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HomeMy WebLinkAboutNorth Fork Bank-Parkingand NORTH~FORK BANK, a New York banking corporation with its principal banking house; a,t 245,~Love Lane~ Mattituck, New York 11952 as Landlord TOWN~.~0F SOUTRQLD. with an office at Town Hall. 53095 Main Road. SoutK~ld, New,~ork ~ 11,971 P.O. Box 1179, as Tenant ~itlI~: The Land~or~f hereb¥teases to ~the Tenant the following premises: t~t~certain parceL"of yacht lan~ locate~ ~n Pi~ S~reet, M~ttituck, New York consisting et appr~6~imk~ly 5007 square fe~t, As ~urth~r on Sche~ule A attached hereto and made a part ~ere6~ depicted 'v .~ ,, ,, ~.. · ~ for the term of ten (10) years to commence£rom the tst dayof June 2000 fi9 and to end on the 31st day of May 20~0 ~9 re be used and occupiedonly£or the use further described in the Rider attached hereto and made a part hereof~ 1st. That the Teaant shall pa~ the annual rent of upon the conditions and covenants following; ~aid.ren~ to be paid in term aforesaid, as follows: day of each and every month during the 2nd. That the Tenanl shall ta~e good care of the premises and shall, at the Tenant's own cost and expense make aH repairs and~at the end or other expiration of the term, shah deliver up the demised premises in good order or conddtion, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with ali statutes, ordinances, rules, orders, regulations and require- ments of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the ¢orrection, prevention, and abatement of nuisances or other grievances, in, upon, or connected wi~h s~d premises duHn~ said term; and shall also promptly comply with and execute aH rules, orders and reEulatlons of the NeW York Board of Fire U~derwri~ers, or any ot~er similar bbdy, at t~e Tenant's own cost and expense. 4~. T~t the Tenant, successors, ~eirs, executors or ~dmimistzators shall not assign this afreemant, or underlet or under- lease t~e premises, or.amy part thereof, or make ~y alterations on t~e premises, wlt~out the L~dlord's consent in writin~ occupy, or permit or s~er the same to he occupied for any b~fness or purpose deemed disreputable or extra-~azardous on a¢count of ~re, under the penalt~ of damafes and forfeiture, and in the even~ of a ~reach thereof, the term herein shall im- medfafeI~ cease and determine at the option of t~e Landlord as H it were the expiration of the orffimal term. ~. Tenant must give Landlord prompt notice of fire, accident, damage or dangero~ or defective condition. Ii t~e Premises cam not be used because of ~re or ot~er ¢asualty, Tenant is not required to pay rent for the time t~e Premises are unusable part of the Premises c~ nor be used, Tenant must pa~ rent for the usable part. Landlord shall ~ave t~e right to d~fde part of the Premises ~s usable.~-..,.~.~'--~' .......... ~ ~,,.~ zc~:z' ,,~' ~am~af pa;~ ~.-' ,~" ~,~ Landlord is required to repair or replace any equipment, ~xtures, furnishings or decorations unless originally instMled by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or ~ other cause not f~ly under Landlord's control If the ~re or other c~ualty is caus~ by ~ act or neglect et Tenant, Tenanfs employees or invltees, or at the time the fire or casualty Te~nt is in deiault in any term oi this Lea~, then all repairs wiIl be made at Tenants expense a~ Tenant must pay the iuH rent with no ad]ustment. The cost et the repairs will be add~ rent. L~,,dl~,d L~ ~l,~ ,,'aLi 2~ J~,,,~2iM, ~ ~L,flJ ~L~ ~,~Idfl,a if ~e_ ' ~ . ~-I d- ,, Landlo~ may cancel this Lease within 30 days alter the substantial fifo or casualty by ~i Landlord~ inten~on to demolis~ or rebaild. The Lease will end 30 days air--on notice to ~nt. ~ant must ddiver the Premises to Landlord~~,t° the d~ the or casual~. It th~~o~~ t~ Premises or Bui~g~ cancellatioa does not ~h~ch consent may be w~thhald for any reason or no reason whatsoever. -o~oq ;~7 ~o uo ~on o~ ~q7 saWed.om ~ o~ ~aodsa~ u! sas!m~d p~s Csu~ UO!l e aq ¢ou lleqS 7uo~zsu! s!q¢ ~q~ 'pzolpue~ oql to oo~a~H~ou oq~ o~ anp aq zo ~q pasneo oq ~ '~e za~aos~e~ pul~ ~ue to su3!s Jo ug!s ~ 'paO~ld oq