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