HomeMy WebLinkAboutRothmans Department Store ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
I~LARRIAGE OFFICER
RECORDS ~LA24AGEMENT OFFICER
FREEDOM OF INFORS, L~.TION OFFICER
To~vn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax ~631) 765-6145
Telephone (631) 765-1800
southoldt own.nort hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 723 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON OCTOBER 5, 2004:
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Lease Agreement between Rothman's
Department Store and the Town of Southold for the property used as a municipal parking lot,
south of Traveler Street, Southold, for a two (2) year period from June 1, 2002 through May 31,
2004, at an annual rent of $200.00, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
NL~.RRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORS, LA. TION OFFICER
To~vn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631'1 765-6145
Telephone (631) 765-1800
sout holdtown.nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 632 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 24, 2004:
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Lease Al~reement between Rothman's
Department Store and the Town of Southold for the property used as a municipal parking lot,
south of Traveler Street, Southold, for a two (2) year period from June 1, 2004 through May 3l,
2006, at an annual rent of $200.00, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
LORI HULSE MONTEFUSC?
ASSISTANT TOWN ATTORNEY
lori.monte fusco~,towu.southo]d.ny.us
JOSHUA Y. HORTON
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Subject:
Elizabeth A. Neville, Town Clerk
Patricia A. Finnegan, Esq.
Town Attorney
October 22, 2004
Lease Agreement Between Rothman's Department Store
and the Town of Southold
For your records, attached is a fully executed original Lease Agreement in
connection with the parking lot on Traveler Street for the term commencing on
June 1,2004 through May 31,2006 in connection with the referenced matter.
Also attached is an original, executed Lease Agreement for the previous two-
year term.
if you have any questions, please feel free to call me. Thank you for your
attention.
PAF/Ik
Enclosures
LEASE AGREEMENT
THIS AGREEMENT between ROTHMAN'S DEPARTMENT STORE,
having its offices at Main Road, Southold, New York, as Landlord, and TOWN
OF SOUTHOLD, a municipal corporation of the State of New York, having its
offices at 53095 Main Road, Southold, New York, as Tenant,
WITNESSETH:
The Landlord hereby leases to the Tenant the following premises for the term of
two (2) years to commence from the 1st day of June, 2002, and to end on the
31st day of May, 2004, to be used and occupied only for Municipal Parking
Purposes upon the conditions and covenants following:
ALL that certain piece of land situated at Southold, Suffolk County, New
York, described as follows: beginning at a point on the southerly line of Traveler
Street, 137.25 feet easterly along said southerly line from Beckwith Avenue, said
point of beginning being 34.01 feet easterly along said southerly line from the
northwesterly corner of land of the Landlord; from said point of beginning running
along said southerly line of Traveler Street, North 71 degrees 30 minutes 20
seconds East 25.01 feet; thence along said land of the Landlord, South 16
degrees 59 minutes 20 seconds East 161.40 feet to land of Czartosieski; thence
along said land of Czartosieski South 74 degrees 09 minutes 50 seconds West
25.01 feet; thence along said land of the Landlord North 16 degrees 59 minutes
20 seconds West 160.26 feet to the point or place of beginning.
FIRST. That the Tenant shall pay the annual rent of TWO HUNDRED
($200.00) DOLLARS to be paid upon the execution of this agreement. The
Tenant shall have the right to grade, fill and surface the premises and to
otherwise improve the premises for use as a means of ingress and egress to and
from other premises leased by the Tenant for municipal parking purposes
adjacent to these premises on the north.
SECOND. That the Tenant shall take good care of the premises and shall, at
the Tenant's own cost and expense make all repairs and at the end or other
expiration of the term, shall deliver up the demised premises in good order or
condition, damages by the elements excepted.
THIRD. That the Tenant shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements of the Federal,
State and Local Governments and of any and all their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of
nuisances or other grievances, in, upon, or connected with said premises during
said term; and shall also promptly comply with the execute all rules, orders and
regulations of the New York Board of Fire Underwriters, or any other similar
body, at the Tenant's own cost and expense.
FOURTH. That the Tenant, successors, heirs, executors or administrators
shall not assign this agreement, or underlet or underlease the premises, or any
part thereof, or make any alterations on the premises, without the Landlord's
consent in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
FIFTH. The said Tenant agrees that the said Landlord and the Landlord's
agents and other representatives shall have the right to enter into and upon said
premises, or any part thereof, at all reasonable hours for the purpose of
examining the same, or making such repairs or alterations therein as may be
necessary for the safety and preservation thereof.
