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Home My WebLink AboutGrnpt Comm. TowerPATRICIA A. FIN1VEGAN TOWN ATTORNEY patricia.fmnegan@town.souflmId.ny us KIEtIAN M. CORCORAN ASSISTAN~ TOWN ATTORNEY kieran.corco~a~@town.southold.ny.us LORI HULSE MONTEFUSCO ASSIST.kNT TOWN ATTORNEY lorLmont efusco @t own.southold.ny.u~ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Te~vn Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, Ne~v York 11971-0959 Telephone (631) 765-1939 Facsimi]e (631) 765-6639 To: From: Date: Subject: RECEIVED MEMORANDUM Elizabeth A. Neville, Town Clerk Lori Hulse Montefusco Assistant Town Attorney July 30, 2004 Greenport Communications Tower Lease Agreement Attached for your records is the original fully executed Cell Tower Lease Agreement between the Village of Greenport and the Town of Southold in connection with the referenced matter. We will retain a copy of the Agreement in our file. PAF/Ik Enclosure cc: Carlisle Cochran, Chief of Police (w/o enci.) Joanne Liguori, Supervisor's Office (w/encl.) :' ":BO_APG) OFi:TP. USTE~ES . ' .'Ju~5122,'2004 ACTION TAKEN BY'T~I]~ VILLAGE BOARD OF TRUSTEES. ~1 fl,.' ,xe_.!ld~ 3.[c,~.ln; .~ t, ,~ y. ~l ,,!,,. O [-G~ ~,. I~ ,,,I [:1o.~ d ,}, . ~ .1>1~.~,. held on Jul).__,-004- a m~,hon ~. a~ '. ' '~t.c i ,'~l ru. :~ (.i...r~.. V. I luohm'd .%c~ ndcd. b.. I m.'t~ , r0.,l~x; B..Brwns k acc~£ ,'md t~ farther :.,.l:hOl".l/O Ii;¢ \Jaxo,' .,a Fi~i~ ih.~l J,.'a5,: .'.':!r,.~'ql,.'l~; bc:v.~..'r; .J,c '. ,'r.,n-t oI .Southold anal the \ lllage ot (j ..... lot ......iiii ,=iJicL~rccq~, .( ~1 111 c."l ~1 I ~ .:. R011 Call Vote: Tr,sice W;1C":m J. M:ll~ Yes ;'l'ru.~,cc (i."il I". l lonan E~cnsbd I r,:-.'i.:c (i.:or,.'..: \~, I'lmb:,rd. Y-e~ 'i. ruslce l! r.":ii.:', Ii. r~.,,.,..., h.': .Yes Mayor I)w.~d I'. K~ch Yes Motion-.Carried STATE OF NEW YORK COUNTY OF SUFFOLK ss: Tins IS TO CERT ,Y, THAT I, Chr~s.tie ~Hall0ck, Village ~C!erk(TrFasurer of the ~,illage of Greenpon of the C qunb/of Suffolk, have 6o~mparect t~e .for _egg.ir/g copEoI me resomfion now on fi~e iff t~his qffice, which ~;vas aclopted by the BOard of Trustees Of the V~tllage o~Ureenport on July 22, 2004 and ti.at me sa-me is a tree and correct transcript of said resolution o~ the whole thereof. · ~xi WITNESS V~rI-IEREOF, I have hereUnio set my hand and the official seal of the ¥illage of Greenport · -of the C0unty.o'fSuffoik: : - .... .' ' ; ' Dated: July 22, 2004 Christie Hallock Village Clerk/Treasurer LEAS]{ AGREEMENT THIS LEASE,.made this~/~f/~ay of .,¢~------2~ ,2004, by and bet~veen the Village of Greenport, having an office at 236 Third Street, Greenport, New York (herein referred to as "Landlord") and The Town of Southold, having its principal office at 53095 State Route 25, Southold, New York 11971 (hereinafter referred to as "Tenant" and "SouthoId"). .WHEREAS, Landlord is the owner of certain premises described in Exhibit "A" annexed beret6;' and WI-IEKEAS, Tenant desires to use a portion of said premises for installation, maintenance and operation of radio n-ansmitting and receiving equipmen[ and other associated equipment in connection with its mission to protect and serve the people of the Town of Southold, including the Village of Greenport. NOW. THEREFORE, in consideration of all the foregoing, and in further consideration of the premises, obligations, terms and conditions hereinaf[er set forth and recited, both parties do hereby a~ee as follows: 1. LEASE OF PREMISES: (a) Landlord leases to Tenant and Tenant leases ficom Landlord that portion of the premises located at Washin~on Avenue, Greenport, New York, as specifically set forth and described in Exhibit "B" annexed hereto and made a part hereof ("Leased Premises")_ It is expressly understood that Tenant raay not sublet the prerrfises during the terms of tiffs Lease without the prior written consent of Landlord. Landlord hereby ~ants to Tenant the right to survey said property, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "B". Cost for work shall be borne by Tenant. ' 2. USE OF PPd~IVl}SES: (a) The leased premises are to be used for the installation, operation and maintenance of radio transmitring and receiving equipment along with asso/iated other electronic equipment. Tenant shall have the right to install two antennas on the tower; aDecibel DB 212, and a ASPC 682, both with 7/8 heilax