HomeMy WebLinkAboutGlass, Samuel - The Blue InnORIGINAL
AGREEMENT
THIS AGREEMENT, made and entered into as of the ~[~t day of July, 2011, by and
between 7850 Main Road, LLC, a New York limited liability company with a principal address
at c/o Samuel Glass, 62 Nichols Court, Suite 302, Hempstead, New York 11550 (hereinafter
referred to as "Owner"), and the Town of Southold, a municipal corporation of the State of New
York, with a principal address at 53095 Main Road, P.O. Box 1179, Southold, New York 11971
(hereinafter referred to as "Town").
WITNESSETH:
WHEREAS, Owner is the owner of the property located at 7850 Main road, East Marion,
New York and its improvements (hereinafter referred to as "Property"); and
WHEREAS, Owner wishes to continue the operation of a motel and accessory restaurant
as a pre-existing non-conforming use on the property; and
WHEREAS, Owner has an application pending before the New York State Liquor
Authority to serve alcohol at the restaurant and the Town has submitted a letter of objection to
said application; and
WHEREAS, the Owner and the Town desire to identify and agree to the parameters of
the pre-existing nonconforming use of the property so that the property maintains its status as
such and that the health, safety and welfare of the Town is preserved in accordance with the
terms and provisions hereof.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
Owner agrees to operate the property in the following manner, in keeping with the
pre-existing use of the property and to protect the health, safety and welfare of the
surrounding community:
a. Alcohol will not be served at the licensed premises after 11 pm.
b. No music, live or otherwise, will be permitted outdoors at the licensed premises
after 9 pm.
c. The noise level of the restaurant will not be heard outside the interior of the
restaurant.
d. The exterior awning of the restaurant will not be enclosed and all four sides will
remain open.
e. The restaurant will continue to function as an accessory to the motel use.
In the event that Owner is notified of any violation of the conditions set forth in
paragraph 1 (a) - (e) above, Owner will take immediate steps to cure said violation.
In the event that a violation(s) of paragraphs 1 (a)-(e) are not immediately cured or, in
the event of a subsequent or continuous violation, Owner agrees to forego its right to
serve alcohol or play music at the licensed premises. Owner agrees that an uncured
violation of this agreement shall constitute irreparable harm to the Town sufficient to
warrant the imposition of provisional relief by a court of competent jurisdiction.
The Town shall withdraw its objection to the Owner's application for a liquor license,
however the Town reserves the right to renew said objections upon application by
Owner for a renewal of its liquor license in the event of a violation of this agreement.
The Owner shall file a copy of its liquor license upon receipt with the Town
Attorneys' office.
This agreement shall remain in effect so long as the owner maintains a liquor license
issued by the New York State Liquor Authority.
All notices, demands and other communications required or permitted to be given
hereunder (a "Notice") shall be in writing and shall be deemed to have been properly given if
delivered by hand, by a recognized overnight carrier with receipt of delivery, or by certified mail,
return receipt requested, with postage prepaid, addressed as follows:
IF TO OWNER:
7850 Main Road, LLC
c/o Samuel Glass
62 Nichols Court
Suite 302
Hempstead, New York 11550
IF TO TOWN:
Martin D. Finnegan, Town Attorney
Town Attorneys Office
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Any party may, by written notice given in accordance with this paragraph, designate a different
address for Notices. A Notice shall be deemed given on the date that same is delivered if by
hand or by overnight courier, or three days after same is sent by certified mail, return receipt
requested.
In the event of the institution of an action or proceeding for any legal or equitable
remedy relating to this Agreement, or for the enforcement of any of the terms,
covenants and conditions herein, the prevailing party shall be entitled to recover its
reasonable attorneys' fees, in addition to all other costs, disbursements, and
allowances provided by law.
The provisions of this agreement shall not supersede the provisions of the Town Code
and shall not be asserted as a waiver of the Towns right to enforce any current or
subsequently enacted local law that may be applicable to the premises.
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which counterparts together shall constitute one and the
same instrument. A facsimile copy of any party's signature to this Agreement shall
be binding upon that party and shall be deemed an original for all purposes.
IN WITNESS
WHEREOF, the parties hereto hav ands as of the day and year
first above written.
OWNER: 7850
Samuel Glass, Member
TOWN:
Town of Southold
S~tt A. Russell, Supervisor