SIXTH. That if default were made in any of the covenants herein contained,
then it shall be lawful for the said Landlord to re-enter the said premises, and the
same to have again, re-possess and enjoy. The said Tenant hereby expressly
waives the service of any notice in writing of intention to re-enter.
SEVENTH. That this instrument shall not be a lien against said premises in
respect to any mortgages that are now on or that hereafter may be placed
against said premises, and that the recording of such mortgage or mortgages
shall have preference and precedence and be superior and prior in lien of this
lease, irrespective of the date of recording and the Tenant agrees to execute
without cost, any such instrument which may be deemed necessary or desirable
to further effect the subordination of this lease to any such mortgage or
mortgages, and a refusal to execute such instrument shall entitle the Landlord, or
the Landlord's assigns and legal representatives to the option of canceling this
lease without incurring any expense or damage and the term hereby granted is
expressly limited accordingly.
EIGHTH. It is expressly understood and agreed that in case the demised
premises shall be deserted or vacated, or if default be made in the payment of
the rent or any part thereof as herein specified, or if, without the consent of the
Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be
made in the performance of any of the covenants and agreements in this lease
contained on the part of the Tenant to be kept and performed, or if the Tenant
shall fail to comply with any of the statutes, ordinances, rules, orders, regulations
and requirements of the Federal, State and Local Governments or of any and all
their Departments and Bureaus, applicable to said premises, or if the Tenant
shall file or there be filed against Tenant a petition in bankruptcy or arrangement,
or Tenant be adjudicated a bankrupt or make an assignment for the benefit of
creditors or take advantage of any insolvency act, the Landlord may, if the
Landlord so elects, at any time thereafter terminate this lease and the term
hereof, on giving to the Tenant five days' notice in writing of the Landlord's
intention so to do, and this lease and the term hereof shall expire and come to an
end on the date fixed in such notice as if the said date were the date originally
fixed in this lease for the expiration hereof. Such notice may be given by mail to
the Tenant addressed to Southold Town Hall, P.O. Box 1179, 53095 Main Road,
Southold, NY 11971-0959.
NINTH. The failure of the Landlord to insist upon a strict performance of any
of the terms, conditions and covenants herein, shall not be deemed a waiver of
any rights or remedies that the Landlord may have, and shall not be deemed a
waiver of any subsequent breach or default in the terms, conditions and
covenants herein contained. This instrument may not be charged, modified,
discharged or terminated orally.
-3-
TENTH. If the whole or any par~ of the demised premises shall be acquired
or condemned by Eminent Domain for any public or quasi public use or purpose,
then and in that event, the term of this lease shall cease and terminate from the
date of title vesting in such proceeding and Tenant shall have no claim against
Landlord for the value of any unexpired term of said lease. No pad of any award
shall belong to the Tenant.
ELEVENTH. If after default in payment of rent or violation of any other provision
of this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior to
such said default, removal, expiration of lease, or prior to the issuance of the final
order or execution of the warrant, then and in that event, the said fixtures and
property shall be deemed abandoned by said Tenant and shall become the
property of the Landlord.
TWELFTH. In the event that the relation of the Landlord and Tenant may cease
or terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this lease or by the ejectment of the Tenant by summary
proceedings or otherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
monthly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained, the difference between the rent reserved and
the rent collected and received, if any, by the Landlord during the remainder of
the unexpired term, such difference or deficiency between the rent herein
reserved and the rent collected if any, shall become due and payable in monthly
payments during the remainder of the unexpired term, as the amounts of such
difference or deficiency shall from time to time be ascertained; and it is mutually
agreed between Landlord and Tenant that the respective parties hereto shall and
hereby do waive trial by jury in any action, proceeding or countemlaim brought by
either of the parties against the other on any matters whatsoever arising out of or
in any way connected with this lease, the Tenant's use or occupancy of said
premises, and/or any claim of injury or damage.
-4-
THIRTEENTH. This lease and the obligation of Tenant to pay rent
hereunder and perform all of the other covenants and agreements hereunder on
part of Tenant to be performed shall not be affected, impaired or excused
because Landlord is unable to supply or is delayed in supplying any service
expressly or impliedly to be supplied or is unable to make, or is delayed in
making any repairs, additions, alterations or decorations or is unable to supply or
is delayed in supplying any equipment or fixtures if Landlord is prevented or
delayed from so doing by reason of governmental preemption in connection with
a National Emergency or in connection with any rule, order or regulation of any
department or subdivision thereof of any governmental agency or by reason of
the condition of supply and demand which have been or are affected by war or
other emergency.