cable. Te-aant shallhave the right to utilize Landlord's 12' x 12' equipment shed to house .two repeaters. All equipment or other property attached to or otherwise brought onto the leased premises shall at all times be Tenant's personal property and at Tenant's option may be removed by Tenant at any time during the term or within a reasonable time after expiration of this lease. (b) Tenant shall ha,~e the fight to use reasonable means to install its equipment, provided that the installation shal/strictly be in accordance with the Code of the Village of Greenport, the Building Code of the State of New York mad all other applicable laws, codes, rules and regulations. Further, it is a~eed that all installation and construction, as well as plans and specifications, shall be approved, in writing, by the Building Department of the Village of Greenport or other· person designated by the Village to approve same, prior.to such installation. Landlord recognizes that in order for Tenant to install and operate its equipment, it will need the ability to run transmission lines fiom the equipment shelter to the antenna location, run power fi:om the main feed to the equipment shelter, mn telephone lines fi:om the main feed to the equipment cabinets, and run telephone lines from the main telephone entry point to the equipment shelter. Landlord agrees to allow Tenant to make reasonable and necessary alterations at Tenant's sole cost and expense, to the real property of wkich the leased premises forums a part, in order, to accomplish above_ (c) Landlord shall reasonably cooperate with Tenant with respect to any applications for · governmental licenses, permits and approvals required of Tc~nant, if any, for its use of'the leased premises, including without limitation, application for business licenses and permits provided that Tenant shall ~eimburse Landlord for any costs or fees actually incurred by Landlord in connection with such cooperation. (d) Tenant agrees to submit all drawings and plans necessaryto construct the improvements contemplated by this lease (the Work) to the Landlord for review. All drawings and plans shall be signed and bear the seal or stamp Of a New York State licensed professioual engineer or architect. Any certifications relating to the Work requested by the Landlord shall be provided by Tenant and shall be signed and sealed as provided above. All Work shall be inspected during consu-uction and upon completion (prior to activation) by joint inspections attended by Tenant and the Landlord. Upon completion, Tenant shall provide the Landlord with a certificate of completion certifying xvhich was completed pursuant to the drawings submitted and approved. 3_ MANAGEMENT OF SITE ENGINEERING: Tenant agrees not to interfere with radio transmission or reception equipment of the Landlord or Landlord's other Tenants on the premises owned by Landlord of which the leased premises forms a part. If Tenant shotdd cause 'such measurable interference, Tenant shall eliminate it in a timelymanner. Owner w511 not, after the date of this Agreement, grant a license, or any other right; to any third party for use of the Property, if such use may materially affect or interfere with LicensEe's Commtmications Facility. 4. TERM: The initial tenr~ of this lease shall be for five (5) years commencing on Januatsr 1', 2004, and ending on December 31, 2008. As used herein, "term" refers to the irfitial term and any renewal term as herein provided. It~ at any time during this lease, the leased premises becomes unsuitable for Tenant's commurdcation system operation due to: (a) governmental regulations or licensing, (b) technical causes, (c) interference with Tenant's operation that cannot be resolx, ed, (d) due to structural instability, or (e) title and em,ironmental conditions, Tenant may terminate this Lease by notice to Landlord which shall be effective thirty (30) days after it is received by Landlord. 5. RENT: Thee shall be no monetary consideration paid by Tenant to Landlord for the use of Landlord's premises. 6. LI_~BILITY: The Town of Southold shall carry, on behalf of Tenant, during the term of this lease the following insurance for personal injury and property damage, naming the Village of Greenport as,additional named insured, with the.customary coverage and exclusions: a) $1,000,000.00 each occurrence b) $3,000,000.00 aggregate c) $10,000,000.00 umbrella Before Tenant enters onto premises., Tanant must provide Landlord with ~ copy of its policy of insurance. 