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Home My WebLink AboutCutchco CorpLICENSE AGREEMENT 15th day of October. 1996 by and between CUTCHCO CORP., a New York corporation with offices at 275 Broad Hollow Road, Melville, New York 11947, "Owner,, and the Town of Southold, as municipal corporation with offices at 53095 Main Road, Southold, New York 11971, "Licensee,. WHEREAS, Owner is the owner of certain real property located s/w corner Youngs Avenue and Travelers Street, Southold, New York, "ProPerty"; and WHEREAS, Owner has agreed to grant the licensee a revokable non-exclusive license to utilize a portion of the Property as a bus stop and parking area on the terms and conditions set forth herein; and WHEREAS, Licensee has agreed to accept the license to utilize a portion of the Property on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the promises set forth herein, the parties mutually agree as follows: 1. GRANT OF LICENSE: Owner hereby grants Licensee a non-exclusive revokable license, "License", to utilize the portion of the Property shown on Survey annexed hereto and incorporated herein as Exhibit A, "Premises", as a bus stop and parking area in the hamlet of Southold on the terms and conditions set forth herein. 2. TERM: The License is revokable by the Owner upon ~ive'{5) days notice to Licensee in the event of any breach of this Agreement or upon sixty (60) days notice to Licensee in anY other event. The Licensee may surrender the License upon sixty (60) days notice to Owner or up,on such lesser period of notice as Owner may approve. 3. MAINTENANCE: Licensee shall, during the term of the Lease, maintain the Premises and perform all necessary repairs thereto at its sole cost and expense. Licensee shall also perform snow removal for the Premises as and when needed to keep the Premises clear. 4. IMPROVEMENTS: Licensee shall no~ make any improvements or alterations to the Premises (other than its obligations under paragraph 3 hereof) without the prior written consent of Owner. Any such improvement shall thereupon become a part of the Premises and the property of Owner. 5. OTHER USE: Licensee's use of the Premises is subject to the use of Sunrise Busses, Inc. to park its busses thereon, which use shall not be disturbed by Licensee. Owner shall have the riqht to grant other non- exclusive licenses for the Premises, so long disturb the use of LiQensee. 6. LICENSE FEE: Licensee license fee for each year of the as they do not shall pay to Owner as a license or part thereof an amount equal to the real estate taxes payable with respect to the Property. Such payment shall be due on December 1 of 2 each year and shall cover the period December 1 through the Succeeding November 30. Simultaneously with the execution of this Agreement, Licensee shall pay to Owner the pro-rated portion of such fee for the period from the execution hereof to December 1, i996. 7. INSURANCE: The Licensee shall also, at its cost and expense, during th~ term of this License, keep the ~remises insured against claims for personal injuries or property damage under a policy of general public liability insurance with limits of at least $2,000,000 for accident or injury to persons, and $500,000 property damage. S~ch policy shall cover the Premises as well as all obligations of the Licensee in the conduct of its business and in the making of all alterations and repairs. The insurance shall be issued by financially responsible insurers, duly authorized to do business in the State of New York. The policy shall be obtained by Licensee and the originals thereof delivered to Owner upon the commencement of the term hereof wi~h evidence by stamping or otherwise of payment of the premiums thereon. The policy shall provide for ten (10) day notice to Owner of cancellation for any reason. 8. INDEMNIFICATION: Licensee will indemnify and save harmless the Owner against any and all claims, debts, demands, obligations, suits~ liabilities~ costs, expenses, damages, and attorney's fees, which may be made, asserted, or imposed against the OWner or agains~ the Owner's title in the Premises, arising out of, or in connection with, 3 Licensee's use and occupancy of the Premises or any alleged act or omission of the Licensee or any person claiming under~ by or through the Licensee or any damage claimed by any person or entity utilizing the Premises in connection with the License~ and if it becomes necessary for the Owner to ~efend any action seeking to impose any such liability, the Licensee will pay the Owner all costs of court and attorney's fees incurred by the Owner in effecting such defense in addition to any other sums which the Owner may be called upon to pay by reason of the entry of a judgment against the Owner in the litigation in which such claim is asserted. 