Loading...
HomeMy WebLinkAboutFI Ferry District Bd of Commissioners . '<.. ' -"'. v ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER (, .\ .)~\..\r-. \<.f~'\ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 313 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners ofthe Fishers Island Ferry District to enter into al!reements with the followinl! individuals and companies for the period Mav 1, 2003 throul!h Mav 1. 2006: SQFT RENT/ LESSEES RENTAL PROPERTY DESCRIPTION INTER. MONTII Harold's Office space--Building #209 900 $100.00 J. Raridon Office space--Building #209 960 $100.00 Job Building #383--West side 1,300 $150.00 Faulkner Building #383--East side 1,800 $180.00 Cole Cinderblock building by airport--400 sq ft 400 $25.00 Walsh Administration building at the airport 2,870 $500.00 Race Rock Mosquito Hollow, buildings and areas $1,000.00 Malinowski 3 open bunkers (600 SQ FT) Mosqu. 900 $25.00 Allie Raridon Office space--CG Building 800 $250.00 Paul Tombari Bldg 209, South side, small area 225 $25.00 John Ski Open area behind Bldg. 209 $25.00 (1~~Cl.~"'~' Elizabeth A. Neville Southold Town Clerk .. ., RESOLUTION MAY 20, 2003 v - 313 RESOLVED that the Town Board of the Town of South old hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to enter into al!reements with the followinl! individuals aud companies for the period May 1, 2003 throul!h May 1. 2006: SQFT RENT! LESSEES RENTAL PROPERTY DESCRIPTION INTER. MONTH Harold's Office space--Building #209 900 $100.00 J. Raridon Office space--Building #209 960 $100.00 Job Building #383--West side 1,300 $150.00 Faulkner Building #383--East side 1,800 $180.00 Cole Cinderblock building by airport--400 sq ft 400 $25.00 Walsh Administration building at the airport 2,870 $500.00 Race Rock Mosquito Hollow, buildings and areas $1,000.00 Malinowski 3 open bunkers (600 SQ FT) Mosqu. 900 $25.00 Allie Raridon Office space--CG Building 800 $250.00 Paul Tombari Bldg 209, South side, small area 225 $25.00 John Ski Open area behind Bldg. 209 $25.00 " 0; Minutes ofthe Meeting Ofthe Board of Commissioners Of the Fishers Island Ferry District A Public Hearing of the Board of Commissioners of the Fishers Island Ferry District was held in the Fishers Island Fire Department meeting room Ferry on Thursday, May 1,2003, at I :00 PM. Present were Commissioners duPont, Burnham and Giles. Commissioner Esser joined via telephone. Also present: Bill Faulkner, Brian Faulkner, Allie Raridon, Harold Cook, Jan Cook, Dick Cole, Paul Job and Chad Mrowka. Minutes ofthe previous meeting were read and approved. Moved by Commissioner Burnham, seconded by Commissioner duPont. Ayes all. A listing of the outstanding obligations ofthe District was distributed to the Board for audit and discussion. At the conclusion of the discussion a resolution to pay the outstanding obligations of $32,206.48 as represented by vouchers #2903 through #2924, dated May 6, 2003. Moved by Commissioner Esser and seconded by Commissioner Burnham. Vote of the Board of Commissioners: Ayes: Commissioners Giles, duPont, Burnham and Esser. Nays: None Public Hearing I. The Public Hearing for the renewal ofthe leases ofthe Ferry District rental properties was opened at 1:12 PM. 2. The Manager read the Public Notice of Hearing which was advertised in both Southold Town's newspapers and posted throughout the island. 3. Chairman doPont reviewed all of the outstanding leases including the rental space areas allowed and the monthly fees. The public was asked to comment. I. The Commission's decision not to allow trailers on any of the district properties was questioned. The Commission will research other areas to store the trailers, but could not guarantee finding anything. 2. Clean up ofthe properties was discussed and again the Board emphasized the importance of keeping the rental areas clean. 3. Removal of abandoned vehicles was discussed. The Board felt that the removal of cars from the island was the responsibility of the owner. .' \ On a MOTION by Commissioner duPont and SECONDED by Commissioner Giles, The following leases were approved for the term of May 1,2003 until May 1,2006. SQFT LESSEES RENTAL PROPERTY DESCRIPTION INTER. RENT Harold's Office space--Building #209 900 $100.00 J. Raridon Office space--Building #209 960 $100.00 Job Building #383--West side 1,300 $150.00 Faulkner Building #383--East side 1,800 $180.00 Cinderblock building byairport--400 Cole sq ft 400 $25.00 Walsh Administration building at the airport 2,870 $500.00 Race Rock Mosquito Hollow, buildings and areas $1,000.00 Malinowski 3 open bunkers (600 SO FT) Mosqu. 900 $25.00 Allie Raridon Office space--CG Building 800 $250.00 Paul Tombari Bldg 209, South side, small area 225 $25.00 John Ski Open area behind Bldg. 209 $25.00 All of the leases were signed by both the District and the lessee. Copies were distributed to all. Final comments were made and the Public Hearing was closed at 2:20 PM. The next meeting is scheduled for Thursday, May 15, 2003 at I :00 PM, at the offices ofthe Fishers Island Ferry District, Fishers Island, NY. Meeting adjourned at 2:55 PM. Respectfully submitted, Thomas F. Doherty District Manager/Secretary ./ FISHERS ISLAND FERRY DISTRICT lEASE THIS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: HAROLD'S LLC, FISHERS ISLAND, NY 06390, Herein after referred to as IlTenant'\ subject to the following terms: ]. Leased Premises. District has agreed to lease to the Tenant approximately 900 square feet of INTERIOR space in BUILDING #209 . With the privileges and appurtenance for and during the term of May 1, 2003 to May I, 2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ 81,200.00, payable monthly on the fifteenth (15") day oftbe month in installments of $100.00. 3. Maintenance. It is further understood that Tenant agrees that be will maintaio the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he wilL at bis own expense, provide aU telephone, electric and water sernce to said premises, as necessary, with payments going directly to the F. 1. Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintaio a blanket liability insurance policy in an amount of not less than $],000,000.00, which shall include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration oftbis lease, includiog any extensions, Tenant shall surrender said premises to the District in a repaired oondition, necessary wear and damage by the elements excepted. 7. Comoliance. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the oorrection, prevention, and abatell1ent of nuisances or other grievances, in, upon, or cormected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. Assilmment. Tenant shall not assign this agreement, or underlet or under]ease the premises, or any part thereof, without the District's oonsent in writing. 9. Notice. Tenant must give the District prompt notice of fire, accident, damage, or daogerous or defective condition. If the Premises cannot be used because offire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. Ifpart of the Premises cannot be used, Tenant must pay rent for the usable pan. The District shall have the right to decide which part of the Premises is usable. The District need onty repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then aU repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant ofliability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. ~ . S'd EGSS-BBl.-IE9 a01.:J-..fO ssau~snB d9v: 10 EO 91 1';"101 .' 10. Desertion. Vacancv. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be. made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges doe and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency. 11. Liabilitv, The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. Aereed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant shan sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangement. or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditor or take advantage of any insolvenC}' act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Perfonnance. The failure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. TIlls instrument may Dot be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures nr Pronertv. If after default in payment of rent or violation of any otller provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default. removal, expiration of lease. or prior to the issuance of the final order or execution of the warrant. then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the District. 16. Monetary Liabilitv !Tenant). In the event that the relation of the District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant. it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District daring the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive triaJ by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, andlor any claim of injury or damage. S'cI clSp:Yo EO SY ~~~ EGSS-BBl.-YES a01jjO ssau~snH ./ 17. Waiver of Ril!bts. Tenant waives all rights to redeem under any law of the State of New York 18. Ril!bt of Cancellation. Either party bereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to lbe said cancellation. And the said District doth covenant that the said Tenant on paying said monthly rent, and perfnrming the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall be conclitioned upen the retention of title to the premises by the Town of Southold, NY. And it is mutua1Jy understood and agreed that the covenants and agreements contained in lbe wilbin lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrdtors. In Witness Whereof, lbe parties have interchangeably set lbeir hands and seals (or caused these presents to be signed by their proper corporate officers and caused lbeir proper corporate seal to be hereto affixed) this 1st day of MAY. 2003. Signed, sealed and delivered In lbe presence of: Fishers Island Ferry District By: rf) ,d d FISHE SLAND FERRY By: ~. l..'d EGSS-881..-1E9 aO~J-.fO ssau~sna dl..~:10 EO 91 ~~W ADDENDUM TO LEASE HAROLD'S LLC BUILDING #209-0FFICE SPACE EXTERIOR USE PERMITTED FIVE Parking spaces Storage space UPSTAIRS Allowed equipment: CONDITIONS: Fisher Date I. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. c :) /J //17 / / Date S"d EGSS-SSl..-1E9 a::J~JJO ssau~sn8 dl..v:10 EO 91 kew ~ . FISHERS ISLAND FERRY DISTRICT lEASE THIS AGREEMENT between the Fishers Island FelT}' District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: PAUL JOB CONTRACTING, FISHERS ISLAND, NY 06390. Herein after referred to as "Tenant", subject to the following terms: 1. Leased Premises. District has agreed to lease to the Tenant approximately 1,300 square feet of INTERIOR space in BUILDING #383, WEST . With the privileges and apptUtenance for and during the term of May I, 2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. ~ Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ 51,800.00, payable monthly on the fifteenth (15") day or the month in installments of 5150.00. 3. Maintenance. It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company. Teoant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintain a bJaoketliability insurance policy in an amount of not less than $1,000,000.00, which sbaIl include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, including any extensions, Tenant sbaIl surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Comuliance. Tenant shall promptly execute and comply with all statutes, ordinances, mIes, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and sbaIl also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. As.il!Dment. Tenant sbaIl not assign this agreement, or underlet or under lease the premises, or any part thereof, without the District's consent in writing. 9. ~ Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because offire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant. Tenant's enrployees or invitees, or at lbe time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of lbe fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms orNew York Real Property Law Section 227. ~ . 1'd EZSS-BBl.-1E9 aO~J-..to ssau1sna: dES:IO EO 91 ~ew .' 10. Desertion. Vaeane~. or Default. !fthe said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, swmnary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant whQ shall remain liable for any deficiency. II. Liabilit~. The District is exempt from any and all liability for any damage or injury to person or propenty caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injary resulting or arising from any other cause or happening whatsoever unless said damage or injary be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for thc District to reenter the said premises, and the same to have again. repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter, 13, A2rccd. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed. or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignmentfor the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. J 4. PerformaDce. The failure of the District to insist upOD a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District mal' have, and shall not be deemed a waiver of any subsequent breach or default in the tenns, conditions and covenants herein contained. 'This instnunent may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Property. !f after default in payment ofTent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other propenty prior to such said default, removal, expiration oflease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and propenty shall be deemed abandoned by the said Tenant and shall become the property of the District 16. Monetary Liability (Tenant). In the event that the relation of the District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant. it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach o I' the covenants herein cnntained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder nfthe unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutna1ly agreed between the District and Tenant that the respective parties hereto shall and hereby do waive tria1 hy jary in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim ofinjary or damage. ~ . God EGSS-BBl.-IE9 ao~.f..fO ssau~sna dES:IO EO 91 ~e~ 17. Waiver of Riebl.. Tenant waives all rights to redeem under any law of the State of New York. 18, Riebl of CanceUation. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said cancellation. And the said District doth covenant that the said Tenant on paying said monthly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall be conditioned upon the retention of title to the premises by the Town of Southold, NY. And it is mutually understood and agreed that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators, In Witness Whereof, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this 1st dav of MAY, 2003. Signed, sealed and delivered In the presence of: By: ~ . . I:"d 1:255-88l.-11:9 - ao~.f.fO ssau~sn8 d1:5:10 1:0 91 ~ew ADDENDUM TO LEASE PAUL JOB CONTRACTING BUILDING #383-WEST SIDE EXTERIOR USE PERMITTED Parking spaces FOUR Storage space 200 SOUARE FT. NEXT TO BUILDING Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. G Fishers land Ferry Distric Sj/ /cfJ I I p&~ ~ul Job Contr ng Date &.. -j; fa...t. Date ~ . . v'c1 E2SS-881.