HomeMy WebLinkAboutNew Suffolk Boat Launch Ramp - Gardiners Island Repairs - PRELIMRESOLUTION 2010-389
ADOPTED
DOC ID: 5935
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-389 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 18, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Miller Marine
Services and Finely & Nicol to make use of the New Suffolk boat iaunchin~ ramo on
Jackson Street and First Street for the purpose of marine transportation of equipment and
materials required for a repair proiect on Gardiners Island. This authorization is limited to
15 round trips over the four week period commencing on May 19, 2010, and subject to the
payment by Miller Marine Services and Finely & Nicol ora fee in the amount of $100 per day
made payable to the Town Clerk of the Town of Southold and the execution of an
Indemnification Agreement, in a form approved by the Town Attomey, relating to any liability
or property damage claims which may result from this activity. Miller Marine Services and
Finely & Nicol must file with the Town Clerk a One Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 0]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Krupski Jr., Evans, Russell
ABSTAIN: Vincent Orlando
MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finneganCWtown.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer .andaloro(Wtown.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulseCWtown.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
I/.A'; 2 4 2010
To:
From:
Ms. Elizabeth A. Neville, Town Clerk
Lynne Krauza
Secretary to the Town Attorney
Date: May 20, 2010
Subject:
Miller Marine Services, et aL
New Suffolk Boat Launching Ramp
Repair Project on Gardiners Island
For your records, I am enclosing the following in connection with the referenced
matter:
2.
3.
4.
Letter Agreement dated 5/18/10 executed by Fenley & Nicol;
Indemnity Agreement executed by Fenley & Nicol;
Certificate of Liability Insurance submitted by Fenley & Nicol;
Letter Agreement dated 5/18/10 executed by Miller Marine
Services;
Indemnity Agreement executed by Miller Marine Services;
Certificate of Liability Insurance submitted by Miller Marine
Services; and
Fenley & Nicol's check in the sum of $1,500.00 representing the
Town's fee.
I am also enclosing a copy of the resolution authorizing Scott to sign this
document.
If you have any questions, please do not hesitate to call me. Thank you for your
attention.
Ilk
Enclosures
cc: Members of the Town Board (w/encls.)
Martin D. Finnegan, Town Attorney (w/encls.)
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/02/10
* * * RECEIPT * * *
Receipt: 82356
Transaction(s):
1 1
Event Fee
Reference Subtotal
2010-389 $1,500.00
Check#: 22491
Total Paid: $1,500.00
Name:
Fenley, & Nicol Environmental Inc.
445 Brook Ave.
Deer Park, NY 11729
Clerk ID: LINDAC Internal ID: 2010-389
MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan@town.southold.ny,us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
j ennifer.andaloro qpt own.sou thold.ny.us
LORI M. HUL~E
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
RECEIVED
May 18, 2010
MAY 2 0 2010
VIA FACSIMILE
Miller Marine Services
146 Beach Street
Port Jefferson, NY 11777
SoutholdTown Clerk
Attention: Mr. James Miller, President
RE: New Suffolk Boat Launch Ramp/Repair Project on Gardiners island
Dear Mr. Miller:
Please allow this letter to confirm that the Town Board of the Town of Southold
has granted authorization to Miller Marine Services and Finely & Nicol to use the New
Suffolk Boat Launch Ramp at Jackson and First Streets for the sole purpose of
delivering equipment and materials to Gardiners Island for 15 round trips from and to the
New Suffolk Ramp over the 4-week period commencing May 19, 2010, subject to the
following conditions:
Miller Marine or Finely & Nicol's submission of a fee in the amount of
$1500 ($100 per day of use) to the Town Clerk of the Town of Southold;
Miller Marine and Finely & Nicol's execution of the attached
Indemnification Agreement in favor of the Town of Southold and
agreement to repair any damage to the New Suffolk Boat Launch Ramp
and surrounding roadways that results from their access to and use of the
Ramp;
Miller Marine and Finely & Nicol's submission of a Cedificate of Insurance
in the sum of One Million Dollars naming the Town of Southold as
additional insured.
