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HomeMy WebLinkAbout8.26.22 Submission Centerline 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 TV, AT&T site NYNYCO2219A � Premises:7055 Main Road Mattituck,NY Section 122,Block 6,Lot 35.4 Ms.Lanza: 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 OFFICE LOCATION: Town Hall Annex ;, �`� ,�� MAILING ADDRESS 54375 State Route 25 P.O. Box 1179 (cor. Main Rd.&Youngs Ave. ;y�� , 1;� ���" Southold,NY 11971 Southold,NY ����'� � Telephone: 631-765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: August 30, 2022 Re: Check 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 Nam�WWW�mm� 1 e & Type Tax Map # Amount �m check Date/No.m Dish Wireless Colocation at Laurell 122-6-35.4 �... 35.4 Stone Site Plan 1000.00 8/23/22 - #1553 �.._.. Centerline Com� 1 � w,� ,� ications._._._...n._,.mun� m . SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM ,Sijj,Plpn.NAmt Md Location Site Plan Name: �%51W j ' ..,1 Application Date: a/ Suffolk County Tax Map#1000-J �- Other SCTM #s Street Address: 70 55-1y) cd &Ad Hamlet: Distance to nearest intersection-- .................................................................... Type of Site Plan: V"N' ew Amended Residential Zoning District Owners/Agent Contact Information li st ist nanye, mailing address, aiLtf ...... _ akqr�ie nmnbc�y �o e!L±tj� _1de below: C Property Owner Lath-e/ 5-67e, ...... Street M&tn Pood City. State Zip jLq5-2, Home TelephoneOther Applicant Street % City trvg�4-1u-�,Ood State-- zip 1)-� 0 it D- "IVf- Home Telephone q Other ..................... Applicant's Agent or Representative: Contact Person(s)*--/-(—)(Aa-.--#(-wid-- Street �5 M,01,r,d- SA2, 30� City Nll�fi­,&,,��VLY z Z97 Office Telephone_- Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Sine ftnApphcotionForm 2-182010 Site Data Proposed construction type: New VModif cation of Existing Structure Agricultural Property total acreage or square footage: Al. ,A ac/s Change of use q. Site Plan build-out acreage or square footage N/ - c./sq. ft, Is there an existi ng or proposed Sale of Develo pment Rights on th��.. ...e property? Yes No If yes, explain:... Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y N I "yes", explain (and attach any necessary documentation ., title report, gubdivision approval, etc.) Building Department Notice of Disapproval Date: Is an application to the Southold Town Zoning Board of Appeals required? Yes No If yes, have you submitted an application to the ZBA?PP Yes No .....If . yes, attach a copy of the application packet. h Show all uses proposed and existing. Indicate whack building proposed per building, indicate square footage of floor area per use- List ill have whack use If more then one use is all existing property uses-_ List all proposed property uses Other accessory uses; Existing lot coverage: .n . o� Proposed lot cover age:- Gross floor area of existing structure(s):4 d .1( —sq. ft. Gross floor area of proposed structure(s) W.. ... . f exist'ng spaces OW of proposed spaces �� Loading Berth Yes No #o m Space Data":"" m Landscaping Details Existing landscape coverag e ° P _.. _ � /o Pro posed landscape a covera e.w ) /o _e m Wetlands is this ro erty w' P p 'thin 500 of a wetlandNo aybc area. Yes w_� ..�....� .�mW.� I, the undersigned, certify that all the above information is true_ Signature of Preparer , ate: , Site Plan Application horns ?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 III, 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: 1. 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 ac+coardaoce with the terms set fortl'i 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. Hsi3 DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 3. 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. Sp e i�al. Provisions.Not Applicable 5. U i ue Prime Agreement Terms.Not Applicable 6. Site Address and l egai_Uescri Lion 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- (Structure Elevation and Site Plan),and Schedule A- (Legal Description of Parcel or Survey) (together, as applicable, the "Leased Property"), each of which are attached hereto and incorporated herein. 7. 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 A4 (Collocation Application),which is attached hereto and incorporated herein by this reference. 8. MLA.° Defined'Perms• Ineg :oration of Back,rou.nd° Prince A cement. 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- (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- (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: Ds K2 Towers III,LLC Decusigned by: 6/17/2022 By:,.j ............................................ Name: Ryan D.Lepene 6/17/2022 Title: President LESSEE: DISH Wireless L.L.C. Doc Signed by. D'ocuSigned by: By: EA E2ED826474 Dave Mayo 6/19/2022 Name: ............................................................................. Title: EVP 6/21/2022 DS HSg DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA !PI SCHEDULE A-1 TO SLA COLLOCATION APPLICATION [Attached Hereafter] 3[sc DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA .f u 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- Address: 7055 Main Road,Mattituck,NY 11952 Latitude: 40 58 43.291 ......._ Longitude: 72 32 48.811 Structure Type: Concealment ole Structure Height: 120 ft Tenant(Applicant): Dish Wireless LLC Type of Service: Installation of cell antennas and e ui ment on the ground Contact Name: Jermame Parker Site Ac Contact Name: Loma Mund Contact Email: Jermaine. arker dish.com Site Ac Contact Email: hnund clinellc.com Contact Phone: 917-945-2065 Site Ac Contact Phone: 516-557-2398 www RF Contact Name: Imad Memon Construction Contact Name: Walter Pas uino RF Contact Email: Imad.memon dish.com Construction Contact Email: Walter.pasquino@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) Sector A Sector B Sector C w_wwww Desired RAD Center Feet AGL : 85 85 85 Antenna Quantiy 1 1 1 -Antenna Manufacturer Commsco a Commsco a Commsco e Antenna Model Attach Spec Sheet FW-65B-R3(P) FW-65B-R3 FW-65B-R3 Weight(per antenna) 43.8 lbs 43.8 lbs 43.8 lbs Antenna Dimensions 71.97"xl l.81" 71.97"xl l.81" 71.97"xl l.81" ERP watts wwwwwww Antenna Gain Orientation/Azimuth 50 170 290 Mechanical Tilt 0 0 0 Channels Tower Mount Description/ _ M04 Mounting Bracket M04 Mounting Bracket M04 Mounting Bracket HPA-33R-BUU-H4-K HPA-33R-BUU-H4-K HPA-33R-BUU-H4-K Dimensions 5"72„x8„ 5"x2„x811 5"x2"x8>, Tower Mount Wei ht 1.5 lbs 1.5 lbs 1.5 lbs Tower Mount Mounting Height 8" 8" 8" Transmit Frequency 0-0,2180-2200, 1995- 0-0,2180-2200, 1995- 0-0,2180-2200, 1995- 2020,632-652 2020,632-652 ,..... -202 ,632-652 m ITITITIT 0„ Receive Frequency 1915-1920 678-698 1915-1920.678-698 1915-1920,678 698 Di 1. 1?. _ _.. ,_ t ground n p 2 on ground exer uanh i� 2 at ole 2 on ound 2 at ole 2 on ound 2 at pole, Diplexer Manufacturer Commsco a Commsco a Commsco e Commscope Model(Attach Spec CDX623T-DS-T E15V95P63/ CDX623T-DS-T E15V95P63/ CDX623T-DS-T E15V95P63/ CDX623T-DS-B E15V95P62 CDX623T-DS-B E15V95P62 CDX623T-DS-B E15V95P62 Sheet) ............... .........._ ......... ......... HSC9 DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA ........ ....... ..... Wei ht der Diplexer) 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 718" 7/8 7/8" RRU Quantity 2 2 2 wawa« 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"xl5.7"x7.8"/14.9"xl5.7" 14.9"xl5.7"x7.8"/l4.9"x15.7" 14.9"xl5.7"x7.8"/14.9"xl5.7" 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 OD lbs - Dimensions per N/A N/A N/A ODU DC Power Cables— N/A N/A N/A uanti /size w__wwww Fiber Runs— N/A N/A N/A uanti /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 LRequired Voltage and Total Amperage(if using AC Power Amps andlord'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] Hsg DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA GENERAL NOTES: 5 1. ALL ANTENNA LOCATIONS ARE APPROXIMATE. TI 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 KEY MAP BE SHOWN ON THE FINAL CONSTRUCTION DRAWINGS. A5. ANY EQUIPMENT OR OTHER UTILITY IMPROVEMENTS REQUIRED BY LESSEE SCALE:N.T.S. UTILITY PROVIDERS TO SERVICE LESSEE INSTALLATION SHALL BE PERMITTED AT THE PROPERTY. EXISTING _----- 119'-6" UNIPOLE SECTOR C ._ \ 310° '1� ... / \ -,SECTOR A " — '" PROPOSED LESSEE ✓ ' \ 70° ANTENNA SECTORS \ 1 W/3-ANTENNAS TOTAL LE-2� PROPOSED LESSEE SECTOR COAX CABLES TO 190° ANTENNA SECTORS ` (TYP 12 COAX @ 7/8" DIA.) , � 1' PROPOSED NORTH COMPOUND PLAN 32" (a 32 6 SCALE: 1/32"= 1'-0" SCALE:1/32"=1'-0" LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION ECORooFR.