-1ES ao~.f.fO ssau~snB: c1i>S:lO EO Sl ~ew FISHERS ISLAND FERRY DISTRICT LEASE THIS AGREEMENT between the Fishers Island Feny District, a district eorporation of the State of New York, Counly of Suffolk, hereinafter referred to as the "District", and: FAULKNER CONTRACTING, FISHERS ISLAND, NY 06390, Herein after referred to as "Tenant", subject to the following terms: 1. Leased Premises. District has agreed to lease to the Tenant approximately 1,800 square feet of INTERIOR space in BUILDING #383. EAST . With the privileges and appurtenance for and during the term of May 1,2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ 52,160.00, payable monthly on the fifteenth (15"') day of the month in insta1hnents of 5180,00. 3. Maintenantt. It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will. at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintain a blanket liability insurance policy in an amount of not less than $1,000,000.00, which sha1l include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Comnliance. Tenant sball promptly execute and eomply with all statutes, ordinances, roles, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatemenl of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. Assilmment. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without the District's consent in writing. 9. Notice. Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The District sball have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notiee of the District's intention to demolish or rebuild The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required tu repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. S'c1 EGSS-BBl.-IE9 ao~..f..fO ssau~sna c1vS:IO EO 91 ~ew 10. Descrtion, Vacancv, or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Terurnt shall pay at the same time as the rent becomes payable under the terms hereof a swn equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of reswning or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other cbarges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency. II. Liahilitv. The District is exempt from any and all liability for any damage or injmy to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein oontained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. Al!reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant shall seU, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordirurnces, roles, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assigrunent for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the tean hereof shall expire and corne to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Performance. The failure of the District to insist upon a strict performance of any of the tenns, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, oonditions and covenants herein contained. TIlls instmment may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Pronertv, If after default in payment ofrent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the District. 16. Monetary Liability ITenann. In the event that the relation of the District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant e,':pressly agrees to pay as damages for the breach of the oovenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired teon, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injmy or damage. S'd E2SS-BBl.-~ES a::)"!=.f,fO ssau1=sna dvS:10 EO Sl kew 17. Waiver of Ri!!hts. Tenant waives all rights to redeem under any law of the State of New York. 18. Ri!!ht of Cancellation. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said cancellation. And the said District doth covenant that the said Tenant on paying said monthly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall he conditioned npon the retention of title to the premises by the Town of Southold, NY. And it is mutua1ly understood and agreed that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. In Witness Whereof, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) Ibis 1st dav of MAY. 2003. Signed, sealed and delivered [n the presence of: Fishers Island Ferry District ,J.A all! AND FERRY Dl CT B~S\__~- FAULKNER CONTRACTING ~ . L'd E2SS-BBL-IE9 aOJ....J-O ssau'!sng d9S:10 EO 91 ~~w ADDENDUM TO LEASE FAULKNER CONTRACTING BUILDING #383-EAST SIDE EXTERIOR USE PERMITTED Parking spaces FOUR Storage space 200 SOUARE FT. ACROSS FROM BUlLDING Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. ~-^DL- Faulkner Contracting Date S) I /0 S , , Date ~-,. I- .~I j c'-t<, I / - . dSS:to ED 91 ~~w ~ . B"d EGSS-BBl.-1ES a::J~.t.to ssau~sna FISHERS ISLAND FERRY DISTRla LEASE TIDS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: RICHARD COLE/LANDSCAPES, INC. IVORYTON, CT 06442 Herein after referred to as "Tenant", subject to the following terms: 1. Leased Premises. District has agreed to lease to the Tenant approximately 400 square feet of INTERIOR space in AIRPORT-CINDERBLOCK BUll..DING . With the privileges and appurtenance for and during the teon of May 1,2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ $300.00, payable monthly on the fifteentb (15lb) day of tbe montb in installments of $25.00. 3. Maintenance. It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintain a blanket liability insUIallce policy in an amount of not less than $1,000,000.00, which shall include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, including any extensions. Tenant shall surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Comnliance. Tenant sball promptly execute and comply with all statutes, ordinances, roles, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in. upon, orconneeted with said premises during said term; and shall also promptly comply with and execute all roles, orders and regulations of the New York Board of Fire UndernTiters, or any other similar body, at the Tenant's own cost and expense. 8. Assil!llmenl. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without tile District's consent in writing. 9. ~ Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. !f the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. !f part of the Premises cannot be used, Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally instaIled by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. !fthe fire or other casualty is caused by an act ornegleet of Tenan!, Tenant's employees or invitees, or at tile time of the fire or casualty Tenant is lo default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel Ibis Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is lotended to replace the terms of New York Real Property Law Section 227. S"d EilSS-881.-1E9 aO~J-jO ssau~snH d9S:10 EO 91 ~ew lU. Desertion. Vacancv. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be trulde in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who sball remain liable for any deficiency. II. Liabilitv. The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. Al!reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant sba1I sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant sball fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Govenunents or of any and aU their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or ammgement, or Tenant be adjudicated a bankrupt or make an assigrunent for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminale this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice mal' be given by mail to U,e Tenant addressed to the demised premises. 