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