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HomeMy WebLinkAboutProperty Management \ . . LAURY L. DOWD TOWN ATTORNEY :;..::'::~~=c- .>~ ~\\FFOl.t :-~ .! :,.," ~a "' J~.~"- :j~ ~~ :~C5' ~ ~ ',~. .:z::: 'j ~ ,.,.,,~ 7,0 .. ~': '" ~ '; ~()f + t~J ~ JEA1.'1 W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Town Board FROM: Laury L. Dowd, Town Attorney DATE: October 7, 1996 RE: Property Management by Ferry District The Town Board requested information regarding the management of the Fishers Island property. This will attempt to summarize the current situation. In 1954 the US government deeded the airport, and considerable land around it, to the Town of Southold. The deed provided that the property was to be used for airport purposes only, although land could be leased for other purposes if approved by the FAA In April, 1959, the Town Board adopted the attached resolution, which delegates jurisdiction, control and supervision of the airport property to the Fishers Island Ferry District. The Ferry District was empowered to operate the airfield, and to rent out property not required for the airfield subject to Town Board approval. Although the Metal Dump property was part of the US Government property, and was in the Ferry District resolution, it continued to be supervised by Town employees who operated the metal dump. Phil Knauf supervises the Ferry District management efforts. The Town has copies of Ferry District leases of the following properties: . The Solid Waste District Transfer Station . Airport Operation . Building 383 . Building 240 . . . Town Board Page 2 October 7, 1996 The Town does not have copies of all the leases. Mr. Knauf said he will send them. Mr. Knauf indicates that the Ferry District has $10 million liabililty insurance on behalf of public properties managed by the District. I checked with John Stype, who says that he has asked for but not yet received copies of these policies. Mr. Knauf promised to send them. Mr. Knauf says that he does not carry fire or property insurance on some of the buildings. For example, he indicated that if t'1e movie theater burned down, it could not be replaced and so there is no fire insurance. All the leases call for the tenants to carry insurance, but the District does not insist on having current proof of insurance. John Stype has indicated a willingness to take the time to do a thorough review of the properties and ensure that they carry appropriate insurance. Please let me know if you would like further information. Enc. II .I . . uUfn1nt4 f'A(;r]OJ h. RESERVATIONS AND R&'Jl'RICl'IONS A. UtAt, in tho event that Al\Y of tho tann!!, oond:\. tionll, reservationo, tUld. r...str1.ctions upon or subject to >idcl! the "bove property is oonvey-ed are not mat, obnerved, or complied lrJ:th, wheU\!~r due to lege]. inabilH;y or otherwiee, the title, ri~tt of poASllBIlion, And All 011101' rip,Jttfl tr8l1sferred !!hllll at the option of the UnUed Stat"," rev!lr\; :l.n \;111m e:ldfll-.:lJlf( condition to tho Uniwd Stllwn upon demnnd m:.de in wrlt.1ng by Um Adlll:l.nietrator of the Federlll Aviation Agency, or h:l.s lJUOCeeAOr, At leent ebrty (60) d~ prior to \;1m date fbred for the reventtng of such tHle, r1.ght of posAeaBion, and othor r:l.ghts trenAferred, provided Ute brenC'J1 ehnll not have been remedied mthin such sixty (60) dllY per:1.od. b. T}u,\; tho above property 1M;l' be suocesniveJy t,rnnsferr"d on4' w:l.th approval of tllB Ad.nt1.nietrllbor of the Foderlll Avillt.ion Agency', or his ElUccessor, to tho extent required by the provision" of PllrAgrsph 1 (d), w:l.th provillo thllt ens suC'.h tftUlsferee RSEllllllOO ill tJlO obligationn imposed horein. c. If tho construct,ion liS covenllnbe of lll\V of t,he foregoing reservations and restrictions reci wd horein Ae coven!lI1t.'J or th" Ilpplicat.ion of the SMlEl as cllvenente in lll\V particular inetmoe ie held invnJ.id, the particular reeervationn or retltrictiol1lJ in (fleEltion ehaU be conlltmed