Loading...
HomeMy WebLinkAboutAudubon Society, North fork/Inlet PondAGREEMENT THIS AGREEMENT made this 1st day of March, 2005, between the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business located at 53095 Main Road, Southold, New York 11971, hereinafter the "Licensee" and the NORTH FORK AUDUBON SOCIETY, iNC., with an address at P.O. Box 973, Mattituck, New York 11952, hereinafter called the "Sub-Licensee". WHEREAS, the Sub-Licensee seeks the use of firot floor offioo r-4~¢o '~t the Red House located at the Inlet Pond Park, Route 25, Greenport, New York; and WHEREAS, the Town and Suffolk County have entered into a License Agreement for the stewardship of Inlet Pond Park whereby the Town is the licensee and has agreed to permit the North Fork Audubon Society, Inc., a private, not-for-profit corporation, to use effioo opaoo in the Red House as a Sub-Licensee for the period of one year which shall be automatically renewed for a successive period of one year unless either party notifies the other party in writing no less than thirty (30) days before the date of renewal of the intention not to renew said License Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Sub-Licensee agrees to uoo only that c.,p~oo doc, igr~tod for its uco by th~ Liec~¢¢ end ogrcc~ to maintain the space in reasonable condition and report any necessary repairs and/or maintenance immediately to the Licensee. 2. The Sub-Licensee shall secure and maintain such insurance that will protect it from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of its services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. In addition, the Sub-Licensee shall secure insurance coverage for property damage in the amount of $500,000 for property in the Sub-Licensee's care, custody and control. The Sub-Licensee shall indemnify and hold harmless the Licensee from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Sub-Licensee, and in case of any such action brought against the Licensee, the Sub-Licensee shall immediately take charge of and defend the same at its own cost and expense. In addition, the Sub-Licensee will name the Licensee as an additional insured on all applicable policies. The Sub-Licensee will provide the Licensee a copy of the Certificate of Insurance prior to commencement of this Agreement. 3. The Sub-Licensee acknowledges and agrees that public access to the County parkland will not be restricted. 4. The Sub-Licensee expressly understands and agrees that no interest in real or personal property is leased or granted to the Sub-Licensee; that this is a license and not a lease; that the Sub-Licensee's right to occupy the premises and to operate which is hereby granted is conditioned upon approval by the Licensor and shall continue only so long as the Sub-Licensee shall comply strictly with all provisions and agreements; and that this Sub-License is not coupled with any interest in real property. 5. The Sub-Licensee will provide and maintain its own telephone and/or facsimile service at the Sub-Licensee's own expense. 6. Any planned fundraising activities associated with this Agreement to occur on the premises must be presented in writing for authorization at least sixty (60) days prior to the scheduled event. 7. Any improvements installed within the sub-licensed premises shall immediately become the property of the licensor and shall be lien and encumbrance free. 8. The Sub-Licensee agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said premises or any part thereof or any building thereon for any illegal purposes or for any purpose in violation of any federal, state or local law, rule or regulation. 9. This Agreement shall not be exercised by the Sub-Licensee to prevent or unreasonably interfere with public access to the park. 10. This Agreement may be cancelled and terminated by either party without penalty, upon giving a written description of the reason for such cancellation or termination and upon providing written notice of intent to terminate to the other party at least thirty (30) days prior to the date of termination. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN O.,F SOUTHOLD §hua Y. Horton, Supervisor NORTH FORK AUDUBON SOCIETY, lNG. PATRICIA A. F1NNEGAN TOWN ATTORNEY patricia. I~nnegan@town.southold.ny.us ~I~.RAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran @town~southold~ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY ]ori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 l~oute 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 November 1,2005 Ms. Colleen Logan Hofmeister, Contracts Manager Suffolk County Dept. of Parks, Recreation and Conservation P.O. Box 144, Montauk Highway West Sayville, NY 11796-0144 RE: Stewardship Agreement for Inlet Pond Park Dear Ms. Hofmeister: With respect to the referenced matter, I am enclosing a copy of the fully executed Agreement between the Town of Southold and the North Fork Audubon Society, Inc. for your records. Also enclosed is a copy of the Audubon Society's Certificate of Insurance. In addition, I am also enclosing Mr. Foley's letter dated September 19, 2005, which has been executed by Supervisor Horton regarding this Agreement. If you have any questions or require anything further in this regard, please do not hesitate to contact me. LHM/Ik Very truly yours, Lori Hul~e) Montefusco Assistant-¥own Attorney Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encls.) ~ AGREEMENT THIS AGREEMENT made this 1st day of March, 2005, between the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business located at 53095 Main Road, Southold, New York 11971, hereinafter the "Licensee" and the NORTH FORK AUDUBON SOCIETY, INC., with an address at P.O. Box 973, Mattituck, New York 11952, hereinafter called the "Sub-Licensee". WHEREAS, the Sub-Licensee seeks the use of flint floor offie~ ~l~3Oo at the Red House located at the Inlet Pond Park, Route 25, Greenport, New York; and WHEREAS, the Town and Suffolk County have entered into a License Agreement for the stewardship of Inlet Pond Park whereby the Town is the licensee and has agreed to permit the North Fork Audubon Society, Inc., a pdvate, not-for-profit corporation, to use offioo opaoo in the Red House as a Sub-Licensee for the period of one year which shall be automatically renewed for a successive period of one year unless either party notifies the other party in writing no less than thirty (30) days before the date of renewal of the intention not to renew said License Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Sub-Licensee agrees to uoo only that cp.3oo dooignatod for its uso by th~ Lie~mec and agroo¢ to maintain the space in reasonable condition and report any necessary repairs and/or maintenance immediately to the Licensee. 