14. Performance. The failure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed. modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Pronertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiration of this lease; the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property priorto such said default, removal, expirationoflease, or priorto the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by Ibe said Tenant and shall become the property of the District, 16. Monetary Liability /Tenantl. In the event that the relation of the District and Tenant may cease or terminate by reason of the reenlly of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and sba1I pay in monthly payments the rent which accrues subsequent to the reenlly of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired term, such difference or deficiency between Ibe rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury Or damage. Ol'd E255-BBl.-IES ao~..t..to ssau~sna dSS:IO EO SI ~~W 17. Waiver of Rimt.. Tenant waive. all rights to redeem under any law of the State of New York. 18. Rieht of Cancellation. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said cancellation And the said District dotlt covenant that the said Tenant on paying said monthly renl, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy tlte said demised premises for the term aforesaid. provided however, that this covenant shall be conditioned upon lbe retention of title to the prentises by lbe Town of Southold. NY. And it is mutually understood and agreed that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and adntinistrators. In Witness Whereof, tlte parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) Utis 1st day of MAY, 2003. Signed, sealed and delivered In the presence of: Fishers Island Ferry District ~,,~ ISTRICT &c~ RI COLEILANDSCAPES, INC 11 . d EZSS-BBl.-YE9 aO~J-jD ssau"!=sna dBS'YO EO 9Y ~ew , ~ . . 21"01 ADDENDUM TO LEASE RICHARD COLE---LANDSCAPES, INC AlRPOR T -SMALL CINDERBOCK BUILDING EXTERIOR USE PERMITTED Parking spaces TWO Storage space NONE Allowed equipment: CONDITIONS: I. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as Cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior of leased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the Jeasedpremises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. Date , - I) d rC i@(0'( ....". sland Ferry District < f/;' / t!') / / t?~~~I" Date 0185:10 EO 91 kew E255-881.-1E9 ao~.f..fO ssau1sna Ma~ 16 03 02:02p Business OFFice 631-788-5523 p.l . . . - FISHERS ISLAND FERRY DISTRICT LEASE THIS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: WALSH CONTRACTING, FISHERS ISLAND, NY 06390 Herein after referred to as "Tenant", subject to the following terms: 1. Leased Premises. District has agreed to lease to the Tenant approximately 2,870 square feet of INTERIOR space in AIRPORT ADMINISTRA nON BUll..DING With the privileges and appurtenance for and during the term of May I, 2003 to May I, 2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ S6,OOO.00, payable monthly on the fifteenth (IS"') day of tbe montb in installments of 5S00.00. 3. Maintenance. It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he wil~ at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintain a blanket liability insurance policy in an amolUlt of not less than 51,000,000.00, which shalI include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Comnliance. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. Asshroment. Tenant shall not assign this agreemenl, or IUIderlet Or under lease the premises, or any part thereof, without the District's consent in writing. 9. Notice. Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because offire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully tUlder the District's control. If the fire or other casualty is caused by an act or neglect of Tenanl. Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cilst of the .repairs will be added rent The District has the right to demolish or rebuild the Building if there is substantial damage by tire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. Ma~ 16 03 02:02p Business OFfice 631-788-5523 p.2 . . . - 10. Dcsertion. Vacancv. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be made in tltc payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, swnmary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved Iterein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficieucy. 11. Liabilitv. The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due 10 the negligeuce of the District. 12. Default. If default be made in any of the covenants herein contained, then it shaJI be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. A2reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governmeuts or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assigrunent for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end On the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Performance. The fallure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein shaJI not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Prooertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the propert)' of the District 16. Monetary Liabilitv (Tenant). In the event that the relation of the District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant sball remain liable and shall pay in monthiypayments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired tenn, such difference or deficiency between the rent berein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained: and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclairn brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, andlor any claim of injury or damage. Ma~ 16 03 02:03p Business Of'f'ice 631-788-5523 p.3 . --....... 17. Waiver of Ri2bts. Tenant waives all rights to redeem under any law of the State of New York. 18. Ri2ht of CanceUation. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said canceIlation. And the said District doth covenant that the said Tenant on paying said monthly ren~ and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall be conditioned upon the retention of title to tile premises by the Town of Southold, NY. And it is mutually understood and agreed that the covenants and agreements contained in the witltin lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. In Witness Whereof, the parties have interchangeably set their bands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this 1st dav of MAY, 2003. Signed, sealed and delivered In the presence of: Fishers Island Ferry District CT BV:~~"'" . W CONfRACTING Ma~ 16 03 02,03p Business Of'f'ice 631-788-5523 p.4 . --- ADDENDUM TO LEASE WALSH CONTRACTING AIRPORT ADMINISTRA nON BUILDING EXTERIOR USE PERMITTED Parking spaces EIGHT Storage space 1000 SO FT--- NEXT TO BUli.DING Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. 9t;{f1!::;f Date ~-;- ); 1'-8 , { Date Ma>j 16 03 02:08f Business OFFice 631-788-5523 f- 13 . . -_._~ FISHERS ISLAND FERRY DISTRICf LEASE THIS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: RACE ROCK GARDEN CO, FISHERS ISLAND, NY 06390 Herein after referred to as "Tenant", subject to the following terms: 1. Leased Premises. District has agreed to lease to the Tenant approximately ALL square feet of INTERIOR space in MOSQUITO HOLLQW- BUILDINGS/GROUND. With the privileges and appurtenance for and during the term of May 1, 2003 to May 1, 2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ $12,000.00, payable monthly on the fifteenth (15th) day of the month in installments of $1,000.00. 3. Maintenance. it is further understood that Tenant agrees that he will maintain the said properry in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company_ Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintain a blanket liability insurance policy in an amount of not less than $1,000,000.00, which shall include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Compliance. Tenant shall promptly execute and comply with all statutes, ordinances, rules. orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters. or any other similar body. at the Tenant's own cost and expense. 