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HomeMy WebLinkAboutBriarcliff Sod, Inc LEASE This LEASE, made the I I'L-hday of August, 2011, between the Town of Southold, 54375 State Route 25, Southold, New York 11971 (hereinafter called the "Lessor'O, and Briarcliff Sod, Inc., 43535 Route 25, Peconic, New York (hereinafter called the "Lessee'~. WITNESSETH: The Lessor hereby leases to the Lessee +29 acres of certain real property located in the County of Suffolk, State of New York, further identified as part of S.C.T.M. # 10oo-54.-?-21.4 , and located at 4395 Horton Lane, Southold, New York, as described on Schedule A, and hereinafter referred to as the "Premises"; The Premises consist of relatively fiat terrain and an irrigation well and piping; The Premises are to be used and occupied for the growing and harvesting of sod and cover crop, in accordance with State and County agricultural district parameters and for no other purpose. The term of this Lease shall commence on August 3, 2011 and terminate February 29, 2012 unless otherwise extended or earlier terminated pursuant to the further provisions of this Lease. Lessee shall not use the Premises or any part thereof for any purpose other than the purpose stated above or in violation of any law or ordinance. The Lessee will pay to the Lessor for the use of the Premises a rent of $500.00 per month. This Lease shall be subject to the following conditions: FIRST: Lessee shall maintain, at its sole cost and expense, the irrigation well and piping on the Premises. SECOND: Prior to the termination of this Lease, Lessee shall harvest the existing sod crop and thereafter shall plant a suitable cover crop. THIRD: At Lessee's sole option, this Lease may be extended beyond February 29, 2012, to continue on a month-to-month basis. In such event, Lessor may terminate the Lease upon 30 days' written notice. FOURTH: If Lessee wishes to plant a new sod crop in 2012, Lessee shall provide Lessor with at least 60 days' prior written notice. Upon receipt of such notice, Lessor may, at its sole option, terminate this lease prior to the expiration of its term and upon 30 days' written notice. FIFTH: Lessee covenants that working, storage, digging or packaging material or equipment shall only be left about the Premises on a temporary basis in accordance with normal agricultural practices. In no event is dumping permitted on the Premises or adjoining property. SIXTH: The failure of Lessor 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 that the Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. SEVENTH: Lessee shall indemnify the Lessor against and save Lessor harmless from any and all claims, demands and lawsuits or judgments arising out of the use of the Premises during the term of this Lease. Lessee agrees to carry and maintain at his own cost and expense throughout the entire term of this Lease a policy or policies of insurance in which the Lessor shall be named as an insured, insuring against death or injury to persons and damage to property in an amount not less than $2,000,000.00 combined single limit for both bodily injury and property damage liability type claims. Prior to taking possession of the demised Premises, Lessee shall deliver to Lessor a certificate of the insurance company issuing such insurance, evidencing such coverage. EIGHTH: In the event Lessee defaults in performing or observing any of the covenants or conditions of this Lease and does not cure such default after thirty (30) days written notice thereof by Lessor, Lessor may, at Lessor's option, terminate and cancel this Lease, re-enter the Premises and dispossess the Lessee or any other occupant of the Premises and remove their effects and take possession of the Premises and hold the same as if this Lease had not been made, and the Lessor shall not be precluded from any other remedy in law or in equity. NINTH: Lessee shall not make any additions or improvements to the Premises, including but not limited to wells and irrigation piping, without the prior written consent of Lessor. Upon the termination of this Lease, the Premises shall be returned to its original condition and any improvements made by Lessee pursuant to this Lease shall be removed from the Premises by Lessee at its sole cost and expense, unless otherwise agreed by the parties. TENTH: Lessee shall at the expiration, or sooner termination, of the term of this Lease, yield up the Premises in good condition and order to the Lessor. ELEVENTH: Lessee may not assign this Lease nor sublet any portion of the Premises. TWELFTH: Lessee must, at Lessee's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, insurance carriers, or Board of Fire Underwriters, or similar group. THIRTEENTH: If Lessee fails to correct a default after notice from Lessor, Lessor may correct it for Lessee at Lessee's expense. The sum Lessee must repay to Lessor will be additional rent payable to Lessor within fifteen days after written demand. FOURTEENTH: If any provision of this Lease is invalid or unenforceable as against any person or under certain circumstances, the remainder of this Lease and the applicability of such provision to other persons or circumstances shall not be affected thereby. Each provision of this Lease, except as otherwise herein provided, shall be valid and enforceable to the fullest extent permitted by law. FIFTEENTH: Any bill, statement or notice must be in writing and delivered or mailed to the Lessee at the address shown on the first page of this lease and to the Lessor at the address shown on the first page of this lease. Tt will be considered delivered 3 business days after mailing, or if not mailed, when left at the proper address. Any notice must be sent by certified mail and return receipt requested. Lessor and Lessee must send written notice to the other party if their respective address changes for purposes of notices under this Lease. Notices to Lessor shall also be sent to Melissa Spiro, Land Preservation Coordinator, Department of Land Preservation, Town of Southold, 54375 State Route 25, P.O. Box 1179, Southold, New York 1197:~. SIXTEENTH: This Lease can be changed only by an agreement in writing signed by the parties to the Lease. SEVENTEENTH: The Lessee covenants to pay reasonable attorney's fees and other legal expenses made necessary by the breach of any covenant or term of this Lease, or any default in the performance of any act or duty agreed to be performed. This covenant shall survive the termination and/or expiration or the lease term. EIGHTEENTH: Each party represents to the other no broker brOught about the signing of this agreement. NINETEENTH: The parties acknowledge that the Premises will be offered for sale by Lessor. Nothing herein shall prohibit Lessor from entering the Premises to show same to prospective buyers, and Lessee shall cooperate with Lessor to make the Premises available to prospective buyers and their agents. BY: TO~~~,~¢ Scott A. Russell, SUpervisor BY: ~3~ARCLIFF.SOD, ~N~ ~ Donald ~/jjcenski, President