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HomeMy WebLinkAboutFI Garbage & RefuseBETWEEN 'FISHERS ISLAND GARBAGE AND REFUSE' DiSTRiCT, a district corporation of the Sta~e of New York, having its principal office at Fishers Island, New York as Landlord iand residing at RUSSELL HEATH, as Tenant to thc Tenant the following premises: A parcel of land ft,' Of lar~d together with three bui dings located i4 & ~8) located at Fishers Island, Town ~f South0 d~ uffolk County, York, y bo~nd~ ~s follows: No~thedy by land of Jose 75~.feet; Eas~erly b~ ~px L~lS0feet; S0utber~y by ot~er land of land'[~ ~ly~ by other I~ds Of the Jandlbrd 150' feel; Five (5) years to coaraence from the 1st day o~ April 31st da,7 o£ March ,. ,~ 19,85- and to end on the 19 90 to be used and occupied on1¥ for upon the conditions and covenants £~llowing: 1st. That, the Tenant shall pay the.a~n~ rez~ oi FiVE HUNDRED {$$00o00) DOLLARS to be paid on October in each year during the term hereof. - 1la) If the Landlord offers the leased premises for rental uses, at the expiration of the within lease, the Tenant herein shall have the right to lease the within premises on the same terms and conditions as Offered by a bona fide Tenant, 2nd. That the Tenant sh~l ta~e good care o~e premises and s~all, at the Tena~'s own cost and expense make all repairs to the buildings. The Tenant', upon approval of the Landlord, may credit all o~ a portion of the cost of. repairs against the payment of rents and at the ~d, or other *expiration o~ the term, sh~eHver up the demJsed premJsez Jn Kood order or condition, damages 3~. T~at tile Tenant sh~l promptly execute ~d compl7 with aH statutes, ordinances, r~es, orders, regulations and zeq~re- ments o[ the Federal, State and Local Governments a=d ol any and all ~e]r Departments and Bureaus applicable to said premises E~ing s~d term; and shall also prompt]~ compl~ w~th and execute ~ rules, ordeYs and regulations ot the New York Bo~d oi Fire ~nde~rJters, or a~ ot~er slml]ar ~od~, at the Tenant's own cost and expense. ~. T~t the Tenant, successors, ~alrs,,:~ec~ors or admi~strators sh~l not ~s]En this agreement, ,or ~derlet or under* occupy, o~ permit dr s~er the same to be occupied ior a~y b~ness or p~po~e deemed disreputable or extra-hazardous on account o~ ~e, ~der the pe~lt7 o[ damages ~d iorielture, and in f~e event o[ a breach thereoi, t~e term ~eraln ~haH mediately cease and determine at the option o~ t~e L~dlord as ff Jt were t~e exp~r~flon ot t~e original term. ~. Tenant must dive Landlord prompt notx ce oi ~r¢, ~c~de~t, d~age or danEerous or defec~ve condition. ~i t~e Premi$e~ part of the Premises c~ not be Esed, Tenan~ must pay rent ior the ~xable pa~. L~dlord shall have the fleet to d~ide w~ch part of the Premises is ~sable. L~dlord need o~ly repair the damag~ structurM par~ oi ~he Premise~. Landlord is required to rep~r or replace any equipment, Extureg, t~rni~i~gs or decorations unless orig]~all7 Jast~l~ b~ Landlord. Land- lord is nde responsible for delays d¢e to se~IinK insurance claims, obtaining esffmates labor anti, supply problems or ~ ca~e ~ot i~ly under Landlord's co=~ol, the ~re or casualtF Te~nt [s in dela~t i~ any term oi this Lea~, then all repairs wHl be made at Ten~s expense a~ Tenant must pa~ the iull r~t wit~ no adfustment. T~e cost oi the repalr~ w~]l be add~ re~t, Landlord ~a$ the r~ht to demolish or rebuild the B~ldi~g ff there ]s subst~tial damage by ~re or other Landlord may cancel this Lease wit~i~ 30 days after the ~bstanEM ~re or ca~ual~ by giving Te~t notice of Landlord's intention tO demolls~ or rebuild. The Lease will end 30 days after L~dlord~ cancellatio~ notice to Tenet. Tenant deliver the Premises to L~dlord o= or before the cancellation date in the notice and pay ~1 rent due to the date ~[ the Ere or casualty. Ii the Lease is c~celled Landlord is ~ot requir~ ~o rep~r the Premises or Buildi=g, The cancellation does nog reIease Tena=t o[ liability i~ connection with the ~re or casualty. This Section ix i~tend~ to replace t~e terms o[ ~ Real Prop~ Law Sectron 227, 6t]1. The said Tenant agrees that the said Landlord and the Landlord's agents and other representatives sbal! ha~e the right to enter into and upon said premises, or an~ part ~hereo[, af ~I reasonable ho~s ~or the p~pose of exam~u~ ~e sam~ or deS~en¢7. 9~. L~d]ord may replace, at the expense of Tenant, ~y and ~l broken glass in and about ~e demised premises. L~dlord ~0~ T~at the Tenant s~ll neither encumber nor obstruct the sidewalk in [font of, entr~ce to, or h~ls and stairs o~ ] ]~ The Tenant sh~I neither place, or cause or ~Iow to be placed, ~y sign or s~gns o~ any ~nd whatsoever at. in or about s~a~I h~e the right to do so, providing the same ~e removed and replaced at t~e La~dJord's expense, ~henevex the 13~ That ~ defa~t be made in an~ o~ the covenants herein contained, then it shah be ]awt~ toy the' sale Landlord to 17~. Ii ]s expre~ly understood and agreed t~af ]n ease f~e demised premises s~]] be deserted or vacated, or [f defa~f 2~r~ ~ ~he event that ~e rent,on o~ ~e Landlord and Tenant ma~ cease or term]mate b~ reason o~ the re~entrp o~ the La~dlord~under ~e ~erms and covenants contained ~n this ~ease or by the ejectment o~ the Tenant by summar7 proceedings or olhtrwJse or a~c'r t~:e ¢~b~u;do~)m~:~t of l!~e premises fl, p ~e Ten,t, it iS ~reb~ agreed .~at ~e Tenet s~aH r~m~n liable r~ ~9ll~c~d ~ ceceiv~, i~ an~p ~h~e ~a~ord dunng ~be reminder rem,dnd.},'o[ zhe u~ext'ice:i t~,tm, ;.~ gq, a" ou:'ts of ~ diEerence or[d~c~'Sg~i,~m .H::;e ~o t~r:w':l,e ,'zsccrrai:u.d: ,'u:d in ~ '~; ~io; 'i r ~ ' ' fir1 or ~ m ~ 'lalr '~'o' h~ by either oboe 2~. T~s lease a~ ~o obHg~ion o[ Tenant to pa7 r~t hereunder and pedorm MI of the ot~r c~ena~ and ~tee- ment~ ~e~e~d~r o~ ~ of T~t ~o be performed shall m nowxse be a~ected. ~mpa~red or exceed became ~a~dtord equipment or'~res ff ~d)o~ is prevented or delayed [rom so doing by reason af go~ernmentaI preemption in connec- other emergenc~. Io~ arisJng [rom the making o~ repairs or improvements to the b~Iding or ~r impIiedly.~greed to be ~urnished by the Landlord to the Tenant, it is agreed,~fiat tfl~e sbMl be no diminution or',ab~tement such i~ter~p~'on or curtailment ot any s~ch "service" shalt be deemed a constructive ~ction. .The Landlord shah not be re4~ired ~o ~rMsh, and the Te~nt s~H not be entitled to receive, any of s~ch se~ices during any perlo~ ~fiereln the of ~aki~ o~ ~epalrs i~rovements or decorations to the demised premises after the date above ~xed for the co~nen~e~ent ~. ~ord shall not be liable for failare to give possession oI the,premises upo~ commencement date by reason ot the the texm herein ',shall mot be extendS. 28th. The Tenant shall pay any and all charges for water, sewer, electric, telephone and ali o[her uhhtms wRh~respect to the :demised premises. 29th. Notwithstanding ~ny other provision her~f, the landlord ceserves the right to use the exis~n9 ¢oadway 12 feet in width extending westerly from Fox Avenue between building 151 and 54'. ~: 30~h. The tenant, duri~.~he term hereof, shall provide Public Liability Insurance with: limits of not less than $~0~000. bodily injury and $100,000. property damagel Which policies sha na~e the andlord~ as an additional named insured. Certificates of such insurance shall,~e ~le~ with the landlord. 31st. This lease agreement"shall not become effective until approved by the Town Board of the T~n of Southold~ And the said Landlord doth covenant that the said Tenant on paymg the smd yearly rent, and performing the covenants aforesaid, shah and may peace£ully and quietly have, hold and, enjoy the said demised premises for the term aforesaid, pro- vided however, that this covenant shMl be conditioned upon the retention of title to the premises bF the Landlord. ~[~1 ~*t i~ ~UtU~[[~ U~E~O~ a~ a~gg~ that the covenants and agteemems contained in the wltMn lease shall be binding upon the pa~ies hereto a~d upon their respective succqfsots, heirs, execatots and admiMstrators. signed b~ their proper corporate o~¢ers ~d ca.ed their proper corporate scm day of /ri o~I Signed, sealed and delivered in the presence of FISHERS ISLAND GARBAGE AND REFUSE DISTRICT r.,. $. .