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Home My WebLink AboutEast Marion Fire DistrictRESOLUTION - RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a lease agreement between the East Marion Fire District and the Town of Southold for the black top drJveway to the west of the East Marion Fire House and the black top parking area to the north of the East Marion Fire House, for a term of five (5) years, September 1, 1998 through August 31, 2003, at a total rent of ten ($10.00), to be paid in full upon the execution of the lease. 'GREGORY F; YAKABOSKI TOWN ATTORNEY ~ w. cocur~ Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southokl, New York 11971 Telephon~,(516):.765-1889 Fax:(516) 765-1523 OFFICE OF THE TOWN ATTORNEY TOWN OF'SOUTHOLD MEMORANDUM TO: FROM: DATE: RE: ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY JANUARY 28, 1999 AGREEMENT BETWEEN THE TOWN & EAST MARION FIRE DISTRICT For filing in the Town's Official File please find the original, fully executed copy of the lease agreement with the East Marion Fire District and a transmittal letter from William H. Price, Jr. The contract is for parking and the term of the agreement is from 911198-813112003. GFY:ck WILLIAM H. PRICE, ATTORNEY AT LAW PO BOX 2065 GREENPORT, NEW YORK 11944 TELEPHONE NLrMBER: (5to9477-1016 FgX: (516)477-0130 January 25, 1999 C_/regowF. Yakaboski, Esq. ~Southold Town Attorney ~PO Box 1179 ISouthold, ~ 11971 RE: EAST MARION FIRE DISTRICT w/TOWN OF SOUTHOLD Dear Mr. Yakaboski: Enclosed herewith please find one fully executed copy of the lease agreement with the East Marion FirffDistrict. Thank you for your courtesy and cooperation in this matter. William I-L Price, Jr. enclosure Office Location: 828 Front Street, Greenporr. New York 11944 Road, East Mar}on, New York TOWN OF SOUTHOLD, a municipal corp0rati0o of the State of New York and having its principal Place of business at 5:3095 Main ROad; Southold. New York. aa Tenant ~t~L~l~: The Landlord hereby lea~es to the Tenant the £ollowing premises: All that certain lot, parca and Piece of land situate, lying and being on the north side of New York Stat~ ROute 25, :at EaSt Marion-. N~W Yo~k, sh0Wh and~ designated on ~h~ Suffolk C~Unty T~ M~P as ~stri~ ?000~ sactjoa 31:' B:iOCk 3, Lo~ i9~ being ~e blacE~topped parking ar~a in ~: rear of~e first,us~, ~°ge~her w~'th t~e ~se 6f t~e biac~op ~" ' tg eCc~ss t~:e~et0 ~0~ RoUt~ 25." Said pr~m~se~ 6~ing shdwn 0~ :th~ ma~ a~ta~hed ~ ~ade a par~ h~re0~. ~t ~e t~t~ ~ FIVE (5) Y'~RS to~.c~mme~c~ $ro~ ~e first day ot September 19 98 and to e~d o~ ~e ~1 St day oi Augus~ 2003 ~o be ~sed. and occupied only PUBLIC PARKING total 1st. That the Tenant shall pay the ~ rent oI T E N ( $10.00 ) the execution hereof. upon the conditions and covenants £ollowing: DOLLARS to be paid in full upon That the Tenant sha!l take gOOd care o~ the premises and shall, at the Tenant's own cost and expense make all repaira and at the end or ot~e! expiration o[ the term, shall deliver up the demised premlses in good order or condition, damages by tl~e elements excepted. 3rd. That the Tenant shall promptly execute and comply with ail statutes, ordinances, tvJes, orders, regulations and require- ments of the Federal, State and Local Governments and oi any and ail their Departments and Bureau~ applicable to said premises d~Jng said term; and shall also promptly comply with and execute ail~es, orders and regulations of the New Yofk Board of Fire Underwriters, 'or any ot~er aimqer bod~, at the Tenant's own cost and expense. occupy, or permit or sneer the same fo ~e occEpled ior a=7 b~Jness or purpose deemed dJsrepntable or extra-~azardous on account oi ~re, under ~e penai~ ct damages and ~orieJtute, and ]n t~e ~ent of a breach thereoi, the ~erm herein shall ~m. medlafai~ cease a=d determlne at t~e opffo~ o~ the Landlord as ~i ~ were t~e expJta~on oi the origin] term. ~. Tenant m~st glve Landlord prompt notice of 6re, accident, damage or dangerous or defecffve condldon. H the Premises part o~ ~e Premises c~ not he use~, Tenant must pa~ rent for the usable part, Lzndlord shall have the ~ght to d~de w~ich part of the Premises is usable. L~dlord ~eed only repair t~e damaged structural parts of the Premises. Landlord Js re,red to repair or replace any equipment, 6xtures, f~rnishJngs or decorations unless originally JnstMled by Landlord. Land- lord is not responsible for delays due to settling instance claims, obtaining estimates, labor and suppI7 problems or a~ ot~et ca~e not f~ly ~nder Landlord's control Ii the 6re or ot~er casu~ ]s caused b~ an ac~ oz neglect of Tenant, Tenan~x employees or inviteex, or at t~e time the ~re or casuait~ Te~nt is ]~ dela~t ~ an~ term o~ this Lea~, the~ all repairs will be made at Tenants expense a~ Tenet must pap the ~ull rent wit~ ~no ad]umtment~ The cost ct the repairs wiH be add~ rent. Landlord has the right to demoHs~ or rebuild the Building i~ there is $ubsta~ial damage by 6re or ot~er casualS. Landlord ma~ cancel this Lease. within 30 d~s after the substantial ~re ox casuai~ bp g]vlng Tenant notice of Landloxd~ ]ntentlon to demo]i~h or rehuiId; T~e Lease will end 30 da~s a~ter Landlord's cancellatio~ notice to Tenet. Tenant mus~ deliver t~e PremMe$ to Landlord on or before the canceUation date i~ the no~'ce and pay ~1 rent due to the date o~ t~e Ere or casualty, ti the Le~e i~ c~ceHed Landlord im not requir~ to repot the Premises or Building. The cancellation does mci raiease Tenet Of :li~b~lity in ¢O~nection wit~ t~e ~te or casualty. T~s Section is intended to replace the terms o~ New Real ~ropet~ ~aw Section 227. or a herein as may ha necessar3 ?th. The Tenant a~so agrees to permit the Landlord or the Landlords a~e~s to show t~e premises to persons wJs~K to ~J~ or purchase ~e ~me; and t~e ~e~nf [~rt~e~ agrees t~at on and ~te~ ~e ~ mOnt~, ~ p~eced~E t~e expiration the te~m ~ereb~ granted~ ~e L~ndlord o~ the Land?rd's a~en~,sh~ h~ the ri~ ~o place~ noUces on ~he [ron~ o~ s~d ~. T~at if ~e said p~ses, ,or ~y p~t ~ereo~ sh~l ~ deserted ~ become vaca~ d~r~ sald ~rm, ox i~ ~ deIant~ be m~e ~= ~e payment o~ th~ $~d xe~ ox ~ part ~e~o~, b¢ Jf ~ defa~t ~e made ~ t~e pe~orm~ce o~ ~ o~ t~ cove. ~i~5~ releasing ~e orfgin~ Tcn~¢ ~o~ any liability, applying ~y ~eys co~e~d,~ ~sf ~ense o~ o~er ~Ees due ~d to g~w due ~ ~ L~ord, ~ surpl~ to be p~d to ~e ~nt, rem~n 9~, ~ndlo~ may repiner, a~ the expose o~ Te=~t, ~7 and Ml b~ken gJass in ~d ~ouf t~e dmised pzemi~e~. L~dlozd m~y i~ure, a=~ ~eep ~uzed, ~ plate glass in the demised premiae~ ~r ~d i~ ~e ~e oI Lan~o~d. ~i~,Ior the pr~mJ~s th~e~ s~l bp ~ende~ed by La~dIord to T~nant at s~ U~ as L~dlo~d may elech ~d s~l be due IrO~ ~d p~abie T~=~t when rendered, ~d the ~o~f t&e~eoz s~aH be deemed fo be, ~d be pMd a~, addJHo~I rental D~age a~ t~ sa~ premises, cause& by~ the carelessness, negligence or improper con~c~ on ~e p~ ct the smd Tenet or t~e ~ena~ 10~, T~at t~e Tenant s~l neJt~er encumber nor obstruct the sidew~ Jn front o[, entice to, o~ h~ls and st~zs o~ said premises, no~ aHem ~e same to be obstructed or chambered in an7 mannen ] 1~. T~e Tenant shah n~the~ p~ce, or ca,se or allow to be placed, an7 Mtn or siena o~ a~ ~nd wha~oever at, i= or abo~ the entrance t~ said premises or anx other part o~ ~me, except in or at ~uC~ place o~ p~a~s as ma7 be }n~caZed b~ the LanE- l~d and consented to b7 t~e L~ord ~ w~JtJnE. And in case t~e LandIerd or t~e ~nE]ord's representa~es shNI deem Jt necess~ ~o remove an7 such sJ~n or siE~ Jn order ~o paint the s~d p;emJses or t~e b~HdJnK w~ereJn s~e ~ sJt~ated or m~e~an7 ot~ez rep~rs~ aIterations or jmproveme=~ [n or Upon said praises or b~HEJnE ~r ~y pa~ ~ereo~, the LandIord s~l] ~ave t~e right to do so, provid~E t~e s~e be removed and replaced at the Landlord's expense, ;henever t~e said repots, alterations o~ J~provements s~l be compIeted. 