&ONsmmmmmmm ATE DESCRIPTION I�-IT. NEW SITE BUILD DWG.NO: Salient ��yp " CL4EN"f. Nh A 3D/24/21 PRELIMINARY Mcs NYNYCO2219A s:a 325 N.10th STREET THI5®°°u�I L B 4/6/21 REVISED PER COMMENTS CWJ 7055 MAIN ROAD ARCHITECTS.LLC � E DEMO"OPERM C 6128/21 REVISED PER COMMENTS CWJ LE-1 . AND COPYRIGHT OF SALIENLVr9ildJMECT01LLZ. MATTITUCK, NY 11952 LEWISBURG, PA 17837 EOREXCLNCI'VrjJ}ESYnfE TITLE CIMKTD0NLY _... T:(201)567-0032 F:(201)567-9556 ANY DUPLICATION OR USE WITHOUT EXPRESS - WRmENCONSENTOFSALIENTARCHOECTS,LLC COMPOUND PLAN G www.salientassociates.com IS STRICTLY PROHIBITED, DocuSlsgn Envelope ID:26CDO62C-7'BCE-4D41-8D87-59E2 DA4C'A,, UTILI:Y SERVICE LEGEND* *UTILITY WALKS REQUIRED TO VERIFY FINAL LOCATION OF SERVICES AND ROUTING TO PROPOSED EQUIPMENT LOCATION. "} TELCO:TAP FROM EXISTING SERVICE PROVIDER AND ROUTE TO LESSEE TELCO ENCLOSURE+ EQUIPMENT; ` FINAL TAP LOCATION TO BE CONFIRMED BY UTILITY PROVIDER. 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. C GROUNDING: INSTALL GROUNDING RODS W/GROUND RING AND ROUTE TO LESSEE MASTER GROUND BAR; G FINAL GROUND SERVICE LOCATION TO BE CONFIRMED BY ELECTRICAL ENGINEER. PROPOSED LESSEE UTILITY CONDUITS RUN FROM SERVICE LOCATIONS TO EQUIPMENT(TYP) coAOX ly n f \\\ o ti 0 IX OE pTy T O d a PROPOSED UTILITY LAYOUT PLAN 8� 0 8 NORTH . . : LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION RECORD zaiz REVISIONS NEW SITE BUILD DWG.NO: .. 1 DESCRIPTION —IN IT, v N ........._.-........_----.. Sa Salient CLIENT� �� A DATE PRELIMINARY MGS NYNYCO2219A h STREET lLC WIRELESS 7055 MAIN ROAD L�-2 325 N.10th STREET THIS NDCOOCUMENT IS THE PYRIGHTOFSAIENTAN,PROPERTY, w MATTITUCK, NY 11952 p p AND COPVRIGFROFSALIENTARCkIffECTS,LLC. C 4282 REVISED PER COMMENTS CWJ LEWISBURG,PA 17837 FOR EXCLUSIVE USE BY THE TITLE CLIENT ONLY. 8,,,,,,,,,, s/..........11..,....,.,.,.,. T:(201)567-0032 F:(201)567-9556 ANY DUPLICATION OR USE WR'HOL7f EXPRESS �mE"°ISSENTGFSAIEdTNDHECTS,LLG UTILITY LAYOUT PLAN SG www.salientassociates.com SSTRICTLY PROHIBITED. DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA TOP OF FIRE DEPARTMENT WHIP ANTENNA +1 OP OF CONCEALMENT POLE T _ . 10"-t ";1-A G L a-i r�r o 8 11 6I 4uJ f._B'.. O I rilm t.iju o 4..Jll,L� � n¢cr LIB S SEE FAD CENTER_ 65'-0""+/AGL _ o . � b PROPOSEDLESSEE ANTENNA SECTORS W/3-ANTENNAS TOTAL 0 0 " 0 EXISTINGmmm 119'-6" UNIPOLE PROPOSED LESSEE CABLE PATHWAY TO ANTENNA SECTORS (TYP) I ' GRADE PROPOSED ELEVATION I& a, 01 32' SCALE: 1/16"= 1'-0" � � .... ........ SCALE:1/16"=1'4" LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION CLIENT'° • REECORDOFREVISIONS NEW SITE BUILD DWG.NO: RECORD DATE DESCRIPTION IN IT �SaSalient d'� 32421 PRELIMINARY MGS NYNYCO2219A 325 N.10th STREET THIS DOC WIRELESS C 416121 821 REVISEDmPERCOMMENTS CW 7055 MAIN ROAD LE-3 J LEWISBURG,PA 17837 oa COPYRIGHT HEDESIGNHITECT ARCHITECTS, `� ARCHITECTS.uc SALIENTTITLE EDTOLY MATTITUCK, NY 11952 USE SV THE TITLE CLIENT ONLY ......... ANYDUPLIGATION OR USE WITHOUT EXPRESS ......... .......... .. "' '" T:(201)567-0032 F:(201)567-9556 �I WRfREN coSSERI oLSAROHI ITED rEcrs,u.c ELEVATION Miwwsalientassociates.com ossTRlcnvPRowEITED, — "" DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA -................ PROPOSED LESSEE EQUIPMENT CABINET PROPOSED LESSEE UTILITY CONDUITS .......................... ........ ... ..... ._. RUN FROM SERVICE LOCATIONS (TYP) O�� PROPOSED *. LESSEE AUXILIARY EQUIPMENT W/6-RRH AND PROPOSED LESSEE ............... ,o 3-OVP TOTAL GPS ANTENNA PROPOSED LESSEE % EQUIPMENT PLATFORM a' (100 SQ. FT. LEASE AREA) n PROPOSED LESSEE TELCO BOX PROPOSED LESSEErx POWER CABINET m 00 O PROPOSED LESSEE CABLE PATHWAY TO ANTENNA SECTORS (TYP) h PROPOSED EQUIPMENT LAYOUT PLAN 1Y 11 T NORTH SCALE: 1/2"= 1'-0" =cAiE:iz' i_u„ .. .:..LEASE EXHIBITS ARE A CONCEPTUAL PRESENTATION FOR LEASING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION REC RD OF SIONS CLpENT. NA o3/24/21VIDESCRIPTION m .. ........MGg NEW SITE BUILD DWG.NO: DATE DESCRIPTION INIT Salient NYNYCO2219A �. ._.__.._. E R COMMENTS L 25 N.1 th STREET DOCUMENT COMMENTS J 7055 MAIN ROAD L E ARCHITECTS,LLC WIRELESS ISTNEDESBGN,PNOPS.LL MENTs cw MATTITUCK, NY 11952 AND COPVRIIVE OX BY THE FLECARCHr TENT LLO. E EV THE TITLE CLIENT ONLY. 6/26121 REVISED PER COMmmmm.......... T:(20�96alentassociates.6oR9556 wa cIssFmor�su1,11wTFO,EXPRESS c ..............------- EQUIPMENT LAYOUT PLAN �/ 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 LEASE AGREEMENT THIS LEASE AGREEMENT("LEASE"),dated as of the latter of the signature dates below (the "Effective Date"), is made as of this 2 day of �h. LLS.t ,20t2 by and between LAUREL STONE SUPPLY PLUS INC-,a New York corporation having an address at 6865 & 7055 MAIN RD MATTITUCK, NEW YORK, 11952 ("lessor") and ELITE TOWERS, LP, a Pennsylvania 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 as more particularly described In Exhibit A annexed hereto and made a part hereof(the"Site");and ) ) WHEREAS, Lessee will enter into an agreement (the "Subleases") with wireless telecommunication providers, to 1.2 provide and secure broadband wireless service("Wireless Services");and 1 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. 1 17 1. OPTION TO LEASE: 1 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 ) Exhibit B,together with unrestricted access for Lessee's uses from the nearest public right-of-way along the Property to the 2 Premises as described on the attached Exhibit B. 2.1 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 6 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 O (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 7 the physical condition of the Property, the environmental history of the Property, Lessor's title to the Property and the aJ 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 35 not such defect or condition is disclosed by Lessee's inspection. Lessee will restore the Property to its condition as it 6 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. 0 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 4 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. (j From and after the date the Option has been sold,assigned or transferred by Lessee to a third party agreeing to be subject 1 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. i Site Name: LAURELSTONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 3-fSI� DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 54 E. During the Initial Option Term and any extension thereof, Lessee may exercise the Option by notifying Lessor in 55 writing. If Lessee exercises the Option then Lessor leases the Premises to the Lessee subject to the terms and conditions of 56 this Agreement. If Lessee does not exercise the Option during the Initial Option Term or any extension thereof, this 57 Agreement will terminate and the parties will have no further liability to each other. 58 59 F. If during the Initial Option Term or any extension thereof, or during the term of this Agreement if the 60 Option is exercised, Lessor decides to subdivide,sell,or change the status of the zoning of the Premises, Property or any of 61 Lessor's contiguous,adjoining or surrounding property(the"Surrounding Property,"which includes(without limitation)the 62 remainder of the structure)or in the event of foreclosure, Lessor shall immediately notify Lessee in writing. Any sale of the 63 Property shall be subject to Lessee's rights under this Agreement. Lessor agrees that during the Initial Option Term or any 64 extension thereof,or during the Term of this Agreement if the Option is exercised, Lessor shall not initiate or consent to any 65 change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other restriction that 66 would prevent or limit Lessee from using the Premises for the uses intended by Lessee as hereinafter set forth in this 67 Agreement. 