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HomeMy WebLinkAboutL 13286 P 476 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/06/2025 Number of Pages : 18 At: 11 :26: 46 AM Receipt Number : 25-0031096 TRANSFER TAX NUMBER: 24--23957 LIBER: D00013286 PAGE : 476 District: Section: Block: Lot: 1000 122 . 00 06. 00 035 . 004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $25, 000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $90 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 .50 NO Cert.Copies $0 . 00 NO RPT $200 . 00 NO Transfer tax $100 .00 NO Comm.Pres $625 .00 NO Comm. Pres Fund $500 . 00 NO Comm.Housing Fund $125 . 00 NO Fees Paid $1 , 060 .50 TRANSFER TAX NUMBER: 24-23957 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County y 5-1 F-21 Number of pages 1 v RECORDED 2025 Mar 06 11:26:46 All VINCENT PULED CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013286 476 Social SecurityNumbers P DT# 24-2323957 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 0 Z Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 J S Sub Total Notation��/J '5 0 Spec./Assit. sO or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County_ R.P.T.S.A. Held for Appointment 4 i Comm.of Ed. 5. 00 Transfer Tax 100 Affidavit ���� Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 � 2 0 family dwelling only. Sub Total YES or NO Other Grand Total 3 3 5_Sa If NO,see appropriate tax clause on h page# of this instrument. ( ala--7 4 '4 Dist. 5490695 1000 12200 0600 035004 5 Community Preservation Fund Real Property R��A Consideration Amount$ ?ism Tax Service 27�u I"II 'I�II 'II�'Agency I'llt I r1 CPF Tax Due $ � �, Verification -- Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURN TO: Vacant Land Lav(e i s ton e S VPP1 y Pr %/S' -"C TD l0 -1055 Minn Rd- TD MlCAt+i}✓cK, NY 1052 TD I Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. ame A rrl foC I( 1-4 C www.suffolkcountyny.gov/clerk Title# C oov 1 Z B Z S 6 8 Suffolk County Recording & Endorsement Page This page forms part of the attached C o M,"v it i CcA.4 o n 5 Far,�I&y EaSCAC44 &eem e if made by: (SPECIFY TYPE OF INSTRUMENT) LO Vfe l S/one SVPPI 1 PI V5 1,1 . The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of I�2 1 Ow P�5 , LLG In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12.010 LOOJO84 (over) This document was prepared by and after recording return document to: K2 TOWERS III, LLC 57 E. Washington Street Chagrin Falls, OH 44022 District: 1000 Section: 122.00 Block: 06.00 Lot: 035.004 COMMUNICATIONS FACILITY EASEMENT AGREEMENT AND ASSIGNMENT OF TOWER-RELATED GROUND LEASE (NY-3 Laurel Stone) THIS COMMUNICATIONS FACILITY EASEMENT AGREEMENT AND ASSIGNMENT OF TOWER-RELATED GROUND LEASE (this "Easement") is made as of December 2-7, 2024 (the "Effective Date") by and between LAUREL STONE SUPPLY PLUS INC., a New York corporation, as grantor("Grantor"), having an address at 7055 Main Road, Mattituck, NY 11952, Attention: Patrick Dailey, and K2 TOWERS III, LLC, a Delaware limited liability company, as grantee("Grantee"), having an address at 57 E. Washington Street, Chagrin Falls, OH 44022. A. Grantor owns real property located in Suffolk County, New York at 7055 Maim Road, Mattituck, NY 11952, as more particularly described on Exhibit A attached hereto ("Grantor's Property"), portions of which are used by Grantee as the tenant pursuant to the occupancy agreement identified on Exhibit B attached hereto (the "Tower-Related Ground Lease") for the placement of the Communications Equipment (defined below). B. Pursuant to a Purchase and Sale Agreement dated October 15, 2024, Grantor has agreed to grant to Grantee, among other things, (1) an easement on all space in, on, over and under Grantor's Property used by Grantee for its Communications Equipment as such space may l be further described in the Tower-Related Ground Lease and more particularly described on Exhibit C attached hereto (the "Existing Ground Space"), (ii) the access and utilities easements 4850-0845-3306.4 granted under the Tower-Related Ground Lease and more particularly described on Exhibit C attached hereto and (iii)the Grantor's interest as landlord in the Tower-Related Ground Lease and all rental payments, revenue sharing payments and other monies associated with the Tower- Related Ground Lease. NOW, THEREFORE, on the terms and subject to the conditions set forth in this Easement, the payments described in Section 5 and other good and valuable consideration, the parties agree as follows: 1. Grant of Easement. Upon the terms and conditions set forth herein, Grantor hereby grants, bargains and conveys to Grantee an easement in, on, under and over the Existing Ground`s Space described on Exhibit C (the "Easement Premises"). Grantee's right to an easement in, on and over all portions of the Easement Premises for the purposes stated in the recitals to this Easement and the Tower-Related Ground Lease are exclusive as described in Section 11.1. 2. Access and Utility Easements. 2.1 Access Easement. Grantor hereby grants to Grantee, its tenants and licensees, and their successors and assigns, the access easement granted under the Tower-Related Ground Lease as more particularly described on Exhibit C attached hereto (the "Access Easement"). Grantee will use commercially reasonable efforts to only use the Access Easement during traditional working hours, except in the event of emergencies. 2.2 Utility Easement. Grantor hereby grants to Grantee, its tenants and licensees, and their successors and assigns, or to such utility company which Grantee shall designate, the utility easement granted under the Tower-Related Ground Lease as more particularly described on Exhibit C attached hereto (the"Utility Easement"). Grantee will (i) use commercially reasonable efforts to only service the Utility Easement during traditional working hours, except in the event of emergencies, and (ii) notify Grantor at least three(3)business days in advance of its need to install, maintain or repair its cables, wires, related fixtures and Communications Equipment located in the Easement Premises; EXCEPT HOWEVER, in the case of an emergency whereupon notification shall follow. Upon prior notice to Grantor, Grantee and its tenants and licensees may have electrical current meters installed on the Easement Premises. The cost of such meter and the installation, maintenance and repairs thereof shall be paid by Grantee or its tenants and licensees. 3. Assignment of Tower-Related Ground Lease. Grantor hereby transfers and assigns to Grantee as of the Effective Date all of its right, title and interest in, to and under the Tower- Related Ground Lease identified on Exhibit B and any amendments thereto, including without limitation, all rents, revenue sharing payments and other monies due to Grantor. Grantor and Grantee intend that this Easement serve as an absolute assignment and transfer to Grantee of the Tower-Related Ground Lease and all rents, revenue sharing payments and other monies due Grantor pursuant to the Tower-Related Ground Lease. Grantor designates Grantee as the lessor under the Tower-Related Ground Lease and Grantee assumes the obligations and liabilities of 2 4850-0845-3306.4 Grantor under the Tower-Related Ground Lease but only to the extent that such obligations and liabilities (a) are not the responsibility of the Grantor pursuant to the terms of this Easement and (b) accrue on or after the Effective Date. 4. Term. Commencing upon the Effective Oate, the Term of this Easement shall be for a period of ninety-nine (99)years (the "Term"). Grantee may surrender this Easement for any reason or at any time by giving thirty (30) days' notice to Grantor. Upon surrender, this Easement shall be terminated, Grantor and Grantee shall execute and record such documents reasonably required to terminate this Easement and neither Grantor nor Grantee will have any further obligations under this Easement. This Easement may not be terminated by Grantor. 5, Easement Payments. Grantee shall pay to Grantor the "Purchase Price" for the Easement in accordance with the terms of the Purchase Agreement. 6. Use. Grantee shall only use the Easement Premises for the purpose of constructing, maintaining, repairing, operating, improving, replacing and removing such Communications Equipment reasonably required by Grantee and its tenants and licensees for use as a telecommunications facility and any other related incidental activities as may be required or permitted by applicable laws, rules, regulations or guidelines. As used in this Easement, "Communications Equipment" shall include but is not limited to the following equipment, whether owned by Grantee or any of its tenants or licensees: (a) antenna support structures j (including towers) and building(s) and cabinets to house equipment, including generators, j necessary to operate the equipment; (b) coaxial transmission lines; (c) radio communication antennas and equipment consisting of transmitters, receivers and microwave dishes; (d) a fence to enclose all improvements; and (e) any and all equipment, supplies or materials reasonably related to the foregoing. All improvements constructed or installed by Grantee upon the Easement Premises shall be at Grantee's expense. Grantee, or any assignee or tenant of Grantee, may add to or modify its Communications Equipment or telecommunications equipment, as the case may be, on the Easement Premises as reasonably required for the maintenance or operation of the Communications Equipment, or any telecommunications equipment of an assignee or tenant or licensee. Grantee will not use the Easement Premises, the Access Easement or the Utility Easement in a manner that interferes with Grantor's use of Grantor's Property. 