o~ ~Ol~ zo asn~o zo 'aO~ld zoq~!au He~s ~uo~ oq~ · ~oualoyop ~n~ zot olq~!l a~oz ll~qS o~ '~n~ua~ aq~ o~ p~ed oq OZ ~ldans ~n~ 'pzolpn~7 sq¢ o~ onp ~oz3 o~ pn~ onp saga~qo or vlota~fon ct any o~er provlslon of tl~s lease, or upon the explra~io~ of de, auld, r~o~aI] expiation o~ l~se, or ~r~or to the iss~ce o~ ~e ~nal order or execution of the wa~ant, ~en and in that epee, t~ s~d ~xture$ ~d prop~tp sh~l be dee~d abandoned by the said Tenant and shah become the property of the Landlord, ~ 23r& ~ the eve~ that ~e rela~on of the L~dlord a~ Tenant map cease ox terminate b~ reason o[ the re-en~ o~ the ~an~' ~ ~e ter~ a~ ¢oV~ants ~nt~ned i~ t~s lease or b~ t~e ejectment of the Tenant ~ s~mm~ proceedings Ten,t, Jt i$ ~ereb~ ~xeed that the Tenant sh~l re~n the re-entrap' b~ ~e Landlord, and the Tenant s~¢h. dJNe~en~ ~,de~ency s~l ~ro~ ~me ¢o t~me be ascertained; and ~ ~o he pe~ormed sh~l in ~ise be a~ected, impaired or ~cused because L~dIord or 7~l~, ~O'~_ ~y.~'~;rco~l fo bc £~rnished by the Landlord to the Tenant, it is a~reed that there shall be no diminution or abatement the term £r~r~s]~ a~d fhe Tenant shall not he entitled to receive, any of such "services" during any period wherein the ~et~t in respect to ~he payment o~ rent. Neither shall there be any ~atement or diminution o~ ~ent because ~' ~P~, Jmpr~ements or decorations fo the demised premises ~ter the date a~ove ~xed lot t~e commencement of ~stood that rent shall, in any~eveut, commence to run at such date so a~ove ~xed. s~all not be Hable ~or ~allure to give possession of the premises upon commencement date by reason of the are uot ready [or occupancy or because a prior Tenant or any other person is wrong[ully holding over or po~ssioa, o~ for any ot~er reason. The rent shall ~ot commence untlI possession is given or is available, but s~H not be ext~ded. See Rider consisting of 3 p~ges attached hereto and made a part'thereof.' And the said Landlord doth covenant that the said Tenant on paying the sdd yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro- vided however, that tf~is covenant shall be conditioned upon t~ retentJon of title to t~e premises by t~e Landlord. ~ ~t i~ ~[[~ ~Hbtr~O~ a~ a~b that the covenants and agreements confined in the within lease shall be binding upon t~e pa~ies ~ereto and upon their respective successors, heirs, executors and administrators. ~ ~ ~grg~f, t~e p~ties hace interc~a~geably set their hands ~d seds (or caused these presents to be signed b~ their proper corporate o~cers and caused t~eir proper corporate seal to be hereto a~xed) t~is day ct ~ 2000 in theSi'ned'presenceSealedo, ~d deHvez,~ ' ~~X ) andl brd' ~ ~ 517~;: So--ice Presiaen~~ TOWN OF SOUTHOLD~. Tenant Title: Supervisor to p~oH e~ lo zepzo ~q pe~e os s~ ~! ~e~ :lees e~zodzoo ~ons ~ ~uomnz~su! pies o~ pex~e lees -~zodzoo p~s lo l~as ag~ s~ou~ o~S ~q~ ~$uamnz~su[ 2uzo3azot a~ 'pa~noaxa qo[q~ pge 'gl pauol~uam ploq~,nos ~o u~oj. to JOS.lAJodnS ez/;t s.t az/$ ~Z/~ atweo~ii~uoszad am azotaq · -~ ~uno~ ~llo=uns g!Jqnd../~el, oN ameo ~lleUOSZOd otu a.tota~O0~]8,1' RIDER TO LEASE BETWEEN NORTH FORK BANK,-LANDLORD AND TOWN OF SOUTHOLD. TENANT 29. Tenant shall, in furtherance of its revitalization plans for the downtown Mattituck area, construct a public plaza on the demised premises which shall include, among other things, the installation of a brick walk, planting beds, and tables, all as more specifically described on those certain plans initialed by Landlord and Tenant and datedas of April ,2000, prepared by ARCHITECIClNOLOGIES, Design and Construction Services, and approved by Landlord (the "Plans"), attached hereto as Schedule B and made a part hereof. 30: Beginning June 2000, Tenant shall pay annual rent in an amount equal to, ali annual real e.s~e t~s.asse~sed ,and due on the derrdsed prem~es by all state, county, and local taxing ~ut/hoff.lie~.. s~:~ rent shalt be payable on a~ semi-annual basis that shall correspond~ to ~the paYmer/t date 'for Lm/dlord's real estate tax bills for each and every year during the term of the Lease. 31. Tenant shall be responsible for maintaining the demised premises in a neat and clean manner. The costs qf any and all maintenance, repair and cleaning services including, but not limited to~ landscaping, snow removal, and garbage and refuse collection shall be the respons~ility of Tenant. 32. It is directly understood that Landlord has made no representation to Tenant as to the extent to which the demised premises herein may be used by Tenant for the use herein intended, and Tenant has satisfied itself with respect thereto. Tenant shall obtain at its own cost and expense any permits which may be required from any governmental authority in couneation with its use of the premises as contemplated herein. 33. Tenant shall make no alterations or improvemems to the demised premises other than those described on the Plans without the prior written consent of Landlord, which consent may be' granted or withheld in Landlord's sole discretion. With respect to the improvements to be made pursuant to the Plans and any additional improvements made pursuant to the terms of this Lease, Tenant shall in each instance hold Landlord and the demised premises forever harmless 9nd free and indemnl.fy each against all costs, damages, loss and liability of every kind and ch.ar~cter (h/clttding, but not limited to, attomeys' fees and costs arising from any action between I~andlord and Tenant or between Landlord and any third party or otherwise), which may be clmme¢t, asserted Or charged, including liabitity to adjacent owners, based on willful acts or acts of neglig~ o~ Tenant or its agents, contractors, or emplqyees, or on the failure of anY or either 0f them t~ observe and comply with any governmental law or regulation, and will preserve and hold Lac. ~dk~d and the demised premises forever free and clear from liens for labor and material furnished. 34. In the event that Landlord and/or Tenant is served with any notice, citation, summons or other docmnent alleging a violation of any law or regulation of governmental authority as a result of Tenant's actions, inactions or occupancy, Tenant shall hold harmless and inderunlfy Landlord regarding any such violation (whether or not proven) and Tenant agrees to pay any result/rig fines or penalties and promptly remedy any state of facts which gave rise to the violation. 35. Any notice required to be given under the terms of this Lease, or by any statute or ordinance now or hereafter in force, may be given personally, by overnight courier, or by certified mall, remm receipt requested, by enclosing such notice in a postpaid envelope directed as follows: (A) to the Landlord at P.O. Box 8914, 275 Broad Hollow Road, Melville, New York 11747, Attention: Facilities Management, or at such other address as the Landlord may from time to time designate in wtiting. Service of such notice shall be complete upon receipt or upon refusal or failure to claim certified mail. (B) m the Tenant at Town Hall, 53095 Main Road, P.O. Box 1179, Southold. New York 11971, Attention: Town Attorney, or at such other address as the Tep~t ma3, ~om time to time d~signate"in wriiJng. Service of such notice shall be complete upon receipt or upon refusal or failure to claim certified mail. 36. Tenant covenants to provide and keep in force, during the term of this Lease, for the benefit of the Landlord, general liability insurance pohcies in standard form protecting the Landlord against any liability whatsoever, occasioned by accidents or disasters, on or about the demised premises or any appurtenances thereto. Such policies are to be a combined single liability policy, written by good and solvent insurance companies, licensed to do business in the State of New York, in an amount not less than $5,000,000. Said policies shall name Landlord as an additional insured and Tenant shall supply proof of said coverage and shall contain mutual waiver of subrogation. Tenant indemnifies and holds harmless Landlord from and against any and all cost, expenses, damages and liability (including, but not limited to, attorneys' fees and costs arising from any action between Landlord and Tenant or between Landlord and any th/rd party or otherwise) arising out of Tenant's acts or omissions or its occupancy of the demised premises, or any injury to person or property occurring on the demised premises~ 37. If Tenant shall at any time be in default hereunder, and if Landlord shall institute an action or summary proceeding against Tenant based up.on such default, then Tenant will reimburse Landlord for the expense of attorneys' fees and disbursements thereby incurred by Landlord, so far as the same are reasonable in. mount. 