HomeMy WebLinkAboutGiosasi, Harry & Heidi ELIZABETH A~ NEVILLE
TOWN CLERK
REGISTI~kR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 631 765-6145
Telephone (631) 765-1800
southoldtown.nor~hfork.ne~
OFF, ICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT TIIE FOLLOWING RESOLUTION NO. 598 OF 2002
WAS ADOPTED AT THE-REGULAR iVIEET1NG OF'THE SOUTHOLD TOWN BOARD
ON SEPTEMBER I0, 2002:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y, ttorton to execute a lease agreement between Harry Giosasi and
Iteidi Giosasi and the Town of Southold for the municipal parking lot on the north side of
NYS Route 25, Southold~ for the term of four (4) years, with the terms of annual rent as
follows: May 1.2002 through April 20, 2003 at ~300.00 per month; May 1, 2003 through April
30, 2004 at $315.00 per month; May 1. 2004 through April 30, 2005 at $330.00 per month; May
1, 2005 thrcmgh April 30, 2006 at $345.00 per month; said agreement subject to the approval of
the Town Attorney's O~fice.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
i~GISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF IN~FORMATIQN OFFICER
Town }Iall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631j 765-1500
southoldtown.northfork, ne~;
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 12, 2002
Caminiti & Gibbons, L.L.P.
54075 Main Road Comer Beckwith Avenue
Post Office Box 846
Southold, New York 11971
Dear Mr. Caminiti:
Please be advised that the Southold Town Board at their regular meeting held on
September 10, 2002 adopted a resolution approving the lease between Harry Giosasi and
Heid£ Cfiosasi and the Town of Southold. A certified copy of this resolution is enclosed.
Also enclosed, please find two (2) copies of the lease which have been executed by
Supervisor Horton. Please have the Giosasi's sign and execute both cop~es, return the
copy marked "Tovm Copy" in the self-addressed envelope m me and retain the other
copy for them. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Towa Clerk
Enclosures (2)
cc: Town Attorneys Office
GREGORY F. YAKABOSKI
TOWN ATTORNEY
KATHLEEN MURRAY
ASSISTANT TOWN ATTOBaNBY
JOSIIUA Y. I][Ot~TON
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631 765-1889
e-mail:
greg.yakaboski@~own.southaid.ny, us
kathlcen.murray~fown~southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To: Elizabeth Neville, Town Clerk
From: Kathleen Murray, Assistant Town Attorney
Date: September 11, 2002
Re: Lease Agreement between Harry and Heidi Giosasi and Town of Southoid
Attached please find three (3) cop~es of the above-mentioned lease agreement,
each signed by Supervisor Horton. Please forwarc to the address below for the
necessary s~gnatures of Harry and Heidi Giosasi and copy all correspondence, as well
as a copy of the lease executed by the Giosasi's, to the Town Attorney's Office. Please
advise if any additional information is needed. Thank you for your attention to this
matter.
Caminiti & Gibbons, L.L.P.
54075 Main Road Cor. Beckwith Avenue
P.O. Box 846
Southold, NeW York, 11971-0846
E- M/~IL:; cgLLP@i-2000.com LAW OFFICES FAX. NO. {63t) 765-5902
CAMINITI & GIBBONS. L.L.P.
53345 MAIN ROAD (FEATHER HILL)
P.O. BOX 846
SOUTHOLD. N.Y. 11971-0846
CAMILLE LU'CARINI
(631) 765-5900
JOSEPH H. GIBBONS
OF COUNSEL
LISA M. RUDDER
September 19, 2002
Town of Southold
Elizabeth A. Neville. Town Clerk
53095 Main Road
Southold, NY 11971
Dear Ms. Neville:
We are returning the Town copy of the lease, which has now been executed by the
Landlords.
Please arrange to have the Town send a check for the current month as well as the arrears
from May 1, 2002 directly ro the Landlords at their mailing address: Po Box 215, Peconic NY
11958
All future payments of rent are to be made directly to them ar their mailing address.
Thank you for bringing this matter to a close.
