Leaseholders may request to terminate their lease at any time prior to the end of their ten (10) year lease term. While this process does not require the leaseholder to participate in a pre-application meeting, the leaseholder must complete the required steps discussed below to terminate the lease.
Please be advised, until the lease is terminated by the County, the lease will remain in effect and the leaseholder shall remain fully liable and responsible for requirements set forth in the lease, such as payment of annual rental fees and submittal of annual reporting information. If the steps discussed below are not completed and the lease requirements are not satisfied during the course of the lease, this shall constitute an "Event of Default" by the leaseholder and may cause the Department to take legal action to evict the leaseholder and recover fees due and owning.
Submission and Review of Application:
Prior to submitting the Combined Lease Termination Application & Final Leaseholder Annual Report Form (Termination Application), the leaseholder is responsible for the removal of all shellfish aquaculture gear and equipment from the lease site area. Payment of all fees due and owed to the Department must be paid and/or settled with the Department before submitting the Termination Application. Once these steps are completed, the leaseholder may mail their completed Termination Application to the Department. The leaseholder shall be notified by receipt when the application was received by the Department.
Preparation of Termination Documents:
Upon receipt and review of the Termination Application by the Department, staff shall prepare a draft of the Termination of Lease Agreement and send the same to the leaseholder for their review. The leaseholder will have forty five (45) days from the date of the receipt to sign their termination documents. Leaseholders shall have the option of coming to the office to sign their termination agreements or may request to have their documents mailed to them for signature. Leaseholders who request that the lease termination documents be mailed to them will also be responsible for having the required documents notarized by a Notary Public and returning all documents to the Department within the forty five (45) day time period for final execution by the Department.
Termination of Lease:
The lease shall be terminated by the Department upon final execution of the lease termination documents. Once the lease is terminated, the leaseholder's right to access the lease site shall be consistent with their status as a member of the public and shall not be responsible for payment of annual rental fees for the remainder of the 10-year lease term. Fees already paid shall not be refunded. The Termination of Lease Agreement document shall be recorded in the office of the Suffolk County Clerk and an original of the document will be mailed to the former leaseholder.