Copy of Proposed Bay Park "Lease"
We have been asked by a blog reader to publish the proposed agreement between Nasau County & Molloy College, so here it is, sans the 12 monthly schedules of Molloy's exclusive use of the fields. Suffice it to say they have the park for their use for all NCAA games and as many practices as they care to schedule.
Here is the document:
COUNTY OF NASSAU
PERMIT FOR USE AND OCCUPATION OF COUNTY OWNED PROPERTY
PERMIT AGREEMENT (this “Permit” or “Agreement”) made and entered as of the date (the “Effective Date”) on which this Agreement is last executed by the parties hereto by and between MOLLOY COLLEGE (“Permittee”), with offices at 1000 Hempstead Avenue, Rockville Centre, New York 11023 and the COUNTY OF NASSAU (the “County”), a municipal corporation of the State of New York having its principal office at 1550 Franklin Avenue, Mineola, New York 11501, acting on behalf of the County Department of Parks, Recreation and Museums, (the “Department” or “Parks”), having its principal office at Administration Building, Eisenhower Park, East Meadow, New York 11554.
WHEREAS, Permittee has applied to the County for permission to use and occupy certain land and athletic facilities at Bay Park in East Rockaway, which land and athletic facilities are shown as the area outlined in red on the concept plans attached hereto and hereby made a part hereof as Schedule “A” and are referred to hereinafter as the “Premises”, for the purpose of playing NCAA softball, baseball, field hockey and tennis games and matches, and practicing for such competitions as well as practicing for NCAA field hockey;
WHEREAS, in connection with such use, Permittee is desirous of entering into a partnership with the County to improve and enhance the athletic fields and facilities at the Premises;
WHEREAS, the County is desirous of entering into partnerships with private corporations and other organizations to assist the County in fulfilling its mission of improving parks facilities for the use and enjoyment of all of the citizens of the County;
WHEREAS, the use and occupancy of the Premises, according to the limitations and restrictions described herein, and agreed to by Permittee, will not interfere with the use of the Premises and facilities by the public or by the agents, servants and/or employees of the County; and,
WHEREAS, Permittee is willing to abide by and carry out the conditions and regulations of this Permit which shall not be considered a lease, but merely a license, revocable on notice.
NOW, THEREFORE, in consideration of the covenants and restrictions and demands contained herein and the fee to be paid by Permittee to the County, Permittee shall have the right to use and occupy the Premises as detailed herein, pursuant to the conditions and regulations, whether general or special, which are hereinafter set forth; to wit:
CONDITIONS AND REGULATIONS
1. TERM. (a) The preliminary term of this Permit shall commence upon the Effective Date. During the preliminary period, the parties will work cooperatively in furtherance of the Project (as defined in Paragraph 3 below). The preliminary term shall terminate, and the term (the “Term”) shall commence, on the date (the “Term Commencement Date”) that is the earlier of: (i) the date on which the County has “Substantially Completed” the Project; or (ii) eighteen (18) months from the Effective Date, unless sooner terminated by revocation or as otherwise provided herein or extended upon the mutual agreement of the parties. The term “Substantially Completed” shall mean where all of the following have occurred with respect to the Project: (a) the only work items remaining to be completed are punchlist items and (b) the County has given Permittee notice that work items have been completed (except for punchlist items). Notwithstanding anything to the contrary contained herein, if Permittee takes occupancy (for the purposes set forth in Paragraph 2 below) of any portion of the Premises prior to the date that the Project has been Substantially Completed, then notwithstanding the fact that the Project has not yet been Substantially Completed, the Term Commencement Date shall be deemed to be the first date of such occupancy by Permitee. The Term of this lease shall expire on the twentieth (20th) anniversary of the Term Commencement Date (hereinafter the “Agreement Expiration Date”), subject to sooner termination by revocation as provided herein.