68 69 2. LEASED SPACE AND PREMISES: Lessor shall lease,and hereby leases,to Lessee approximately 2500 square feet of 70 space as depicted in Exhibit A attached hereto (the "Leased Space") within the property commonly known as 6865&7055 71 MAIN RD MATTITUCK, NEW YORK,11952 County,tax map parcel/property identification number S1000-125-00-01-00-019- 72 004 and S1000-122-00-06-00-035-004 and located in the Town of Southold with the legal description set forth in Exhibit B 73 attached hereto ("Premises"). Lessor also hereby grants to Lessee the right to survey the Leased Space at Lessee's cost. 74 The survey will automatically replace Exhibit A and be made a part hereof. The Leased Space legal access and utility 75 easement set forth in the survey will replace any parent parcel description set forth in Exhibit B as soon as it becomes 76 available. In the event of any discrepancy between the description of the Leased Space contained herein and the survey, 77 the survey will control. The Leased Space will be utilized to construct, support and operate a wireless communications 78 facility, including a communications tower, antennas, cables, and related structures and improvements (collectively the 79 "Structures"), including the uses as permitted and described in Section 7 of this Lease and for any other purpose with the 80 Lessor's prior written consent which shall not be unreasonably withheld or delayed. 81 82 3. PERMITTED USE: 83 84 A. The Leased Space may be used by Lessee solely for the transmission and reception of radio 85 communication signals and for the construction, installation, operation, maintenance, repair, removal or 86 replacement of related facilities, including, without limitation,tower/monopole/flagpole and foundation, 87 antennas, lines, microwave dishes, equipment shelters and/or cabinets and related equipment 88 ("Facilities"). 89 90 B. Lessee, at Lessee's expense, may use any and all appropriate means of restricting access to the Leased 91 Space,including,without limitation,the construction of a fence. 92 93 C. Lessee must,at Lessee's sole expense, comply with all laws,orders,ordinances,regulations and directives 94 of applicable Federal, State, County, and Municipal authorities or regulatory agencies, including the 95 Federal Communications Commission ("FCC"), relating to Lessee's use of the Leased Space as a 96 communications facility,including the installation of required warning signage. 97 98 D. Lessee and its agents,engineers,surveyors and other representatives will have the right to enter upon the 99 Premises to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency 100 testing and other geological or engineering tests or studies of the Premises (collectively, the "Tests"),to 101 apply for and obtain agreements, permits, approvals, or other relief required of or deemed necessary or 102 appropriate at Lessee's sole discretion for its use of the Leased Space and include, without limitation, 103 applications for zoning variances, zoning ordinances, amendments, special use permits, and construction 104 permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary 105 utilities, and otherwise to do those things on or off the Premises that, in the opinion of Lessee, are 106 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 HSf - DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 107 environmental history of the Premises, Lessor's title to the Premises and the feasibility or suitability of the 108 Leased Space for Lessee's Permitted Use,all at Lessee's expense_ Lessee will not be liable to Lessor or any 109 third party on account of any pre-existing defect or condition on or with respect to the Premises,whether 110 or not such defect or condition is disclosed by Lessee's inspection. Upon completion of the Tests, Lessee 111 will restore the Premises to its condition as it existed at the commencement of the Tests, reasonable wear 112 and"tear and casualty not caused by Lessee excepted. In addition, Lessee shall indemnify, defend and 113 hold Lessor harmless from and against any and all injury, loss, damage or claims arising directly out of 114 Lessee's Tests. 115 116 E, Neither Lessor, nor its successors or its assigns, will use or suffer or permit another person, corporation, 117 company, or other entity to use the Premises or any adjacent parcel of land now or hereafter owned, 118 leased or managed by Lessor, its successors or assigns,for the uses permitted herein or other uses similar 119 thereto. 120 121 4. TERM: 122 123 A. The term of this Agreement shall be ten (10)years, commencing on the date of commercial operation of 124 the Lessee's Site ("Commencement Date"). 125 126 B. This Lease shall be automatically renewed for Eight (8)additional terms (each "Extension Terms") of five 127 (5) years each, unless Lessee provides Lessor with written notice of Lessee's intention not to renew this 128 LEASE not less than ninety(90)days prior to the expiration of the Initial Term or the any Extension Term. 129 130 C. If Lessee remains in possession of the Leased Space after the termination of this Lease,then Lessee will be 131 deemed to be occupying the Leased Space on a month-to-month basis ("Holdover Term"), subject to the 132 terms and conditions of this Lease. 133 134 E. The Initial Term, Extension Term,and Holdover Term are collectively referred to as the Term("Term"), 135 136 5. FEES: 137 138 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 141 the first day or end on the last day of a month, the Lease Fee for that partial month will be prorated by 142 multiplying the monthly Lease Fee by a fraction, the numerator of which is the number of days of the 143 partial month included in the Initial Term or Renewal Term and the denominator of which is the total 144 number of days in the full calendar month. 145 146 B. Beginning with second year of the Initial Term of the base rent, and each year thereafter, including 147 throughout all Extension Terms and Holdover Terms, the Lease Fee shall be increased by IfMI over the previous year's Lease Fee. 150 & TERMINATION: 151 152 A. Lessee shall have the right to terminate this Lease(i)upon not less than ninety(90)days'notice to Lessor, 153 at any time;and (ii) upon not less than thirty(30)days' notice to Lessor,if(a) any Governmental Approval 154 required for Lessee's use of the Leased Space is rejected or withdrawn (notwithstanding Lessee's diligent 155 efforts to obtain and/or maintain such Governmental Approval), (b) Lessor shall default in any of its 156 obligations hereunder, including,without limitation any obligation to maintain and repair the Premises or 157 the Leased Space, (c) if any equipment installed on the Premises after the Commencement Date 158 unreasonably interferes with Lessee's equipment installed on the Leased Space(d)Lessee determines that 159 technical problems or radio interference problems from other antennas or from nearby radio transmitting Site Name: IAURELSTONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 HS15 "� DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 160 facilities,which problems cannot reasonably be corrected, impair or restrict Lessee from using the Leased 161 Space for Lessee's intended purpose; (e) Lessee determines that it does not have acceptable and legally 162 enforceable means of ingress and egress to and from the Leased Space; (f) Lessor does not have legal or 163 sufficient ownership of or title to the Leased Space or Premises or the authority to enter into this Lease; 164 (g) utilities necessary for Lessee's contemplated use of the Leased Space are not available;(h)the Leased 165 Space is damaged or destroyed to an extent which prohibits or materially interferes with Lessee's use of 166 the Leased Space or Lessee's equipment and attachments thereto; (i) the Premises now or