8. Assil!llment. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without the District's consent in writing. 9. Notice. Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent fur the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structura1 parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the Distriers control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substanlial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. TItis Section is intended to replace the terms of New York Real Property Law Section 227. Ma~ 16 03 02:08p Business OFfice 631-788-5523 p.14 . . - 10. Desertion. Vacancy. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said tenn, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all pelSOns there from. without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency. ] L Liability. The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rairt, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever uu1ess said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it sball be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. Al!reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant sball sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shan file or there be filed against Tenant petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditor or take advantage of any insolvency act, the District may, ifit so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Performance. The failure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein sball not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. TIris instrument may not be changed, modified, discharged Or terminated orally. 15. Abandoned Trade Fixtures or Pronertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the District. 16. Munelarv Liabilitv (Tenant). In the event that the relation of the District and Tenant may cease or terminate by reason ofthe reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenan~ it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the une"l'ired tenn, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired tenn, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial hy jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. Ma~ 16 03 02:0Sp Business Of'Fice 631-788-5523 p.15 . . 17. Waiver of Riebt.. Tenant waives all rights to redeem under any law of the State of New York. 18. Rieht of Cancellation. Either party hereto shall have the right to cancel lhIs lease provided that written notice of such cancellation is given to the other patty by certified mail not less than thirty (30) days prior to the said cancellation. And the said District doth covenant that the said Tenant on paying said monthly rent, and performing the covenants aforesaid, shall and may peacefully and quietly bave, bold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall be conditioned upon the retention of title to the premises by the Town of Southold, NY. And it is mutually understood and agreed that the covenants and agreements contained in the m!hin lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. In Witness Whereof, the parties bave interchangeably set their hands and seals (or caused these presents to be signed by their proper corpornte officers and caused their proper corpornte seal to be hereto affixed) this 1st day of MAY. 2003. Signed, sealed and delivered In the presence of: Fishers Island Ferry District )-LJ C)J- SLAND FERR BY:~- RACE ROCK GARDEN CO. INC. Ma'=J 16 03 02: lOp Business Office 631-788-5523 p. 16 . . -..,' ----- ADDENDUM TO LEASE RACE ROCK GARDEN MOSQUITO HOLLOW-BUILDINGS AND GROUND EXTERIOR USE PERMITTED Parking spaces ALL Storage space ALL Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior ofthe premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fasmon. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. sland Ferry Distri e? f !to' / I ,jf~<---,/ ~ ..- Race Roc~ ?iden Co. Inc. Date StI- 03 Date FISHERS ISLAND FERRY DISTRICT LEASE '4 THIS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: FI OYSTER FARM, FISHERS ISLAND, NY 06390 Herein after referred to as "Tenant", subject to the following tenns: 1. Leased Premises. District has agreed to lease to the Tenant approximately 900 square feet of INTERIOR space in MOSOUITO HOLLOW-3 OPEN BUNKERS. With the privileges and appurtenance for and during the term of May 1,2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenaots that he will pay the District for the use of said premises, the annual reot of _ $300.00, payable monthly on the fifteenth (15"') day of the month in installments of $25.00. 3. Maintenallte. It is further undcrstood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, electric and water service to said premises, as necessary, with payments going directly to the F. I. Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintaln a blanket liability insurance poliO}' in an amount of not less than $1,000,000.00, which shall include the District and the Town of Southold as a named insured. A copy of such policy must be presented to the District Manager. 6. Surrender nf Premises. At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the District in a repaired condition, necessary wear and damage by the elements excepted. 7. Comnliance. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all roles, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. Assil!llmenl. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without the District's consent in writing. 9. Notice. Tenaot must give the District prompt notice of fire, accident, damage, or dangerous or defective conditiolL If the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used. Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fil<tures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. ~ . . S'd e2SS-881.-te9 iII01-J-J-O ssau1sna dSO:20 eo 9t ~ew 10. Desertion, Vacancy. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said tenn, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enler the said premises by force, summary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equlvalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the righl to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liabilily, applying any moneys collected, first 10 the expense of reswrung or obtaining possession, second 10 resloring the premises 10 a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liahle for any deficiency. 11. Liability, The District is exempt from any and a11liabilily for any damage or injury to person or properly caused by or resulting from stearn, electricily, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy. The said Tenanl hereby expressly waives the service of any notice in writing of intention to reenter. 13. Al!reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated. or if defaull be made in the payment of the rent or any part theroofas herein specified, or if, without the consent of the District, the lenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requlrements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenanl petition in bankruptcy or ammgement, or Tenant be adjudicated a bankrupl or make an assignmenl for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any Lime thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so 10 do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Performance. The failure of the District to insist upon a strict performance of any of the terms, cnnditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Pronertv. If after default in payment of rent or violation of any other provision of thls lease, or upon the expitation of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expitation of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the properly of the District. 