HomeMy WebLinkAboutWalsh Contracting Hanger BlJUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (5161 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOL.LO. WlFIG RESOLUTION WAS ADOPTED BY THE
)AT.A REGULAR MEETING HELD ONMAY n.. 1993:
WHEREAS,
and supervision of an airport 'located at Fishers
as Elizabeth Airport, and is desirous of leasing
Contracting Ltd.; and
WHEREAS, Walsh Contracting Ltd. of Fishers
building from the Ferry District; now, therefore,
the Fishers Island Ferry District has been delegated jurisdiction, control,
Island, New York, generally known
the former hangar building to Walsh
Island, is desirous of leasing said
be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fish~rs Island Ferry District to enter into an
agreement with Walsh Contracting Ltd. for the use of the building and
appurtenances, together with all facilities and services which have been or may
hereafter be provided at or in connection with the building for a term of three
years, commencing on the 1st day of May, 1993, and may be extended by agreement
of the Ferry District and Walsh Contracting Ltd. for two successive one year terms,
at an annual rent of $6,000,00 for the first year, and during the second and
successive years the annual rent shall be annual y negotiated between the District
and Walsh; said agreement al in accordance with the approval of the Town Attorney.
Judith T. Terry
Southold Town Clerk
May S. 1993
AGREEMENT
THIS AGREEMENT made as of this ~9~day of AugusL 1993,
between the FISHERS ISLAND FERRY DISTRICT~ a district
created pursuant to Chapter 699 of the Laws of New York
1947, as amended, having its office and principa~ place of
business at Fishers Island, Tbwn of Southold, Suffolk
Countyr New York, lhereinaf%er called the "District"), and
WALSH CONTRACTING LTD., having its office and principal
place of business at Fishers Ista~d, Tdwn-of Southetd,
Su~ffolk County, New York, (hereinafter-calIed the "Lessee".]
WI TNESS ETH:
WHEREAS the District has been delegated jurisdiction,
controL, and supervision of an airport located at Fishers
Island, New York, generally known as Elizabeth Airport,
(hereinafter called the "Airport"), and is desirous of
leasing the former hangar building, (hereinafter called the
".BUilding), to the Lessee; and
W}{EREAS Lessee is desirous of leasing the Building from
the District.
NOW, THEREFORE, for and ~n consideration of the
premises and'of the mutual covenants and agreements
hereinafter contained, and other valuable considerations,
the District does hereby lease, grant and let to the Lessee,
and the Lessee does hereby hire, Lake and lease from the
District the following premises, facilities, rights, and
privileges on and at the Airport, upon the following terms
and conditions, to wit:
~. The District does hereby graht unuo the Lessee the
use of the Building and appursenances, together with all
facilities and services whick have been or m~y hereafter be
provided at or in connection with the Building.
2. The Lessee shall have exclusive use of the building
and non-exclusive use of the Building attached thereto
(herein after called the "Administration Area"l lo~ated a~
the Airport. The Administration Area shall not be used by
the Lessee in connection with Lessee's contracting business,
it being understood that said Administration Area is to be
used e~clusively for Airport purposes and for the
convenience of the public.
3. The Lessee shall have the right to conduct a
general contracting business in the Building upon the
following terms and cond~tions:
ia; That Lessee's use of the Building for such
purposes shall not interfere with the ordinary use of
Airport by others.
the
~b)~~ No gasoline, oils, fuel or other flammable
materials shall be sold and/or stored in the Building,
except for those small quantities used in the operation of
machinery and equipment ordinarily used in connection with
Lessee's feneral contracting business.
(c) The public parking area presently located at the
Airport shall not ~e used by the Lesse9 but shall be used
excl.usively by members of the~public for ~irport parking
pgrposes.
(d) Lessee shall.obtain and maintain during the term
of this agreement policies of general liability insurance
in the amount of $1,000,000.00 covering the Lessee's
operations, said policies to name the Lessee, the District,
and the Town of Southo]d as named insureds. Certificates of
insurance or endorsemenns evidencing such shalt be furnished
to the District.
{e) Lessee shall have exclusive use of a parking area
of sufficient size for sen (10) or less automobiles and/or
pickup trucks/vans in the rear of the Building. Lessee
shall maintain this parking area as necessary for Lessee's
use, and shall repair any damage caused by Lessee's
extraordinary use of the parking area at Lessee's sole cost
and expense. Lessee shall otherwise maintain this parking
area at the cost and expense of the District.