Very Truly Y?
PAC/lr /aul A. ~ni~ ti
Encl. '
LEASE AGREEMENT
THIS AGREEMENT BETWEEN
HARRY GIOSASI and HEIDI GIOSASI, his wife, both residing at 755 Wood
Lan~,~,Peconic, NewYork 11958, as Landlords, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York,
having its office at 53095 Main Road (Route 25), Southold, New York 1197'1, as
Tenant.
WITNESSETH: The Landlord hereby leases to the Tenant the following
premises:
ALL that certain piece of land situated at Southold, Suffolk County, New York
described as follows: BEGINNING at a point on the northerly line of the Main
Road, 94.6 feet easterly along said northerly line from Beck'with Avenue, said
point of beginning being the southeasterly corner of land of Stevens and the
southwesterly corner of land of Czartosieski; from said point of beginning running
along said land of Stevens, North 16 degrees 15 minutes 10 seconds West
1'52.19 feet; thence along the several lands of Hartranfl, Davison and Sanford,
North 15 degrees 57 minutes 20 seconds West 169.20 feet to land of Rothman;
thence along said land of Rothman North 74 degrees 09 minutes 50 seconds
East. 84.87 feet to land of Henry Prince Estate; thence along said land of Henry
P, rfnce Estate, South 17 degrees 23 minutes 40 seconds East 161.39 feet to land
oJ: Edith Prince; [hence along said land of Edith Prince and along land of
Cza rtosieski, South 73 degrees 10 minutes 00 seconds West 33.67 feet; thence
along said land of Czartosieski. three courses:
(1) South 16 degrees 56 minutes 00 seconds East 64.50 feet; thence
(2) South 73 degrees 10 minutes 00 seconds West 31.07 feet; thence
(3) South 16 degrees 15 minutes 10 seconds East 94.0 feet to said
northerly line of the Main Road; thence along said northerly line, South
73 degrees 10 minutes 00 seconds West 25.0 feet to the point of
BEGINNING.
for the term of Four (4) years to commence from the 1st day of May, 2002,
and to end of the 30th day of April, 2006, to be used and occupied only for
Munici pal Parking Purposes, upon the conditions and covenants following:
1st: That the Tenant shall pay the annual rent as follows:
May 1, 2002 to April 30, 2003. [he annual rent is $3,$00.00 Dollars;
May '1, 2003 to April 30, 2004, the annual rent is $3,7'80.00 Dollars;
May 1, 2004 to April 30, 2005, the annual rent is $3,960.00 Dollars;
May 1, 2005 to April 30, 2006, the annual rent is $4,140.00 Dollars
said rent to be paid in equal monthly payments in advance on the Ist day of each
and every month during the term aforesaid, as follows:
May 1, 2002 to April 30, 2003, payment of $300.00 per month,
May 1,2003 to April 30, 2004, payment of $315.00 per month
May 1, 2004 to April 30, 2005, payment of $330.00 per month,
May 1, 2005 to April 30, 2006, payment of $345.00 per month.
2"d. That the Tenant shall take good care of .the premises and shall, at the
Tenant's own cost and expense make all repairs. The Tenant shall have the right
to grade, fill. and surface the premises and to otherwise improve and maintain the
same for use for municipal parking purposes.
3la. 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 of any and all their Departments and Bureaus applicable
to sale premises, for the correction, prevention, and abatement of nuisances or
other g~rievances, in, upon, or connected with said premises during said term;
and sh~all also promptly Comply with and execute all rules, orders and regulations
of the New'Yort( Board of Fire Underwriters, or any other s m lar body, at the
Tenant's own cost and expense.
~.th. That the Tenant, successors, heirs, executors or administrators shall not
assign this agreement, or undedet or underlease the premises, or any part
thereof, or make any alterations on the premises, without the Landlord's consent
in writing; or ocoupy, or permit or suffer the same to be occupied for any
business or purpc~se deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it ~vere the expiration of the original term.
5th. That said Tenant agrees that the said Landlord and the Landlord's agents
and other representatives shall have the right to enter into and upon said
premises, or any part thereof, at all reasonable hours for the purpose of
examining the same, or making such repairs or alterations therein as may be
necessary for the safety and preservation thereof.
6th. The Tenant also agrees to permit the Landlord or. the Landlord's agents to
show the premises to persons wishing to hire or purchase the same; and the
Tenant further agrees that on and after the sixth month, next preceding the
expiration of the term hereby granted, the Landlord or the Landlord's agents shall
have the right to place notices on the front of said premises, or any part thereof,
offering the premises "To Let" or "For Sale", and the Tenant hereby agrees to
permit the same to remain thereon without hindrance or molestation.
7th. That if the said premises, or any part thereof shall be deserted or become
vacant during said term, or if any default be made in the payment of the said rent
or any part thereof, or if any default be made in the performance of any of the
covenants herein contained, the Landlord or representatives may re-enter the
said .premises by fome, summary proceedings or otherwise, and remove all
persons therefrom, without being liable to prosecution therefore, and the Tenant
hereby expressly waives the service of any notice in writing of intention to re-
enter, and the Tenant shall pay at the same time as the rent becomes payable
under the terms hereof a sum equivalent to the rent reserved herein, and the
Landlord may re,nt the premises on behalf of the Tenant, reserving the right to
rent the premise~ for a longer period of time than fixed in the origina~ lease
wifhout' releasing the origfna Tenant from any iiab lity, app ying any moneys
collected, first to'the expense of resuming or obtaining possessi~)n, second to
restodn~'t, he prer0i~se$ to a re~ntable cor~Uition, and then to the payment of the
ren~t a~n¢~li otto? dha~;ge~ due and,to grow due to the ~ndlor<J, a~y surplus to be
paid to ~he Tena~nt; VCho';shall remain liabie for any defi~cy.
8th. That the Tenant shall neither encumber nor obstruct the sidewalk in front of,
entrance to, or halls and stairs of said premises, nor allow [he same to be
obstructed or encumbered in any manner.
9th. The Tenant shall neither place, or cause or allow to be placed, any sign or
signs of any kind whatsoever at, in or about the entrance to said premises or any
other part of same, except in or at such place or places as may be indicated by
the, Landlord and consented to by the Landlord in wdting. And in case the
LandlOrd or the: Landlord's representatiyes shall deem it necessary to remove
any such sign or signs in order to paint the said premises or the building wherein
same is situated or maAe any Other repairs, alterations or improvements in or
upon said premises Or' building or any part thereof, the Landlord shall have the
right t° do so, providiDg the same be removed and replaced at the Landlord's
expense, whenever the said repairs, alterations or improvements shall be
completed.
10th. That the Landlord is exempt from any and all liability for any damage or
injury to; person or property caused by or resulting from steam, electricity, gas,
water, rain, ice or snow, or any leak or flow from or into any part of said building
or from any damage or injury resulting or arising from any other cause or
happening whatsoever unless said damage or injury be caused by or be due to
the negligence of the Landlord:
tlth. That if default be made in any of the covenants herein contained, then it
shall be lawful for the said Landlord to re-enter the said premises, and the same
to have again, re-possess and enjoy. The said Tenant hereby expressly waives
the service of any notice in writing of intention to re-enter.
12th. 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 of this lease,
irrespective of the date of recording and the Tenant agrees to execute without
cost. any such instrument which may be deemed necessary or desirable to
further effect the subordination of this lease to any such mortgage or mortgages,
and a refusal to execute such instrumbnt shall entitle the Landlord, or the
Landlord's assigns and legal representatives to the option of canceling this lease
withouf incurrir:fcj any expense or damage and the term hereby granted lis
expressly I~mited accordingly.