4. Miller Marine and Finley & Nicol's compliance with all local traffic laws.
The failure of Miller and/or Finley to comply with any of the foregoing conditions
will result in immediate revocation of the authorization granted herein without further
Mr. James Miller
May 18, 2010
Page 2
notice. If you are in agreement with the foregoing conditions, please acknowledge
where indicated below and return an original of this letter to my attention, together with a
fully executed Indemnification Agreement and your check in the amount of $1,500 made
payable to the Town Clerk of the Town of Southold.
MDF/Ik
Enclosures
Please feel free to contact me with any questions.
gan
cc: Members of the Town Board (w/encls.)
Ms. Elizabeth A. Neville, Town Clerk (w/encls.) J
ACKNOWLEDGED AND AGREED TO
MILLER MARINE SERVICES
By:,
FINLEY & NICOL
By:
STATE OF NEW YORK )
) SS;:
COUNTY OF SUFFOLK )
TOWN OF SOUTHOLD
INDEMNITY AGREEMENT
This Agreement is made this .. day of MAY 2010, between the Town of Southold
(hereinafter "Town"), MILLER MARINE SERVICES ("MILLER"), AND FINELY & NICOL
("FINELY").
In consideration of issuance by the Town Board of an approval to utilize the New Suffolk
Boat Launch Ramp at Jackson and First Streets ("Ramp") for the sole purpose of delivering
equipment and materials to Gardiners Island for 15 round trips from and to the Ramp over the 4
week period commencing May 19, 2010. MILLER and FINELY, both individually and jointly
agree to indemnify and hold the Town and its officers, employees, and agents harmless from
and against any and all losses, liabilities, damages, or costs sustained by the Town or any
person for personal injury, death, or property damage arising out of, or as a consequence to the
use of the Ramp.
MILLER and FINELY further agree to indemnify and hold harmless the Town and its
officers, employees, and agents from and against any and all losses, liabilities, damages, or
costs which may be imposed upon, incurred by or asserted against the Town by reason of any
act or omission of the undersigned, which result in damage or injury of any kind to any person or
any property arising out of or is any way connected with the event permitted by this approval.
MILLER and FINELY expressly agree to be.responsible for all damages caused to the Ramp
and/or Town property as a result of this activity and shall, under the supervision of the
Superintendent of Highways repair said damage so that the Ramp and access roadways are in
the same or better condition as they were before their use.
MILLER MARINE SERVICES
By:¸
Sworn to before me this
day of .... 2010,
Notary Public
Sworn to before me this
day of ., 2010.
FINELY & NICOL
By:
Notary Public
05/19/2010 08:45 FAX 1 831 331 5336
MILLER MARINE
003/005
Town I-I~ll Annex, 543?5 ~ou~ 25
P.O. Box 1179
~ou~h~l~ N~ Y~k 11971-0959
Fa~m~ (6~1)
OFFICE O1~ ~ TOWN ATTORNEY
TOWN OF SOUTHOLD
May 18, 2010
ViA FACSIMILE
Miller Madne Services
146 Beach Street
Port Jefferson, NY 11777
Attention: Mr. James Miller, Preslder~t
RE: New Suffolk Boat Launch Ramp/Repair Project on Gardiners Island
Dear Mr. Miller:
Prease allow this letter to confirm that the Town Board of the Town of Southold
has granted authorization to Miller Madne Services and Finely & Nicol to use the New
Suffolk Boat Launch Ramp at Jackson and First Streets for the sole purpose of
delivering equipment and materials to Gan:liners Island for 15 round trips from and to the
New Suffolk Ramp over the 4-week pedod commencing May 19, 2010, subject to the
following conditions;
Miller Madne or Finely & NIcoI'$ submission of a fee in the amount of
$1500 ($100 per day of use) to the Town Clerk of the Town of Southold;
Miller Marine and Finely & Nicor's execution of the attached
Indemnification Agreement in favor of the Town of $outhold and
agreement to repair any damage to the New Suffolk Boat Launch Ramp
and surrounding roadways that results from their access to and use of the
Ramp;
Miller Marine and Finely & Nicol's submission of a Certificate of Insurance
in the sum of One Million Dollars naming the Town of Southold as
additional Insured_
4. Miller Marine and Finley & Nicol's compliance with all local traffic laws.
The failure of Miller and/or Finley to coml31y with any of the focegolng conditions
result in immedia[e revocation of the autllorizatio~ gra~lted herein without further
05/19/2010 08:45 FAX 1 631 331 5338
MAY. 18, 2010' 4:22~
M~ James Miller
Me¥18,2010
Page ~
~ILLER ~ARINE
NO. 794 P.