instead merely as cond:l.tions upoh Ule breach of .nu.ch the UnH.ed StateEI l1It1Y exercise its option to cauee the tilJ.o, interestt rlght of poSSeElnion, anel other rights trmBferreel, or al\V portion thereof, to reverb to it, And tJlA application of eUlm reeel'Vlltiol1s or restrictions aEl covenants in Any oUt"r instance and the constroction of t.he remn:lJlder of su('.h rl'lservations And restrictions es covenants shall not be Affocted thareb;);. !). MINERAL RIOIITS The Orlll1teet for itself 9.J1d its EJUoceSElOl'e IlI1d Rl'l",ignn, agreeEl that no subsurface riWlts to ml.nerels or other interests 1.noluded in ilie property trlll1sferred hereby for Airport purposes shllll be exploi wd in such a ~ all lIill inwrfere lIith tJle efficient operetion of tJle n:l.rport. - 3 - L1~lR 451 A.rAGr ]O? exclusive or non-exclusive use and have exclusive or non-exclll"ive conbrol and possession, without charge, of bhe airporh at which the ahove property is located or lleed, as it th",n exis hs, or of sllch portion Ut",reof ItS it may desire; provided, however, Ull\t the United St.ates shall.> be r.."pons1b1e for the ent1re coa-h of mainba1n1ng such part of the airporb as it mtr..1 llse exolusively, . or over which i'h !MY have exclusive possession or control, during the period of such use, possessj,on, or conhrol and Ahall he obligahed to contribute a reasonable ehare, commensurate with the use made by it, of the cosb of maintenance of IJUch properhy as it !MY use non-exclusively or over whlch it !MY have non-exclusive control and possession; provided, further, that the Unlted states shall ptl;}" a fair rental for ite UA", control, or poss"sslon, "xolu!!ivaly or non-exclusively, of lU\Y improvements to 'hhe a:1rport; Plllde withmt'h United States aid and never omled by the United States. 3. MISCE;LLANEOUS a. lhat no exclUAive rlght, as def:lnlld jn AubAllotion (g) (2) (0) of section 13 of the Surpltt!! Property Act of 19hh, as amended, for Ute use of the uirport at which the above proper!;y is located or used el"tll be vested (eithe1' directls- or indirectly) in allY person or persoml to the exclusion of other" in the sm11e claaA. h. That the Grantee, by acceptMce of th.is deed Md the property conveyed hereby does hereby release the United States from any anrl a11. liability it may be tmder for reBtoration or other dronages under My leMe or other agreement covering Ule ll"e by the United Sbat;e" of allY airport, or part th(!roof, OImed, controlled, or operated by the Grantee, upon which, adjacent to whlch, or in connectioll wihh whlch the above properl;y is or waS located or used; prov:l.ded, that no IJUch re1ell.ae shall be construed ItS depri v:l.llg tltA Grrottee of AllY rlw>- t 1 t nltl;}" otberw.ts!l hAve +'0 reoei ve reblburs!lment under e!lction 17 of the FederAl Airport; Act,ne llmendod, for for t1to nocesflary' rehab:l.li taM.on or repair of p\1bl:!.c airporbl heretofore or hereafter eubetantia11y dllmagEKI by llny Federal. agellcy. - 7 - . . . . lIBER4Gt 4 PAl/WI . --- required to rehabilitate or repair certain of the aforementicned 1.mprovemnt,,,, f9.ci1it.1.es, or equipment, thay IAAy be pro<n~red by demolition of other improve- mP.I1ts, facilities, or equipmmt conveyed hereby and located on the above- desoribed premises, lllllch, in the op:l.tdon of the Adminlst;rator of the FederAl Aviation Agenoy or his euccassor, have (ntt.livad thaiI' usa !IS a:l.rport property. o. That insofar as ia lIi thin its pOllar the Gr!Ultee sh..U adequately clear and protect the aerlal approaches to the a1rport by removing, lowering, relooating; marldng or lighting, or otherwise mitiga-bing axisting airport hazards and by preventing the establlshment or arACt10n of future airport hazards. d. nlat nona of 111a propert;y- descrlbed abova ahall bl;! used, leMed, sold or dispoaed of by the Grantee for oth"r than airport purposes without the written oOt18ent of the Admlntstraror of the Federal Aviation Agency, which consent shaH be granted only if the Administrator of Ute Fedaral Aviation Agency detenn:l.nel'l that tha property- Can be uaed, leased, sold or disposed of for othl;!r than airport purposes without matariaUy and adversely affecting tha development, improvement, operation, or maintl;!nanca of tha a:l.rport at whioh such property is looated. 