16. Monetary Liability (Tenant). In the event that the relation oflbe District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in thls lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District. and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the une>''Pired tenn, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, andlor any claim of injury or damage, ~ . . o t . cl E2SS-BBl.-tES ao~.t.to ssau~snH clSO:20 EO St ~ew ~ . . ;:n'el ADDENDUM TO LEASE FI OYSTER FARM 3 BUNKERS-MOSQUITO HOLLOW EXTERIOR USE PERMITTED Parking spaces 2 SPACES ALLOWED Storage space NONE Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonalIy must be owned and registered in the name ofthe lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. g;t}j~ FI OySter Farm ---- ~. . Date ;o/I/q I '/~ Date E2SS-88l.-1E8 11I01.:J-30 ssau~snH ell.o'2o EO 81 ~ew ~8~ 16 03 02:03p Business OFf'ice 631-788-5523 p.5 . . ---- ------ FISHERS ISLAND FERRY DISTRJU LEASE THIS AGREEMENT between the Fishers Island Ferry District, a district corporation of the State of New Yark, County of Suffolk, hereio after referred to as the "District", and: ALLIE RARlDON, FISHERS ISLAND, NY 06390 Hereio after referred to as "Tenant", subject to the following terras: 1. Leased Premises. District has agreed to lease to the Tenant approximately 800 square feet of INTERIOR space io. COAST GUARD BUILDING-OFFICE SPACE With the privileges and appurtenance for and dwing the terra of May 1,2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Rent. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ 53,000.00, payable monthly on the fifteenth (IS") day ofthe month io iostallroents of 5250.00. 3. Maintenance. It is further understood that Tenant agrees that he will maintain the said property io proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide aU telephone, electric and water service to said premises, as necessary, with payments goiog directly to the F. I. Utility Ccmpany. Tenant is also responsible for heatiog fuel oil as necessary. 5. Insurance. Teoant covenants and agrees that he will maintaio a blanket liability insurance policy in an amount of not less than 51,000,000.00, which shall include the District and the Town of Southold as a named iosured A copy of sucb policy must be presented to the District Manager. 6. Surrender of Premises. At the expiration of this lease, iocluding any extensions, Tenant shall surrender said premises to the District io a repaired condition, necessary wear and damage by the elements excepted. 7. Comnliance. Tenant shall promptly execute and comply with aU statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Goverrunents and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises dwing said terra; and shall also promptly comply with and execute aU rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. Assil!l1ment. Tenant shall not assign this agreemen~ or underlet or under lease the premises, or any part thereof, without the District's consent io writiog. 9. ~ Tenant must give the District prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect ofTenaot, Tenant's employees or iovitees, or at the time of the fire or casualty Tenant is io defanlt in any terra of this Lease, then aU repairs will be made at Tenant's e"'Pense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. The District has the right 10 demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire ar casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terras of New York Real Property Law Section 227. Ma~ 16 03 02:04p Business Of'-fice 631-788-5523 p.6 . . - 10. Desertion. Vacancy, or Default. If the said premises, or any part thereof, shall be deserted or become vacant dwi1lg said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, surrunary proceedings or othenvise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency. I L Liahility. The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and ellioy. The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter. 13. A2reed It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the District, the teoant shall sell. assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or anangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an eod on the date fixed in such notice as if the said date were the date originaIly fixed in this lease for the expimtion hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Perfonnance. The failure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or ProDertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the fmal order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and sha\l become the property of the District ] 6. Monetary Liability (Tenant). In the event that the relation of the District and Tenant may cease or terminate by reason of the reentIy of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the reot collected and received, if any, by the District dwi1lg the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. ~a~ 16 03 02:05p Business Of'f'ice 631-788-5523 p.7 . . 17. Waiver of Riebt.. Teoant waives all rights to redeem Wlder any law oflbe State of New YDrk. 18. Ril!bt of Cancellation. Either party bereto sball bave lbe right to cancel this lease provided iliat written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said cancellation. And lbe said District doth covenant lba! lbe said Tenant on paying said monthly ren~ and perfonning lbe covenants aforesaid, sball and may peacefully and quietly have, hold and enjoy lbe said demised premises for the term aforesaid, provided however, iliat this covenant shall be conditioned upon lbe retention of title to lbe premises by lbe Town of Soulbold, NY. And it is mutually Wlderstood and agreed iliat the covenants and agreements contained in the wilbin lease sball be binding upon lbe parties hereto and upon their respective successors, heirs, executors and administrators. 10 Witness Whereof, the parties have interchangeably set their hands and seals (Dr caused these presents 10 be signed by lbeir proper corporate officers and caused lbeir proper corporate seal 10 be hereto affixed) this 1st d3\' of MAY. 2003. Signed, sealed and delivered In the presence of: Fishers Island Ferry District B,lku ~~AOY1 ALLIE ON Ma~ 16 03 02:05p Business Office 631-788-5523 p.8 . -" .,".- ADDENDUM TO LEASE ALLIE RARIDON COAST GUARD OFFICE SPACE EXTERIOR USE PERMITTED Parking spaces 4 SPACES ALLOWED Storage space NONE Allowed equipment: CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior of leased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or teased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. sl d Ferry District 01/ fJJ I (lliR ~(M Allie Raridon I I Date <4 I O? . I S /1 /0 Date . Ma~ 16 03 01:44p Business OFFice 631-788-5523 p.l . FISHERS ISLAND FERRY DISTRICT LEASE TffiS AGREEMENT between the Fishers Island Ferry District, a ctistrict corporation of the State of New York, County of Suffolk, herein after referred to as the "District", and: PAUL TOMBARI. FISHERS ISLAND, NY 06390 Herein after referred to as "Tenant", subject to the following terms: 1. Lea.'led Premises. District has agreed to lease to the Tenant approximately 225 square feet of INTERIOR space in BUILDING #209 -SOUTH SIDE. SMALL ROOM With the privileges and appurtenance for and dwing the term of May 1,2003 to May 1,2006. Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract. 2. Reot. Tenant covenants that he will pay the District for the use of said premises, the annual rent of _ $300_00, payable monthly on the fifteenth (IS''') day of the month in installments of $25.00. 