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Home My WebLink AboutGreenport Village LeaseMEMO To'. From: Date: CC: Town Board Members William D. Moore May 22, 2002 Scavenger Waste Facility Met w/Trustees George Hubbard and Ben Burns re: (1) settlement of outstanding sums claimed due from Town to Village and (2) future o£ scavenger waste facility w lease term coming to end Villaged proposed settlement · Town payment of $50,000 Town removal of scavenger facility (they have no use for the structure/building a and wish it to be removed per lease w/property restored to pre-lease condition. We can work on a timetable to accomplish this so cost of same could be budgeted over two years. (There is potential for sligJat disagreement in interpretation of lease termination date, but at earliest it is 2004// I advised them I would convey board's response to the $50,000 settlement figure and work w/board and village on acceptable timetable for removal of facility. John Cushman Greg Yakabosld BETWEEN lhe VILLAGE OF GREEblPORT, a munic pal corporation of the §thta ~ Ne~t York, having its office at 23fi Third Street, Greenport, Suffolk County, blew York as Landlord ~and The TOWbl BQA[~D OF THE TOWN OF SOUTHOLD, actin9 on behalf of the SOUTHOLD WAST~V~ATE.R IJI~$POSAI. DISTRICT. having its o~fice at Main Road. Sduth01d. Suffolk County, New York Tenant £or t3e ~erm of Twenty years to commence and end as provided on the Rider annexed hereto and made oDart hereof ~ to be used and occupied only for the construct- ion and operation of a wastewater pretreatment facility upon the conditions and Covenants following: 1st. Tl~at the Tenant shall pay the a~nzm/ rent of Five Thousand ($5, 00O. O0) Dollars for the first ten years of said twenty year term and the annual rent of Six Thousand ($6,000.00) Dollars for the final ten years of said term, to be paid as provided on the Rider annexed hereto. '2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make ail repairs to the structures to be erected thereon, together with all roadways and other access areas. and at the end or other expiration of the term, shah deliver up the demised premises in good order or condition, damages by the elements excepted. ' 3rd. That the Tenant sh~,l promptly execute and comply ~,ith ail statutes, ordinances, rules, orders, regulations and reqmre- ments o[ the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, ~o~ the correction, prevention, and abatement of nuisances or other ~rieva~ces, in, upon, or connected wlt~ smd premises during said term; end s~aH also promptly comply wit~ and execute aH rule~, orders and regulations of the New York Board of Fire Underwriters, or any ot~er s~milar body, at t~e Tenant's own cost and expense. 4~. T~at the Tenant, successors, heirs, executors or administrators shdl not assign ~is agreement, or underlet or under. le~se t~e premises, or any par~ ~ereof, or m~e any alterations on the premises, without tha Landlord's co~sent ~n writing; or occupy, or permit or su~er t~e same to be occupied for any b~iness or p~rpose deemed disreputable or e~a-~azardous on account of ~re. under tha penalty of damages ~d forfeiture, and in fha event of a breach thereof, the term hareln shall im- mediately cease and determine at fha option of the L~dlord as ii it were tha expiration oi fha origi~ul term. 5~. Tenant must give La~Iord prompt notice of fire, ~ccident, damage or dangerous or defective condition. I~ t~e Premises can no~ be used because o~ fire or other caenal¢y. Tenant is not required ro pay rent for the time the Premises are unusable. ~ part of the Premises c~ not be used, Tenant must pay rent for the usabIe part. L~dlord shall ~ave the right to decide which part oi the Premises is usable. L~dIord need only repair the damag~ structural parts of the Premises. Landlord is no~ required to ~pMr or repIace any equipment, ~xtures, furnishings or decorations unless originally instMled by Landlord. Land- lord is not responsible for delays due to settlin~ insurance claims, obtaining estimates, labor and supply problems or an~ other cause not ~Iy under Landlord's control t~ t~e fire or other casualty is caused by an ~t or neglect of Tenant, T~anFs employees or invitees, or at the time of the fire or casual¢y Te~nt is in default in any term ot this Lease, then M1 repMrs will be made at Ten~Fs expense a~ Tenant must pay the full rent with no adjustment. The cost of the repairs will be add~ rent. Landlord has the right to demolish or rebuild the BuildinK ii there is substantial damage by fire or other casualS, Landlord m~ eanceI this Lease witMn 30 da~s after the substantiM ~re or casuaIty by giving Tenant notice of Landlord's intention ro demoIish or rebuild, The ~ease will end 3~ days after L~dlord's c~celIation notice to Tenet. T~ant mus~ deliver the Premises to Landlord on or before the cancellation date in ~e notice and pay MI xent due fo the date oi the ~re or casualty. II the Lease is c~ceHed Landlard is not requir~ ~o repMr the Premises or Building. The cancellatio~ does not release Te~t of liability in connection ~th the fire or casualty. Th(s~ Section is intended tv replace ~e terms ot New York ReaI Proper~ Law Section 227. EXHIBIT 3 ~o ~r i~to and upon ~ pre~s, or a~y p~ ~ereol. at MI re.enable ~o~s for the p~ose ~ ~in~ the ~m~. or m~n~ su~ zep~rs or Mzerations therein as may be neces~ry ~or ~e 7~. T~e Tenant also agrees to permit the Landlord or the Landlord's agents to s~ow the premises to perso~ wi~ing ~o ~ire or purchase the same; and ~e Tenet iurtfler agrees that on an~ ~ter the sixth month~ next preceding t~e expir~io~ of premises, or any p~t thereof, o~ering t~e premises "To Let" or "For Sale"~ and the Te~t ~ere~y agrees to permit t~ same fo remain thereon wit~ou~ ~in~ance or molestation. ~. T~at ~f ~e said premises, or any p~t thereof ~1 be deserted or ~come vacant dur~=K smd term, or made i~e paymen~ of ~ s~d, ren~ or any part thereof, or ff ~F dei~ ~e made ~ ~e per~o~nce,oi ~ny o~ ~e co~e. ot~e~i~, ~d ramove ~l person~ therefrom, wi~uf bNng liable to p~sec~on 9~h. . Landlord may replace, at the expense of Ten.f. any and all broken gIass in an~ about the demised pre~ses, L~dlord ~ ~=re, and keepins~ed, ali plate gl~s ~n the, de.sad pre~s for ~d in the ~ame~ of Lan~ord. Bills, tor t~e premiums t~erefor sh~l be rendered ~F L~dIord fo Tenant at suc~ times as ~ndlord may elect; ~d s~all ~e d~ ~ro~, and pa~le ~y, Tenant w~n rendered, and the ~o~nt thereof shall be deemed to be, a~ be pale as, addiEon~ rent~. Damage and in]~ to ~e s~d premiseS, caused b~ the carelessness; negligence or improper condu¢~ on ~ p~t of ¢~e said Te~a~ ox ~e Tenant's agent~ or emp!oTees shall be repaired ~ ¢pe~il7 as possible b7 ~e Tenant at t~e Tenant's own cost ~d ~pense 10~. That ~e ~en~t s~=II =ei~er chamber nor obstruct the slde~k in front of. ent~nen to, or hMls and stairs of said pre~ses, nor allow t~ same to'be objected or e~c~m~red Jn, an~ manner.. . ~ ~. T~e Tenant s~] ~ei~er place, or ~ause or ~]pw to ~e placed, an~ sign or sJffns et ~ ~ wha~oever at, ~ or a~ou~ lord ~ c~se=~t~d ~ :~ ~,L~dlord i~ Wrf~. A~E in ~se the La.etd or the L~dlord~ represen~ti~es s~ deem it neen~ ~o remove any such ~sJ~n or sJgfis in order