9. MISCELLANEOUS: This Agreement entire understanding of the parties with subject matter hereof. No modification, expresses the respect to the amendment, or termination hereof shall be valid unless in writing and no waiver of any provision hereof shall be valid unless in writing. In any action arising hereunder the parties mutually waive trial by jury. In any action arising out of breach of this Agreement by Licensee or a failure to vacate the Premises upon termination of the Licensee the Owner, if successful, shall be entitled to fees. This agreement shall be successors and assigns, provided, not assign its right hereunder. its reasonable attorney's binding upon the parties however, that Licensee may All notices hereunder shall be given by personal delivery or by certified mail, return receipt requested and shall be deemed given upon receipt. CUTC~CO CORP. TOWN OF S(~UT~OLD N.at?.e:~ Jean ~. Cochran Title: S~pervisor STATE OF NEW YORK ) ) ss.: C0 TY 0F S FFO ) ~On this~day of~E_ ~ 199~, before me personally came/D~k'~~ , to me known, who, being~by me d~ sw~or~, !~d depose and sa~ th~he r~sides at~7~'~3~ ~,~0~ , the corporation--~=~desc~ibed in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrumen~ is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like o~der. ~ Notary Public STATE OF NEW YORK ) . ~DR~ANA~ADAMO ) SS ·: NO~ Pubhc, State ~f New ~ No 01DA5~47 _ COUNTY OF SUFFOLK ) . QualifiedmSuffotkCounty /~//'~ Corniness on Expires September 5 /-! [ / On this tS~h day of October , 199~, before me personally came Jean W. Cochran , to me known, who, being by me duly sworn, did depose and say that~e resides at Boisseau Ave., Southold, NY , that ~e is the Supervisor of the Town of Southold , the corporation described in, and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that ~e signed h~s name thereto by like order. Een \ ~ownaEre 5 % NORTH FORK BANK_.~.- October 29, 1996 Mrs. Judith T. Terry Southold Town Clerk~ Town of Southold P.O. Box 1179 · ~ Southold, N.Y. 11971 Dear Judy: RECE!¥~D ~ ~ 1996 Town Enclosed, ~lease find an original copy of the "License Agreement" dated Obtober 15, 1996, between Cutchco Corp. and Town of Southold. I will point out the last page of the Agreement which is a copy of the property's survey. It has been highlighted to show that p~rt, with the exception of a 25' "RightToPass Over", whi~hii~ inctuded~na~his_Agreement. I believe that all is now in order relative to this Agreement. Please feel free to contact me at any time if you have any additional questions. WJK/rk enclosure ~Jr. Vice President JUDITH T. TERRY TOV~N CLERK RE GISTILI_R OF VITAL STATISTICS IViARRIAGE OFFICER .. ECO S o mcER fJ~EEDOt~I OF INFOR~ON OFFICER Town Hall, 53095 Main Road P.O. ]~ox 1179 Southold, New York 11971 Fax (516) 766-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTI-IOLD October 16, 1986 Walter Krupski North Fork Bank Main Road Southotd, New York 11971 Dear Walter: Enclosed is the executed License Agreement for the property at the southwest corner of Youngs Avenue and Traveler Street, Southold. Please return one copy to me once it has been executed. Thank you. Very truly yours, Southold Town Clerk cc: Accounting & Finance Supt. of Highways Jacobs JUDITH T. 'I'EU, RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER '.RECORDS MANAGEMEN~ OFFICER ~REEDOM O1® I'~OR/VIATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 OCTOBER 15. 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. ~Cochran to execute a License Agreement between Cutchco Corp. and the Town for a non-exclusive revokable license to utilize a portion of the property at the southwest corner of Youngs Avenue and Traveler Street, Southotd, as a bus stop and parking area, at a license fee for each year the amount equal to the real estate taxes payable with respect to the property; said License Agreement all in accordance with the approval of the Town Attorney. October 16, 1996