38. Tenant accepts the demised premises "As Is" as of the date hereof and ac ~.knowledges that no r,~.~eata~i0n~ or promises have. been made with respect to the demised pr~ses e:~cept thos~ co~ainedherein. 39. All ina ovemento made by Tenant to or upon the demised premises shall, when made, immed ely /]eelned' t0 be a ach to the freehold, and bec~me the property of Landl0r~ an/] ~:~ei~end:~or o ~er expiration of the term, shall be surrendered to Landlord in as good order' an~ e0~idfl/°n as they were when installed, reasonable wear and damages by the elements~,accepted~ 40 Tenant represents that there was no broker who ncgotiated or consummated this Lease. Th~s Lease shall npt be binding upon Landlord until fully executed original cop~es are delivered by Larid!ord to Tenant. 41. Tenant agrees at any time and from time to time, upon not less than ten (10) days prior written reqpest .by Landlord, to execute, acknowledge and deliver to the Landlord a statement in writing certifying that this Lease is unmodified and in full force and effec~ (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the rent and other charges have been paid in advance, if any; it being i~ended that any such statement delivered pursuant to this Paragraph 41 may be relied upon by prospective purchaser of Landlord's .interest or mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the demised premises. 42. Tenant agrees to immediately notify Landlord of any damage that may occur or repairs that may be re,quired as they affect the demised premises or adjacent premises or public areas lea~ding to the ~demi~qed premises, whether or not such repairs or damages are the responsibility of Landlord Or Tenant. Likewise, Tenant agrees to immediately notify Landlord of Tenant's receipt' of vi~lati0ns, warnings, fines, summons, or citations as they affect the demised premises or the building housing same, whether they have been issued to Tenant or to anyone else. 43. Tenant acknowledges that possession of the demised prem~qes mt]st be surrendered to the Landlord at the expiration or sooner termination of the term of thisLease. Tenant agrees to indemnify and save Landlord harmless against costs, claims, loss or li.~b, ility, including, but not limited to, reasonable attorneys' fees resulting from' delay by Tenant in so surrendering the demised premises including, without limitation, any claims made by any succeeding tenant founded on such delay. The aforesaid provisions of this Paragraph 43 shall survive the expiration or sooner termination of the term of this Lease. 44. In addition to other events set forth elsewhere in this Lease, the following events shall constitute default by the Tenant: failure on the part of the Tenant to perform or obse..rye any covenant, term or condition of this Lease, which failure continues for a period of time as measured by the stated grace period, and if no grace period is stated, for a period of ten (10) days, or if it continues beyond the period of time necessary to cure if diligently pursued, whichever period of time first occurs. 45. Tenant covenants to peaceably and quietly surrender the premises upon the expiration or termination of this Lease, in its improved condition, less ordi/mry wear anlt tear. Tenant also covenants that Tenant will, at Landlord's option, remove and/or otherwise dispose of any and all of its personalty and fixtures which are not required to remain on the demised premises; and Tenant shall surrender the demised premises in a clean and orderly manner. 