(b) Extension. Permittee shall have the option to extend the Term for an additional ten (10) years (the “Extension”), provided that, Permittee delivers written notice of its exercise of the extension option to the County at least one twelve (12) months prior to the Agreement Expiration Date, and, at such time as Permittee delivers its notice of election to extend the Term: (i) this Agreement is in full force and effect, (ii) Permittee is not in default of any of the terms, covenants or conditions of the Agreement after expiration of applicable notice and cure provisions as set forth in this Agreement, and (iii) Permittee is in possession of the Premises (subject to all sublicenses and third-party occupancy rights permitted pursuant to this Agreement). If Permittee shall validly exercise its extension option, the Agreement so extended shall be on the same terms, conditions and covenants as during the initial Term, except that Permittee shall have no further right to extend or renew the Term following the expiration of the extended Term and the Agreement Expiration Date shall be modified to be the thirtieth (30th) anniversary of the Term Commencement Date.
2. USE. (a) The County does hereby grant to Permittee the permission to use and occupy the Premises, subject to and in accordance with the provisions set forth in this Permit.
(b) The Premises shall be used by Permittee upon completion of the Project (as defined in Paragraph 3 below) solely for the following purposes: (i) playing NCAA softball and baseball games; (ii) playing NCAA tennis matches; (iii) practicing for such NCAA games and matches; and (iv) playing and practicing for NCAA field hockey matches, in the case of (i) through (iv), during the college spring and fall seasons more particularly set forth in the next sentence. The Baseball and Softball Championship Season is generally from January 10th through May 25th; the Baseball and Softball Non-Championship Season is generally from September 1st through November 1st; the Tennis Season is generally from August 10th through December 1st; and the Field Hockey Season is generally from August 10th through December 1st., the Non-Championship Field Hockey Season which is generally from February 15th through April 30th and the Non-Championship Tennis Season which is generally from February 15th through April 30th. The dates and hours of use for the permitted events during the 2011 calendar year will be substantially similar to those dates and hours that are more particularly set forth in the schedules attached hereto and made a part hereof as Schedule “B.” The dates and hours of use for permitted events for calendar year 2012 and each succeeding year thereafter will be set forth in schedules to be submitted annually by Permittee’s Director of Athletics to the Department’s Superintendent of Bay Park for Parks’ approval, not to be unreasonably withheld or delayed provided that the annual schedule submissions are substantially similar to Schedule “B.” Each schedule is to be submitted by Permittee at least two (2) months before the start of the college season for each sport. While Permittee will be given a priority use of the Premises during the college spring and fall seasons, Permittee will work cooperatively with the County and endeavor to coordinate use of the fields in such a manner as to minimize interference with the use of the Premises by the public or by the agents, servants and/or employees of the County. The County shall retain and control use of the Premises at all other times.
3. IMPROVEMENTS TO ATHLETIC FACILITIES. (a) The Project. Promptly following the Effective Date, and prior to Permittee’s use of the Premises for the purposes set forth in Paragraph 2 above, Permittee and the County shall work cooperatively and undertake a joint project to improve and enhance the athletic fields and facilities at the Premises (the “Project”). The Project shall include work (the “Work”) consisting of the following: the installation of artificial turf on the baseball, softball and multi-purpose fields; the installation of new tennis courts, the construction of dugouts and viewing stands; and other ancillary improvements, all as is generally shown on the contract drawings prepared by Cameron Engineering & Associates, LLP (“Cameron”) that is attached hereto and made a part hereof as Schedule “A” and will be more particularly shown on the construction designs, plans and specifications for the Project (the “Plans”) to be developed by Permittee, through Cameron, in accordance with the provisions of Sub-Paragraph 3(d) below. Permittee shall ensure that Cameron includes County in all indemnities and representations and warranties running to the benefit of Permittee.
(b) Permittee’s Capital Contribution. Permittee shall contribute the sum of Three Million Dollars ($3,000,000) (the “Permittee Contribution”) for the Project, such Contribution to be paid to the County within thirty (30) days following the County’s request, in installments for the minimal amount needed by the County to encumber funds and let contracts for the Project. The Permittee Contribution shall be held by the County in a non-interest bearing account and used solely for payment of the costs and expenses of the Project. The County acknowledges and agrees that Permittee will receive a credit against the Permittee Contribution of the lesser of: i) Two Hundred Thousand Dollars ($200,000) or ii) the sum of substantiated costs paid by Permittee to professional and engineering firms for design, environmental work, construction management and on-site services in connection with developing the Plans (as defined in Sub-Paragraph 3 (d) below) for the Project up to $200,000. Permittee will receive no other credit against the Permittee Contribution for its costs and expenses incurred in connection with developing the Plans.
(c) County’s Capital Contribution. The County shall contribute the sum of Three Million Dollars ($3,000,000) (The “County Contribution”) for the Project, such Contribution to be paid to the County in calendar year 2011 and used solely for payment of the costs and expenses of the Project. The County Contribution shall be disbursed in arrears pro rata with the Permittee Contribution to fund the costs and expenses of the Project.
(d) Procurement. Promptly after the execution of this Agreement, Permittee shall have developed and shall submit to the County the Plans, which must be approved in writing by the County, not to be unreasonably withheld or delayed. Thereafter, the County shall perform itself with in-house resources or undertake a procurement process in compliance with all applicable laws to provide for the letting of contracts for all labor and materials necessary to carry out the Project, including, but not limited to the Work and oversight relating to the Work. Permittee shall be given a reasonable time to comment upon such contracts for the Work, and other bid documents prior to their issuance and dissemination. Based on the bids and/or proposals received by the County, the County shall select and retain contractor(s) to complete the Project. The County shall provide Permittee with final copies of the final plans and specifications and other bid documents, and fully executed copies of all contracts entered into by the County in furtherance of this Agreement, and copies of all approved change orders. Any material changes or alterations to the Project are subject to the prior written approval of both the County and Permittee.
(e) Books, Files and Records. The County shall keep complete and accurate books, files and records of all matters pertained to the Permittee Contribution and the County Contribution, the Project and this Agreement and, upon reasonable notice, the County shall make the same available for inspection by Permittee at reasonable times during normal County business hours.
(f) Project Administration; Duty of Care. The County shall exercise the same care in administering and monitoring the Project, and in maintaining the Premises, as the County exercises with respect to similar activities in which there is no participation by other entities, but the County shall have no further responsibility to Permittee except as expressly stated in this Agreement. The County shall not be liable for any acts or omissions of the County or any contractor(s) employed in connection with the Project except for acts or omissions amounting to negligence or willful misconduct by the County. Permittee and its representatives shall have the right, from time to time at reasonable times, to inspect the Project and the Work being undertaken hereunder.
(g) Excessive Costs. Any change orders or additional funding necessary to complete the Project, or to do any additional work beyond the scope of the Project, shall be subject to the mutual agreement of the parties and nothing contained in this Agreement shall obligate the parties to expend any money in excess of Permittee Contribution and the County Contribution, as applicable. It is anticipated that the parties will endeavor to work cooperatively to maintain the cost of the Project within the total of the within the total of the Permittee Contribution and the County Contribution, by making such modifications to the Plans and taking such other actions as may be necessary.
4. USE FEE. Permittee shall pay to the County one-half (1/2) of the ordinance fee(s) for its use of the Premises, for baseball and softball games and tennis matches only and not for practices, payable in advance to Parks on a monthly basis. In the event the County increases the ordinance fee(s), Permittee agrees to pay one-half (1/2) of the increased amount. The current ordinance fee(s) established for the use of the Premises are as follows:
(i) Lighted - $60.00 per hour
(ii) Non-lighted - $25.00 per hour
(b) All fees shall be paid by certified check, bank cashier’s check, or U.S. Post Office money order, payable to the Treasurer of Nassau County and delivered to the office of the Director of Parks, Mitchel Field, Mitchel Athletic Complex, Charles Lindbergh Blvd., Uniondale, New York 11553.
