HomeMy WebLinkAbout8.26.22 SubmissionCenterline Communications LLC
5550 Merrick Road, Suite 302
Massapequa, NY 11758
August 26, 2022
BY HAND
Town of Southold Building Department
Town Hall
53095 Main Road
Southold, NY 11971
RE: DISH Wireless — Building Permit Application
AT &T site NYNYCO2219A
Premises: 7055 Main Road
Mattituck, NY
Section 122, Block 6, Lot 35.4
Ms. Lanza:
1'
AUG 2 6 2022
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BUILDIN(J
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Per our emails and phone conversations, we are submitting the documents we were advised we needed to provide. Per our
conversation we are providing these to go in front of the board on September 12, 2022 to have the public hearing waived and
the permit issued. We filed our permit with Section 6409. Under the 6409 Rules, the Town of Southold had sixty (60) days
following the delivery of our initial submission to notify us that the submission was incomplete. The Shot Clock for this ran out
on July 27, 2022.
In light of our conversations and emails, we are agreeing to extend the Shot Clock until October 1, 2022 for the Town to issue our
permit.
Enclosed are the following documents we were advised to submit to the Town:
1) Site Plan Application Form
2) Redacted Leases
3) Check ( #1554) in the amount of $1000 for the site plan application fee
Considering the foregoing, DISH respectfully requests that its proposed equipment upgrades be approved no later than October
1, 2022.
In the meantime, if you have any questions, please feel free to call or email me. Thank you for your cooperation.
Lorna Mund
Site Acquisition Manager on Behalf of AT &T
631 - 258 -1287
Imund @clinellc.com
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OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
To: Accounting
From.- Planning Department
Date: August 30, 2022
Re: Check
14-
C6
0�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS
P.O. Box 1179
Southold, NY 11971
Telephone: 631 - 765 -1938
www.southoldtownny.gov
Please deposit the attached check into B691: Deferred Revenue. Fee is for a Site
Plan Application not yet accepted by the Planning Board.
Applicant/Project Name & Type Tax Map # Amount
Dish Wireless Colocation at Laurel 122 -6 -35.4 1000.00
Stone Site Plan
CENTERLINE COMMUNICATIONS LLC
750 W CENTER ST STE Sol
W BRIDGEWATER, MA 02379 -1545
'AYE
10 THE
ORDER OF n f
r r fy
OCKLANDTRUST
is
DAT
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11R001S53n■ i :OLL3044781: 799 200 7 20
Check Date /No.
8/23/22 - #1553
Centerline
Communications
SOUTHOLD PLANNING BOARD
SITE PLAN APPLICATION FORM
Nite Plan N "m,�and Location
Site Plan Name: �i 5 i l 5 Co;2212 :4 Application Date:
Suffolk County Tax Map #1000 - Qa- 6 - �.a a Other SCTM #s
Street Address: 7o s A0--CQ &ad
Distance to nearest intersection-_ /SS-4-
Hamlet: _644A LILA
Type of Site Plan: New Amended Residential Zoning District
Owners /Agent Contact information
Please list frame, mailing address, and phone irranber for the people below,
'roperty Owner Lewd 5-6e, . �C40.
itreet lQs-S IA&tn Food
•Tome Telephone
State m , zip ilk-2_
�i Other -631= r
Applicant (2SS LL G
Street 9(pU _ b -e.ctj 1130 66,6' -wi,, J
City trk 14- t -,00d State Co f c f Zip � O Il a
Home Telephone ?l l 7 -9
5� Other
Applicant's Agent or Representative:
Contact Person (s)* Loa= Rui _
Street S 30 �2_
City L5ft"VA_ State Zip i { 159
Office Telephone 6' %/e _Otherl -PS ° /Z87 (!C
*Unless otherwise requested, correspondence will be sent only to the contact person noted here.
Site Ptan Application Form 2-182010
Site Data
Proposed construction type: New VModif cation of Existing Structure Agricultural
Property total acreage or square N a
footage: /sq. - _ Change of use
g �� _ c. ft -
Site Plan build -out acreage or square footage N /A, ac./sq. ft
Ls_th e an existing or proposed Sale of Development Rights on the property? Yes No k
explain :
Does the parcel(s) meet the Lot Recognition standard in Town Code §280 -9 Lot Recognition? Y N
If "yes ", explain (and attach any necessary documentation title report, gubdivision approval, etc.) z
FBuilding Department Notice of Disapproval Date:
n application to the Southold Town Zoning Board of Appeals required? Yes I/ No
If yes, have you submitted an application to the ZBA? Yes j./ No
If yes, attach a copy of the application packet `
1EccJiCA Zin
Show all uses proposed and existing Indicate which building will have which use If more then one use is
proposed per building, indicate square footage of floor area ner use
List all existing property uses
List all proposed property uses
Other accessory uses:
Existing lot coverage: &_./A % Proposed lot coverage: u ,4
a:
Gross floor area of existing structure(s): �f sq. ft. Gross floor area of proposed structure(s)
I- Parking Space Data: # ofexistin
# of
- -- -
Landscaping Details: Existing landscape coverage: 4
Wetlands: Is this
y within 500' of a wetland area? Yes
Berth: Yes No
Proposed landscape coverage;
No
I, the undersigned, certify that all the above information is true_
Signature of Preparer Date: V 1a43
Site Plan Application Forni ? 18, 2010 2
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
SUPPLEMENT TO THE MASTER LEASE AGREEMENT
THIS SUPPLEMENT TO THE MASTER LEASE AGREEMENT ( "SLA ") is entered into as of
( "Effective Date "), by and between K2 Towers 111, LLC ( "Lessor "),
whose address is 57 E. Washington St., Chagrin Falls, Ohio 44022, and DISH Wireless L.L.C. ( "Lessee "),
whose address is 9601 South Meridian Blvd., Englewood, Colorado, 80112. Lessor and Lessee are at times
collectively referred to hereinafter as the "Parties" or individually as a "Party ".
BACKGROUND
WHEREAS, Lessor, and Lessee have entered into that certain Master Lease Agreement dated
February 19, 2021 (the "MLA "). Such MLA provides that Lessor and Lessee will enter into separate SLAs
on a site -by -site basis, pursuant to which Lessor will lease to Lessee certain available space at a Leased
Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
Site Information. The Leased Property, as more particularly described in Section 6 hereof, means:
a. Lessee Site ID: NYNYCO2219A
b. Lessor Site ID: NY -3 Laurel Stone
c. Address and/or location of the Site: 7055 Main Road, Mattituck, NY 11952
d. Site coordinates (NAD 83):
i. Latitude: 40.978692 N
ii. Longitude: 72.546892 W
e. Antenna Space centerline height: 85'
f. Ground Space dimensions: 5' x 7' (Length x Width)
2. Rent; Term.
a. Rent.
i. Commencing on the SLA Rent Commencement Date, the Basic Rent for this SLA
shall be a monthly rental
be paid and to escalate in accordance with the terms set forth in Section 4.1(A) of
the MLA due to this being a stealth tower.
ii. Basic Rent will increase in accordance with the provisions of Exhibit C to the
MLA.
iii. Additional Rent, if any, shall be paid in accordance with the terms set forth in
Section 4 of the MLA, in the amount of Not Applicable.
b. Term. The term of this SLA shall be as set forth in Section 3 of the MLA, unless set forth
herein as follows: Not Applicable.
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
Non - Standard Terms. The Parties acknowledge and agree that the following conditions exist at
the Site: (Check all that apply)
❑ Electrical utilities at the Site are unavailable.
❑ The Site is located, in whole or in part, on land which is owned, operated or controlled by a Governmental
Authority (e.g. Bureau of Land Management or Bureau of Indian Affairs).
❑ The Structure on the Site is AM detuned.
❑ Tower Modifications are required prior to the commencement of Lessee's Installation at the Site.
❑ Ground Space at the Site is not included in the legal interest conveyed to Lessee pursuant to this SLA.
❑ Aesthetic restrictions imposed by Prime Lessor or Applicable Law apply to Lessee's Equipment.
❑ An access Easement for the Site is not included in the legal interest conveyed, in whole or in part, to
Lessee pursuant to this SLA.
4. Special Provisions. Not Applicable
5. Unique Prime Agreement Terms. Not Applicable
6. Site Address and Legal Description of Site. Lessor hereby leases to Lessee, and Lessee leases from
Lessor, as applicable, the Site, as more particularly described in Section 1 hereof, and which is
comprised of the space on the Structure, Easements (including, without limitation, a right -of -way
for access) and Ground Space on the Parcel at heights and locations as more particularly set forth
on Schedule A -1 (Collocation Application), Schedule A -2 (Structure Elevation and Site Plan), and
Schedule A4 (Legal Description of Parcel or Survey) (together, as applicable, the "Leased
Property "), each of which are attached hereto and incorporated herein.
Frequencies. As of the Effective Date, Lessee's initial Installation will use those certain
frequencies, in pre - approved transmit power, as set forth on Schedule A -1 (Collocation
Application), which is attached hereto and incorporated herein by this reference.
MLA, Terms-, Inc= oration of Back ound• Prime A ement. This SLA is entered into
pursuant to the MLA. All terms and conditions of the MLA are incorporated herein by this reference
and made a part hereof without the necessity of repeating such terms and conditions or attaching
the MLA. By executing and delivering this SLA, the Parties hereby agree to be bound by all terms
and conditions of the MLA applicable to such Party, and to perform all covenants and agreements
of such Party therein. Capitalized terms used in this SLA shall have the same meaning ascribed to
them in the MLA unless otherwise indicated herein. The background section set forth above is
hereby incorporated into this SLA by this reference in its entirety. A true and correct copy of the
Prime Agreement(s) (subject to redaction of economic, financial, and confidential terms) is set forth
in Schedule A -3 (Redacted Prime Agreement), which is attached hereto and incorporated herein
by this reference.
9. Order of precedence, Conflict. In the event of an inconsistency, conflict or discrepancy between,
or among, (a) Section 1 of this SLA, (b) Schedule A -1 (Collocation Application), and/or (c)
Schedule A -2 (Structure Elevation and Site Plan), Section 1 of this SLA shall govern. In the event
of an inconsistency, conflict or discrepancy between (i) Schedule A -1 (Collocation Application),
and (ii) Schedule A -2 (Structure Elevation and Site Plan), Schedule A -2 (Structure Elevation and
Site Plan) shall control. In the event of an inconsistency, conflict or discrepancy between (x) the
MLA, and (y) this SLA, the terms set forth in the MLA shall control.
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
IN WITNESS WHEREOF, the Parties have executed this SLA as of the Effective Date.
LESSOR:
K2 Towers III, LLC
°DocuSigned by:
By: F
Name: Ryan D. Lepene 6/17/2022
Title: President
LESSEE:
DISH Wireless L.L.C.
Doc uSigned by:
EFQDAIAI�056:84V
tV. 6
By:
Name: Dave Mayo
Title: EVP
6/21/2022
Ds
6/17/2022
E DocuSigned by:
atC
AA —4,,W-7,
3C5E2E78EA26474...
6/19/2022
cDS
A
J' "V
.`I-CSrj.