~e~t g. Dawson, Go.m, ' < Russell n&[h ~rs. Terry: Enclosed is a copy of t a lease be%ween the Distric and ~nT. Russell Heath, Will you please submit this for the approval of th Twon Board? Thank you, A..D.Dawson,Comm 'o.~ ;~ gap.tsaz ar[ ;~q; &e~ pue asodap p.tp 'uzoats ~'lnp a~ Eq ~laq 'qtt~ '~o~ a~z o; JUDITH T. TE RPcY TOWN CLERK REGISTRAR OF VITAL STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 8. 1985. Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Albert,D. Dawson, Commissioner Fishers, Island Garbage and Refuse District Fishers Island, New York' 06:390 Dear Mr. Dawson: The Southold Town Board at their regular meeting held on May 7. '1985 authoriz~(d the Board of Commissioners of the Fishers Island Garbage and Refuse District to enter into a Lease Agreement with Russell Heath, for a parcel of land comprising approximately 11,250 sq. ff. of land, together with three buildings located thereon (designated buildings 151, 5~ &--68) located at Fishers Island, generally bounded as follows: north- erly by land of Jose Rodriguez 75 feet; easterly by Fox Lane 150 feet; Southerly by other land of landlord 75 feet and westerly by other lands of the landlord 150 feet; for a term of five years, commencing on the 1st day of April, :1985 and ending on the 31st day of March, 1990, at an annual rent of $500.00 dollars to be pai'd in October in each year during the term of the lease, Very truly yours3 Southold Town Clerk BETF/EEN Ftr~SHERS 'ISLAND REFUSE DISTR4GT, a district corporation of the State ! of .cipal office at Fishers Island, New York .- ' ' as Tenant T~e ,La~d]p~ ~ereb~eA~es to t~e Te~ tae foHo~ng premjses: The underground H~'~,!;~nsi's~l;~9~':o~ th~n~ed' ~eas; an entrance way 10' x ~3', a la~ ;. storao · and a s~aff~ sto~ge.~ ar~ 12 x ~7', together, w~th a right .°f ~a~ between ~d 154 ~xia~}~'~ifrom the lea~premi~es to Fox Argue, - ' £or the ~erm~o£ FIVE ~ ('5) ,Years [ to commence from t/~e '. 15th ~ 1 ~th day of .SelStember 19 85 and to. end on the ~" 19 90 to be used and occupzed only upon the conditions and covenants following: lSl. ThattheTena~tshallpa~thea~nualre~r~oi $;360.00 t.obe paid as ,follows: The sum of.$180,00 on September 15, 1985 and a like sum Of $I80~00 s~niannuall¥ thereafter durin9 the ta~m hereof, i - 1 (a] If the Landlord offers +.he leased premises for renta! uses, at the expiration of the within lease, the Tenant herein shall have the right to lease the within premises on the same terms and conditions as offered by a bona fide Tenant. 2nd. That the Tenant shall take good care ol tie'premises and shall, at the Tenant's own cost and expense ma]~e all repairs and at the end or other expiration o~ tie term, shall deliver up the demised premises in good o~der or condition, damages by 3~. T~at t~e ~enant s~J promptI~ execute ~d compI7 wJt~ aII statuzes, ordnances, r~es, orders~ retentions and req~re- meats of the Federal, State ~d Local Governments ~d Off any and all t~eir Departments and ~ureaus applicable to said ~. Tint the Tenant, successors, ~alrs, execntors or administrators shMl not assign this agreement, or ~derlet or under- ~art of' the Premis~ is ~sable. L~dlord need only Ye~ir the dam~ ~ruct~al parts 'o~ the Premises L~dlo~d is not ~qu~red to repair or replace any ~uipment, ~zt~es, ~urnis~ngs or decorations unIess orJEinally Jnst~led bp ~andlord ~and- ~ndloYd ~ t~e right to demOJis~ or robbed the ~uiidlng ~[ there is s~bstantial damage by ~r; or other casualty. c~sual~. ~[ ~e ~ease ;is c~cell~ ~dlbrd is not ~eq~ir~ ~o ~epm~ the Premises or ~uilding. The cancellation does no~ r~]ease Ten~ of liabiHt7 ~n connection w[t~ the 6re or casualty This Section Js intended to replace the terms of f '~a!pl!nq p!~ ua aau~Jns~ a~j to a;e~ ag; u! os~a~ou.t ~ a~n~a plno~t ~a!g~ asod~nd ~o ~sauisnq ~a~ ~o1 ash ~?~ ;~m~ad ~o · pzolp~e~ ~q~ ]o a~u~li~a~ oq~ o~ anp aq ~o ~q p~neo oq deta~t, re~v~, exp~ratloa o! /ease, o[~ ~r~oe to th~ce o~al order et executmn O~ the wm~, t~¢n' a~ m that event, the sa~d ~es a~ propett~l bo deemed abandoned ~y ~he s~d Tenant and s~H become the property o! th~ 23r& in ~e'eVenf that the !elation et ~e L~dlord and Tenant my cease oz terminate by _reason et the re-entry of the ~7 the Te~a~, it sh~l rm::ainder el th'~ t:n,~x,:U¢'d .re.'