to paint the ssid praises or t~e belial{nfl wherei~ same Js sit.ted or ~aff ~ave. ~e rrK~t ,to do so~ provldi~K the Same be removed and replaced at f~e L~dlord's expense, W~enever ~e sazd rep~ a~ratJons or Jmprove~nt~ s~ll b~ ¢ompIeted. tes~g itO~ ~e~ elasticity, fins, ~¢~r, ral=, ice or snow, or any leak or ~ow from or i~o any p~t oi s~d b~ilding or ~t~ a~y ~aEe ~r~}~ res~t~ ~ a~Js~nff f~om any ~er ca.se or ~appe~n~ w~a~oever n~ess sal~ d~a~e or injur~ ~e, c~ed ~ or be d~ ~ ~e ~¢l~ence of' t~ Lan~ord. ~ ¢oye~s ~erein ~ntMned, ~en it shah ~e lawI~ for t~e sa~d Landlord fo re- ssess and enjoy. The said Te~nf hereby e~ressiy,w~ves the service benel~t e subordination of this t shaI1 entitle the Landlord, or the Land- this lease without incurring any expense cz damage and par~ to be per£ormed. In the event r~ght to transter the security to the vendee for the by the Tenant from ali liability for the return of such ' for the return of the said security, and it, is ugreedthat 1 ?th. It is: expressly ~ut~d~rstoo~a~d aKteed that in cas~ the demised premises shall be deserted or vacated, or if de£ault be made! in the p ~t ~ tlie'ren~ or an art thereof .... h ;' " ~ ' ' ' Y p ~ ~erem specz6ed, or zi, w~thout the consent of tho Landlord, the Tenant s a~. se~z,,assr~, o~, mo~Ke, ~ t~s~ lease or ii, default be made in the perform~ce of any of the covenants ~d agreements in th~s lease conta~n~ ~l~e,~art ~ t~e Tenant to be kept,a~d periormed, or if the Tenet shall fail to comply with ~y of the ~atut~ o~i~c~s~ ~des, v~r~, ~egulatiVns and req~rements of the Federal State and Local Governments or of any and all their ~epartmed[~ and ~eau~, ap~He~bl~ to said premises, or if the Tenant shall file or there be 6Ied agMnst Tenant petition in ba~k~pt~y ~ arrangement, or Tenant be adiudiealed a bankrupt or make an assignment tor the ~ene6t of creditors or t~e ad~an~ag~ ~f ~ i~solvenc~ zct~ ~e Landlord ~, ~ the Landlord so elects, at any t~me thereafter terminate lease and t~o ter~ ~er~of, on giving to l~e Tenant ~ve~daps' notice in writing of the Landlord's intention ~o to do, and this lease and the te~m hete~ shall expire an~ come to ~ end on the date ~xed in such notice as if the smd date were the date orlginaHy 6xed in th~s'lease icl t~e eXPiration hereof ~uch notice may be given by mall to the Tenant addressed to the 18~. Tenant shall pay to L~ord the rent or charge, which may, during the demised term, be assessed or imposed for the m~ be asses~d or imposed, ~d wU1 also pay the expenses for the setting of a water meter in the said zem~ses should the l~tter be r~uired. Tenant shall pa~ Te~an~s proportionate part of the s~er rent or charge imposed upon the b~ldmg. AIl such rents or ch~ges or expenses shall be paid as additional rent and shall be added to the next month's rent there~ter to ~ ~n~nl~g into sa~a premises, or petit anyt~m~ to be ~rought rote sa~d premises o~ t~B~c~ill in an7 w~F mcre~se the rate of fire ms~ce on smd demise~es~~emis~-~}em~kes or any pa~ thereof. ~or su~er or perm~eir ~-'a~~ose which would cause an increase [n t~e rate of ~re insurance on ~id ~uildimK, 20th. T~e failure of l~e Landlord to insist upon a strict pertormance of any oi t~e terms, conditions and coven~s ~erein, shMl not ~e deemed a waiver el any rights or remedies that the Landlord may ~ave and s~Ml ~ot be deeme~ a waiver of an7 su~sequenl breach }or dei~t in t~e terms, conditions and covenants herein confined, T~is instrument may not ~e c~ged, mbdi~ed, dfsc~ed or terminated orally. 