2. USE BY TIlE GOVERNM'!:NT a. Th.\lt tha Unitad Sta~s of loorlca thrOllgh any of its e"tlloyeel!l or agants shall at aU timea hnva the ri/?t1t to mak9 non-e:xolusiva lIse of the landlng area of the airport at 1I1tl.ch the above property is located or lIsed, wi.thout chargt'l} provided, hOllllver, UtAt ,,"ch lIae m!\v he limJ.ted 1>." IAAy ba determlned at lI1W time by Ule Administrator of the Federal Avlation Agency to be necessary to prevent undue intsrference wi t11 ""e by oUler authorized Airoraft} provided, furl:h.er tha.t the Uni ted Sta~e shall be obligated to pay for damages oaused by such uee, or, if ite lIse of the la.11(l- ing area il!l substantial, to conbribute a reasonable shars of the cos b of maintaining and operat:lng the lancU.ng area conuneneurllte with the use IMde by it b. That durlng lI1W national eoorgency deolared hy Ule Pre",idtmt of the Unitlid States of Amed.ca or the Congress .t.hereof, hlclud:l.ng any existing nationll.l emergency, Ule United States ahaD. have tJle r:l.ghb to m:tlrn - 6 - uBlR4f314 PAGE:JOO Said property trennferred hereby was du1.1' debermlood to be surpltm end assigned to the GenerAl Services Administration for dIsposal, pureuant to the provisions of the Federal Property and ^.dmlnl.strative Servicen Act of 191~9, M amended, end the Surplus Property Act of 19I1h,' a!l amended, and applioable rules, orders and regulation". TO HAVE AND TO HOLD sald premise!l, with Ule I\ppurten!m09'" except the property end rights reserved end exoepted I\bove, under and snb;l"lct to the reservations, restriotions, covenante and condibions !let forth herein, unto the eaid party of the eMond part, it" sucoessors e.n1 AssigtlR, forever. By the aooeptanoe of thi.. deed, or any rights hereunder, the said party of the second pltrt, for iteelf, itl! !l11cce!lllorl! rorl assigns, agrees that the premises oonveyed hereby tlre aocepted l'lubject to Ule follOlllngrol'lorvations, rll!lt,riotlone lUld oondit1on!l set forUl 1n Parsgraph.., 1 through 6 below, wld.ch shtlll be deemed to be covenants running with the land, except that Ule provisions of Paragraphs la and Ib shall be deemed to be oonditions subeequen'b, anyUtlng to the contrll.l"Y herein notwithstanding. 1. USE BY TIlE GRANTEE a. That, except ll!l provided in stlbpnragraph (d) hereof, the above dosoribed proper'1;y, hereinafter ca1led "Ute airport", shall be used for the use md benefit of the publio M a public airport on rell.l'lonable te:rms and without unjust discrImination md wi. thout grant or exeralse of IU1Y exolusive right for use of the airport within the meaning of subseotion 13 (g) (2) (0) of the Surplus Property /'let of 19hh, as amended. b. That, except as provided in subparagraph (d) hereof, the enb:1.re 11lJ1ding ttrea, end all strocturefl, Improvements, faciUt:l.es and equipment in whioh any interest is trtlllsferred shall be maintro.ned for 'Ole use and benen t of the public at aU times in good end l'Iervloeable oondition to Rssure its efficient opera'tion, provided, hOl<<lver, that euch maintenanoe shall be required as to improvement.'l, flldUtles, and equipment orLly during the remninder of their estlmated life Itll determined by- the Admtnistrator of Ule Federal Aviation Agency or 111s successor. In the event materil1.ls are - 5 - . . . . UBER4f3t4 PtlIIE2U9 .RE9EUVING also unt", the United States of Amerioa, its IJIlooe!'J30rs and assigns, an easement for ingre!'Js end egress to and from the premises oocupied by the United StatM of Amerioa in, on, over and throngh Tyler Lane end any avenue, street, road or Illne running "round the cove and dooking Area which mey be inoluded in the above