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
SCHEDULE A -1 TO SLA
COLLOCATION APPLICATION
[Attached Hereafter]
3[sc
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
Collocation Application
K2 Towers III, LLC
57 E Washington Street a Chagrin Falls, Ohio 44022 a Attn.: Greg Thompson
866 - 962 -0904 phone a 440 -528 -0334 fax a gthompson @k2towers.com
K2 Site Name:
NY -3 Laurel Stone
K2 Site #:
NY -3 Laurel Stone
Tenant's Site Ref:
Contact Name:
Address:
7055 Main Road,
Mattituck, NY 11952
Latitude:
40
58 43.291
32 48.811
Longitude:
-72
Structure Type:
Concealment
Role
Structure Height:
120 ft
Tenant (Applicant):
Dish Wireless LLC
Type of Service:
Installation of cell antennas and
equipment on the ground
Desired RAD Center Feet AGL :
Contact Name:
Jermaine Parker
Site Ac Contact Name:
Loma Mund
Contact Email:
Jennaine.parker@dish.com
Site Ac Contact Email:
lmund clinellc.com
Contact Phone:
917- 945 -2065
Site Ac Contact Phone:
516 -557 -2398
FW- 65B -R3
RF Contact Name:
Imad Memon
Construction Contact Name:
Walter Pas uino
RF Contact Email:
Imad.memon@dish.com
Construction Contact Email:
Walter. as uino ,dish.com
RF Contact Phone:
303 - 706 -4019
Construction Contact Phone:
973 - 461 -0700
EXISTING EQUIPMENT /ANTENNA INFORMATION
Please indicate (E) for Existing (and staying); (P) for Proposed; (R) for being Removed after each equipment model listed
below. Examples:
- Antenna Model: ABCXYZ-I23 (E)
- RRH Model: RRH 1000A (R)
RRH 1001B (P)
HS9
Sector A
Sector B
Sector C
Desired RAD Center Feet AGL :
85
85
85
Antenna Quantity
1
1
1
- Antenna Manufacturer
Commsco a
Commsco a
Commsco e
Antenna Model Attach Spec Sheet
FW- 65B -R3
FW- 65B -R3 )
FW- 65B -R3 )
Weight (per antenna
43.8 lbs
43.8 lbs
43.8 lbs
Antenna Dime_ nsions
71.97 "x11.81"
71.97 "x11.81"
71.97 "x11.81"
ERP watts
Antenna Gain
Orientation / Azimuth
50
_
170
290
Mechanical Tilt
0
0
0
Channels
j
Tower Mount Description /
Dimensions
M04 Mounting Bracket
HPA- 33R- BUU -H4 -K
5 "72 "x8"
M04 Mounting Bracket
HPA- 33R- BUU -H4 -K
5 "x2 "x8"
M04 Mounting Bracket
HPA- 33R- BUU -H4 -K
5 "x2 "x8"
Tower Mount Weight
1.5 lbs
1.5 lbs
1.5 lbs
Tower Mount Mounting Height
8"
8"
8"
Transmit Frequency
0 -0, 2180 -2200, 1995-
2020, 632 -652
0 -0, 2180 -2200, 1995-
2020, 632 -652
0 -01 2180 -2200, 1995-
2020. 632 -652
Receive Frequency
1915- 1920,678 -698
1915- 1920,678 -698
1915- 1920,678 -698
Di lexer Quantity
2 at pole, 2 on ground
2 at Role, 2 on ground
2 at pole, 2 on ground
Di lexer Manufacturer
Commsco a
Commsco a
Commsco e
Commscope Model (Attach Spec
Sheet)
CDX623T -DS -T E15V95P63/
CDX623T -DS -B E15V95P62
CDX623T -DS -T E15V95P63/
CDX623T -DS -B E15V95P62
CDX623T -DS -T E15V95P63/
CDX623T -DS -B E15V95P62
HS9
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
un
RRU Quantity
2
2
2
Weight (per Di lexer)
10.141 top 10.141 bottom
10.141 top 10.141 bottom
10.141 top 10.141 bottom
Diplexer Dimensions
8.86" x 4.96" x 4.53"
8.86" x 4.96" x 4.53"
8.86" x 4.96" x 4.53"
# of Coax Cables PER ANTENNA
4
4
4
Diameter of Coax Cables
7/8"
7/8"
7/8"
RRU Quantity
2
2
2
RRU
Fujitsu Dual Band TA08025-
Fujitsu Dual Band TA08025-
Fujitsu Dual Band TA08025-
Manufacturer/
B604/ Fujitsu Tri Band
B604/ Fujitsu Tri Band
B604/ Fujitsu Tri Band
Model
TA08025 -B605
TA08025 -B605
TA08025 -B605
Weight (per
63.9/74.95
63.9/74.95
63.9/74.95
RRU) lbs.
RRU
14.9 "x15.7 "x7.8 "/14.9 "x15.7"
14.9 "x15.7 "x7.8 "/14.9 "x15.7"
14.9 "x15.7 "x7.8 "/14.9 "x15.7"
Dimensions
x9"
x9
x9
Distribution System
N/A
N/A
N/A
Quantity
Manufacturer
N/A
N/A
N/A
Weight (per
N/A
N/A
N/A
ODU) lbs
Dimensions per
N/A
N/A
N/A
ODU
DC Power Cables —
N/A
N/A
N/A
quantity/size
Fiber Runs —
N/A
N/A
N/A
uantity /size
GROUND SPACE INFORMATION
Cabinet or Shelter Manufacturer and Model
Eners s Hex Cabinet 2000005996
Cabinet or Shelter Dimensions
73 "00 "x32"
Total Ground Space Required for Foundation
5'x7'
POWER INFORMATION
Required Voltage and Total Amperage (if using AC Power Amps
Landlord's shelter
Other new equipment:
SUMMARY OF PROPOSED INSTALL: Concealment pole: Three (3) panel antennas (one per
sector) with strap mounts, six (6) diplexers (2 per sector), jumpers with cable clamps.
Ground: One (1) Steel platform, one (1) ice bridge, one (1) PPC cabinet, one (1) equipment cabinet,
one (1) power conduit, one (1) telco conduit, one (1) fiber box, six (6) RRU's (2 per sector), one (1)
Over Voltage Protection Device, one (1) GPS unit, one (1) meter socket, six (6) diplexers.
FINAL CONFIGURATION: Concealment pole: Three (3) panel antennas (one per sector) with
strap mounts, six (6) diplexers (2 per sector), jumpers with cable clamps.
Ground: One (1) Steel platform, one (1) ice bridge, one (1) PPC cabinet, one (1) equipment cabinet,
one (1) power conduit, one (1) telco conduit, one (1) fiber box, six (6) RRU's (2 per sector), one (1)
Over Voltage Protection Device, one (1) GPS unit, one (1) meter socket, six (6) diplexers.
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
SCHEDULE A -2 TO SLA
STRUCTURE ELEVATION AND SITE PLAN
[Attached Hereafter]
HS6
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
`9 , !
KEY MAP
A SCALE: N.T.S. ;(Nj
Hr�arH
EXISTING
119' -6" UNIPOLE
PROPOSED LESSEE
ANTENNA SECTORS
W/ 3- ANTENNAS TOT,
PROPOSED LESSEE
COAX CABLES TO
ANTENNA SECTORS
(TYP 12 COAX @ 7/8"
GENERAL NOTES:
1. ALL ANTENNA LOCATIONS ARE APPROXIMATE.
2. RRH UNITS, DIPLEXERS, DISTRIBUTION BOXES, AND OTHER SMALL
ACCESSORY EQUIPMENT SHALL BE ADDED TO EACH ANTENNA SECTOR AT
FUTURE LOCATIONS DETERMINED BY LESSEE.
3. CABLE TRAYS, CONDUITS, AND OTHER CONNECTIONS NOT SHOWN ON THESE
LEASE EXHIBITS SHALL BE PLACED AT LOCATIONS TO BE DETERMINED BY
LESSEE AND WILL BE SHOWN ON THE FINAL CONSTRUCTION DRAWINGS.
4. EXACT LOCATION, LAYOUT, AND DETAILS OF ALL PROPOSED FEATURES TO BE
DETERMINED AFTER STRUCTURAL REVIEW, DURING FINAL DESIGN, AND WILL
BE SHOWN ON THE FINAL CONSTRUCTION DRAWINGS.
5. ANY EQUIPMENT OR OTHER UTILITY IMPROVEMENTS REQUIRED BY LESSEE
UTILITY PROVIDERS TO SERVICE LESSEE INSTALLATION SHALL BE PERMITTED
AT THE PROPERTY.
,sA,
CLIENT: #
RECORD
�E
°ti�c�
t
PROPOSED
COMPOUND PLAN
NORTH
32' 16 0' 32' 64'
L� ' d. _.I
SCALE: 1/32" = V -0"
LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION
CLIENT: #
RECORD
OF REVISIONS
NEW SITE BUILD
DWG. NO:
NO.
DATE
DESCRIPTION
Salient
ARCHITECTS. LLC
325 N. 10th STREET
LEWISBURG, PA 17837u%
Z
WIRELESS
THIS DOCUMENT IS THE DESION.PROPEATY,
`nom NLErtNTq!!LY-
A
3/24/21
PRELIMINARY
MGS
MGS
NYNYCO2219A
7055 MAIN ROAD
MATTITUCK, NY 11952
LE-
1
1
B
4/6/21
REVISED PER COMMENTS
CwJ
C
6128/21
REVISED PER COMMENTS
CWJ
T: (201) 567 -0032 F: (201) 567 -9556
ANY DUPLICATION OR USE WITHOUT EXPRESS
WRITTEN CONSENT OF SALIENT ARCHITECTS, LLC
r�
L-.7
www.salientassociates.com
ISSTRICTLYPROHISITED
COMPOUND PLAN
DoouSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
UTILI :Y SERVICE LEGEND* *UTILITY WALKS REQUIRED TO VERIFY FINAL LOCATION OF
SERVICES AND ROUTING TO PROPOSED EQUIPMENT LOCATION.
T TELCO: TAP FROM EXISTING SERVICE PROVIDER AND ROUTE TO LESSEE TELCO ENCLOSURE + EQUIPMENT;
FINAL TAP LOCATION TO BE CONFIRMED BY UTILITY PROVIDER.
E ELECTRICAL: TAP ELECTRICAL METER BANK, ROUTE TO LESSEE ELECTRICAL PANEL + DISCONNECT SWITCH;
200A, 1- PHASE, 120/240V; FINAL LOCATION TO BE CONFIRMED BY UTILITY PROVIDER / ELECTRICAL ENGINEER.
G GROUNDING: INSTALL GROUNDING RODS W/ GROUND RING AND ROUTE TO LESSEE MASTER GROUND BAR;
FINAL GROUND SERVICE LOCATION TO BE CONFIRMED BY ELECTRICAL ENGINEER.
N
PROPOSED LESSEE UTILITY CONDUITS RUN
FROM SERVICE LOCATIONS TO EQUIPMENT (TYP)
PROPOSED
UTILITY LAYOUT PLAN
SCALE:
NORTH
8" 4' 0' 81 16'
r r
SCALE: 1 /8" =1' -0"
LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION
CLIENT;
RECORD
OF REVISIONS
NEW SITE BUILD
DWG. NO:
NO.
DATE
DESCRIPTION
INIT.
Salient
ARCHITE=LLC
325 N. 10th STREET
LEWISBURG, PA 17837
WIRELESS
THIS DOCUMENT IS THE DESIGN, PROPERTY,
FOREXCLUSI�USSEeBYY"THET�C ENTON Y.
A
3/24/21
PRELIMINARY
MGS
CWJ
CWJ
NYNYCO2219A
7055 MAIN ROAD
MATTITUCK, NY 11952
r n
E 2
B
416/21
REVISED PER COMMENTS
C
6/28/21
REVISED PER COMMENTS
T: (201) 567 -0032 F: (201) 567 -9556
wwwsalientassociates.com
ANY DUPUCATIONORUSEWRHOUTEXPRESS
IC WRDTEN CONSENTTLY PROHi ARCHRECTS,LLC
SSNTOFYPROHIARCH
UTILITY LAYOUT PLAN
F{SG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
TOP OF FIRE DEPARTMENT
WHIP ANTENNA
1 19'_61Y +/- AGL
TOP OF CONCEALMENT POLE
1001{ +1- AGL ----\
LESSEE RAD CENTER _
85' -0" +1- AGL
PROPOSEDLESSEE —
ANTENNA SECTORS
W/ 3- ANTENNAS TOTAL
EXISTING -
119' -6" UNIPOLE
PROPOSED LESSEE
CABLE PATHWAY TO
ANTENNA SECTORS (TYP)
GRADE
PROPOSED
4 ELEVATION
32'
SCALE: 1/16" = P -0"
LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION
CLIENT: 0
RECORD OF REVISIONS
NEW SITE BUILD
DWG. NO:
WO.
