HomeMy WebLinkAboutStrawberry Fields06/12/2002 i2:28 5160~44977 SOPARKS PAGE 02
Greenways-Southold "Stra ~vberry Fields"
Rev. 4/26/02
Law No.: 02-PK-18
AGREEMENT
This Agreement (Agreement) is made between thc Coun~ of Suffolk (County), a
municipal corporation of the State of New York, having its principal offices at the County Center,
Riverhead, New York 11901' acting through its duly constituted Department of Parks,
Recreation and Conservation (Department), located at Montaulc Highway, West Sayville, New
York 11796 and the Town of Southold (Town), a municipal corporation of thc State of New
York, having its princxPal offices at Town Hall, 53095 Main Road, Southold, New York l 1971.
The parties hereto .desire to emer imo an agreement for ~e purpose of improving and
maintaining certain property known as "Strawberry Fields", located ~long the north side of County
Route 48 (Sound Avenue); Mattituck, in the Town ofSouthold, Coun~ o fSuffolk, State of New York,
as active parklands to include, two (2) Soccer Fields, ~xvo (2) B~seball Fields, a Playground,
Fairgrounds and Parking.
Term of Agreement:
Shall be as set forth in Exhibit A attached,
Total Cost of Agreement:
None t° County.
Terms and ConditiOns:
Shall be as set forth in Exhibits A and B attached.
In Witness Whereof, the parties hereto have executed this Agreement as o£the latest date
written below,
Town of Southold
Da e: qf, fo,.
County of suffolk
By.
Eric
Chief Deputy County Executive
Date: AI~ ~ 0 2~2
Approved As To Form, Not
Reviewed As To Execution:
Robert J. Cimino
Suffolk County Attorney
By: ~
Approved:
Department of Parks, Recreation and
Conservation_ ~
By: .~ ....
Peter~uliy
I
Commiss!oner!
Greenway~Southold "Strawberry Fields"
Rev:4~26~02
Law. No: 02-PK-18
EXHIBIT A
Whereas, the Town de~ires to improve and maintain property known as "Strawberry Fields",
consisting of approximately37.3 acres along the north side 0f County Route 48, (Sound Avenue),
Martituck, Suffolk County Tax Map No. 1000-113-12, lot 15.000, located in the Town of Southold,
County of Suffolk,.State of New York as active parklands acquired or to be acquired by the County
pursuant to Resolution Nos. 559-1998 and 1008-2000. for active parkland~ to include two (2) Soccer
Fiel~, two (2)BasebalI Fields, a Playground, Fairgrounds and Parking.
Whereas. the Town has expressed its commitment by Resolution of its Board to perform
these services either directly or, ifflarough binding written agreeraeni with other organizations,
upon prior approval in writing of the County; and
Whereas, pursuant to Resolution No. I008-2000 of Suffolk ,County [attached hereto as
Exhibit B (Authorizing ResolutiOns) and made a part hereof], the Cour~ty is authorized to enter
into this 'Agreement; and
Wherea.s, pursuant to Resolution No. g50-2001 of the Town 0fSouthold [attached hereto
as Exhibit B (Authorizing Resolutions)_and made a part hereof], the Tdwn has committed to
~mprove and maintain the property as active parklands; and
Whereas, pursuant to Resolution No. 1008-2000, of the County of Suffolk, SEQP,.A has
been completed for the acquisition of the property;
Now, Therefore, the parties hereto agree as follows:
1. The term of this Agreement shall be twenty ~20) years from the date of execution of this
Agreement.
2. (a) Subject to the County's.acquisition of the property, the Town, at no cost to the
County, shall improve and maintain the parcels authorized to be acquired by the County, upon the
actual acquisition thereof by County, as active parkland including two (~) Soccer Fields, two (2)
Baseball Fields, a Playground~ Fairgrounds and Parking. The Town shall, at no cost to the County,
perform such services to accomplish the work required to be performed under and in accordance
with this Agreement.' The Town has submitted plans to the Department and shall commence
maintenance and improvement services immediately upon execution of this Agreement and shall
complete all improvements within eighteen (18) montha from the date of execution. Any and all
improvements made to the property at any time shall be made in accordance with Resolution No.
1008-2000 of the County and with the plans submitted to and approved in writing by the
Department prior to commencement of any work. Approved plans shall become a part of this
Agreement and be attached hereto.' Any alterations to the property shall be subject to any applicable
SI~QRA, Any and all improvements made to the property shall immediately become the property
ortho County upon the instaIlatiun thereof.