5. INSURANCE. (a) General Commercial Liability. Permittee shall furnish to the County a certificate of commercial general liability insurance issued to and covering the liability of the County and the Permittee, with respect to the ownership and use of the Premises. Such liability policy shall name the “County of Nassau” as an additional insured. The limits of liability in such policy shall not be less than $1,000,000.00 per claim and $2,000,000.00 in the aggregate, for all damages arising out of personal injury and bodily injury, including death at any time resulting therefrom, and destruction to property, and excess liability coverage in the amount of at least five million dollars ($5,000,000) in one or more layers, which limits may be revised from time to time at the sole discretion of the County to reflect amounts which a prudent tenant or licensee of a comparable size and in a comparable endeavor would obtain. Such insurance is to be kept continuously in force during the currency of this Permit and any renewals thereof, and shall be written by a carrier licensed to do business in New York State and satisfactory to the County. The premium for such insurance is to be paid by Permittee. The County reserves the right to require Permittee to provide such additional insurance, including other types and higher amounts of insurance, as the County may request in its sole discretion. In the event that the County allows Permittee to use any subcontractors in connection with this Permit, Permittee shall require any such subcontractor to carry insurance with the same limits and provisions required to be carried by Permittee under this Permit.
(b) Workers’ Compensation. In the event that Permittee engages, or intends to engage, employees for the use, maintenance or repair of the Premises, Permittee will furnish a certificate of current workers’ compensation insurance, in the requisite statutory amounts, to cover all such personnel.
6. INDEMNITY. The County and Permittee shall indemnify and hold harmless each other, their officers, employees, and agents from and against any and all liabilities, losses, costs, expenses, and damages (including, without limitation, attorney’s fees and disbursements) directly arising from the acts or omissions of the indemnifying party consisting of negligence or willful misconduct, including Losses in connection with any litigation or other proceeding or preparing a defense to or prosecuting the same, all in relation to the Project.
7. CONDITION OF THE PREMISES; TITLE. (a) Permittee represents and acknowledges that it has inspected the Premises, has knowledge of its condition and of any fixtures and other appliances therein or thereon owned by the County and to be used by Permittee, and has found the Premises to be suitable for its permitted use as provided herein. Permittee acknowledges and represents to the County that neither the County nor any agent or representative of the County has made any statements or representations regarding the quality, nature, adequacy or physical condition of the Premises, the uses which can be made of the same, its compliance with any environmental or occupational protection laws, rules, regulations or requirements, the state of title, or any other matter or thing affecting or relating to the Premises. Permittee is accepting the Premises in its “AS IS” condition “WITH ALL FAULTS” as of the date of this Permit.
(b) Permittee acknowledges that this Permit is a license solely for the Premises and nothing contained herein is intended to transfer to the Permittee any rights with respect to the land under or adjacent to the Premises.
(c) Permittee covenants that it will keep the Premises in a condition equal to that at the beginning of its occupancy under this Permit, ordinary wear and tear excepted. It is anticipated that there will be minimal, if any, negative impact to the Premises and surrounding park areas as a result of Permittee’s use and to the extent there is any damage to the Premises, including to any flora and fauna thereon, Permittee agrees to restore the damaged area(s) to its natural physical condition. Permittee further covenants that it will surrender and give up the Premises to the County upon the termination of this Permit. Permittee further covenants that upon vacating the Premises, it will forthwith remove all personal property belonging to it from the Premises on the date that it surrenders the Premises, and that it thereupon will execute a full release to the County for any damages which may have resulted either to its property arising out of or due to its occupancy of the Premises. Permittee acknowledges that any personal property remaining on the Premises after the expiration, or sooner termination, of this Permit, is intended by Permittee to be abandoned. Permittee shall remain liable to the County for any damages should Permittee fail to cease operations, vacate or remove all possessions from the Premises on or before the expiration or termination date.