2. The Sub-Licensee shall secure and maintain such insurance that will protect it from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of its services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. In addition, the Sub-Licensee shall secure insurance coverage for property damage in the amount of $500,000 for property in the Sub-Licensee's care, custody and control. The Sub-Licensee shall indemnify and hold harmless the Licensee from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Sub-Licensee, and in case of any such action brought against the Licensee, the Sub-Licensee shall immediately take charge of and defend the same at its own cost and expense. In addition, the Sub-Licensee will name the Licensee as an additional insured on all applicable policies. The Sub-Licensee will provide the Licensee a copy of the Certificate of Insurance prior to commencement of this Agreement. 3. The Sub-Licensee acknowledges and agrees that public access to the County parkland will not be restricted. 4. The Sub-Licensee expressly understands and agrees that no interest in real or personal property is leased or granted to the Sub-Licensee; that this is a license and not a lease; that the Sub-Licensee's right to occupy the premises and to operate which is hereby granted is conditioned upon approval by the Licensor and shall continue only so long as the Sub-Licensee shall comply strictly with all provisions and agreements; and that this Sub-License is not coupled with any interest in real property. 5. The Sub-Licensee will provide and maintain its own telephone and/or facsimile service at the Sub-Licensee's own expense. 6. Any planned fundraising activities associated with this Agreement to occur on the premises must be presented in writing for authorization at least sixty (60) days prior to the scheduled event. 7. Any improvements installed within the sub-licensed premises shall immediately become the property of the licensor and shall be lien and encumbrance free. 8. The Sub-Licensee agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said premises or any part thereof or any building thereon for any illegal purposes or for any purpose in violation of any federal, state or local law, rule or regulation. 9. This Agreement shall not be exercised by the Sub-Licensee to prevent or unreasonably interfere with public access to the park. 10. This Agreement may be cancelled and terminated by either party without penalty, upon giving a written description of the reason for such cancellation or termination and upon providing written notice of intent to terminate to the other party at least thirty (30) days prior to the date of termination. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN QF SOUTHOLD ~//~§hua Y. Horton, Supervisor NORTH FORK AUDUBON SOCIETY, INC. · ~riney Muha Alliant/VA 9hone ~]0~~397-097'~x gO3-397-Og95 'rills Clfl~TIFIGATE IS I~UED ~ A MA1; ER oF I~O~ATIO~ ONLY AND CONFERS NO RIGHTS UPON ~HE CER~CA~ HGLDE~ [NIS C~RIIFICA~ DOES NOT ~END. ~TEND OR pL'reR ;HE COVE~GE AFFO~ED BY THE ~L~CIES BE~O~ GOVERAGE8 A V'olu]¥1;~= A~oidenl: I A Diraot:ore~Off~ms i 64777065 68026594 o3/0:/o~ o3/oz/o, 03/02/0p 03/02/0~ ),~&D 75000 03/29/0~ 03/29/06 ~abiZiL-y 1000000 cERTIFICATE HOLDER ~AHC~ { ATK)N EVZDENC - · COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTNE DEPARTMENT OF PARKS, RECREATION AND CONSERVATION September 19, 2005 ROkIALD F. FOLEY COMMISSIONER Tracey Bellone Deputy Commissioner Honorable Joshua Horton Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Supervisor Horton: In January, 2000, the County of Suffolk and the Town of Southold entered into a Stewardship Agreement for Inlet Pond County Park. The agreement is in effect until December 31, 2006. The Stewardship Agreement covered assistance in cleaning and maintaining the property, but did not mention the Town's occupancy or sub-leasing of the house on site. The Town has two sub-lessees, The North Fork Audubon Society and the Long Island Wine Council, occupying the premises. Neither of the sub-lessees pay rent. Meetings and discussions with Assistant Town Attorney Lod Montefusco, Jim McMahon, and Parks Operations indicate the Town provides invaluable services to the County at this site. It is our understanding it is the Town's intent to enter into binding agreements with The North Fork Audubon Society and the Long Island Wine Council upon formal approval by the Department of Parks. Kindly accept this letter as our approval of the occupancy of the premises by The North Fork Audubon Society and the Long Island Wine Council. The Town will forward copies of their agreements with the Society and Council to the Parks Department to be kept on file. in addition, the Society and Council will provide Parks With updated insurance information on a regular basis and may be asked to assist in the maintenance and upkeep of the building. Thank you for your continued support in the oversight of Inlet Pond Park. If you require further information, please do not hesitate to contact Colleen Hofmeistar, Contracts Manager, at 631-854-4982. Commissioner' ~--- --..) Coll~n Logan Hofmeistar, Contmc~ Manager William Sickles, Sr, Superintendent of Parks Lori Montefusco, Assistant Town A~orney James McMahon ~ 2 8 ;~(J()~ Maumen Cullinane, No~h Fork Audubon S~iety Steve Bate, Long Island Wine Council UONTAUK HIGHWAY- P.O. BOX 144 WEST SAYVILLE, NEW YORK 11796~)144 (631)854-4949 FAX: (631)854-4977 co,,,~,r,,-