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HomeMy WebLinkAboutFishers Island Tennis CourtsRESOLUTION 2013-448 ADOPTED DOC ID: 8864 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-448 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 4, 2013: RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and the Fishers Island School District in connection with maintenance of the tennis courts for a five year term at a cost of $1.00 per year, subject to the filing with the Town Clerk of a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, and further subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell GRIGINAL LEASE AGREEMENT THIS AGREEMENT, made this 1" day of June, 2013, between FISHERS ISLAND SCHOOL DISTRICT, UFSD #4, having its office and principal place of business at 78 Greenwood Road #600, Fishers Island, New York, hereinafter "Landlord" and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, hereinafter"Tenant". WITNESSETH: WHEREAS, in consideration of the promises set forth herein, the parties mutually agree as follows: 1. Term. The term of this Lease shall be for five (5) years commencing on June 1, 2013 and ending on May 31, 2018. 2. Premises. The premises that are the subject of this Lease Agreement are described as follows: Two tennis courts situated on the public school grounds on Fishers Island, New York 3. Rent. The yearly rent is $1.00. The Tenant will pay this yearly rent to the Landlord, as follows: in its entirety upon the execution of this Lease Agreement. 4. Agreement to Lease and Pay Rent. Landlord leases the premises to Tenant for the term specified herein. The Tenant agrees to pay the Rent and other charges as required in the Lease to the Landlord. The Tenant agrees to do everything required of it in the Lease. 5. End of the Term. The Tenant agrees that at the end of the Term it will surrender the premises in as good condition as now, except for ordinary wear and damage by the elements. 6. Successors. Unless otherwise stated, the Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. 7. Changes. This Lease can be changed only by an agreement in writing signed by the parties to the Lease. 8. Quiet Enioyment. Landlord agrees that if the Tenant pays the rent and is not in default under this Lease, the Tenant may peaceably and quietly have, hold and enjoy the premises for the term of this Lease. 9. The Landlord covenants and agrees to procure and maintain during the term hereof an insurance policy naming Tenant as an additional insured in the amount of not less than $1 million dollars for person and $500,000 for property. Landlord will provide a Certificate of Insurance at the beginning of each three year term of this Agreement. 10. Tenant shall provide nets and striping for Courts and shall maintain same. Landlord will provide day-to-day general maintenance including sweeping, removal of debris and maintenance of nets. 2 IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. FISHERS ISLAND SCHOOL DISTRICT UFSD #4 By: �� V e: Title: TOWN OFSOU LD By: Scott A. Russell, Supervisor STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this.0-- ay o lk n2 in the year 2013, before me personally appeared Qba 1Ps Azg*r5 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NotaUj Public MARY B PANKIEWICZ STATE OF NEW YORK ) Notary Public State of New York ) ss.: °IPA -6267950 COUNTY OF SUFFOLK) Commission Ex 'res 4160 9 014 CpGf,ed 1n (k n'lJ On thisQ1 day of In the year 2013, 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. —kYir L& /Notary Public MICHELLE L. TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK 3 No. 01 706156671 Qualified In Suffolk County M4 COMMISS10f1 E%Pl1e1 NOVOMbof 27, 2014