8. REPAIRS, MAINTENANCE AND UTILITIES: It is understood by Permittee that, except as otherwise provided herein, the County will be responsible for any repairs, improvements, or maintenance work to be performed upon the Premises; and the County will pay for any utilities, fuel, electricity or other services used. Permittee agrees that in the event that Permittee and/or its agents, employees or representatives shall cause any damage to the Premises, or to any fixtures, equipment and other personal property in, on or under the Premises, by reason of work conducted during the term of this Permit, the Permittee shall repair any such damage to the Premises and restore the Premises to the condition the same was in prior to such work being done. In addition, to the extent that Permittee and County agree that it is necessary to (i) replace the turf on the baseball or softball fields; (ii) resurface the tennis courts; or (iii) perform any capital repairs to the facilities on the Premises that singularly or in the aggregate for any one year period cost in excess of Fifty Thousand Dollars ($50,000.00), then, in any such event, Permittee shall pay Forty Percent (40%) of the cost thereof and the County shall pay Sixty Percent (60%) of the cost thereof, provided, however, that to the extent that any capital repair is due to the negligence of either party or its agents, employees or representatives, then said negligent party shall be solely responsible for the cost of the capital repair. Permittee will also be expected to line the baseball and softball fields as necessary. Permittee acknowledges and agrees that the County may have to relocate Permittee to another sports facility within the County if the County determines such relocation is necessary in connection with a repair, it being understood that the County will give as much notice as is reasonably possible and will keep any such relocations to a minimum and for as short a duration as is as reasonably possible under the circumstances.
9. STANDARD OF OPERATION. (a) Permittee shall use and occupy the Premises in a safe, operable, sanitary and inviting manner consistent with the operations and best practices of comparable use and in such further manner as the County shall prescribe. Permittee shall take all actions necessary or appropriate to meet the obligation described herein, including obtaining and maintaining all approvals, licenses, and certifications (“Approvals”) necessary for its proper use and/or appropriate in connection with this Agreement.
(b) Permittee shall, and shall cause all of its agents, students, employees and representatives to conduct their activities in connection with this Agreement so as not to endanger or harm any person or property.
(c) During Permittee’s use of the Premises, Permittee shall designate a person who shall serve as a liaison between Parks and Permittee and shall provide written notice to Parks of the name and contact information of such designee. Such designee shall notify Parks of accidents or unusual incidents occurring at the Premises during Permittee’s use. Such notice, including documents filed with any county, law enforcement, or insurance agencies, shall also be provided in writing within twenty-four (24) hours of such accident or occurrence. Such accidents or incidents shall include, without limitation, injury to a person or damage to property, fire, flood, casualty and substantial damage or injury of any character.
(d) Supervision and administration of the players’ activities, as well as general security at the Premises for all baseball and softball games and tennis matches, shall be the sole responsibility of Permittee. Permittee shall ensure a minimum of one (1) designated individual is on site during Permittee’s use of the Premises. Permittee, by its employees, shall remain on-site until Permittee’s use of the Premises concludes. General security shall mean that which the College normally provides for its athletic events at other locations.
(e) Permittee shall provide for all necessary supplies and equipment in connection with the Permittee’s use and occupancy of the Premises.
(f) Permittee is responsible for leaving the Premises in a clean condition following each game, match and/or practice. Permittee shall collect and remove all litter, debris, and garbage therefrom regardless of source.
10. REVOCATION. The County reserves the right, in the County’s sole discretion, to revoke this Permit upon thirty (30) days prior written notice; provided, however, that such revocation shall not be exercised in an arbitrary and capricious manner. Such revocation shall be effective after thirty (30) days written notice is sent to Permittee. The County shall not be liable for damages to Permittee in the event that this Permit is revoked by the County as provided herein, except that the County shall reimburse any unamortized portion of the capital costs actually incurred by Permittee for the Project if this Permit is revoked within fifteen (15) years after the Term Commencement Date, such capital costs to be aggregated and amortized evenly over the fifteen (15) year period commencing upon the Effective Date.
