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Home My WebLink AboutVentilated Metal Box PATRICIA A. FINNEGAN TOWN ATTORNEY patricla.finnegan ~town.southold.ny.us KIEP.~ M. CORCOILAN ASSISTANT TOWN ATTORNEY kieran.corcoran(cOtowl~,southold.ny,us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco(a)town,southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (63t) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 1, 2005 Ms. Marie Beninati The Whitaker House, LLC P.O. Box 1346, 53155 Main Road Southold, NY 11971 RE: Renewal of Agreement/Ventilated Metal Box Dear Ms. Beninati: I write with respect to the referenced Agreement dated September 23, 2004, a copy of which is enclosed. In accordance with the first paragraph of the Agreement, this letter shall confirm that the Town of Southold is exercising its right to renew the Agreement for an additional year or until December 31, 2006. If you have any questiens regardin! the foregoing, please do not hesitate to call. atricia A. Finne( town Attorney PAF/Ik Enclosure cc: Members of the Town Board (w/encl.) ~ Ms. Elizabeth Neville, Town Clerk (w/end.) Mr. James McMahon, Community Development (w/end.) AGREEMENT THIS AGREEMENT, made this ~.~i day of September, 2004 by and between Towrt of Southold, as Seller, hereinafter referred to as the "Town," nd The Whitaker ][louse, LLC, as Purchaser~ WITNESSETH: WHEREAS, the parties hereby have heretofore entered into a Contract, dated May 12, 2004, for the sale and purchase of the property known as The Whitaker House, LLC, located at 52875 Main Road, Southold, New York 11971 (hereinafter referred to as tile "Subject Premises.") NOW, THEI~3FORE, it is mutually understood and agreed as tbllows: FIRST: The Purchaser hereby consents that after closing the Ventilated Metal Box shall be permitted to remain on tile Subject Premises in thc same location as it exists at the time of closing, as the property of the Seller. The Town assumes full responsibility for all costs, damages, and injury, by reasonJ its remaining on the Subject Premises, as well as m~y costs or damages related to its removal and the restoration of the site where it is situated. The Town fiu~her assumes full responsibility tbr any damages or injuries to any person or persons by reason of the Box's remaining on the Suhjeet Premises after the closing, and in connection with the Town's erection, construction, renovation and maintenance of the Town's adjoining property. The Town further agrees to remove the Ventilated Metal Box from the Subject Premises on or before ~ 200~, or be responsible for all costs relating to its removal and restoration of the Subject Premises, by the Purchaser, which costs may include reasonable attorneys fees. The Town further agrees to indemnify and hold harmless the Pumbaser, and its Mortgagee, the Bank of Smithtown, against all such claim or claims for so long as said Ventilated Metal Box rmnains on the Subject Premises~ SECOND: In its use, maintenance, auld removal of the Ventilated Metal Box, the Town, its servants, employees, agents, or contractors, will couform to, and observe, all applicable laws, and will furfl~er protect all buildings on Subject Premises to the extent required by all applicable laws, ordinances, building codes, rules and regulations; at all times will keep Purchaser, and the Bank of Smithtown, indemnified against, and discharged of, any charge or liability in favor of thc Purchaser of the Subject Premises arising out of such operations by such Town servant, e~nptoyee, agent or contractor; and will pay and discharge all liability and damages occasioned to the Subject Premises, or to any person or persons resulting fi'om the demolition or removal of the Ventilated Metal Box fi'om the Subject Premises, whether or not such liability or dmnage is caused by the negligence o f the Town, its contractor, agent, serwmt, or employec. T}tIRD: By the siguing of this Agreement, the parties acknowledge that they have remt the terms coutained herein, and that the Agree~nent complies with the requirements of the General Obligations Law Section 5-702, requiring the use ot' plain language, to their complete satisfaction. FOURTH: That except as herein expressly modified, the terms and cm~ditions of the original Contract of Sale shall remain in full force and effect. This Agreement may not be altered, modified or changed, or abrogated except by another Agreement in writing signed by the parties hereto. That this Agreement may not be assigned without the prior written consent of the Purchaser, THE WHITAKI~R HOUSE, LLC :ff.,' M~n~ger, The Whitakcr House, LLC . LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori,montefuBco@town.Bouthold.ny.uB SCOTT A. RUSSELL Supervisor PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny,us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.Bouthold.ny.us 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 December 7,2006 Ms. Marie Beninati The Whitaker House, LLC P.O. Box 1346, 53155 Main Road Southold,NY 11971 RE: AgreementlVentilated Metal Box Town of Southold to The Whitaker House, LLC Dear Marie: This letter shall confirm that, pursuant to the terms of the referenced Agreement, the Town of South old has removed the ventilated metal box. I am enclosing a copy of James McMahon's letter to me dated December 6, 2006, confirming same. If you have any questions regarding this matter, please do not hesitate to call me. PAFllk Enclosure cc: Members of the Town Board (wlencl.) Ms. Elizabeth Neville, Town Clerk (w/encl.) Mr. James McMahon, Director of DPW (w/encl.) . JAMES C. McMAHON Director Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 . Telephone (631) 765-1283 Fax (631) 765-9015 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS December 6, 2006 Ms. Patricia Finnegan Town Attorney Town of Southold PO Box 1179 Southold, NY 11971 Dear Pat: The new generator has been installed at the Southold Town Hall and the electrical box that was an encroachment on the Whitaker House LLC property, located at 52875 Route 25, Southold, NY 11971 (SCTM# 1000-61-1-5), has been removed. If you have any questions on the above, please give me a call. Sincerely, ~ Jim McMahon, Director Department of Public Works Town of South old Dre' 7 nn('f' L - Lu.,\1