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Home My WebLink AboutSummer Showcase Concert Series DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK +of �y0`o:o Box 1179 Southold,New York 11971 Fax REGISTRAR OF VITAL (631)765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER * # 7 holdto0 RECORDS MANAGEMENT �G., �� www•soutoldtownny.gov OFFICER FREEDOM OF INFORMATION OFFICER �C011NT1. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-425 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 5,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute an Agreement between the Town of Southold and Summer Showcase Concert Series, Inc.for the organizing and hosting of the weekly concerts in Silversmith Park for the 2026 summer season on the following Wednesday evenings:July 1, 8, 15, 22, 29 and August 5, 12, 19, and 26 from 7:30 to 9:00 pm; for the total cost of$10,000.00, subject to the approval of the Town Attorney,funded from budget line A.7020 547620. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Councilwoman Suess SECONDER: Councilman Mealy AYES: Councilman Mealy,Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski,Jr. NAYES: None Page 63 of 115 A AGREEMENT THIS AGREEMENT,entered into this 10 day of May 2026,by and between the Town of Southold,New York("the Town"), a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold,New York, and Summer Showcase Concert Series of Southold, Inc.("Summer Series"), a not-for-profit corporation organized under the laws of the State of New York with a mailing address of P.O. Box 163, Southold,NY 11971; WITNESSETH, that the Town and Summer Series, for the consideration hereinafter named, agree as follows: WHEREAS, Summer Series has historically organized and held free weekly outdoor concerts during the summer months at Silversmith Corner, Southold,New York; and WHEREAS,the Town of Southold has historically granted permission to Summer Series to hold the aforementioned concert series at Silversmith Corner;and WHEREAS,the Town of Southold considers these events to be a benefit to the residents of the Town of Southold and,therefore,has historically contributed towards the cost of holding the concerts; and WHEREAS,both parties desire to see the summer weekly concert series continue in the Summer of 2026, NOW,THEREFORE, in consideration of the mutual covenants,terms,and conditions herein, the parties hereto agree as follows: 1. Summer Series agrees to organize and host a weekly summer concert series in Silversmith Corner, Southold,NY, on the following dates:July 1, 8, 15,22,29, and August 5, 12, 19, and 26 from 7:30 p.m.to 9:00 p.m. The Southold Recreation Center will be made available in the event of rain. The gazebo shall also be available for one to two musicians on Saturdays to promote the upcoming concerts. 2.The Town agrees to allow Summer Series to use Silversmith Corner, at no cost,to hold weekly concert events as described in paragraph"1"and agrees to provide access to commercial electrical service for the performers. 3.The Town agrees to contribute$10,000.00 to organize and hold the concert series. Payment shall be made to Summer Series upon execution of this Agreement and upon Summer Series filing a voucher in a form acceptable to the Town Comptroller and any other forms requested by the Town Comptroller. 4. The Summer Series shall be responsible for the full and correct performance of the work required by this Contract within the time specified herein, including the work of the Summer Series' Subcontractors, and any errors therein shall be corrected at the Summer Series' own cost and expense. In addition,the Summer Series shall indemnify the Town for any costs, fees, or expenses attributable to errors in performance by the Summer Series or the Summer Series' Subcontractors. 5. Summer Series agrees that the money paid by the Town to Summer Series will be solely for compensating those performers at the concert series events outlined in Paragraph"1" and that none of the funds provided by the Town shall be used for the salaries or other payments to,the officers or employees of the Summer Series,except for reimbursement of expenses incurred that are directly related to the concert series events covered by this Agreement. 6. It is hereby mutually covenanted and agreed that under the terms of this Agreement Summer Series' relationship to the Town shall be that of an independent contractor. 7. In accordance with the provisions of section 109 of the General Municipal Law, Summer Series is hereby prohibited from assigning,transferring, conveying,subletting,or otherwise disposing of this Agreement, or of its right,title,or interest in this Agreement,or its power to execute this Agreement,to any other person or corporation without the previous consent in writing of the Town. 8.Any and all notices and payments required hereunder shall be addressed as follows or to such other address as may hereafter be designated in writing by either party hereto: To Town: Denis Noncarrow Southold Town Clerk P.O. Box 1179 Southold,NY 11971-0959 With a copy to: Janet Douglass, Southold Recreation Center Town of Southold P.O. Box 267 Southold,NY 11971-0959 To Summer Series: Summer Showcase Concert Series of Southold, Inc. P.O. Box 163 Southold,New York 11971 9.The Supervisor has executed this Agreement pursuant to Resolution number 2026-425 adopted by the Town Board of the Town of Southold at a meeting thereof held on May 5,2026. Albert J. Krupski Jr.,the Supervisor,whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town.This instrument shall be executed in duplicate.At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk. 10.No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach.No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 11. This Agreement constitutes the complete understanding of the parties.No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 12. The laws of the State of New York shall govern this Agreement. IN WITNESS WHEREOF,the parties have caused these presents to be duly executed on the day and year first above written. Summer Showcase Concerti riSeries of Southold,Inc. By: Oa-'-� coa Darlene Fulda,President Town of Southold By: _ (' Albert J. I pski, Jr. STATE OF NEW YORK) COUNTY OF SUFFOLK) On this day of in the year 2026 before me,the undersigned, personally appeared Darlene Fulda, rsonally 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 she executed the same in her capacity and that by her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. . MICHELLE L TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 T06155671 Nosy Public Qualified in Suffolk County My Commission Expires 11-27-2028 STATE OF NEW YORK I ) ss.. COUNTY OF SUFFOLK) On this day of in the year 2026 before me,the undersigned, personally appeared ALBERT J. KRUP SKI, JR.,personally 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 whose behalf of which the individual acted, executed the instrument. Notary Public LAUREN M.STANDISH NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9,Z-4 te COVER SHEET FOR DOCUMENTS MAY 2 9 20M S E N T TO: OL,� Sent by: ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A BENJAMIN JOHNSON ASSISTANT T/A KAYLA GRIFFIN CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agreement : Nature of Contract/Agreement ('AnUAJl=l J v� P