7. Insurance. Grantee shall, at its expense, maintain during the Term, comprehensive general liability and property liability insurance with liability limits of not less than One Million Dollars($1,000,000.00) for injury to or death of one or more persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for damage to or destruction of property in any one occurrence. Grantor shall be named as an additional insured, as its interest may appear, and the policies shall contain cross liability endorsements. Grantee may carry said insurance under a blanket policy. Grantee shall deliver to Grantor, upon request and at the start of each calendar year, certificates evidencing the existence and amounts of such insurance. No policy shall be cancelable or subject to reduction of coverage except after ten (10) days' prior written notice to Grantor. 3 4850-0845-3306.4 8. Defaults and Remedies: (a) Notwithstanding anything in this Easement to the contrary, neither Grantor or Grantee shall be in default under this Easement for failure to perform any obligation under this Easement until thirty (30) days after receipt of written notice of the act or omission constituting the default; provided, however, if any such default cannot reasonably be cured within thirty(30) days, neither party shall be deemed to be in default under this Easement if such defaulting party commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion. (b) Should Grantee fail to perform any obligations under this Easement and such breach shall continue uncured thirty (30) days following the receipt of written notice, as provided in Section 8(a) above, Grantor may seek specific performance or actual damages or invoke any other remedies available in law or in equity except for termination of this Easement. (c) Should Grantor breach any material term or covenant in this Easement or fail to perform any obligation under this Easement, and such breach shall continue uncured thirty (30) days following the receipt of written notice, as provided in Section 8(a) above, Grantee may seek specific performance or actual damages or invoke any other remedies available in law or in equity or, at its option, cure such default. All sums expended by Grantee in connection therewith shall be paid by Grantor to Grantee upon demand. 9. Taxes. Grantee will pay all personal property taxes assessed on, or any portion of such taxes attributable to, the Communications Equipment. Grantee, upon presentation of sufficient and proper documentation, will pay, within thirty (30) days, any increase in real property taxes levied against Grantor's Property (excluding any additional taxes that relate to the period prior to the commencement date of the Tower-Related Ground Lease, i.e., rollback taxes) which is directly attributable to Grantee's use of the Easement Premises, provided Grantee will be entitled to appeal an such increase payable to it. Grantor agrees that it will reasonably cooperate with PP Y P Y �' Y P an appeal of such taxes and will promptly pay when due all real estate taxes (the "Taxes") levied against Grantor's Property and this Easement. If Grantor fails to pay any Taxes when due, Grantee shall have the right, but not the obligation, to pay such Taxes on behalf of Grantor after Grantee gives Grantor thirty (30) days' notice. In such event, Grantor shall reimburse Grantee for the full amount of such Taxes paid by Grantee on Grantor's behalf within fifteen (15) business days of Grantor's receipt of an invoice from Grantee. 10. Tests. Throughout the Term, Grantee and its tenants and licensees shall have the right to conduct survey, soil, radio coverage, and environmental tests and conduct any other investigations needed to determine if the Easement Premises, Access Easement and Utility Easement are suitable for the construction, installation, maintenance, repair, replacement, improvement, operation and removal of the Communications Equipment. Grantee shall provide Grantor with at least three (3) business days' notice of any of the foregoing tests occurring in the Access Easement and/or Utility Easement. 4 4850-0845-3306.4 IL Exclusive Rights: Non-Interference. 11.1 Exclusivity. During the Term, Grantor will not grant a lease, license, or easement or transfer or convey any other interest in Grantor's Property upon which the Easement Premises is located or any other property owned by Grantor contiguous to the property upon which the Easement Premises is located to any party for the purposes of operating Communications Equipment or to any party if such lease, transfer or conveyance would in any way adversely affect or interfere, in Grantee's reasonable but sole discretion, with any Communications Equipment or the operation of the Easement Premises. 11.2 Grantor Interference. Grantor shall not, nor shall Grantor permit its lessees, licensees, employees, invitees or agents to, use any portion of Grantor's Property in a way which interferes with the operations of Grantee or which interfere with the Easement Premises, Access Easement or Utility Easement. 12. Nature of Grantee's Property. 