DATE
DESCRIPTION
INIT.
SaSalient
Z%S
A
3/24/21
i�
PRELIMINARY
MGS
NYNYCO2219A
ARCHITECTS, LLC
325 N. 10th STREET
WI}�I,E+
THIS DOCUMENT IS THE DESIGN, PROPERTY.
B
416121
REVISED PER COMMENTS
CWJ
7055 MAIN ROAD
C
6128121
REVISED PER COMMENTS
CWJ
AND COPYRIGHTOF SALIENTARCHTTECTS, LLC.
LEWISBURG, PA 17837 FOR EXCLUSWE USE BYTHE TITLE CLIENT ONLY.
T: (201) 567 -0032 F: (201) 567 -9556 1 ANY DUPLICATION OR USE WITHOUT EXPRESS
WRITTEN CONSENT OF SALIENT ARCHITECTS, LLD
www.salientassociates.com IS STRICTLY PROHIBITED,
MA I I I UCK, NY 11952
ELEVATION V [ G
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
PROPOSED LESSEE
GPS ANTENNA
PROPOSED LESSEE
EQUIPMENT PLATFO
(100 SQ. FT. LEASE A
PROPOSED LESSEE
POWER CABINET
PROPOSED LESSEE
CABLE PATHWAY TO
ANTENNA SECTORS (TYP)
^ ^ ^^ ^SEDLESSEE
:NT CABINET
PROPOSED
@EQUIPMENT LAYOUT PLAN 2'
SCALE: 1/2" = 1' -0 ,
SCALE: 1/2" = P -0"
SED LESSEE
Y CONDUITS
DM SERVICE
,TIONS (TYP)
PROPOSED
LESSEE
AUXILIARY
EQUIPMENT
I/ 6 -RRH AND
I -OVP TOTAL
SED LESSEE
TELCO BOX
111�'
NORTH
4-
LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION
CLIENT'
!RECORDOFREVISIONS
NEW SITE BUILD
DWG. NO:
p4O.
DATE
DESCRIPTION
INIT.
Salient
�rjy
A
3/24/21
PRELIMINARY
MISS
NYNYCO2219A
ARCHITECTS, LC
10th
WIRELESS
B
4/6/21
REVISED PER COMMENTS
CWJ
7055 MAIN ROAD
C
6128121
REVISED PER COMMENTS
CWJ
325 N. STREET
LEWISBURG, PA 17837
THIS DOCUMENT IS THE DESIGN. PROPERTY.
AND
FOR EXCLUSIVE USEBYTHC`iARCHITECTS, NTT`N�Y.
_
MATTITUCK, NY 11952
T: (201) 567 -0032 F: (201) 567 -9556
www.salientassociates.com
ANY DUPLICATION OR USE WITHOUT EXPRESS
NR EN CONSENT OF SALIENT ARCHITECTS.
95TRITYPRpHIBTSFq.
EQUIPMENT LAYOUT PLAN
SCj
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
SCHEDULE A -3 TO SLA
REDACTED PRIME AGREEMENT
[Attached Hereafter]
-Ifsc
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
1 LEASE AGREEMENT
3 THIS LEASE AGREEMENT ( "LEASE "), dated as of the latter of the signature dates below (the "Effective Date "), is made as of
4 this 2 day of �"cLS.t , 20t2 by and between LAUREL STONE SUPPLY PLUS INC -, a New York corporation having
5 an address at 6865 & 7055 MAIN RD MATTITUCK, NEW YORK, 11952 ( "lessor ") and ELITE TOWERS, LP, a Pennsylvania
6 limited partnership, having an address at 87 North Industry Court, Suite J, Deer Park, NY 11729 ( "LESSEE ").
7
WHEREAS, Lessor is the owner or holds the Leasehold interest in the property located (lease address] in New York
9 as more particularly described In Exhibit A annexed hereto and made a part hereof (the "Site "); and
10
11 WHEREAS, Lessee will enter into an agreement (the "Subleases ") with wireless telecommunication providers, to
12 provide and secure broadband wireless service ( "Wireless Services "); and
13
14 WHEREAS, Lessee desires to have an exclusive Lease from Lessor of a certain portion of the Site in order to install
15 and construct certain communications facilities for Lessee's sole and exclusive use, as more particularly described herein.
16
17 1. OPTION TO LEASE:
18
19 A. Lessor grants to Lessee an option (the "Option ") to lease a certain portion of the Property containing
20 approximately 2,500 square feet including the air space above such room /cabinet/ground space as described on attached
21 Exhibit B, together with unrestricted access for Lessee's uses from the nearest public right -of -way along the Property to the
72 Premises as described on the attached Exhibit B.
73
24 B. During the Option period and any extension thereof, and during the term of this Agreement, Lessee and its agents,
25 engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct
26 soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or
27 studies of the Property (collectively, the "Tests "), to apply for and obtain licenses, permits, approvals, or other relief
2$ required of or deemed necessary or appropriate at Lessee's sole discretion for its use of the Premises and include, without
29 limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits
30 (collectively, the "Government Approvals "), initiate the ordering and /or scheduling of necessary utilities, and otherwise to
31 do those things on or off the Property that, in the opinion of Lessee, are necessary In Lessee's sole discretion to determine
32 the physical condition of the Property, the environmental history of the Property, Lessor's title to the Property and the
33 feasibility or suitability of the Property for Lessee's Permitted Use, all at Lessee's expense. Lessee will not be liable to
34 Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Property, whether or
3 not such defect or condition is disclosed by Lessee's inspection. Lessee will restore the Property to its condition as it
36 existed at the commencement of the Option Term (as defined below), reasonable wear and tear and casualty not caused by
37 Lessee excepted. In addition, Lessee shall indemnify, defend and hold Lessor harmless from and against any and all injury,
38 loss, damage or claims arising directly out of Lessee's Tests.
39
40 C. In consideration of Lessor granting Lessee the Option, Lessee agrees to pay Lessor the sum of
within thirty (30) business days of the Effective Date. The Option will be for an initial term of two
(2) years commencing on the Effective Date (the "Initial Option Term ") and may be renewed by Lessee for an additional two
43 (2) years upon written notification to Lessor and the payment of an additional
44 no later than ten (10) days prior to the expiration date of the Initial Option Term.
45
46 D. The Option may be sold, assigned or transferred at any time by Lessee to Lessee's parent company or member if
47 Lessee is a limited liability company or any affiliate or subsidiary of, or partner in, Lessee or its parent company or member,
48 or to any third party agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or
49 transferred without the written consent of Lessor, such consent not to be unreasonably withheld, conditioned or delayed.
50 From and after the date the Option has been sold, assigned or transferred by Lessee to a third party agreeing to be subject
51 to the terms hereof, Lessee shall immediately be released from any and all liability under this Agreement, including the
52 payment of any rental or other sums due, without any further action.
53
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
HSI3
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
E. During the Initial Option Term and any extension thereof, Lessee may exercise the Option by notifying Lessor in
writing. If Lessee exercises the Option then Lessor leases the Premises to the Lessee subject to the terms and conditions of
this Agreement. If Lessee does not exercise the Option during the Initial Option Term or any extension thereof, this
Agreement will terminate and the parties will have no further liability to each other.
F. If during the Initial Option Term or any extension thereof, or during the term of this Agreement if the
Option is exercised, Lessor decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of
Lessors contiguous, adjoining or surrounding property (the "Surrounding Property," which includes (without limitation) the
remainder of the structure) or in the event of foreclosure, Lessor shall immediately notify Lessee in writing. Any sale of the
Property shall be subject to Lessee's rights under this Agreement. Lessor agrees that during the Initial Option Term or any
extension thereof, or during the Term of this Agreement if the Option is exercised, Lessor shall not initiate or consent to any
change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other restriction that
would prevent or limit Lessee from using the Premises for the uses intended by Lessee as hereinafter set forth in this
Agreement.
2. LEASED SPACE AND PREMISES: Lessor shall lease, and hereby leases, to Lessee approximately 2500 square feet of
space as depicted in Exhibit A attached hereto (the "Leased Space ") within the property commonly known as 6865 & 7055
MAIN RD MATTITUCK, NEW YORK, 11952 County, tax map parcel/ property identification number S1000- 125- 00- 01- 00 -019-
004 and S1000- 122- 00 -06 -00- 035 -004 and located in the Town of Southold with the legal description set forth in Exhibit B
attached hereto ( "Premises "). Lessor also hereby grants to Lessee the right to survey the Leased Space at Lessee's cost.
The survey will automatically replace Exhibit A and be made a part hereof. The Leased Space legal access and utility
easement set forth in the survey will replace any parent parcel description set forth in Exhibit B as soon as it becomes
available. In the event of any discrepancy between the description of the Leased Space contained herein and the survey,
the survey will control. The Leased Space will be utilized to construct, support and operate a wireless communications
facility, including a communications tower, antennas, cables, and related structures and improvements (collectively the
"Structures "), including the uses as permitted and described in Section 7 of this Lease and for any other purpose with the
Lessor's prior written consent which shall not be unreasonably withheld or delayed.
3. PERMITTED USE:
A. The Leased Space may be used by Lessee solely for the transmission and reception of radio
communication signals and for the construction, installation, operation, maintenance, repair, removal or
replacement of related facilities, including, without limitation, tower /monopole /flagpole and foundation,
antennas, lines, microwave dishes, equipment shelters and /or cabinets and related equipment
( "Facilities ").
B. Lessee, at Lessee's expense, may use any and all appropriate means of restricting access to the Leased
Space, including, without limitation, the construction of a fence.
C. Lessee must, at Lessee's sole expense, comply with all laws, orders, ordinances, regulations and directives
of applicable Federal, State, County, and Municipal authorities or regulatory agencies, including the
Federal Communications Commission ( "FCC "), relating to Lessee's use of the Leased Space as a
communications facility, including the installation of required warning signage.
D. Lessee and its agents, engineers, surveyors and other representatives will have the right to enter upon the
Premises to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency
testing and other geological or engineering tests or studies of the Premises (collectively, the "Tests "), to
apply for and obtain agreements, permits, approvals, or other relief required of or deemed necessary or
appropriate at Lessee's sole discretion for its use of the Leased Space and include, without limitation,
applications for zoning variances, zoning ordinances, amendments, special use permits, and construction
permits (collectively, the "Government Approvals "), initiate the ordering and /or scheduling of necessary
utilities, and otherwise to do those things on or off the Premises that, in the opinion of Lessee, are
necessary in Lessee's sole discretion to determine the physical condition of the Premises, the
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
HS9
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
environmental history of the Premises, Lessor's title to the Premises and the feasibility or suitability of the
Leased Space for Lessee's Permitted Use, all at Lessee's expense_ Lessee will not be liable to Lessor or any
third party on account of any pre- existing defect or condition on or with respect to the Premises, whether
or not such defect or condition is disclosed by Lessee's inspection. Upon completion of the Tests, Lessee
will restore the Premises to its condition as it existed at the commencement of the Tests, reasonable wear
and" tear and casualty not caused by Lessee excepted. In addition, Lessee shall indemnify, defend and
hold Lessor harmless from and against any and all injury, loss, damage or claims arising directly out of
Lessee's Tests.
Neither Lessor, nor its successors or its assigns, will use or suffer or permit another person, corporation,
company, or other entity to use the Premises or any adjacent parcel of land now or hereafter owned,
leased or managed by Lessor, its successors or assigns, for the uses permitted herein or other uses similar
thereto.
TERM:
A. The term of this Agreement shall be ten (10) years, commencing on the date of commercial operation of
the Lessee's Site ( "Commencement Date ").
3, This Lease shall be automatically renewed for Eight (8) additional terms (each "Extension Terms ") of five
(5) years each, unless Lessee provides Lessor with written notice of Lessee's intention not to renew this
LEASE not less than ninety (90) days prior to the expiration of the Initial Term or the any Extension Term.
C. If Lessee remains in possession of the Leased Space after the termination of this Lease, then Lessee will be
deemed to be occupying the Leased Space on a month -to -month basis ( "Holdover Term "), subject to the
terms and conditions of this Lease.
E. The Initial Term, Extension Term, and Holdover Term are collectively referred to as the Term ( "Term ").
5. FEES:
A. Lessee shall pay Lessor, a monthly Base rent of
( "Lease Fee ")
whichever is greater. If the Initial Term initial term or any Renewal Term renewal term does not begin on
the first day or end on the last day of a month, the Lease Fee for that partial month will be prorated by
multiplying the monthly Lease Fee by a fraction, the numerator of which is the number of days of the
partial month included in the Initial Term or Renewal Term and the denominator of which is the total
number of days in the full calendar month.
B. Beginning with second year of the Initial Term of the base rent, and each year thereafter, including
throughout all Extension Terms and Holdover Terms, the Lease Fee shall be increased by-
- over the previous year's Lease Fee.
TERMINATION:
A. Lessee shall have the right to terminate this Lease (i) upon not less than ninety (90) days' notice to Lessor,
at any time; and (ii) upon not less than thirty (30) days' notice to Lessor, if (a) any Governmental Approval
required for Lessee's use of the Leased Space is rejected or withdrawn (notwithstanding Lessee's diligent
efforts to obtain and /or maintain such Governmental Approval), (b) Lessor shall default in any of its
obligations hereunder, including, without limitation any obligation to maintain and repair the Premises or
the Leased Space, (c) if any equipment installed on the Premises after the Commencement Date
unreasonably interferes with Lessee's equipment installed on the Leased Space (d) Lessee determines that
technical problems or radio interference problems from other antennas or from nearby radio transmitting
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
3-CsG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
facilities, which problems cannot reasonably be corrected, impair or restrict Lessee from using the Leased
Space for Lessee's intended purpose; (e) Lessee determines that it does not have acceptable and legally
enforceable means of ingress and egress to and from the Leased Space; (f) Lessor does not have legal or
sufficient ownership of or title to the Leased Space or Premises or the authority to enter into this Lease;
(g) utilities necessary for Lessee's contemplated use of the Leased Space are not available; (h) the Leased
Space is damaged or destroyed to an extent which prohibits or materially interferes with Lessee's use of
the Leased Space or Lessee's equipment and attachments thereto; (i) the Premises now or hereafter
contains a Hazardous Material; (j) Lessee is unable to obtain a Subordination, Non - disturbance and
Attornment Agreement; (k) a material default by Lessor occurs; (1) Lessor fails to perform any of the
material covenants or provisions of this Lease or if any representation or warranty contained herein is
found to be untrue; (m) the Leased Space is the subject of a condemnation proceeding or taking by a
governmental authority, or quasi - governmental authority with the power of condemnation, or if the
Leased Space is transferred in lieu of condemnation (rent will be abated during the period of
condemnation or taking); (n) if Lessee determines, in its sole discretion, that it will be unable to use the
site for any reason. In the event of termination by Lessee pursuant to this provision, Lessee will be
relieved of all further liability hereunder. Any rental fees paid prior to the termination date will be
retained by Lessor. In the event Lessor fails to perform its obligations under this Lease for any reason
other than Lessee's breach, Lessee may pursue all remedies available at law and in equity. Lessor hereby
acknowledges that Lessee will incur significant expenses in reliance on this Lease, and therefore agrees to
pay Lessee for all consequential damages which Lessee will suffer as a result of Lessor's breach.
ACCESS:
A. Before the Commencement Date of this Lease, Lessee shall have access to the Site to conduct the Tests.
B. In connection with the construction and installation of Lessee's Facilities Lessee shall have access to
Lessor's electric power and telephone lines, together with any other necessary connecting appurtenances,
as well as any easement necessary to connect the foregoing services to Lessee's Facilities.
C. At all times during the Term of this Lease, Lessee shall have twenty -four (24) hour per day, seven (7) day
per week access to the Site for the construction, installation, maintenance, replacement, modification,
upgrade, operation, and removal of Lessee's Facilities as necessary or desirable to provide the Wireless
Service.
8. CONSTRUCTION AND ALTERATION:
A. Prior to the commencement of initial construction and any subsequent material alteration of the
communications facilities, Lessee must submit to Lessor work plans, including any subsequent additions
or revisions, (collectively, "Plans ") for Lessor's approval. Lessor must approve all such Plans by written
response to Lessee within five (5) days following receipt of the Plans from the Lessee. If Lessor fails to
provide a written response within five (5) days following receipt of the Plans from Lessee, the Plans shall
be deemed accepted by Lessor.
B. Lessee's construction, installation, maintenance, replacement, modification, upgrade, operation, and
removal of communications facilities on the Leased Premises must meet or exceed standards for such
work.
C. Lessee shall install its own electrical utilities and meter at Lessee's expense, and may improve the present
utilities on the Premises as may be necessary. Lessor agrees to use reasonable efforts in assisting Lessee
to acquire necessary utility service. Lessee shall install separate meters for utilities used on the Leased
Space by Lessee. Lessee shall have the right to install necessary conduits from the Leased Space to the
point of connection within the Premises. Following installation of a separate meter Lessee shall receive
monthly utility bills directly from utility provider.
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
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9. INTERFERENCE: Lessor shall not, and shall not permit others, to install new equipment or make changes to
existing equipment at the Site if such installations or changes will cause interference with Lessee's operations at the Site. In
addition, Lessor agrees that all telecommunications agreements affecting the Site entered in after the Effective Date of this
Lease, which authorize persons to engage in communications transmission activities in or about the Site, shall require that
such activities be conducted in a manner which will avoid interference with the permitted use by Lessee from the Site. In
the event any such interference occurs, Lessor shall cause such interference to be eliminated within twenty -four (24) hours
after notice of such interference. In the event that any such interference does not cease within twenty -four (24) hours
after Lessee gives Lessor notice of such interference, then such interference will be deemed to unreasonably interfere with
Lessee's equipment installed on the Leased Space and Lessee will have the right, in addition to any other rights Lessee may
have at law or in equity, for Lessor's material breach of this Lease, to elect to enjoin such interference or to terminate this
Lease upon written notice to Lessor in accordance with Paragraph 6 of this Lease.
10. APPROVALS: Lessee shall obtain all Leases, permits, certificates and other approvals required by federal, state or
local authorities for the foregoing uses and improvements to the Leased Space ( "Governmental Approvals "). Lessor agrees
to cooperate with Lessee in Lessee's efforts to obtain the Governmental Approvals. Upon request from Lessor, Lessee shall
provide Lessor with a complete list of any and all application(s) required for a Government Approval filed by Lessee or its
agent, in connection with the occupancy and use of the Site as contemplated herein.
11. COVENANTS AND WARRANTIES:
A. Lessor covenants and warrants that: (i) Lessee or any transferee permitted hereunder, upon the payment
of the Lease Fee and performance of all the terms, covenants and conditions under this Lease, shall have,
hold and enjoy the Leased Space during the Term or any renewal or extension hereof. Lessor will take no
action that is not expressly permitted by this Lease Agreement that will interfere with Lessee's intended
use of the Leased Space, nor will Lessor fail to take any action or perform any obligation necessary to
fulfill Lessor's covenant to Lessee of quiet enjoyment in accordance herewith; (ii) no part of Lessee's
Facilities constructed, installed, maintained, replaced, modified, upgraded, or operated on the Leased
Space will become, or be considered as being affixed to or a part of, the Site, it being the specific intention
of the Lessor that all improvements of every kind and nature constructed or installed on the Leased Space
by Lessee will be and remain the property of the Lessee and may be removed by Lessee at any time on or
before termination or expiration of this Lease.
B. Lessee and Lessor warrant to each other that: (i) each has full right, power, and authority to enter into
this Lease; (ii) this making of this Lease and the performance thereof will not violate any laws, ordinance,
restrictive covenants, or other agreements under which such party is bound and does not require the
consent or approval of any person or party; (iii) each party is qualified to do business in the State of New
York; and (iv) all persons signing on behalf of each party were authorized to do so by appropriate action.
12. SUBORDINATION: If the Site is or becomes encumbered by a deed to secure a debt, mortgage, or other security
interest, Lessor shall use all reasonable efforts to provide Lessee within 60 days a mutually - agreeable Subordination, Non -
Disturbance and Attornment Agreement.
13. REPAIRS AND MAINTENANCE: Lessee shall, at Lessee's sole expense, keep and maintain the Leased Space in good
condition, reasonable wear and tear and damage from the elements excepted. Lessor shall maintain and repair the Site
and access thereto in good condition, subject to reasonable wear and tear and damage from the elements. If Lessee is
unable to use the Leased Space because of required repairs on the Leased Space, then, in addition to any rights that Lessee
may have pursuant to Paragraph 5 (A)(c) of this LEASE, Lessee may immediately and temporarily install on the Leased Space
or an unused portion of the Site, Lessee's Facilities while Lessor makes repairs to the Leased Space. Lessee may temporarily
install Lessee's Facilities on an unused portion of the Site designated by Lessee, subject to Lessor's consent, which may not
be unreasonably withheld.
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
14. WAIVER OF LIENS:
A. Lessee will not subject Lessor's interest in the Site to any mechanic's lien or any other lien whatsoever. If
any mechanic's lien or other lien, charge or order for payment of money will be filed as a result of the act
or omission of Lessee, Lessee will cause such lien, charge or order to be discharged or appropriately
bonded or otherwise reasonably secured ( "Secured ") within thirty (30) days after notice from Lessor
thereof. Lessee shall indemnify and hold Lessor harmless from all liabilities and costs to the extent
resulting directly from Lessee's failure to timely secure same.
B. Lessor will not subject Lessee's interest in the Lessee Facilities to any mechanic's lien or any other lien
whatsoever. If any mechanic's lien, other lien, charge or order for payment of money will be filed as a
result of the act or omission of Lessor, Lessor will cause such lien, charge or order to be discharged or
appropriately bonded or otherwise reasonably secured ( "Secured ") within thirty (30) days after notice
from Lessee thereof. Lessor shall indemnify and hold Lessee harmless from all liabilities and costs to the
extent resulting directly from Lessor's failure to timely secure same.
15. TAXES:
A. Lessee shall be solely responsible and shall timely pay all personal property taxes levied and assessed
against it or its Facilities. Lessor shall pay all taxes assessed against the Site except in the event that an
increase in the real property taxes of the Site is directly attributable to Lessee's Facilities only for so long
as the Lease remains in effect. Lessee shall then pay that portion of the real property taxes. Lessor shall
timely submit a copy of the tax bill and request for reimbursement to the Lessee.
B. Lessor shall, within seven (7) days of receipt of notice of any increase in taxes, assessments, or other
charges, send a copy of such notice by certified mail, return receipt requested, to Lessee. If Lessor fails to
give Lessee such notice as set forth above, Lessor will be responsible for payment of any increases and
Lessee shall have the option to pay the same and deduct such payment from Lease Fee or any other sums
next due. At the request of either Lessee or Lessor, the other shall provide evidence of payment of taxes.
16. INDEMNIFICATION:
A. Lessee agrees to indemnify, defend and hold Lessor harmless from and against any and all injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable
attorneys' fees and court costs but excluding personal property taxes) arising directly from (i) the
installation, use, maintenance, repair or removal of the Facilities or (ii) Lessee's breach of any provision of
this Lease Agreement, except to the extent attributable to the negligent or intentional act or omission of
Lessor or any of its employees, agents or independent contractors.
B. Lessor, agrees to indemnify, defend and hold Lessee harmless from and against any and all injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable
attorneys' fees and court costs but excluding real property or personal property taxes) arising directly out
of (i) any act or omission of Lessor, or (ii) any breach by Lessor of any provision of this Lease Agreement,
except to the extent attributable to the negligent or intentional act or omission of Lessee, its employees,
agents or independent contractors.
C. Notwithstanding anything to the contrary in this Lease, Lessee and Lessor each waive any claims that each
may have against the other with respect to consequential, incidental, or special damages.
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952 6
3-CSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
17. INSURANCE:
A. Lessee must, during the Term of this Lease, at Lessee's sole expense, obtain and keep in -force the
following insurance: (i) "All-risk" property insurance for an amount equal to ninety (90 %) percent of the
replacement cost of Lessee's Facilities; (ii) commercial general liability insurance with a minimum limit of
liability of one (1) million Dollars ($1,000,000) combined single limit and three (3) million Dollars
($3,000,000) in aggregate, inclusive of any excess/ umbrella liability coverage, for bodily injury and /or
property damage together with an endorsement for contractual liability, naming Lessor as additional
insureds; and (iii) Workers' Compensation Insurance as required by law.
B. Lessor must, during the Term of this Lease, at Lessors sole expense, obtain and keep in -force the
following insurance: (i) "All-risk" property insurance for an amount equal to ninety (90%) percent of the
replacement cost of Site (excluding the cost of Lessee's Facilities and Lessee's Equipment); and (ii)
commercial general liability insurance with a minimum limit of liability of one (1) million Dollars
($1,000,000) combined single limit and three (3) million Dollars ($3,000,000) in aggregate, inclusive of any
excess/ umbrella liability coverage, for bodily injury and /or property damage together with an
endorsement for contractual liability, naming Lessee as additional insureds. Lessor is required to provide
notice to Lessee in the event any insurance coverage required herein is terminated or the amount of
coverage is reduced below the amounts set forth herein at Lease thirty (30) days prior to the termination
or reduction.
C. All required insurance policies must be taken out with reputable national insurers that are licensed to do
business in the State of New York. Any insurance required of Lessee may be provided by a blanket
insurance policy covering the Leased Space and other locations of Lessee's, provided that such blanket
insurance complies with all of the other requirements of this Lease with respect to the type and amount
of insurance required and provided that the insurance carrier is required to provide notice to Lessor in the
event that the blanket insurance coverage is terminated or the amount is reduced below the amounts set
forth herein.
D. The Lessee and Lessor will deliver to the other certificates of insurance as soon as practicable after the
placing of the required insurance, but not later than the Commencement Date of this Lease. The Lessee
and Lessor will also deliver to the other copies of their respective renewal certificates at least thirty (30)
days prior to the expiration thereof.
18. CASUALTY: Lessor will provide notice to Lessee of any casualty affecting the Site within forty -eight (48) hours of
the casualty. If there is a casualty to the Leased Space, Lessee, at Lessee's sole cost and expense, may temporarily install
Lessee's Facilities on an unused portion of the Site designated by Lessee, subject to Lessors consent, which shall not be
unreasonably withheld, while Lessor makes repairs to the Leased Space. Upon completion of such repair or restoration,
Lessee is entitled to reinstall Lessee's Facilities. In the event that such repairs or restoration will reasonably require more
than sixty (60) days to complete, Lessee shall have the right to terminate this Lease upon thirty (30) days prior written
notice, in which event the Term shall be deemed to have terminated on the date of the casualty. Notwithstanding the
foregoing, in the event the Site is totally or substantially destroyed, Lessor may at its discretion, within sixty (60) days, notify
Lessee of Lessors intent not to restore /rebuild the Site, in which event this Lease will be deemed to have been terminated
on the date of the casualty. Upon termination of this Lease pursuant to this Paragraph 17, the Lease Fee shall be
apportioned and any portion of the Lease Fee paid in advance for any period after such date shall be refunded by Lessor to
Lessee.
19. CONDITIONS ON SURRENDER: On or before termination or expiration of this Lease Agreement, Lessee shall
remove the Facilities and any alterations, additions or improvements installed in or about the Leased Space, and Lessee
shall repair any damage caused by such removal, and shall otherwise surrender the Leased Space at the expiration of the
term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear and acts
of God excepted. Lessee shall not be required to remove foundations more than two feet below grade.
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATUTUCK, NEW YORK, 11952 �
3-CSC�
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
20. ENVIRONMENTAL:
A. Lessor represents and warrants that the Site is free of hazardous substances as of the date of this Lease,
and, to the best of Lessor's knowledge, the Site has never been subject to any contamination or
hazardous conditions resulting in any environmental investigation, inquiry, or remediation.
B. Lessee agrees that it will be responsible for compliance with any and all environmental and industrial
hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities
regulating or imposing standards of liability or standards of conduct with regard to any environmental or
industrial hygiene condition or matters as may now or at any time hereafter be in effect, that are now or
were related to its activity conducted in, or on the Leased Space.
C. Lessee agrees to hold harmless and indemnify Lessor from and to assume all duties, responsibilities, and
liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties,
sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order,
summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply
with any environmental or industrial hygiene law, including without limitation any regulations, guidelines,
standards or policies of any governmental authorities regulating or imposing standards of liability or
standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may
now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or
are in any way related to the condition of the Leased Space or activities conducted by Lessee thereon,
unless the environmental conditions are caused by the Lessor.
D. The provisions of this Paragraph shall survive the expiration or termination of this Lease.
21. DEFAULT:
A. In the event either party shall fail to comply with any of the provisions of this Lease or shall default in any
of its obligations under this Lease, the non - defaulting party may, at its option, terminate this Lease
provided written notice of such default in accordance with the provisions of this Lease has been given and
the defaulting party has failed to cure the same within fifteen (15) days with respect to the failure to pay
any monies; or, with respect to the failure to perform or comply with any non - monetary obligations
hereunder, the defaulting party has failed to cure within sixty (60) days or, in the event that the default is
not capable of being cured within sixty (60) days, then commence to cure within sixty (60) days and has
failed to diligently proceed to cure. No such failure to cure a material default, however, will be deemed to
exist if Lessee has commenced to cure such default within said period and provided that such efforts are
prosecuted to completion with reasonable diligence. Delay in curing a material default will be excused if
due to causes beyond the reasonable control of Lessee.
B. In addition, except in an emergency, Lessor will not cure any alleged default by Lessee until after the
expiration of Lessee's time to cure such default as provided herein above and then only if Lessee has
failed, during such period, to cure such default or perform such act. If Lessor shall cure the default of
Lessee pursuant to the foregoing, then Lessor shall submit a bill for the actual cost of affecting such cure
(together with creditable, supporting documentation) and same shall be paid promptly upon receipt.
22. ASSIGNMENT AND SUBLETTING:
A. Lessee shall have the right to assign this Lease or Sublease the Facilities, without the prior consent of
Lessor. Lessee shall provide Lessor with written notice of any such assignment. With prior notice to
Lessor, Lessee may collaterally assign and grant a security interest in Lessee's Facilities from time to time
in favor of any holder of indebtedness borrowed by Lessee ( "Lender "), whether now or hereafter existing.
B. Lessor agrees to allow Lender the opportunity to remedy or cure any monetary default as provided for in
the Agreement.
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
ti
'Jf_St�
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
425
426
427 23. TRANSFER BY LESSOR: Lessor shall have the right to freely transfer and assign all of its rights and obligations under
428 this Lease and in the Site as part of a transfer of the Site, and no further liability or obligation shall thereafter accrue against
429 Lessor under this Lease, provided that any such transferee shall have fully assumed and be liable for obligations under this
430 Lease.
431
432 24. TRANSFER WARRANTY: During the term of this Agreement, Lessor covenants and agrees that it will not grant,
433 create, or suffer any claim, lien, encumbrance, easement, restriction, or other charge or exception to title to the Leased
434 Space without the prior written consent of Lessee. Upon Lessee's prior written consent, Lessor may sell, lease, transfer,
435 grant a perpetual easement or otherwise convey all or any part of the Leased Space to a transferee and such transfer shall
436 be under and subject to this Agreement and all of Lessee's rights hereunder. It is agreed that in no event will Lessor allow
437 any sale, lease, transfer, or grant of easement that adversely affects Lessee's rights under this Agreement. In the event
438 Lessor receives a bona -fide offer from a third party to purchase Lessor's right, title and interest in the Lease Fees payable by
439 Lessee, or its successors and assigns, whether by creation of an easement or sale containing the Leased Space or otherwise,
440 Lessor shall first give Lessee the opportunity to match any such offer received. Lessee shall have 20 business days to
441 respond to notice of an offer and failure to respond within such time shall be deemed rejection of the offer. In the event
442 that Lessee notifies Lessor of its intent to match the offer, the price to be paid by Lessee shall be one hundred and two
443 percent (102%) of the offer price of which Lessor gave Lessee notice.
444
445 25. NOTICES: All documents, notices and demands required hereunder must be in writing and sent by (a) prepaid
446 overnight courier, (b) personal delivery, or (c) certified mail, return receipt requested, and shall be deemed delivered three
447 (3) business days after mailing, or if given by overnight courier or personal delivery, on the date accepted or refused at the
448 address to which sent if addressed as follows (or to any other address that either party may designate in writing by like
449 notice to the other party):
450
451 If to Lessor:
452
453 With a copy to:
454 LAUREL STONE SUPPLY PLUS INC.
455 6865 MAIN RD
456 MATTITUCK, NEW YORK, 11952
457
458 If to Lessee:
459 Elite Towers, L.P.
460 87 North Industry Court
461 Suite 1
462 Deer Park, NY 11729
463
464 With a copy to:
465 Elite Towers, LP
466 5 Great Valley Parkway
467 Suite 333
468 Malvern, PA 19355
469
470 26. CONDEMNATION: In the event of any actual or contemplated condemnation of the Leased Space or affecting the
471 Leased Space, Lessor must send written notice to Lessee within ten (10) days. In the event of any actual or contemplated
472 condemnation, Lessee may terminate this Lease upon thirty (30) days written notice to Lessor if such condemnation
473 prevents Lessee's operations at the Facilities for more than forty five (45) days. Any such notice of termination shall cause
474 this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as
475 the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with
476 respect to payments due to the other under this Lease.
477
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
Hs(3
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
27. COORDINATION OF OPERATION: Lessor shall endeavor to give Lessee notice of any repairs, alterations, additions
or improvements to be made with respect to the maintenance and operation affecting the Leased Space or of any planned
shutdowns associated with the Property for scheduled or routine maintenance that may materially and adversely affect the
operation of Lessee's communications facility (except in the case of emergency where advance written notice cannot
reasonably be given, in which event, Lessor shall give Lessee telephonic notice at a number previously provided by Lessee
to Lessor.
28. TITLE REPORT; RECORDING OF LEASE: Lessee shall have the right to order a title search of the Site at Lessee's sole
cost and expense and Lessor shall use commercially reasonable efforts to cooperate with any such search. Lessee shall
have the right to record a memorandum of this Lease Agreement.
29. BROKERS: Lessee and Lessor each hereby represents to the other than it has not dealt with any real estate broker,
finder or other agent in connection with the negotiation of this Lease or any agreements contemplated hereby. In the event
a real estate broker, finder or other agent is used in connection with the negotiation of this Lease, then Lessor shall be
obligated to pay all costs and fees in connection therewith.
30. PARTIES BOUND BY LEASE: This Lease shall extend to, and be binding upon, the heirs, executors, administrators,
successors and assigns of the parties hereto.
31. GOVERNING LAW: This Lease and the performance hereunder shall he governed, interpreted and construed under
the laws of the State of New York.