Co) The Town shall submit prior to or along with any plans,.reports, specifications,
permit or'other applications, analyses' or other engineering work required to be submitted to the
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12:28 5168544977
S~P~RKS
Greenways-Southold "Strawberry Fields"
Rev:4/26/02
Law. No: 02-PK-lg
the Town to the CoUnty. This provision sha I be deemed to be enforceable by the Lions Club as a
third party beneficiary for the 2002 transaction.
13. The contact persons for the parties to this Agreement shall be: for the County, the Parks
Commissioner; for the Town, the Supervisor, Each party shall give'prompt written notice to the
other party of the appointment of successor(s) to the designated contact person(s) or his or her
designated successor(s).
14. The Town shall comply with all Federal, State and local law% rules, regulations, codes and
ordinances in the performance of this Agreement and shall obtain, pay for and comply with any
conditions contained in any permits, approvals and renewals thereof which are required to be obtained
in the legal performanbe of this Agreement.
15. The Town specifically represents and warrants that it has and shall possess, and that their
employees, agents, contractors arid subcontractors have and shall possess, the knowledge and
experience necessary to qualify them individually for the particular duties they perform under this
Agreement.
16. The Town wan-mats that, except as may otherwise be authorized:.by Agreement, they are not in
arrears to the County upon debt or contract and are not in default as surety, contractor or otherwise on
any obligation to or contract with the County.
17. This Agreement may be terminated in whole or in part by the County, upon written notice to
the Town specify/ng.the reason for termination, in the event of failure by the Town to fulfill its
obligations under this contract. The Town shall be given thirty (30~ days from the notice of
termination to cure the defect.
18. (a) The Town agrees to procure, pay the entire premium for and maintain throughout
the term of this A~eement insurance in amounts and types specified by the County. Unless
otherwise specified by the County and agreed to by the Town, in writing, the Town shall provide
the County with insurance in'the following types and amounts:
(i) ~Commercial .General Liability Ins~ur. anee, including contractual
coverage, in an amount not less than Two Million Dollars
($2,000,000.00) combined single limit for bodily injury and property
damage per occurrence.
(ii) Professional Liability Errors and Omissions InSurance, in an
amount not less than Two Million Dollars ($2,000,O00.O0):un either a
per occurrence or claims made coverage basis.
(iii) Automobi!e..Liabilitv Insurance (ifanyvehicles are u~ed in the
performance of this Agreement) in an amount not less than Three
Hundred Thousand Dollars ($300,000.00) combined single limit for
bodily injury and property damage per occurrence.
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Greenways-Southold "Sl~rawberry Fields"
Rev:4~26/02
Law. No.' 02-PK-1 g
(iv) .Workers' Compensation and Employer's Liability Insurance in
compliance with all applicable New York State laws and regulations
and Disabil~t¥ Benefits I~.surance if required by law and shall have
furnished to the'County prior to its execution of this Agreement the
documentation required by the State of New York Workers'
Compensation Board of coverage or exemption from coverage
pursuant to §~ 57.and 220 of the Workers' Compensation Law. In
accordance.with General Municipal Law § I08, this Agreement shall
be void and of no effect if the Town or its subcontractor shall no£
provide and maintain such coverage during the term ofthls Agreement
for the benefit of suci~ employees as are required to be covered by the
provisions ofthe Workers' Compensation Law.
(b) All policies ghall be issued by insurance companies With an A.M. Best rating of
A- or better which are licensed to do business in the State of New York. The Town shall furnish
to the County certificates of insurance or, on request, original policies, evidencing compliance
with the aforesaid insurance requirements. In the case of commercial general liability insurance
and of any automobile l~ability ins~ce, said certificates or other evidence of insurance shall
name the County. of'Suffolk as an additional insured. All such certificates or other evidence of
insurance shall provide for the Couniy of Suffolk to be a certificate holder and to be notified in
writing thirty (30) days prior to any. cancellation, nonrenewal or material change. Such
certificates, policies or oihe~ evidence of insurance amd notices shall be mailed to the Suffolk
County Division of Insurance and Risk Management, P.O. Box 5100, Hauppauge, New York
11788. If the Town has a self-insurance program under Which it acts as self-insurer for any of
such required coverage, it may provide self-fundect coverage and certificates or other evidence of
such self-insurance in lleu 6fin~urance issued by insurance companies.
(c) Furthermore, the. Town shall defend, indemnify and hold harmless the County, its
officers, employees, and agents from and against all losses, cia/ms, costs, judgments, Iien~,
encumbrances and expenses, inchiding attorneys' fees, and any and all demolition charges and/
or related costs or expenses,, by reason of liability imposed by law, for damage because of bodily
injury, including death at any.time resulting therefrom, sustained by any person or persons, or on
account of damage to property, arising out of the acts, omissions or negligence of the Town in
eormeetion with the 'services described or referred to in this Agreement.
19. Town shall not allow anypublie improvement liens to be claimed, assessed and/or filed
against the County with reference to any maintenance or impmvemenis which the Town may
.make upon the Subject Premises. Should any of the same be filed, the Town shall cause them to
be bonded or discharged within thirty (30) days of said filing.
20. Town represents and warrants that it has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the
purpose or intent ofsecuiSng.an agreement or securing favorable treatment with respect to the
awarding or amending of lan agreement or the making of any determinations with respect to the
performance of an agreement, and that the ~is~er of this Agreement has read and is familiar with
PAGE
¸86
Greenways-Southold "Strawberry Fields"
Rev:4/26/02
Law. No: 02-PK-I$
the provisions of Local Law No. 32-1950 of Suffolk County (Chapter 386 of the Suffolk County
Code).
21 It is expressly agreed that the status of the Town hereunder is that of an independent
contractor. Neither the Town nor any person hired by the Town shall be considered employees
of the County/'or any purpose whatsoever.
22 The Town shall not assign, transfer, convey, sublet or otherwise dispose of this Agreemcm, or
any of its right, fit. Iv or interest therein, or its power to execute this Agreement, without the prior
consent in writing of the County, and any attempt to do any of the foregoing without such consent shall
be of no effect.
23 It is expressly agreed that if any term or provision of this Agreement and any amendment
hereto, or the application'.thereof to any person or circumstance, shall be held invalid or
unenforceable to any extent, the remainder of this Agreement and any amendment hereto, or the
application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby, and every other term and provision
of this Agreement and any amendment hereto ~lm..ll be valid and shall be enforced to the fullest
extent permitted by law.
24. This Agreement is subject to County acquiring title to the property described in
Resolution No 1008-2000:
25 R is expressly agreed that this Agreement embodies and constitutes the entire
understanding of the parties with respect to the subject matter of this Agreement and that it
supersedes all prior agreements, understandings, representations and Statements, oral or written,
and all prior dealings of the parties with respect to the subject matter hereof,
26. No modification of this Agreement shall be valid unless written in the form of an
Addendum or Amendment signed by both parties.
End of Text -
86/12/2882 12:28 5168544977
SCPARKS PAGE 87
Greenways-$outhold "Strawberry Fields"
Rev:4/26~02
Law. No: 02-PK-I8
EXHIBIT B
AUTHORIZING RESOLUTIONS
(Exhibit B consists of 3 Pages)
7
E6/12/2002 12:28
516854~977 SGP~KS PASE 88
ELIZA~ETI'~ A. NEVILLE
TOWI~ CLERK
REGISTRAi~ OF VITAl.. STATISTICS
MARRIAGE OFFICE]//
RECORDS MANAGEMENT OFFICEI~
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 i~ain Road
P.O. Box 1179
Southotd, New York 11971
Fax (631) 765~6145
Telephone f631) 765-1S00
OFFICE OF TttE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 850 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 18, 2001:
WHEREAS. the Town of Southold w/shes to request that the County of Suffolk purchase a
parcel ofland under the SuffoIk County Greenways Program for acfige parklands, including
multi-purpose fields, which are'located on the north side of County l~oute 48 (Sound Avenue),
Mattituck, and are more particularly described on the Suffolk County Tax Map as District 1000,
Section 113, Block 1Z Lot 15 and
WHEREAS, the Town of Sourhold will improve and ma/ntain the property as active parkland;
and
WHEREAS, such parcel consist ofapproximately 37.3 acres;
NOW, THEREFORE, BE IT ROSOLVED by the Town Board of the Town of Southold that
the Town of Southold hereby requests that the foilow{.ng oarcel of land be vurclinsed by
Suffolk C.quntT as part of the Suffolk Count,,' G. reeuwavs Fund, tO wit: north side of CounVy'
Route 48 (Sound Avenue), Mattituck, and are more particularly described on the Suffolk County
Tax Map as District 1000, Section 113, Block 12, Lot 15 and
BE FURTHER RESOLVED that the Town of Southold hereby makes a commitment to
improve and maintain the property as active parklands.
