HomeMy WebLinkAbout22SITE8 AppLEASE AGREEMENT
THIS LEASE, dated August /6 7—*, 2021 (the "Effective Date") between UNCASVILLE
LLC, a Missouri limited liability company having an address of 1515 Des Peres Road, Third Floor,
St. Louis, Missouri 63131 ("Landlord") and GATEWAY MONTVILLE LLC, a Connecticut
limited liability company, having an address of 400 Waterfront Street, New Haven, Connecticut
06512 ("Tenant"). Landlord and Tenant are hereinafter sometimes collectively referred to as the
"parties" and are sometimes hereinafter singularly referred to as a "party".
1. DEMISE & PROPERTY. Landlord hereby leases to Tenant, and Tenant hereby
leases from Landlord, that certain real property located at 125 Depot Road, Uncasville,
Connecticut, composed of plus or minus 22.38 acres as described and depicted on Exhibit A (the
"Property"), including (a) exclusive use of the piers identified on Exhibit A (i.e., the long pier
and the former water intake structure) (the "Piers"), (b) exclusive use of the railroad facilities
(including the railroad siding and railroad crossing) on the Property identified on Exhibit A (the
"Rail"), and (c) non-exclusive right of Tenant (together with its employees, suppliers, shippers,
customers, subtenants, contractors, and invitees) to utilize the "Access Points" depicted on
Exhibit A to access public roads and Property rail sidings and the Piers from the Property; Tenant
may not utilize any other access points. Tenant has no right to occupy or utilize any other portions
of Landlord's property except the Property, Piers, Rail and non-exclusive use of the Access Points.
9. ALTERATIONS. Upon completion of Landlord's Environmental Remedial
Obligations (as defined below), subject to the Landlord's need to maintain the Monitoring Wells
as specified in Exhibit D, and subject to the terms, conditions, and restrictions of Exhibit C,
Tenant, at its option and at its sole cost and expense, may make alterations, additions and capital
improvements to the Property (excluding the Piers), and may demolish, replace or materially alter
any existing structures, fixtures or other improvements on or to the Property (excluding the Piers)
(collectively, "Alterations"). Notwithstanding anything which may be construed or interpreted to
the contrary in this Lease, or otherwise, and for the avoidance of doubt, any Alterations undertaken
by Tenant and any alterations undertaken by parties to any Third Party Agreements shall not take
place in those areas of the Property where the Monitoring Wells are located, as identified in
Exhibit D, attached hereto and fully incorporated by this reference herein. All Alterations will be
accomplished in a good and workmanlike manner, in conformity with all applicable laws, and by
a contractor (licensed as necessary by the state or municipality) who is registered, bonded, and
insured. If any Alterations are made and result in an increase in real estate taxes, Tenant shall pay
to Landlord the amount of such documented tax increase as additional rent. All Alterations of a
permanent nature, which may be made upon the Property, either by Landlord or Tenant, except for
furniture or moveable trade fixtures or other movable property installed at the expense of Tenant
and any portable buildings, shall become the property of Landlord at the termination of this Lease
and shall remain upon and be surrendered with the Property, as part thereof at the termination of
this Lease, without compensation to Tenant.
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Site Plan Review Checklist
Site plans are required for all commercial and industrial uses and residential special permits. Site plans shall comply
with Section 17 of the Zoning Regulations and shall be drawn at a scale of 1"=40' or at a scale approved by the Planning
Director. (Maximum size 24" x 36")
A written statement describing the proposed use or uses in sufficient detail will be submitted with each site plan
to determine compliance with the permitted uses or special permits in the applicable district.
A location map at a scale of one inch (1") equals 1,000 feet shall be submitted showing the subject property,
streets, lot lines, and zoning district boundaries within 1,000 feet of the subject property. If space permits, the
location map may be included as an insert on the site plan as required in section 17.4. An 8-½ x 11 inch
photocopy of a USGS quad map with the project outlined must accompany the site plan.
The name and address of the applicant and owner of record.
North arrow, scale, date of the drawing or its revision and the name(s) and seal(s) of those persons preparing
the site plan.
Property boundaries, dimensions, and area in acres and square feet and all existing monuments, pipe markers
and other physical evidence concerning property boundaries.
Zoning districts and dimensions of all yards as required by these regulations. This information will be shown
in both mapped and tabular form.
Existing and proposed contour lines at 5 ft. Intervals. The Town Planner may require a 2 ft. Contour interval in
order to clearly show topography and drainage.
Location, width, and purpose of all existing and proposed easements and rights-of-way on the property.
Location of all existing watercourses, wetlands, public water supply watershed boundaries, bedrock outcrops,
and where appropriate, the mean high water line, flood hazard areas, and channel encroachment lines.
Location and size in square feet of all existing and proposed structures including underground storage tanks
and uses on the property and the approximate locations and size of all existing structures on the abutting
properties which are within 100 feet of the property lot lines.
Location of all storage areas for materials, supplies, products, vehicles and equipment that will not be kept
inside a structure as required by the zoning regulations.
Location, size, and arrangement of all parking and loading areas including existing and proposed driveway
entrances and exits. The Town Planner may require the applicant to submit a traffic evaluation report or
pedestrian report prepared by an engineer, licensed in the State of Connecticut, if the proposed development
has the potential to impact traffic flow or significantly impact peak traffic counts.
Location, size, and arrangement of all pedestrian walkways and sidewalks.
Location, layout, type, and size of buffer or landscape area, plant materials, fencing, screening devices, or other
materials proposed for use.
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Location, size, height, lighting, and orientation of all signs.
Location, size, height, and orientation of all outdoor lighting facilities.
The stormwater drainage system, including the location and elevations of all existing and proposed street
drainage facilities within 100 feet of the property. The Town Planner of Town Engineer may require additional
information and/or details regarding off-site drainage features affected by, or impacting upon the proposed
development. Stormwater management systems shall be designed in accordance with the 2004 Connecticut
Stormwater Quality Manual as may be amended from time to time.
Location, size, and type of all water and fire protection facilities.
Location, size, and type of all sewerage disposal facilities.
Building elevations or preliminary architectural drawings showing the general type of building proposed for
construction.
In cases where the applicant intends to develop in stages, an overall site and staging plan shall be required.
The Commission may require the applicant to submit an environmental evaluation report for a proposed
development located in an environmentally sensitive area. Evaluation reports by independent professionals and
other experts such as hydrologists, geologists and soil scientists may be required at the expense of the applicant.
All signature and waiver blocks must be located in the lower right corner.
Certificate of Public Convenience and Necessity in accordance with Section 4.10.8 of the Zoning Regulations.
Sanitary Waste Disposal Plan. For any site which is to be served , and is capable of being served, by an
operational public sanitary sewer line prior to occupancy, the site plan shall depict the sewer lateral and other
engineering information suitable to determine that connection to an operational sanitary sewer line is feasible.
In addition, the applicant shall provide evidence from the Montville Water Pollution Control Authority that it is
capable of providing sanitary sewer service to the subject site. If the applicant proposes to utilize a community
sewerage system, as defined in C.G.S. Section 7-245 as may be amended from time to time, a report from the
Montville Water Pollution Control Authority indicating that all requirements of C.G.S. Section 7-246 as may
be amended from time to time have been satisfied shall be provided.
An Erosion and Sediment Control Plan designed in accordance with Section 15.1 of the Zoning Regulations.
Special Requirements for Uses in Public Drinking Water Supply Watersheds The following special
requirements shall apply to all Special Permit uses located within the Lake Konomoc and Stony
Brook Reservoir watershed:
1. All septic systems shall be designed by a Sanitary Engineer registered in the State of
Connecticut, and shall include a renovation analysis demonstrating compliance with current
standards adopted by the DEEP.
2. No stormwater discharge from parking areas, roadways, rooftops or areas covered with
similar impervious surfaces shall be deposited directly into any wetland or watercourse, nor
discharged directly into the ground. Suitable surface and/or subsurface measures shall be
taken to detain, filter, renovate and otherwise improve the quality of any such waters before
discharge to surface or subsurface waters on or off the site. Existing wetlands may be
employed for final treatment of stormwaters to the extent of their capacity to do so, but only
after initial treatment by new wetlands or structural filtration methods.
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Digital data for Special Permits and Resubdivisions/Subdivisions shall be provided to the Planning Office after
the recording of the final mylars on the land records. For Site Plans, the data shall be provided to the office
after all signatures have been obtained by the appropriate authorities and prior to the issuance of a Zoning
Permit.
The Digital Data shall include:
a. One (1) PDF copy of the project
b. Copy of the project in ArcView (GIS) format or AutoCAD
Shapefile (.shp)
Geodatabase (.mdb)
Export file (.e00)
AutoCAD.dwg
Having all features in a single AutoCAD layer or GIS file will not be accepted. For example,
there must be separate layers/files for text, buildings, roads, wetlands, etc
All data represented in a digitally submitted AutoCAD or GIS drawing must be registered to the
CT State Plane Coordinate System Using NAD 1983 datum.
Data can be submitted to the Planning Office via a flash-drive or CD.
DETERMINATION OF APPLICABILITY
The Commission may determine that one (1) or more of the site plan ingredient requirements of Section 17.4 is not
necessary or required to reach a decision on the application. A determination of applicability of the applicable section(s)
must be requested in writing by the applicant.
Please refer to the Zoning Regulations to insure that you meet all requirements for setbacks, parking, signs,
etc.
Site Plan Review Checklist
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