7. CONDITION OF PREMISES: Upon termination or expiration of this lease, Tenant shall surrender the leased premises to Landlord in good condition except (a) for reasonable wear and tear, or (b) for damage due to causes beyond Tenant's control or without its fault or negligence, or (c) for both. 8. WARRANTY OF TITLE AND RIGHT TO LEASE: Landlordwarrants that: (i) Landlord owns the leased premises in fee simple and has rights of accoss thereto: (ii) Landlord has full right to make this lease; and (iii) Tenant.shall trove quiet and peaceful possession of the leased premises during the term, so long as Tenant is not in default of the terms of this lease beyond the expiration of any cure period. Lessee agrees that it will not use, generate, store or dispose of any hazardous material on, under, about or within the Property in violation of any law or reg-alation. 9_ ACCESS: Landlord agrees that fi'om the date of execution of this lease, prior to granting any other p arty any rights or further right ofacoess to the leased premises, the Landlord shall provide Tenant w~th written notice ofanyproposed antennae configxtrations. Tenant shall have ten (10) days to object to the proposed antennae configurations or shall be deemed to have consented to the proposed antelmae configuratious. 10. TENANT'S RIGHT TO MAINTAIN SECLrRITY: Tenant, at its cost and expense, after prior approval by Lal~dlord, may place, construct and ma'mtaln a fence around any equipment structure housing Tenant equipment, or undertake any other appropriate means to restrict access thereto. Tenant shall ensure.that the Village of Crreenport shall be ~ven reasonable access thereto. 11. MAINTENANCE AND REPAIRS: UTILITIES: Tenant shall pe~£orm all repairs necessary to keep ks improvements on the premises and easements or other access to the premises in good and tenantable condition. Landlord shall ma'mta'm the tower structure in good working condition dm-ing the term (and any renewal term) of the Lease. 12. TENANT' S DEFAULT AND RIGHT TO CURE: Each o fthe £ollowing shall be deemed a defanlt by Tenant and breach of this lease: (a) Failure to perform any covenant for a period of thirty (30) days after receipt of such notice tSom Landlord specifying the failure. No such failmre, however, shall be deemed to exist if the default may not be reasonably be cured ~vittfin the thirty (30) day period and if Tenant shall have commenced good faith e/forts to rectify the same within such tl~irty (30) day period and provided such efforts shall be prosecuted to completion with reasonable diligence. (b) Any vacating or abandonment of the premises by Tenant for more than three (3) consecutive months unless ordered to do so by duly authorized legal authority or other cause beyond Tenant's reasonable eonn-ol. 13. ASSIGNMENT: Laudlordmay assign all rights, benefits, duties and obligations ofthis lease. Tenan~ may not assign its ri~ts, benefits and obligations of this lease, except Landlord agrees that Tenant may assign all rights, benefits, duties and obligations under this A~eement to any party controlling, controlled by or under common control with Tenant or to anyparty which acqu'~res substantially al/assets of Tenant. Tenant may not sublet this lease without the prior wfittan consent of the Landlord. 14. NOTICES: Unless otherwise provided herein, amy notice of demand requ'tred or permitted to be given hereunder shall be given in writing by certified or registered mail return receipt requested, in a sealed envelope, postage pr,paid, or by overnight nationally recognized delivery service to be effective on the second day follow/rig receipt, addressed as follows: If to Landlord: Village of Greenport 236 ThB:d Street Greenport, New York 11944 W~th copy to: Pachman, Packman & Elch-idge, P.C. 366 Veterar~ Memorial Highway Commack, New York 11725 If to Tenant: The To~vn of Southold 53095 State Route 25 Southold, New York 11971 With copy to: The Southold Town Police Department 41405 State Route 25 Pecordc, New York 11958 Attn: Chief of Police Either p arty hereto may change the place for the gix'ing notice to it by providing written notice to the other. 