d8!loribed preml"e!!. Subjeot to tJle follol.1ngt (a) Eaeements for tJ19 m.e..i.ntem1l1ce end repeir of tJle 1m ter, eleotrio, telephone and other communi.catlon lines And Be1mr lineR, And .easements for ingress and egress for such purposes granted or 00 be granted by tJle party of the first part to Race Point CorporaHoll by the aforesaid deed dAted ~ f', ( 'I S'1. (b) Existing easements for publio ronds and highweys, publio utilities, pipelines, drainage and sewar matnR llffeotl.ng the premises. (0) Terms, provisions, ootuittions, oovenants And restriotions oonteined in instrumentR of reoord. (d) Lease NYDRE (11)-38h'7 00 Fishers Island Telephone Corpontion, Fishers Island, New York, terminating July 2, 1959, le",,1ng oertain property for comnuniollt10n purpOR"" and for the inllt.n.llat10n of one pa.tr of .telephone oonduotors, enonsed in o"ble 9.-"Ctendlng approrlmately 2,000 feet from the lIIll1n gate, Fort H. G.Wright, along Whisiiler Avenue to BuildiJ:tg No. 116 at eeid ml.litnry reservation, togetJler wlth the ril?Pt to ley end maintein II telephone line lldjacent 00 South Hi11tllIY noad on said reservaM.on, a distanoe of approrlmately 550 feet from said Building No. 116 to Bunding No. 25b and further, the ril?Pt to install and mainta.i.n a te19p110ne on tJle outBide of wall of Building No. 25h. (e) ru.ghtB granted or to be granted ,hi tlle Raoe Foint Oorporation to UBe, oOO11py and maintain Bu:l.ldlng F-) and F-)A for telephone and other communication purposes, and Bnild.tugs 200 and T-J02 for sew..ge purposeB, situated south of Whisiiler Avenue near tlle ellsterly bonnda.ry of the above desor.tbed premiae", near Prospeot Road. - It - L18tR4614 PAGE2B8 ~'OGEmgR AlSO with tJHl riparian rlg]1ts, if any, ondthc right, tiUe lUld interest to the land under wIlter imme,li.ateJ;y in front of ".nd on the shore9 adjoin1ng a portion of the premtses above dencribed and under the waters of Fishers Island Sound on the nor11l as granted by Letters"Patent recorded in the Office of tile Secretary of State, Albnny, New York, in Boole of Patents "" at Page 67h insofar ll.!l the llUlds under watl'lr adjoin and are appurtennnt to the above described property and as shOml upon the 1MI' on file in Ule Office of the Secrete.ry of State relating to Bald Patent. TOGE'llI&R ALSO wit.h and subjec t to the provisions of decd by the party of the flrst part to RaM Polnt Corporat.1on dated ~l ((,r Iff", convey1ng property north of Whistler Avenue. EXCEP'l'ING, 1I01-JEVE:R, from 11le above described property the lla.1.t-water distribution system, the fre!lh-water distribution system, t.he "lMtrlc dis- tribution system, the sam.t;nry Bewer system, snd nil teJ.ephol1ll IIml otJler comnnnication llnes serving tha property hereby conveyed and Ute property looated north of WhistLer Avenue nalf or formorly of the party of tJle first part. RESERVING unto tJle United StatM of Amerioa; It.. suocessors Iilld asslgne, the rIg]1t of ingress and egress for tJle purpose of mainta1nlng, :r.epro.rlng and removing of the storm wamlng tolfflr (lnd equipment 100ate,I on the easterly boundary of the above descrlberl prentl.ses, n""r Prospect Road. rn;sERVINU also unto the United State!! of Amerloa, its ffilocessors lUld !lB9ign..., the right to berth In Sdlver Eel Cove And tJl!l r:tght to u"e 1119 docks or piers lnclude,l In 11113 above descr:tbed premises, witJ101lt any charge or expenee. IlESEll.VIN(} MilO 1mto tJle United States of Amerloa, it.s BUcoeSSOrll and Illlsigns, fue right to use In common with others for roadw,\\, end hlg1w,\\, purposes, WhistLer Avemle, 'rrumbuJ_l Drive, and Nor111 Milit,ary Road, also known AS Greenwood Road, 1mtil suoh tlme as the SMe are dedloated for pliblio road andhlghw,\\, pttrpOBIlS. - 3 - . , . " . . USER 4 () 14 PAGE 2~J7 th~ shore of Fishers Ieland Sound and Block Island Bound a total distance of about 8300 feet, thence on a course of Hortlt 1.3 degrees 20 ml.nutes West 107 feet, thence North 76 degreea (J