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HomeMy WebLinkAboutCapital One Bank - Pike St Parking ' MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lorLhulse(~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 March 2, 2010 Capital One Bank 245 Love Lane P.O. Box 1559 Mattituck, NY 11952 Attention: Ms. Debra Orlowski, Branch Manager RE: Lease Agreement Public Parking Facility on Pike Street, Mattituck Dear Ms. Orlowski: I am enclosing two counterparts of the proposed Lease Agreement between the Town of Southold and Capital One Bank in connection with the referenced matter for the Bank's review and approval. The current Lease Agreement expires on May 31, 2010. Please call me with any changes, corrections, etc. If the Agreement is acceptable in its current form, kindly have both counterparts signed before a Notary Public by the appropriate party on behalf of the Bank and return to the undersigned for countersignature. Thank you for your assistance. Very truly yours, Assistant Town Attorney LMH/Ik Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.) LEASE AGREEMENT THIS AGREEMENT, made this day of ,2010, between CAPITAL ONE BANK, a New York banking corporation with its principal place of business located at 245 Love Lane, Mattituck, New York 11952, hereinafter designated as "Landlord" and the TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, hereinafter designated as the "Tenant". WITNESSETH: WHEREAS, Landlord hereby leases to the Tenant for a public parking facility that parcel of real property at Mattituck, Town of Southold, Suffolk County, New York, described as follows: That cedain parcels of vacant land located on Pike Street, Mattituck, New York, as further depicted on Schedule "A" attached hereto and made a part hereof. WHEREAS, the Lease shall commence on June 1, 2010, and run for a period of ten (10) years. WHEREAS, the Tenant covenants that it will pay to Landlord for the use of said public parking facility (hereinafter the "premises"), annual rent in an amount equal to all annual real estate taxes assessed and due on the demised premises by all State, County and Local taxing authorities. Said rent shall be payable on a semi-annual basis for each and every year during the term of the Lease. WHEREAS, the Tenant shall take care of the premises and shall, at the Tenant's own cost and expense, make all repairs and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements excepted. WHEREAS, the 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 of 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. WHEREAS, it is directly understood that Landlord has made no representation to Tenant as to the extent to which the demised premises herein may be used by Tenant for the use herein intended, and Tenant has satisfied itself with respect thereto. Tenant shall obtain at is own cost and expense any permits which may be required from any governmental authority in connection with its use of the premises as contemplated herein. WHEREAS, the Tenant, successors, heirs, executors, or administrators shall not assign this agreement, or underlet or underlease the premises, or any part thereof, without the Landlord's consent in writing. In the event of a breach thereof, the term herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. Damage and injury to the said premises, caused by the carelessness, negligence or improper conduct on the part of the said Tenant or the Tenant's agents or employees shall be repaired as speedily as possible by the Tenant at the Tenant's own cost and expense. WHEREAS, the Tenant shall neither unreasonably encumber nor obstruct the sidewalk in front of said premises, nor allow the same to be obstructed or encumbered in any manner. WHEREAS, the Landlord is exempt from any and all liability for any damage or injury to person or property 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 Landlord. WHEREAS, Tenant accepts the demised premises "as is" as of the date hereof and acknowledges that no representations or promises have been made with respect to the demised premises except those contained herein. WHEREAS, this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to execute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Landlord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. WHEREAS, all improvements made by Tenant to or upon the demised premises shall, when made, immediately be deemed to be attached to the freehold, and become the property of Landlord, and at the end or other expiration of the term, shall be surrendered to Landlord in as good order and condition as they were when installed, reasonable wear and damages by the elements excepted. WHEREAS, Tenant represents that there was no broker who negotiated or consummated this Lease. This Lease shall not be binding upon Landlord until fully executed original copies are delivered by Landlord to Tenant. WHEREAS, Tenant agrees to immediately notify Landlord of any damage that may occur or repairs that may be required as they affect the demised premises or adjacent premises or public areas leading to the demised premises, whether or not such repairs or damages are the responsibility of Landlord or Tenant. Likewise, Tenant agrees to immediately notify Landlord of Tenant's receipt of violations, warnings, fines, summons, citations as they affect the demised premises. WHEREAS, Tenant acknowledges that possession of the demised premises must be surrendered to the Landlord at the expiration or sooner termination of the term of this Lease. Tenant agrees to indemnify and save Landlord harmless against costs, claims, loss or liability, including, but not limited to, reasonable attorneys' fees resulting from delay by Tenant in so surrendering the demised premises including, without limitation, any claims made by any succeeding tenant founded on such delay. WHEREAS, in addition to other events set forth elsewhere in this Lease, the following events shall constitute default by the Tenant: failure on the part of the Tenant to perform or observe any covenant, term or condition of this Lease, which failure continues for a period of time as measured by the stated grace period, and if no grace period is stated, for a period of ten (10) days, or if it continues beyond the period of time necessary to cure if diligently pursued, whichever period of time first occurs. WHEREAS, this Lease is subject and subordinate to any easements, restrictive covenants and rights of way that are now or hereafter may be placed against the demised premises, and the recording of such easements shall have preference and precedence and be superior in lien of this Lease, irrespective of the actual date of recording of such easements. Further, Tenant hereby consents to such easements, restrictive covenants and rights of way. Notwithstanding the foregoing, the terms of this prevision shall not be construed to permit Landlord to limit or otherwise interfere with Tenant's right to use or occupy the demised premises or the improvements made thereon by Tenant in accordance with the terms of this Lease. WHEREAS, if any tax or assessment charge or increase is attributed to improvements made by Tenant, then it is hereby agreed by Tenant that Tenant shall be responsible for paying the entire amount of the increase or assessment charges. Same shall be due and payable by Tenant upon presentation by the Landlord to Tenant of the documents evidencing such increase. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. CAPITAL ONE BANK By:. TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this __ day of , in the year 2010, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this __ day of , in the year 2010, before me personally appeared SCOTT A. RUSSELL, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 6 SCHEDULE Page 274. ' ~ ...... -~,*~l ft. lvoz ami rccomcd in Liber 9159, Dist. 1000 Sect. 141.00 BIk. ~4,00 Lot, 002.000 ~, - , - ~,v ~o~ ~o~ ~ ~ ~ Li~ ~593' ~ %~ Dist, 1000 S~t. 141,00 B~. ~ ~t. 003.~