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q® RESOLUTION 2013-804
ADOPTED DOC ID: 9205
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-804 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 6,2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a Lease Agreement between the Town of Southold and
the Oysterponds UFSD Board of Education in connection with District property to be utilized as
recreational facilities for use by the public, at an annual rent in the amount of $10.00,
commencing June 1, 2012 through May 31, 2022, subject to the approval of the Town Attorney.
aeaw- `
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
ORIGINAL
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of June, 2012, by
and between the Oysterponds UFSD Board of Education (hereinafter referred to
as "District") and the Town of Southold (hereinafter referred to as "Town").
WITNESSETH:
WHEREAS, the District has determined pursuant to Education Law §403-
a that real property constituting some 10.396 acres located on Main Road in East
Marion, Town of Southold, Suffolk County, New York (see attached) is "not
currently needed for School District purposes and that the leasing of such real
property is in the best interest of the District"; and has adopted a resolution to this
effect; and
WHEREAS, the Town recognizes that additional recreational facilities will
be made available for public use; and
WHEREAS, the District recognizes that such additional recreational
facilities will enhance both the District community and the community-at-large;
and
WHEREAS, the maintenance including lawn care, striping of tennis courts,
basketball courts and parking lot of the subject real property will be undertaken
by the Town in lieu of the District absorbing on a continuous basis such costs;
and
WHEREAS, it has been determined by both the District and the Town that
it is in their mutual interests to provide for the Town a baseball field, soccer field,
tennis court and basketball facility, and playground area located on the property.
NOW, THEREFORE, it is agreed by and between the parties as follows:
1. The District "leases" to the Town the property set forth within the
attached survey comprising 10.396 acres located within the District and the Town
at the annual rate, effective June 1, 2012 through May 31, 2022, of $10.00 and
such other good and valuable consideration as has been above-referenced.
2. The Town will not be permitted to provide for any illumination
of the said parkland or its appurtenances, including, the parking lot.
3. The District may cancel this Agreement upon their being:
(a) a substantial increase or decrease of pupil enrollment;
(b) a substantial change in the needs and requirements
of the District with respect to facilities;
(c) any other change which would substantially affect the
needs or requirements of the District or of the
community in which the District is located.
4. Upon termination, the Town is to be statutorily obligated to
restore the real property to its original condition less ordinary depreciation,
provided, however, the District may waive such requirement if the Town
has made improvements to such real property which may not be removed
without causing substantial damage to such real property; further, the
Town reserves the right to remove any playground structures/fixtures upon
termination of this Lease Agreement.
5. The Town agrees to indemnify and hold harmless the District
on account of any and all claims, actions, suits arising as a result of any
2
use by any person or entity of the leased real property and, further, the
Town is to name the District as an "additional insured" on its liability
coverage pertaining to the subject "parkland".
6. This Lease Agreement has been prepared under the laws of
the State of New York and is to be interpreted under the laws of the State
of New York; this Agreement merges all prior understandings and any
understandings or conditions, written or oral, upon which the parties are
relying which are not expressly stated herein are to be deemed with no
force and effect.
7. Any modifications to this Lease Agreement shall be in
writing, as amendments to the Lease.
IN WITNESS WHEREOF, the parties have duly executed this
Agreement the day and year first above written.
BO RD OF EDUCATION
OY ERPONDS D
By:
Title: PfZb'IPL=F G7-
TOWN OF S HOLD
By.
Sco . Russell, Supervisor
3
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On thi4e' ay of in the year 2013, before me personally
appeared known to me or proved to me on the basis
of satisfactornce 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 . t.
Notary Public
STATE OF NEW YORK) tbLry PubNe, b ft, SP'~0
fats of NOW YOU
) SS.: No. 4901"
COUNTY OF SUFFOLK pwlns. In Surtolc
1W Commission Exppss /S
On this 19 day of ftA o ~b 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.