FOURTEENTH. Landlord shall not be liable for failure to give possession of
the premises upon commencement date by reason of the fact that premises are
not ready for occupancy or because a prior Tenant or any other person is
wrongfully holding over or is in wrongful possession, or for any other reason. The
rent shall not commence until possession is given or is available, but the term
herein shall not be extended.
FIFTEENTH. Tenant may place signs indicating that the subject property
is for Town parking purposes.
SIXTEENTH. It is understood and agreed by and between the parties
hereto that the Tenant shall include the demised premises in Commercial
General Liability Policy of the Town of Southold.
And the said Landlord doth covenant that the said Tenant on paying the
said 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, provided however, that this covenant shall be conditioned upon
the retention of title to the premises by the Landlord.
And it is mutually understood and agreed that the covenants and
agreements contained in the within lease shall be binding upon the parties hereto
and upon their respective successors, heirs, executors and administrators.
-5-
IN WITNESS WHEREOF, the parties have interchangeably set their
hands and seals (or caused these presents to be signed by their proper
corporate officers and caused their proper corporate seal to be hereto affixed)
,2004.
this /.~"-day of ~
Signed, sealed and delivered
In the presence of
Rothman's Del~m't4nent Store
Robed Rothman
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
Town of.,~uthold
shua Y. Horton, Supervisor
Onthe /~'"
day of / ~" ~ , 2004, before me personally came
ROBERT ROTHMAN, to me kno"~n and known to me to be the individual
described in, and who executed, the foregoing instrume, l~, and acknow, ledged to
me that he executed the same in his capacity as ...V//..¢ ~ .~ for
Rothman's Depa~ment Store.
~,~,-. , Nota~ P~blic -
STATE OF NEW ~ r),~
) SS.:
COUNTY OF SUFFOLK)
On the ~c,~ncf day of /"~ , 2004, before me personally came
JOSHUA Y. HORTON, to me known, who, being by me duly sworn, did depose
and say that he is the Supervisor of the Town of Southold, the municipal
corporation mentioned in, and which executed, the foregoing instrument; that he
knows the seal of said municipal corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the Southold
Town Board; and that he signed his name thereto by like order.
Notary F~ublic !
LINDA d COOPER
NOTARY PUBLIC, State of New
NO. 01CO4822563, Suffolk Cou.,nt~
Term Expirea D~c~mi~r ~t, ~
-6-
LEASE AGREEMENT
THIS AGREEMENT between ROTHMAN'S DEPARTMENT STORE,
having its offices at Main Road, Southold, New York, as Landlord, and TOWN
OF SOUTHOLD, a municipal corporation of the State of New York, having its
offices at 53095 Main Road, Southold, New York, as Tenant,
WITNESSETH:
The Landlord hereby leases to the Tenant the following premises for the term of
t~vo (2) years to commence from the Ist day of June, 2004, and to end on the
31st day of May, 2006, to be used and occupied only for Municipal Parking
Purposes upon the conditions and covenants following:
ALL that certain piece of land situated at Southold, Suffolk County, New
York, described as follows: beginning at a point on the southerly line of Traveler
Street, 137.25 feet easterly along said southerly line from Beckwith Avenue, said
point of beginning being 34.01 feet easterly along said southerly line from the
northwesterly corner of land of the Landlord; from said point of beginning running
along said southerly line of Traveler Street, North 71 degrees 30 minutes 20
seconds East 25.01 feet; thence along said land of the Landlord, South 16
degrees 59 minutes 20 seconds East 161.40 feet to land of Czartosieski; thence
along said land of Czartosieski South 74 degrees 09 minutes 50 seconds West
25.01 feet; thence along said land of the Landlord North 16 degrees 59 minutes
20 seconds West 160.26 feet to the point or place of beginning.
FIRST. That the Tenant shall pay the annual rent of TWO HUNDRED
($200.00) DOLLARS to be paid upon the execution of this agreement. The
Tenant shall have the right to grade, fill and surface the premises and to
otherwise improve the premises for use as a means of ingress and egress to and
from other premises leased by the Tenant for municipal parking purposes
adjacent to these premises on the north.
SECOND. That the Tenant shall take good care of the premises and shall, at
the Tenant's own cost and expense make all repairs and at the end or other
expiration of the term, shall deliver up the demised premises in good order or
condition, damages by the elements excepted.
-1-
THIRD. That the Tenant shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements of the Federal,
State and Local Governments and of any and all their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of
nuisances or other grievances, in, upon, or connected with said premises during
said term; and shall also promptly comply with the execute all rules, orders and
regulations of the New York Board of Fire Underwriters, or any other similar
body, at the Tenant's own cost and expense.
