HomeMy WebLinkAboutPike St Rear Parking Area LAW OFFICES
WICKHAM, BRESSLER& GEASA, P.C.
13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02)
MATTITUCK,LONG ISLAND
ERIC J.BRESSLER NEW YORK 11952
ABIGAIL A.WICKHAM 631-298-8353 m „"
JANET GEASA TELEFAX NO.631-298-8565
awickham@wbg1awyers.corn
January 5, 2018
Att: Hon. Scott Russell, Supervisor
Southold Town
53095 Main Road, PO Box 1179 psi°
Southold,NY 11971
Re: Pike Street Rear Parking Area, Mattituck,NY
Lease with North Fork Bank &Trust Co. (Capital One)
50 Pike St, Mattituck,NY (SCTM#1000-141-4-6.1)
Dear Scott:
This is to advise that title to the property at 50 Love Lane, Mattituck,NY was acquired from
Capital One, N.A. as successor to North Fork Bank& Trust Co. by Hard Corner Partners, LLC
on December 1, 2017. A copy of the assignment of lease is attached. This lease affects the
panking lat area-t&the s,-,utl and, v£theJc 'iiCrne -b mkI unflIdd'in . Fw your e, e't..c.--yy
of the lease is attached.
All rent payments should-be sent to, and 611 inquiries should-ie addressed to,Hard Corner
Partners, LLC, whose contact information is:
Mr. Charles V. Salice, Operating Manager
Hard Corner Partners, LLC
P.O. Box 1295 2315 Pine Tree Road
Cutchogue,New York 11935
323-333-3404
n me.com
We also will need a certificate of public liability insurance naming the new owner as
additional insured.
Please feel free to contact Mr. Salice directly regarding this matter.
Very truly yours,
IJ4, r:
Haig l . Wickham
AA NUdm
30/FHV/LL/LlrRearParkingArea
Cc: Town Clerk
Town Attorney
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE, dated as of
" , 20 t 7, is made by and between CAPITAL ONE, NATIONAL
ASSOCIATION, a national banking association ("Assi n.c "), and HARD CORNER
PARTNERS, LLC, having an office at 2315 Pine Tree Road, Cutchogue, NY 11935
("As igne
WITNESSETH.
WHEREAS, Assignor desires to assign to Assignee all of Assignor's right, title
and interest as lessor in, to and under that certain Lease dated April 12, 1982 between Assignor, as
landlord and successor-in-interest to North Fork Bank and Trust, Co., and The Town of Southold, a
municipal corporation, as tenant(as amended,the"Lease")
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency
of which are hereby acknowledged by Assignor,the parties hereto agree as follows:
1. Assignor hereby assigns, transfers, sets over and conveys to Assignee, its
successors and assigns all of Assignor's right, title and interest in, to and under the Lease, to
have and to hold the same unto Assignee, its successors and assigns, from and after the date
hereof, for the rest and remainder of the term and renewal terms, if any, thereof.
2. Assignee hereby assumes the Lease and Assignor's obligations thereunder "
to the extent accruing from and after the date hereof.
3. This Assignment and Assumption of Lease may be executed in any
number of counterparts, which together shall constitute one single agreement of the parties
hereto.
[SIGNATURE PAGE FOLLOWS]
[Capital One/Mattituck,NY/Assignment of Lease]
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment
and Assumption of Lease to be executed as of the day and year first above written.
ASSIGNOR:
CAPITAL ONE, NATIONAL ASSOCIATION,
a national banking association
By:
Name:
*�4 k4;�I'
Title: L
[signatures continue on following page]
[Capital One/Mattituck,NY/Assignment of Lease]
C
ASSIGNEE:
HARD CORNER PARTNERS,LLC,
a New York limited liability company
By: FHV,LLC, its a
By:
Name: C'
Title:
[Capita] One/Mattituck,NY/Assignment of Lease]
-r, 5
f • t 9
C
Ly
LEASE
LEASE AGREEMENT
AGREEMENT made this/;dA day of April, 1982,
"
berwrer, NORTH FORK BANK & TRUST CO. , a New York banking
a corporation with principal place of business at 245 Love '
�'.• Lane, MatLituck, New York 11952. and The Town of Southold,
r '
a municipal corporation with office and principal place of
+, business at 53095 Main Road, Southold, New York 11971.
1. Lease: The Bank leases to the Town for a public ` ,,j
t
parking facility that parcel of real property at Mattituck, -
Town of Southold, Suffolk County, New York, described as
follows:
bounded North by Pike Street, West by
Westphalia Avenue, South by the Protestant
Episcopal Church and The Town of Southold,
Eas= by Langer and the extension southerly of
such line.
di 2. Term: The Lease shall commence April 13, 1982,
and run for a period of ten (10) years. Thereafter, the
the lease shall be automatically extended year to year
1 i
unless either party delivers written notice of cancellation
sixty (60) days prior to the termination of the then current
term.
3. Rent: The Town shall pay to the Bank the sum
of $1-00 per year in advance for each year of the lease.
