ML20083K545
| ML20083K545 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/09/1984 |
| From: | Mccleskey K HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Laurenson J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| OL-3, NUDOCS 8404160210 | |
| Download: ML20083K545 (8) | |
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- April 9, 1984 James A.
Laurenson, Chairman Mr. Frederick J. Shon Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-WestTower, Rm. 402A East-West Tower, Rm. 427 4350 East-West Hwy.
4350 East-West Hwy Bethesda, MD 20814 Bethesda, MD 20814 Dr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East-West Tower, Rm. 430 4350 East-West Hwy.
Bethesda, MD 20814 f
Dear Administrative Law Judges:
Pursuant to the Board's ruling Friday last on LILCO's motion to supplement its testimony on Contention 24, attached is a lease for the Riverhead transfer point, which is marked 2.H to LILCO's testimony on Contention 24.
In ad-dition, lines 15-17 on page 17 of the original testimony
("Riverhead.
LILCO has permission to use this site for the du-ration of the drills.
A permanent lease agreement is being ne-gotiated.") should now read as follows:
Riverhead.
The owner of this site and LILCO have entered into a lease dated April 1, 1984, allowing LILCO to use the facility as a vehicle staging area in accordance with the LILCO plan.
This lease is Attachment 22.H to this testimony.
8404160210 840409 PDR ADOCK 05000322 O
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D HuyTow 8: WILLIAMES James A.
Laurenson, chairman Dr. Jerry R. Kline Mr. Frederick J. Shon April 9, 1984 Page 2 i
l Mrs. Robinson, Dr. Cordaro, and Mr. Weismantle will adopt this change and the additional Attachment 22.H as their testimony on l
Contention 24 when they resume the stand on April 24, 1984.
1 Yours very truly, IfbS~
301/869 Kathy E. B. McCleskey cc:
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LILCO testimony on Contention 24
- 2.H THIS LEASE, made and entered into at Riverhead, New York, as of April 1, 1984, by and between GEORGE, WAYNE and GARY FALTIN (the " Land-lord") and LONG ISLAND LIGHTING COMPANY, (the " Tenant");
WITNESSETH The Landlord and the Tenant, for and in consideration of the keeping by the parties of their respective obligations hereinafter contained, as well as for $1.00 and other valuable consideration paid in hand simultaneously with the execution and delivery of this lease, receipt whereof is hereby acknowledged, agree as follows:
ARTICLE I DEMISED PREMISES 1.
LANDLORD'S DEMISE. Upon the terms and conditions hereinafter set forth, and in consideratica of the payment of the rents and the prompt performance by the Tenant of the covenants and agreements to be kept and performed by the Tenant, the Landlord does lease, let, and demise to the Tenant, and the Tenant hereby leases from the Landlord, the following described premises, situate lying and being in Riverhead, New York, known as District 0600, Section 804, Block 3, Lot 41, as indicated on the annexed sketch to be used solely as a vehicle staging area in conjunction with the Tenant's Shoreham Emergency Plan, all in accordance with this Agreement.
2.
CONDITIONS. The demise is made subject to the following:
(a) Tenant will notify the Landlord in writing before each drill occurs.
(b) Tenant will not interfere, in any way, with the normal operations of the premises.
ARTICLE II TERM To have and to hold the demised premises for a term commencing April 1, 1984 and ending March 31, 1985, both dates inclusive, unless sooner terminated or extended, as hereinaf ter provided.
The Tenant shall have the option to renew this lease on an annual basis, not to exceed two (2) renewals. The rental for the first' renewal term shall be the same as is provided for the initial term, plus 10 tercent thereof; and the rental for the second renewal term shall be the rano as is provided for the first renewal term, plus 10 percent thereof.
- n all other respects, the terms and conditions of this agreement shall pply to any renewal term. Said option must be exercised in writing i
si:ty (60) days in advance of the new term, and the annual rent is to be paid in the same manner as ene rent for the initial term.
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U ARTICLE III RENT h
ANNUAL RENT. Tenant agrees to pay to the Landlord'the annual rent of ho cover the entire demised term, and to-be paid in equal monthly installments of on the first day of each month throughout the demised term.
i ARTICLE IV MECHANICS' LIENS
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2 NO LIEN. The Tenant shall not have the power to subject the interest of the Landlord in the premises to any mechanics' or material-men's liens or lien of any kind.