l\tI.nutes Eallt 3B6 feet, thence North 39 degreell lllllWutee Iro seoondll West 64.38 feet; thenoe North 39 degreeelr$ ml.l1Iltee 10 seoonds West 226.2B feet; theneeSollth 2$ deghes 36 lllWut.eS $0 seconds East 32.38 feet, thence South 26 degreee 2 m1.11\ltes 30 seconds West 131.01 teet, thence South 17 degrees 17 ml.l1Ilt,ee West 202.32 feet, thenoe North 67 degress 3B mI.I1Utes West 342.57 feet, thence North Bl degrees 20 minut,es West hh7.94 feet; thence North 7B degrees 31 mI-I1Iltes 10 seconds West 2B1.33 fl'll'lt, thence North 84 degrees 21 m\.rn;ltes 15 seconde West 31.5.39 feet; tJtence North h7 degrees 7 mI.I1Utee 40 seconds West $14.09 feet to the point ot beginning, the lRSt 8 line!! foUolling along the South- easterly, Southerly and SoutJtlrnst,erJy ltne of Beach Avenus. 2nd Traot Beginning at a point on the Northerly s:!.de ot Whistler Avenue, said po:!.nt being looated 201.11 feet South and $h96.17 feet West of U. S. Coast & Geodet:l.o Triangulation StBt:l.on "PR03" and from said point running North 2$ degrees 10 minutee West 165.9 feet, tJtence NortJt 79 degrees 3 m1.ootes West 105.9 feet, thence North 25 degrees 36 mtnut""s Weflt 37 feet, more or less, to the Bhore of Silver Eel Cove, tJtence in a Northwesterly direotion along the shore of the Cove about Ih5 feet, thence NortJteA8terly at right anglee 25.2 feet, tJumce Nortll1ffist.erly abOut 360.h feet, the last two llnes being Along the dock, thence South 47 degrees 31 lllWutes West 275.9 feet; thence South hI degrees 52minutea East 610.6 feet, thence NortJt 67 degrees 13 Illwut,es East 30.;>5 feet, this line abutting Southerly on Tract #1, thence North 111 degrees 52 minutes 'West 575.11 feet, thence North 117 degrees 31 ml.nutes Ell8t 97.86 feet, tJtence South L3 degrees 6 mI.I1Utes Eallt 4B9.47 feet, tJtence North 67 degrees 17 minutes East 157.85 feet, tJtence NortJt 53 degrees 15 ml.ootes East 89.31 feet) thence Bouth 25 degreee 10 mtnutes Eaet. 159.9 feet) thence North 67 degrees 13 ml.ootes Eflst 2h.2 feet to tlte h:"t of beginning, this last Une abutting Southerly on Tract TOGE'lHER WI'IJI the avermes, st.reets, roads, IllItes, run.my'f'1 and other paved areas and together also w1,l;lt BuUdtngs Numbered 8, 50, 62, 101., n1j, 116, 126, 127, 130, 150, 161, 239, 25h and T,365. TOGETIIER AL80 1Ii th t.he appurt..nances and "II Ute estat.. ..nd right.s of the party of th.. first pIlrt in roto to said premises. - 2 - \~ c:i ~ ;)\ o ~~. , " ~ :':1~, .) dJ <lJ T-:q (Y~ L1BER4614. rNlf.~nG Q./ITCLAlMIEFJJ TillS INUEN'l\IIlE, made this I' day of a~/1959, between the UNITED STA'l'ES OF A1lElUCA, noting by Ill1d thraugh t.he AIJ/IINJSTIlA'!'OR OF GENER1IL SERVICFS. under Itnd pursuant. to pouers and m1thorUy oontll:l.ned :In .," the Federal Property and Mntl.nlstrat,lve Servloes Act. of 19119 (63 stitt. 377) as ronended, !:Ind the Surplus Property Act of 191111. (58 Stat. 765) M amended, and Regulations and Orders pronmlgated theretmder, party of th", f:lxst, part, and the 'lUWN of SOUTlIClLD, Suffolk Count.y, 9. muntclpa). corporatIon exl.sUng under -the lam! of the State of New York, party of the second pltrt. (sollleltlmes hereinafter referred to "" the IIGrRl1tee"), WITNESSETH I That the Ilald pllI'ty of -the f:l.rst part, for wd in oOllsiderat.ilJll. of the aSSl1l11pt.ion by the party of the second part of I'll the obl1.gat:l.one and the taking subject to certa:l.n reservations, reet.rIc\;:l.ons, condlt:l.ons and covenants, all as set aut hereinafter, dOM hereby remise, relealle end forever quitclalm unto the party- of U,e second part, 1 ts euccellSOrB and assigns, wi thaut representation or warrlll1ty-, roq>ress or impl.:I.ed. under lmd BUbject to the reservatlone, restrictions, con<lI.t:l.one, covenan\;s end exceptions AS hereinafter set forth, the following desoribed property I All Ulose tracts, pil'lC9S or parcoIs of land situate on Fi.shers Jslrold ln the ,!'own of Smlthold, County of SUffolk, State of New York, bounded end