4. The Lessee agrees to pay the annual rent of Six
Thousand ($6,000.00) Dollars for the first year, said sum to
be paid as follows: The sum of $1,500. on si~ning this
Agreement, receipt whereof is hereby acknowledged, and a
like sum of $1,500. on the ~7~day of November 1993,
February 1994 and May 1994 during the first year term of
this Agreement. During the second and successrve years, the
Lessee shall pay such annual rent as shall be annually
negotiated between the parties hereto.
5. The term of this agreement shall be three, years
commencing on the ~?~'day Of August 1993. The nerm of the
contract may be extended by agreement of the parties hereto
for two successive one year terms.
6. The-Lessee shall not at any time
Agrebment or any part thereof without the
of the District.
assign this
consent zn writing
?. Notwithstanding any other provision of this
Agreemens, Lessee shall not make any renovations,
alterations, or additions to the Building without prior
written consent of the District, unless on an emergency
basis, in which CASE Lessee, upon failing to contact the
Distric~£or consent, shall make such alterations at the
sole cost and expense of the D%strict.
8. 'The District~ shall be responsible for the condition
6~ ~he,B~i~in~:~nd~required repairs and replacements
th~r~Of~ '{n~tudi~g B~ilding systems, if any, and for the
Administration Area and any .communications equipment or
navigationa~ a~ids~oh~ihed.tberein an~ the remainde~r 0f the
AT.port. ~y~he. 5~ss~e~,~ sha~l ~be~r~spons~bl~ . for ~11 othe,r
con~ents of thel~ld~ not.~elcmfmed above.
~ ~. I~ the even~ the L~ss.ee fails or neglects to
~erform~an~aSt~ ~t~6~ imPbsed~ hp~n' the L~s~ee by the
~ovi~ion~ ?0~'? ~s.~A~&~n~} '~he D~strict ma~ give ,~rit~en
notice to the ~es~ee %0 ~medy %he sa~e~ ~d
thirty (~b)~dKys f'~0~%'~ ~ea~ipt 0f s~A 'ngtic& ( if unable
to~be-'fully ~ed~md"~w~tkmn Su~~'tzme period) - ~he ~Dlstrmct
may'elect' to' ~ermzna~e tkzs Agreement. Notwzthstan lng the
fore,going provlszons of. this paragraph, if..~essee fails or
neglects to-commence,~n~,~nt~nue to remedy an~ ~mch def~ault
w~ bh'~%hr~et (~')~Sus~es~~ da~s ~ afte~ notlc~ o f ~U~ default
~i~ ~reee~v~d'~lt~l~ ~&s~ ~(i~ such~def~kuit is uhab~~to be
fully ~d ~ithid ~c~h~ tfm~ period), the Dis%ric~ shall~
have t~ r~t to~r~me~?-~-~k~'defau%tj~nd 'the:costl:and
e~pense of same shall 5e ~ c~ar~e against the
~v! 10~ ~ Not w~{~st~Adz~,'ah~ other~provisxons of th~s
Agreement, the District shall have the option between ~he
first and t~e~{h%~o~h~?~f~ ~his-Agreement to ~t~rmi~ate:~this
~t~i~t"~ 8i~e{i3A tg~{e~in~d~e, in~- the ~e~eh~'~ t~at~e
9i'str~t ~ele?ts ~to terminate ~:~s~ pr0vzded
t~zs Agreement~shg~l~term~t~ s~x {~)~mong~m~from~the date
6~.t~e~e~e{pt~3f th~ P~ri~t':s~ei~ct~0~ to t~mih~te: but
not zn ~any event prior'to-the expiration~oF t~e twelfth
~' 1%. ~hould ~he.Build~ng b~ ~rt.use~ the
Drstr~ct may {ermzna~e'~h~s~A~reement
no~ce to-~the.Less~e-of,such ~eed. I:
D~'s ~r~c% m~st ~ term~na~e'~ as ~ prov~ded-~ ~n~ th~s ~,p~rag
~greemen~ ~sSatt~te~mz~ate nzn~t,y~ (,90) da~s
Lessee's ~eceipt of the notice of ~ ~quirement
to term~nafie.- ~he~ven~ such nofi~ce. !s~g~ en, .Lessee s
oSiig~tion ~to '~Ky;:~r~ht ~'~hkit -ceas~- fSom :th~'4da~e":o~
receipt o~-~such notzce~ and rental referred to h~reznabove
shall be apportioned ,ms of the date of Lessee's receipt
13. The District hereby represen%s that it has been
granted a~uthority to enter into this Agreement by'the Town
Board of the Town of Southold Resolution adopted May 4,
1993.
IN WITNESS WHEREOF, the parties hereto have signed
their names and affixed their seal~ on the day and year
first above written.
.FISHERS ISL~kND FERRY DISTRICT
(8/14/93)