Elizabeth .40 NeVille
Southold Town Clerk
~f/12/2002 12:28
5168544977 SCPARKS PAGE...89
[
Intro. Res. No. 1850-2000
Introduced by Legislators Caracciolo and Guldi
Laid on the Table 8/31/00
RESOLUTION NO. 1008 .2000, IMPLEMENTING GREENWA¥S
PROGRAM IN CONNECTION WITH ACQUISITION OF ACTIVE
PARKLANDS, PROPERTY ALONG NORTH SIDE OF COUNTY
ROUTE 48 (TOWN OF SOUTHOLD)
WHEREAS~ Resolution No~ §59-1999, a "Charter Law Adding A~,,cle XII,A to the
SUffolk Cqunty, Charter t¢~ ProVide a Suffolk Community Graenways County Fund was approved
by. the electorate on November 3/19gg~ thereby making $20 Million, available for land acquisition
under the Suffolk County Active Parkland[a AcquiSition program; andI
WHEREAS, the. Town of So. uthold ,adopted a Resolution, dated August 1, 2000,
wherein it requests the County of Suff.?]k to purchbse certain parcel.s, under the Suffolk County
.Community Greenways P~'ogram for active pai'klande, and made a written binding commitment to
Improve and matntaih the' properties as active parklands upon .t. he[r acqu/sitJon by the County of
Suffolk; now, therefore, be it
RESOLVED, that the Director of the Division ef Real Estate, er his deputy, is hereby
authorized, empowered, and directed, pursuant to Section 16-3(B)i of the SUFFOLK COUNTY
CHARTER, to acquire fee title, to the parcels listed herein b®Jow from the reputed owners for
inclusion in .the Suffolk County A=tive Parklands Acquis'~on Program, the funding for which shall
be provided under the Suffolk. Community Greenways County Fu~nd, i,e. Section 12-A(A)(2) of the
SUFFOLK COUNTY CHARTER:
SUFFOLK COUNTY
PARCEL: TAX MAP N..UMBER.' ACRES: REPUTED OWNER AND ADDRESS:
No. I District /1000 37.3
Section 113.00
Block 12.00
Lot 015:000
and be it further
Anthony Pin'ere;
129 B East Main Street
Patchogue., .New York 11772
2nd RESOLVED, t. hat the County of Suffolk hereby apprqves the Town of $oufflOld
Resolution, dated August 1,' 2000, wherein it makes a written binding commitment to improve and
maintain the proposes aa active parklands upon their acquisition by the County of Suffolk; and be
it further
3rd RESOLVED, that this proposed acquisition shall' 'be 'consummated in ac=ordance
with, and subject to, the provisions of Se~ons 12-A(A)(2), (5) and (6) of the SUFFOLK COUNTY
CHARTER in connection with such active parklands acquisitions; and be it further
4th RESOLVED, that the County Department of Law, the 'Division of Real Estate, the
County Planning Department, the County Departmer!t of Public Works, and/or the County
Department of Parks. Recreation and Conservation are hereby authorized, empowered, and
direGted to take such oth~r..actions as may be necessary .and appr. opdate to consummate such
acquisition, including, but not limited to. securing apprel$.a. Js, :bbtain]ng surveys, obtaining
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12:28
5168544B77 SOPARKS PAGE lB
engineering reports, securing title insurance,, and executing such ether documents are
to acquire such County inter~$t in-said lands, and be it further as require~i
oS~hthe consumm~aEtl~oOnLoVfEt~)i t~:atu~iYfi::eo~C.,u_mbered, u.all?cated.fu.?s available at the conclusion
and su ~ q · menu proposeo orca :
bsequent Active Par P IS snail be appro dar
, Hands Ac ua~l .. p edto future
necessary under the Suffolk ~-,,-.--,,..,~.~ tJon Pr_~ram acqulsmbons as such fu
........... .,Ly ~reanways county Fund; and be it further nde may be
6th RESOLVED, '.that the above activit is a T -
Title 6 NYCRR Part 61 h=,.~.o. :. -- .... -. Y !. ype I action pursuant to the nrnvi~,~.o ,.~
County of Suffolk; andbe it further environmental area ,as designated by the
7th RESOLVED, that the ProjeCt will not have a significant effect on the environment for
the following reasons:
the Site contains no Irees or shrubs, is flat and level, and has
been used the last four (4) years for an annual Strawberry
Festival; and
2.) no significant habitats will be affected; and
3.) if not acq.uired for active parklands purposes, the property will
most likely be developed for residential purposes incurrfng far
greater environmental impac~ than the Proposed acquisition
and preservation of the s~te would have. .