ARTICLE V i
GOVERNING LAW COVERNING LAW. This agreement shall be governed by the laws F
of the State of New York.
ARTICLE VI INDEMNIFICATION OF LANDLORD 1.
INDEMNIFICATION BY TENANT. The Tenant agrees to save and hold the Landlord harmless from and against all loss, damage, costs, suits and judgments for personal injury or death or property damage arising i
out of or in connection with Tenant's negligent use of Landlord's t
property pursuant to this Agreement.
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2.
INSURANCE.
From the time when this lease commences, the j
Tenant shall cause to be written a policy of insurance in the form
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generally known as a public liability policy, insuring the Tenant and the Landlord against any and all claims and demands made by any person f.
or persons whomsoever for injuries received in connection with the operation and maintenance of the premises, or equipment used or located
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i on the demised premises, or for any other risk insured against by.such is l
policy, and, in each such case, arising out of Tenant's negligent use'of j
i the premises, with limits of not less than i for damages incurred or claimed by one or more persons fa r bodily injury, plus 1
i damages to property. The policy shall name the Tenant and
! the Landlord, as their respective interests may appear, as the persons i
in ured.
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ARTICLE VII ADDITIONAL COVENANTS OF TENANT i
d[*lo rd LEGAL USE.
The tenant covenants and agrees with the Land-that the premises will be used for legal purposes only.
h ARTICLE VIII l
RIGHT OF ENTRY j
The Landlord and its agents, as well ss other tenants and the
! general public, shall have the right to enter upon the premises at '
[all reasonable times.
f ARTICLE IX t,
MISCELLANEOUS i
[this 1.
CANCELLATION.
Each party reserves the right to cancel Lease at any time by giving the other party not less than l sixty (60) days prior written notice to the Landlord.
1 2.
CONDITION OF DEMISED PREMISES.
Tenant hereby agrees to keep property as illustrated in the annexed sketch in good con-
-dition.
3.
PHYSICAL ALTERATIONS OF DEMISED PREXISES.
Tenant hereby_
" agrees to remove wings from the buildings and to place used
- utility poles on property to define parking area as per annexed sketch at such times as tenant may-elect.
Upon placement, title land risk of loss of said poles passes from Tenant to Landlord.
The parking area will conform to the Town Code of the Town of
'Riverhead.
4.
NOTICES.
If either party desires to give notice to the
- other in connection with and according to the terms of this Lease,
'such notice shall be given by certified mail and it shall be' deemed
'give-when deposited in the United States mails with postage pre-
- paid.
Such notices shall be addressed as follows:
To the Landlords j'
Mr. George J.
Faltin j
Route 58 and Doctors Path Riverhead, New York 11901 To the Tenants Long Island Lighting Company 2
Real Estate Department 1650 Islip Avenue Brentwood, New York 11717 t
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i IN WITNESS WHEREOF, the parties have each hereunto set their hands and seals, as of the day and year above written.
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GEORGE FALTIN GARY FALTIN WAYNE FALTIN I
(Landlor i
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G6orge[altin BY:
L Gary Fa'ltin
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BY:
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LONG ISLAND LIGHTING COMPANY j
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BY:'
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Matthew C. Cordaro i
Vice President i
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STATE OF NEW YORK)
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COUNTY OF SUEdA)
On the day of April, 1984, before me personally came George Faltin, Gary Faltin, and Wayne Faltin, to me known to be the individuals described in, and who executed the foregoing instrument, and acknowledged that they executed the same.
COREEf4 A. PE.U.stt; fv0TARY f'UMIC. St.,t* ct f.en yng
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Term Ceres '.imn C,19IO NOTARY PUBLIC STATE OF NEW YORK)
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COUNTY OF M(
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On the e
day of April, one thousand nine hundred and eighty four, before me came Matthew C. Cordaro to me known who being by me duly sworn, did depose and say that he resides at 10 Triangle Court, Ft. Salonga, New York; that he is a Vice President of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was ao affixed by order of the Board of Directors of said corporation, and that he sign his name by like order.
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