HomeMy WebLinkAboutSummer Showcase Concert Series Recelve®
MEMORANDUM APR 25 2024
To: Denis Noncarrow, Town Clerk Sou(held Town Clerk
From: Benjamin F. Johnson,Assistant Town Attorney
Re: Summer Series Concert Contract.
Date: April 24, 2024
Attached please find the fully executed contract with Summer Showcase Concert Series of
Southold, Inc., for the outdoor concerts at Silversmith Corner, Southold,New York.
Please file the fully executed contract for Southold Town's official records.
Should you wish to discuss the foregoing, do not hesitate to contact our office.
AGREEMENT
THIS AGREEMENT, entered into this Lq-day of 1 2024, by and between the Town of
Southold,New York("the Town"), a municipal corporation organized and existing under the laws of
the State of New York with offices at 53095 Main Road, Southold,New York,and Summer Showcase
Concert Series of Southold, Inc. ("Summer Series"), a not-for-profit corporation organized under the
laws of the State of New York with a principal address of 1374 Lighthouse Road,Southold,NY 11971;
WITNESSETH,that the Town and Summer Series,for the consideration hereinafter named,agree
as follows:
WHEREAS, Summer Series has historically organized and held free weekly outdoor concerts
during the summer months at Silversmith Corner, Southold,New York, and
WHEREAS,the Town of Southold has historically granted permission to Summer Series to hold
the-afore-mentioned concert series at Silversmith Corner and
WHEREAS, the Town of Southold considers these events to be a benefit to the residents of the
Town of Southold and,therefore,has historically contributed towards the cost of holding the concerts
and
WHEREAS,both parties desire to see the summer weekly concert series continue in the Summer
of 2024,
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein,
the parties hereto agree as follows:
1. Summer Series agrees to organize and host a weekly summer concert series in Silversmith
Park, Southold,NY, on the following dates: July 3, 10, 17, 24, 31, and August 7, 14, 21, and 28 from
7:30 p.m.to 9:00 p.m.The Southold Recreation Center will be made available in the event of rain. The
gazebo shall also be available for one to two musicians on Saturdays to promote the upcoming concerts.
2. The Town agrees to allow Summer Series to use Silversmith Corner, at no cost, to hold
weekly concert events as described in paragraph "1" and agrees to provide access to commercial
electrical service for the performers.
3. The Town agrees to contribute $10,000.00 to organize and hold the concert series. Payment
shall made to Summer Series upon execution of this Agreement and upon Summer Series filing a
voucher in a form acceptable to the Town Comptroller and any other forms requested by the Town
Comptroller.
4. The Summer Series shall be responsible for the full and correct performance of the work
required by this Contract within the time specified herein, including the work of the Summer Series'
Subcontractors,and any errors therein shall be corrected at the Summer Series' own cost and expense.
In addition, the Summer Series shall indemnify the Town for any costs, fees, or expenses attributable
to errors in performance by the Summer Series_or the Summer Series' Subcontractors.
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5. Summer Series agrees that the money paid by the Town to Summer Series will be solely for
compensating those performers at the concert series events outlined in Paragraph "1" and that none of
the funds provided by the Town shall be used for the salaries or other payments to, the officers or
employees of the Summer Series, except for reimbursement of expenses incurred that are directly
related to the concert series events covered by this Agreement.
6. It is hereby mutually covenanted and agreed that under the terms of this Agreement Summer
Series' relationship to the Town shall be that of an independent contractor.
7. In accordance with the provisions of section 109 of the General Municipal Law, Summer
Series is hereby prohibited from assigning, transferring, conveying, subletting, or otherwise disposing
of this Agreement, or of its right, title, or interest in this Agreement, or its power to execute this
Agreement,to any other person or corporation without the previous consent in writing of the Town.
8. Any and all notices and payments required hereunder shall be addressed as follows or to such
other address as may hereafter be designated in writing by either party hereto:
To Town: Denis Noncarrow
Southold Town Clerk
P.O. Box 1179
Southold, NY 11971-0959
With a copy to: Janet Douglass,Southold Recreation Center
Town of Southold
P.O.Box 267
Southold,NY 11971-0959
To Summer Series: Summer Showcase Concert Series of Southold, Inc.
1374 Lighthouse Road
Southold,New York 11971
9. The Supervisor has executed this Agreement pursuant to Resolution number 2024-227
adopted by the Town Board of the Town of Southold at a meeting thereof held on March 12, 2024.
Albert J. Krupski Jr., the Supervisor, whose signature appears hereafter, is duly authorized and
empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This
instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution
thereof, in the office of the Town Clerk.
10. No waiver of any breach of any condition of the Agreement shall be binding unless in
writing and signed by the party waiving said breach.No such waiver shall in any way affect any other
term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other
breach unless the waiver shall include the same.
11. This Agreement constitutes the complete understanding of the parties. No modification of
any provisions thereof shall be valid unless in writing and signed by both parties.
12. The laws of the State of New York shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have caused these presents to be duly the day and year
first above written.
Summer Showcase Concert Series, Inc.
By:
Robert Blank,President
Town of Southold
By: -
Albert J. Krapski,Jr. Supervis r