desoribed as foUom! t 1st Traot Beg:lnnIng at the :I.nterseotion of tJ", Smlthlfflsterly line of Beach Avenue with tho Sou'Uleaster1.y line of F"lues\;rlan Avenue, sald po1nt belng 10cat.ed 618.25 feet NorUl !Il1d 3873.92 feet West of U. S. Coast & Geodetio Trian~ulQHon Station "PllOS" Ill1d from sald poin'\; running on 8. oaurse of Bouth hI degrees 1+6 ntl.nutes West 59.7 feet; thence South 7& degrees 28 minutes 15 seconde West 11.05 feetl these last t.wn Hnes being along tho Southeasterly Uno of F.questrlan Avenue; thenoe South 28 degrees 19 nt\.nUtes West 119.31 feet; thenoe SOlltJt 46 degrees 39 nt\.nUtes Wes\; 82,6 feetl thence Sonth 67 degreell 13 minutes West 2723.2 feetJ thence Smlth 22 degrees 47 ntl.nutes East 125.0 feetl thenoe South 67 degrees 13 ntl.nutes West 329.2 feetl thenoe North 22 degrees h7 ntl.nntes west 125.0 feetl thence South 67 degrees 13 m.tnutes West. 785,60 feet to the Eastsr1.y shore of Fishers lsland Sound I thence in a generll1 SOl1ther1.y and Eaeter1.y direc \;:l.on along . , . . . I t. l J ,- ,,),. BE IT FURTHER RESOLVED, that all revenues, of whatever kind or nature, arising out of the maintenance and operation of such airport or landing field, shall be the property of the said Ferry District, and shall be treated in the same m~nner as prescr ibed in Section 6 of Chapter 699 of the Laws of 19~ 7 , as amended by Chapter 82 of the Laws of 1950. ^ll costs, expenses and liabilities, of whatever kind or nature, whether tort or contract, arising out of th~, O'ovnership, maintenance and operation of such airport or landing field shall be charges against the said Ferry District and paid out of Ferry District funds. 'rhe annual esli.mate required to be made By the Board of Ferry Dlstricl: commissioners pursuant to Section 10 of Chapter 699 of the Laws of 19~1, shall in-- elude anticipated revenues and expellditures arising out of the ownership, maintenance and operation of such airport or landing field. Vote of Town Board: Ayes-Supervisor Kl.ipp; Councilmen Albertson and Demarest; Jl~ices Tuthill and Clark. Adjournment was at 6,15 P.M. Ralph P. Booth 'l'O\;.Jn Cl,er)< iSH 1;'.,9 1Ft Hoved by Justice Clark; seconded by Councilman Demarest: WHEREAS, the Town Board of the Town of Southold by resolution duly adopted on the 7th day of September, 1954," author ized the ac- quisition from the United States Government of an airport or land- ing field known as "Elizabeth Field" and appurtenances at Fishers Island in the Town of Southold, Suffolk County, New York, and WHEREAS, the Town of Southold thereafter duly made application to the General Services Administrations of the United States Government for the acquisition of said property by application dated september 9, 1954, which said application was thereafter amended and revised by a further resolution of the Town Board of the 'I'own of Southold duly adopted ou the 9th day of December, 1958, al'd, mmREAS, the Town of Southold acquired title to said airport or landing field and appurtenances from the General Services Admin- istration of the United States Government by deed dated /\pril l6, 1959, and WHEREAS, the Town Board of the 'rown of Southold now desires to delegate jurisdiction, control and superv1sor of said airport or landing field to the Board of Conunissioners of the Fishers Island Ferry Distr ict, as provided by Chapter 620 of the Laws of 1951, NOW, THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Southold aoes hereby delegate jurisdiction, control and super- vision of the said airport or landing field known as "Elizabeth Field" and appurtenances located at Fishers Island, Suffolk County, New York, to the Board of Commissioners of the F1shers Island Ferry District, and BE IT FURTHER RESOLVED, that the said Ferry D1strict Commissloners may: (a) Equip, maintain, repair and operate such airport or landingf field (b) Subject to the approval of the Town Board of the Town of Southold, adopt:' ahd amend from time to time, rules