12.1 Fixtures. Grantor covenants and agrees that notwithstanding any contrary provision of statutory or common law, no part of the improvements, including without limitation, the Communications Equipment, constructed, erected or placed by Grantee or Grantee's tenants or licensees on the Easement Premises shall be deemed by Grantor to be or become affixed to or a part of the Easement Premises, it being the specific agreement of Grantor and Grantee that all improvements of every kind and nature constructed, erected or placed by Grantee or any tenants or licensees on the Easement Premises shall be and remain the personal property of Grantee or Grantee's tenants or licensees and may be removed by Grantee as provided in this Easement. Grantee agrees to save Grantor harmless on account of claims or mechanic's, materialman or other liens imposed upon the Easement Premises in connection with any alterations, addition, or improvements to the Easement Premises made by Grantee, Grantee's agents, employees, contractors, tenants or licensees. 12.2 Waiver of Grantor Liens. Grantor waives any rights it may have to assert any liens, encumbrances or adverse claims, statutory or otherwise, against the Communications Equipment, including any rights it may have in its capacity as Grantor under this Easement. Grantee, Grantee's tenants, licensees or such designee in its sole discretion, may remove its Communications Equipment or any portion of it at any time during the Term of the Easement, without notice to Grantor and without Grantor's consent. 13. Assignment. Grantee may, without the prior written consent of Grantor, assign, transfer or otherwise encumber all or any part of this Easement or the Easement Premises to (i) an affiliate of Grantee or to (ii) an entity buying a majority of Grantee's assets, provided Grantee provides Grantor notice of the same. All other assignments or transfers shall require Grantor's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Upon assignment, Grantee shall be relieved of all liabilities and obligations under this Easement, provided that the recipient of such assignment agrees to be bound by the terms of this Easement. 5 4850-0845-3306.4 i Grantee shall also have the right to lease or sublet the Easement Premises without the prior consent of Grantor. 14. Governmental Condemnation or Taking. In the event that any governmental, quasi- governmental agency or other public body exercises its power of eminent domain and thereby takes all or part of the Easement Premises or adjoining or adjacent property subject to an easement hereunder, apportionment thereby making it physically or financially unfeasible, as determined by Grantee in its sole discretion, for the Easement Premises to be used in the manner it was intended to be used by Grantee under this Easement, Grantee shall have the right to assert a claim against the condemning agency for the portion attributable to Grantee's interest in the Easement Premises and to terminate this Easement effective as of the date the condemning agency takes possession. If only a portion of the Easement Premises is taken by eminent domain, and Grantee does not elect to terminate this Easement under this provision, then this Easement shall continue. 15. Damage or Destruction. (a) In the event of any damage to or destruction of the Easement Premises, the Access Easement or the Utility Easement or any condemnation thereof, which renders the Communications Equipment inoperable or unusable, Grantee and its tenants and licensees shall have the right, at Grantee's option and upon reasonable prior notice to Grantor, to construct or install temporary facilities, including temporary or replacement antennae, if necessary, elsewhere on the Easement Premises or on the Grantor's Property and to establish alternative casements for access and utilities, in such locations as may be reasonably acceptable to Grantor and in a manner which will not interfere with any repair or reconstruction efforts, in order to continue operation of the Communications Equipment. Grantor shall allow Grantee and its tenants and licensees to install such additional equipment and fixtures, including but not limited to, antennae, cables and wires, and shall permit Grantee and its tenants and licensees access, repair and maintenance rights as may be necessary to allow Grantee and its tenants and licensees to operate and maintain such temporary facilities until the Easement Premises, Access Easement and/or j Utility Easement have been sufficiently repaired to permit use of the Communications Equipment on its prior location on the Easement Premises, or until a substitute permanent location on Grantor's Property (with substitute access and utility easements, if necessary) that does not materially interfere with Grantor's or Grantor's other tenants' nonnal use of Grantor's Property has been mutually chosen by Grantor and Grantee and a substitute permanent facility has been completed. (b) If the Easement Premises are repaired, Grantee and its tenants and licensees shall have the right to construct and install replacement Communications Equipment, including, but not limited to, the antenna support structures, antennae, cables, conduits, poles, wires and electronic or other equipment, in and on the repaired Easement Premises together with