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HomeMy WebLinkAboutLong Island Wine Council-Inlet Pond Park Town of Southold - Letter __oj ICr Board Meeting of August 8, 2006 RESOLUTION 2006-661 ADOPTED Item # 13 DOC ID: 2067 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-661 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Al!reement between the Town of South old and The Lonl! Island Wine Council for the use of office space at Inlet Pond Park for a period of one year with an automatic renewal for a successive one year period, subject to the approval of the Town Attorney. aj1tl.,aQ-':{~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 9, 2006 Page 21 AGREEMENT THIS AGREEMENT made this 1st day of June, 2006, between the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business located at 53095 Main Road, Southold, New York 11971, hereinafter the "Licensee" and THE LONG ISLAND WINE COUNCIL, with an address at P.O. Box 74, Peconic, New York 11958, hereinafter called the "Sub-Licensee". WHEREAS, the Sub-Licensee seeks the use of first floor office space at the Red House located at the Inlet Pond Park, Route 25, Greenport, New York; and WHEREAS, the Town and Suffolk County have entered into a License Agreement for the stewardship of Inlet Pond Park whereby the Town is the licensee and has agreed to permit The Long Island Wine Council, a private, not-for-profit corporation, to use office space in the Red House as a Sub-Licensee for the period of one year which shall be automatically renewed for a successive period of one year unless either party notifies the other party in writing no less than thirty (30) days before the date of renewal of the intention not to renew said License Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Sub-Licensee agrees to use only that space designated for its use by the Licensee and agrees to maintain the space in reasonable condition and report any necessary repairs and/or maintenance immediately to the Licensee. 2. The Sub-Licensee shall secure and maintain such insurance that will protect it from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of its services under this Agreement, in limits of $1 ,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. In addition, the Sub-Licensee shall secure insurance coverage for property damage in the amount of $500,000 for property in the Sub-Licensee's care, custody and control. The Sub-Licensee shall indemnify and hold harmless the Licensee from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Sub-Licensee, and in case of any such action brought against the Licensee, the Sub-Licensee shall immediately take charge of and defend the same at its own cost and expense. In addition, the Sub-licensee will name the licensee as an additional insured on all applicable policies. The Sub-licensee will provide the licensee a copy of the Certificate of Insurance prior to commencement of this Agreement. 3. The Sub-licensee acknowledges and agrees that public access to the County parkland will not be restricted. 4. The Sub-licensee expressly understands and agrees that no interest in real or personal property is leased or granted to the Sub-licensee; that this is a license and not a lease; that the Sub-licensee's right to occupy the premises and to operate which is hereby granted is conditioned upon approval by the licensor and shall continue only so long as the Sub-licensee shall comply strictly with all provisions and agreements; and that this Sub-license is not coupled with any interest in real property. 5. The Sub-licensee will provide and maintain its own telephone and/or facsimile service at the Sub-licensee's own expense. 6. Any planned fund raising activities associated with this Agreement to occur on the premises must be presented in writing for authorization at least sixty (60) days prior to the scheduled event. 7. Any improvements installed within the sub-licensed premises shall immediately become the property of the licensor and shall be lien and encumbrance free. 8. The Sub-licensee agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said premises or any part thereof or any building thereon for any illegal purposes or for any purpose in violation of any federal, state or local law, rule or regulation. 9. This Agreement shall not be exercised by the Sub-licensee to prevent or unreasonably interfere with public access to the park. 10. This Agreement may be cancelled and terminated by either party without penalty, upon giving a written description of the reason for such cancellation or termination and upon providing written notice of intent to terminate to the other party at least thirty (30) days prior to the date of termination. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor E COUNCIL By: