HomeMy WebLinkAboutZahra, Charles & Jean 1000-140.-3-4 Y
LICENSE AGREEMENT
THIS AGREEMENT made this J,day of2016, between the Town
of Southold, a municipal corporation, with its principal place of business at 53095
Main Road, Southold, New York 11971-0959 (hereinafter"Town") and Charles
Zahra and Jean T. Zahra, residing at 1830 Pike Street, Mattituck, New York
11952 (hereinafter"Licensee").
WHEREAS, the Town is the owner of certain real property known as 630
Pike Street in the Hamlet of Mattituck with an assigned Suffolk County Tax Map
#1000-140.00-03.00-005.000 (the "Subject Property"); and
WHEREAS, the Licensee is the owner of the adjoining parcel to the west
known as 600 Pike Street in the Hamlet of Mattituck with an assigned Suffolk
County Tax Map # 1000-140.00-0.300-004.00 (the "Zahra Property"); and
WHEREAS, the Zahra Property is improved with a commercial building
which the septic system thereof located on the Subject Property underneath the
asphalt parking lot; and
WHEREAS, on February 22, 1986, the Licensee entered into a license
agreement with the Mattituck Park District, the predecessor in interest of the
Subject Property, to install and maintain said septic system; and
WHEREAS, the Town purchased the Subject Property on October 29,
2016, in order to maintain same as a municipal parking lot; and
WHEREAS, the Town recognizes that the Licensee would suffer severe
financial hardship if the septic system would have to be removed from the subject
property; and
WHEREAS, the Town further recognizes that the Town has an interest in
the continuing commercial viability of the businesses located on or near Love
Lane; and
WHEREAS, the Town has determined that, subject to certain conditions,
since the septic system has been in place since 1986 and has not impacted the
use of the parking lot, the Town wishes to grant a license to the Licensee to
permit the septic system to remain on the Subject Property as set forth below.
NOW, THEREFORE, in consideration of the promises and the mutual
covenants and conditions herein contained, it is agreed by the parties hereto as
follows:
1. The above recitals are incorporated herein and made a part hereof.
1 •,
2. Interest conveyed:
This instrument shall be deemed to be a revocable license from the
Town to the Licensee for the purposes set forth herein. The
License shall not be construed to convey any interest in real
property and it shall not be deemed to be a License coupled with an
interest, nor shall it be considered an alienation of Town property.
3. Term:
The term of this License shall be from April 15, 2016, to December
31, 2026, unless otherwise terminated by the Town in accordance
with 19 below.
4. Fee:
The licensee shall pay to the Town the sum of two hundred and fifty
dollars ($250.00) per year, payable in advance on March 1St of each
year during the term of this license until terminated.
5. Insurance:
Prior to undertaking any activities contemplated by this Agreement,
the Licensee shall, at its own cost and expense, provide and keep
in full force and affect the following insurance coverages, naming
the Town of Southold as Additional Insured.
Insurance coverage shall be evidenced by a Certificate of
Insurance submitted in a form acceptable to the Town.
General Liability:
Form: Comprehensive General Liability
Limit: $2,000,000 per occurrence/$4,000,000 general
aggregate
$300,000 for damage to rented premises
$10,000 for Medical Expenses (Any one
person)
The Town must be notified of any impairment of any of the above
limits at the inception of or during the License.
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The Town shall be the sole judge in determining the acceptability of
insurance requirements. The Town retains the right to reasonably
adjust the coverages required herein from time to time.
6. Indemnification:
Licensee shall defend, indemnify, and save harmless, to the extent
permitted by law, the Town, its officers, agents, servants, and
employees against and from all suits, losses, demands, actions,
recoveries, judgments, and costs of every kind and description and
from all damages to which the Town, or any of its officers, agents,
servants, and employees may be subjected by reason of injury to
person or property of others resulting from the Licensee's septic
system and its use of this License, or through any act or omission
on the part of the Licensee or its agents, employees or servants.
7. Permitted Licensee's Activities:
A. Pursuant to this Agreement, the Licensee may maintain the
existing septic system in the current location only, as shown
on the attached plan.
B. Any repair or upgrade to the septic system shall be in full
conformance with all applicable Suffolk County Department
of Health requirements and subject to the approval of the
Town Engineer.