32. OBSTRUCTION: Lessee agrees that no portion of the sidewalks, entries, vestibules, halls, elevators, or ways of
access to public utilities of the Property shall be obstructed by Lessee or used for any purpose other than for ingress and
egress to and from the Leased Space.
33. ADVERTISEMENTS: Lessee shall not use the name of Lessor in any advertisement or in any other written or oral
communication. Lessee shall not post or exhibit or allow to be posted or exhibited any advertisements, show bills,
lithographs, posters, cards or flyers of any description on any part of the Leased Space without prior written approval of
Lessor.
34. RELATIONSHIPS OF THE PARTIES: Nothing contained herein, nor any act of the parties shall be construed as
creating a partnership, joint venture or association of any kind. The only relationship intended to be created by this Lease is
that of Lessee and Lessor. Lessee shall in no way represent to others, either orally, in writing, or in advertisements or
promotional material of any kind that there is any relationship other than Lessor and Lessee between the parties.
35. LEGAL FEES: If any party institutes a legal proceeding to enforce its rights arising under this Lease, the prevailing
party in such legal proceeding as finally determined shall have the right to recover from the unsuccessful party the
reasonably out -of- pocket costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements)
that the prevailing party actually incurred in connection therewith.
36. MISCELLANEOUS:
A. Amendment /Waiver: This Lease cannot be amended, modified or revised unless done in writing and
signed by an authorized agent of the Lessor and an authorized agent of the Lessee. No provision may be
waived except in a writing signed by both parties.
B. Interpretation: Unless otherwise specified, the following rules of construction and interpretation apply:
(i) captions are for convenience and reference only and in no way define or limit the construction of the
terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but
not limited to "; (iii) whenever a party's consent is required under this Agreement, except as otherwise
stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld,
conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
;fl5[3
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
531 reference. into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable;
532 and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods.
533
534 C. Estoppel: Either party will, at any time upon twenty (20) business days prior written notice from the
535 other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this
536 Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such
537 modification and certifying this Agreement, as so modified, is in full force and effect) and the date to
538 which the Lease Fee and other charges are paid in advance, if any, and (ii) acknowledging that there are
539 not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or
540 specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any
541 prospective purchaser or encumbrance of the Leased Space or Premises. The requested party's failure to
542 deliver such a statement within such time will be conclusively relied upon by the requesting party that (i)
543 this Agreement is in full force and effect, without modification except as may be properly represented by
544 the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more
545 than one month's Lease Fee has been paid in advance.
546
547 D. No Electronic Signatures /No Option: The submission of this Agreement to any party for examination or
548 consideration does not constitute an offer, reservation of or option for the Premises based on the terms
549 set forth herein. This Agreement will become effective as a binding Agreement only upon the
550 handwritten legal execution, acknowledgment and delivery hereof by Lessor and Lessee.
551
552 37. ENTIRE AGREEMENT: This Lease and the exhibits attached hereto, all being a part hereof, constitute the entire
553 Lease of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject
554 matter of this Lease.
555
556 (Signatures follow on the next page)
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952 I I
.7 -CSC
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
557 IN WITNESS WHEREOF, the parties have hereunto set their hand and sea[ as of the date first above written.
558
559 LESSOR: LAUREL STONE SUPPLY PLUS INC.
560 %f-Z�A
561 By:
562 Name: EDWARD R. SCHMIDT
563 Title: P r LS
564 Date: -
565
566 LESSEE: ELITE TOWERS, LP
567 By: CMET, LLC, its general partner
568 _
569 By:
y
570 Name: David U. Lee
571 Title: Managing Member
572 Date: ,t z,l ► ?i
573
574
575
576
577
578
579
580
581
582
583
584
585
586
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
:I•l5� `�
DocuSign Envelope ID: 26CDO62C- 7BCE- 4D41- 8D87- 59E2993DA4CA
587
588 LESSOR ACKNOWLEDGEMENT:
589
590 STATE OF NEW YORK }
591 } SS.:
592 COUNTY OF SUFFOLK )
593
594 On the day of�l�L' 20��efore me, the undersigned, personally appeared EDWARD R.
595 SCHMIDT, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
596 subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that
597 by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed
598 the instrument.
599 I 'r NvA N5aR61 1,
600 i 14 AWPUE`r! "•ST;TEOF h_W4YORK Notary Public:
601 Q, 01 i° "r5 My Commission Expires: I I If) i
GUALIF0I;I:11JFF0 �C00 _ Y
602 VY COA!M!SSIO 4 EXPIRES OCTOBER 15, 20��
603
604 LESSEE ACKNOWLEDGEMENT:
605
606 STATE OF 6M1
607 SS.:
608 COUNTY OF C 3,� )
609 �� �`�
610 On the l.- day of I U r20 /%-efore me, the undersigned, personally appeared Davit! U. Lee
611 personally known to me or proved to rise on the basis of satisfactory evidence to be the individual whose name is
612 subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that
613 by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed
614 the instrument.
615 - --= -"
616 213MMCNWEALTH OF FENNSYLVAN:- Notary Public:
617 NOTARIAL SEAL My Commission Expires: v 2
618 SUEANN COX- NOTARY PUBLIC%
619 East Whiteland Twp., Chester County:
MY COMMISSION EXPIRES DEC. 30.201 2,
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952
3-LSC3
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
620 EXHIBIT A
621 DESCRIPTION OF THE LEASED SPACE OR PREMISES
622
623 Drawing labeled LE -1 is attached hereto and incorporated herein.
624
625 The Leased Space or Premises is described and /or depicted as follows:
626
627
628
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATrITUCK, NEW YORK, 11952
9
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DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
629 EXHIBIT B
630 DESCRIPTION OF THE SITE
631
632 S1000- 125- 00- 01 -00 -019 -004 & 51000- 122- 00- 06 -00- 035 -004 on the tax map of Suffolk County, New York, more commonly
633 known as 6865 & 7055 MAIN RD MAMTUCK, NEW YORK, 11952
634
635 The Site described and /or depicted as follows:
636
c1:6 ivl ivwo .
Beginning at a point on the northerly side of Main Road where
the same is intersected by the westerly side of land now or
formerly of Saland and from said point of beginning;
Running thence along the northerly side of Main Road in a
westerly direction the following two courses and distances:
1) South 52 degrees 39 minutes 00 seconds west a distance of
34.31 feet;
2) South 52 degrees 56 minutes 30 seconds west a distance of
116.50 feet;
Running thence north 25 degrees 52 minutes 30 seconds west a
distance of 405.14 feet to the southerly side of land of Long
j Island Railroad;
J Running thence easterly along the southerly side of land of the
Long Island Railroad, North 45 degrees 27 minutes 30 seconds
east a distance of 155.09 feet;
Running,}e�nce south 26 degrees 00 minutes 30 seconds east, a
distaq� '4.5.37 feet to the point or place of beginning:
637
638
639
BEGINNING at a oc;n, on the southeasterly line of land of tre Long Island
Railroad Company. vrhere it irtersects the eastery boundary line of Carl Besch,
being about '200 feet easterly fro n, the point vmere said Long Island Railroad
crosses the Mai- Road (Route 25):
RUNNING THENCE along said land of Lora island Railroad Company, South
degrees 43 miiutes 50 seco -ds East, 176.50 feet to the westerly line of a 50 foot
vnde ron- exclus ve easement:
THENCE South 37 degrees 58 minutes 40 seconds East, 439.35 feet to Main
(State) Road along the westerly Itne of the non- exclusive easement; and
THENCE along said rorhwes :erly line cf the Blain Road, hvo cocrses and
distances, as Foh vvs,
1) South 52 degrees 01 minute 20 seconds West, 105.28 feet;
THENCE 2) South 51 degrees 55 msnutes 20 seconds West, 37,72 feet to
land of Ritzer, formerly Kers-oveski;
THENCE along said land cf Ritzer, three courses and distances, as follows;
1; Nortr 34 decrees 14 r- in utes 40 seconcs kNest, 1310 feet to an iron piae;
THENCE 2) North 43 degrees 47 m'nutes 40 seconds West, 77. 0 feet to an
iron pipe,
THENCE 3) South 49 degrees 18 minutes 40 seconds Wes,, 75.0 feet to !a-7d
of Carl 3esch;
Site Name: LAURELSTONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952 t
7 LS
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
MEMORANDUM OF LEASE
Preeared by:
ELITE TOWERS, LP
87 N. Industry Ct., Ste. J
Deer Park, NY 11729
Return to:
ELITE TOWERS, LP
87 N. Industry CT., Ste. J
Deer Park, NY 11729
Re: Site Name# LAUREL STONE; Site Address: 6865 & 7055 MAIN RD MATTITUCK, NY, 11952 State: NY County: Suffolk
MEMORANDUM
OF
LEASE
This MEMORANDUM OF LEASE is made as of this t day of AUq u ST , 20)Z by and between LAUREL STONE
SUPPLY PLUS INC., New York corporation, having an address at 6865 & 7055 MAIN RD MATTITUCK, NEW YORK, 11952,
11779 ( "Lessor ") and ELITE TOWERS, LP, a Pennsylvania limited partnership, having an address at 87 North Industry Court,
Suite J, Deer Park, NY 11729 ( "Lessee ").
1. The term of this Agreement shall be ten (10) years, commencing on the date of commercial operation of
the Lessee's Site ( "Commencement Date ").
2. This Lease shall be automatically renewed for Eight (8) additional terms (each "Extension Terms ") of five
(5) years each, unless Lessee provides Lessor with written notice of Lessee's intention not to renew this
Lease not less than ninety (90) days prior to the expiration of the Initial Term or the any Extension Term.
3. The portion of the Site being Leased to Lessee (the "Leased Space or Premises ") is described in Exhibit A
annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as
amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby
ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the
provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding
upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
675
IN WITNESS WHEREOF, the parties have hereunto set their hand and seal as of the date first above written.
676
677
678
LESSOR: LAUREL STONE SUPPLY PL
679
By:
680
681
Name:
Title:
EDWARD R. SCHMIDT ll
C 1A LA htr
682
Date:
683
684
LESSEE: ELITE TOWERS, LP
By: CMET, LLC, its general
partner
685
By:
686
Name:
David U. Lee
687
Title:
Managing Member
688
Date:
Cg %L /I-?
1
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952 16
3-CsG
DocuSign Envelope ID: 26CDO62C- 7BCE- 4D41- 8D87- 59E2993DA4CA
689
690 LESSOR ACKNOWLEDGEMENT:
691
692 STATE OF NEW YORK
693 } SS.:
694 COUNTY OF SUFFOLK )
695 n
696 On the c�s day of c •-I 20 !69 20 me, the undersigned, personally appeared EDWARD R.
697 SCHMIDT, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
698 subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that
699 by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed
700 the instrument.
701
702 fiOiAR'f PIJB_ _ v < Notary Public: -
3
703 i' G - v My Commission Expires:
704 GU�':� =,:..� 1iJ r•:'a �,•+u•
My COMfdiaS Oij Ek -rintS 13;,TMER 15, 20
705
706 LESSEE ACKNOWLEDGEMENT:
707 pp. l
708 STATE OF uMwS' it tk c �. )
709 ) SS.:
710 COUNTY OF CkNQ S tr )
711.
712 On the day of 20L before me, the undersigned, personally appeared David U. Lee.
713 personally known to me or proved to me 6n �the basis of satisfactory evidence to be the individual whose name is
714 subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that
715 by his /her signature on the instrument, the individual, or the person upon behalf of Bch 1he individual acted, executed
716 the instrument.