replacement access and utility easements if necessary, in substantially the same location and manner as prior to the occurrence of the damage or at another location on Grantor's Property provided that such relocation does not materially interfere with Grantor's or Grantor's other 6 4850-0845-3306.4 tenants' normal use of Grantor's Property. It is the intention of the parties that Grantee and its tenants and licensees shall be able to maintain continuous operation and use of the Communications Equipment and any future Communications Equipment throughout the Term. (c) If Grantee elects to continue operation of the Communications Equipment pursuant to this Section 15, this Easement shall not terminate on account of such damage, destruction or condemnation, but shall continue in effect. 16. Consents and Approvals. Grantee and/or its tenants and licensees shall maintain the permits necessary for the Communications Equipment. Upon execution of this Easement, Grantor agrees to cooperate with Grantee in all respects in connection with any application made by Grantee, in the name of Grantor, to any governmental authority for any license, permit or approval or renewal thereof. Procurement of licenses, permits and/or approvals necessary for the construction, maintenance and operation of Grantee's or its tenants' or licensees' Communications Equipment shall be made at Grantee's expense, and Grantor shall have no obligations with respect thereto. Whenever the consent or approval of either party is required or a determination must be made by either party under this Easement, no such consent or approval shall be unreasonably withheld, denied or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. 17. First Right of Refusal. In the event Grantor proposes to enter into a transaction or series of transactions that would involve the transfer to an unrelated third party of this Easement or any of Grantor's rights hereunder Grantor shall, prior to entering into any such transaction, communicate the terms of such proposed transaction to Grantee and offer to sell and assign to Grantee Grantor's rights hereunder upon the same terns and conditions, including any financing terms, as such rights would be sold to the third party in the proposed transaction. Grantee shall have thirty (30) days from receipt of said notice from Grantor to accept said offer in writing. If Grantee accepts Grantor's offer within thirty(30) days, Grantor shall be bound to sell the relevant rights to Grantee, and Grantee shall be bound to purchase the relevant rights from Grantor, in accordance with the written notice. If Grantee fails to exercise such right of first refusal within the stated time, Grantor may sell its relevant rights hereunder subject to any and all terms and conditions of this Easement; provided, however, that if the terms of sale change and if Grantor has not sold or transferred title to such property within six (6) months of the date of Grantor's written notice to Grantee, any such sale and transfer of title shall again be subject to Grantee's said right of first refusal. Grantee's right of first refusal shall continue in effect as to any subsequent proposed sale by the current Grantor or by any transferee. In no event may any proposed transaction contemplated in this Section 17 adversely affect Grantee's rights hereunder or lessen the obligations of Grantor or any proposed transferee hereunder, regardless of whether or not Grantee exercises its purchase rights as described above. 18. Quiet Possession; Maintenance of Grantor's Property. Grantor hereby covenants that Grantee is seized and possessed of a valid easement estate in and to the Easement Premises, that Grantee shall have quiet and peaceable possession of the Easement Premises, that Grantor shall defend title to the Easement Premises for and on behalf of Grantee, and that Grantor shall 7 4850-0845-3306.4 provide such further assurances of title as may be necessary or appropriate. Grantor further agrees to maintain Grantor's Property in a commercially reasonable condition and repair during the Term of this Easement, normal wear and tear and casualty excepted. 19. Debt Security. Grantor covenants.and agrees that, without the prior consent of Grantor, at all times during the Term, Grantee shall have the right to mortgage or convey by deed of trust, deed to secure debt or other instrument adequate for the purpose of securing any bona fide indebtedness or evidence thereof, this Easement or the easement holder's interest of Grantee created hereby, together with all of Grantee's right, title, and interest in and to the improvements hereinafter constructed, erected, or placed on the Easement Premises by Grantee, provided that no such mortgage, conveyance or encumbrance, nor any foreclosure thereof, nor any purchase thereunder, shall impair or abridge the rights of Grantor, as provided herein. i 20. Estoppel Certificates, Grantor's Acknowledgment of Rights, and other Similar Documents. Grantor agrees that it will from time to time, within fifteen (1 S) days after request by Grantee, execute and deliver an estoppel certificate, Grantor's acknowledgement of rights or other similar statement, in a form that is reasonably acceptable to both Grantor and Grantee. 