Notary Public T
LAUREN M. STANDISH
N*bry A+bk Slats of New York
NO.GISTO184008
CWsi~ 00OW64 M Suffolk County
EW r" April 9.015
4
L-1 OYSTERPONDS U.F.S.D. IN ORIENT
23405 MAIN ROAD
ORIENT NY 11957
Telephone 631323-2410
Website: www.oysterponds.org
Board of Education
DISTRICT CLERK'S CERTIFICATE
I, Marion H. Hughes, being the duly appointed and acting District Clerk of the
Oysterponds Union Free School District, in the County of Suffolk, State of New York, HEREBY
CERTIFY that the foregoing annexed extract from the minutes of the meeting of the Board of
Education of said District duly called and held on October 22, 2013, has been compared by me
with the original minutes as officially recorded in my office in the Minute Book of said Board of
Education and is a true, complete and correct copy thereof and of the whole of said original
minutes so far as the same relates to the subject matters referred to in said extract.
IN WITNESS W OF, I have hereunto set my hand affixed the corporate seal of said
District on this day of November, 2013.
cli.
District Clerk
t 0YSTERPONDS U. F.S.D. IN ORIENT
23405 MAIN ROAD
ORIENT NY 11957
Telephone 631323-2410
Website., www.oysterponds.org
Board of Education
I, Marion H. Hughes, District Clerk of Oysterponds Union Free School District, in the County of
Suffolk, New York, HEREBY CERTIFY as follows:
BOARD RESOLUTIONS:
Resolved a motion by Ms. Lyne, seconded by Mr. Demarest upon the recommendation
of the Superintendent of Schools, Mr. Malone, that the Board of Education authorizes
the Board President to sign the lease agreement extension with the Town of Southold
for the East Marion property. Motion carried 4 Yes; 1 No; 0 Abstain
The seal impressed upon this Certificate is the duly adopted and only official seal of
said School District.
IN WITNESS WHEREOF, 1 -Ive hereunto set my hand and affixed the corporate seal of
said School District in this day of November, 2013.
Marion H. Hughes
r RESOLUTION 2013-804
ADOPTED DOC ID: 9205
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-804 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 6,2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a Lease Agreement between the Town of Southold and
the Oysterponds UFSD Board of Education in connection with District property to be utilized as
recreational facilities for use by the public, at an annual rent in the amount of $10.00,
commencing June 1, 2012 through May 31, 2022, subject to the approval of the Town Attorney.
a
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
ORIGINAL
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of June, 2012, by
and between the Oysterponds UFSD Board of Education (hereinafter referred to
as "District") and the Town of Southold (hereinafter referred to as 'Town").
WITNESSETH:
WHEREAS, the District has determined pursuant to Education Law §403-
a that real property constituting some 10.396 acres located on Main Road in East
Marion, Town of Southold, Suffolk County, New York (see attached) is "not
currently needed for School District purposes and that the leasing of such real
property is in the best interest of the District"; and has adopted a resolution to this
effect; and
WHEREAS, the Town recognizes that additional recreational facilities will
be made available for public use; and
WHEREAS, the District recognizes that such additional recreational
facilities will enhance both the District community and the community-at-large;
and
WHEREAS, the maintenance including lawn care, striping of tennis courts,
basketball courts and parking lot of the subject real property will be undertaken
by the Town in lieu of the District absorbing on a continuous basis such costs;
and
WHEREAS, it has been determined by both the District and the Town that
it is in their mutual interests to provide for the Town a baseball field, soccer field,
tennis court and basketball facility, and playground area located on the property.
NOW, THEREFORE, it is agreed by and between the parties as follows:
1. The District "leases" to the Town the property set forth within the
attached survey comprising 10.396 acres located within the District and the Town
at the annual rate, effective June 1, 2012 through May 31, 2022, of $10.00 and
such other good and valuable consideration as has been above-referenced.
2. The Town will not be permitted to provide for any illumination
of the said parkland or its appurtenances, including, the parking lot.