46. It~T~nant defaults in any of its duties and obligations herein, Landlord has the option to render such duties and obligations, including malting payments of sums drte and payable by the Tenant under this Lease; provided, however, that any such performance ~y the Landlord does not constitute a waiver of the Tenant's default. Any such payments made o.r[ duties and obligations rendered by Landlord under this paragraph shall be computed on a totlal cost basis as expended by Landlord, plus interest at legal rate, plus the total cost of same shall be charged back to Tenant, which sum shall be due and payable by Tenant upon presentation of bills. 4.7. Tenant agrees that the Tenant's recovery for any reason whatsoever uniter this Lease is limited to the Landlord's equity in the demised premises herein. 2 48. This Lease is subject and subordinate to any easements, restrictive covenants and rights of way that are now or hereafter may be placed against the demised premises, and the recording of such easements shall have preference and precedence and be superior in lien of this Lease, irrespective of the actual date of reco~:ding of such easements. Further, Tenant hereby consents to such easemenm, restrictive covenants and rights of way. Notwithstanding the fo~;egoing, the terms of this pro~ision shall not be construed to permit Landlord to limit or. otherwise int. erfere with Tenanfs, right to use or occupy the demised premises or the improYementS made thereon by Tenant in accordance with the terms of this Lease. 49. If any tax or assessment ch~ge or increase is amibuted to improvements made by Tenant, then it !? hereby agreed by Tenant that Tenant shall be responsible for paying the entire amountof the i~rease°J: ~ssessn:ient charges. Same shall be ~ue and payable by Tenan~ upon presentation by the Landlord to Tenant of the docments evidencing-such increase. 50. In the event of any conflicts or inconsistencies between the t ,eaTm. s and provisions of the printed portion o£ this Lease an{t the terms and provisions of this Rider, the terms and provisions, of this Rider shah govern and control. NORTH FORK BANK, Landlord Title: Senior Vice President TOWN OF'SOUTHOLD, Tenant Name. Jean W. Cochran Title: Supervisor SCHEDULE A All that certain plot, piece or pareel of land, situate lying and being,at Mattituck. Town,of Southold, County of Suffolk and. State of' New York,more particularly bounded and described as follows. BEGINNING at a point on the southerly side Of Pike Street Which is d~tant,t22 feet easterly as measured a~ong the southerly side of ~ike Street from the corner formed by the intersection 'of the easterIy side of Westphalia Avenue and the southerl7 s~de of Pike Street whfoh point of beginntnE is intended to be the point of inter- ,section Of t~he e~as=arlY L~xm ~f the land now or' formerly of Oliver and the sOUtherly s~d~ of Pike Street: ' North seconds East along of $0 feet ~o the land now the feet to of Pike degrees 11 minutes 40 seconds East of Ssmuels, a distance of 75 feet to North Fork Bank and ~rust Co,; 50 seconds West alone the land Trust Co., a distance of ~0 Oliver; 11 minu~es 40 seconds West alone the land Of 75 feet to the southerly side of BEGINNING. B.E.I~.,;~ ~:~ElxlDED.TO BE the same parcel of land conveyed by C&D Realty to The No~F6i:I~B~& Trust Co by deed dated March 17, 1982 and recorded in Liber 9159, Page 274. Dist. 1000 Sect. 141.00 Blk. 04.00 Lot. 002.000 PARCEL2 ALL that certain plot, piece or parcel of lan~, situate, lying and be- ing in the Hamlet of Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southeasterly line of Pike Street at the northeasterly corner of land of Everett L. Conklin; said point or place of beginning also distant 200 feet northeasterly as measured along the southeasterly side of Pike Street from its intersection with West- phalia ~venue; RUNNING THENCE south 29 degrees 36 minutes 30 seconds east alon~ said land of Everett L. Conklin, a distance of 75.07 feet to a POint; RUNNING THENCE north 56 degrees 51 minutes 30 seconds east along lands now or formerly of North Fork Bank and Trust Company a distance of 26.70 fee~; RUNNING THENCE north 33 degrees 11 minutes 40 seconds west along lands now or formerly of Orlowski a distance of 75.0S .feet to a point in the southeasterly line of Pike Street; RUNNING THENCE south 56 degrees 39 minutes 50 seconds west along the southeasterly line of Pike Street a distance of 22.00 feet to the concrete monument set at the point or place of BEGINNING. BEING AND INTENDED TO BE the same parcel of land conveyed by Tahir Can Deniz to The North Fork Bank & Trust Co. by deed dated June 28, 1984 and recorded in Liber 9593, Page 444. Dist. 1000 Sect. 141.00 Blk. 04.00 Lot. 003.000 SCHEDULE B Plans by ARCHITECHNOLOGIES, Design and Construction Services WlCKHAM. WlCKHAM & tBRE$$LER, P.~ March 2%, 1983 Office of the Supervisor Town of Southold Main Ro~d Southold, NY 11971 Att: Wiiiigm R. Pell III Supervisor Re: The North Fork Bank & Trust Company Extension of Lease Agreement Mattituck Parking Facility Dear Bill: Mr. Kanas has advised~ me that the to a six'month extension for the above October 12, 1983. Bank is agreeable project until Very truly yours, Abigail A. Wickham AAW:epu cc: Mr. John A. Kanas LE~SE AGREEMENT AGREEMENT made %hisj~ day of April, 1982~ between NORTH FORK BANK & TRUST CO., a New York banking corporation with principal piece of business at 255 Love Lane, Mattituck, New York 11952, and The Town of Southold, a municipal corporation with office and principal place of business at 53095 Main Road, Southold, New Ycrk 11971. 1. Lease: The Bank leases to the Town for a public parking facility that parcel of real property ~t Mattituck, Town Of Southol~, Suffolk County, New York, described as follows: bounded North by Pike Street, West by Westphalia Avenue, South by the Protestant Episcopal Church' and The Town of Southold, East by Langer and the extension southerly such line. of 3. Rent: The Town shall pay mo the Bank the snm per year mn advance for each year of the lease. 4. Improvements: The Town shall, at its own cost and expense, improve the leased premises in substantially the design indicated on "Preliminary sketch - Mattituck Parking Area" prepared by Yonng & Youngf Land S~rveyors, of $1.00 2. Term: The Lease shall contme~ce April 13, 1982, and run for a period of ten (10) years. Thereafter~ the the lease shall be automatically extended year to year unless either party delivers written notice of cancellation sixty (60) days prier to the termination of the then current term. dated January 5, 19R2, 1982, except that the driveway across the southern-most portion of the leased premises shall be one-way only toward Love Lane. Adequate paving and drainage shall be installed by the Town. Such improvements are to be completed within One (1) year from the date of this Agreemeat. The improvements shall progress to afford uninterrupted and unobstructed access to the Bank's drive-in facilities from Pike Street. The portion o~ the premises denoted on the sketch as "4 cars Bank employees reserved for bank employee parking only. At of the Lease term or any extension or renewal only" shall be the expiration thereof~ all improvements shall become the property of the Bank and the Town shall not be entitled To any compensation ~herefor, except as set forth herein. 5. Easement Agreement: The parties are executing an easement agreement simultaneously herewith. The obligations of the Town contained therein are incorporated by reference herein. The improvements on the leased parcel and the parcel to be acquired by the Town as described in the Easement Agreement shall be made such that the ingress and egress leased parcel shall meet and correspond with the aisle and the Bank's right-of-way over the parcel over the westerly to be acquired. 6. Re'ser~tion of ~c'cess: North Fork Bank & Trust CO. hereby reserves the r~ght to ingress and egress over the leased parcel from Pike Street to its property, -2- (b) from Schedule C portion of be (a) over a 24' aisle substantially as the sketch from Pike Street to land of the Town and the easnerly end of the right of way described in of the Easement Agreement over the southerly the leased pr~ises to land of the Bank, substantiaI~y as shown on the sketch, the latter to be reserved exclusively for tke use of the Bank. 7. Ba~k Contribution: the sum of $10,000.00 toward the made. The Town shall be solely responsible and repair. 