HomeMy WebLinkAboutLease Agreement & Amendment to Agreement between MFD and Elite (fl," i poi �
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1 lalannirnlifind_
2 LEASE AGREEMENT
3
4 THIS LEASE AGREEMENT("Lease"),dated as of the latter of the signature dates below(the"Effective Date"),Is made as of
5 this /(p day of May,2011 by and between MATTITLICK FIRE DISTRICT,a New York municipal corporation, having an
6 address at 1000 Pike Street, Mattltuck, NY 11952-3236 ("Lessor") and ELITE TOWERS, LP, a Pennsylvania limited
7 partnership,having an address at 87 North Industry Court,Suite J,Deer Park,New York 11729("Lessee").
9 WHEREAS,Lessor Is the owner or holds the Leasehold Interest In the property located;OT"�lke Street.,Mattltuck,
10 NY 1'1952-3,236,more particularly described In Exhibit A annexed hereto and made a part hereo'K, `petty"or"'Site");
11 and "rr '
12
13 WHEREAS, Lessee will enter Into an agreement(the "Subleases"")withwireless+tlecornrnuriiclon providers, to
14 provide and secure broadband wireless service("Wireless Services");and inFi
1S
16 WHEREAS,Lessee desires to have an exclusive Lease from Lessor of a certain,portion of b Sly?QA' order to install
17 and construct certain commurtications facilities for Lessee's sole and exclusive use, as more par ticul ar}"y described herein
18 ("Leased Spoa' ar",Prernlsee). "t,i, " °wC�§,
19 ` r
20 1. OVOON TO LEASE:
21
22 A, Lessor grants to Lessee an option (the "option"') to le se a'c rtaini" Irtlon of the Property contaNnNnB
23 approximately 2,500 square feet Including the air space above su rr�oiit'tabinWground space as described on attached
24 Exhibit B,together with unrestricted access f' " #Ic right-of-way along the Property to the
or Lessee's rases frfrm rho rte tress,
25 Premises,as described oil the attached Exhibit 8. � ""yaw "�f
l to
26 �"�n"m ii„ `41w� �r
27 8. During the Option period and stay exterrsio)�r,fl eof'590 duriai (ate term of this Agreement,Lessee and Its agents,
28 engineers,surveyors and other represen't0ves will have the right,tr,'enter upon the Property to Inspect,examine,conduct
29 sell borings, drainage testing, materkifi sarnpling',�,radlo 1r,a uency ker"ting and other geological or engineering tests or
30 studies of the Property (colli ivelr"j, atiNi',nTests""), t ,apply,for and obtain licenses, permits, approvals. or other relief
31 required of or deemed necessary or approol'ate at L ee"s° ole discretion,with prior notification to Lessor,for Its use of
32 the Premises and include,without limitation,ap ilcallons for.zoning variances,zoning ordinances,amendments,special use
33 permits, and constru`tion permits(collectively, tgpa"'Government Approvals''),initiate the ordering and/or scheduling of
34 necessary utilities,and otherwlsWim d}o those things,6n at off the Property that,In the opinion of Lessee, are necessary In
35 Lessee's sole discretion to da' rrm*',�(he physical condition of the Property, the environmental history of the Property,
36 Lessor's title to,the N iopaity egid the feasibility or sultabll"of the Property for Lessee's Permitted Use, all at.Lessees
37 expense. 1, sseewill nr tr llabl�'A Less fDr any third party on account of any pre-existing defect or condition on or with
38 respect to t'�4'.Prope tyn wh t sr or riVsj Ach defect or condition Is disclosed by Lessee's inspection, Lessee will restore the
39 Properfy,to its h�aridltlon,,as It eAstvd,at the commencement of the Option Term(as defined below), reason bie wear and
40 tear i;id casualty nit caused by Lessee excepted. Access during the Option period shall not Interfere with the operations of
41 the Lessor.in addition,,L�esseelshall Indemnify,defend and hold Lessor harmless from and against any and all Injury,loss,
42 damage or"ciafls arisln d)fectly out of Lessee's Tests.
43
44 C, In con lderati rt of Lessor granting Lessee the Option,Lessee agrees to pay lessor the sum WINNOWS=
45 within thirty(30)business days of the Effective Date. The Option will be for an initial term of
46 two(2)years commencing on the Effective Date(the"Initial Option Term")and may be renewed by Lessee for an additlonal
47 two 48 2) years upon written notification to Lessor and the payment of an additional mignimmusiomm
no later than ten(10)days prior to the expiration date of the Initial Option Term.
49
50 D. The Option may not be sold,assigned or transferred without the written consent of Lessor,such consent not to be
51 unreasonably withheld,conditioned or delayed unless such transfer is to an affiliate of lessee.From and after the date the
52 option has been sold,assigned or transferred by Lessee to a third party agreeing to be subject to the terms hereof,Lessee
Site Name:Mattltuck Fire Olmlct
Site Address:1000 Pike Sir-et,Mattltuck,NY
53 shall Immediately be released from any and all liability under this Agreement,Including the payment of any rental or other
54 sums due,without any further action.
55
56 E. During the Initial Option Term and any extension thereof, Lessee may exercise the Option by notifying Lessor In
57 writing. if Lessee exercises the Option then Lessor leases the Premises to the Lessee subject to the terms and conditions of
58 this Agreement. If Lessee does not exercise the Option during the initial Option Term or any extension thereof, this
59 Agreement will term)-tate and the parties will have no further liability to each other.
60
61 F. If during the Initial Option Term or any extension thereof, or during the term of this A,,gt If the Option is
62 exercised,Lessor decides to subdivide,sell,or change the status of the zoning of the Premisesjt" I`oper� r any of Lessor's
63 contiguous, adjoining or surrounding property (the "Surrounding Property," which Includas W Ithrw limitation) the
64 remainder of the structure)or in the event of foreclosure,Lessor shall Immediately notl Lessee lravrltflsg„ Any sale of the
65 Property shall be subject to Lessee's rights under thlY Agreement. Lessor agrees that dulwig the Initial tion Term or any
66 extension thereof,or during the Term of this Agreement If the Option Is exercised,Lessor shah,9.,?t lnldate consent to any
67 change in the zoning of the Premises,Property or Surrounding Property or Impose or consent toapny other restriction that
68 would prevent or limit Lessee from using the Premises for the uses Intended by,)pssee as he/ 9ftet Set forth In this
69 Agreement ; r
70 �R«„ rw + � +'+
71 2. LEASED SPACE AND PREMISES: Lessor shall lease,and hereby leasq,,)p Lessee apjl�tl :#mat ly 2,500 square feet
72 of space,at a mutually agreeable location,as depicted In Exhibit A attached hereto within tllplh operty commonly known as
73 1000 Pike Street,Matti tuck,NY 11952-3236,County,tax map parcel/pr p ry y Id >tijfcatlo�'tr turnber District:1000 Block:
74 03 Section:140 Lot:11.1 and located In the Town of Southold with the?egal d1,jcrlpt) �t set forth In Exhibit B attached.