hereafter 167 contains a Hazardous Material; 0) Lessee is unable to obtain a Subordination, Non-disturbance and 168 Attornment Agreement; (k) a material default by Lessor occurs; (I) Lessor fails to perform any of the 169 material covenants or provisions of this Lease or if any representation or warranty contained herein is 170 found to be untrue; (m) the Leased Space is the subject of a condemnation proceeding or taking by a 171 governmental authority, or quasi-governmental authority with the power of condemnation, or if the 172 Leased Space is transferred in lieu of condemnation (rent will be abated during the period of 173 condemnation or taking); (n) if Lessee determines, in its sole discretion, that it will be unable to use the 174 site for any reason. In the event of termination by Lessee pursuant to this provision, Lessee will be 175 relieved of all further liability hereunder. Any rental fees paid prior to the termination date will be 176 retained by Lessor. In the event Lessor fails to perform its obligations under this Lease for any reason 177 other than Lessee's breach, Lessee may pursue all remedies available at law and in equity. Lessor hereby 178 acknowledges that Lessee will incur significant expenses in reliance on this Lease,and therefore agrees to 179 pay Lessee for all consequential damages which Lessee will suffer as a result of Lessor's breach. 180 181 7. ACCESS: 182 183 A. Before the Commencement Date of this Lease, Lessee shall have access to the Site to conduct the Tests. 184 185 B. In connection with the construction and installation of Lessee's Facilities Lessee shall have access to 186 Lessor's electric power and telephone lines,together with any other necessary connecting appurtenances, 187 as well as any easement necessary to connect the foregoing services to Lessee's Facilities. 188 189 C. At all times during the Term of this Lease, Lessee shall have twenty-four(24) hour per day,seven (7) day 190 per week access to the Site for the construction, installation, maintenance, replacement, modification, 191 upgrade, operation, and removal of Lessee's Facilities as necessary or desirable to provide the Wireless 192 Service. 193 194 8. CONSTRUCTION AND ALTERATION: 195 196 A. Prior to the commencement of initial construction and any subsequent material alteration of the 197 communications facilities, Lessee must submit to Lessor work plans, including any subsequent additions 198 or revisions, (collectively, "Plans") for Lessor's approval. Lessor must approve all such Plans by written 199 response to Lessee within five (5) days following receipt of the Plans from the Lessee. If Lessor fails to 200 provide a written response within five (5) days following receipt of the Plans from Lessee,the Plans shall 201 be deemed accepted by Lessor. 202 203 B. Lessee's construction, installation, maintenance, replacement, modification, upgrade, operation, and 204 removal of communications facilities on the Leased Premises must meet or exceed standards for such 205 work. 206 207 C. Lessee shall install its own electrical utilities and meter at Lessee's expense,and may improve the present 208 utilities on the Premises as may be necessary. Lessor agrees to use reasonable efforts in assisting Lessee 209 to acquire necessary utility service. Lessee shall install separate meters for utilities used on the Leased 210 Space by Lessee. Lessee shall have the right to install necessary conduits from the Leased Space to the 211 point of connection within the Premises. Following installation of a separate meter Lessee shall receive 212 monthly utility bills directly from utility provider. Site Name: LAURELSTONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 .7-!SG DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 213 214 9. INTERFERENCE: Lessor shall not, and shall not permit others, to install new equipment or make changes to 215 existing equipment at the Site if such installations or changes will cause interference with Lessee's operations at the Site. In 216 addition, Lessor agrees that all telecommunications agreements affecting the Site entered in after the Effective Date of this 217 Lease, which authorize persons to engage in communications transmission activities in or about the Site,shall require that 218 such activities be conducted in a manner which will avoid interference with the permitted use by Lessee from the Site. In 219 the event any such interference occurs, Lessor shall cause such interference to be eliminated within twenty-four(24) hours 220 after notice of such interference. In the event that any such interference does not cease within twenty-four (24) hours 221 after Lessee gives Lessor notice of such interference,then such interference will be deemed to unreasonably interfere with 222 Lessee's equipment installed on the Leased Space and Lessee will have the right,in addition to any other rights Lessee may 223 have at law or in equity, for Lessor's material breach of this Lease, to elect to enjoin such interference or to terminate this 224 Lease upon written notice to Lessor in accordance with Paragraph 6 of this Lease. 225 226 10. APPROVALS: Lessee shall obtain all Leases, permits, certificates and other approvals required by federal, state or 227 local authorities for the foregoing uses and improvements to the Leased Space("Governmental Approvals"). Lessor agrees 228 to cooperate with Lessee in Lessee's efforts to obtain the Governmental Approvals. Upon request from Lessor, Lessee shall 229 provide Lessor with a complete list of any and all application(s) required for a Government Approval filed by Lessee or its 230 agent, in connection with the occupancy and use of the Site as contemplated herein. 231 232 11. COVENANTS AND WARRANTIES: 233 234 A. Lessor covenants and warrants that:(i) Lessee or any transferee permitted hereunder, upon the payment 235 of the Lease Fee and performance of all the terms,covenants and conditions under this Lease, shall have, 236 hold and enjoy the Leased Space during the Term or any renewal or extension hereof. Lessor will take no 237 action that is not expressly permitted by this Lease Agreement that will interfere with Lessee's intended 238 use of the Leased Space, nor will Lessor fail to take any action or perform any obligation necessary to 239 fulfill Lessor's covenant to Lessee of quiet enjoyment in accordance herewith; (ii) no part of Lessee's 240 Facilities constructed, installed, maintained, replaced, modified, upgraded, or operated on the Leased 241 Space will become,or be considered as being affixed to or a part of,the Site, it being the specific intention 242 of the Lessor that all improvements of every kind and nature constructed or installed on the Leased Space 243 by Lessee will be and remain the property of the Lessee and may be removed by Lessee at any time on or 244 before termination or expiration of this Lease. 245 246 B. Lessee and Lessor warrant to each other that: (i) each has full right, power, and authority to enter into 247 this Lease; (ii)this making of this Lease and the performance thereof will not violate any laws, ordinance, 248 restrictive covenants, or other agreements under which such party is bound and does not require the 249 consent or approval of any person or party; (iii) each party is qualified to do business in the State of New 250 York;and(iv)all persons signing on behalf of each party were authorized to do so by appropriate action. 251 252 12, SUBORDINATION: If the Site is or becomes encumbered by a deed to secure a debt, mortgage, or other security 253 interest, Lessor shall use all reasonable efforts to provide Lessee within 60 days a mutually-agreeable Subordination, Non- 254 Disturbance and Attornment Agreement. 