21st. Ii the whole or ~7 part of the demised premises s~aH be acquired or condemned by Eminent Domain for ~n7 public or 22nd. If after default in t~yment of rent or vloIation of a~y other provision of ties lease, or upon the explratlon o£ event, the said ~xtures ~nd proper~y sh~l be deemed abandoned bp the said Tenant and shah bec~e the property of 23r~ In the event that ~e relation of the Landlord and Tenant may cease or fer~nate b~ reason o~ the re=enVy o~ the 24th. T~e Tenant waives all rights to redeem under any law of the State of New York. 25[~. T]~is lease and the obligation of Tenant to pay rent hereunder and pe~'~orm aH o~ the other covenants and agree- ment~ ~ere~der o~ p~¢ of Te~nt to ~e performed ~t ~n nowise be a~ected, zm~ired or excused ~eca~se L~dlor~ un~le to supply or is d~ed in supplyinK ~ se~ice expzessly ~r implledly to be supplied or is unable to make, or delayed i~ making any repairs, addltlon~, ~t~rat~ons ~ decorations or is nna~le ~o s~pply or is delayed in s~pplying an~ e~afpmen~ Ox ~ures if Landlord is pxevented or delaped fxom so doing by reason o~ gover~ental preemption in tion ,~i~ a ~at~on~ Emergency: or in co~e~tion wi~ ~y r~e, order or regula~on of ~y department or subdivision thereof o~ any ~¢eknmental agency or bp reason of the condition of supply.and dem~d wiE¢~ ~ave been or are a~ected b~ war 2~. No d~inution or abatement of ment, or other compensation, shall be closed or ~lowed for inconveni~ce or dlseom- i~rt.arisfng ~o~ t~e making of repair~ ox improvements to the building or ~o it~ appli~ces, nor for any space t$ken to comply wlth any l~w, Ordin~nce or order o~ a governmental authori~ In respect to the v~]ous "services," ii ~n7, herein exptes~y ~ implzedl~¢eed to be f~mshed by the Landlord to ~he Ten~nt, ~t m ~reed t~at ~ere shMl be no d~mmut~on or ~ t~e rent, o~ any ~her compensa~on, ~or ]nterrgp6on or c~t~l~nt of s~h ' semite' when such interruption or c~tailment ~all be d¢e ~ aqcid~t, ~ter~iOns or repairs desirable or necessarF to be made or to ]nabilit~ or di~cmlt~ in securing supplies ox ~abor ~or ¢he mslntenanee of such."service" or qo some other cause, not gross negligence on the part of t~e Landlord. No sgch ihtet~u~on .or cu~ilment of any such "service"~shaH be deemed a constructive evic~'on. The Landlord shall not be t~¢uired ~o iu~nish, and the Tenant sh~l not be en~tled~ to receive, anF ot ~ch 'services ' during any period wherein the ~nan~ s~ ~ ]n default in r~sp~¢t tO the payment ot ~ent. Neither shelf there be ~ abatement ~ ~in~ion ot rent became ~ ~Mngot repairs, ~mpxovements or decora~ons to the demised premises after the d~e above ~xed torthe commencement ~e ~erm; t¢ ~emg anders~od ~a~ ~ent shall, m ~n~ event, co, me,de to r~ at.such dzte ~o above 6xed. 27~. ~dto~d ~aH not be liable for failure to give possessio~ of the premises upon ~mmencement date by reason of the fzct that px&m~s are n~ read~ for occupancy or because z prior Tenant or ~ o~er person is wronglully holding over ~S in wrongful p~s¢~sion~ or for ~ other reason. The rent shah not commence until Possession is ~ven or is available, but (Continued on Rider) And the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants a£oresafd, shah and may peacefully and quietly have, hold and~ enjoy the said demised premises for the term aforesaid, pro- vided however, that this covenant shah he conditioned upon the retention of title to the premises by the Landlord. ~[Hb i( ~ IHH~[((~ HH~[~ ~H~ ~E¢~ t~at the covenants and agreements contained in the within lease shah be binding ~pon t~e p~rffes hereto ~d ~pon their respective, successors, heirs, executors and admlnls~ators. ~n ~it~ ~Oer~of, the parties have interc~ange~ly~ ~helr ~ands a~:seafs (or caused these presents to be signed b~ their proper corporate o~cers and caused t~eir~ ~r~,c~pp~at~s~L to be ~ereto ~xed) this 20th dar ot December J9 83 Signed, sealed and delivered in the presence o£ TOWN OF SOUTHOLD ........................... L. William R, Pell III, Supervisor ............................. George W. ~ubbard, Jr., Mayor Cmmtp ~i sUFFOLK On the 15th day of December 19 83 . be[ore me personMl¥ came GEORGE W. to me known and know~ to me, to he the indlvi~Izal he ackaowI~dged to me that he HUBBARD, JR., Mayor of the Village of Greenport described in, and ~ho executed, the foregoing instrmnent, and ~.: ~ollntp of SUFFOLK On the 20th day of WILLIAM R. PELL, 111 executed ~he same. mmiss~oh E,~lJ'es Marc.h 30,19/~ December Greenport, New York 1983 . before me personally came he resides at No. 830 Anglers Road, Supervisor ot the Town of Southold the corporation mentioned in, and which executed, the foregoing ine~rament; that he knows the seaI of said corpora- tion; that the seal a~xed to sa~d instrument is such corporate seal; that it was so a~xed by order the Town of Southold et said corporation; and that he signed his n~e thereto by llke order. New Y~ common,on Expires March 30, ~11 (~oll~i~lt:&tiolI of the letting o$ the presses within mentioned to the within n~ed Tenant and the sum o~ $1.00 paid to the undersigned b~ the wlt~i= named Landlord, the =nderslgned do ~ereb~ covenant and agree, to ~d with the Landlord ~d t~e L~dlotd's legal representatives, that if default shNl at any time be made by the said Tenant in the payment o~ the rent and the performance of the covenants contained in the within lease, on t~e Tenant's part to be paid and performed, that the undersigned will well and truly pay the said rent, or any arrears thereof, that may main due unto the said Landlord, and also pa~ aH damages that may arise in consequence of the non-peMormance of said covenants, or either of them, without requiring not~¢e of any such default from the said Landlord. T~o undersigned herob7 waives all rkght to trial by jury in any acffon or proceeding hereinafter instituted by ~e Landlord, to which the undersigned ma~ bo a pa~. ,19 RIDER ATTACHED TO AND FORMING A PART OF A LEASE BETWEEN THE VILI.:A~GE OF GREENPORT. AS LANDLORD AND~ THE .TQ, WN~, OF~ SOUTHOLD, AS TENANT. DATED DECEMBER 20~ 19:83 . premises to commence construction of a wastewater pretreatment facility thereon, and shall end on the last day of the month of the termination of the wastewater pretreatment facility operating agreement entered into between the parties hereto. 29th. The annual rent set forth in paragraph 1st. of the lease to which this Rider is a part shall be paid in equal semi-annual payments in advance, commencing on the effective date of this lease and shall (~ontinue semi-annually thereafter' during the term hereof. 30th. It is agreed by the parties hereto, that all buildings and other improvements constructed or placed by the Tenant on the land hereby leased shall not become a part of the real property herein leased, but shall remain the property of the Tenant, and that the Tenant shall have the right, and the Landlord may compel that the Tenant remove any such buildings and other improvements not later than six months after the expiration or other termination of this lease, or any ren~ewals or extensions thereof. Upon the removal of such buildings and other improvements, as hereinbefore provided, the Tenant shall restore the leased p~emises, as nearly'as possible, to its condition at the commencement of this lease, including the landscaping thereof. Description