[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 6-6-1972 by L.L. No. 12-1972 (Ch. 146, Art. I,
of the 1985 Code)]
Notwithstanding the provisions of § 215, Subdivision
3, of the County Law and subject to the approval of the County Legislature,
the County is hereby authorized and empowered to enter into a written
agreement of lease, of rental or for occupancy of real property for
a term in excess of five years.
[Adopted 5-22-1984 by L.L. No. 10-1984 (Ch. 146, Art. II,
of the 1985 Code)]
A.
The County of Suffolk leases portions of many buildings throughout
the County for County purposes, primarily office space. In the event
that a lease is for less than 100% of the building, the County provides
liability insurance, naming the landlord as an additional insured,
for the area which it leases. The landlord is required to provide
liability insurance, naming the County as an additional insured, for
all common areas or any other area of the building not leased to the
tenant. This adequately protects everyone's interests and is
outlined in the County's standard lease form.
B.
The exchange of insurance documentation between the landlords and
the County to accomplish this indemnification is administratively
cumbersome and can be alleviated. Standard liability policies automatically
extend coverage for indemnification agreements if required by ordinance.
Adoption of this article to require this indemnification would mean
that landlords' policies would not have to be specially endorsed
by their insurers to meet standard County lease requirements.
C.
The purpose of this article is to prevent insurance carriers from
denying coverage for such liability and to eliminate unnecessary correspondence
between landlords, brokers, insurers and the County, since insurance
coverage will attach automatically upon the signing of the lease.
All landlords leasing portions of premises to the County of
Suffolk are hereby required to indemnify the County of Suffolk, its
employees and designated representatives from any claim, costs, damages
or injuries to persons or property of whatsoever kind or nature occurring
in the common areas or any other portion of the premises, excluding
that actually leased by the County, including the entire parking lot,
regardless of whether certain areas thereof are designated for the
County's use.