8. Par'king: Bank employees The Bank shall contribute improvements required ~o be for maintenance unrestricted right to park in the town by this term and the town lot to of the bank during Bank business this .lease or any renewal or exmension thereof. 9. Easement on 'Termination of Lease: terminaticn of this Lease or any the Bank shall grant to the Town for ingress and ~gress over the shall have the free and parking lots covered be terminated ~o the south hours, during the term of Upon the e~ension or renewals thereof, a non-exclusive 24' easement leased premises from the northerly end of the westerly aisle of the Town's pa~king area on the parcel to be acquired by the Town to the south of the leased premises to either Westphalia Aven~e or Pike Street, such location to be solely within the discretion of the Bank. This provision shall s~rvzve the termination of the Lease and be forever binding on the parties. 10. Pike 'Street Parking Lot: It is understood that the ~ank intends to convert ?ike. Street to office space. the former Levine Building on In the event additional off- street parking is required by the Planning Board mn connection w~th its site plan approval~ the Town agrees to release and terminate its lease of the parking area bounded North by Long Islan~ Railroad, East by Love Lane, So~th by Pike Street and West by Westphalia Aven~e upon 30days prior wrinnen request of the Bank. 11. Use of premises, Assignment, Miscellaneous: d~ring the term hereoff ~nd exten~i0ns or renewals thereof, The Town shall au all times/maintain ~e premises as a public parking facility. ~he Lease ~ay not be assigned or sublet without the written pi~ ?mission of the Bank. This signed writing and shall laws of New York. This parties, their successors Agreement may be modified only by a be construed ~n accordance w~th the agreement shall be binding upon the and assigns. emecuted IN WITNESS WHEREOF, the parties have this ~ day of April, 1982. THE NORTH FORK BANK & TRUST CO. /-% By: THE TOWN/ SOUT O Agreement STATE OF NEW YORK) ) COUNTY OF SUFFOLK) of April, 1982, -4- before me personally to me known On the/~th day appeared ~ /2~2~/~7 who, being duly sworn, did depose and say that'he resides at that he is the ~ of The North Fork Bank & Trust Co., one of the Corporations described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said i~st~ument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto b~ like order. otar P~hlic STATE OF NEW YORK) ~'~ ~~ ) ss.: Commissk, nExph~M~h3~ COUNTY OF SUFFOLK) On the ~th daM of April, 1982, before me personally being by me duly sworn~ did depose and say that he resides that he is the ~i~oA of the Town of Southold, one of--the corporations described in and which executed the foregoing instrumentF that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; tkat it was so affixed by order of the Board of Directors of said corporation, and that he signed his na~e thereto by like order. , ROBOT W. T~K~ N~Y P~BLIC, S~te ~ New York No. 52-38337~,.S~?~k ~u~ Term Ex~ims ~arc~ 20, 1985 / . SI~IIT~[, ~ASItEI{, ~I/~ELSTEIN A_AYD L%-NDBER* December 2, 1966 lion. Albert W. Richmond Southold Town Clerk Southold, New York Re: Lease of Parking Field at 1VIattituck from North Fork Bank and Trust Co Dear Albert: Enclosed is a lease between the North Fork Bank and the Town of Southold for /he parking field on the north side of Pike Street (adjacent To the Long Island Rail Road). You will note thai the lease is for a term of one year commencing December 1, I966 and is automatically renewable unless either party gives thirty days notice of %ermination. The annual rent is $1.00 which has been paid for the first year. This lease should be filed ~n your office and I would suggest that yoa make a note bn your calendar to inform the Supervisor prior to December in each year to pay the $1.00 annual rent. Yours very truly, ROBERT W. TASKER R~ZT:MY Enclosure made the ~_./.