3. Maintenance. It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the District and will suitably regulate the use thereof. 4. Utilities. It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, electric and water service to said premises. as necessary, with payments going directly to the F. 1 Utility Company. Tenant is also responsible for heating fuel oil as necessary. 5. Insurance. Tenant covenants and agrees that he will maintaio a blanket liability insurnnce policy in an amount of not less than $1,000,000.00, which shall include the District and the Town of Southold as a named insured. A copy of such policy must he presented to the District Manager. 6. Surrender of Premise.. At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the District in a repaired conditian, necessary wear and damage by the elements excepted. 7. Comoliance. Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises dwing said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. A88imment. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without the District's consent in writing. 9. Notice. Tenant must give the District prompt notice of fire, accident. damage, or dangerous or defective condition. If the Premises cannot be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The District shall have the right to decide which part of the Premises is usable. The District need only repair the damaged structural parts of the Premises. The District is not required to repair or replace any equipment, fixtures, jiunishings or decorations unless originally installed by the District. The District is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no a<ljustment. The cost of the repairs will be added rent. The District has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the District's cancellation notice to Tenant. Tenant must deliver the Premises to the District on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled the District is not required to repair the Premises or Building. The cancellation does not release Tenant ofliability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. Ma" 16 03 01:45p Business Office 631-788-5523 p.2 . ., ' 10, Desertion. Vacancv. or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises hy force, summary proceedings or othenvise, and remove aU persons there from, without being liahle to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter and the Tenant shall pay at the same time as the rent becemes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant fonn any liability, applying any moneys collected, first to the e"pensc of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency, II, Liabilitv. The District is exempt from any and aU liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it shall be lawful for the District to reenter the said premises, and the same to have again, repossess and enjoy, The said Tenant hereby expressly waives the service of any notice in writing of intention to reenter, 13, Al!I"eed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment nf the rent or any part thereof as herein specified, or if, without the consent of the District, the tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicahle to said premises, or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assigrunent for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the term hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and corne to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14, Performance. The failure of the District to insist upon a strict performance of any ohhe terms, cenditions and covenants herein shall not he deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. TIris instrument may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or ProDertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said dl:fault, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the District. 16. Monetarv Liability (Tenant), In the event that the relation of the District and Tenant may cease or terminate by reason of the reentry of the District under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of nr in any way connected with this lease, the Tenanes use or occupancy of said premises, and/or any claim of injury or damage. Ma~ 16 03 01:45p Business OfFice 631-788-5523 p.3 . -~._,-- _!.- 17. Waiver of Ril!hts. Tenant waives all rights to redeem under any law of the State of New York. 18. Ril!ht of CanceDatioo. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail notless,than thirty (30) days prior to the said cancellation. And the said District doth covenant that the said Tenant on paying said monthly renl, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, provided however, that this covenant shall be conditioned upon the retention of title to the premises by the Town of Southold, NY. And it is mutually understood and agreed that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. In Witness Whereof, the parties have imercbangeably set their bands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto atlixed) this Ist dav of MAY, 2003. Signed, sealed and delivered In the presence of: Fishers Island Ferry District By: FISHERS ISLAND FERRY DISTRICT By: PAUL TOMBARI -T------- Ma" 15 03 01: 45p Business OfFice 531-788-5523 p.4 . .!..~- ADDENDUM TO LEASE PAUL TOMBARI BUILDING #209-S0UTH SIDE EXTERIOR USE PERMITTED Parking spaces 2 SPACES ALLOWED Slorage space NONE Allowed equipment: CONDITIONS: I. No flammable, hazardous or chemical materials may be stored on the exterior ofthe premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofleased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. Paul Tombari Fishers Island Ferry District Date Date . Ma~ 19 03 03:13p Business Of'Fice 631-788-5523 p. 1 . " . FISHERS ISLAND FERRY DISTRICT LEASE 11IIS AGREEMENT between the Fishers Island Ferry Dis1rict, a dis1rict corporation of the State of New York, County of Suffolk, herein after referred to as the "Dis1rict", and: RARIDON CONTRACTING, FISHERS ISLAND, NY 06390, Herein after referred to as "Tenant", subject to the following tenns: L Leased Premises. Dis1rict has agreed to lease to the Tenant approximately 960 square feet of INTERIOR space in BUILDING 1#209 With the privileges and appurtenance for and during the term of May I, 2003 to May 1,2006, Rental or use of any EXTERIOR space is described in an ADDENDUM to this contract, 2, Rent. Tenant covenants that he will pay the Dis1rict for the use of said premises, the annual rent of _ SI,200.00, payable monthly on thef"Ifteenth (IS"') day of the month in installments of SI00.00, 3. Maintenance, It is further understood that Tenant agrees that he will maintain the said property in proper order without damage to other property of the Dis1rict and will suitably regulate the use thereof 4, Utilities, It is further understood that Tenant agrees that he will, at his own expense, provide all telephone, elec1ric and water service to said premises, as necessary, with payments going directly to the F, I. Utility Company, Tenant is also responsible for heating fuel oil as necessary, 5, Insurance, Tenant covenants and agrees that he will maintain a blanket liability insurance policy in an amount of not less than SI,ooO,Ooo,OO, which shall include the Dis1rict and the Town of Southold as a named insured A copy of such policy must be presented to the Dis1rict Manager, 6, Surrender of Premises, At the expiration of this lease, including any extensions, Tenant shall surrender said premises to the Dis1rict in a repaired condition, necessary wear and damage by the elements