4. Improvements: Tine Town shall, at its oiin coast F�
and expense, improve the leased premises in substantially
the design indicated on "Preliminary sketch - Mattituck
y
Parking Area" prej-.red by Young s Young, Land Surveyors,
N
ed vn b Mid
w'rL
dated Januar} �96�, Rev 1, February 6, 1962, except that
9
the driveway across the southern-most portion of the leased
premises shall be one-way only toward Love Lane. Adequate
pavir.z and dra-inane shall be installed by the Tow:. Such 4
improvements are to be completed within one (1) }car from
the date of this Agreement. The improvements shall progress
V to afford uninterrupted and unobstructed access to the
's drive-in facilities from Pike Street. The portion of
Bank �
1 the premises denoted on the sketch as "4 cars - Bank employees
only"
shall be reserved for bank employee parking only. At
the expiration of the Lease term or any extension or renewal
therec.f , all improvements shall become the property of the g,
'um
Banx aria the -Toon, s-h-al .n.4.-t be eztitled to any compensation
therefor, except as set forth herein.
5. Easement Agreement: The parties are executing
an easement agreement simultaneous)y herewith. The obligations, ,
of the Town contained therein are incorporated by reference
herein. The improvements on the leased parcel and the
parcel to be acquired by the Town as described in the Easement ry
Agreement shall be made such that the ingress and egress �
n u
over the leased parcel shall meet and correspond with the „a
westerly aisle and the Bank's right-of-way over the parcel 1
a
to be acquired.
6. Reservation of Access: North Fork Bank &
Trust Co. hereby reserves the right to ingress and egress
over the leased parcel from Pike Street to its property,
q �u
i r
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Luch access to be (a) over a 24' aisle substantially us
shown on the sketch from Pike Street to land of the Town and
(b) from the easterly end of the right of way described in Vry
5c;,edule C of. the Easement Agreement over the southerly
portioi, of the leased premises to land of the Bank, substantial y
'A
as shown on the sketch, the ]atter to be reserved exclusively
for the use of the Bank.
g 7. Bank Contribution.: The Bank shall contribute ��n«
the sum of $10,000.00 toward the improvements required to be
b
made. The Town shall be solely responsible for maintenonce '��"
and repair.
8. Parking: Bank employees shall have the free and 1
unrestricted right to park in the town parking tots. ccv: red`
by this term and the town lot to be terminated to the south°`
of the bank during Bank business hours, during the term of
this lease or any renewal or extension thereof.
r9
9. Easement on Termination of Lease: Upon the a
1
termination of this Lease or any extension or renewals thereof,
the Bank shall grant to the Town a non-exclusive 24' easement "')
for ingress and egress over the leased premises from the
a
northerly end of the westerly aisle of -the Town's parking
area on the parcel to be acquired by the Town to the south
of the leased remises to either Westphalia Avenue or Pike
P P
Street, such location to be solely within the discretion of::
^IY�
the Bank. This provision shall survive the termination of the
Lease and be forever binding on the parties.
i
10. Pike Street Parkins Lot: It is understood that
the Barak intends to convert the former Levine Building on
a r'Pike Street to office space. In the event additional off-
street parking is required by the Planning Board in connection
with its site plan approval, the Town agrees o release and
terminate its lease of the parking area bounded North by
Long Island Railroad, East by Love Lane, South by Pike
Street and best by Westphalia Avenue upon 30daYs prior
written request of the Bank_
W
11. Use of premises, Assignment Miscellaneous:
duringt° a tete , and eXes� 1055 or rr newa s ereof
The Town shall at all times maintain the premises as a
public parking facility. The Lease may not be assigned or
sublet without the written p_ mission of the Bank. This "
Agreement may be modified only by a signed writing and shall
be construed in accordance with the laws of New York. This
agreement shall be binding upon the parties, their successors; -n
1
and assigns.
,l
IN WITNESS WHEREOF, the parties have-executed
r f
Agreement this 9XM day of April, 1982.
THE NORTH FORK BANK & TRUST CO
AS
THE TOWN .--OF SOU:^.HOLD
r;
By: �„" "Er
STATE OF NEW YORK) + ';+ r
COUNTY OF SUFFOLK) ,
On the'/Ath day of April, 1982, before me personally:
appeared � ,v AVAM kA,1V; to me known
P P �/ N
-9-
. �V
who, being duly sworn, did depose and Msay that he resides at
b that he is t: e ,a � of The North Fork Bank & Trust
Co. , one of the Corporations described in and which executed
the foregoing instrument; that he knows the seal of said
Corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by order of the Board
of Directors of said corporation, and that he signed his ,
name thereto by like order+otary
Public
1
STATE OF NEW YORK)
camudadogi 801M Math M IDP
ss. :
COUNTY OF SUFFOLK) `':,i
i3
on the /oth day of April, 1982, before me personally
came , /, ,rn , ' " , to me known, who, '
being by ;sae duly sworn.., did depose and say that he resides 3
atl, r eev / of the
that he is the Sv?cRV.scaA
Town of Southold, one of the corporations described in and
which executed the foregoing in that fie -knovs the 4
seal of said corporation; that the seal afi°fixed to said
instrument is such corporate seal; that it e►as :. so affixed by
order of the Board of Directors of said corporation, and that
he signed his name thereto by like order. ;A
No ary Public
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