13% It ~s expressly understood and agreed that in case the demised premises
shall be deserted or:vacated, or if default be made in the payment of the rent or
any part thereof as herein specified, or if without the consent of the Landlord the
Tenant shall sell, assigni or mortgage this lease or if default be made in [he
performance of any of the covenants and agreements in this lease contained on
the part of the Tenant to be kept and performed, or if the Tenant shall fail to
comply with any of the statutes, ordinances, rules, orders, regulations and
req, uirements of the Federal, State and Local Governments or of any and all their
DePartments apd'Bqr.,e..aus, applicable to said premises, or if the Tenant shall file
or there be filed against Tenant a petition in bankruptcy or arrangement, or
Tenan~¢ be adjudicated a bankrupt or make an assignment for the benefit of
creditors or take advantage of any insolvency act, the Landlord may, if the
LandlO}-d so elects, at any time thereafter terminate this lease and the term
hereof, on giving to 1he Tenant five days' notice in writing of the Landlord's
intenti(~n so to do, andthis ease and the term hereof shall expire and come to an
end, om the d~te fixed in such notice as if the said date were the date originally
fixe¢ in this lea~e for the expiration hereof. Such notice may be given by mail to
theTenant aSdeessed to the demised premises.
14th. Tenent shall pay to Landlord the rent or charge, which may, during the
demised term, be assessed or imposed for the water used or consumed in or on
the sa!d premises, whether determined by meter or otherwise, as soon as and
when the same may be assessed or imposed, and will also pay the expenses for
the setting o( a water meter in the said premises should the latter be required.
Tenant st-fall pay Tenantls proportionate part of the sewer rent or charge imposed
upon the bUilding; All such rents or charges or expenses shall be paid as
additional: rent and shall be added to the next month's rent thereafter to become
due.
15th. That the Tenant will not nor will the Tenant permit undertenants or other
persons to do anything in said premises, or bring anything into said premises, or
permit anything to be brought into said premises or to be kept therein, which will
in any way increase the rate of fire insurance on said demised premises, nor use
the demised premises or any part thereof, nor suffer or permit their use for any
business or purpose which would cause an increase in the rate of fire insurance
on said building, and the Tenant agrees to pay on demand any such increase.
16th. 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 er remedies that the Landlord may have, and shall not be deemed a waiver
of any subsequent breach or default in the terms, conditions and covenants
herein contained. This instrument may not be changed, modified, discharged or
terminated orally.
17th. If the whole or any part of the demised premises shall be acquired or
condemned by Eminent Domain for any public or quasi public use or purpose,
then and [n that event, the term of this lease shall cease and terminate from the
date of title vesting in such proceeding and Tenant snail have no claim against
Landlord for the faiiur6 of any unexpired term of said lease. No part of any award
shall belong to the Tenant.
18th. If after default in payment of rent or violation of any other provis~on of this
lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and faits to remove any trade fixtures or other property prior to
such said default, removal, expiration of ease, or prior to the issuance of the final
order or execution of ~the warrant, then and in that event, the said fixtures and
property shall be deemed abandoned by the said Ten ant and shall become the
property of the Landlord.
19th. In the event that the relation of the Landlord and Tenant may cease or
terminate by reason of the re-entry of the Landlord under the terms and
covenants.contained in this lease or by the ejectment of the Tenant by summary
proceedings or dtherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
mor~thly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained, the difference between the rent reserved and
the rent collected and received, if any, by the Landlord during the remainder of
the unexpired term, such difference or deficiency between the rent herein
reserved and the rent collected if any, shall become due and payable in monthly
payments during the remainder of the unexpired term, as the amounts of such
difference or deficiency shall from time to time be ascertained: and it is mutuaily
agreed'between L:andlord and Tenant that the respective parties hereto shall and
herebydo waive,trial by jury in any action, proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever arising in any
action, proceedir~g or counterclaim brought by either of the parties against the
other on any mat~ers whatsoever ar s ng out. of or in any way ~onnected with this
lease [he Tenant.s use or occupancy of sa~d premises, and/or any claim of injury
or damage.
20th. The Tenant waives all rights to redeem under any law of the State of New
York.