75 Lessor also hereby grants to Lessee the right to survey the Leased p'act�wf,tissee's cost The survey will automatically
76 replace Exhibit A and be made a part hereof. The Leased Sp4 It leglrl" cc' l 111ty easement set forth In the survey will
77 replace anyparent parcel description set forth In Exhibit B as 6, Ili combe vail'able. In the event of any discrepancy
78 between the description of the Leased Space contained ltofpin a9d th'e ulvey,the survey will control.The Leased Space will
79 be utilized to construct,support and operate a wlrelcomiirid �)onVlilty,including a communications tower,
80 antennas,cables,and related structures�)d Imp ri eme'h6 oller~tlplwoly the"Structures"),including the uses as permitted
81 and described in Section 3 of this Leas ,n" l for an+i tfrerpur pse w t the Lessor's prior written consent which shall not be
82 unreasonably withheld,condltioned;�rr
83
84 3. PERMITTED USE:
85
86 A. The Leased, acj,rnay be uso11" by Lessee solely for the transmission and reception of radio
$7 eommunici n sl nAls and for the construction,installation, operation,maintenance,repair,removal or
88 repiaq mpr oil 3 tpd f4ol,ities,Including,without limitation,tower/monopole/flagpole and foundation,
89anter))lasf, lines,"WrOiivve dishes, equipment shelters and/or cabinets and related equipment
90
91 ��
92 B„ I e1ee, at Lessee's"expense, may use any and all appropriate means of restricting access to the Leased
93 Space l„nc�tirling,,without Ilmltatlon,the construction of a fence,.
94 :,.,
95 C Lessee must,at Lessee's sole expense,comply with all laws,orders,ordinances,,regulations and directives
96 )nf',. ppliepble Federal, State, County, and Municipal authorities or regulatory agen+ es, Including the
97 Ural Communications Commission ("FCC"'), relating to Lemee's use of the Leased apace as a
98 communications facility,including the Installation of required warning signdge.
99 "S-'® F
100 D. Lessee and Its agents,engineers,surveyors and other representatives will have the right to enter upon the
101 Premises to Inspect,examine,conduct soil borings,drainage testing,material sampling,radio frequency
102 testing and other geological or engineering tests or studies of the Premises(collectively,the "Tests"),to
103 apply for and obtain agreements,permits,approvals,or other relief required of or deemed necessary or
104 appropriate at Lessee's sole discretion for Its use of the Leased Space and include, without limitation,
105 applications for zoning variances,zoning ordinances,amendments,special use permits,and construction
Site Name:Mattltuck Fire District
Site Address:1000 Pike Street,Mattltuck,NY
q
106 permits (collectively,the"Government Approvals"), Initiate the ordering and/or scheduling of necessary
107 utilities, and otherwise to do those things on or off the Premises that, in the opinlon of Lessee, are
108 necessary in Lessee's sole discretion to determine the physical condition of the Premises, the
109 environmental history of the Premises,Lessor's title to the Premises and the feasibility or suitability of the
110 Leased Space for Lessee's Permitted Use,all at Lessee's expense. Lessee will not be liable to Lessor or any
11 l third party on account of any pre-existing defect or condition on or with respect to the Premises,whether
112 or not such defect or condition Is disclosed by Lessee's Inspection, Upon completion of the Tests,Lessee
113 will restore the Premises to Its condition as It existed at the commencement of the Tests reasonable wear
114 and tear and casualty not caused by Lessee excepted, In addition, Lessee sI?p1J,'tq0,pmn1fy, defend and
115 hold Lessor harmless from and against any and all Injury,loss, damage or alms arljng directly out of
116 Lessee's Tests, tr�rr.
117
118 E. Neither Lessor,nor its successors or Its assigns,will use or suffer or prrlt anotherxr�ron,corporation,
119 company, or other entity to use the Premises or any adjacent parcel of 1 90 now or H",,,rr after owned,
120 leased or managed by Lessor,Its successors or assigns,for the uses permIttedlh rein or atkiet uses similar
121 thereto, 'A � ',%
122 '
123 F. Lessee shall construct an extendable tower on the Lease Spa qq d(6it'pqssl llq.,future expans]an of the Site to
124 a minimum of one hundred and twenty(120')above grade(qI. r�4 ,I,
125 �% �" l
126 4, TERM: l''l� � '4
�
127 tl t'lt
128 A, The term of this Agreement shall be thirty(30)" par', n mencing on the date of commercial operation
129 of the Leased Space("Commencement Datf',),
130
131 B, This Lease shall be renewed for Four(4), ddfii( Iu11°( s(each"Extension Terms")of five(5)years each
132 upon the mutual agreement of Le s rand I.O se6l
133 tFr etp ,r;
134 C. If Lessee remains Ir) Cessio
n o he Lea dq Space after,the termination of this Lease,then Lessee will be
135 deemed to be ocrlp��ylrlgtthe Least 1 pare> a month-to-month basis("Holdover Term"),subject to the
136 terms and conditions of Wi ase.
137 W
138 D, The Initial Term,Extension Term,4,nd Holdover Term are collectively referred to as the Term('Term"),
139w d
140 5. FEES:
141
142 Aa,o, Lessetwfltl paylsar,. ("Lease Fee"). if
143 b:A, theaipWal T rim or ri lttenslon Term does nat begin on the first day or end on the last day of a month,
144 a�: °r',e he(.e Fee. f,t-at partial month will be prorated by multiplying the monthly Lease Fee by a fractlon,
145 ssp's the„numecator 6f which is the number of days of the partial month Included in the Initial Term or
146 a P Ext6sion�Prfn and the denominator of which Is the total number of days in the full calendar month.