FOURTH. That the Tenant, successors, heirs, executors or administrators
shall not assign this agreement, or underlet or underlease the premises, or any
part thereof, or make any alterations on the premises, without the Landlord's
consent in writing; or occupy, or permit or suffer the same to be occupied for any
business or purpose deemed disreputable or extra-hazardous on account of fire,
under the penalty of damages and forfeiture, and in the event of a breach
thereof, the term herein shall immediately cease and determine at the option of
the Landlord as if it were the expiration of the original term.
FIFTH. The said Tenant agrees that the said Landlord and the Landlord's
agents and other representatives shall have the right to enter into and upon said
premises, or any part thereof, at all reasonable hours for the purpose of
examining the same, or making such repairs or alterations therein as may be
necessary for the safety and preservation thereof.
SIXTH. That if default were made in any of the covenants herein contained,
then it shall be lawful for the said Landlord to re-enter the said premises, and the
same to have again, re-possess and enjoy. The said Tenant hereby expressly
waives the service of any notice in writing of intention to re-enter.
SEVENTH. That this instrument shall not be a lien against said premises in
respect to any mortgages that are now on or that hereafter may be placed
against said premises, and that the recording of such mortgage or mortgages
shall have preference and precedence and be superior and prior in lien of this
lease, irrespective of the date of recording and the Tenant agrees to execute
without cost, any such instrument which may be deemed necessary or desirable
-2-
to further effect the subordination of this lease to any such mortgage or
mortgages, and a refusal to execute such instrument shall entitle the Landlord, or
the Landlord's assigns and legal representatives to the option of canceling this
lease without incurring any expense or damage and the term hereby granted is
expressly limited accordingly.
EIGHTH. It is expressly understood and agreed that in case the demised
premises shall be deserted or vacated, or if default be made in the payment of
the rent or any part thereof as herein specified, or if, without the consent of the
Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be
made in the performance of any of the covenants and agreements in this lease
contained on the part of the Tenant to be kept and performed, or if the Tenant
shall fail to comply with any of the statutes, ordinances, rules, orders, regulations
and requirements of the Federal, State and Local Governments or of any and all
their Departments and Bureaus, applicable to said premises, or if the Tenant
shall file or there be filed against Tenant a petition in bankruptcy or arrangement,
or Tenant be adjudicated a bankrupt or make an assignment for the benefit of
creditors or take advantage of any insolvency act, the Landlord may, if the
Landlord so elects, at any time thereafter terminate this lease and the term
hereof, on giving to the Tenant five days' notice in writing of the Landlord's
intention so to do, and this lease and the term hereof shall expire and come to an
end on the date fixed in such notice as if the said date were the date originally
fixed in this lease for the expiration hereof. Such notice may be given by mail to
the Tenant addressed to Southold Town Hall, P.O. Box 1179, 53095 Main Road,
Southold, NY 11971-0959.
NINTH. The failure of the Landlord to insist upon a strict performance of any
of the terms, conditions and covenants herein, shall not be deemed a waiver of
any rights or remedies that the Landlord may have, and shall not be deemed a
waiver of any subsequent breach or default in the terms, conditions and
covenants herein contained. This instrument may not be charged, modified,
discharged or terminated orally.
-3-
TENTH. If the whole or any part of the demised premises shall be acquired
or condemned by Eminent Domain for any public or quasi public use or purpose,
then and in that event, the term of this lease shall cease and terminate from the
date of title vesting in such proceeding and Tenant shall have no claim against
Landlord for the value of any unexpired term of said lease. No part of any award
shall belong to the Tenant.
ELEVENTH. If after default in payment of rent or violation of any other provision
of this lease, or upon the expiration of this lease, the Tenant moves out or is
dispossessed and fails to remove any trade fixtures or other property prior to
such said default, removal, expiration of lease, or prior to the issuance of the final
order or execution of the warrant, then and in that event, the said fixtures and
property shall be deemed abandoned by said Tenant and shall become the
property of the Landlord.
TWELFTH. In the event that the relation of the Landlord and Tenant may cease
or terminate by reason of the re-entry of the Landlord under the terms and
covenants contained in this lease or by the ejectment of the Tenant by summary
proceedings or otherwise, or after the abandonment of the premises by the
Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in
monthly payments the rent which accrues subsequent to the re-entry by the
Landlord, and the Tenant expressly agrees to pay as damages for the breach of
the covenants herein contained, the difference between the rent reserved and
the rent collected and received, if any, by the Landlord during the remainder of
the unexpired term, such difference or deficiency between the rent herein
reserved and the rent collected if any, shall become due and payable in monthly
payments during the remainder of the unexpired term, as the amounts of such
difference or deficiency shall from time to time be ascertained; and it is mutually
agreed between Landlord and Tenant that the respective parties hereto shall and
hereby do waive trial by jury in any action, proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever arising out of or
in any way connected with this lease, the Tenant's use or occupancy of said
premises, and/or any claim of injury or damage.
