Loading...
HomeMy WebLinkAboutMattituck Park DistrictELIZABETH ~. NEVH J-.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF I~FORM.~TION OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516] 765-1_823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 15, 1998 Edward S. Adams, President Board of Commissioners Mattituck Park District P.O. Box lq13 Mattituck, New York 11952 Dear Mr. Adams: Enclosed are two (2) copies of the lease agreement between the Town of Southold and the Mattltuck Park District for the-construction and operation of volleybal courts at Breakwater Beach r Mattituck. Please s~gn both copies and then return the "Town" copy in the enclosed self-addressed envelope. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc; J. McMahon, Executive Director J. Cushman, Comptroller ,IZ~BETH A. NEV~ TOWN CLERK REGISTRAR OF VIT,~_L STATISTICS MARRIAGE OFFICER RECORDS ]FiANAGEMENT OFFICER FREE'DOM OF INFORM2kTION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~516~ 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ON 1998: THAT THE FOLLOWlN?., RESOLUTION WAS TOWN BOARD AT A REGOLAR MEETING HELI~ RESOLVED that ~the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Lease Agreement with the Mattituck Park District for the construction arid operation of volleyball courts on a section of the parking lot at Breakwater Beach, Mattituck, all in accordance with the approval of the Town Attorney. Southold Town Clerk April l~t, 1998 LEASE FOR VOLLEYBALL COURTS This Agreement, made this 15th day of April 1998, between the Town Of Southold, Suffolk County, New York, hereinafter referred to as TOWN, and the Mattituck Park District, with its principal office at Mattituck, Townof Sou~h01d, Suffolk County, New York, hereinafter referred to as PARK DISTRICT. Whereas,-the PARK DISTRICT is the owner of a tract or parcel of land situated at Breakwater Beach, Mattitnck, N.Y., known as SCTM~1000-99-2-19.1, and Whereas( the TOWN is desirous of obtaining a site for construction and operation of volleyball courts for use by town residents who are enrolled in its volleyball program under the auspices of the Southotd Town Recreational Department (the League); and Whereas, a resident of the PARK DISTRICT has agree~ to act as Sponsor of ~the League in the operation of the volleyball courts; and Whereas, the PARK DISTRICT has a section of parking lot at its Breakwater Beach facility which is in poor repair and unusable as a parking lot without the expenditure of considerable funds, and which the PARK DISTRICT does not feet is necessary to the residents of the PARK DISTRICT for the forseeable future given current usage of the facility and availability of other parking at the site; NOW, THEREFORE, the parties agree as follows: 1. PREMISES LEASED. For the sum of one dollar ($1.00) per year and other valuable consideration, payable on the 1st day of May of each year during the term of this lease, the PARK DISTRICT does hereby lease to TOWN, and the TOWN does t&ke and lease the following: an area of the parking lot at Breakwater Beach approximately 80 feet by 180 f~et, as shown ~n the attached plot plan, fox the construction and operation of fo~rvolley~balt courts and split rail fence surroundimg same. The TOWN does hereby covenant to pay to the TOBRq the y~arly ~ent as herein specified. 2. TERM. This lease shall be for an initial period of five years, Commencing April 1, 1998~ Provided the TOWN is not in default, the TOWN shall have the right to renew this lease for one renewal term of five years, exclusive of the renewal option, unless TOWN not~fies PARK DISTRICT in Writing, within 90 days prior to the end of the term of this lease, of TOWN's intent to terminate the lease. At the termination of this lease, the TOWN shall restore the premises to a parking area, unless the PARK DISTRICT notifies the TOWN in writing at least 30 days prior to the end of the term to leave the volleyball courts in place. 3. USE OF PARKING AREA. It is the intent of the parties that the volleyball courts will be used in the evenings only. Parking by League members is permitted in the remaining PARK DISTRICT parking area only by special use permit issued by PARK DISTRICT (maximum 50), subject to regulations of the TOWN or League for volleyball use only. Such special use permits will not permit parking on Saturday or Sunday. It is the further intent of the parties that the volleybalI courts will be used only on weekday evenings. The TOWN will post a si~n at the premises stating~the hours of permissible operation. 4. INSURANCE. The TOWN shall indemnify and save harmless the PARK DISTRICT against all injuries, damages, c&aims, loss or expense, including withont limitation reasonable attorney's fees directly or indirectly arising or res~lting from the operation, use, constructionf maintenance, existence or access to the TOWN's volleyball courts. The TOWN shall maintain public liability insurance and property damage liability insurance in the amount of five millio~ dollars ($5,000,000.00) which shall name the PARK DISTRICT as additional insured, and shall furnish certificates of insurance to PARK DISTRICT prior to commencement of this agreement or any work thereunder. 5. LIGHTING. TOWNmay install lights, the location, size, shielding and direction to be approved by the PARK DISTRICT, such approval not to be unreasonably withheld. Lights shall not be left on later than 10:00 p.m. TOWN will provide electrical supply for such lights at its expense. The lighting system shall, at PARK DISTRICT's option, be removed or retained by PARK DISTRICT at termination of the lease. 6. USE. Courts will be available to use by PARK DISTRICT residents when TOWN-scheduled games or activities are not in progress, for volleyball use only. The TOWN shall keep the premises in a neat and orderly condition, with all papers, cans, rubbish, and debris placed in proper containers and removed regularly. The TOWN shall maintain the courts at its sole expense throughout the term of this lease~ 7. PARK DISTRICT RI/LES. PARK DISTRICT rules of conducU and use of facilities will apply to the leased area. 8. CONSTRUCTION. The TOWN shall be responsible for the eonstructio~ o~t~he volleyball courts ar~tpermitted improvements, and shall be responsible for securing all require~ permits and certificates therefor. The co~ts shall be constructed of sand. 9. DEFAULT. If the TOWN defaults under any of the provisions S~t forth herein, then it shall be lawful for the PARK DISTRICT to re-enter the premises and to have the same again, to repossess ~nd to enjoy. t0. SPONSOR~ The Sponsor herein is Michael Ryan, a resident of the PARK DISTRICT. In the event such Sponsor ceases to be a resident of the PARK DISTRICT, the TOWN shall provide an alternate Sponsor through-out the term of this agreement who is a resident of the PARK DISTRICT. cz 11. MISCELLANEOUS. The TOWN shall not, without the PARK DISTRICT's prior written consent: a~ Assign or otherwise transfer this lease, nor sublet same or permit the premises or any part thereof to be used by others for hire. b. Erect any structures or improvements other than those specifically permitted by this a~reement. 12. SURRENDER. At the expiration of the 5erm, the TOWN will quit and surrender the premises hereby demised, in a good state and condition as reasonable use and wear will permit, damages by the elements excepted. The TOWN fua3ther covenants and agrees that should it abandon the demised premises at any time~, the PARK DISTRICT may re-enter the same by force or otherwise without being liable for prosecution therefor and m~y re-possess the same premises. IN WITNESS WHEREOF, the parties hereunto have set hand and sea~ the day and year first above written. TOWN OF SOUTHOLD MATTITUCK PARK DISTRICT 21-1easmpdv