintenance of radio transmitting and receiving equipment along with associated other electronic equipment which may be passive and/or active. CTC shall have the right to install up to twelve (12) antennas, a 14'x35' modular ~r~dt~g. a 125~ 'la,t~ice ~o~er. fehci~g aTtd :other accessories, neceSSa~ to the s~uccessfut and secure opera~ien of the aBb'~e~h~en'tioned radio equipment. It is understood and agreed that CTC has antennas on the leased premises. CTC to use 'the tower for their fire, police other property attached to or otherwise the exclusive right for the placement of grants permission to the Town of Southold and hospital antennas. All equipment or brought onto the Leased Premises shall at all times be personal property and, at CTC's option, may be removed by CTC at any time during the term or within a reasonable time after expiration of this Lease. Upon completion of the modular building and tower by CTC, the modular building, tower and fencing will become the property of the Town of Southold. [b) CTC shall have the right to use whatever means it deems appropriate to install its equipment, provided that the installation shall strfctly in accordance with the Building Code of the Town of Southo~d and the Building Code of the State of New York. Furthermore, it is agreed that all installation and construction, as well as plans and specifications, shall be approved by the Building Department of the Town of Southold. Landlord recognizes that in order for CTC to install and operate its equipment, it will need the ability to run transmission lines from the equipment room to the antenna location, run power from the main feed to the equipment room, and run telephone lines from the main telephone entry point to the equipment room. Landlord agrees to allow CTC to make all reasonable and necessary alterations, to the building or real property of which the Leased Premises forms a part, in order to accomplish above. CTC shall have the right at any time during the term hereof, at its own expense, to erect, construct or make any improvements, alterations or additions upon or to the Leased premises required for CTC's use, including, but not limited, to the right of CTC to enclose its equipment and to cap or otherwise modify (e.g. use of a Halon System) any sprinkler system in the equipment room to protect CTC's equipment. (c) Landlord will make available architectural information regarding the building upon request or provide access to available plans. (d) Landlord shall cooperate with CTC and will join in any applications for governmental licenses, permits and approvals required of or deemed necessary by CTC for its use of the Leased Premises. including, without limitation. applications for business licenses and permits provided that CTC shall reimburse Landlord for any costs or fees actually incurred by Landlord in connection with such cooperation. [e) If the Leased right-of-way, Landlord shall Prem'lses are not readily accessible to the public and does hereby grant CTC an easement over the -2- ~her 'property o~ Landlord to ingress and egress, to and from the Leased Premises from the closest public rl'ght-of-way and to install any of [he above-mentioned equipment required for CTC~s operations. Such easement shall remain in effect during the term, and any extended term. No additional rent shall be payable by reason of Landlord's grant of such easement, (fl CTC covenants and agrees to make available to Landlord a portion :oJ~ ~he modula, r building being erected by them 'in order to house the communication . e~lui~pment necessari-ly attendant to the municipal radio antennas and communications systems being in,stalled on the tower. Access to the equipment and modular build,lng shall be afforded to the Landlord seven (7) days a week twenty-four 124) hours per day. 3. MANAGEMENT OF SITE ENGINEERING: (al Landlord agrees to eliminate, without cost to CTC. any interference to CTC's operation causee by Landlord or anyone holding under Landlord in a timely manner after oral notice thereof. If such interference cannot be eliminated within a reasonable length of time. after oral notice thereof, Landlord shall cease or shall require the party causing the interference to cease using the equipment which is causing the interference except for short tests necessary for the elimination of the interference. lb) CTC agrees not to interfere with radio transmission or reception equipment properly located .on the premises owned by Landlord of which the Leased Premises forms a part. If CTC should cause such measurable interference. CTC shall eliminate it in a timely manner. (c) Landlord agrees not to erect any structure within or on the premises owned by Landlord of which the Leased Premises forms a part that would interfere with CTC's operation of its equipment. (d) Tenant agrees that at no time will any microwave dishes or microwave transmission or receiving equipment be placed on the Lower. 4, TERM: The initial term of this Lease shall be for ten years commencing on April 1, ,,1991, and ending on March 31. 