Loading...
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.