~. day o£ November. one thousand nine hundred and BETWEEN T~ NORTH FORK ~ AND TROT CO~Y, a dom~c corpo~tion ha~g i~ p~pal p~ce of b~s a~ ~a~ ~ of So,hold. Co~y of S~olk ~ S~a~ of New Yor~ p~y of ~e f~ ~ ~d New York, of the second part WITNESSETH, that the said party o£ the 5rst par~ ha .~ letten and by these presents does grant, demise, and to farm let, unto the said part y o£ the second part, and the said part y o£ the second part ha ~ hired and taken and hy these presents do CS hire and take of and from the part y oi the 6rat part, aL! that piece or paget of vacaP~ ~d ;si~a~e at M~c Town of Sou~otd, ~ of S~o!k ~d S~{e of New York. more f~y ~d~ a~ descend as Beg-L~ng at an iron pipe a! -~he intersection of ~e no~herly ~ne of P~e Street ~d ~e ~es%erly l~e of ~ve ~e; ~ence S. 5S° ~9~ 5~" ~. 10O fee~; z [, %hence S. 0O..E. l~.35'ee' ~hence ~. 32° 00' Vt. 35.01 fee~; ~hence N. 45° 43' " - with the appurtenances, [or the term of ort~ year from the and s~y-SiX day of Decei/lber, one thousand nine hundred at the yearly rent or sum of One ($1.00) Dol/a.r to be paid in o~e equal p:ayments~ irt advance.. AND it is agreed ~hat if any rent shall be due and nnpald, or ii de£auIt shah be made in any of the covenants herein contained, then it shall he lawful for the said part y of the ~zst part to re-enter the aa;d premises and the same to have again, to re-possess a_nd to en]oy. AND the said part y of the secoud-p~rt do es cbvenant to pay ~nto the said part ~ of the ~rst part the yearly rent as herein specf~ed. /kND that at the expiration o£ the said term the said part ~ o£ the second part wtlI quit and surrender the premises hereby dem~se~, in as good ~ate a~d cond~Ho~ a~ ~easo~able use a~d wear iheteoi wH] pe~t. damages by t~e elements e~cepted. of such expenses as may b~~aymem of ~he rent du~ by ~hese p~e~~ to the said part of the second ~ seco~eby c~e- AND the ~id part ~ of the 6rst p~t doe~ covenant that the said par~ of the second part, on paying the said yearly rent. and penciling the covenants aforesaid, shah and ~ay peaceably and ~uietly have. hold and enjoy the said 'de,xed premises for the term aforesaid. This i~trument may not be Changed o~ally. IN WITNESS WHEREOF. the parties to these presems have hereunto set their hands and seals the day ~d year ~st above written. Sealed and delivered in the presence o£ The l~or~{~ Fork ~nk TSE NOR~T~t FORK ~NK President To~n of So~hol d T~ TOWN O~ SOUTi{OLD ~/ Supervisor (Seal) STATE Ot~ t ss.: COUNTY OR On the day o£ be£ore ~e came · nineteen hundred ~nd to me k~own and known to me to be t~e indivldual described in, and w]~o executed, the £oregolng iq- strurnent, a~d acknowledged to me that he executed the same. STATE O~ Isa.: COUNTY 0~. On the day o£ before rne came being by me duly sworn, did depose and say that that he ~ the o£ , nineteen hundred and he resides in the corporation described in, and which executed, the foregoing ]nstrnment; that he knows the seaI o£ said corporation; thai the seal aiExed ~o ~aid instrument is such corporate seal; that it was so aEExed by order o£ the board of o£ said corporation; and that he signed.~ name thereto h~ like order. IN CONSIDERATION of the letting of the premises within mentioned to the wltt~ named and the sv~ o£ one dollar to me p~d by ~e p~rt oi ~e 6rst part do hereb~ covenant ~d ~gree, to ~d wf~ t~e part of the Erst pa~ abo~ named, and legal zepresenfadves, ~at f~ default shah at any time be made by the s~d _ in the payment of f~e rent a~ p¢t~orm~ce of ~e cove~ts con- tained in t~e witMn lease on pa~ to be paid and performed, that ~ill wee and truly pay the said re=t. or an7 arrears thereof, that may remain d~e ~nto t~e said part o~ the Erst p~, a~ Mso aH dz~ges t~at may ar]se in consequence oi ~e non-performance oi s~d coven~t, or either ot them, wlt~o~t reqm~i=g notice of an~'s~c~ defa~t ~o~ the said pa~ of t~e Erst part. t~e year o~e t~o~z~d ~e h~dred ~d ~it~ess ...............................................................................