-4-
THIRTEENTH. This lease and the obligation of Tenant to pay rent
hereunder and perform all of the other covenants and agreements hereunder on
part of Tenant to be performed shall not be affected, impaired or excused
because Landlord is unable to supply or is delayed in supplying any service
expressly or impliedly to be supplied or is unable to make, or is delayed in
making any repairs, additions, alterations or decorations or is unable to supply or
is delayed in supplying any equipment or fixtures if Landlord is prevented or
delayed from so doing by reason of governmental preemption in connection with
a National Emergency or in connection with any rule, order or regulation of any
department or subdivision thereof of any governmental agency or by reason of
the condition of supply and demand which have been or are affected by war or
other emergency.
FOURTEENTH. Landlord shall not be liable for failure to give possession of
the premises upon commencement date by reason of the fact that premises are
not ready for occupancy or because a prior Tenant or any other person is
wrongfully holding over or is in wrongful possession, or for any other reason. The
rent shall not commence until possession is given or is available, but the term
herein shall not be extended.
FIFTEENTH. Tenant may place signs indicating that the subject property
is for Town parking purposes.
SIXTEENTH. It is understood and agreed by and between the parties
hereto that the Tenant shall include the demised premises in Commercial
General Liability Policy of the Town of Southold.
And the said Landlord doth covenant that the said Tenant on paying the
said 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, provided however, that this covenant shall be conditioned upon
the retention of title to the premises by the Landlord.
SEVENTEENTH. Either party may, with thirty (30) days written notice,
effectively terminate this Contract. Any remaining balance due or owed shall be
determined on a pro-rated monthly basis.
-5-
And it is mutually understood and agreed that the covenants and
agreements contained in the within lease shall be binding upon the parties hereto
and upon their respective successors, heirs, executors and administrators.
IN WITNESS WHEREOF, the parties have interchangeably set their
hands and seals (or caused these presents to be signed by their proper
corporate officers and caused their proper corporate seal to be hereto affixed)
this /.2.- day of 4"/~_.7'~ ,2004.
Signed, sealed and delivered
In the presence of 4~u[hma..n's Depattn~t Store
Robert Rothman
STATE OF NEW YORK )
) SS.
COUNTY OF SUFFOLK)
Town of Southold
Joshua ~. Horton, Supervisor
On the /] day of , 2004, before me personally came
ROBERT ROTHMAN, to me k known to me to be the individual
described in, and who executed, the foregoing instru.0~nt, and acknowledged to
me that he executed the same in his capacity a~--~¢*"..~.~ ~.~-/- for
Rothman's Department Store. ~./.¢.
No lic
ci3te 0t f; .
· .~17~
-d-
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK)
On the o.2,~¢'day of ~.--,~, 2004, before me personally came
JOSHUA Y. HORTON, to me known, who, being by me duly sworn, did depose
and say that he is the Supervisor of the Town of Southold, the municipal
corporation mentioned in, and which executed, the foregoing instrument; that he
knows the seal of said municipal corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the Southold
Town Board; and that he signed his name thereto by like order.
Notary'Public v ,
UNDA d COOPER
NOTARY PUBLIC, State of New Ym*k
-?-
ELIZABETI-I A. NEVILLE
TO~WN CLERK
REGISTRAR OF VITAL STATISTICS
MARRLkGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOtLM~TION OFFICER
Town Hall, 53095 MainRoad
P.O. Box 1179
Southold, New York 11971
Fax 631) 765-6145
Telephone (651) 765-1800
OFFICE OF TI-IE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO GERTI,FY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON JUNE 6. 2000:
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to Supervisor Jean W. Cochran to execute a lease agreement
between Rothman's Department Store and the Town of Southold for the property
used as a municipal parking field, south of Traveler Street, Southold. for a
two (2) year peried from June 1, 2000 through May 31, 2002, at an annual
rent of $200.00; said agreement all in accordance with the approval of
the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
June 6. 2000
ELIZABETH A. NEVILLE
TOWN CLERK
P~GISTRAR OF VITAL STATISTICS
1VIARRL~GE OFFICER
RECORDS 1VLkNAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 1197t
Fax (631) 765-6145
Telephone (63~,765-~$00
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 1~ 2000
Robert Rothman
Rothman's Department Store
Main Road
Southold, New Yo~k 11971
Dear Mr. Rothman:
The Southold Town Board at their ~gular meeting held on. June 6,
2000 a'dopted a resolution to increase~ the annual rent to. $200.00 on your
property for the municipal parking field. I have submitted a voucher to
the Accounting Department for the June 20, 2000 audit. You will be
receiving your check directly from the Accounting Departmen~ shortly after
then. Thank you for your continued cooperation.