004/005
notice. If you are in agreement with the ferogoing conditions, please acknowledge
where indicated beJow end return an original of this letter to my effenfion, together with a
fully executed Indemnification Agreement and your :he=k in the amount of $1,500 mede
payable to I:he Town Clerk o1: the Town of $outhold.
Please feel free to contact me with any questions.
MDF/Ik
EnclOsures
cc: Members of the Town Board (w/encls.)
Ms. Elizabeth A, Neville, Town Clo~ (wfencJs.)
ACKNOWLEDGED AND AGREED TO
MILLER 'MARINE SERVICES
By:
05/19/2010 08:45 FAX 1 631 331 5336 ~ILLER ~ARZNE ~005/005
MAY. 13,2010 q:22PM NO, 994 P, ~
INDEMNITY AGREEMENT
STATE OF NEW YoRK )
) ss::
COUNTY OF suFFOLK
Th's reement is made this ~ day of MAY 2010 b..etween the _T.o..w? .o!,~u, tllold
.. ~ ~Ag ., MiLLER MARiNE SER¥1cES ('MILLER).ANDFINEL¥&N~C'~'
(.neteinaRer ' i own ~,
("FINELY'3.
In consideration of issuance by the Town Board of an approval to utilize the New Suffolk
Boat Launch Ramp at Jecl(son and First Streets ("Ramp"~ for the sole purpose et delivering
equipment and materials to Gardlners Island for 15 round trips from and to the Ramp over the 4
week period commencing May 19, 2010. MILLER and FINELY, both Individually and Jointly
agree to indemnify and hold the Town and its eriosrs, employees, and agents harmless from
and a~ainst any and all losses, liabilities, damages, or costs sustained 15y the Town or any
person for personal injuPJ, death, or property damage arising out of, or as a consequence to the
use of the Ramp.
MILLER and FINELY further agree to indemnify and hold harmless the Town and its
officers, employees, and agents from and against any and all losses, liabilities, damages, or
costs which may be Imposed upon, incurred by or asserted against the Town by mason of any
act or emission of the undersigned, wh ch result in damage or injury of any kind to any person or
any property adsing out of or is any way connected with the event perm tted by this approval.
MILLER and FINELY expressly agree to be responsible for all damages caused to the Ramp
and/or Town property as a result of this actNity and shall, under the supervision of the
Superintendent of Highways repair said damage so that the Ramp end access roadways are in
the same or better condition as they were before tllelr uss.
MILLER MARINE SERVICES
By:__
Swor~ o~e~e [e me~tlt~
2010.
Public ~
Sworr~ to before me this L
d..ay.,of~, 2010.
~[~ota ry 'Public
JOSEPHINE MACDONALD
NO. 30-4653633
05/19/2010 16:53 FAX 1 631 331 5335
TOWN ATTOP, N1~
~ ~0~
~T~ TO~A~O~Y
~ ~ A~O~-
MILLER MARINE
~003/005
ltv, f7't r, ~
SCOTT A, RUS/IELL
~, New Y~k. 119~-0959
F~m~ (681) 76~6689
OFFICE OF ~ TOWN ATTORNEY
TOWN OF S0L~THOLD
May 18.. 2010
VIA FACSIMILE
Mlller Ma~lne Services
146 Beach Street
Port Jefferson. NY 11777
Attention: Mr. James Miller, President
RE: New Suffolk Boat Launoh Rm~p,'Repair Project on Ga~diners Island
Dear Mr. Miller:
Please al{aw th~s'latter to ~,ordlrm that the Town' Board. of"~e Town ,~f South. old
has granted autho¢lzatlon to Miller Marine Sendces an~l Rnely & Nicol to use the New
Su~olk Boat Launch Ramp'at Jackson 'and First Street~ f~r the sole purpose of
detiva~i~lg equ[pmel~t end' materials to Gardiner~ Island' for 15 round tdpa fi'om and to the
I~ew 9uffolk Ramp over the 4-wear period e, ommencing May ~1.9, 2010, sdbject to the
foIIowirlg col:l~lTtfens.'