3. The District may cancel this Agreement upon their being:
(a) a substantial increase or decrease of pupil enrollment;
(b) a substantial change in the needs and requirements
of the District with respect to facilities;
(c) any other change which would substantially affect the
needs or requirements of the District or of the
community in which the District is located.
4. Upon termination, the Town is to be statutorily obligated to
restore the real property to its original condition less ordinary depreciation,
provided, however, the District may waive such requirement if the Town
has made improvements to such real property which may not be removed
without causing substantial damage to such real property; further, the
Town reserves the right to remove any playground structures/fixtures upon
termination of this Lease Agreement.
5. The Town agrees to indemnify and hold harmless the District
on account of any and all claims, actions, suits arising as a result of any
2
use by any person or entity of the leased real property and, further, the
Town is to name the District as an "additional insured" on its liability
coverage pertaining to the subject "parkland".
6. This Lease Agreement has been prepared under the laws of
the State of New York and is to be interpreted under the laws of the State
of New York; this Agreement merges all prior understandings and any
understandings or conditions, written or oral, upon which the parties are
relying which are not expressly stated herein are to be deemed with no
force and effect.
7. Any modifications to this Lease Agreement shall be in
writing, as amendments to the Lease.
IN WITNESS WHEREOF, the parties have duly executed this
Agreement the day and year first above written.
BO RD OF EDUCATION
OY ERPONDS D
By:
e: 6 rAq-avl'~ L-, r?fOtifi/d1
Title: P2d`~1et74T-
TOWN OF S HOLD
By:
Scot . Russell, upervisor
3
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
0k
On this day f , in the year 2013, before me personally
appeared , known to me or proved to me on the basis
of satisfactory e ' ence 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 Instrument.
4~ f w w a- L%Lj 1'>
Notary Public
STATE OF NEW YORK) MWAM PWnno
Notan Public, tNm of Now Yak
) SS.: No.490M
COUNTY OF SUFFOLK) GnIMW In Suffolk
Commbsbn /S
On this Id day of [ILI)o QT 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.
Notary Public
LAUREN M. STANDISH
"01"
p4d 8fete of New York
N0.018TS164008
I"80olk County
APrII 9, 215
4
~-1 0YSTERPONDS U.F.S.A IN ORIENT
23405 MAIN ROAD
ORIENT NY 11957
Telephone 631323-2410
Website. www.oysterponds.org
Board of Education
DISTRICT CLERK'S CERTIFICATE
I, Marion H. Hughes, being the duly appointed and acting District Clerk of the
Oysterponds Union Free School District, in the County of Suffolk, State of New York, HEREBY
CERTIFY that the foregoing annexed extract from the minutes of the meeting of the Board of
Education of said District duly called and held on October 22, 2013, has been compared by me
with the original minutes as officially recorded in my office in the Minute Book of said Board of
Education and is a true, complete and correct copy thereof and of the whole of said original
minutes so far as the same relates to the subject matters referred to in said extract.
IN WITNESS E~OF, I have hereunto set my hand affixed the corporate seal of said
District on this day of November, 2013.
District Clerk
L1 OYSTERPONDS U.F.S.D. IN ORIENT
qhl& 23405 MAIN ROAD
ORIENT NY 11957
=Y Telephone 631323-2410
Website: www.oysterponds.org
Board of Education
I, Marion H. Hughes, District Clerk of Oysterponds Union Free School District, in the County of
Suffolk, New York, HEREBY CERTIFY as follows:
BOARD RESOLUTIONS:
Resolved a motion by Ms. Lyne, seconded by Mr. Demarest upon the recommendation
of the Superintendent of Schools, Mr. Malone, that the Board of Education authorizes
the Board President to sign the lease agreement extension with the Town of Southold
for the East Marion property. Motion carried 4 Yes; 1 No; 0 Abstain
The seal impressed upon this Certificate is the duly adopted and only official seal of
said School District.
IN WITNESS WHEREOF, I hafve hereunto set my hand and affixed the corporate seal of
said School District in this day of November, 2013.
Marion H. Hughes