717 _T
718 COMMONWEALTH OF PENNSYLVANIA Notary Public: -
719 NOTARIAL SEAL My Commission Expires:
720 SUEANN COX- NOTARY PUBLIC
721 East Whiteland Twp., Chester County,
MY COMMISSION WIRES DEC. 30, 2012
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTrrUCK, NEW YORK, 11952
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
722 EXHIBIT A
723 4
724 DESCRIPTION OF THE LEASED SPACE OR PREMISES
725
726 S1000- 125- 00- 01 -00- 019 -004 & S1000- 122- 00 -06 -00 -035 -004 on the tax map of Suffolk County, New York, more commonly
727 known as 6865 & 7055 MAIN RD MATTITLICK, NEW YORK, 11952
728
729 The Leased Space or Premises is described and /or depicted as follows:
730
G* LU.LA vwo .
Beginning at a point on the northerly side of Main Road where
the same is intersected by the westerly side of land now or
formerly of Saland and from said point of beginning;
Running thence along the northerly side of Main Road in a
westerly direction the following two courses and distances:
1) South 52 degrees 39 minutes 00 seconds west a distance of
34.31 feet;
2) South 52 degrees 56 minutes 30 seconds west a distance of
116.50 feet;
Running thence north 25 degrees 52 minutes 30 seconds west a
distance of 405.14 feet to the southerly side of land of Long
Island Railroad;
Running thence easterly along th.e southerly side of land of the
Long island Railroad, Borth 45 degrees 27 minutes 30 seconds
east a .distance of 155.09 feet;
Runnirig,,`Y ence south 26 degrees 00 minutes 30 seconds east. a
dicta '423.37 feet to the point or place of beginning:
731 nckr., <<•: :
BEGINNING at a port on the southeasterly line of land of the Lorg Island
Raiiroad Company, where it it tersecls the easterly boundary line of Carl Besm,
teing about 1200 feet easterly frcm the point where said Long Island Railroad
crosses tie Mair• Road (Route 25);
RUNNING THENCE along said land of Lorg Island Railroad Company, So:rth
44 degrees 43 minutes 50 seords Easl, 176,50 feet to the westerly line cf a 50 foot
wide non-exclusive easement:
732
THENCE South 37 degrees 58 minutes 40 seconds East, 439.35 feet to Main
(State) Road along the westerly line of the non - exclusive easement; and
THENCE along said rorthwes:erly line of the Main Road, trio courses and
distances, as foliowvs;
1) South 52 degrees 01 minute 20 seconds West, 105.28 feet;
THENCE 2) South 51 degrees 55 minutes 20 seconds West, 37.72 feet to
:and of Ritter, formerly Kersrowski;
THENCE along said land cf Ritzer, three courses and distances, as follows;
11 N -orti' 34 decrees 14 minutes 40 seconds West, 1310 fee: to an iroi pipe;
THENCE 2) North 43 degrees 47 miutes 40 seconds West, 77.0 feet to an
iron pipe;
THENCE 3) South 49 degrees 18 minutes 40 seconds Wes:, 75.0 feet to lard
of Cafe 3asch;
Site Name: LAUREL STONE
Site Address: 7055 MAIN RD MATTITUCK, NEW YORK, 11952 HSG 18
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
District: 1000
Section: 122.00
Block: 06.00
Lot: 035.004
ASSIGNMENT ANTI ASSUMPTION OF REAL PROPERTY LEASE
(LAUREL STONE SUFFOLK COUNTY NEW YO
THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE (this
"Assignment ") is made effective as of April 29 , 2022 ( "Effective Date "), by and between
ELITE TOWERS, L.P., a Pennsylvania limited partnership a/k/a Elite Towers, LP ( "Assignor "),
whose address is 5 Great Valley Parkway, Suite 333, Malvern, Pennsylvania 19355, and K2
TOWERS III, LLC, a Delaware limited liability company ( "Assignee "), whose address is 57 East
Washington Street, Chagrin Falls, Ohio 44022.
BACKGROUND RECITALS:
A. Assignor, as lessee, and Laurel Stone Supply Plus Inc., a New York corporation
a/k/a Laurel Stone Supply Plus, Inc., as lessor, are parties to the Lease Agreement dated August
2, 2012, as amended by the First Amendment to Lease Agreement dated November 16, 2015, as
amended by the Second Amendment to Lease Agreement dated July 13, 2016, as amended by
the Third Amendment to Lease Agreement dated August 9, 2018, and as evidenced by the
Memorandum of Lease dated July 29, 2020, and recorded June 14, 2021 in Liber 13108 at Page
484 in the Suffolk County Clerk's Office (collectively, the "Real Property Lease ").
B. Assignor has agreed to transfer and assign to Assignee all of its right, title and
interest in and to the Real Property Lease and Assignee has agreed to accept an assignment
thereof.
C. The Real Property Lease covers the real property more particularly described on
Exhibit A attached hereto and incorporated herein by this reference.
-1-
4868 - 9168 -4369
.1-[sG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
D. This Assignment is made pursuant to the Purchase and Sale Agreement dated
September 28, 2021 by and between Assignor, as seller, and Assignee, as buyer, as amended
( collectively, the "Purchase Agreement "), and any capitalized terms not defined herein have the
meanings ascribed to them in the Purchase Agreement.
OPERATIVE PROVISIONS:
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual
covenants and conditions contained herein, as well as other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The Background Recitals are incorporated herein by this reference.
2. Assignor hereby transfers and assigns to Assignee as of the Effective Date all of
its right, title and interest in and to the Real Property Lease, together with any amendments to the
Real Property Lease. Assignee hereby accepts the aforesaid assignment and assumes and agrees
to be bound by and timely perform, observe and discharge, from and after the Effective Date all
of the Assignor's obligations under the Real Property Lease upon the terms and conditions set
forth in the Real Property Lease, as may be further amended after the Effective Date. From and
after the Effective Date, Assignee shall be for all purposes the lessee under the Real Property
Lease.
3. Except as expressly set forth herein, the terms of the Real Property Lease shall
remain in full force and effect, unaltered by this Assignment.
4. Except for the representations expressly made by Assignor in the Purchase
Agreement, this Assignment is made without representation or warranty of any kind. Assignor
hereby confirms that all of the representations made in the Purchase Agreement regarding the
Real Property Lease continue to be true and correct in all material respects as of the Effective
Date. Assignor and Assignee acknowledge and agree that nothing in this Assignment shall be
deemed to contravene or supersede the terms of the Purchase Agreement.
5. This Assignment may be executed in counterparts, each of which will be deemed
an original, but all of which together will constitute but one and the same instrument.
[Signatures appear on the following pages]
-2-
4868- 9168 -4369
HSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly
executed as of the date first above written.
ASSIGNOR:
ELITE TOWERS, L.P.,
a Pennsylvania limited partnership
By: CMET, LLC, a Pennsylvania limited
liability company, its General Partner
By: �:) szo,
David U. Lee, Manager
COMMONWEALTH OF
PENNSYLVANIA
SS
COUNTY OF CHESTER
On the day of April in the year 2022 before me, the undersigned, personally appeared
David U. Lee, in his capacity as Manager of CMET, LLC, a Pennsylvania limited liability
company, the General Partner of ELITE TOWERS, L.P., a Pennsylvania limited partnership,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
Commonwealth of Pennsylvania - Notary Seal
KRISTA L CHEW - Notary Public
Chester County
My Commission Expires Jul 23. 2023
Commission Number 1235162
4868 - 9168-4369
%Iaty Public
Print Name: t
My Commission Expires:
(SEAL)
[Signatures continued on the following page]
-3-
3 LSG
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8DB7- 59E2993DA4CA
[Signatul°es continued from the previous page]
ASSIGNEE:
K2 TOWERS III. I_LC, a Delaware limited
liability company
1.3v: ti� //0'
Ryan D. Lepene. Co- President
STATE OF 01 -410 )
SS
COUNTY OF CLJYA140GA }
On the a day of April. 2022, before me, the undersigned. personally appeared Ryan D.
Lepene, in his capacity as Co- President of K2 TOWERS Ill. L-C, a Delaware limited liability
company, personally known to me or proved to me on (lie basis of satisfactory evidence to be the
individual whose name is subscribed to the within document and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument. the
individual, or the person upon behalf of which the individual acted. executed the instrument.
Notary Public
Print Name:
My Commission Expires:
(SEAL)
- `T -
1968- 9169430
HSCj
.tr
DIANE S. LEUNG
Attorney Al Law
Notary Public, State of Ohio
3N =
My commission has no expiration dale
Sec. 147.03 R.C.
HSCj
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
EXHIBIT A
LEGAL DESCRIPTION
S1000- 122- 00- 06 -00- 035 -004 on the tax map of Suffolk County, New York, more commonly
known as 7055 MAIN RD MATTITUCK, NEW YORK 11952.
The Leased Space or Premises is described as follows:
LEGAL DESCRIPTION
LEASE PARCEL
ALL that certain plot, piece or parcel of land, with buildings thereon erected, situate, lying and
being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southwesterly corner of the parcel herein described. Said point
being the following courses from the intersection of the southeasterly line of land of Long Island
Railroad Company where it intersects the easterly boundary line of land formerly of Carl Besch
(said point being approximately 1200 feet easterly from the point where said line of Long Island
Railroad Co. crosses the Main Road (Route 25) as follows;
Easterly along said easterly line of land formerly of Carl Besch,
South 37 degrees 59 minutes 19 seconds East, 63.17 feet to a point. Thence along a tie line,
North 52 degrees 00 minutes 41 seconds East, 72.81 feet to the TRUE Point of Place of
BEGINNING. RUNNING THENCE FROM SAID TRUE POINT OR PLACE OF
BEGINNING the following courses:
North 39 degrees 05 minutes 45 seconds East, 50.00 feet; thence,
South 50 degrees 54 minutes 15 seconds East, 50.00 feet; thence,
South 39 degrees 05 minutes 45 seconds West, 50.00 feet; thence,
North 50 degrees 54 minutes 15 seconds West, 50.00 feet to the point or place of BEGINNING.
Said parcel having an area of 2,500 Square Feet
-5-
4868 - 9168 -4369
HS9
DocuSign Envelope ID: 26CD062C- 7BCE- 4D41- 8D87- 59E2993DA4CA
SCHEDULE A -4 TO SLA
LEGAL DESCRIPTION OF PARCEL AND /OR SURVEY
[Attached Hereafter]
9-[sC3
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District: 1000
Section: 122.00
Block: 06.00
Lot: 035.004
ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE
LAUREL STONE SUFFOLK COUNTY NEW YO
THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE (this
"Assignment ") is made effective as of April 29 , 2022 ( "Effective Date "), by and between
ELITE TOWERS, L.P., a Pennsylvania limited partnership a/k/a Elite Towers, LP ( "Assignor "),
whose address is 5 Great Valley Parkway, Suite 333, Malvern, Pennsylvania 19355, and K2
TOWERS III, LLC, a Delaware limited liability company ( "Assignee "), whose address is 57 East
Washington Street, Chagrin Falls, Ohio 44022.
BACKGROUND RECITALS:
A. Assignor, as lessee, and Laurel Stone Supply Plus Inc., a New York corporation
a/k/a Laurel Stone Supply Plus, Inc., as lessor, are parties to the Lease Agreement dated August
2, 2012, as amended by the First Amendment to Lease Agreement dated November 16, 2015, as
amended by the Second Amendment to Lease Agreement dated July 13, 2016, as amended by
the Third Amendment to Lease Agreement dated August 9, 2018, and as evidenced by the
Memorandum of Lease dated July 29, 2020, and recorded June 14, 2021 in Liber 13108 at Page
484 in the Suffolk County Clerk's Office (collectively, the "Real Propeqy Lease ").
B. Assignor has agreed to transfer and assign to Assignee all of its right, title and
interest in and to the Real Property Lease and Assignee has agreed to accept an assignment
thereof.
C. The Real Property Lease covers the real property more particularly described on
Exhibit A attached hereto and incorporated herein by this reference.