Miller Mad[~e or Finely & Nicol!s submission of a fee In'the amount of
$1500 ($t00 Far day of use) to the Town O~erk of the Town of $outh01d;
Mitlar Marina anti Finely & Nlcol's,eXmoOtlon of the ~tfaehe~t
Indemnification A, gmem~nt irt favor of the Town of Southo~d and
agreement to repair any damage to the New. Suffolk Boat La .~mc, h Ramp
and surrounding roadway~ that results from their access to and use of the
Ramp;.
Milier Marine an~ Ftn'ely & Nieel'e ~Ubmission o~ · Certificate of Insuranoe
in the sum of One Million Dollars naming the Town of $outrlold as
additional insured.
4. Miller Marine and Finley & Nicol's complianc~ with ell local traffic laws.
The failure of Miller and/or Finley to ~11~ply with any of the fi3r~lOlng conditions
result tn Immedia~e revocation of the authorization granted herein wEho~t fqrthar
05/19/20'10 18:54 FAX 1 631 331 5336
Mr. James Miller
May 18, 20'10'
~ILLE~ ~ARINE
005/005
~oti~'e. If you are In agreement with the foregoing conditions, please acknowledge
where Infllcated below and return an odginel ef tllie letter to II'ly attention, to, ether wi'th a
'fully executed ]nclemnlflcafior~ Agr~emmnt and yaur oheek in the amount of $1,500. made
payable to the Town Of I~ of the TOWll of $outhold.
Please feel flee to. corltaot me with any questions,
MDF/Ik
Encrosures
cc; Member~ of. the Town I~ard (w/encla.)
Ms. Elizabeth A. Neville, Town Clerk (w/Oriels.)
ACKNOWLEDGED AND AGREED TO
MIL1.'~
i' & NICOL
05/19/2010 16:54 FAX 1 631 331 5336 I~ILLER I~ARINE 1~004/005
TOWN,OF SOUTH. OLD
I~Np.E~ NITY AGRBEMEN'I~
STA'I~ OF NEW YORK )
) ss::
COUNTY OF ,.~UI~"FOLK )
, ~
Th S Agree.m, eat is. rnad, this ,//~;), day of MA~ 2010, ~eiween the Town' of $.uthold
(herelna~er 'Town ), MILLER MAR1NE. SERVICES (' MILLE~R ), AND FINELY & NICOL
("FINELY'3.
tn considemt%~ of ia~uarlc~ byth® Town Boar. el of an approval to utilize the New suffolk
Boat Launch Ramp at Jaclcson and First 8treet~.('Ramp") for the ~ole purpose of delivering
equipme~ and materials.~ Gardir~ere IJlancl for 18 round ~pa from a~cl to the F~lmp over the 4
willie J::)arl0cl oommen(~lng May 1.9, 2010, MILLER anti FINEL~ beth Individually and'Jointly
agree'cO indemnify and'hold the Town and Its officers, employees, and agents harmless from
and against any and all losses, Ilabil~es, damages, et ~"~ J[ia~alned by ttla Town.or .any
person, fo~'personal ir)ju~, d.eetE, o~ property damage aH~ing 'out of, or a~ a o~nsequence to the'
use of the Ramp.
MILLER' and FINELY ~rther agree t0 indemn~ and hold harmless the Towtl and its
officers, employee-% and agen~ from and against any- and ail Io~$es, liabilities, damages, or
~ which mayl~ linK)sad up,~n, Incurred 'by et'asserted against the'Tow/1 by reesorl of any
.act or or~i$$ion of the undersigned, whioh result in damage or injury of any Idnd to any person or
any p~oparty edsing out of or is any way connected with the event permiEed'by this. approval.
MILLER and FINELY expressly agree, to I~e responsible for ail clanlagea caused tO the Ramp
and/orTown propsrl~/e~ ra~E ofthl~ activity and shall, u~der the aupsrvlslOn of the
Superintendent of Highways repair said damage so that the'Ramp and access roadways are. In
the same or better cc~l~dEJon a(~ they v,~ere before their use,
Sworn' m~.efore me this/...~.',
Sworn to before me thi~.
day of ,, ,2010,
Notary Public
MLLL
By:
FINELY & N[COL
By: ,