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HomeMy WebLinkAboutFishers Island Waste Management District RESOLUTION 2016-821 ADOPTED DOC ID: 12244 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-821 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 6,2016: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the renewal of a Lease Agreement between the Town of Southold, as Landlord, the Fishers Island Ferry District, as Managing Agent, and the Fishers Island Waste Management District, as Tenant, for the purpose of maintaining a Solid Waste Transfer Station, for a two year term, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into as of thec,2'41,1'day of 2016, among the TOWN OF SOUTHOLD, having its offices at 53095 Main Road, Southold, New York 11971-0959 (hereinafter referred to as-"Landlord"), FISHERS ISLAND FERRY DISTRICT, a District created under the laws of the State of New York;having its principal place of business at Fishers Island, Town of Southold, Suffolk County, New York (hereinafter referred to as "Managing Agent"), and the FISHERS ISLAND WASTE MANAGEMENT DISTRICT, a District of the County of Suffolk, having its offices at Fishers Island, Town of Southold, Suffolk County, New York(hereinafter referred to as "Tenant"). WITNESSETH: The Landlord hereby leases to the Tenant.the following premises: A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bound and described as follows: Beginning at a monument at the most westerly corner of this described tract, said monument being located 125.72 feet south of a point which is 3,671.24 feet west of a monument marking the United'States Coast and Geodetic Survey Triangulation Station"PROS" and running thence north 79 degrees 28 minutes 04 seconds East 275.00 feet to a point; thence south 71 degrees 46 minutes and 55 seconds past 154.9 feet to,a,point; thence south'06 degrees 07 minutes and 04 seconds West 202.50 feet to a-point; thence north 83 degrees 52 minutes 56 seconds West 133.00 feet to an iron pin; thence north 54 degrees 52 minutes 54 seconds West 322.00 feet to a monument at the point or place of beginning. Containing 1.44 acres, more or less. Together with right of way for all purposes over a strip of land 25.00 feet in width, running from Whistler Avenue to the above-described tract, the center line of which is described as follows: Beginning,at a spike set at the edge of the pavement on Whistler Avenue, ,,-said spike being located 347.63 feet north of a point which is 4,112.04 feet , West of the monument marking the United States Coast and Geodetic Survey Triangulation Station"PROS" and running thence south 12 degrees 24 minutes 08 seconds East about 42 feet to a drill hole; thence south 13 degrees 59 minutes and 05 seconds West 204.15 feet to a drill , hole; thence south 22 degrees 51 minutes 16 seconds East 369.27 feet to aniron pin; thence 79 degrees 31 minutes 20 seconds East 3 93.3 4 feet to an iron pin on the line above description. 4- r >, r The term of said Lease shall be two (2)years to commence from the Pt day of January, 2016 to be used and occupied by Tenant for purposes of establishing and maintaining a Solid Waste Transfer Station, subject to the following commitments: 1. The Tenant shall pay the annual rent of One Dollar ($1.00), receipt of which is hereby acknowledged. 2. The Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense, make all repairs and at the end or other expiration of the term, shall deliver up the demised premises in good order or condition, damages by the elements expected. 3. The Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and to any and all of their Departments and Bureaus applicable to said premises, for correction, prevention, and abatement of nuisances or other grievances, upon, or connected with said premises during said term. 4. The Tenant shall not assign this Lease Agreement or sub-lease the premises, or any part thereof, or make any alterations on the premises without the Landlord's consent in writing; or occupy or permit or suffer the same to be occupied in any hazardous condition, under penalty of damages and forfeiture, and in the event of a breach thereof, the terms herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 5. This instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed against said premises and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien in this Lease, irrespective of the date of recording and the Tenant agrees to execute any such instrument without cost, which may be deemed necessary or desirable to further effect the subordination of this Lease to any such mortgage or mortgages. A refusal to execute such instrument shall entitle the Landlord, or the Landlord's assigns and legal representatives to the option of cancelling this Lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 6. It is expressly understood that in the case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if,-without the consent of the Landlord, the Tenant shall sell, assign, or mortgage the covenants and agreements in this Lease contained on the part'of the,Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, regulations and requirements of the Federal, State and Local Governments or of any and all of their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this Lease and the term hereof, on giving the Tenant five (5) days' notice in writing of the Landlord's intentions not to do, and this Lease and the term hereof shall expire and come to an end on the date fixed in such 2 notice as if the said date were the,date originally fixed in this Lease for the expiration hereof. Such notice may be given by mail to the Tenant. 