Very truly yours,
Southold Town Clerk
Enclosures
BETW~,EN
ROT'RMAN'S DEPARTMENT STORE. having its offices at Southold, New York,
and
the TOWN OE SOUTHOLD, a municipal corporation of State of New Yo~k,
having its offices at 53095 Main Road, Southold, New York,
The LandIord hereby leaaes to the Tenant the following premises:
(See Rider Attached Hereto)
for the term oi Two (2) years
to commence from the 1 st
31st day o£ May,
day ct Ju ne; 2000 and to end on the
20'02 to be used. and occupied only for
Municipal Parking Purposes
upon the conditions and covenants following:
lat. That the Tenant sh~l pa~ fha annaa/re~ ct T'~0 HUNDRED ($20.0.00) -. DOLLARS to
be paid upon the execution of this agreement.
The Tenant shall have the right to grade, fill and surface the premises and to
otherwise improve the premises for use as a means of ingress and egress to and
from other p?mises leased by the Tenant for municipal parking purposes adjacent
to these prermses on the north.
2nc~. That the Tenant sha~i take good care o~ the premises and shall, at the Tenant% owu cost and expense make ali repairs
and at t~e end or ot]~er expfrat~ou o~ the term, shah deliver up the demised premises in good order or condition, damages by
the elements excelrted,
~C[. Tha~ t~e Tenant ~aU p~omptf~ execute and comp]~ wi~ all sta~es, o~di~ances, rules, o~dezs, ~egulatfons and ~equfze.
meats of the Federal, State and Local Governments ~nd of any and aH their Depar~en~ and Bureaus appUcabie to said
premises, for t~e correct[on, preve~on, ~d abatement o~ n~$ances or other grievances, in, upon, or connected w]t~
premises during sa~d ter~; and shah aisc promptI7 comply wit~ and execute aU r~es, order~ and regulations o~ the New
York Board oI ~J~e Unde~riters, nr an~ other slmqar body, at the Tenant's own cost and expense,
4~, ~at the ~en~t, successors, ~eJrs, executors or adm]~strators ~aH not assig~ this agreement, or u~deriet or under.
lease the premises, or anF pa~ tfiereo~, or make an~ alterations on the premises, wJthou~ the L~diord's consent in writing; or
occupy, or perm[~ or s~er t~e same to be occupied for a=7 b~]ness or purpose deemed d]sre~tabie or e~a-hazardous
account o~ ~re. under t~e penaIt7 o~ damages and ~or~e~ture, and ~n the event o~ a breach thereof, the term herein shah
mediateI~ cease and deter~ne a~ the opt[on o~ the Landlord as H ~t were the expiration o[ the original term.
part of the Premises c~ not be used, Tenant must pa~ rent for the usable part. L~dlord shah have the~i~ ~hich
~use not t~ly under Landlord's control. ~ ' . . . .
Ii the 5m ct other c~ualt7 is caused b7 an zct o~ negIe~s, o~t the:t~me
the ~te or casualty Te~nt i$ i~ deiault in any ~etm of ~=~e a~ Tenant
must pay the iulI rent with ~o adjustment. ~h~irs will be a~d~ rent.
Landlord has the zight.to demo~ by Ere o? ot~t cagualty.
Landloxd may cancel .thi~ Lease ~~ce of ~=dlord's
intent~on~.~ . ; to demolish ~~ma~.. ' ' ~ I Tenant
show the premi~$ to per~oas wisbf,ng ~o
~e p~e~J~e~ "~o Le~~ or '~or ~ale', a~E ~e ~e=ant*~er~b~ ag~ee~ to permx~ t~e same
othe,-~ime, nad re.'~..o.$'o all persons,there£romo without he?..c, liable to pro.~ecutlou t,~.ere£or, and the To=eh:
o~t~i=i~ff posflesslo=, seco~d to restoring the ~re=ises to a ~e=tnb[o co=dj:ion, ard ~en to tho pol~e=t c~
d~clb~c3'.
pre~]ses~ ~br(a?lo~ t~e sane to be obstructed or e=c::mbe:cd i~ nny
piece, or ca:rse or a;lnw to be placed, an7 sign or sig~s cf an:: Mad whatsoe~er at, mo. ~ .....