and reg- ulations governing the operation and use of such a1rport or landing field (c) Provide such services and facilit1es as are usual and incid- ental to the operation of an airport or landing field, and fis from time to time, the fees, charges, rentals or other consider- ation for the rendering of such serv1ces and the use of such facilities (d) Subject to the approval of the Town Board of the Town of Southold, and after a public hearing held by the Board of Ferry Commissioners, grant licenses, concessions, and privileges and sell space and rent premises to such grantees and licencees for the carrying on of the business of furnishing services, supplies and materials required for the maintenances, repair and operation of aircraft and such other services, supp11es, and mater ials reasonably necessary or incidental to the oper-- ation of such airport or landing field (e) Contract at the expense of the said Ferry Distr1ct for illsur- ance 1ndemnifying the Ferry D1st.r1ct, or the Town, or both, against loss arising foom injuries to persons or property arising out of the maintenance and operation of such airport or landing field (f) Cause Ferry District property to be insured against loss or damage from fiee or other hazard (g) Subject to the approval of the 'rown Board of the 'l'own of Southold and after a public hearing hy the Board of Ferry CommJ.ss1oners, lease such portion of the aJ.rporl: or landing field not requiICpd for airport or landing field purposes for any legal business purpose. . .' : . . . UfJER MJl4 PAGE ~J04 6. RIGlIT OF INSPEDTION n1e Graneee, for itself and ita successo,ro and assigne, agrees thae the General Services Adninistration and the Federal Aviation Agency, or the dseignated representaLi.ves of either of them, or thatr successors in funot1.on, ehall have the right to inspeot the rorport at all times. IN WI1NEBS HIlEmnF, t.he party of the .f1rst part. has oaused th:ls instrume:nt to be exeouted in its name by Walter F. Iblffiey, neglonal Oo01l1dooioner, Region 2, Genard Services Adniniotrat:ton, who has h"lreunto affixed his hand and oeal the day and year first above written. U/lJ'['r-:1J STATES OF AMFItICA Act.ing by and through the AUHNIS'lIU1.'lUR OF UJiNHUI.J. SHlVIG!iS Wimesol c~_~.!~~., - 9 - \ >- !Q:. lI> "0 E C C :l '-100 .8tii ...-- <!..,5 c~~ ",1Il~ 0'- I-Ll.. UJ ...J Ll.. .' Llf3EIl1n14 IW;f ]05 STATE OF NEll YORK l ) ) SSI COUN'rY OF NEW YORK On thi9 16 day of (ZrfA-C( , 11;:.r'1, before me personally appeared Walter F. Downey, Ragional Commissioner, Reglon 2, New York, General Services Adm:l.nis trat:lon~ reslrUng at IS OVerhill Lane, Flower lIill, L.1... New york, to me !mown and kno.Tll to me to be the :I.ndiv:ld'Jal descd-bsd in and who executed the foregolng inrtrumont and to be the Regional Gonun:lAsloner, Reglon 2, New york, Genenil. Serv:lces Adminis trat:lon, duly delegated, empowered and authorized by the Administrator of General Servioes, and who aolmowlerlged that he executed the foregoinl~ i.nstrument for and on behalf of the Adm:lnlsLrator of Genaral Services, actinl'" for and en bahalf of the tlni ted states of America for the purpose!'! and USM therein describad. I . . _L::'// Cl...'-~. .{/r0. ,. c.... LC,._. STATE OF NEW YORK ) ~ SSI COUNTY OF ) on the day of P^Ul r CIRillO NOT MY PU911C . q ^IE Of NEW YORK No. 1~.5699750 QUlllililld i.. KlnQt Cl:lllrll)" (lid. ril~d with lh'l' N-w V'll"- Co, ClerW C"mmi"ioll hpirN Mmcl1 JO, 1961) ,19 ,before me came , to me !mown, who, being by me duly sworn, di.d depose and say that he resides lit J that he is of , the c orporll tion deB- cribed in, and which executed the foref(olng lnBtrumont; that he kno.1S the seal of sald corporatIon) that the seal affixed to said lnstrument is such corporate seal) that 1t was eo affixed by order of the Board of D:l.rec\;ors of Bald corporation and that he signed hJ.a nama thereto by 1:I.1<e order. RECORDED u\pn 2. {1 ~ol! 9 @j:ll" . M. ALEX JA.alm o.,~ DI 5"U,,\\t. COUf\\f ; . .