excepted, 7, Compliance. Tenant shall promptly execute and comply with all statutes, ordinances, roles, orders, regulations and requirements of the Federal, Slate and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all roles, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 8. A.simment. Tenant shall not assign this agreement, or underlet or under lease the premises, or any part thereof, without the Dis1rict's consent in writing, 9, Notice. Tenant must give the Dis1rict prompt notice of fire, accident, damage, or dangerous or defective condition. If the Premises cannot be used because offire or other casualty, Tenant is not required to pay rent for the time the Premises are unusable. If part of the Premises cannot be used, Tenant must pay rent for the usable part. The Dis1rict shall have the right to decide which part of the Premises is usable. The Dis1rict need only repair the damaged structural parts of the Premises. The Dis1rict is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by the Dis1rict. The Dis1rict is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the District's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment The cost of the repairs will be added rent The Dis1rict has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty, The District may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of the District's intention to demolish or rebuild. The Lease will end 30 days after the Dis1rict's cancellation notice to Tenant Tenant must deliver the Premises to the Dis1rict on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty, If the Lease is cancelled the Dis1rict is not required to repair the Premises or Building, The cancellation does not release Tenant ofliability in connection with the fire or casualty. This Section is intended to replace the tenns of New York Real Property Law Section 227. Ma~ 19 03 03:13p Business Of"f'ice 631-788-5523 p.2 . '. -~ 10. Desertion. Vacancy, or Default. If the said premises, or any part thereof, shall be deserted or become vacant during said tenn, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the covenants herein contained, the District or representatives may re-enter the said premises by force, swnmary proceedings or otherwise, and remove all persons there from, without being liable to prosecution therefore, and the Tenant hereby expressly waives the service of any notice in writing ofintention to re-enter and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the District may rent the premises on behalf of the Tenant, reserving the right to rent the preruises for a longer period of time than fixed in the origina1lease without releasing the original Tenant form any liability, applying any moneys collected, first to the expense of resuruing or obtaining possession, second to restoring the preruises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the District, any surplus to be paid to the Tenant who shall remain liable for any deficiency. 11. Liabilitv. The District is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electricity, gas, water, rain, ice, or snow, or any leak or flow from or into any part of said building or form any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the District. 12. Default. If default be made in any of the covenants herein contained, then it sball be lawful for the District to reenter the said preruises, and the same to have again, repossess and enjoy. The said Tenant herehy expressly waives the service of any notice in writing of intention to reenter. 13. Al!reed. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the Distric~ the tenant sball sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept or performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, and Local Governments or of any and all their Departments and Bureaus, applicable to said premises. or if the Tenant shall file or there be filed against Tenant petition in bankruptcy or arrangemen~ or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditor or take advantage of any insolvency act, the District may, if it so elects, at any time thereafter terminate this lease and the teno hereof, on giving the Tenant five days' notice in writing of the District's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 14. Performance. The failure of the District to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies the District may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 15. Abandoned Trade Fixtures or Prooertv. If after default in payment of rent or violation of any other provision of this lease, or upon the expiIation of this lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the District. 16. Monctary Liability (Tenant), In the event that the relation of the District and Tenant may cease or terruinate by reason of the reentry of the District under the tenns and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenan~ it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the reentry of the District, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained the difference between the rent reserved and the rent collected and received, if any, by the District during the remainder of the unexpired tenn, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired tenn, as the amounts of such difference or deficiency shall from time to time be ascenalned; and it is mutually agreed between the District and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, andlor any claim of injury or damage. I .-.- . Ma~ 19 03 03:14p Business Of'f'ice 631-788-5523 p.3 . - 17. Waiver of Ril!bts. Tenant waives a1l rights to redeem under any law of the State of New York. 18. Ril!bt of Cancellation. Either party hereto shall have the right to cancel this lease provided that written notice of such cancellation is given to the other party by certified mail not less than thirty (30) days prior to the said cancellation. And the said District doth covenant that the said Tenant on paying said monthly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the tenn aforesaid, provided however, that this covenant shall be conditioned upon the retention ofritle to the premises by the Town of Southold, NY. And it is mutuaJly understood and agreed that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. In Witness Whereof, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporete officers and caused their proper corporate seal to be hereto affixed) this lot dav of MAY. 2003. Signed, sealed and delivered In the presence of~ Fishers Island Ferry District ~~ J.J, SLAND FERRY B~~~ RARIDON CONTRACTING Ma~ 19 03 03:14p Business Of'f'ice 631-788-5523 " .. p.4 . .. . ~~ ADDENDUM TO LEASE RARIDON CONTRACTING BUILDING #209-0FFICE SPACE EXTERIOR USE PERMITTED Parking spaces FOUR Storage space 400 SOUARE FT. NEXT TO BUll-DING Allowed equipment: Lessee-owned sailboat durinl!: off season CONDITIONS: 1. No flammable, hazardous or chemical materials may be stored on the exterior of the premises, other than fuel oil for heating the leased premises. 2. No abandoned property such as cars, boats, machinery, etc. may be stored on the premises. Trailered boats or other items used seasonally must be owned and registered in the name of the lessee and specifically noted above. 3. Exterior ofIeased premises MUST be kept in a clean and orderly fashion. It is the responsibility of the lessee to dispose of all garage and trash as necessary. 4. Equipment or materials not owned or leased by the lessee are not allowed to be stored on the leased premises. 5. Failure to abide by this addendum is cause for cancellation of the existing lease with a 30 written notice to the lessee. c!v,......-"." ~o~- ~ractmg Date SI I 't (03 Date 2> ~ /6? I /