2001. As used herein, "term" refers to the initial term and any renewal term as herein provided. If, at any time- during this Lease. the Leased Premises becomes unsuitable for cellular radio telephone system operation due to: (al governmental regulation. (b) technical causes. (c) interference with CTC's operation that cannot be resolved, CTC may terminate this Lease by notice to Landlord which shall be effective thirty (30) days after it is~mailed by CTC, . ~ . -3- 5. R~NT: Wh1{e~Land~ord is not in de[ault hereundei% CTC w~l pay Landlord as rent 'hereunder in advance, the sum of two thousand five hundred dollars ($2500.00) per month commencing on the first day of the month following the execution of this agreement, notwithstanding anything here to the foregoing. however. CTC wilt pay Landl~r,'d the sum of thirty thousand dollars [$30.000.00) upon the execution of this agreement which sum shall constitute full prepayment of the first year's rental on the premises and that no further payment shall be due by the CTC to the Tenant until one year from the date hereof. The rental for the second terms, shall follows: year and each succeeding year throughout the, ir~itial term and option be increased to the annual rental determined thereof by a formula as New Rent = (Basic Rent) + (IR-IL/IL x Basic Rent) Definitions: IR is the Consumer Price Index for the month preceding the month in which the New Rent is due to be increased. IL is the Consumer Price Index immediately preceding which this Lease was signed. by immediately the month in · d "Consumer Price Index" shall mean the Consumer Price Index pubhshe the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers for all items for the New York/Metropolitan area. or shall mean the successor thereto, In the event the Consumei' Price Index is converted to a different standard reference base or otherwise revised, the determination of new rent shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics. or if the Bureau should fai to publish the same. then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by Prentice Hall. Inc.. or any other national y recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Landlord and CTC may agree upon shall be substituted for the Consumer Price Index. and if they are unable to agree, then such matter shall be submitted to arbitration. Notwithstandin9 the provisions of this paragraph 5. CTC may. at its option, pay rent quarterly in advance. 6, OPTION TO RENEW: Provided CTC is not in default end/or breach of any of the terms and conditions of this lease. CTC shall have the option of renewing this Lease for two {2) successive periods of five (5) years, upon the same terms and conditions which were in effect during the initial term. except as Lo the rental rate which shall be asa,stated below, for the option term(s). CTC. in ~ i'ts sole discrc~tion may eleCt to:ex~ise said ren'ewal' opl~i~on{s~ a,rli!t the Lanct]lo,rd may not terminate this lease should CTC elect to exercise said renewal option{si. Option Term(s) Monthly Rent 1st The rent for the first and 2nd second option periods will be increased according to changes explained above, but in no event shall the rental be less than three thousand dollars ( $3.000. 00} per month for the first five year period and three thousand five hundred dollars ($3.500.00l per month for the second five year period. CTC shall exercise its option by giving Landlord written notice of its intention to exercise its option to renew at least sixty (60t days prior to the expiration of the initial term hereof, and if said renewal is for the successive period. CTC shall give 'to Landlord a llke written notice at [east sixty (60) days prior to the expiration of. the then current period, of its intention to renew thi~ Lease for and during the next succeedin9 period. 7. LIABILITY: CTC shall carry during the term of this Lease the following insurance with the customary coverages and exclusions and shall provide proof of. same to Landlord prior to construction, naming Landlord as an additional insured: Bodil.y. Injury - $1.000.000. for all injuries sustained by more than one person in any one occurrence. Property Damage. - $1.000.000. except for damages as a result of any one accident. -.~ 8. CONDITION OF PREMISES-: Upon termination or expiration of this Lease. CTC shall surrender the Leased Premises to Landlord in good condition (a) fore,reasonable wear and tear. or (b) for damage due to causes beyond CTC's control or without its fault or negligence~ or- {c) for-both... ~ ~ 9. WARRANTY OF TITLE AND RIGHT TO LEASE: {a) Landlord warrants that: (.i) Landlord owns the Leased Premises ~n fee simple and has rights of access thereto: (ii) Landlord has ful-I right to make shall have quiet and peaceful possession of the Leased Landlord is prepared to document its interests in the this ~ Lease; ·and (iii) CTC Premises during the term. premises. -5- (b) Landlord~ W~t'rant:s that, tl~;~ mat<lng of this le~se and the pi.~r~dtmance thereof will not v-iolal~e an3~!~' ;zoning or other laws. ordinances. rest~ctive covenants, or the provision or:;, any mortgage, lease or other agreements under which Landlord is bound and wh'ibh restricts and Landlord in any way with r~espe, ct to the use of disposition of ~,t~e premises. 10. ACCESS: Landlord~;~agrees that. from the date of execution of this Lease. it shall obtain CTC's cohsent before granting any other party any rights. or further right of acces~ to the Leased Premises. CTC agrees not to u~reasonably withhold such consent. 11. CTC's RIGHT TO VIAINTAIN SECURITY: CTC. at its cost and expense, may place, construct and maintain a fence around any equipment structure housing CTC equipment, or undertake any other appropriate means to restrict access thereto. CTC shall ensure that the Town of Southold shall have access to the structure housing its equipment as set forth herein above. 