- 1 -
4868- 9168 -4369
D. This Assignment is made pursuant to the Purchase and Sale Agreement dated
September 28, 2021 by and between Assignor, as seller, and Assignee, as buyer, as amended
(collectively, the "Purchase A eement "), and any capitalized terms not defined herein have the
meanings ascribed to them in the Purchase Agreement.
OPERATIVE PROVISIONS:
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual
covenants and conditions contained herein, as well as other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The Background Recitals are incorporated herein by this reference.
2. Assignor hereby transfers and assigns to Assignee as of the Effective Date all of
its right, title and interest in and to the Real Property Lease, together with any amendments to the
Real Property Lease. Assignee hereby accepts the aforesaid assignment and assumes and agrees
to be bound by and timely perform, observe and discharge, from and after the Effective Date all
of the Assignor's obligations under the Real Property Lease upon the terms and conditions set
forth in the Real Property Lease, as may be further amended after the Effective Date. From and
after the Effective Date, Assignee shall be for all purposes the lessee under the Real Property
Lease.
3. Except as expressly'set forth herein, the terms of the Real Property Lease shall
remain in full force and effect, unaltered by this Assignment.
4. Except for the representations expressly made by Assignor in the Purchase
Agreement, this Assignment is made without representation or warranty of any kind. Assignor
hereby confirms that all of the representations made in the Purchase Agreement regarding the
Real Property Lease continue to be true and correct in all material respects as of the Effective
Date. Assignor and Assignee acknowledge and agree that nothing in this Assignment shall be
deemed to contravene or supersede the terms of the Purchase Agreement.
5. This Assignment may be executed in counterparts, each of which will be deemed
an original, but all of which together will constitute but one and the same instrument.
[Signatures appear on the following pages]
-2-
4868- 9168 -4369
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly
executed as of the date first above written.
ASSIGNOR:
ELITE TOWERS, L.P.,
a Pennsylvania limited partnership
By: CMET, LLC, a Pennsylvania limited
liability company, its General Partner
By: �>,a --
David U. Lee, Manager
COMMONWEALTH OF
PENNSYLVANIA
SS
COUNTY OF CHESTER
On the 7 day of April in the year 2022 before me, the undersigned, personally appeared
David U. Lee, in his capacity as Manager of CMET, LLC, a Pennsylvania limited liability
company, the General Partner of ELITE TOWERS, L.P., a Pennsylvania limited partnership,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
Commonweaith of Pennsylvania - Notary Seal
KRISTA L CHEW - Notary Public
Chester County
My Commission Expires Jul 23, 2023
Commission Number 1235162
4868 - 9168 -4369
o Public '
Print Name:
My Commission Expires: �
(SEAL)
(Signatures continued on the following page]
-3-
[Signatures Continued from the previous page]
ASSIGNEE:
K2 TOWERS III. I_LC, a Delaware limited
liability company
Ryan D. I:epene. Co- President
STATE OF 01-110 )
} SS
COtJNTY OF CLJYAHOGA
On the 19 day of April, 2022, before me. the undersigned, personally appeared Ryan D.
Lepene, in his capacity, as Co- President of K2 TOW RS 111, L I-C, a Delaware limited liability
company, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose nanle is subscribed to the within document and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument. the
individual, or the person upon behalf of which the individual acted. executed the instrument.
L4,A --- !_
Notary Public
Print Name:
My Commission Expires:
LA
=° �•
DIANE S, I_EUNG
Attorney At Law
=* *=
Notary Public, State of Ohio
My commission has no expiration dale
Sec. 147.03 R.C.
4 -
968- 9108 -4 360
EXHIBIT A
LEGAL DESCRIPTION
S1000- 122- 00- 06 -00- 035 -004 on the tax map of Suffolk County, New York, more commonly
known as 7055 MAIN RD MATTITUCK, NEW YORK 11952.
The Leased Space or Premises is described as follows:
LEGAL DESCRIPTION
LEASE PARCEL
ALL that certain plot, piece or parcel of land, with buildings thereon erected, situate, lying and
being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southwesterly corner of the parcel herein described. Said point
being the following courses from the intersection of the southeasterly line of land of Long Island
Railroad Company where it intersects the easterly boundary line of land formerly of Carl Besch
(said point being approximately 1200 feet easterly from the point where said line of Long Island
Railroad Co. crosses the Main Road (Route 25) as follows;
Easterly along said easterly line of land formerly of Carl Besch,
South 37 degrees 59 minutes 19 seconds East, 63.17 feet to a point. Thence along a tie line,
North 52 degrees 00 minutes 41 seconds East, 72.81 feet to the TRUE Point of Place of
BEGINNING. RUNNING THENCE FROM SAID TRUE POINT OR PLACE OF
BEGINNING the following courses:
North 39 degrees 05 minutes 45 seconds East, 50.00 feet; thence,
South 50 degrees 54 minutes 15 seconds East, 50.00 feet; thence,
South 39 degrees 05 minutes 45 seconds West, 50.00 feet; thence,
North 50 degrees 54 minutes 15 seconds West, 50.00 feet to the point or place of BEGINNING.
Said parcel having an area of 2,500 Square Feet
-5-
4868 - 9168 -4369
District: 1000
Section: 122.00
Block: 06.00
Lot: 035.004
ASSIGNMENT AND ASS ON OF REAL PROPERTY LEASE
(LAUREL STONE SUFFOLK COUNTY NEW YO
THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE (this
"Assignment ") is made effective as of April 29 , 2022 ( "Effective Date "), by and between
ELITE TOWERS, L.P., a Pennsylvania limited partnership a/k/a Elite Towers, LP ("Assignor"),
whose address is 5 Great Valley Parkway, Suite 333, Malvern, Pennsylvania 19355, and K2
TOWERS III, LLC, a Delaware limited liability company ( "Assignee "), whose address is 57 East
Washington Street, Chagrin Falls, Ohio 44022.
BACKGROUND RECITALS:
A. Assignor, as lessee, and Laurel Stone Supply Plus Inc., a New York corporation
a/k/a Laurel Stone Supply Plus, Inc., as lessor, are parties to the Lease Agreement dated August
2, 2012, as amended by the First Amendment to Lease Agreement dated November 16, 2015, as
amended by the Second Amendment to Lease Agreement dated July 13, 2016, as amended by
the Third Amendment to Lease Agreement dated August 9, 2018, and as evidenced by the
Memorandum of Lease dated July 29, 2020, and recorded June 14, 2021 in Liber 13108 at Page
484 in the Suffolk County Clerk's Office (collectively, the "Real Property Lease ").
B. Assignor has agreed to transfer and assign to Assignee all of its right, title and
interest in and to the Real Property Lease and Assignee has agreed to accept an assignment
thereof.
C. The Real Property Lease covers the real property more particularly described on
Exhibit A attached hereto and incorporated herein by this reference.
-1-
4868- 9168 -4369
D. This Assignment is made pursuant to the Purchase and Sale Agreement dated
September 28, 2021 by and between Assignor, as seller, and Assignee, as buyer, as amended
(collectively, the "Purchase A eernent "), and any capitalized terms not defined herein have the
meanings ascribed to them in the Purchase Agreement.
OPERATIVE PROVISIONS:
NOW, THEREFORE, for and in consideration of the sum of $10.00, the mutual
covenants and conditions contained herein, as well as other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The Background Recitals are incorporated herein by this reference.
2. Assignor hereby transfers and assigns to Assignee as of the Effective Date all of
its right, title and interest in and to the Real Property Lease, together with any amendments to the
Real Property Lease. Assignee hereby accepts the aforesaid assignment and assumes and agrees
to be bound by and timely perform, observe and discharge, from and after the Effective Date all
of the Assignor's obligations under the Real Property Lease upon the terms and conditions set
forth in the Real Property Lease, as may be further amended after the Effective Date. From and
after the Effective Date, Assignee shall be for all purposes the lessee under the Real Property
Lease.
3. Except as expressly set forth herein, the terms of the Real Property Lease shall
remain in full force and effect, unaltered by this Assignment.
4. Except for the representations expressly made by Assignor in the Purchase
Agreement, this Assignment is made without representation or warranty of any kind. Assignor
hereby confirms that all of the representations made in the Purchase Agreement regarding the
Real Property Lease continue to be true and correct in all material respects as of the Effective
Date. Assignor and Assignee acknowledge and agree that nothing in this Assignment shall be
deemed to contravene or supersede the terms of the Purchase Agreement.
5. This Assignment may be executed in counterparts, each of which will be deemed
an original, but all of which together will constitute but one and the same instrument.
[Signatures appear on the following pages]
-2-
4868- 9168 -4369
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly
executed as of the date first above written.
ASSIGNOR:
ELITE TOWERS, L.P.,
a Pennsylvania limited partnership
By: CMET, LLC, a Pennsylvania limited
liability company, its General Partner
By: Y
David U. Lee, Manager
COMMONWEALTH OF
PENNSYLVANIA
SS
COUNTY OF CHESTER
On the c0 day of April in the year 2022 before me, the undersigned, personally appeared
David U. Lee, in his capacity as Manager of CMET, LLC, a Pennsylvania limited liability
company, the General Partner of ELITE TOWERS, L.P., a Pennsylvania limited partnership,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
Commonweaith of Pennsylvania - Notary Seal
KRISTA L CHEW - Notary Public
Chester County
My Commission Expires Jul 23. 20Z3
Commission Number 1235162
4868 - 9168 -4369
. . A I A I u1j, )
%Wy Public
Print Name:
My Commission Expires:
(SEAL)
[Signatures continued on the following page]
-3-
[Signatures continued from the previorts page]
ASSIGNEE:
K2 TOWERS 1I1. LLC, a Delaware limited
liability company
Ryan D. I.epene, Co- President
STATE OF OHIO )
SS
COUNTY OF CUYAHOGA )
On the 0 1� day of April. 2022, before me. the undersigned. personally appeared Ryan D.
Lepene, in his capacity as Co- President of K2 'l'OWI IZS 111, LLC, a Delaware limited liability
company, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within document and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
_ 5
Notary Public
Print Name:
My Commission Expires:
(ST AJ.)
r
DIANE S. LEUNG
Attorney At Law
�* *
Notary Public, Stale of Ohio
r ! *'•!"
My commission has no expiration date
Sec. 147.03 R.C.
N711f 6t 114
4 ..
49090168 -430
EXHIBIT A
LEGAL DESCRIPTION
S1000- 122- 00- 06 -00- 035 -004 on the tax map of Suffolk County, New York, more commonly
known as 7055 MAIN RD MATTTTUCK, NEW YORK 11952.
The Leased Space or Premises is described as follows:
LEGAL DESCRIPTION
LEASE PARCEL
ALL that certain plot, piece or parcel of land, with buildings thereon erected, situate, lying and
being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
BEGINNING at a point on the southwesterly comer of the parcel herein described. Said point
being the following courses from the intersection of the southeasterly line of land of Long Island
Railroad Company where it intersects the easterly boundary line of land formerly of Carl Besch
(said point being approximately 1200 feet easterly from the point where said line of Long Island
Railroad Co. crosses the Main Road (Route 25) as follows;
Easterly along said easterly line of land formerly of Carl Besch,
South 37 degrees 59 minutes 19 seconds East, 63.17 feet to a point. Thence along a tie line,
North 52 degrees 00 minutes 41 seconds East, 72.81 feet to the TRUE Point of Place of
BEGINNING. RUNNING THENCE FROM SAID TRUE POINT OR PLACE OF
BEGINNING the following courses:
North 39 degrees 05 minutes 45 seconds East, 50.00 feet; thence,
South 50 degrees 54 minutes 15 seconds East, 50.00 feet; thence,
South 39 degrees 05 minutes 45 seconds West, 50.00 feet; thence,
North 50 degrees 54 minutes 15 seconds West, 50.00 feet to the point or place of BEGINNING.
Said parcel having an area of 2,500 Square Feet
-5-
4868 - 9168 -4369