11. REPOSSESSION. Permittee further represents that it has knowledge of the fact that the Premises are owned by the County and will be used for a public purpose and that repossession by the County of the Premises is essential to the orderly scheduling of work on the Premises or use by the County; that any delay in such work or use, may subject the County to substantial claims for damages, or adversely affect the County’s use of same. Permittee in consideration of its use of the Premises and of the benefits flowing to it from said permit hereby waives the requirements of personal service of the notice of the Writ of Assistance and covenants that in any action or proceeding brought by the County to recover possession of the Premises that Permittee will not enter any answer and that he will not petition the Court having jurisdiction thereof for a stay of execution of the warrant issued in accordance with the final order in such action or proceeding.
12. ALTERATIONS OR IMPROVEMENTS. Permittee shall make no alterations or improvements to the Premises, structural or non-structural, without the prior written consent of the County.
13. ACCOUNTING PROCEDURES; RECORDS. Permittee shall maintain and retain, for a period of six (6) years following the later of termination of or final payment under this Agreement, complete and accurate records, documents, accounts and other evidence, whether maintained electronically or manually (“Records”), pertinent to performance under this Agreement. Records shall be maintained in accordance with Generally Accepted Accounting Principles and, if Permittee is a non-profit entity, must comply with the accounting guidelines set forth in the federal Office of Management & Budget Circular A-122, “Cost Principles for Non-Profit Organizations.” Such Records shall at all times be available for audit and inspection by the Nassau County Comptroller and any other governmental authority with jurisdiction over this Permit, and any of their duly designated representatives. The provisions of this Paragraph shall survive the termination of this Agreement.
14. NO ARREARS OR DEFAULT. Permittee is not in arrears to the County upon any debt or contract and it is not in default as surety, contractor, or otherwise upon any obligation to the County, including any obligation to pay taxes to, or perform services for or on behalf of, the County.
15. COMPLIANCE WITH LAWS, REGULATIONS AND CODES. (a) Permittee agrees to use the Premises in compliance with all laws, regulations, codes, rules and other directives promulgated by any municipality or governmental authority, including, without limitation, the County of Nassau, the Town in which the building is located, the State of New York, and the United States of America. Permittee shall obtain, at its sole cost and expense, any and all approvals, permits and other licenses required by federal, state and local laws, rules, regulations and orders which are or may become necessary to operate the Premises.
(b) NASSAU COUNTY LIVING WAGE LAW. Pursuant to LL 1-2006, as amended, and to the extent that a waiver has not been obtained in accordance with such law or any rules of the County Executive, Permittee agrees as follows:
(i) Permittee shall comply with the applicable requirements of the Living Wage Law, as amended;
(ii) Failure to comply with the Living Wage Law, as amended, may constitute a material breach of this Agreement, the occurrence of which shall be determined solely by the County. Permittee has the right to cure such breach within thirty (30) days of receipt of notice of breach from the County. In the event that such breach is not timely cured, the County may terminate this Agreement as well as exercise any other rights available to the County under applicable law.
(iii) It shall be a continuing obligation of Permittee to inform the County of any material changes in the content of its certification of compliance and shall provide to the County any information necessary to maintain the certification’s accuracy. On a yearly basis, Contractor shall provide the County with any material changes to its Certificate of Compliance, attached to this Agreement as Appendix L.
16. NO WAIVER OF COUNTY’S RIGHTS: The failure of the County at any time to demand strict performance by Permittee of any of the terms, covenants or conditions set forth herein shall not be construed as a continuing waiver or relinquishment thereof and County may, at any time, demand strict and complete performance by Permittee of said terms, covenants and conditions or of any other term and conditions of this Permit.