.e...ses,or a.~ o.~er p ... of ..a...., exce,,, in or at ss:ch place or places rs =ay be
to ~ th~ ~a~dlo:d i~ w~it~g. And i= case the Landlord or ~he Landlord's representatives s~nU deem it
ib do so, p~ovldi=g the reno be r~r"ovcd ,.~d.. replaced at f~e L~!o-d's ex?n.e,
be cc~7of~d.
E~ to tke .negh~enco of the
14~R, be a lle= acM=s: sn]:~ rre=/.~es in resnect. ~o any mor~ffnvex that $.e r3~ ..... o.. v. ., , .~- kere-
to ~]s. lease, the La=~!o:d sha;I have t~re .~eccrlty ~o f~:e .... .. ,,...'-~ s..'-' .'~n ....
~ ~gYee~'go look solely [or t~o ret~rn ~[ ,~ ~:~ "' · it ?s . ,. ........
ri'ado o~ z:~e rec::rit7 fo a =e'~' Land;ord.
17f~.
~o'.,~KeKe t,~/s le.,.,e or H de'.':::It be :'::ado in :hr per!o::nr,=ce o." ,".'.y ~z the covem,,.-.ts ,~,':.d .'..r,:een:,:'t.~ :.'.~
thc Te~.c.-.t to ~e key't a~:! pert'or-:ed, o.- .;.: the 7'en~=t s:':,'.': FaU to c0.~$',:: ~'~:h z~ny cf the
orders, re£z:,,~.fozs
,ppUcab!e
and come ',~ ,?:: e.'....~ e,= :i:e d~te Ezed [n $'-'c!: ::,',~ce ~s Lt :;'.e .,;aL~ ,'.",-,.,"e we:-.? the ,':,-."e
~'the re=t or charge, which may, dZZrlng the demised term, be a$$e~ed or.imposed £or the
~iH also pap the expenses for the $et~g of a ~ater meter in the geld pre~ise~ should
pay Tenant ~ propor~onate part of the sewer rent or cha~ge smposed upon ~he bmldmg~ AU
~ bxpens~ sh~l] be p~id as additlonal rent and shah be added to the next m~th's r~nt therea~te~ tO
19th[ ~'~ent w]!l not nor will the Tenet permit ~ndertenants or other persons to do ~ythlng. in ~a]d premises, or
wnv~incre~ ~'ra?e o~ Gte insUr~ce o~ s~d de~ised premises, nor ~e the demised p~emis~s or a~Y pa~ ~h~reoC nor
3:s..~ {or am~ b zs~ess Or p~rpome ~ich would ca~e an merease in the tare o~ E~e instance on sa~
end :~hc T ~ aeries .o p, ~ o~ demand an~ s~ch inere~se.
20t~. T~ ~re ~ t~e Landlord to imsist ~pon a Strict perterm~=ce et a=~ o~ the terms, conditions and c~venantg hereJ=,
shall ~ot J ,once ~ ~ a vet o~ ~n~ rsff~fs or remedies that the Landlord ma~ have, and s~U not be deemed a wazver et any
sub~quen: r~ br dera~zlt m ~ fermr, conditions and covenants h~rexn contmned. Th~x mstrument m~ not be
2] s[ ~r ~ kwfdle~or nny part o] t~e,Eemxged pr~zse$ shaU be acquired or condemned by ~zment Domam ~or any p~bhc er
q ¢n¢~ p .ui~, ~ o~p~zrpose, than and ~n t~at event f~e term o~ th~s lease shaU cease and termmate from t~e date oF
'~.. ~. ~ ~,'. ,...' ~ . .
vex.z..g ,n su'~ ,,,qo~-,.~,.g and ~enant shah ~ave no claim agaxnst Landlord for the value of amy ~nexp]red te~ e~ xa:d lease.