12. MAINTENANCE AND REPAIRS; UTILITIES: CTC shall perform all repairs necessary to keep its improvements on the premises and easements or other access to the premises in good and tenantable condition. Landlord shall maintain the premise, other than CTC~s 'mprovements. in good and tenantable condition and ?Pepair. CTC shall have the right to add HVAC and store sealed batteries in the equipment room or outside the building at a location mutually agreed upon by the parties, CTC, at its sole expense, shall arrange for a separately metered electrical supply and shal pay for al charges for electricity and other utilities consumed by CTC. 13. TENANT'S DEFAULT AND RICHT TO CURE: Each of the following shall be deemed a default by CTC and a breach of this Lease: [a) Non-payment of rent. including any adjustments in rental amount as required hereunder, due hereunder for a period of thirty (30) days after receipt of notice of such failure from Landlord. (b) Failure to perform any (45) days after receipt of such notice other covenant for a period of forty-five ~rom Landlord specifying ~he failure. No such failure, however, shall be deemed to exist if CTC shall have commenced good faith efforts to rectify the same within such forty-five (45) day period and provided such efforts shall be prosecuted to completion with reasonable diligence. Delay in rectifying the same shall be excused if due to causes beyond the reasonable control of CTC. (c) Any vacating or abandonment of the premises than three (3) consecutive months ~ unless ordered to do so legal authority or other cause beyond CTC's reasonable control. -6- by by CTC for more duly authorized the event of Tenants fai~'ure to. cure as set forth herein above, then and in that event the parties all all purposes terminate and that covenant and agree that this lease shall for Landlord shall be entitled the exclusive right CTC's improvements and CTC shall have interest in and to same by virtue of its of possession, use and title to 'relinqUished alt of its right title and failure to cure~ 14. ASSIGNMENT: Landlord may assign this Lease and said assignee will be responsible to CTC for the performance of all the terms and, condition o[ ~his Lease. Landlord agrees that CTC obligations under this agreement to governmental agencies to operate a corporation or other business entity may assign all rights, benefits, duties and any corporation, firm or person licensed by cellular mobile telephone system or to any which shall acquire substantially all of the assets of CTC. by giving Landlord written notice. If such assignment is made. CTC shall be relieved of all future liabilities hereunder and Landlord shall look solely to such assignee for the performance of the Agreement after assignment. 15. NOTICES: Unless otherwise provided herein, any notice of demand requ'red or permitted' to be given hereunder shall be given in writing by certified or registered mail. return receipt requested, in a sealed envelope. postage prepaid, to be effective on the second day following mailing, addressed as follows: If to Landlord: Town Attorney Town Hall 53095 Main Road P.O. Box 1179 Southold. NY 11971 With copy to: If to Tenant: CELLULAR TELEPHONE COMPANY 87 ~West Passa[c'Street Rochelle Park. NJ 07662 . . Attention: Vice-President, System Implementation With copy to: Kearns & Coyle 3540 Valley Road Liberty Corner, NJ 07938 Either party- hereto ma.y change the place for the giving notice to it by like written notice to the other. Scott L. Harris. Supervisor 16. RESERVAT ON OF, RIGHTS: CTC does hereby reserve any and all rights it may have as a lessee, under the U.S. Bankruptcy Code 11 U.S.C 101 et seq. in general,, and 11 U.S.C365 in particular. 17. SEVERABILITY: If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the remainin9 provisions shall upon the parties: and shall be enforceable as though said invalid, un_enforceable provision were not contained herein, provided, however, -7- be bindin9 illegal, or that ~? i~qVa~l'i~l, illegal or une~ifOrceable p~ovision goes to the heart of t{qJs~ 'Lease. the Lease may be terminated, by either party on ten (10) days prior written notice to the other party hereto. 18. AMENDMENT; WAIVER: No revision of this Lease shall be valid unless made in writing and signed by the General Manager or higher authority of CTC and an authorized agent of the Landlord. No provision may be waived except ,in writing signed by both parties. 19. SHORT FORM LEASE: The parties will. at any time upon request of either one. promptly execute duplicate original's of any instru~nent, in recordabl,e f:orm~ which will constitute a short form of this Lease setting forth a description of the premises, the term of this Lease and any portions hereof. excepting the rental provision. 20. BIND AND BENEFIT: All the conditions and covenants contained in this Lease shall inure to the benefit of and be binding upon the heirs. executors, administrators, successors, and permitted assignees of the parties hereto. hereto all prior offers, negotiations and Agreements. IN WITNESS WHEREOF. the parties and year first above written. 21. ENTIRE AGREEMENT: This lease and the exhibits attached constitute the entire agreement of the parties hereto and shall supersede have executed this Lease the date TOWN OF SOUTHOLD (LANDLORD) By: Scott L. Harris Title: Supervisor Town of Southold PANY By: Edward F. Weingart Title: Vice-President System Implementation -8- EXHIBIT "1" Lot Block Peconic Lane Peconic, New York / N 46° 4?..' 20"E MAR I I .qot '91 17: la~ -- / S AIq D PILE