DATED: November 21, 2000
_ APPROVED BY:
County Executive of~uffolk County
Date of Approvah m~ ~'~
SUFFOLK COUNTY
COu~ Legislature
Th~s b to certi~ that I, HL~NRy g BARTON, J~, Clon~ o£t~e
County Legis~e oE~ C~ of Suffo~ ~ve comped ~g ~mgo~g
c~ ofr~olu~on wi~ ~c o~ ~olu~on n~ on fi~ ~.~ o~ ~d
which w~ duly ~opted by ~e Co~ ~g~l~ u~ said Co~ on
~ovembe~ 21, 2000, ..
oE~jd resolu~ ~ ~d ~t ~ ~e:~ a ~e ~d ~ec[ ~scdpt
of ~ whole
omciai ~1 of~e ~ ~1~,~ of~e ~ of Su~
2
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12:28 §1605449??
SOPARKS PAGE
Project #PKS-39-00
CI~Q Resolution No, 43-00 September 20, 2000
RECOMMENDATION CONCERNING A SEQKA CLASSIFICATION
AND DETERMINATION FOR THE PURPOSES OF
CHAPTER 279 OF THE SUFFOLK COUNTY CODE
FOR THE PROPOSED ACQUISITION OF STRAWBERRY FIELDS FOR ACTIVE
RECREATION UNDER THE OREEIqWAYS PROGRAM, TOWN OF SOUTHOLD
WHEREAS~ at its September 20, 2000 rue~ting, the Suffelk County Council on
Environmental Quality reviewed the EAF and associated information
submitted by the Suffolk County Department.of Parks, Recreation and
Conservation; and
WH£RIEA$. a presentation regarding the project was giveia at ~e meeting by Supervisor
Cochran of the Town of Southold; and
WHEREAS; the project involves the proposed partnership with the Town of Southold and
Suffolk County lo develop Ibis 37.3 acre site as a "Fair Oround" for
corrununity events during the year as.well as the construction of baseball and
soccer fields to be used when the "Fair Gtounl!" is noi in uso; now
Be R Therefore
RESOLVED, thai in the judgement of the CEQ, based on the information received and
presented, the above activity is an unlisted action under the provisions of
Title 6 NYCRR Pan 617 and Chapter 279 of the Suffolk County Code; and
Be 'It Further
RESOLVED. that. based on the information received, a quorum of the council recorumends
t.o the Suffolk County Executive and Legislat.u?e, pursuant to Chapter 279 of
the Suffolk County Code, that the project will not have a significant effect on
the environment for the following reasons;
The proposed action will not exceed anyiofthe criteria in Section
617.7(c) of Title 6 NyC. [~R which Sets forth thresholds for determir~ng
significant ~ffect on the ~nvj~ent;
N~ signific~t habita~ will be affected;
If the subject propeRy is not acqui~d foe p~k pu~oses, it
developed for residential ~d busings p~oses, which will result in
greater enviro~ental impac{ th~ the pm~$ed
5i~8544977 SCPARKS
:PAGE ].2
PKS-39-00
Page 2
4.
Any future active recreational facilitie~ that might bc proposed for thc
property and are not covered in the EAF for the current project, will
undergo the required SEQRA review prior to approval and consmsction;
'and that the Legislature and County Executive adopts SEQRA
determination of non-significance (negative declaration).
Motion by:Mr. Kaufman
SeConded by: Mr. Cramer
CEQ Vote: Appointed Members: 6
CAC Representatives: 0
Total .Voting: 6
Ayes: 6
Nays: 0 Presiding:
Abstentions: 0 Ms. Elkowitz
Further information may be obtained by contacting:
Council on Environmental Quality
P.O. Box 6100
Hauppauge, New York 11788
James F. Bagg, Chief Environmental Analyst
Tel: (516) 853-5203
cc: Honorable Robert J, Gaffney
Suffolk County Executive
Honorable J. Paul Tonna. Presiding Officer
All Suffolk County Legislators
Heru2,' L. Barton. Jr., Clerk of Legislature
Paul Sabatino, Anomey for the Legislature
Robert Cimino, Suffolk County Attorney
Peter Scully, Commissioner
SC Department of Parks, Recreation and Conservation
12:28
5i~8544977 SOPARKS PAGE
R m mm ~ S~WBER.~r~0Sr~RG.OU.OS 11-20-01
~ County Route 48; Mattituck
· ToWn of Southold
SOUTHOLD TOWN James A, Richter, RA
ENGINEERINGDEPARTMENT 1000 '113 '112 ' 15