Loading...
HomeMy WebLinkAboutSouthold Park DistrictELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southol& NY 1197l Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net RESOLUTION # 2005-597 Resolution ID: 1169 Meeting: 09/27/05 07:30 PM Department: Town Attorney Category: Contracts, Lease & Agreements THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-597 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27, 2005.' RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Sul~ervisor Joshua Y. Horton to execute the Lease A~,reement between the Town of Southold and the Southold Park District for the parking lot located at 53720 Route 25, Southold (SCTM No. 1000-61-4-5.1), for an annual rent of $1.00 for a term of two years, with successive two-year terms, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PATRIC1A A. FINNEGAN TOWN ATTORNEY patricia.finnegan@~own~southol& ny~us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southol&ny~us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco(~ [own.southold.ny.us SCO'Vr A. RUSSELL Supervisor Town ttall 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 March 6, 2006 Southold Park District P.O. Box 959 Southold, NY 11971 Attention: Ms. Linda Bertani RE: Lease Agreement Between the Southold Park District and the Town of Southold/Parking Lot/SCTM No. 1000-61~4-5.1 Dear Ms. Bedani: I am enclosing a fully executed original Lease Agreement in connection with the referenced matter. A fully executed original Agreement will be retained in the Town Clerk's file, and we will retain a copy in our file. If you have any questions, please feel free to call me. Very truly yours, Assistant Town Attorney LHM/Ik Enclosure cc: Members of the Town Board (w/end.) Ms. Elizabeth Neville, Town Clerk (w/encl. - original) Patricia A. Finnegan, Esq., Tgwn Attorney (w/encl.) LEASE AGREEMENT THIS AGREEMENT, made this ~1~ day of ,~¢~f).l'~ , 2006, between SOUTHOLD PARK DISTRICT, a park district duly organized under the laws of the State of New York, with an address in the Town of Southold, County of Suffolk and State of New York, hereinafter designated as "Landlord" and the TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, hereinafter designated as"Tenant". WITNESSETH: WHEREAS, Landlord has agreed to LET, and hereby does LET, to the Tenant and the Tenant has agreed to TAKE, and hereby does TAKE from Landlord the following premises: ALL that tract or parcel of land, with the improvements thereon situate in the Village and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: northerly by Main Street; easterly by land now or formerly of William H. Terry; southerly by land now or formerly of Louis N. Sanford; and westerly by land of the Town of Southold. Being and intended to be the same premises conveyed by Southold Community Hall, Inc. to Southold Park District by deed dated November 24, 1934, and recorded in the Office of the Suffolk County Clerk in Liber 1791 of deeds at page 309 on November 30, 1934, said premises being shown and designated on the Suffolk County Tax Map as District 1000, Section 061, Block 04, Lot 5.1 WHEREAS, the privileges and appurtenances for and during the term of two (2) years from the 23rd day of August, 2005, which term will run continuously. It is understood and agreed that the leased premises shall be used by the Town for public parking purposes. WHEREAS, the Tenant covenants that it will pay to Landlord for the use of said premises, the annual rent of One and 00/100 Dollar ($1.00), to be paid upon the execution of this Agreement. WHEREAS, Lessee, as part consideration hereof, assumes the risk of the premises, and does hereby release and covenant and agree to save and keep harmless, defend and indemnify Lessor from and against any and all loss, damage or expense whatsoever by reason of breach of any covenant or condition hereof by Lessee or by reason of injury (including death) to person or property arising in any manner or under any circumstances whatsoever from the condition, use or occupancy of said demised premises, including any appurtenant sidewalks or driveways, except where caused by or resulting from the negligence of Lessor, whether said injury to person or property is