21. Environmental Matters, 21.1 Grantor's Representations. To the best of Grantor's knowledge, the operation of Grantor's Property has met, in all material respects, the applicable laws and regulations of all federal, state, and local government authorities having jurisdiction, including, without limitation, all requirements pursuant to environmental protection, health, or safety laws and regulations (including the disposal of hazardous substances and solid wastes) and Grantor will continue to operate Grantor's Property so that it continues to comply with such health, or safety laws and regulations. Neither Grantor nor any of its agents or affiliates have, in connection with the operation of Grantor's Property, ever generated, stored, treated, transported, handled, disposed of, or released any hazardous substance or solid, liquid, or gaseous waste ("Hazardous Substances") in a manner that would give rise to any material liability under any statute or governmental regulation. 21.2 Grantee's Representations and Limitation. Grantee shall not introduce or use any Hazardous Substance on the Easement Premises or Grantor's Property in violation of any applicable federal, state or local environmental laws. Grantee shall not be responsible for any Hazardous Substances arising or present on or before the Effective Date except to the extent otherwise provided in the Tower-Related Ground Lease. Liability of Grantee for any claims with respect to any Hazardous Substances at Grantor's Property or the Easement Premises shall be limited to contamination that is shown by clear evidence to have been solely caused by a release of a Hazardous Substance by Grantee (whether prior to, on or after the Effective Date), and in violation of any applicable federal, state or local environmental laws. 22. Notices. Notices will be effective if and when sent by registered or certified U.S. mail or reputable same-day or overnight courier, postage prepaid or otherwise accounted for by sender, 8 4850.0845-3306.4 and sent to the addresses set forth in in the Preamble above: Any party may change the address to which notices are to be addressed by giving the other party notice in the manner set forth in this Section 22. 23, Entire Agreement and Binding Effect. This Easement and any attached Exhibits constitute the entire agreement between Grantor and Grantee. No prior written or prior, contemporaneous or subsequent oral promises or representations shall be binding. This Easement shall not be amended or changed except by written instrument signed by authorized representatives of the parties hereto. The provisions of this Easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties. 24. Counterparts. This Easement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 25. Recording of Easement. Grantor and Grantee hereby agree, following the execution of this Easement, that Grantee, at its sole expense, shall have the right to file this Easement of record in the county and state where the Easement Premises is located. 26. Time is of the Essence. Time is of the essence of this Easement and each and all of its provisions. 27. Governing Law; Jurisdiction. The validity, interpretation, and performance of this Easement will be determined in accordance with the laws of the State of New York. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Easement will be brought in the courts of Suffolk County, New York and each of the parties consents to the jurisdiction of such courts (and to the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. In the event of litigation arising out of this Easement, if a court of competent jurisdiction issues a final, non-appealable order, the non-prevailing party in such litigation shall reimburse the prevailing party for its costs and expenses (including reasonable attorney's fees) in obtaining such judgment. 28. Severability. If any term, covenant, condition or provision of this Easement or application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Easement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 29. Waiver. No failure or delay of the parties hereto to exercise their rights hereunder or to insist upon the strict compliance with any obligation imposed hereunder, and no course of dealing or custom or practice of either party hereto at variance with any term hereof, shall constitute a waiver or a modification of the terms hereof or the right to demand strict compliance with the terms hereof. 9 4850-084$-3306.4 30. Covenant Running with the Land. The provisions of and covenants contained in this Easement shall run with the land and shall bind and inure to the benefit of Grantor, Grantee and their respective successors, heirs and assigns. [signatures start on the next page] i 10 4850-0845-3306.4 IN WITNESS WHEREOF, the parties have executed this Easement as of the Effective Date. GRANTOR: LAUREL STONE SUPPLY PLUS INC., a N oration By: l/ Name: PRsY-'--4- Title: ✓:u ri7,y r..c.,.a- STATE OF )ss.. COUNTY OF ) On the 'Z3 day of-V4,ca,.4Nuy in the year 2024,before me,the undersigned n tary public, personally appeared,%1 as \rig " of LAUREL STONE SUPPLY PLUS NC., a w York corporation, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/s same in his/her/their capacity(ies), and that by his/her/their signa e(s) on the instrument, t individual(s), or the person upon behalf of which the indivi ecuted the instrument. ,�PptY PV �O\StEK JiM�e��C� N ublic- ignature '�`' fir► �j No.OIJ16329525 Exp.08l24I2QW� ;A Notary Public - Printed -97 K (Sea]) �OF NE`1�� 11 4850-0845-3306.4 i GRANTEE. K2 TOWERS III, LLC, a Delaware limited liability company By: Name: �.. Title: STATE OF OHIO ) SS: COUNTY OF CUYAHOGA ) Before me, a Notary Public in and for said County and State, personally appeared � C,, L.efLXrc , known to be the (a`Pr4b'-AO-4 of K2 TOWERS III, LLC, a Delaware limited liability company, and acknowledged the execution of the foregoing for and on behalf of said limited liability company. Witness my hand and Notarial Seal, this day of Peu r`'5w 52024. _ Sl. D . Notary Public - Signature Notary Public - Printed My Commission Mires: My County of Residence: &110 SCOTT D:RU98MSML Aonhr At law +► way Nk sow a ONO All oonrntssian ha no eion dale y y: 6eo.147.03 R.C. LIST OF EXHIBITS Exhibit A: Legal Description of Grantor's Property Exhibit B: Tower-Related Ground Lease Exhibit C: Legal Description of Easement Premises I i I I 13 4850-0845-3306A I EXHIBIT A Legal Description of Grantor's Property ALL that certain plot, piece or parcel of land, 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 southeasterly line of land of the Long Island Railroad Company, where it intersects the easterly boundary line of Carl Besch, being about 1200 feet easterly from the point where said Long Island Railroad crosses the Main Road (Route 25); RUNNING THENCE along said land of Long Island Railroad Company, South 44 degrees 43 minutes 50 seconds East, 176.50 feet to the westerly fine of a 50 foot wide non-exc(usive easement; 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 northwesterly line of the Main Road, two courses and distances, as follows; 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 land of Ritzer, formerly Kersnowski; THENCE along said land of Ritzer, three courses and distances, as follows; 1) North 34 degrees 14 minutes 40 seconds West, 133.0 feet to an iron pipe; THENCE 2) North 43 degrees 47 minutes 40 seconds West, 77.0 feet to an iron pipe; THENCE 3) South 49 degrees 18 minutes 40 seconds West, 75.0 feet to land of Carl Besch; A-1 4850-0845-3306.4 RUNNING THENCE along said land of Carl Besch, North 26 degrees 44 minutes 10 seconds West, 215.37 feet to the point or place of BEGINNING. TOGETHER WITH a right-of-way or right of access for ingress and egress, utilities, and for all other purposes over that strip or portion of land bounded and described as follows: BEGINNING at a point on the northerly side of Main Road said point being the easterly corner of the strip or parcel about to be described; RUNNING THENCE South 52 degrees 1 minute 20 seconds West along the northerly side of Main Road, a distance of 50 feet to a point on the northerly side of Main Road; THENCE North 37 degrees 58 minutes 40 seconds Vilest, a distance of 439.35 feet to land now or formerly of the Long Island Railroad; THENCE North 44 degrees 43 minutes 50 seconds East along said land now or formerly of the Long Island Railroad a distance of 50.41 feet to a point; THENCE South 37 degrees 58 minutes 40 seconds East, a distance of 445.75 feet to the northerly side of Main Road and the point or place of BEGINNING. A-2 4950-0945-3306A EXHIBIT B Tower-Related Ground Lease Lease Agreement dated August 2, 2012 by and Between LAUREL STONE SUPPLY PLUS INC., a/k/a LAUREL STONE SUPPLY PLUS, INC., as lessor,and K2 TOWERS II1, LLC(as successor in interest to ELITE TOWERS, L.P.), as lessee, as amended by First Amendment to Lease Agreement dated November 16, 2015, as further amended by Second Amendment to Lease Agreement dated July 13, 2016, as further amended by Third Amendment to Lease Agreement dated August 9,2018 and as evidenced by 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. 13-1 4850-0845-3306.4 EXHIBIT C Lep,al Description of the Easement Premises 1. Tower Easement Area S 1000-122-00-06-00-035-004 on the tax map of Suffollc 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 Mattituckc,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 2. Access and Utility Easements Together with and including (a) the right to use for purposes of ingress and egress all portions of Grantor's Property suitable for providing access to the Easement Premises and the Communications Equipment and (b) all utilities, lines and facilities on Grantor's Property providing service to the Easement Premises and the Communications Equipment. C-1 4850-0845-3306.4