.:::, a.; t~:~ a '.:ts of .~z.'ch di:?tre.aee er The ~enaut waives ail~ rights ~o redeem under any law o~ the ~te ~ ~e~ Yeti. ,. and ~e ohli~tion of Tenant to pa~ rent he.under and pezto~ aH of the other covenants and agree- be performed sh~l i; ~owise be a~ecteff, impMred or excused because LandIord is b~ r~ason o~ ~o condltio~ et supply ~d demand wfiich; have bee= or are ~ected b~ w~ or or abatement ot'reut, or other compensation, ~hail he clalmed or aiIowed tor inconvenience or discom- ~o the hr~Iding or .tO its appliances, nor for any spa~e taken to comply to be'~nishod by the Landlord to the Tenant, it is agreed t~t there shMl be no diminution or abatement ~ch "se~ice'" shah ha deemed a con~ruc~'ve evi~ion. The L~dlord shail not be 28,th. The Tenant shall pay any and all charges for water, sewer, electric, telephone and all other ~tilities wi~h respect to the demis~ premises. 29th. The tenant, during the term hereof, shall provide Public Liability Insurance with limits of not less than $500.00 bodily injury and $100,000.00 property damage, which policies shall name the Landlord, as an additional named insured. Certificates of such insurance shall be filed with the Landlord. 30th. T, his ,lease agreement shall not become effective until approved by the Town Board of the Town of Southold. And the said Landlord doth covenant that the said Tenant on paying the said yeaH7 rent. and performing the covenants aloresaid, thalI and may peace£uIly and q~ietly have, hoId an~ enjoy the said demised premises tot the term ~otesMd, pro- vided howecer, that t~'s coven~t shall be conditioned upon the retention o~ title to the premises by the Landlord. ~nb it i~ mutuaIlp un~er~too~ anb agree~ ~at the covenan~ and agreements contained in the within lease sh~l be binding upon the parties hereto and upon thait respective successors, heirs, executors and administrators. ~* ~tEgg~ ~g~gO[~ the pa~es have interc~ngeab]~ set their hands and seals (or ca~ed these ~resents to be signed by their~opfr Forporate o~cers ~d ca~ed their proper corporate se~ to be hereto ~xed) t~s ~ ~ Signed, sealed and delivered in the presence o~ Approved: TOWN BOARD OF THE TOWN OF SOUTHOLD ~, .~/ FISHERS ISLAND GARBAGE AND REFUSE DISTRICT By ~J~_~c.~.'V~ ' ~ '~ -e.rod;oo pies ]o leas ar[~t smou~ ar[ .~,r~ :~uamn:~;$ct! ~=.~o~.ro.; a~l; 'pa~noaxa r[o.rq~ pge 'u! pa=o~!~r~awt rzoi~;od,roo · o~ ~ sap!;az ar[ ;;r[; Ers prre asodap pip a~;o ,~HeUoszad a~ azoiac1 · 6~ · am=~ ar[; pa;noaxa aq ~ ;~z o; OFFICE,OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1801 October 11, 1985 Robert W. Tasker, Esq. Southold Town Attorney 425 Main Street Greenport, New York 1194~ Re: Fishers Island Garbage District Lease Dear Bob: Enclosed herewith'are two lease agreements from Fishers Island Garbage and Refuse District to Royal Painting Co. covering, property at Fishers Island, New York, approved on behalf of the Town of Southold by Supervisor Murphy, all in accordance with resolution of the Town Board dated October 8,1985. I have retained one copy for my records as per your instructions. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (2) ROBERT W, TASKER Town Attorney OFFIC~ TELEPHONE (516),47%1400 {)CT 71 85 425 ~dAIN ST. GREENPORT, L.I., NEW YORK 11944 September 30, 1985 Hon. Judith T. Terry Town Clerk Town of S0uthold Main Road $outhold, New York 11971 Re: Fishers Island Garbage District Lease Dear Judy: Enclosed herewith, in triplicate, is an executed lease from Fishers Island Garbage and Refuse District to Royal Painting Co. covering property at Fishers Island, New York. You will note that the lease ~s subject to the approval of the Town Board. I would suggest that this matte~, by put on the agenda for the next Town Board. meeting. After a resolution has been adopted, please have the Supervisor execute all 'three copies and return two copies to me for transmittal to the Fishers Island Garbage and Refuse District and retain one copy for your records. Yours very truly, ROBERT W. TASKER RWT :aa enc.