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Home My WebLink AboutFI Ferry DistrictTHIS ARGEEMENT between the FISHERS ISLAND FERRY DISTRICT, a district created under the laws of the State of New York, having its principal place of business at Fishers Island, Town of Southold, Suffolk County, New York, as Landlord, and the FISHERS ISLAND ~NION FREE SCHOOL DISTRICT NO. 4, a school district of the State of New York, having its office at Fishers Island, Town of Southeld, Suffolk Count~, New Ydrk, ~s Tenant. land p~int The a~ are~ Landlord hereby leases to ~he Tenant the All plot, piece or p~rcel Southold, Suffolk by Whistler the Fishers by other land of and Westerly by · t a ses being and made a from the ~e tenant ~o~ ~he c~n~t~o~s ~nd cover~nts 1st. Tbs{ ~the Tenant shall pay the annual rent of ONE ($!1.00) DOLLAR, receipt of which is hereby acknowledged. 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make all repairs and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and ko any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, upon, or connected with said premises during said term. 4th. That the Tenant shall not assign this agreement, or underlet or underlease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or occupy, or permit or suffer the same to be occupied for any purpose deemed disreputable or extra- hazardous, under the penalty of damages and forfeiture, and in the event of a breac~ thereof, the term herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 5th. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien in this lease, irrespective of the date of recording and the Tenant agrees to execute any such instrument without c~st, which may be deemed necessary or desirable to further effect ~he subordination of this lease to any such mortgage or mortg~es. A refusal to execute such instru~ment shall entitle the L~%gdlord, or the Landlord's assigns and legal re~resen~a~i~e~ to the option of c~anpell~ng t~s lease Wit~9~t ~nc-u~r~ng ~ny expense o~ d~ ~d ~e te.~ hereb~ 6th. It is expressly u~derstood and agreed that in case the demls~d premises Shall be deserted or vacated, or if default be m&~e in t~ payment ~' the rent or any part t~ereof as her~n specified~ Or if, without the consent of the Lan~grd, th~ Tenant shal~ sell, assign, or mortgage this ieas~Sior if a~faUlt~ be made i!n the performance of any of the cove~ts and a~reements in ~is lease oontained on the part of t~$~ T~nant to b% kept and performed, or if the Tenant sbat~-fa'~i to ~omp~lv with any of the s~atutes, ordinances, rule~ regulations and req. uil~ements of the Federal, State a~ A~cad Governmentg or Of any and all their Departments an~ Sureaus, applicable t~ said premises, or if the Tenant sbal~ file or'~e?e be fi~ed a~aiqst T~ant a petition in b~Dk~p~Cy or arr~ngemen~ or Tenant b~ adjudicat.ed a b~Dk~pt or make an~assxg~en~ fo~ t~ benefit of creditors or. t~e advantage~ ~ of an~ insolvency.act, the Landlord may,. zf t~ Landlord so elects, at any t~m~ thereafter termmnate th~s lIease and the term hereof, on g~ing the Tenant five (05) ~ays' notice in writing of the Landlord's intention sot to do, and this lea~e and the term h~Peof shall expire and come ~o an end on the date fixed in s~ch notice as if the said date were the date originally fixed in this lease for the expiration hereof. Sdch notice m~y b~ ~i~en by mail %o the ~enant. 7th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or reme~i'~es that the landlord may have, and shall not be deemed a wai~er of any subsequent breach or default in the terms, cond{~ions~ and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 8th. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quas~ public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting ~n such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of Said lease. No part of any award shall belong to the Tenant. 9th. If afte~ default in payment or rent or violatio'n of ~ny other provision of this lease, or upon the expiration of this lease, the Tenant vacates or is dispossessed and fails to remo~e property przor to such said defanlt, removal, ~piration of lease, or prior to the issuance to the final o~rder or ~xecution of the warrant, then and in that event, said property shall he deemed abandoned by the said Tenant a~d~sbaJ6t b~come the property of the Landlord. loth. It is understood and agreed by the parties hereto that said lease is subject to the following 6onditions, to wit: 1. That no buildings or other permanent structures shall be erected or placed upon the premises by the Tenant. 2. That the tenant shall procure and keep in force during the term hereof and any renewals and extensions hereof public liability insurance policies in the amo.unt of not les~s than $500,000 with respect to bodily injury to any one person and 31,000,000 with respect to bodily injury in any one incident and ~80,000 with respect to property damage. Sa£~ policies shall name the Landlord, the Tenant, and the Town of Southold as ~amed insureds. A certificate of such insurance shall be filed with landlord. 3. Tha~ this lease shall not become effective until the same is approved by the Federal Avia%ion Agency and Town Board of the Town of Southold. 4. That this lease may be terminated by either party upon thirty 30 days' written notice to the other party. 5. That the'term of this lease shall be automatically extended for success, lye one~ year terms, upon the same terms and conditions as he,rein provided, unless either party hereto gives written notice to the other party not less than sixty (60) days prio.r to the expiration of the then existing term that the term o~f this lease shall not be so extended. 6. That the tenant shal.1 install a~d maintain during the term hereof, and any extensions thereof, a snow fence or equal type fence along the ~ire southerly and westerly boundaries of the leased premises to prevent the inadvertent entry of persons onto other portions of t~e landlord's proper~y. 7. That no facilities shall be placed upon the leased premises until the specific l~you% of such facilities has been approved in writing by the landlord and by the Federal Aviation Administration. 8. That the Landlord does hereby expressly reserve and retain the right to prevent the use of the leased premises for purposes which~will create or result in a hazard to flight such as, but no~t limited to, purposes which will produce electrical interference with radio communications, (2) make it difficult for pilots to distinguish between airport ligh~ts and other lights, (3) project glare in the eyes of the pilots, ~4) impair visibility in the vicinity of the Fishers Island Airport, or {5) otherwise endanger the landing, taking-off and maneuvering of aircraft.. 9. That the landlord does hereby reserve and retain the right for the unobstructed passage of all airaraft in the airspace above the leased premises, together with the right to c~use in said airspace such noise and other effects as may be inherent in the ope~ration of aircraft, now known, or hereaf~,er ~s~d for navigation or flight in air. ~nd the said Landlord doth co~venant that %he said Tenant on paying the s~i~ y~a~rly rent, an~ l~erforming the coveaantS~ aforesaid, s~a~l ~n~, may peacefully a~d quietly hawe~ hold and en3oy the sazd demzsed premm~es for the term aforesazd, p~0~i~ed howev~r~ that this ce~ena~t shall he conditioned upon the ret&~ntion of title bO the p~emlses by the Landlord. AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. IN WITNESS set their hands Signed, sealed and delivered in the / WHEREOF, the parties have interchangea~ and seals this ~,~day F IS~ER~ ISLAND/~E~RY DISTRICT ~ FISHERS ISLAND U~ION FREE SCHOOL DI STRIC~~