147
148 B. 7°°e Les.,:ee"s monthly Lease Fee shall include a certification of the subleases comprising the Lease fee.Upon
149 nre
ubit by Lessor, Lessee shall provide copies of all executed sublease agreements and Lessee's
150 hctounting records of rents received from sublessees. Upon request and during reasonable business
151 hours,Lessor may audit Lessee's rent received from sublessees,
152
153 6, TERMINATION,
154
155 A. Lessee shall have the right to terminate this Lease(1)upon not less than ninety(50)days'notice to Lessor,
156 at any time, and (If) upon not less than thirty(Stl)days'notice to Lessor, If(a) any Governmental Approval
157 required for Lessee's use of the Leased Space is rejected or withdrawn (notwithstanding Lessee's diligent
158 efforts to obtain and/or maintain such Governmental Approval), (b) Lessor shall default In any of Its
site Nome;Mattltuck Fire District
Site Address:2000 Pike Street,Mottltuck,NY
159 obligations hereunder,including,without limitation any obligation to maintain and repair the Premises or the
160 Leased Space, (c)if any equipment installed on the Premises after the Commencement Date unreasonably
161 Interferes with Lessee's equipment installed on the Leased Space (d) Lessee determines that technical
162 problems or radio Interference problems from other antennas or from nearby radio transmitting facilities,
163 which problems cannot reasonably be corrected,Impair or restrict Lessee from using the Leased Space for
164 Lessee's intended purpose; (e) Lessee determines that It does not have acceptable and legally enforceable
165 means of Ingress and egress to and from the Leased Space; (f) Lessor does not have legal or sufficient
166 ownership of or title to the Leased Space or Premises or the authority to enter Into this Lease; (g)utilities
167 necessary for Lessee's contemplated use of the Leased Space are not avallabl ,,)(41tthe Leased Space Is
168 damaged or destroyed to an extent which prohibits or materially Interferes with,:ltessee'sI a of the Leased
169 Space or Lessee's equipment and attachments thereto;(1)the Premises now or here (er coains a Hazardous
170 Material;(j) Lessee is unable to obtain a Subordination, Non-dlsturbance,wend Attorn rt, greement; (k) a
171 material default by Lessor occurs; (1)Lessor falls to perform any of the matei( I covenantsitp�riprovNslons of this
172 Lease or if any representaltion or warragty contained herein is found to be uni� (.�m)the L' sed Space Is the
173 subject of a condemnation proceeding dr taking by a governmental authority,or qu i-governn46al authority
174 with the power of condemnation, or If the Leased Space Is transfer ggJn lieu of coir r`96n(rent will be
175 abated during the period of condemnation or taking);(n)If Lessee delArWnes,In Its sole"�Iscretlon,that It will
176 be unable to use the site for any reason. In the event of terminatlr iY y N;Vp�e fsuant to this Provision,
177 Lessee will be relleved of all further liability hereunder. Any real fees pal prfomrrto tqv termination date will
178 be retained by Lessor.in the event.Lessor falls to perform obik t pns under (tit Lamb for any reason other
179 than Lessee's breach, Lessee may pursue all remedl �va)al ) law In equity. Lessor hereby
180 acknowledges that Lessee will Incur significant experlsesi . rell r„")ce on 11 Lease,and therefore agrees to pay
181 Lessee for all consequential damages which Lessee vwlll su fy s a result ('Lessor's breach.
182 t T1
183 B. Lessor shall have the right to terminate this Lea a 1f,Les” a falls"to attain Government Approval for a tower
184 height of at least one hundred(100')feet avdv+ gr ui�p � s
185
186 7. ACCESS:
187
188 A. Before the Corrrrr 6, em t Date 6flpils Lep ,Lessee shall have access to the Site to conduct the Tests,
189 , Vs� p °� 4
190 B. In ro nectlon with the cons' tion anti Installation of Lessee's Facllftles Lessee shall have access to
191 Lessor's electric Sower and telept)or)e lines,together with any other necessary connecting appurtenances,
192 as well as any, asent necessary"l connect the foregoing services to Lessee's Facllitles,
L
193
194 C. r,At aflutlr " s dA��[g�te Termof this lease, asses shall have twenty-four(24)hour per day,seven(7)day
195 "per V4�k1111, cce,511Vto tth ."lie for the construction, Installation„maintenance,replacement,modification,
�
;, upo#e,d re atlort,�hd removal d(Lessee's Facilities as necessary or desirable to provide the Wireless
l96
m
197 �pSrrvlce»
198 aka
199 8. "" NS"TUCT1019 AN ALTERATICIN:
200 i
"9ii
201 A, ' ,". Prior,,to the commencement of Initial construction and any subsequent material alteration of the
202 a Jaclil,lfes, Lessee must submit to Lessor work: plans, including any subsequent additions or revisions,
203 I ectiveiy, 'Plans") for Lessor's approval, Lessor must approve all such Plans by written response to
204 Lessee within thirty(30)days following receipt of the Plans from the Lessee. If Lessor fails to provide a
205 written response within thirty (30) days following receipt of the Plans from Lessee, the Plans shall be
206 deemed accepted by Lessor.
207
208 B. Lessee's construction, installation, maintenance, replacement, modification, upgrade, operation, and
209 removal of the Facilities on the Leased Premises must meet or exceed standards for such work.
210
Site Name:Mattltuck Are(istrlct
Site Address:1000 Pike Stre%Mattltuck,NY 10
211 C. lessee shall Install Its own electrical utilities and meter at Lessee's expense,and may Improve the present
212 utilities on the Premises as may be necessary. Lessor agrees to use reasonable efforts in assisting Lessee
213 to acquire necessary utility service. Lessee shall Install separate meters for utilities used on the Leased
214 Space by Lessee. Lessee shall have the right to install necessary conduits from the Leased Space to the
2I5 point of connection within the Premises. Following installation of a separate meter Lessee shall receive
216 monthly utility bills directly from utility provider.
217
218 9. INTERFERENCE: Lessor and Lessee shall not, and shall not permit others, to Install new equipment or make
219 changes to existing equipment at the Site If such Installations or changes will cause interfer0te with either party's
220 operations at the Site. in addition,all telecommunications agreements affecting the Site enter d"fin aReJ,Jhe Effective Date
221 of this Lease, which authorize persons to engage in communications transmission activities W,f g! ab � the Site, shall
222 require that such activities be conducted in a manner which will avoid Interference witti,the permit, A'e of the Site. In
223 the event any such Interference occurs,the offending party shall cause such lnterferenrA,to be ellmin,a ed within twenty-
224 four(24)hours after notice of such interference, In the event that any such Interference does'�inot cease v(1 n twenty-four
225 (24) hours after notice of such Interference, then such Interference will be deemed to i reasonably 1nterfere with
226 equipment Installed on the Property and the aggrieved party will have the right,IJ°l addltlon to 4HY,OthdOlghts they may
227 have at law or In equity,for material breach of this Lease,to elect to enjoin sugilbterference or t&,t rrnunate this Lease
228 upon written notice to the offending party In accordance with this Lease
229
230 10. APPROVALS- Lessee shall obtain all Leases,permits,certificates,,and'ot er aper �l,eqd ed by federal,state or
231 local authorities for the foregoing uses and Improvements to the I.aald4te{�` Warmm �tal Approvals"). Lessor agrees
232 to cooperate with Lessee In Lessee's efforts to obtain the overnrnertt4l A i Val-.ll t n request from Lessor,Lessee shall
233 provide Lessor with a complete list of any and all applicatlon(s) r�ulrlj, r�a to��ernment Approval filed by Lessee or Its
234 agent,In connection with the occupancy and use of the Site a%icant lb�16141",pgtb'.
235
236 11. COVENANTS AND WARRANTIES:
237 :� .a, lfl^u 'a ,f
238 A, Lessor covenants and jar'rants f at:( '�.),,see y transferee permitted hereunder,upon the payment
239 of the Lease Fee a,110. Orman of all that^Arms,covenants and condltlons under this Lease,shall have,
240 hold and enjoy th6f,,ease pace d rl rg the, at or any renewal or extension hereof, Lessor will take no
laermltI dlt�ytl�lrVLease Agreement that will Interfere with Lessee's Intended
241 action that Is not expr ssN,y;
242 use of the Leased Space, nr0+�+lwB1 Lessor fail to take any action or perform any obligation necessary to
243 fulfill Lessor's covenant to Less jpf quiet enjoyment In accordance herewith; (li) no part of Lessee's
244 Facilities cortstr"doted, installed, maintained, replaced, modified, upgraded, or operated on the Leased
245 Space will become,o;r be considered as being affixed to or a part of,the Site,It being the specific Intention
246 of tO` S"sor t6t�ll Improvements of every kind and nature constructed or installed on the Leased Space
247 rtl�y Lesse6will bol ,q r fri'ohn the property of the Lessee and may be removed by Lessee at any time on or
248 bdfrDj,e termination or•ex lration Qf this Lease.
r!� n). � !
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250 IF'"B. L6n� ee and Lessor warrant to each other that:(1)each has full right,power,and authority to enter Into
251 71' , thllsei(Njthls making of this Lease and the performance thereof will not violate any laws,ordinance,
�,,J, kg^a.i
252 r��d restfletiVe covenants, or other agreements under which such parry is bound and does not require the
253 `;�y consept mfr approval of any person or party;Jill)each party Is qualified to do business in the State of New
254 d york Ibnd(iv)all persons signing on behalf of each party were authorized to do so by appropriate action,
255 `�'
256 i2. SUBORDINATION:If the Site Is or becomes encumbered by a deed to secure a debt,mortgage,or other security
257 Interest,Lessor shall use all reasonablA efforts to provide Lessee within 60 days a mutually-agreeable Subordination,Non-
258 Disturbance and Attornment Agreement.
259
260 13. REPAIRS AND MAINTENANCE:Lessee shall,at Lessee's sole expense,keep-and maintain the Leased Space In good
261 condition,reasonable wear and tear and damage from the elements excepted, Lessor shall maintain and repair the Site
262 and access thereto In good condition, subject to reasonable wear and tear and damage from the elements. If Lessee Is
263 unable to use the Leased Space because of required repairs on the Leased Space,then,In addition to any rights that Lessee
Site Name:Mattltuck Fire District rte,
Site Address;1000 Pike Street,Mattituck,NY Lam"5 ,11
264 may have pursuant to this LEASE,Lessee may immediately and temporarily Install on the Leased Space or an unused portion
265 of the Site, Lessee's Facilities while Lessor makes repairs to the Leased Space. Lessee may temporarily Install Lessee's
266 Facilities on an unused portion of the Site designated by Lessee, subject to Lessor's consent, which may not be
267 unreasonably withheld,
268
269 14. WAIVER OFLIENS:
270
271 A. Lessee and its sublessees will not subject Lessor's Property or Interest In the Leased Space to any lien,
272 mortgage,security agreement or any other encumbrance whatsoever. If any t jjruor other I charge or
273 order for payment of money will be flied as a result of the act or omisslon,ressapr any sublessee,
274 Lessee will cause such lien, charge or order to be discharged or approprldtea}+,bon4polor otherwise
275 reasonably secured ("Secured"} within thirty (30) days after rrotice Arom LessoFif .�eof. Lessee shall
276 Indemnify and hold*Lessor harmless from all liabilities and costs to thls,extent res�tbng directly from
277 Lessee's failure to timely secure same.Lessee and sublessees may grant a's britt'Internqn the Facilities
278 and Lessee may grant a leasehold mortgage In Its Interest in the Lease. �'' rr
,.p is t a n�W
IX
279
280 B. Lessor will not subject Lessee's Interest In the Leased Space or tl,f rFacilities to any dchanlc's lien or any
281 other lien whatsoever. If any mechanic's lien,other lien,c rge'91,o rd for Xment of money will be
282 filed as a result of the act or omission of Lessor, Lessolt `III cause su6it'llerr,' harge or order to be
283 discharged or appropriately bonded or otherwise resonal�l cured('"�eiFd")ivitltln thirty(30) days
284 after notice from Lessee thereof.Lessor shall Inderal" h (t ,essee armless from all liabilities and
285 costs to the extent resulting directly from Lessor's failure toli�mely seure same.
28 ,
s
287 15. TAXES; t a. rt"�° � rl �
288 ,1 e,tf k4
289 A. Lessee shall be solely responsible and' hIl t1in6lytlall personal property taxes levied and assessed
290 against It or Its Facilities. Less or,sl al(dpa 1'� ,l assessed against the Site except In the event that an
291 Increase In the real p rty taxet,of Q� Ite) ;dl ecttly attributable to Lessee's Facilities only for so long
292 as the Lease ramal effect.l �ssee sha kthen p y that portion of the real property taxes,Lessor shall
293 timr�ly sull t a cop'a o tax biifu 'nd requAt for reimbursement to the Lessee.
294 �iw ,1 rra,r
295 Ii, Lessor shall, wlthln seven (")J°v}q ys of rec 1pt of notice of any increase In taxes, assessments,or other
296 charges,send a copy of such notjc by certified mall,return receipt requested,to Lessee. If Lessor falls to
297 give Lessee su h notice as set for ft°above,Lessor will be responsible for payment of arty increases and
298 Lessf a shall I ve tjt 'optlon to pay the same and deduct such payment from Lease Fee or any other suras
299 next s ULO At the, equ st oaf either Lf see or Lessor,the other shall provide evidence of payment of[,axes.
300
301 16, INDE NIFIrIOhNj.
302 ,�p �� r't'
303 J A. Lia~; a hgt es tb" holemnify, defend and hold Lessor harmless from and against any and all Injury, loss,
304 darnade o )latallity(or any claims In respect of the foregoing), costs or expenses (including reasonable
305 attornys' fees and court coasts) arlsing directly from (I) the Installation, use, maintenance,, repair or
306 remoyal of the Facilities by lessee,its sublessees„contractors,agents and Invitees or(11) Lessee's breach
307 of.o+f provision of this Lease Agreement,except to the extent attributable to the gross negligence or
308 Intentional misconduct of Lessor or any of Its employees,agents or Independent contractors.
309
310 8. Lessor, agrees to Indemnify,defend and hold Lessee harmless from and against any and all Injury,loss,
311 damage or liability(or any clalms In respect of the foregoing), costs or expenses (Including reasonable
312 attorneys'fees and court costs)arising directly out of(1)any act or omission of Lessor,or(11)any breach by
313 Lessor of any provision of this Lease Agreement,except to the extent attributable to the gross negligence
314 or intentional misconduct of Lessee,Its employees,agents or Independent contractors.