suffered by Lessee or other persons whomsoever which seek to hold Lessor liable. Lessee further agrees to repair, maintain and otherwise keep the premises in good condition; WHEREAS, Lessee shall and will at all times during the continuance of this Agreement, at Lessee's expense, procure and maintain public liability and property damage insurance, protecting both Lessor and Lessee in a form and in an amount satisfactory to Lessor and will furnish satisfactory evidence of such coverage; WHEREAS, the Tenant covenants and agrees that it will include the demised premises under its blanket liability insurance policy. WHEREAS, the term of this Lease shall be automatically extended for successive two year terms, upon the same terms and conditions as herein provided, unless either party hereto gives written notice to the other party no less than sixty (60) days prior to the expiration of the then existing term that the term of this Lease shall not be so extended. WHEREAS, Landlord agrees to pay all taxes to be assessed on said premises during said term. WHEREAS, the Tenant covenants that at the termination of said term it will surrender up said premises to Landlord in as good condition as now, necessary wear and damage by the elements excepted. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. SOUTHOLD PARK DISTRICT Name: Title: TOWN OF SO/~OLD Scott P~. Russell, Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this -~r_~ d.ay of~, in the year 2006, before me personally appeared L~¢,~.~. ~¢~.; , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) BONNI£J. DOR0SI(/ Notary Public, State Of New Yor~ No. 01D0609532S, Suffolk Coua~ Ten~ Expires July T, 20 /~ ? On this ~, day of "/'Fl¢__~ the year 2006, before me personally appeared SCOTT A. RUSSELL, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. LINDA J COO~LR NOTARY PUBLIC, State of New York NO. D1004822563, Suffolk Countx Term Expires December 31, 20 ,d~, 4 "ACORD TM. .CERTI ..d i' OF LIABILITY INSURANCE PRODUCER Phone: (631)298~1700 Fax: 631~298-38§0 ROY H REEVE AGENCY, INC. PO BOX 64 MA ITUCK .Y11.52 DEft 6 INSURED TOWN OF 8OUTHOLD CIO SOUTHOLD TOWN HALL P.O. BOX 1 SOUTHOLD NY 11971 ]DATE (MM/D D/YYYY) ~ 1ZI0512005 THIS CERTIFICA~ IS ISSUED AS A MA~ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA~ DOES NOT AMEND, EXTEND OR ALTER THE COVE~GE ~FORDED BY THE POLICIES BELOW. INSURERS AFFORDING corE.GE NAIC INSURER A: INSURER B: American Alternative Insurance Company INSURER C: American Al~rnativelnsurance Co. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH/ POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LtMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CONTRACTUAL QEN'L AGGREGATE LIMIT APPLIES PER: POLICY [~3EcTPRO- ~ LOC AUTOMOSlLE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS B lO,OOO OTHER: POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IMM/DDffY) DATE (Mt&'DDffYI 01 -A2-RL.0000022-00 0tl0tl05 0tl01106 EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) 01 -A2-RL-0000022-00 01101105 01101106 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMPIOP AGG t,000,000 NIA NIA 1,000,000 3,000,000 1,000,000 COMBINED SINGLE LIMIT (Ea accident ) $ 1,000,000 60A2UB000057701 01/01105 01101106 10,000,000 'PROPERTY (Per accidenl) AUTO ONLY - EA ACCIDENT OTHER THAN ~EA ADC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: STEWARDSHIP AGREEMENT BETWEEN THE COUNTY OF SUFFOLK AND TOWN OF SOUTHOLD WITH RESPECT TO INLET POND COUNTY PARK. CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED UNDER GENERAL LIABILITY WITH RESPECT TO THE ABOVE, UNDER GENERAL LIABILITY. CERTIFICATE HOLDER COUNTY OF SUFFOLK DEPT. OF PARKS, RECREATION & CONSERVATION MONTAUK HWY/P.O. BOX 144 WEST SAYVILLE, NY 11796-0t44 Attention: . FAX: 631-854-4977 ~"AO~RD 25 !2001/08) Certificate # 6815 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING iNSURER WILL ENDEAVOR TO MAiL 1D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, II~S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Th~~~ © ACORD CORPORATION t988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. 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 reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) Certificate #6815