of Leased Premises All those certain three parcels of land, situate, lying and being in the Village of Greenport, Town of Southold; County of Suffolk and State of New York, bounded and described as follows: PARCEL I BEGINNING at a point on the westerly line of Moore's Lane 2,012 feet, more or less, southerly from the intersection of the 'westerly line of Moore's Land with the southerly line of County Route 48; running thence the following four courses and distances, to wit: (1) South 85 degrees 57 minutes 20 seconds West 300 feet to a point, thence (2) South 4 degrees 02 minutes 40 seconds East 185 feet to a point, thence (3) North 85 degrees 57 minutes 20 seconds East 300 feet to the Westerly line of Moore's Lane, thence (4) North ~ degrees 02 minutes 40 seconds West along the ewsterly llne of Moorefs Lane, a distance of 185 feet to the point or place of beginning, Containing 55,500 sq. ft. PARCELll BEGINNI'NG al; a', poin. t on the site of the Village of Greenport Sewage Trea ~l~.ent Plant, Whieh is 480L feet West o¢ t~e w~terly line of"M~ore's Lane, which -~tter p?n~ is' 1,921 feet SOUtherly al6ng sai~ ~esteNy'line bf Mo~'s ~ne frbm ~ts 'intersection with ~h,e s~therly lin6 ~ Cbunty 'Reute ~8; running ~o~h ~'ciegree$ 02 minutes 40 seconds West 50 ~hence {3) North 85. degrees .57 minutes 20 seconds Wesi 50 feet to a point, thence (4) Sou,th 4 degrees',~02 minutes 40 seconds East 50 feet to the point or place of beginning. Containing 2,500 sq. ft. PARCEL III BEGINNING at a point on the site of the Village of Greenport Sewage Treatment Plant which is 740 feet west of the westerly line of Moore's Lane, which latter point is 2,056 feet sotitherly:along said westerly line of Moore's Lane from its intersection with the southerly line of County Route 48; running thence the folio,wing four courses and distances, to wit: (1) South 85 degrees 57 minutes 20 seconds West 65 feet to a point, thence (2) North 4 degrees 02 minutes 40 seconds West 140 feet to a point, thence (3) North 85 degrees 57 minutes 20 seconds East 65 feet to a point, t~henc~e (4) Soat~ ~ degrees 02 minutes ~0 seconds East 140 feet to the point or ,~la~:eof beginning. Containing 9, 100 sq. ft. · The above described parcels being shown and delineated on a Site Plan prepared by Holzmacher, McLendon & Murrell, P.C., dated June, 1983, annexed hereto and Marked Exhibit "A". VILLAGE OF GREENPORT George ~. Hubbard, Jr., Mayor TOWN OF $OUTHOLD William R. Pell,-II1~ Supervisor -2- STATE OF NEW YORK COUNTY OF SUFFOLK ss: On this15th day of December ,1983, before me personally came which executed, the foregoing instFument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was~affixed by vi~e of a resolution of the Board of Trustees of the Village of Greenport; an~ 'that' he signed his name thereto by virtue of said resolution. STATE OF NEW YORK COUNTY OF SUFFOLK ss: On this20th day of Notary No. 52-0344~3 Suffolk Commission E~res March ~o, 1 ~.~ December ,.1983, before, me personally came WILLIAM R. PELL III, to me known, who being duly sworn, did depose and say that he resides at 530 Anglers Road, Greenport, New York; that he is the Supervisor of the Town of Southold, the corporation desci*ibed in and which executed the foregoing instrument;, that he knows the seal of said corporation; that the seal affixed ~o said instrument is such corporate.seal; that it was affixed by virtue of a resolution of the Town Board of the Town of Southold; and that he signed his name thereto by virtue of said resolution. Notary Public JUDITH T. TERRY Notary Public, State of New York No. 52-0344983 Suffolk Coum,~ -3-