15. S EVERABILITY: If any provision of this lease shall be held. to be invalid, illegal or unerfforceable, the remaining prox-isions shall be binding Upon the parties and shall be enforceable as thouo~h .smd invalid, illegal, or unenforceable proxfision were not contained herein, provided, however, that if the invalid, illegal or unenforceable proxSsion goes to the heart of this lease, the lease may be terminated; by either party on ten (10) days pr/or written notice to the other part3r hereto. i6. AMENDlvlENT WAIVER: No revision of this lease shall be valid unless made in writing. No provision may be waived except in ~vriting signed byboth parties_ 17. SHORT FORM LEASE: The parties will, at any time upon request of either one, promptly execute duplicate originals of any instrument, in recordable form, which will constitute a short form of this lease setting forth a description of the premises, the term of this lease and any · portions hereof, excepting the rental provision. 18. BIND AND BENEFIT: All the conditions and covenants contained in this lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and permitted assigns of the parties hereto. 19. STRICT PERFORMANCE OF TERMS: The failure of the landlord to insist upon a strict performance of any o fthe 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 strbsequent breach or default in the terms, conditions and covenants herein contained. This instntment may not be changed, modified, discharged or terminated orally_ 20. INTEKPP~ETATION AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the venue of any action or proceeding shall be County of Stfffolk. 21. ENTIRE AGREEMENT: This lease and the exhibits attached hereto constitute the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and Agreements. · IN WITNESS WHEREOF, the parties have executed this lease the date and year first above written. VrLI,AGE OF GREENPORT (Landlord) TIlE TOWN OF SOUTHOLD (Tenant) ,~y: Joshua Y. Hort-on T~tler Mayor /z Title: Supervisor Attest/Wimess Attest/Witness: F:kD at a',C LIENTS Willag ¢ of Greenport\Southold police Tower Lease~Sautha[d Police Ameuna Lease Final.~pd ACORD PRODUCER ROY H REEVE AGENCY, INC. PO BOX 54, 13400 MAIN RD. MATTITUCK NY tt9S2 PHONE: 631-298-4700 FAX: 63t-298-3850 DATE (MM/D D,'YY) CERTIFICATE OF LIABILITY INSURANCE ^uG 3 1~11S CERTIFICATE IS ISSUED AS A MA'['rER, OF iNFORMATION ONLY AND CONFERS NO RIGHTS UPON THE OERTIFICA3~ HOLDER. TI'tiS CERTIFICATE DOES NOT AMEND~ EX. ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ' I NAIC # INSURED TOWN OF SOUTHOLD P.O. BOX 1179 s30g~ MAIN ROAD SOUTHOLD NY 11971-0959 INSURER ~ Insurance Corporation of Hannover INSURER B: American Alternative Insurance Company INSURER C: INSURER D: ~ ~' P' j~ V ~: L INSURER E: COVERAGES THF POI_IC~:ES OF INSURANCE ~ SE~OV~ ~V~ ,~'~1~ IS~ TO ~,iN~U~D ~ED ABO~ FOR THE POUCYP~IOD INDICATED,~H~DI~U~ ~ R~REM~, ~RM OR ~ {O~ ~Y ~ ~ O~ ~OCUMENT ~TH ~PECT ~ WHICH ~IS ~RTIFI~ ~Y ~UED ~Y P~T~N, ~E INSU~CE AFFe~ BY'HE ~0~I~D~CRIB~rRERE~ IS SU~ECT TO ALL~E TE~S ~USIONS ~D CONDITIONS OF SUCH GE~ L~IL~ ~ H~X0~0~ J~ 1 ~ JAN 1 05 ~ OCCURR~CE L$ ~00~0 X COMM~r~ G~E~ L~ILI~ i J I~,~ .... , is 300,000 ~ C~IMS~E ~ OCCUR i ~D.~(~y~P~n) 'g ~GA~ LIMIT APPLIES PER: ~ ~ GEN~ AGG~TE ~S 3,000,O~ A~T~MOB~ U~LI~ ~ [ COM~NED SINGLE UMIT I SCH~ULED AUTOS, H~D A~OS i I BODILY INJURY $ AUTO ONLY: AGG ANYAUTO)1 I O~R~ ~ACC $ ~C~l UMB~L~L~BI~ 60~UB~0057700 JAN 1 04 JAN 1 05 ~CH OCCURRENCE $ 10,000,000 J=X L~EN~ON S. 10,000 oTHER: I I CERTIFICATE HOLDER ! I ADDITIONAL INSUREO; INSURER LETrER: CANCELLATION VILLAGE OFGREENPORT 236 THIRD STREET 'GREENPORT NY 11944 ...... A~enfion: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE E~PIRATION DATE THEREOF, THE I~UING COMPANY WILLENOEAVORTO MAILIO DAYS WRI~N NOTICE TO THE CEF~IFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSUJBJ:P~ I~'S AGENTS OR REPRESENTATIVES. AUTHORIZED. ... ~ REPRESENTATIVE,.. _ ACORD 25 (200tl08) Certificate # 4463 Thomas A. Dickerson iMPORTANT If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on thls certiFiCate does not confer rights to the certifY, ate holder in liec~, of such endorsemen~:(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endomement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reveme side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the ced. iflcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25~S (2001108) Ceri:ificate ~1404