255 256 13. REPAIRS AND MAINTENANCE: Lessee shall, at Lessee's sole expense, keep and maintain the Leased Space in good 257 condition, reasonable wear and tear and damage from the elements excepted. Lessor shall maintain and repair the Site 258 and access thereto in good condition, subject to reasonable wear and tear and damage from the elements. If Lessee is 259 unable to use the Leased Space because of required repairs on the Leased Space,then, in addition to any rights that Lessee 260 may have pursuant to Paragraph 5(A)(c)of this LEASE, Lessee may immediately and temporarily install on the Leased Space 261 or an unused portion of the Site,Lessee's Facilities while Lessor makes repairs to the Leased Space. Lessee may temporarily 262 install Lessee's Facilities on an unused portion of the Site designated by Lessee,subject to Lessor's consent,which may not 263 be unreasonably withheld. 264 265 Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 9-CS6 DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 266 14. WAIVER OF LIENS: 267 268 A. Lessee will not subject Lessor's interest in the Site to any mechanic's lien or any other lien whatsoever. If 269 any mechanic's lien or other lien, charge or order for payment of money will be filed as a result of the act 270 or omission of Lessee, Lessee will cause such lien, charge or order to be discharged or appropriately 271 bonded or otherwise reasonably secured ("Secured") within thirty (30) days after notice from Lessor 272 thereof. Lessee shall indemnify and hold Lessor harmless from all liabilities and costs to the extent 273 resulting directly from Lessee's failure to timely secure same. 274 275 B. Lessor will not subject Lessee's interest in the Lessee Facilities to any mechanic's lien or any other lien 276 whatsoever. If any mechanic's lien, other lien, charge or order for payment of money will be filed as a 277 result of the act or omission of Lessor, Lessor will cause such lien, charge or order to be discharged or 278 appropriately bonded or otherwise reasonably secured ("Secured") within thirty (30) days after notice 279 from Lessee thereof. Lessor shall indemnify and hold Lessee harmless from all liabilities and costs to the 280 extent resulting directly from Lessor's failure to timely secure same. 281 282 15. TAXES: 283 284 A. Lessee shall be solely responsible and shall timely pay all personal property taxes levied and assessed 285 against it or its Facilities. Lessor shall pay all taxes assessed against the Site except in the event that an 286 increase in the real property taxes of the Site is directly attributable to Lessee's Facilities only for so long 287 as the Lease remains in effect. Lessee shall then pay that portion of the real property taxes. Lessor shall 288 timely submit a copy of the tax bill and request for reimbursement to the Lessee. 289 290 B. Lessor shall, within seven (7) days of receipt of notice of any increase in taxes, assessments, or other 291 charges,send a copy of such notice by certified mail,return receipt requested,to Lessee. If Lessor fails to 292 give Lessee such notice as set forth above, Lessor will be responsible for payment of any increases and 293 Lessee shall have the option to pay the same and deduct such payment from Lease Fee or any other sums 294 next due.At the request of either Lessee or Lessor,the other shall provide evidence of payment of taxes. 295 296 16. INDEMNIFICATION: 297 298 A. Lessee agrees to indemnify, defend and hold Lessor harmless from and against any and all injury, loss, 299 damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable 300 attorneys' fees and court costs but excluding personal property taxes) arising directly from (i) the 301 installation, use, maintenance, repair or removal of the Facilities or(ii) Lessee's breach of any provision of 302 this Lease Agreement, except to the extent attributable to the negligent or intentional act or omission of 303 Lessor or any of its employees,agents or independent contractors. 304 305 B. Lessor, agrees to indemnify, defend and hold Lessee harmless from and against any and all injury, loss, 306 damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable 307 attorneys'fees and court costs but excluding real property or personal property taxes) arising directly out 308 of(i)any act or omission of Lessor, or(ii) any breach by Lessor of any provision of this Lease Agreement, 309 except to the extent attributable to the negligent or intentional act or omission of Lessee, its employees, 310 agents or independent contractors. 311 312 C. Notwithstanding anything to the contrary in this Lease,Lessee and Lessor each waive any claims that each 313 may have against the other with respect to consequential,incidental,or special damages. 314 315 316 317 318 Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 5 3-CSG DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 319 17. INSURANCE: 320 321 A. Lessee must, during the Term of this Lease, at Lessee's sole expense, obtain and keep in-force the 322 following insurance: (i) "All-risk" property insurance for an amount equal to ninety (90%) percent of the 323 replacement cost of Lessee's Facilities; (ii) commercial general liability insurance with a minimum limit of 324 liability of one (1) million Dollars ($1,000,000) combined single limit and three (3) million Dollars 325 ($3,000,000) in aggregate, inclusive of any excess/ umbrella liability coverage, for bodily injury and/or 326 property damage together with an endorsement for contractual liability, naming Lessor as additional 327 insureds;and(iii)Workers'Compensation Insurance as required by law. 328 329 B. Lessor must, during the Term of this Lease, at Lessors sole expense, obtain and keep in-force the 330 following insurance: (i) "All-risk" property insurance for an amount equal to ninety (90%) percent of the 331 replacement cost of Site (excluding the cost of Lessee's Facilities and Lessee's Equipment); and (ii) 332 commercial general liability insurance with a minimum limit of liability of one (1) million Dollars 333 ($1,000,000)combined single limit and three(3) million Dollars($3,000,000)in aggregate,inclusive of any 334 excess/ umbrella liability coverage, for bodily injury and/or property damage together with an 335 endorsement for contractual liability, naming Lessee as additional insureds. Lessor is required to provide 336 notice to Lessee in the event any insurance coverage required herein is terminated or the amount of 337 coverage is reduced below the amounts set forth herein at Lease thirty(30) days prior to the termination 338 or reduction. 339 340 C. All required insurance policies must be taken out with reputable national insurers that are licensed to do 341 business in the State of New York. Any insurance required of Lessee may be provided by a blanket .3 insurance policy covering the Leased Space and other locations of Lessee's, provided that such blanket 343 insurance complies with all of the other requirements of this Lease with respect to the type and amount 344 of insurance required and provided that the insurance carrier is required to provide notice to Lessor in the 345 event that the blanket insurance coverage is terminated or the amount is reduced below the amounts set 346 forth herein. 347 348 D. The Lessee and Lessor will deliver to the other certificates of insurance as soon as practicable after the 349 placing of the required insurance, but not later than the Commencement Date of this Lease. The Lessee 350 and Lessor will also deliver to the other copies of their respective renewal certificates at least thirty (30) 351 days prior to the expiration thereof. 352 353 18. CASUALTY: Lessor will provide notice to Lessee of any casualty affecting the Site within forty-eight (48) hours of 354 the casualty. If there is a casualty to the Leased Space, Lessee, at Lessee's sole cost and expense, may temporarily install 355 Lessee's Facilities on an unused portion of the Site designated by Lessee, subject to Lessors consent, which shall not be 356 unreasonably withheld, while Lessor makes repairs to the Leased Space. Upon completion of such repair or restoration, 357 Lessee is entitled to reinstall Lessee's Facilities. In the event that such repairs or restoration will reasonably require more 358 than sixty (60) days to complete, Lessee shall have the right to terminate this Lease upon thirty (30) days prior written 359 notice, in which event the Term shall be deemed to have terminated on the date of the casualty. Notwithstanding the 360 foregoing, in the event the Site is totally or substantially destroyed,Lessor may at its discretion,within sixty(60)days,notify 361 Lessee of Lessors intent not to restore/rebuild the Site, in which event this Lease will be deemed to have been terminated 362 on the date of the casualty. Upon termination of this Lease pursuant to this Paragraph 17, the Lease Fee shall be 363 apportioned and any portion of the Lease Fee paid in advance for any period after such date shall be refunded by Lessor to 364 Lessee. 365 366 19. CONDITIONS ON SURRENDER: On or before termination or expiration of this Lease Agreement, Lessee shall 367 remove the Facilities and any alterations, additions or improvements installed in or about the Leased Space, and Lessee 368 shall repair any damage caused by such removal, and shall otherwise surrender the Leased Space at the expiration of the 369 term, as same may have been extended,or earlier termination thereof, in good condition, ordinary wear and tear and acts 370 of God excepted. Lessee shall not be required to remove foundations more than two feet below grade. 371 Site Name: LAURELSTONE Site Address:7055 MAIN RD MATTiTUCK,NEW YORK,11952 7 3{SSC DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 372 20. ENVIRONMENTAL: 373 374 A. Lessor represents and warrants that the Site is free of hazardous substances as of the date of this Lease, 375 and, to the best of Lessor's knowledge, the Site has never been subject to any contamination or 376 hazardous conditions resulting in any environmental investigation, inquiry,or remediation. 377 378 B. Lessee agrees that it will be responsible for compliance with any and all environmental and industrial 379 hygiene laws, including any regulations,guidelines,standards, or policies of any governmental authorities 380 regulating or imposing standards of liability or standards of conduct with regard to any environmental or 381 industrial hygiene condition or matters as may now or at any time hereafter be in effect,that are now or 382 were related to its activity conducted in,or on the Leased Space. 383 384 C. Lessee agrees to hold harmless and indemnify Lessor from and to assume all duties,responsibilities, and 385 liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties, 386 sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, 387 summons, citation,directive,litigation, investigation or proceeding which is related to(i)failure to comply 388 with any environmental or industrial hygiene law, including without limitation any regulations,guidelines, 389 standards or policies of any governmental authorities regulating or imposing standards of liability or 390 standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may 391 now or hereafter be in effect,or(ii)any environmental or industrial hygiene conditions that arise out of or 392 are in any way related to the condition of the Leased Space or activities conducted by Lessee thereon, 393 unless the environmental conditions are caused by the Lessor. 394 395 D. The provisions of this Paragraph shall survive the expiration or termination of this Lease. 396 397 21. DEFAULT: 398 399 A. In the event either party shall fail to comply with any of the provisions of this Lease or shall default in any 400 of its obligations under this Lease, the non-defaulting party may, at its option, terminate this Lease 401 provided written notice of such default in accordance with the provisions of this Lease has been given and 402 the defaulting party has failed to cure the same within fifteen (15) days with respect to the failure to pay 403 any monies; or, with respect to the failure to perform or comply with any non-monetary obligations 404 hereunder,the defaulting party has failed to cure within sixty(60)days or, in the event that the default is 405 not capable of being cured within sixty (60) days,then commence to cure within sixty (60) days and has 406 failed to diligently proceed to cure. No such failure to cure a material default, however,will be deemed to 407 exist if Lessee has commenced to cure such default within said period and provided that such efforts are 408 prosecuted to completion with reasonable diligence. Delay in curing a material default will be excused if 409 due to causes beyond the reasonable control of Lessee. 410 411 B. In addition, except in an emergency, Lessor will not cure any alleged default by Lessee until after the 412 expiration of Lessee's time to cure such default as provided herein above and then only if Lessee has 413 failed, during such period, to cure such default or perform such act. If Lessor shall cure the default of 414 Lessee pursuant to the foregoing,then Lessor shall submit a bill for the actual cost of affecting such cure 415 (together with creditable,supporting documentation)and same shall be paid promptly upon receipt. 416 417 22. ASSIGNMENT AND SUBLETTING: 418 419 A. Lessee shall have the right to assign this Lease or Sublease the Facilities, without the prior consent of 420 Lessor. Lessee shall provide Lessor with written notice of any such assignment. With prior notice to 421 Lessor, Lessee may collaterally assign and grant a security interest in Lessee's Facilities from time to time 422 in favor of any holder of indebtedness borrowed by Lessee("Lender"),whether now or hereafter existing. 423 B. Lessor agrees to allow Lender the opportunity to remedy or cure any monetary default as provided for in 424 the Agreement. Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 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 &y 3-CSG DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 478 27. COORDINATION OF OPERATION: Lessor shall endeavor to give Lessee notice of any repairs, alterations, additions 479 or improvements to be made with respect to the maintenance and operation affecting the Leased Space or of any planned 480 shutdowns associated with the Property for scheduled or routine maintenance that may materially and adversely affect the 481 operation of Lessee's communications facility (except in the case of emergency where advance written notice cannot 482 reasonably be given, in which event, Lessor shall give Lessee telephonic notice at a number previously provided by Lessee 483 to Lessor. 484 485 28. TITLE REPORT;RECORDING OF LEASE: Lessee shall have the right to order a title search of the Site at Lessee's sole 486 cost and expense and Lessor shall use commercially reasonable efforts to cooperate with any such search. Lessee shall 487 have the right to record a memorandum of this Lease Agreement. 488 489 29. BROKERS: Lessee and Lessor each hereby represents to the other than it has not dealt with any real estate broker, 490 finder or other agent in connection with the negotiation of this Lease or any agreements contemplated hereby.In the event 491 a real estate broker, finder or other agent is used in connection with the negotiation of this Lease, then Lessor shall be 492 obligated to pay all costs and fees in connection therewith. 493 494 30. PARTIES BOUND BY LEASE:This Lease shall extend to, and be binding upon,the heirs, executors, administrators, 495 successors and assigns of the parties hereto. 496 497 31. GOVERNING LAW:This Lease and the performance hereunder shall he governed, interpreted and construed under 498 the laws of the State of New York. 499 500 32. OBSTRUCTION: Lessee agrees that no portion of the sidewalks, entries, vestibules, halls, elevators, or ways of 501 access to public utilities of the Property shall be obstructed by Lessee or used for any purpose other than for ingress and 502 egress to and from the Leased Space. 503 504 33. ADVERTISEMENTS: Lessee shall not use the name of Lessor in any advertisement or in any other written or oral 505 communication. Lessee shall not post or exhibit or allow to be posted or exhibited any advertisements, show bills, 506 lithographs, posters, cards or flyers of any description on any part of the Leased Space without prior written approval of 507 Lessor. 508 509 34. RELATIONSHIPS OF THE PARTIES: Nothing contained herein, nor any act of the parties shall be construed as 510 creating a partnership,joint venture or association of any kind.The only relationship intended to be created by this Lease is 511 that of Lessee and Lessor. Lessee shall in no way represent to others, either orally, in writing, or in advertisements or 512 promotional material of any kind that there is any relationship other than Lessor and Lessee between the parties. 513 514 35. LEGAL FEES: If any party institutes a legal proceeding to enforce its rights arising under this Lease, the prevailing 515 party in such legal proceeding as finally determined shall have the right to recover from the unsuccessful party the 516 reasonably out-of-pocket costs and expenses (including, without limitation, reasonable attorneys'fees and disbursements) 517 that the prevailing party actually incurred in connection therewith. 518 519 36. MISCELLANEOUS: 520 521 A. Amendment/Waiver: This Lease cannot be amended, modified or revised unless done in writing and 522 signed by an authorized agent of the Lessor and an authorized agent of the Lessee. No provision may be 523 waived except in a writing signed by both parties. 524 525 B. Interpretation: Unless otherwise specified, the following rules of construction and interpretation apply: 526 (i) captions are for convenience and reference only and in no way define or limit the construction of the 527 terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but 528 not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise 529 stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, 530 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 10 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 Ii 3-CSG 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. 560 561 By: 562 Name: EDWARD R.SCHMIDT 563 Title: P r psiqJeA1,,,,r0arxr.y- 564 Date: 125-11-2,5 566 LESSEE: ELITE TOWERS, LP 567 By:CMET,LLC,Its general partner 568 569 By; 570 Name: David U.Lee 571 Title: Managing Member 572 Date: 911- ,. 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 12 DocuSign Envelope ID:26CD062C-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 of13LA ,,, , 20��efore me, the undersigned, personally appeared EDWARD R. 595 SCHMIDT, personally known to me or proved to the 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 7 v i^ .. 600 Il ARY P�). . . 1 r� (71 N_;W, ORK Notary Public 601ri� �Li uua„,. uI�u le My Commission Expires: I I 602 14 COMMR 7KQ�4 ICwHI-InEG 0C 1 F 15,CIO 603 604 LE EE ACKNO LEDGEMENT: 605 606 STATE OF 6M1 lUU U 607 y SS.: 608 COUNTY OF C 3 ,� 609 �� 610 On the l.-day of A4_tj�ry '20 1'before me, the undersigned, personally appeared David U, Lees 611 personally known to me or proved to me 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 i'CQMMQNWEAUH OF*FENNSYLYAi^r, Notary Public: 617 NOTARIAL SEAL My Commission Expires: a Z. 618 SUEANN COX-NOTARY PUBLIC% 619 q East Whiteland Twp.,Chester County: "�"�COMMISSION EXI�I�ES DEC.�0„��TI.�q Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 13 3-LSC� 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 MATTITUCK,NEW YORK,11952 d O V'1 M � � N U CD c r-7O � N E- 0 bA y O a a - .✓ C cd U a Y O v z Q. E C E y 2 GU 7y. V"1 — G •7 y 3 0 00 U O ct C c b E v 0 all on P CD 0 c o� CN .y x a � � U � Q rn to o N W rn P � +r i O, ❑ a7 0. .y � N m 414�" y ^ Z04 � U G L f"1 Q v U ........ __ �] ono � C] Ev- 0 N CL W rn En µ 0 � 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 MATTITUCK, NEW YORK, 11952 634 635 The Site described and/or depicted as follows: 636 c :6 ivl ivwo . Beginning at a point on the northerly side of Main Road where the sale is intersected by the westerly side of land now or formerly of Saland and from said point of beg nningf- ,unn;ing 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 p Island Railroad; 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; Runni �, e south 26 degrees 00 minutes 30 seconds east, a s dista", , "C2. . 37 feet to the point or glace of beginning: 637 638 BEGINNING at a ocj-a on the southeasterly line of land of Ire Long Is?a,zd Railroad Company. vrhdre it Intersects the easterly boundary line of Carl Besch, being abolut'200 feet easterly fro-i the point mere said Long Island Railroad crosses the Mai-Road(Route 25): RUNNING THENCE along said land of Lorc Island Railroad Cornpam,%South 4®degrees 43 minutes 50 seco-ds East, 176.50 feet to the westerly line of a 50 foot ®ride non-exclusive easement: THENCE South 37 degrees 53 rninutes 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 df the Main Road,two c®Lrses and distances,as`olio is, 1)Soith 52 degrees 01 minute 20 seconds West, 105.26 feet; THENCE 2)Soslh 51 deg°ees 55 mnutes 20 seconds Nest,37,72 feet to land of Ritzera formerly I4ersrovtski; THENCE along said land of Rier,three courses and distances,as follows; 11 Roru 34 decrees 14 r inAs 40 seconcs bYest, 133,0 feet to an iroi pipe; THENCE 2)North 43 degrees 47 w'iutes 40 seconds West,77.0 feet to an ;rcn pipe, THENCE 3) South 49 degrees 18 minutes 40 seconds Was 75.0 fi lard of Carl Besch; 639 Site Name: LAURELSTONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 l 3CS DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 640 MEMORANDUM OF LEASE 641 642 Prepare Return to: 643 ELITE TOWERS, LP ELITE TOWERS, LP 644 87 N. Industry Ct.,Ste.J 87 N. Industry CT.,Ste.J 645 Deer Park, NY 11729 Deer Park,NY 11729 646 647 Re:Site Name# LAUREL STONE;Site Address:665&7055 MAIN RD MATTITUCK NY 11952 State:NY County:Suffolk 648 649 MEMORANDUM 650 OF 651 LEASE 652 653 This MEMORANDUM OF LEASE is made as of this day of AUq U ST , 20) 2— by and between LAUREL STONE 654 SUPPLY PLUS INC., New York corporation, having an address at 6865 & 7055 MAIN RD MATTITUCK, NEW YORK, 11952, 655 11779 ("Lessor") and ELITE TOWERS, LP, a Pennsylvania limited partnership, having an address at 87 North Industry Court, 656 Suite J, Deer Park, NY 11729("Lessee"). 657 658 1. The term of this Agreement shall be ten (10)years, commencing on the date of commercial operation of 659 the Lessee's Site("Commencement Date"). 660 661 2. This Lease shall be automatically renewed for Eight (8) additional terms (each "Extension Terms") of five 662 (5) years each, unless Lessee provides Lessor with written notice of Lessee's intention not to renew this 663 Lease not less than ninety(90)days prior to the expiration of the Initial Term or the any Extension Term. 664 665 3. The portion of the Site being Leased to Lessee (the "Leased Space or Premises") is described in Exhibit A 666 annexed hereto. 667 668 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as 669 amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby 670 ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the 671 provisions of the Agreement,the provisions of the Agreement shall control. The Agreement shall be binding 672 upon and inure to the benefit of the parties and their respective heirs,successors, and assigns,subject to the 673 provisions of the Agreement. 674 675 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 U !*A 679 By: 680 Name: EDWARD R.SCHPIJMIT 681 Title: 682 Date: 683 LESSEE: ELITE TOWERS,LP 684 By:CMET,LLC,its general partner ` � 685 By: . 686 Name: David U.Lee 687 Title: Managing Member 688 Date: Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 Iy, 3-IsG DocuSign Envelope ID:26CDO62C-7BCE-4D41-8D87-59E2993DA4CA 689 690 LESSOR ACKNOWLEDGEMENT: 691 692 STATE OF NEW YORK 693 )SS.:. 694 COUNTY OF SUFFOLK 695 696 On the �S day of Is w���' b, , 20 l before me, the undersigned, personally appeared EDWARD R. 697 SCHMIDT, personally known to me or proved to min 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 instruiment�. � 701 702 ll�:"�o a b��, c� Notary Public: 703 My Commission Expires: 1i r "�9 d .,Esc u , 704 i up ur it G 705 ieiiYOOi�s�o�a 706 LESSEE A KNCIWLEDCEMEN'T: 707 p� 708 STATE OF 6wS' 1 �a tk c�. ) 709 )SS.: 710 COUNTY OF 711 712 On the day of 20L before me, the undersigned, personally appeared David iU. Lee„ 713 personally known to me or proved to me n 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 oche individual acted, executed 716 the instrument. 