~urea and property shall be
'Order o~ execution of ~e ~ra~t~ the= and in that
~d ~enanf and shall become the prope~y o~ the
~t ia ,~.,~t~aliy ag'reed he;wee~ La:dlord
in any action, proceeding
or abate=ant of rent, or other compensation, shall be claimed or atlowed for intouch,
;.~.e maki=; o.~ repairs or improvements to t~e b~lding or to its appli~ces, =o~ ~or
..~r an7 ot~er compensation, ~Or ~te~rup~'on or curt~lment o~ such "se~ce? w~en such
· ace..e ....... e'a,x~.,s~z,~eP~s,~es~ra~leo~necessaryto~em;d~o~toi~a~H~o=g]~cultTi=~
or suc~ se~xee o~ to some ot~er ca,se, not gross =eZ~=ca on ~e
. ~.. t~e ~e..a... sfiFH not be entzt]ed to receive, an7 o{ ~c~ "~e~v]ces" d~=g a~ per
e 15 cetat~l: in ~espect tO the payment o~ sent. ~eithe~ s~all t~e~ be an~ aba~ement o~ dim~= ~oz
or de~ura~onz to ~e demised premises Mtur.the date ~ ~e& ~ur the
,ncc oz' discom-
alcan to comply
erein exptessl7
n or abate~=ent
or .curtailment
!urmg ~Upplie$
rd ghail =o~ ~e
~ re~ ~ec~u~,
L'~.".dl6~.d;khall rot be liable for failure to give possession oi the premlse$ upon commencement date reason ct the
~..~p.?.~..]s~s.are. not read~ ~or ocbup~ or ~ecause a prior Tenant or an' ot~e '
not be extended.
~ay p~a~ ~ign, indicat ng that the subject property is Town ~ark ng
~u~,ng the ~e~ rements set forth in Para,tach ~1. '
~n~erstood and ;~reed by and between the oarfies hereto that t e Tartan
~:i~he demsed premmes ~n the Commercia Genera Lab ~ Po c of the
And the sa~d Landlord doth covenant that t~e said Tenant on paying the said ~eurlh, rent, and per~ormlng the covenants
~.o. resald, shall and m.a~ peace£z~l~. ~d qulett? ~ave, ~cld an~ enjoy t~e s~d demised premises ~or the term ~oresaid, pro-
vlaed however, that this covenant shall be conditioned ~pon the retention o~ Etle to the premises by the Landlord
~ i~ ~ ~t~[[~ ~0~ ~ ~Et~ that the covenants and agreements contained Jn the within lease
shall be binding upon t~e pa.'es ~erefo and upon their respective successors, heirs, executurs and admlnis~aturs.
~ ~i~t~ ~g~gO[, t~e pardes have interchange~ly set their hands and seals {ur caused these presents to be
signed by t~eJr proper corporate o~cers and caused ~eir proper corporate seal to ~a~xed) this
day ot
in the pre~ence ct ~- By: ~ . /. ~ ~_.
Town ~outhold ~ ~ ~.
~ean W. Cochran, Su~/~iso~-- .....
~ount~ of I ~':
On the day of
to me huown, who, being by me duly awo~, did depose and say that he resides at
tion; that the zeal a~xed to s~d instrument is such corporate seal; t~at it was so a~xed by order oi t~e Board
o~ said corporation: and that he sJgn~ h na~e t~e~eto b~ llke order.
with ~e La~dloxd and t~e L~dlomd's legal xep~esentatives, that H defa~t sb~ll at a~ ~me be made bF ~e said Tenant
in the payment ct t~e rent ~d ~e peffomm~ce o~ the cove~an:s co~taimed ]= the ~it~= lea~e, on ~e Tenant's p~ to
be paid and performed, that the ~nde~si~ned w]lI well and ~ pay the said ~en:, or any a~ears thexeoi, t~at may ~e.
=aln d~e ~to t~e said Landlord, and also pay ~l damages that may arise in consequence oi the non-performance oI said
covenants, or e~t~er o~ the~, without meq=ir]~ notice o~ any =~ch de~a~t ~om ~e said La=dlomd. ~he ~dersigned
~nderslgned may ~be a pa~y.
RIDER TO LEASE BETWEEN
ROTHMAN'S DEPARTMENT STORE, AS LANDLORQ
AND
THE TOWN OF SOUTHOLD, AS TENANT,
DATED JUNE 1, 2000
DESCRIPTION OF LEASED PREMISES
All that certain piece of land situated at Southold Suffolk County, New
York, described as fellows: Beginning at a point on the southerly line of Traveler
Street, 137,25 feet easterly along said southerly line from Beckwith Avenue, said
point of beginning being 34.01 feet easterly along said southerly line from the
northwesterly comer of land of the Landlord; from said point of beginning running
along said southerly line of Traveler Street, North 71 degrees 30 minutes 20
seconds East 25.01 feet; thence along said .land of the Landlord, south 16
degrees 59 minutes 20 seconds East 161.40 feet to land of Czartosieski; thence
along saidland of Czartosies[ki South 74 degrees 09. minutes 50 seconds West
25.01 feet; thence along said land of. the landlord North 16 degrees 59 minutes
20 seconds West 160.26 feet to the p~)int of beginning.