315
Site Name:Mattltuck Fire 01strict
Site Address:l000 Pike Street,Mattltuck,NY O
w rr
316 C. Notwithstanding anything to the contrary In this Lease,Lessee and Lessor each waive any claims that each
317 may have against the other with respect to consequential,incidental,or special damages.
318
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) Ill property insurance for an amount equal to eighty(80%)percent of the
323 replacement cost of Lessee's Facilities;(fi)occurrence-based,commercial general liability Insurance with a
324 minimum limit of liability of one(1)rplillon Dollars($1,000,000)combined singicli,olt snd three(3)million
325 Dollars ($3,000,000) In aggregate, Inclusive of any excess/ umbrella llabliity'� ver�gh�,for bodily Injury
326 and/or property damage together with an endorsement for contractual Ilai)ty, nahting Lessor as
327 additional Insured;and Jill)Workers'Compensation Insurance as requlrpdi by law.
328
329 gg "�
330 B. All required Insurance policies must,be taken out with reputable national instif /s that rt III to do
a
it Y� cC
332 Insurance policy covering the Leased Space and other locations1, lessee's, Prov , that such blanket
333 insurance complies with all of the other requirements of thl��b�y sy1vr11hq,lr speti rto the type and amount
334 of Insurance requlr'et,and provided that the Insurance carrlp>lyft requl�e to ovla4%notice to Lessor in the
335 event that the blanket insurance coverage Is terminated or t�h?mount.Isgi 6ced•below the amounts set
336 forth herein. Jill t�`
337 .
338 D. The Lessee will deliver certificates of lnsurance ass 0 as pia l{ca r e after the placing of the required
339 Insurance,but not later than the Commenegme'inatb of;,tIls se.The Lessee will also deliver renewal
340 certificates at least thirty(30)days prior to tli ,00pl'r "a)on t tereof'.
341 ,
342 18. CASUALTY;Lessor will provide notice to JW , ti
q ,of or a ualty0affecting the Site within forty-eight(48) hours of
343 the casualty. If there Is a casualty to th "Leased pace, 0ssee,ofilaessee's sole cost and expense,may temporarily Install
344 Lessee's Facilities on an unused por 0t'of the SItdesignAbd by gi,"essee,subject to Lessor's consent,which shall not be
345 unreasonably withheld,while Lessd' iin repair 'ata,,the Ld sed Space. Upon completion of such repair or restoration,
346 Lessee is entitled to reinstall Lessee's Facliltl pf In thAVetiV iat such repairs or restoration will reasonably require more
347 than sixty(60) days to complete, Lessee shoal(nave the right to terminate this Lease upon thirty(30) days prior written
348 notice, In which event the Term shall be dee ed;to have terminated on the date of the casualty. Notwithstanding the
349 foregoing, In the event the Sir`,tiototally or substAtially destroyed, Lessor may at Its discretion, within sixty(60) days,
350 notify Lessee of Less is Intenq riot t restore/rebulld the Site,In which event this Lease will be deemed to have been
351 terminated on tti dbte ,+the das�tlty. Upon termination of this Lease pursuant to this Paragraph,the Lease Fee shall be
352 apportioned n anyioorti n of iiliN ease, ,ee paid In advance for any period after such date shall be refunded by Lessor to
353 Lessee. �,° x �"°�. i.•,,4 r�..
354 ; , : � •
355 19. P,<< CClNf1lTI 'SN,5 l it G 64 On or before termination or expiration of this Lease Agreement with notice to
356 Lessor,%Lessee shall re'ove ffvp Facilities and any alterations, additions or improvements installed in or about the Leased
357 Space,and°lI:essee shall°� p air any damage caused by such removal,and shall otherwise surrender the Leased Space at the
358 expiration of the term,,as Game may h`;ave been extended,or earlier termination thereof,In good condition,ordinary wear
359 and tear and act! o'w�.04 excepted. Lessee shall not be required to remove foundations more than two feet below grade.
360 Lessor may elect A detain the Site at termination or expiration of this Lease which shall exclude subtenant's antennas and
361 related equipment,
362
363 20. ENVIRONMENTAL:
364
365 A. Lessor represents and warrants that the Site Is free of hazardous substances as of the date of this Lease,
366 and, to the best of Lessor's knowledge, the Site has never been subject to any contamination or
367 hazardous conditions resulting In any environmental Investigation,Inquiry,or remedlatlon.
368
Site Name:Mattituck Fire District
Site Address:1000 Pike Street,MattRuck,NY
369 B. Lessee agrees that It will be responsible for compliance with any and all environmental and Industrial
370 hygiene laws,Including any regulations,guidelines,standards,or policies of any governmental authorities
371 regulating or imposing standards of liability or standards of conduct with regard to any environmental or
372 Industrial hygiene condition or matters as may now or at any time hereafter be in effect,that are now or
373 were related to Its activity conducted In,or on the Leased Space,
374
375 C. lessee agrees to hold harmless and Indemnify Lessor from and to assume all duties, responsibilities,and
376 Ilabilitles at Is sole cost and expense,for all duties,responsibilities and liability(for payment of penalties,
377 sanctions, forfeitures; losses, costs, or damages) and for responding to any all�oticaa claim, order,
378 summons,citation,directive,litigation,Investigation or proceeding which Is rel ed t rfallure to comply
379 with any environmental or industrial hygiene law,Including without limitation t�reguh Vons,guidelines,
380 standards or policies of any governmental authorities regulating or;Mifnposing ss of liability or
381 standards of conduct with regard to any environmental or industrial by l one conditia ini;pr matters as may
382 now or hereafter be In effect,or(11)any environmental or Industrial hygleA1°1 orid'ItIonsAlit arise out of or
383 are In any way related to the condition of the Leased Space or activities co;' ,acted by l; see thereon,
384 unless the environmental conditions are caused by the Lessor. a''J
385
Pr
386 D. The provisions of this Paragraph shall survive the expiration orin�ar rilar) + f faf thlase.
387
388 21. DEFAULT:
ia.rt A.
389 ar^( nl�, °�:°�<.
390 A. In the event either party shall fall to comply with any,!,pf t provis or of this lease or shall default in any
391 of Its obligations under this Lease, the non-d4,�a�til'tl� rty r9py, at Its option, terminate this Lease
392 provided written notice of such default in accerdal'ii;e ltil.the, fovlslons of this Lease has been given and
393 the defaulting party has failed to cure the s .> y l flft ' 5)days with respect to the failure to pay
394 any'montes; or, with respect to the Wyre 'f . m or comply with any non-monetary obligations
395 hereunder,the defaulting party I� s° alled to,cur �wltlrperi�lri`slxty(60)days or,In the event that the default Is
396 not capable of being cured with,a"sIxtfl,60)di f,ghen commence to cure within sixty(60) days and has
397 failed to dill entl
g y VTPqbed to ct tt No socia failure to cure a material default,however,will be deemed to
398 exist If Lessee has comm ced to erre suck ,"Iefault within said period and provided that such efforts are
399 prosecuted to completion uwlt. real rna l nn illgence. Delay In curing a material default will be excused If
400 due to causes beyond;the res°s�p1W control of Lessee.
401 r
402 0. In addition, �sA0t(n an emerger�e , Lessor will not cure any alleged default by Lessee until after the
403 exp�ratlon otf'Lessee's time to cure such default as provided herein above and then only If Lessee has
404 falledt% rinjguqI1, period to cure such default or perform such act. If Lessor shall cure the default of
405ee puFsuant tai, he f iplegoing,then Lessor shall submit a bill for the actual cost of affecting such cure
406 (to Ther�.th credi ble,supporting documentation)and same shall be paid promptly upon receipt.
407 ,,m, '
408 22. j"ASSI Nt4f NT AND,SUDL IN :
409 ", �
410 Asdx °lsee shad i( ,ve�the right to assign this lease or Sublease the Facilities,with prior written consent of Lessor,
411 '°sych consent°w)ll not be unreasonably withheld, conditioned or� delayed. Lessee shall provide Lessor with
412 wrf�t office of any such assignment.With prior notice to Lessor,lessee may collaterally assigns and grant a
413 secur1W Interest In Lessee's Facilities from time to time In favor of any holder of Indebtedness borrowed by
414 Lessee("Lender"),whether now or hereafter existing.
415 B. Lessor agrees to allow Lender the opportunity,to remedy or cure any monetary default as provided for In the
416 Agreement.
417
418 23. TRANSFER BY LESSOR:Lessor shall have the right to freely transfer and assign all of its rights and obligations under
419 this Lease and In the Site as part of a transfer of the Site,and no further liability or obligation shall thereafter accrue against
420 Lessor under this Lease,provided that any such transferee shall have fully assumed and be liable for obligations under this
421 Lease.
Site Name:Mattituck Fire District
Site Address.-10D0 Pike Street,Mattltuck,NY
422
423 24. NOTICES:All documents, notices and demands required hereunder must be in writing and sent by(a) prepaid
424 overnight courier,(b)personal delivery,or(c)certified mall,return receipt requested,and shall be deemed delivered three
425 (3)business days after mailing,or if given by overnight courier or personal delivery,on the date accepted or refused at the
426 address to which sent If addressed as follows (or to any other address that either party may designate In writing by like
427 notice to the other party):
428
429 if to Lessor.
430 Mattituck Fire District
431 P0 Box 666 3
432 Mattituck,NY 12952-0666
433
'9 q
434 With a Copy to: i
435 Willarn D.Moore,Esil.
436 51020 Main Road 6 ")I,
437 Southold,New York 11972
438
439
`4
440 If to Lessee: ;t° lAl
441 Elite Towers,LP ,, o�00
0,
442 87 North Industry Court,Suite J
443 Deer Park,NY 11729
p
444
445 With a Copy to:
446 Elite Towers,LP
447 5 Great Valley Parkway lft�I f
449 Suite 333
449 Malvern,PA 19355 IV
450
451 25. CONDEMNATION;In the event of py actulajx conto�nplaIted condemnation of the Leased Space or affecting the
452 Leased Space,Lessor must send written nozee,to Lesi0d,*Jh1h ten(10)days. In the event of any actual or contemplated
453 condemnation, Lessee may terminate this upon't'Alr'ty (30) days written notice to Lessor if such condemnation
454 prevents Lessee's operations at the Faclilti s for more than forty five(45)days.Any such notice of termination shall cause
455 this Lease to expire with the s, ' lbr an:effect ailhough the date set forth In such notice were the date originally silt as
,,ne r
456 the expiration date of this Le ds'a an %e parties shall make an appropriate adjustment,as of such termination date,with
457 respect to payrnIppits Jir thea 4tif0tiunder this Lease.
459 WWII,0, .," A'.�
o I'v airs,alterations,additions
459 26, C00�01NOYN 6F,OPERATION-1 Lessor shall endeavor to give Lessee notice of any rep
460 or lmpruvemen,N, d a'v))Jh,r�a*pect to the maintenance and operation affecting the Leased Space or of any planned
461 shut0q'W'nsas,socl`a6d wilhithe Pi4pbrty for scheduled or routine maintenance that may materially and adversely affect the
462 operatid of
facility (except In the case of emergency where advance written notice cannot
463 n wNch event,Lessor shall give Lessee telephonic notice at a number previously provided by Lessee
464 to Lessor,
465
466 27. TITLE REOU RECORDING OF LEASE:Lessee shall have the right to order a title search of the Site at Lessee's sole
467 cost and expense and Lessor shall use commercially reasonable efforts to cooperate with any such search. Lessee shall
468 have the right to record a memorandum of this Lease Agreement
469
470 29. BROKERS:Lessee and Lessor each hereby represents to the other than it has not dealt with any real estate broker,
471 finder or other agent In connection with the majotlatlon of this Lease or any agreements contemplated hereby.In the event
472 a real estate broker, finder or other agent is used in connection with the negotiation of this Lease,then Lessor shall be
473 obligated to pay all costs and fees in connection therewith.
474
site Name:Mattituck Fire District
Site Address:1000 Pike Street,Mattituck,NY
475 29. PARTIES BOUND BY LEASE:This lease shall extend to,and be binding upon,the heirs,executors,administrators,
476 successors and asslgns of the parties hereto.
477
478 30. GOVERNING LAW:This Lease and the performance hereunder shall he governed,Interpreted and construed under
479 the laws of the State of New York.
480 1
481 3i. OBSTRUCTION: Lessee agree3 that no portion of the sidewalks, entries, vestibules, halls, elevators, or ways of
482 access to public utilities of the Property shall be obstructed by Lessee or used for any purpose other than for Ingress and
483 egress to and from the Leased Space.
484 Y
485 32. ADVERTISEMENTS:Lessee shall not use the name of Lessor In any advertisement or in�Roy other written or oral
486 communication. Lessee shall not post or exhibit or allow to be posted or 'exhlbitegr"arry adv llsei#ants, show bills,
487 lithographs, posters,cards or flyers of any description on any part of the Leased Space' ;I�stout priol•s r l ten approval of
488 Lessor. }"fifN
489 tNrl, Iµ"
490 33. RELATIONSHIPS OF THE PARTIES: Nothing contained herein, nor any aq f the parti4glra(4be construed as
491 creating a partnership,Joint venture or association of any kind.The ontyrelatlonshIP Intended to be deed by this Lease Is
492 that of Lessee and Lessor. Lessee shall In no way represent to others, elth�r,++wprra�lrtitfItMrrgrr In advertisements or
493 promotional material of any kind that there Is any relationship other than Leo.'y 11'
and L oe fi asci else Parties.
494 " � rffr
495 34. LEGAL FEES:If any party institutes a legal proceeding to t*nft' ey(Il, lg lrlsing ttntfer this Lease,the prevailing
496 party In such legal proceeding as finally determined shall have the rlght�to recovpar from the unsuccessful party the
497 reasonably out-of-pocket costs and expenses(Including,without limitaWpr?reasoripble'attorneys'fees and disbursements)
498 that the prevailing pa.-ty actually Incurred In connection thergiwitft "iii `1,. 114
499
500 35. MISCELLANEOUS: r ° �. " „fa NrA it.
501 X11 i , .
502 A. Amendment/Waiver: Nls Lea +lrrwariatOe am"ped, modified or revised unless done In writing and
503 signed by an autho �n�i
gent ofloe Less�raland ar«"authorized agent of the Lessee.No provision may be
504 ,valved except in rlslgned yr both pale les.
505r.iarc" *3i
506 B. Interpretation: unless otherr> w specified',the following rules of construction and interpretation apply".
507 (I'p captions are for convenience aid reference only and in no way define or'limit the construction of the
508 germs and corai6filtlns hereof,(II) ui of the terra "including"'will be Interpreted to mean"including but
509 I ot,llmlted t ";(111j,"Ohenever a party's consent is required under this Agreement,except as otherwise
510 �tated)lllrtbe Asrd ftrent?,r as same may be duplicative,such consent will not be unreasonably withheld,
511 �. ° ondl�ooed or 4eI,gyedivi f('lvp exhibits are an Integral part of the Agreement and are Incorporated by
512 a"'� re°�" ence lPtl this Agreement; (v) use of the terms '"termination"" or""expiration" are Interchangeable,
513 ��N, a N O d(/rl efer�, ?a default will take Into consideration any applicabie notice,grace and cure periods.
514
515t+ " � iEstoiiefaol (4:(ter party will, at any time upon twenty (20) business days prior written notice from, the
516 t ,1 other,' cute, acknowledge and deliver to the other a .statement in writing, (I) certifying that this
517 r° "„� tgre ent Is unmodified and In full force and effect (or, if modified, stating the nature of such
518 rrgspt l cation and certifying this Agreement, as so modified,. Is In furl force and effect) and the date to'
519vlrch the Lease Fee and other charges are paid In advance,If any,and(li)acknowledging that there are
520 trot, to such party's lcrtowledge, ,any uncured defaults on the pail of the other party hereunder,. or
521 sperifying such defaults If any are claimed. Any such statement may be conclusively relied upon by any
522 tos-pectfve purchaser or encumbrance of the Leased Space or premises. The requested party"s fallure to
523 0ellver such a statement within such dime will be conclusively relied upon by the requesting party that(t)
524 this Agreement Is In full force and effect,without modification except as may be properly represented by
525 the requesting party, (ll) there are no uncured defaults In either party's perforrnarice,and(111) no more
526 than one month's Lease Fee has been paid In advance.
527
Site Name Mattltuck Ore•District r
Site Address:1000 Pike Street,Mattltuck,NY L�lu�r
528 D. No Electronic Signatures/No Optlon: The submission of this Agreement to any party for examination or
529 consideration does not constitute an offer,reservation of or option for the Premises based on the terms
530 set forth herein, This Agreement will become effective as a binding Agreement only upon the
531 handwritten legal execution,acknowledgment and delivery hereof by Lessor and lessee,
532
533 36, ENTIRE AGREEMENT, This Lease and the exhiblts attached hereto, all being a part hereof, constitute the entire
534 Lease of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject
535 matter of this Lease.
536 riEM'f
537 (Signatures follow on the next page)
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Site Name:Mattltude Fire District
Site Address:1OOD Pike Street,Mattitudc,NY
538 IN WITNESS WHEREOF,the parties have hereunto set their hand and seal as of the date first above written.
539
540 LESSOR: MATTITUCK FIRE DISTRICT
541
542 By:
543 Names i
544 Titles
d"w B
545 Dates
546 �
e&,
547 LESSEE: ELITE TOWERS,LP
A
548 By:CMET,LLC,its Kone Partner °gym
549 ey: wtl°,
550 Name:
551 Title: n o �mtl s a"a
552 Data; /0
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553
,tl�tpaw, ��tl stl
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Site Name:Mattituck Fire District
Site Address:1000 Pike Street,Mattltuds,NY
554 LEISOR ACKNOWLEDGEMENT.
555
556 STATE OF NEW YORK
557 SS.;
558 COUNTY of ',�-k PfZ"�-
559
560 On the day of2011 before me, the undersigned, personally appeared
561 1 personally knoov to me or proved to me on the basis of ailfictvey evidence to be
562 the Individual whose name Is subscribed to the within Instrument and acknowledged tc meth J� /sQi ecuted the some
563 In his/her capacity,and that by his/her signature on the Instrument,the Individual,or the persoh a on behalf of which the
564 Individual acted,executed the Instrument
565 ,, r.
566 Notary Public:
567 My Commissi n .xpir
+ �r
568 BE SY a, MI NS
569 Hftv P N iNSof 1 '
570 E ACKNOWLEDGEMENT: I� t w'�e
571Ileo Suffolk Co
"�I"tij
572 STATE OF NEW YORK m pit July 3
573 t SS.;
574 COUNTY OF575
1� e a A16derslgned, personally appeared Tenva
576 On the dap of n 2a" Nsef I II meth d
577 Nearon,personally known to me or roved to on the ba" of S f ctory tdence to be the Individual whose name Is
578 subscribed to the within Instrument and acknowledged i6,M1s tilia� ;ib a executed the same In his/her capacity,and that
579 by his/her signature on the instrument, the Indivl a I„fir"tai �p n �a behalf of which the Individual acted,executed
580 the Instrument, air 9” Jfw��,a "f
581 x;g
582 ����' �°oNotaryPfikaiM`""� ���- �
583 Comr�isslorr,'ires:
584
585 °SMA
SILVANA ADESSO
ti N 111 ABY F'WO C w STATE OF NEW YORK
W,01AD6431281
QUALIFIED IN NASSAU COUNTY
EXPIRES M12013
M1�g
n".fl,Y
Site Name.,Mottltuck Fire District
Site Address:1000 Pike Street,Mattituck,NY ROM
586 EXHISITA
587 DESCRIPTION OF THE LEASED SPACE OR PREMISES
588
589 Drawings labeled LE-11s attached hereto and Incorporated herein.
590
591 The leased Space or Premises Is described and/or depicted as follows:
592
593
5941
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V, ped
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Site Name:Mattituck Fire District
Site Address:1000 Pike Street,MettitUCk,NY
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595 EXHIBIT B
596 DESCRIPTION OF THE SITE
597 District:1000 Block:003 Section:140 Lot:11.1 on the tax map of Suffolk County,New York,more commonly known as 1000
598 Pike Street,Mattltuck,NY 11952-9236
599 The Site described and/or depicted as follows:
600
530211M2NG at a drill hole in the- conn s a sic WAIX 1 cit. d at the
northeast torner of this parcel end the "OTthwGilit, oo'rn r of lends of
the MAttituoU Tire DiattiOt, +which drill hole is South 03 degrovis
45 urinates 40 seconds west# 175.67 feet from the to err formed by
tha �southarlY lire of pike etreat and the wastarly IL of wiC h
Aval nuM 1
ttUpolne Tmet from said point of beginning, douth 28 degree/ Iz
Rina ,go 20 seazaulde Nast, along said InfAs of the Mattiruck Pira
District and lanes now or formerly of case A, orlvwshi, 215.05 loot
to a>r points
?MCI ■lohq lander now or faumiltly of the ItInielaw Rillillrs dstattell
Beath 67 degrees 10 minutes 70 seconds Meati, 52.97 feet to a point
being the southeast Corner of lanft AM Or faemeriy of AutN 1- 911"541
TOM slang the lands of Krause, Worth 25 degr+aoa eS e1thutes 20
eeoonde (teat, 212.0/ teat to a pewit an the southerly •sal• of Pike
bt>r"ItJ
THENCE North 63 depems 66 Minutes 40 aeovhds tarty $3.00 feet to the
point or p1Mee of BEGINNING.
601
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Site Name:Mattltuck Fire District
Site Address:3000 Pike Street,MaWtuck,NY
7I
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement ("Amendment") dated as of April 22, 2015 is
made by and between the MATTITUCK FIRE DISTRICT, a New York municipal corporation,
having an address at 1000 Pike Street, 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,New York 11729 ("Lessee"and collectively, the"Parties").
WHEREAS, Lessor and Lessee have entered into a Lease Agreement ("Lease") dated as
of May 16, 201 t, the date on which the Lease Agreement was executed by Lessor, a copy of
which is attached hereto and made a part hereof; and
WHEREAS, Lessor granted Lessee an Option to Lease a certain portion of the Lessor's
property as more fully described in the Lease; and
WHEREAS, Lessor and Lessee desire to amend the Lease to modify and clarify certain
provisions thereof;
WHEREAS, the Lessee has not paid the requisite payments due for the Initial Option
Term or any renewed Option Term in the respective sums of$1,000 for the Initial Option Term
and $1,000 for a renewed Option Term as set forth the Lease; and
WHEREAS, Lessor and Lessee, desire to complete the transaction and project as
contemplated by the Lease and to clarify and make express the Parties' understanding and
agreement with respect to the Lease; In consideration of the mutual covenants and agreements
set forth herein, the Parties do hereby agree to the amendments serving to supplement the Lease
as set forth below;
1. Option
1.1. Upon execution of this Amendment, Lessee shall pay Lessor the sum of$2,000("Option
Payment") for the Initial Option Term and the Renewal Option Term, as those option
periods are described in Section 1 of the Lease.
1.2. Upon making the Option Payment, the Renewal Option Term shall be extended from
May 16,2015 to September 15,2015.
1.3. During the Renewal Option Term, Lessee shall pursue and obtain, with all due diligence,
at its sole cost and expense, any applicable federal, state, county, or local municipal
approvals relating to the Lessee's use of the Leased Space for the design, construction
and use of the Leased Space as a communications facility and the necessary Structures
associated with it. Lessor agrees to reasonably assist Lessee with any such applications
in support of obtaining any required approvals.
2. Construction and Alteration
2.1. The Structures which are to be constructed and installed at the Leased Space and
Premises and the work to be performed, all at Lessee's sole cost and expense, include,
but are not limited to the following:
I.I. Removal and appropriate disposal of the existing communications tower at the
Lessor's premises presently being used for Emergency Services Communications
("ESC") by the Mattituck Fire Department and any other related entities associated
with the Lessor(collectively "MFD").
2.1.2. Installation of anew antennae array for the ESC of the MFD on the structure to be
installed by Lessor. The installation specifications for the ESC will be provided by
Lessor or MFD, or their designated agents or representatives to Lessee. Placement
of ESC antennae and associated equipment are to be located in such a way as to
insure optimal coverage and quality of the ESC. The location of MFD equipment
and antennae shall not be relocated by the Lessee without the prior written approval
of the Lessor, said approval not to be unreasonably withheld, conditioned or
delayed. The provisions of this section are a material condition to this Lease
Agreement and Amendment.
2.1.3. Upon Lessee's receipt of all Governmental Approvals, and upon Lessee providing
written notification that it is exercising its Lease Option within the Renewal Option
Term, Lessee shall use all reasonable efforts to undertake and complete construction
of all of the Structures and related improvements associated with the
communications facility within three (3) months. In the event that construction will
not be completed within said time, Lessee shall provide written notice to Lessee of
issues hindering Lessee's ability to complete construction.
2.1.4. Lessee's construction plan and design shall include reservation of certain space
for the co-location of a municipal high band paging array as part of a town-wide
system of emergency communications (the"paging system").
2.1.4.1. The paging system will include one (1) Sinclair-SD314-HF2P2SNM
antenna. The paging system antenna will be located at a centerline height of
126.7 feet. The paging system antenna will operate at a frequency of 483 MHz.
2.1.4.2. This paging system installation shall be reserved and used by a Lessor
approved governmental entity at no cost to said entity for the location or use of
equipment in this reserved space.
2.1.4.3. Any changes or modifications to the proposed paging system must be
reviewed and approved by Lessee.
3. Entire Agreement
3.1. The Lease and the exhibits attached thereto and this Lease Amendment all being a part
thereof,constitute the entire Lease of the Parties.
[SIGNATURES FOLLOW ON NEXT PAGE1
IN WITNESS WHEREOF, the Parties have hereunto set their hand and seal as of the date first
above written.
LESSOR: MATTITUCK FIRE DISTRICT LESSEE: ELITE TOWERS, LP
B 'CMI-IT, LLC, its general partner
By: _ By: w
,..
1 C. Harrison, Secretary Tanya Ne, coin,Managing Member
Date: L� Date:
._ _ ..._._ .._
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On the Zz day of i , 2015, before me, the undersigned, personally appeared JOHN C.
HARRISON,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 some in his
capacity,and that by his signature on the instrument,the individual,or the person or entity upon behalf of which
the individual acted,executed the instrument.
MAN...'
EIA KNM
Notary POW,State of Now Yo*
Notary Public NO.01 t
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On the c9r5" day of fir; 2015, before me, the undersigned, personally
appeared TANYA NEGRON, 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 some in his capacity, and that by his signature
on the instrument, the individual, or the person or entity upon behalf of which the individual
acled' xcCuted the instrument.
... ...
Notary Pu I
EMILY A. WILSON
NOTARY PUBLIC-STATE OF NEW YORK
No. DIWI6286377
QualVied In Sullolk County
My Commlulon Expltn July 22, 2W