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HomeMy WebLinkAboutTennis Courts FI RESOLUTION 2018-374 '+ ADOPTED DOC ID: 14036 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-374 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24,2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and the Fishers Island School District in connection with lease of the tennis courts for a five (5) year term commencing on June 1, 2018 and ending on May 31, 2023 at a cost of$1.00 per year with three(3) successive automatic five(5)-year renewals, subject to the filing with the Town Clerk of a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, and further subject to the approval of the Town Attorney. tet'. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell x` RECEIVED 0 AUG - 2018 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: Elizabeth Neville, Town Clerk From: Mary Silleck Date: August 1, 2018 Subject: Lease Agreement between Town of Southold and Fishers Island School District Tennis and Basketball Courts 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: Accounting ° LEASE AGREEMENT THIS AGREEMENT, made this 1s'day of June, 2018, between FISHERS ISLAND SCHOOL DISTRICT, UFSD#4, having its office and principal place of business at 78 Greenwood Road#600, Fishers Island, New York, hereinafter "Landlord" and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, hereinafter"Tenant". WITNESSETH: WHEREAS, in consideration of the promises set forth herein, the parties mutually agree as follows: 1. (a) Term. The term of this Lease shall be for five (5)years commencing on June 1, 2018 and ending on May 31, 2023. (b) Automatic Renewal. This Agreement shall automatically renew for three(3)additional successive five(5)year terms. Either party shall have the right to terminate the automatic renewal by providing written notice to the other party at least one hundred (180)days prior to the expiration of a term or renewal term. 2. Premises. The premises that are the subject of this Lease Agreement are described as follows: Two tennis courts situated on the public school grounds on Fishers Island, New York Two basketball courts situated on the oublic school rounds on Fishers Island, New York 3. Rent. The yearly rent is $1.00. The Tenant will pay this yearly rent to the Landlord, as follows: in its entirety upon the execution of this Lease Agreement. 4. Agreement to Lease and Pay Rent. Landlord leases the premises to Tenant for the term specified herein. The Tenant agrees to pay the Rent and other charges as required in the Lease to the Landlord. The Tenant agrees to do everything required of it in the Lease. 5. End of the Term. The Tenant agrees that at the end of the Term or Renewal Term, it will surrender the premises in as good condition as now, except for ordinary wear and damage by the elements. 6. Successors. Unless otherwise stated, the Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. 7. Changes. This Lease can be changed only by an agreement in writing signed by the parties to the Lease. 8. Quiet Enjoyment. Landlord agrees that if the Tenant pays the rent and is not in default under this Lease, the Tenant may peaceably and quietly have, hold and enjoy the premises for the term of this Lease. 9. The Landlord covenants and agrees to procure and maintain during the term hereof an insurance policy naming Tenant as an additional insured in the amount of not less than $1 million dollars for person and $500,000 for property. Landlord will provide a Certificate of Insurance at the beginning of each three year term of this Agreement. 2 10. Tenant shall provide nets and striping for Courts and shall maintain same. Landlord will provide day-to-day general maintenance including sweeping, removal of debris and maintenance of nets. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. FISHERS ISLAND SCHOOL DISTRICT UFSD #4 By: V 1-41V Title: TOWN OF S UTHOLD By: Scott A. Russell, Supervisor 3 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this Zr day of .a, , in the year 2018, before me personally appear rknown 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 be/she executed the same in ,.ii /her capacity and that by bis/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary blical,)n,;,2-zz STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On thisl i- day of , in the year 2018, 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. (CQrwhc/l Notary Public LAUREN M.STANDISH Notary Public,State of New York No.01 ST6164008 Oualified in Suffolk county Commission Expires April 9,2019 4