717 718 OC1MMONWCALTH CIF PENNSYLVANIA Notary Public: 719 NOTARIAL. SEAL My Commission Expires: 720 SUEANN COX-NOTARY PUBLIC 721 East Whiteland Twp.,Chester County, MY COMMISSION EXPIRES DEC,,30„201 Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTrrUCK,NEW YORK,11952 3-CSG DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA 722 EXHIBIT A 723 724 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 a::� iui.Lvw® . Beginning a point on the northerly sideof Main Road where the same is intersectedwesterly i 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: . } South 52 degrees 39 minutes 00 seconds wet a distance 34 . 31 feet; a distance of } South 52 degrees 56 minutes0 seconds 116 .50 feet; Running north 25 degrees 52 minutes distance0 . feet to the southerly side of land of Long island Railroad* Running thence easterly along t r the Long Island Railroad, North 45 d 7 to east a .distance of 155 .09 feet; Runn n;�"' ii6e south 26 degrees ` nut 3 con t; d,rst M 1 2, . 37 feet to the point or place of beginning� 731 n t►i,r:, BEGINNING at a pci-:t on the southeasterly line of land of the Lorg Island Railroad Company,where it it tersects the easterly boundary line of Cad Besch, being about 1200 feet easterly from the point where said Long Island Railroad crosses tie Mair•Road(Route 25); RUNNING THENCE along said land of Lorg Island Railroad Company,South 44 degrees 43 minutes 50 secrds East,176,50 feet to the westerly fine of a 50 foot snide non-exclusive ease neat: THENCE South 37 degrees 58 minutes 40 seconds cast,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,Mo courses and distances,as`oliowvs; 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 Ritrer,formerly Kersroxski; THENCE along said land cf Ritzer,three courses and distances,as follows; 1; Nrrt;34 decrees 14 rrinutes 40 seconcs West, 133.0 fee:to an iroi pipe; THENCE 2)North 43 degrees 47 mnutes 40 seconds West,77.0 feet to an iron pipe; THENCE 3)South 49 degrees 18 minutes 40 seconds'Wes,,75.0 feet to la-d of Cafe 3asc'r, 732 Site Name: LAUREL STONE Site Address:7055 MAIN RD MATTITUCK,NEW YORK,11952 HSC 18 DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA District: 1000 Section: 122.00 Block: 06.00 Lot: 035.004 ASSIGMffiNT AND ASSUMPTION OF REAL PROPERTY LEASE A UL STONE.S OLD COUNTY NEW YLORM THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE(this "Ashpm nt")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(".tssnnor"), whose address is 5 Great Valley Parkway, Suite 333,Malvern,Pennsylvania 19355,and K2 TOWERS III,LLC, a Delaware limited liability company("Assi ewe"),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 Prone 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 9-LSG 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: 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 0 ry Public KRISTA L CHEW-Notary Public Chester County Print Name: My Commission Expires Jul 23.2023 My COmm1SS10n Expires: Commission Number 1235162 (SEAL) [Signatures continued on the following page] - 3 - 4868-9168-4369 Hs DocuSign Envelope ID:26CD062C-7BCE-4D41-8DB7-59E2993DA4CA [Signatul•es continued from the previous page] ASSIGNEE: K2 TOWERS III. LLC, a Delaware limited liability company, Ryan D. I.epene. Co-President STATE; OF 01-410 ) SS COUNTY OF CLJYA140GA } On the � day of April. 2022, before me, the undersigned. personally appeared Ryan D. Lepene, in his capacity as Co-President of K2 'E0W RS Ill. L -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 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. L -, .�.. u.. .___.. Notary Public Print Name: My Commission Expires (SEAL) mm _ -. DIANE S.LEUNG Attorney Al Law *w' Notary Public,State of Ohio My commission has no expiration dale a Sec.147.03 R.C. ON" 1968-9169430 HS(i 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 Hsg DocuSign Envelope ID:26CD062C-7BCE-4D41-8D87-59E2993DA4CA SCHEDULE A-4 TO SLA LEGAL DESCRIPTION OF PARCEL AND/Olt SURVEY [Attached Hereafter] 9-[sC3 ccuSagn Envelope ID:26 O062 -78 -4 D41-8D87-a9E.2 DA4 A a w CD LLJ z w con o t7 O N CD CD Cl-CD W mCD Uj Z O S Z O LU � o z� CD ac a CO uiZ Z 5z O ="'c� cn cn c>� a s N a ? w z CD Z � owcn °�° � w � m ocri N �II � m m o � � W > �c.j m 3 o ? � c� �, O D.a.M� LN w C)oo WLLJ cc _ r Q�j¢ �� `J` c.C5 U o w S2 Z w ° o o J 3CD �Nf- w33c.� o >- � � r- cn m Q Wow w Z M O O zo w a (� ad � � oCgA6 1 ® � � � op cwwW o CD= � Q L �of r � � CD � �� W Z N < Z 01 w � CI O U N 7 CC, W y ¢ N CD ZO L O => O 3 � N C� -! J c 0 0 z_ C v v O h— i? z o 0 0 / � o � 0 WU v � E a � Evc En m y 'w U i v LLJ V L 3 3 ft U�9 = 9 °' :6 co O v W. rc Se' ,. -0 m J, .. ........ �V J _T A2 U 06 CD U u'j A J C m W � 0 m rl District: 1000 Section: 122.00 Block: 06.00 Lot: 035.004 ASSIGNM, NT AND ASSUMPTIGN GF REA.L PRf1PER ' LEASE A L ETONE3 SUFFOLK CQUNTY NEW YO THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE(this "As i= ")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 ("Agilmor"), whose address is 5 Great Valley Parkway, Suite 333,Malvern,Pennsylvania 19355, and K2 TOWERS III,LLC, a Delaware limited liability company(" ,se"),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 "Deal Proper1y 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 "Pur tease 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: 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. kibAd ULJ Tcommonweaith of Pennsylvania-Notary sealNE' KRISTA L CW-Notary Public y, o Publict Chester County Print Name: My Commission Expires Jul 23,2023 My Commission Expires" q Commission Number 1235162 (SEAL) [Signatures continued on the following page] -3 - 4868-9168-4369 [Signatures Continued froth the previous page] ASSIGNEE: K2 TOWERS Ill. I_LC, a Delaware limited liability company 13y• Ryan D. Lepene, Co-President STATE OF 01-110 1 SS COtJNTY OF CUYAHOGA On the 19 day of April, 2022, before me. the undersigned, personally appeared Ryan D. Lepene, in his capacity, as Co-President of K2 •1 OW RS 111. I,LC, 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.. Notary Public Print Namc: My Corn nu5S1c.... — _ ._.._ .. .... on f xpires (SEAL) DIANE S,I_EUNG Attorney At Law * Notary Public,State of Ohio P +r My commission has no expiration dale ` Sec.1,7.03 R.C. faa P411M19441� .. 4 y. EXHIBIT A LEGAL DE RIPTION. S 1000-122-00-06-00-03 5-004 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 ASSUMPTION OF REAL PROPERTY LEASE ,AUREL STONE SUFFOLIf E LTNTY NEW YOR THIS ASSIGNMENT AND ASSUMPTION OF REAL PROPERTY LEASE(this "ANsmµet")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("Assam"), 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 PropeM 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, TTTEREFORE,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 u 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: Us��u David U.Lee,Manager COMMONWEALTH OF ) PENNSYLVANIA SS COUNTY OF CHESTER ) On the 0 - 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. Pennsylvania CommoKRISTA L CHEW-Not r Public Seal A"ry bliC Notary Chester CountyPrint Name: My Commission Expires Jul 23,20Z3 My Commission Expires: � l Commission Number 123516Z (SEAL) [Signatures continued on the following page] -3 - 4868-9168-4369 [Signatures continued from the previortS page] ASSIGNEE: K2 TOWERS 1I1. LLC, a Delaware limited liability company Ryan D. I.epene, Co-President STATE OF 01410 ) SS COUNTY OF CUYAHOGA ) On the 0 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 documen! 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 Publi.`.__ . .....�..._...._..._.�..�____,. ___._...... . Print Name: My Commission Expires (SEAL) �� �rrlxia rrr r DIANE S.LEUNG Attorney At Law * *-Z Notary Public,Stale of Ohio , r My commission has no expiration date Sec.147.03 R.C. £" M.rlylY4a 'S 4908 9169-b30 EXHIBIT A LEGAL DE ION S 1000-122-00-06-00-03 5-004 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