17. RIGHTS RESERVED BY THE COUNTY/CONCESSIONS. (a) All rights not specifically granted to Permittee in this Agreement shall be reserved by the County.
(b) Permittee shall not operate, or permit the operation of, any concession on the Premises, or permit others to use all or a portion of the Premises for commercial events, except with the prior written approval of the County. Without limiting the generality of the foregoing, no t-shirts, souvenirs or other goods may be sold without a permit issued by the County and a fee paid to the County. Any permitted vendors must have all appropriate licenses and permits and comply with the insurance provisions of Paragraph 5 of this Permit naming the County as additional insured. Permittee acknowledges that the County has an existing concession agreement covering the sale of food and beverages at the Premises and Permittee expressly agrees that it will not sell food or beverages or interfere with the existing agreement. No outside food or beverage vendor may operate at the Premises unless an arrangement is made with the County and its concessionaire.
18. SIGNS. Permittee shall be permitted to post a sign or signs at the Premises only upon receiving the prior written approval of the County, not to be unreasonably withheld or delayed, based on a written request made to the County containing such descriptive information regarding the sign, including an artist’s rendering or mock up, as the County may request. The Permittee acknowledges that the County may make requests for the removal of a sign or signs previously approved and agrees to promptly comply with such requests.
19. SUCESSORS AND ASSIGNS. The covenants and agreements herein contained shall be binding upon and inure to the benefit of the County and Permittee and their respective permitted successors and assigns.
20. ASSIGNMENT. This Permit shall not be assigned, shared, subcontracted or otherwise transferred without the prior written consent of the County and any purported assignment, sharing or transfer without such consent shall be null and void ab initio..
21. NOTICES. Any notice, request, demand or other communication required to be given or made in connection with this Permit shall be (a) in writing, (b) delivered or sent (i) by hand delivery, evidenced by a signed, dated receipt, (ii) postage prepaid via certified mail, return receipt requested, or (iii) overnight delivery via a nationally recognized courier service, (c) deemed given or made on the date the delivery receipt was signed by a County employee, three (3) business days after it is mailed or one (1) business day after it is released to a courier service, as applicable, (d) to the County Attorney’s Office, attention: Municipal Transactions Bureau Chief, at One West Street, Mineola, New York 11501, and (e)(i) to the Department, to the attention of the Commissioner at the address specified above for the Department, (ii) if to an applicable Deputy County Executive (“DCE”), to the attention of the applicable DCE (whose name the Permittee shall obtain from the Department) at the address specified above for the County, (iii) if to the Comptroller, to the attention of the Comptroller at 240 Old Country Road, Mineola, NY 11501, and (iv) if to Permittee, to the attention of the person who executed this Permit on behalf of Permittee at the address specified above for the Permittee, or in each case to such other persons or addresses as shall be designated by written notice.
22. ENTIRE AGREEMENT. This Agreement represents the full and entire understanding and agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements (whether written or oral) of the parties relating to the subject matter of this Agreement. Each party has cooperated in the negotiation and preparation of this Agreement. Therefore, in the event that construction of this Agreement occurs, it shall not be construed against either party as drafter.
23. EXECUTORY CLAUSE. Notwithstanding any other provision of this Permit, the County shall have no liability under this Permit to any person unless (i) all County approvals have been obtained, including, if required, approval by the County Legislature, and (ii) this Permit has been executed by the County Executive or his duly-designated deputy.
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IN WITNESS WHEREOF, Permittee and the County have executed this Permit and agree to be bound by all the terms and conditions set forth herein as of the Effective Date.
MOLLOY COLLEGE COUNTY OF NASSAU
By: _____________________ By:______________________
Name: ___________________ Name: ___________________
Title: ____________________ Title: ____________________
Date: ____________________ Date: ____________________
posted by Bruce Piel @ 8:55 PM
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