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HomeMy WebLinkAboutMattituck Chamber of Commerce storage unit DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK *of SQ(/ry Box 1179 ���► 4�� Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 RECORDS MANAGEMENT www.southoldtownny.gov OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK . TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-365 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr., to execute an Indemnity Agreement between the Town of Southold and the Mattituck Chamber of Commerce for the purpose of allowing one storage unit, utilizing one parking space only,to be temporarily placed at the Love Lane Municipal Parking Lot and to be utilized for the Mattituck Chamber of Commerce's First Fridays on Love Lane equipment only, during the months of May through October. The Mattituck Chamber of Commerce is to coordinate with the DPW director for placement of the storage container, and they must label the unit as the owner, subject to the approval of the Town Attorney. 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 79 of 123 INDEMNITY AGREEMENT This;INDENINITY,AGREEIVIE'NT entered.into this l 9 day of: ��n26 between the Town of Sothold(Hereinafter"the Town"),:a municipal oorporatiori with ari address at 54375 Main Rd,Southold;.New York and The Iylattituck Chamber:of Commerce(hereinaffter"the Okiambef)wfiai a mailirngOddress of P:O BOX4056,Ivlattltuck,Neva York 11952, WHEREAS the Town is'the owner of a;parking lot located behind the commercial Businesses on.Love Lane;known as the Love Lane.:Municipal Parking Lot; WHEREAS,the Chamber wants to utilize the Love Lane Municipal Parking Lot for one storage unit,ocoupying one parkirigspaee only;to be temporarly'placed at the Love::Lane Municipal Parking Lot to'be utilized:for the Chan3ber':s First Fndays;on Love;Lane equipment only,:d.untng the months of May;2026.through October,2026;-and: WHEREAS;the .Chamber agrees:to.coordinate with the Southold Town Department of Public Works:director for plaeemerit of the storage container. and:. WHEREAS,the:Chamber agrees to:label the unit as the owner:of same; and WHEREAS, the T own hereby consents to such uw 6f the one:designated Town parking space for this stated purpose for:the,minimum time penod;necessary: in;exchange:for certain terms,.considerations and assurariees NOW THEREFORE; in consideratian of the.mutual covenants and conditions contained Herein,the Town;and the CliambPT;herebyAgree:as folloUvs 1. In lemnifieation The Chamber shall.. .ty.ele fen d..indemnify..and hold harmless°t e Town from any and,;all claims lawsuits;:dem au ands, eses.of action, liability; loss; damage .. . and/or.injury;:of any:kind whatsoever (including without limi#atan all claims:for.monetary loss;.property:damage,eq itable relief,personal iiiJury'and/or wrongful death),.whether; brought by an:ind :i ival or.other eniity,.or imposed by a court of law or by adrriinistratiue. action,of.any:federal, state::or local governmental body or:agencye:ar!sing,out of;.in any way whatsoever connected to,.any acts,.omissions;:negl genre or willf.il.rri sconduct on the part of the Chamber, their afficers,.owmr.s:per employmes agents contractors,invitees,or volunteers . This in demnifi!cation;:apples to and includes; without limitation,the payment of all penalties,fines;.judgments, awards;decrees, attorneys'fees, and related.costs or expenses. 2. Permit requirements:: The:Chamber.shall comply with all:conditions:imposed by the Southold Town Department of:Public.Works.and shall.not damage Town owned lands in:the course of utilizing the Love Lane:MunicYpal Parking Lot. l~urther,the Chamber shall remedy all disturbed.areas caused.by human-and machinery traffic traversing.the'Towr 'pareel. 3. Insuranee requirements: The Charnber:and all other entities shall procure:general liability and:worker's compensation insurance:naming the TOwn.of Southold as Certifcate. Holder and Additional Insured with minimum limits of One:Million($1;000 00©.OQ)dollars: 4. Authority to Enter Agreement::Each party warrants that the individuals who have signed.this:Agreement have the:actual legal power, right, and authority to make this Agreement and bind.each respective party.. 5: Amen.dment .; odification No supple merit, modification,:or anieridnient of this Agreekidnt.shall be binding bnless.executed in writing and signed by both parties. 6. Waiver. No waiver of any default shall.constitnte:awaiver of any 4therdefaultor breach:whether of the:same:or other covenant;or condition.No waiver,benefit,privi ege;or service voluntarily given..or performed by a party shall give:the other party any:sontraetual right by custom,estoppel, or otherwise. 7. Attorneys' Fees.and Casts If any legal action or other proceeding is brought.in connection with this Agreement,the successful:or prevailing party, if any, shall be entitled to recover.reasoriable attorneys'fees annd:other related costs, in;addition'to any other relief to .... which that party is entitled.;In the eventthat it is the subject of dispute,the court or trier of fact*h. .presides over:sueh legal action or proceeding is empowered to,determine which party.:if any,: s:the.prevailing:partyin accordance with this:provision. 8. Entire:Agreement: This Agreement eontains:ihe entire agreement between the parties related to.the-matters specified herein, and supersedes any prior oral or writtenstatements or agreerrients between-the.parties related to.such matters. 9, Enforceahility,:Severability, and.Refarnintion; If any provision of this Agreement shall beheld to be mvalid;orunenforeeable.for:any reason,the remammg provisions or portions thereof shall continue to be valid and enforceable: If a court finds that:any provision. of this Agreement is invalid or unenforceable; but:tliat by limiting such provision it would: . become valid:and.enforceable.,then sueh provision:shall be:;deemed to be written, construed, and enforced.as so limited.The-intent.of the parties is to provide as broad an indemnification as possible under New York lain. In the event that any aspect of this Agreement is deemed unenforceable,the court is:empouwered to modify-this Agreement:to give the broadest possible interpretation permitted under New York law.. 10:Applcable Law. This Agreement shall be gouemecl exclusively by the laws of the State of New fork,without regard to conflict of law provisions. I L Exclusive:Venue:and4urisdiction-.:Any:lawsuit:or`legal proceeding a sing:out of or relatug to tills Ageement:in.any=way whatsoever shall be exclusively brought and litigated in the Supreme Court of County of Suffolle or such lower Court in;the Gourity of:Suffolk that has jurisdiction over the.issue;litigated; Each party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each party, expressly waives4he.right to.challenge this jurisdiction and/or venueas.improper or inconvenient:.Each:party consents:to the dismissal of any lawsuit that they bring in any:.other jurisdiction;or venue. 12...Signatures;;.This Agreement shall be signed on behalf of Southold Town by its: Supervisor, Albert J. Krupski, Jr., and oil behalf of the.Chamber by:its authorized Member/Agent,and effective 8 of the date first written above; Town of Southold By.Albert J p.Ai,Jr. gFouthold own Supervisor The Matttuck:Ch& ber.o Commerce By: Kelk,