1~. T~at the Lan~ord Js exempt ~o~ an~ an~ aH HabHJt7 for an~ dama;e or Jnj~ to perso~ or property c~seE b7 red,HuE from steam, etec~r~c~t~, gas, water, rain, ice o~ snow, or any Iea~ o; dow ~rom or Jute a~7 p~t o~ saJE building or f~om any damage o~ i~J~7 res~IHng or arises t~om any ot~e~ cause or ~appe~in~ ~a~soever unless said damage o~ injury be caused by or be dn~ to ~e ~Hgence oI t~e Landlord. [3~. T~at ~ default be made in ~y o~ ~e cove=ants herein contained, t~en it shah be lawful lot t~e smd Landlord fo e~fer~the ~d premises, and t~e same to have again, re-possess and enjoy. The saJE Te~nt flere~y expressly waives the se~ice of any notice in wrJtlng o~ intention to re-enter. 14~. That this instrument s~l not be a Hen against s~d premises in t~pect to any mortgages that are now on or that alter may be p]aced against sa~d ~emises, and that t~e recording of such mottgaEe or mortgages shah h~e preference and the term hereby granted is expressly limited accordingly. 1~* The Tenant has this day deposited with the Landlord t~e sum o~ $ ~ sec~it7 ice the t~1 ~d ~aith[~ performance b7 the Tenant o~ ~] the te~ms, cove=antx and condJt]o~ o~ tfi~s lease upon ~e Tenant's pa~ to be pe~ormed, whie said sum s~aH be ret~ned to the Tenet ~ter t~e time ~xed as the expJraEon o~ ~e ~erm herein, prowded the Tenant has .~ :]y and ~aJt~l]~ carried out aH of S~E terms, covenants a=d conditions on T~ant'~ pa~ to be performed. In the event o~ a bona ~de sale, s~b]ecf to t~is ]ease, t~e L~diord shah ~a~e the right to ~ansfer t~e sec~Jty ¢o the vendee {or the be~e~t ct the Tenant and the Landlord s~aH be considered ,re]eased b7 the Tenant from aH lfabH]t7 ~or the return o~ such security; and the Tenant agrees to Iook to t~e new Landlord soleIy ~or ~e ret~n of the said security, and it is agreed ~at ]6~ That the security deposifed ~nder this Ieee shah notlbe mortg~ed~ assigned or encumbered by the Tenant without th~ written consent of the Landlord. ] 7~. It is expressly understood and agreed that in case the demised premises shah be deserted or vacated, or if defauIt be th[s lease contained on the part of t~e Tenant to be kept and performed, or if the Tenant s~aH fall to comply ~ith ~y of the ]ea~e and the cern hereo~, on giving to the Tenant ~ve days' notice in writing of the Landlord's intention so to do, a~d originally 6xed in this lease for t.%e expiration hereof. Such noffce ~y be given bp maii to the Tenant addressed to the 18[~. Tenant shah pay to Landlord the rent or charge, whic~ m~, d~ln~ the demised term, be a~essed ox impo~ed {or the may be assessed or imposed, and will aIso pay t~e expenses for ~e sett]=E of a water meter in t~e smd premises 8~ou]d t~e suc~ rents or charges or expenses shah be paid ax addif~nal redt and s~all be added to the next month's rent thereafter to ~. T~at the Tenant will not nor will the Tenant permit ~de~enanf~ or other persons to do an~ng ~ s~d premises, or bring anything into smd premises, or permit anything to ~e b~ught into sale premises or to be kept therein, ~h~c~ wH] in ct permit ~e]r use for any business or p~tpose w~]ch would o~se ~ increase in the rate of ~re instance om sale building, 20t~. The failure o~ t~e Landlord fo insist upon a strict perfotman~ of ~7 o{ the terms, condi~'ons a~ covenants ~eteJn, shah not be deemed a waiver of any tig~ts or remedies fhat t~e Landlord may ~ve, and s~aH not be deemed a waiver of any modJ6ed, discharged or terminated orally. 21s[, If the w~ole or any part of f~e de,sad premises shah be acquired or condemned by Eminent DomMn [or an~ public ct lb~e,, th~ Ten,~t moves out or js dispossessed z~& fails to remoyp~ ~ny trade, ~xtures ox other property p~or to ~c~ s~d default, ;emog~, ex~ratlo= ot lease, or p~io~ to ~ issuance oI ~ ~ o;dex ox exec~on oI the ~r~t, then and m that event~ t~ s~d ~uxes ~d pmopexty sh~l be dee~ed ab~doned by the s~d Tenant and shall become the p~ope;ty o~ the Landlor~ ~a the event t~t the ral~ion o[ the Landlord and Tenan~ may cease or terminate by reason of the re-entry of the ove~r~ co~ned in ~s lease or b7 the e]ectment o~ the Te~an~ b7 s~mary proceedings or r&-entr~ b7 the Landlord; and ~ Tenant ezpressly ren~ r~e~ed ~d the s~h ~e~=~ o~ EeE~ency T&e Tenant waives all rigJ~ts to redeem under any law of the State of New Yo~k. ' ~ta lease, and ~e ohIigaffon o~ Tenant ~o par ren~ her~nder and' perform all ot ~e other covenan~ and ag~ee- ~n~ On pa~t o~ ~en~t to be p~o~med sh~l in nowi~ h¢ ~ed, J~palred or ex~sed because Landlord Js ~ Or is delayed ~ supp]yinK ~7 se~ice expre~]7 or implledly tO be ~ppHed or !s ~ab]~ to make, or is or ~r~s i~ L~lord iz p~ev~ or delayed ~Om So doing b~ season o~ governmental preemption in co=ec- N~tlo~al Emergencr ot ~ connection with any rule, order or ~u~affo~ o~ ~y departme~ or subdivision thereo~ ~nme~ a~e=cy or ~ r~son of ~e co~txon ~ s~pp]7 and dem~d w~c~ h~e been ox ~e aEected b7 war or No dimin=ion or abatement of rent, or other compensation, s~l be ~aimed or allowed for inconvenience or discom- any~s~h "se~]ce" $hall be deemed a cf~fruCtive evicffon. T~e Landlord sh~l not be Che T~ shah ~ot be e~tJtled to receive, an7 o[~ such "services" during any period wherein ~e L~d]ord s~l not be Hable for failure to ~ive possession of the p~ses upo~ commencement date by rea~n of the pr~iges are not ready for occ~panc~ or becanse a pHor Tenan~ or ~ other pe~on is wrongIuHr holding over or ~[~ possession, o~ ~or an~ other reaso~ The rent shaII not comme~ce until possessiom is given or is available but herein s~l ~ot be extended. It i5 further understood that the Tenant agrees that it will maintain the said parking space ~n proper order without damage to other property of the Landlord and wi,II suitab]y regulate the use thereof; that it will prohibit parking in the driveway bffCween Main Street and said parking space, erecting any signs which may be necessary for that purpose without expense to the Landlord. it is understood and agreed by and between the parties hereto that the Tenant shall include the demised premises in the Scheduled Owners, Landlords and Tenants Liability Policy of the Town of Southold. And the smd Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants a~oresald, shall and may peace£~lly and q~ietly have, hold an~ enjoy the said demised premises for the term a~ores~d, pro- vided however, t~at this covenant shah be conditioned upon the retention of title to the premises by the Landlord. ~H~ it ~ ~U~[[~ UH~r~O~ ~Hb a~C~ that the covenants and agree~nts contained in the within lease shall be binding ~pon the_part~e5 hereto ~d upon ~he~r respective ~ccessors, heirs, executors and administrators. . ~ ~E~ ~EgO~ the parties ~ave interchangeabl~ set Cheer hands and se~s (or caused these presents to be signed b~ t~ir proper corporate o~cers and caused their proper corporate se~ to be hereto ~xed) this da7 ot ~9 Signed, sealed and delivered in the presence o~ B Y_._.~._=~.~~~..k_~. ....................... L. S. TOWN OF SOUTHOLD Je~h W. Cochran, Supervisor Z_o . before me personally came to me known and ~nown to me to he the ]ndlvidua] acknowledged to me ~st he executed the same. ~o ~e ~own, who, beYng by ~e d~y s~orn, dYE depose ~d s~ that ~ ~e resYdes at ~o. the corporation mentioned in, and w~Ec~ executed, f~e Poregoinff ins~zzment; t~t ~e ~o~s ~e seal o~ s~d corpora- rich; t~a~ ~e se~ =;=~d to s~E instr~eut is s~c~ corporate se~; t~ Pt was so ~xed ~ order o~ t~e Eo~d o~ oP s~O corpo2aOon; ~d t~at ~ ~e s]~ned ~name t~ereto bp ]i~e orde~ o~ Public, State of N~w York No. 52-e125850, ~u~lk ~un~ ~ Te~ ~Jres ~ober 31, ~ ~ ~ Z ~ " I- I- UJ ~LO0 ~d ~o t~e ~de~gned b~ ~e ~[~n n~ed ~ord. ~e ~Ee~si~ed Eo ~ereb~ cove~t ~E a~ee, to ~d in t~e ~a~me~ o~ ~e re~t ~d ~e per~o~ance o~ t~e co~enan~s eout~eE J~ t~e w~n ]ease, on ~e ~en~s ~ to be p~d ~d performed, t~ut the ~dexslgned ~JI] ~elI ~d t~y ~ t~o s~d tent, or ~= due ~to t~e s~d ~ord, ~d ~so p~ ali d~ages that m~ ~Jse in co~equence coven~ts, og eYt~e~ o~ them, ~Yt~o~ xoq~ notice et ~y ~c~ de~a~t ~om t~o ~d ~o~d. ~o ~Ee~ed ~det~ed m~ be a p~. ~ ~g~g ~gO~ the undersized ha set h~d ~d se~ ~s d~ o~ WITheS ELIZABETH A~ NEVILLE TOWN CLERK REGISTRAR OF V/TAL STATISTICS NIARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORA{ATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTI-tOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (516~ 765-1823 Telephone (516) 765-1800 TO: FROM: RE: GREG YAKABOSKI.TOWN ATTORNEY BETTY NEVILLE. TOWN CLERK AGREEMENT BETWEEN EAST MARION FIRE DISTRICT TOWN OF SOUTHOLD DATE: NOVEMBER 12, 1998 AT THE REQUEST OF HIGHWAY SUPERINTENDENT RAY JACOBS, I AM FORWARDING A COPY OF THE EXPIRED LEASE AGREEMENT BETWEEN THE EAST MARION FIRE DISTRICT AND THE TOWN OF SOUTHOLD. I HAVE PLACED IT ON THE AGENDA FOR NOVEMBER 24, 1998 AS RESOLUTION NUMBER ONE. PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. RAY SAYS THAT IT IS IMPERATIVE THAT THIS rVIATTER BE TAKEN CARE OF AS SOON AS POSSIBLE. IF THERE IS ANYTHING FURTHER THAT YOU NEED FROM ME, PLEASE LET ME KNOW. I SHALL AWAIT YOUR PROMPT ATTENTION TO THIS MATTER. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STA'IISTICS MARRIAGE OFFICER ~RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 24. 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a lease agreement between the East Marion Fire District and Town of Southold for the black top driveway to the west of the East Marion Fire House and the black top parking area to the north of the East Marion Fire House, for a term of five (5) years, September I, 1993 through August 31, 1998, at a total rent of ten ($10.00) dollars, to be paid in full upon the execution of the lease. Southold Town Clerk August 25, 1993 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL 5'I'A//ST1CS MiM?aqI~G E OFFICER RIgCORDS~MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-I823 Telephone (516) 765:1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 9, 1993 Board of Commissioners East,Marion Fire District Main Road East Marion, New York 11939 Gentlemen: Transmitted herewith ~s a new five (5) year lease, September 1, 1993 through August 31, 1998, for the black top drive and parking area at the East Marion Fire House. Also enclosed is a check in the amount of $10.00 in payment of the lease. Please sign both copies' of the lease on page 3,;and return-the.original (marked "Town") to me in the enclosed self-addressed, stamped envelope. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (3) cc: Supt. of Highways Jacobs Neville, Elizabeth From; Sent: To: Subject: Montefusco, Lori Saturday, May 14, 2005 5:10 PM Neville, Elizabeth East Marion Fire District Lease Agreement Betty, In March you forwarded our office a lease between the Town and the East Marion Fire District regarding renewal of a lease for the parking areas. Please be advised that as per Josh, we are not renewing this lease, and several others that involve parking lots. Thanks-- Lori