21st. This lease and the obligation of Tenant to pay rent hereunder and perform
all of the other covenants and agreements hereunder on part of Tenant to be
performed shall in nowise be affected, impaired or excused because Landlord is
unable to su ppty or is delayed Jn supplying any service expressly or impliedly to
be supplied or is unable to make, or is delayed in malting repairs, additions,
alterations or decorations or is unable to supply or ~s delayed in supplying any
equipment or fixtur, es if Landlord is prevented or delayed.from so doing by reason
of governmental preemption in connection with a National Emergency o.r in
connecton with ra'~y ru e, order or regu at.on of any departme~ or subdi¥1siop
thereof of a~qy governmen~tal agency or by reason of the conditio.n of' supply and
demand wh~;h have been or are affected by war or other emergency.
22nd. No diminution or abatement or rent, or other compensation, shall be
claimed or alle~ved for inconvenience or discomfort arising from the making of
repairs or improvements to the building or to its appliances, nor for any space
taken to comply with any law, ordinance or order of a governmental authority. In
respect to the various "services," if any, herein expressly or impti,ed/y agreed to
be furnished by the LandLord to the Tenant, it is agreed that there shall be no
diminution or abatement of the rent, or any other compensation, for interruption
or curtailment of such "service" when such interruption or curtailment shall be
due to accident, alterations or repairs desirable or necessary to be made or to
inability or difficulty in securing supplies or labor for the maintenance of such
"service" or to some other cause, not gross negligence on the part of the
Landlord. No such interruption or curtailment of any such "service" shal'l be
deemed a constructive eviction. The Landlord shal n(~t be requited to furnish,
and the Tenant shall not be entitled to receive, any of*such, "services" dudng any
period wherein the 'Tenant shall be in default in respect to the payment of rent.
Neither shall thbre b~/any abatement or diminutio~ of rent because of making ef
repairs, [mprovbm6nts or decorations to [he demised!;premi~es after the date
above fixed fop the commencement of the term, it being understood that rent
shall, in any event, commence to run at such date so above fixed.
23rd. Landlord shall not be liable for failure to g~ve possession of the premises
upon commencement date by reason of the fact that premises are not ready for
occupancy or because a prior Tenant or any other person is wrongfully holding
over or is in wrongCul possession, or for any other reason. The rent shall not
commence until possession is given or ~s available but. the term herein shall not
be extended.
24th. The Tenant covenants and agrees to procure and keep in effect during the
term hereof public liability policies of nsurance protecting the Landlord and the
Tenant from any and all claims for damage resulting from injury to persons and
property sustained by anyone in or about the demised premises, said policy or
policies of insurance shall be not less than $500,000.00 for injury to or death of
any one person and not less than $1,000,000.00 for injudes to or death of any
number of persons arising out of the same accident and in the amount of not less
than $500,000.00 for damage to property. Such policies may be covered under
blanket coverage policies, and the Tenant shall furnish certificates of such
policies to the Landlord.
2§th. It is understood and agreed by and between the parties hereto that the
Landlord may during the term of this lease move the building located at the
southern portion of the premises and relocate the same at a different site. The
Tenant does hereby consent to such relocation provided that there shall be
accessto the leased premises to and from Route 25 of at least 25' in width.
th
26 . Tenant may place signs indicating that the subject property is Town parking
w thout satisfying the reqUi~-ements set ~orth In Paragraph 9th.
And the said Landlord doth covenant that the said Tenant on paying the said
yearly rent, and performing the covenants aforesaid, shall and may peacefully
and quietly have, hold and enjoy ~he said demised premises for the term
aforesaid, provided however, that this covenant shall be conditioned upon the
retention of title to the premises 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, exelUutors and administrators.
IN WITNESS WHEREOF, the partie~~ have interchangeably set their hands
and seals (or caused these presents to be signed by their proper corporate
officers and caused their proper corporate seal to be hereto affixed) this
11TM day of September, 2002.
Signed, sealed and delivered
in the presence ef
Ha Landlord
Heid~'Giog~asi, Landlord
TOWN OF SOUTHOLD
JoltY. Hort~h, ~;u~ervisor