HomeMy WebLinkAboutSalt Air Farm Maintenance SALT AIR FARM MAINTENANCE AGREEMENT
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THIS Agreement, made this Z8 day of , by and between
Wickham Holdings LLC, with an address at 3234 New Suffolk Road, Cutchogue, New
York 11935, (hereinafter "Owner"), and the Town of Southold, whose principal office is
located at 53095 Main Road, Southold, New York (hereinafter the "Town").
WHEREAS, Owner is the owner of certain parcels of waterfront farmland located
in the hamlet of Cutchogue, Town of Southold, Suffolk County, New York, identified as
SCTM #1000-109-5-23.2, 1000-109-5-23.3, and 1000-110-8-2 (hereinafter the
"Property"), which are protected by an earthen dike/berm which sustained substantial
damage as a result of Super Storm Sandy in October, 2012; and
WHEREAS, The Town is the sponsor of a Project funded by the Federal
Government through its Natural Resources Conservation Service (hereinafter "NRCS")
and the State of New York through the Governor's Office for Storm Recovery to
rehabilitate the damaged earthen dike/berm on Owner's Property for the future
protection of agricultural operations (hereinafter the "Project"); and
WHEREAS, the Town has procured a contract with Steven Mezynieksi, Inc.
(hereinafter "Contractor") to rebuild, restore and/or rehabilitate the dike/berm along the
perimeter of Owner's Property at no cost to the Owner; and
WHEREAS, upon completing the Project, the Town is responsible for developing
and implementing an Operation and Maintenance Plan and Manual (hereinafter the
"Plan") for the repaired dike; and
WHEREAS, the Town prepared said Plan; and
WHEREAS, pursuant to the Plan, the Owner has agreed to assume all
obligations and responsibilities for the operation and maintenance of the dike/berm;
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration paid, the receipt of which is hereby acknowledged, and for
the mutual benefits to be received by the Owner, its agents, successors and assigns
and the Town from the successful implementation of the Project, Owner hereby agrees
as follows:
1. At Owner's sole cost and expense, Owner, its agents, successors and
assigns hereby agree to operate and maintain the repaired sections of the
dike/berm in accordance with the terms of the Plan attached hereto as Exhibit
"A." This agreement is in place until 2024 or any point before that time where
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both parties agree the plan is no longer necessary. Any deviations from, or
problems complying with, this maintenance Plan must be discussed with
NRCS. The Owner, its agents, successors and assigns will provide access to
the Property as needed, pursuant to the terms of the Plan, by NRCS and the
Town in order to verify compliance.
2. Owner, its agents, successors, assigns, employees, and contractors hereby
agree to indemnify, defend and hold harmless the Town, its agents, servants
and employees, from and against all suits, claims, demand or actions for any
injury to person or property sustained or alleged to be sustained by any party
or parties or any and all other claims or causes of action whatsoever arising
out of the Owner's performance of its obligations under the Plan.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
Wickham Holdings LLC
By:
Prudence Heston, Managing Member
TOWN OF S UTHOLD
By: On40
Scott X Russell, Supervisor
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RECEIVED
VOV 2 9 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: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: November 29, 2018
Subject: Town of Southold and Wickham Holdings, LLC
Salt Farm Maintenance Agreement
With respect to the above-referenced matter, I am enclosing the original
Agreement regarding the above matter.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures