Documents

resolution 4 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: BOT Minutes 12.18.17 December 13th%2C 2017 Memo from Village Engineer Dan... November 27th Resolution 244-2023 8 OPRS Agreement

LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into this 1 5th day of March, 2023 by and between the Village of Croton-on-Hudson, a municipal corporation organized and existing under the laws of the State of New York (hereinafter “Village” or ““Licensor’’), and Fratelli’s Trattoria, Inc., owners of the business located 8 Old Post Road South, Croton-on-Hudson, New York, in one of the tenant spaces on 122 Grand, Croton-on-Hudson, New York Street otherwise known as tax lot 78.08-7-4 on the tax map of the Village of Croton-on-Hudson (hereinafter “Licensee” and “Licensee’s Business Location” respectively). A copy of the site plan of the proposed improvements at Licensee’s Business Location is annexed hereto as Exhibit A. For and in consideration of the mutual promises herein contained, the parties agree as follows: Section 1: Grant of License; Description of Premises Licensor hereby grants to Licensee a license to occupy and use the License Area shown on Exhibit “A” consisting of approximately 230 square feet, subject to all of the terms and conditions hereof, for a portion of a proposed sunroom and other improvements described below. Section 2: Transferability This license is only transferrable by written approval of the Licensor. Section 3: Limitation to Described Purpose The Licensed Area may be occupied and used by Licensee solely and exclusively for the purpose of constructing, maintaining and occupying a portion of a proposed sunroom addition and maintaining and occupying portions of the existing deck, retaining wall and other improvements (hereinafter “Improvements” respectively) associated with and used by the restaurant business located at 8 Old Post Road South. All maintenance of the Premises shall be the obligation of the Licensee. Section 4: Duration and Termination This license shall commence on March 15, 2023 and shall be granted for a term of five (5) years. The licensee shall be renewable by the Village thereafter on an annual basis or for such other term as may be agreed to, provided however that if Licensee shall at any time cease to occupy the Licensee’s Business Location, this License shall be deemed terminated and Licensee shall be responsible to remove the Improvements and restore the Licensed Area. Licensor may cancel this License Agreement upon thirty (90) days written notice to Licensees should Licensor need to use the Subject Property for any purpose. Should Licensor exercise this right of termination, Licensees shall remove Licensees’ improvements from the License Area, solely at their own cost and expense, and restore the License Area as closely as possible to the previous condition within 30 days of receipt of Village’s written notice herein. Licensees may cancel this License Agreement solely at their own cost and expense, restoring the Licensed Area to the previous condition, and thereafter providing Village written notification that they have cancelled the License Agreement. Section 5: Access Licensor retains the right to access any portion of the Licensed Area for any governmental purpose upon one (1) day written notice to Licensees, except that Licensor shall have the right to immediately access said portion of the Licensed Area in the event of an emergency. Section 6: Indemnification/Hold Harmless In exchange for the granting of this License Agreement, the Licensee, tts successors, heirs and assigns hereby agree to release, defend, indemnify and hold harmless the Village, and its officials, officers, agents, and employees harmless from and against all damage, liability and claims of any nature whatsoever, including reasonable attorney fees, legal defense costs as well as settlements, judgments, fines and penalties of any nature whatsoever, and liability, arising out of or in connection with this agreement and/or all losses, claims, actions and damages suffered by any person or entity by reason of or resulting from the existence or use of the Improvements within the Licensed Area and any negligent, reckless, or intentional act or omission of the Licensees, their agents, assigns, heirs, employees, invites, contractors, and any of their sub-contractors in connection with use of the Licensed Area. Further, it is expressly understood that such indemnity of the Licensor shall not be limited by reason of enumeration of any insurance coverage provided. Section 7: Written Agreement as Entire Understanding of Parties This License Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. Any amendment to this License Agreement shall be done in writing and executed by the parties. Section 8: Delivery of Notices Any notice mailed or delivered to Licensee at the Licensee’s business location shall be adequate notice to Licensee hereunder. Any notice mailed or delivered to Village c/o Village Manager’s Office, 1 Van Wyck Street, Croton-on-Hudson New York 10520, or any new address for the Village Manager’s Office should the current address change, shall be adequate notice to Licensor hereunder. Section 9: No Warranty Village does not warrant title to the Licensed Area nor does Village make any representations that the Licensed Area or any existing improvements in the Licensed Area are satisfactory for the uses by Licensees herein. Section 10:_ Accommodation The permission granted to Licensees under this License Agreement is given by Licensor to Licensees as an accommodation. Further, Licensees hereby acknowledge Village’s rights to the Licensed Area, and agree to never assail, resist, or deny such rights by virtue of Licensees’ occupancy or use of the Licensed Area under this License Agreement. Section 11: Effective Date This License Agreement shall become effective upon full execution by both parties (“Effective Date”). Section 12: Insurance Coverage The Licensee shal! furnish to Village of Croton-on-Hudson Certificates of Insurance as evidence of coverage prior to the Effective Date and naming Village of Croton-on-Hudson as an Additional Insured by endorsement for all insurances specified on Exhibit “B”. The Licensee acknowledges that failure to obtain such insurance on behalf of the Village of Croton-on-Hudson Constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Village of Croton-on-Hudson. The failure of the Village of Croton-on-Hudson to object to the contents of the certificate or absence of same shall not be deemed a waiver of any and all rights held by the Village of Croton-on-Hudson. All certificates of insurance shall provide that thirty (30) days written notice prior to cancellation or expiration be given to the Village of Croton-on-Hudson. Policies that lapse and/or expire during term of the License Agreement shall be recertified and received by the Village of Croton-on-Hudson no less than thirty (30) days prior to expiration or cancellation. The cost of furnishing all insurance coverages shall be borne by the Licensee. All carriers listed in the certificates of insurance shall be A.M. Best Rated A VII or better and be licensed in the State of New York. Section 13: Fee The licensees shall pay to the Village the annual sum of $25.00. Payment shall be made at the beginning of the applicable period. If less than a full year is utilized, the full price will still be due and payable for that portion of a year. IN WITNESS WHEREOF, the undersigned have caused this License Agreement to be executed as of the Effective Date. For the Licensor For the Licensees Village of Croton-on-Hudson, New York Fratelli’s Trattoria, Inc. —. Bryan Healy - —— on : Village Manager Partner Dated: ———s—s—“‘—sS Dated: } | \ZeZ S STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) Onthe _day of November in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared Bryan Healy personally known to me or proved to me on the basis of satisfactory evidence to be the individual and Village Manager whose name is subscribed to the within instrument and acknowledged to me that she 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. STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) On the _/ 7 day of November in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared Gani Neziraj, personally known to me or proved to me on the basis of satisfactory evidence to be the individual and Partner in Fratelli’s Trattoria, Inc. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Xotary Ae 2 Pauline DiSanto Notary Public, State of New York No, 01DI6117766 Qualified in Westchester County 4 Commission Expires November 1, aay