8. Licensee's Responsibilities:
A. Maintenance of the Septic System and Surrounding Area.
The Licensee shall maintain, at its own cost and expense,
the septic system, and bear the entire cost associated with
the remediation to any disturbance to Town property,
including removal and replacement of asphalt, in the course
of repair or upgrade to said system. All work done in
connection with any remediation shall be on prior written
notice to the Town, be expeditiously completed and be
subject to the approval of the Town Engineer.
B. Regulatory Compliance. The Licensee shall comply with all
applicable Federal, State and Local Laws, rules and
regulations, and shall indemnify the Town pursuant to
Section 5 for failure to do so.
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C. The Licensee shall ensure that the use of the License does
not interfere with any of the parking stalls located on the
Subject Property.
9. Termination:
This License Agreement is immediately revocable by the Town at
any time, with or without cause, upon 60 days written notice served
upon Licensee. Additionally, this Agreement shall terminate upon
the Licensee ceasing the operation of its business, and any new
business entity must request a new License Agreement from the
Town and provide new insurance to the Town. Upon revocation or
other termination, the Town shall, at its sole election, retain the
septic system, or may demand complete removal and full
restoration within sixty (60) days upon written demand (or as soon
thereafter as weather permits), the value of either which shall be
considered further consideration for the grant of the revocable
license.
10. Default:
Failure to perform any requirement under this License Agreement
shall constitute a default.
11. Contact Information:
All notices under this Agreement shall be directed by first class mail
as follows:
If to the Town: Town of Southold
Office of the Town Attorney
P.O. Box 1179
53095 Main Road
Southold, NY 11971-0959
(631) 765-1939
If to Licensee: Charles Zahra and Jean T. Zahra
P.O. Box 1137
1830 Pike Street
Mattituck, NY 11952
Babcie5(aD_optonline.net
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12.This Agreement shall be governed by the substantive and procedural
laws of the State of New York.
13.Both parties acknowledge that they have had the opportunity to have
counsel of their choosing review this Agreement. Regardless of any
contrary rule of construction, no provision or alleged ambiguity of this
Agreement shall be construed in favor of one of the parties because it
was drafted by the other party or their attorney.
14.This Agreement may only be changed in writing signed by both parties.
15.This Agreement is not assignable without written approval of the
proposed assignment by the non-assigning party.
16.This Agreement and any exhibits attached hereto contain the entire
agreement of the parties with respect to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed said
License Agreement on the day and year first above written.
TOWNOF S UTHOLD LICENSEE
By: By:
ScottlA. Russe I, Supervisor
By:
STATE OF NEW YORK )
) ss..
COUNTY OF SUFFOLK)
IL
On the 1 3 day ofhl in the year 2016 before me personally
appeared SCC'AI-Q .k.u.SSOU , personally 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 whose behalf of which the individual
acted, executed the instrument.
Notary Public
LAUREN M.STANDISH
Notary Public,State of New York
No.01 ST6164008
5 Qualified in Suffolk County
Commission Expires April 9,2019
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK)
On the 1 day of in the year 2016 before me personally
appeared Charles Zahra, perso Ily 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 instrum the individual or the person
upon whose behalf of which the individual acted ce ute e ' st ent.
Notary ub is
DANIEL C. ROSS
STATE OF NEW YORK ) Notary Public, State of New York
No.4907175
ss.: Qualified in Suffolk County
COUNTY OF SUFFOLK) Commission Expir6s.Aug. 31, 29��
On the f(ly--day of MOL4 in the year 2016 before me personally
appeared Jean T. Zahra, 'Personilly 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 eNot
iaig
ame in her
capacity and that by her signature on the instthe person
upon whose behalf of which the individual actent.
yu
DANIEL C. ROSS
Notary Public, State of New York
N6. 4907175
Qualified in Suffolk County
Commission Expir6s_Aug. 31, 20
6
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MAP FOR
SCEPTIC SYSTEM EASEMENT
SI T UA TE
MATTITUCK
AQ E �► TOWN OF SOUTHOLD
63' 5 N SUFFOLK COUNTY, NEW YORK
N S.C. TAX No. 1000- 140-03-04
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APRIL 27, 2016
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NY S. Lic. No 50467
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Nathan Taft Corwin III
Land Surveyor
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Successor To: Stanley J Isaksen, Jr LS. O o A
Joseph A. Ingegno L.S. - r Nr
Title Surveys — Subdivisions — Site Plans — Construction Layout S 0
PHONE (631)727-2090 Fax (631)727-1727
OFFICES LOCATED AT MAILING ADDRESS
1586 Main Road P.O. Box 16
Jamesport, New York 11947 Jamesport, New York 11947
36-079
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