7. The failure of the Landlord to insist upon a strict performance of any terms, conditions and covenants herein, shall not be deemed a•waiver of any rights or remedies that the Landlord may have, and shall not be deemed,a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 8. If,the whole or,any part of the demised premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said Lease. No part of any award shall belong to the Tenant., -9. If after default of payment or rent or violation of any other provisions of this Lease, or upon the expiration of this Lease, the Tenant vacates or is dispossessed and fails to remove property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order of execution of the warrant, then and in that event, said property-shall be deemed abandoned by the said Tenant and shall become the-property of the Landlord. 10. It is understood and agreed by all parties hereto that said Lease is subject to the following conditions,,to wit: a. That any buildings or other permanent structures erected or placed upon the premises by the Tenant,shall be done,so at the Tenant's,expense.. b. That the Tenant shall ensure that all permits required for operation of a Solid Waste Transfer Station are obtained and that said permits shall be maintained in a constant status during the term of this Lease and all extensions thereof. c. That the Tenant shall procure and keep in force during the term hereof, and any renewals and extensions hereof, public liability insurance policies in the amount of not less than $1,000,000 with respect to bodily injury to any one person and $2,000,000 with respect to bodily injury in any one incident and $1,000,000 with respect to property damage. Said policies shall name the Landlord, the Tenant, and the Town of Southold as named insureds. A certificate of such,insurance shall be filed with the Landlord. d. That this Lease shall not become effective until the same is approved by the Town Board of the-Town,of Southold. e. That this Lease may be terminated by either party upon thirty(30) days written notice to the other party on showing proper cause. f. That the term of this Lease shall be automatically extended for successive one year terms, upon same terms,and conditions herein provided, unless either party hereto gives written notice to the other party not less than sixty(60) days prior to the expiration of the then existing term that the term of this Lease shall not be extended. 3 7 g. That the Tenant shall, at its own expense, maintain the roadways along the right of way described above. h. That no facilities shall be placed upon the leased premises until the specific layout of such facilities have been approved in writing by the Landlord and by the Federal Aviation Administration. i. That the Landlord does hereby expressly,reserve and retain the right to prevent the use of the leased premises for purposes which will create or result' in a hazard to flight, such as, but not limited to, purposes which will (1) produce electrical interference with radio communications, (2) make it difficult for pilots to distinguish between airport lights and other lights, (3) project glare in the eyes of the pilots, (4) impair visibility in the vicinity of the Fishers Island Airport, or (5) otherwise endanger the landing, take-off and maneuvering of aircraft. j. That the Landlord does hereby reserve and retain'the right for the unobstructed passage of all aircraft in the airspace above the leased premises together with the right to cause in said airspace such noise and other effects as may be inherent in the operation of aircraft, now known, or hereafter used for navigation or flight in air. k. That this Lease shall automatically terminate and be subject to renegotiation should operation of the Solid Waste Transfer Station be conveyed to a successor authority for any reason. The said Landlord doth covenant that the said Tenant on paying said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid provided, however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within Lease Agreement shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. Town of Southold By: E� Scott A. Russell, Su ervisor Fishers Island Ferry District By: Print Name /` 4 / l Fishers island Waste Management District By: Ah 1) v 3�nb, 0,6,a6a� Print Name 5 RECEIVED OCT z 7 2016 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: October 26, 2016 Subject: Lease Agreement between the Town of Southold, Fishers Island Ferry District and Fishers Island Waste Management District With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: John Cushman, Comptroller