HomeMy WebLinkAbout20230439 233 Lake Verizon Antenna LeaseSITE NAME: Oklahoma Track
SITE NUMBER: 20130941497
ATTY/DATE: Young/Sommer Nov. 15, 2017
BUILDING AND ROOFTOP LEASE AGREEMENT
This Building and Rooftop Lease Agreement (the "Agreement") made this __ day of
_______ , 20_, between NEUMANN BUILDING, LLC, with its principal offices
located at 18 Division Street, Suite 40l;Saratoga Springs, New York 12866, hereinafter designated
LESSOR and CELLCO P ARTNERSIDP d/b/a Verizon Wireless, with its principal offices at
One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number
866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally
bound hereby, the Parties hereto agree as follows:
1. PREMISES. LESSOR hereby leases to LESSEE approximately eight hundred
eighteen (818) square feet on the roof (the "Rooftop Space") of the building (the "Building")
located at 231 Lake Avenue, City of Saratoga Springs, County of Saratoga, State of New York,
the underlying real property of which is shown on the Tax Map of the Saratoga Springs as Tax
Map Number 166.-4-22.1, and as further recorded in the office of the Clerk of Saratoga County
as Instrument #2014024391, and wliich is legally described in Exhibit "A" attached hereto and
made a part hereof (the Building and such real property are hereinafter sometimes collectively
referred to as the "Property"), for the installation, operation and maintenance of communications
equipment; together with such additional space on the roof of the Building sufficient for the
installation, operation and maintenance of antennas (the "Antenna Space"); together with such
additional space inside or outside of the Building, including on the roof of the Building, or on the
ground on the Property, as is necessary for the installation, operation and maintenance -of wires,
cables, conduits and pipes (the "Cabling Space") running between and among the Rooftop Space
and Antenna Space and to all necessary electrical and telephone utility sources located within the
Building or on the Property; together with the non-exclusive right of ingress and egress from a
public right-of-way, seven (7) days a week, twenty four-(24) hours a day, over the Property and
in and through the Building to and from the Premises (as hereinafter defined) for the purpose of
installation, operation and maintenance of LESSEE's communications facility. The Rooftop
Space, Antenna Space and Cabling Space are hereinafter collectively referred to as the
"Premises" and are as shown on Exhibit "B" attached hereto and made a part hereof.
In the event there are not sufficient electric and telephone utility sources located within
the Building or on the Property, LESSOR agrees to grant LESSEE or the local utility provider
the right to install such utilities on, over and/or under the Property and through the Building
necessary for LESSEE to operate its communications facility, provided the location of such
utilities shall be as reasonably designated by LESSOR. Further, in the event any public utility is
unable to use the Utilities Right of Way, LESSOR shall grant an additional right-of-way either to
LESSEE or to the public utility at no cost to LESSEE or the public utility. LESSOR agrees to
grant LESSEE, Verizon New York, Inc., Niagara Mohawk Power Corporation, d/b/a National
Grid, or any other local utility or fiber provider ("Utility") as may be required the right, utilizing
the Utility's standard form agreement, to install such utilities or fiber in, on, over and/or under
the Premises necessary for LESSEE to operate its communications facility (as defined herein) at
no cost to LESSEE or Utility. Said rights to Niagara Mohawk Power Corporation, d/b/a National
Grid to be as set forth in Exhibit "C", attached hereto and made a part hereof. The easement
sketch shall be provided by Utility once LESSEE has applied for electric service.
LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey shall then become Exhibit "D" which shall be attached hereto and
made a part hereof, and shall control in the event of boundary and access discrepancies between
it and Exhibit "B". Cost for such work shall be borne by the LESSEE.
The drawing at Exhl'bit "B" may be replaced by a site plan showing the Premises and the
location ofLESSEE's improvements thereon, which site plan LESSEE shall submit to LESSOR
for LESSOR's written approval prior to LESSEE's commencement of construction, which
approval shall not be unreasonably withheld, conditioned or delayed. In the event that LESSOR
does not furnish LESSEE with such written approval or its specific reasons for disapproval
within fifteen (15) days after the date of submission of the site plan to LESSOR, LESSOR will
be deemed to have approved it.
2. DELIVERY. LESSOR shall deliver the Premises to LESSEE on the
Commencement Date, as hereinafter defined, in a condition ready for LESSEE's construction of
its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that
as of the Commencement Date, the existing structure of the Building (including without
limitation the roof, foundations, exterior walls), the common areas and all Building systems
(including, without limitation, the plumbing, electrical, ventilating, air conditioning, heating, and
loading doors, if any) are (a) in good operating condition and free of any leakage; (b) in
compliance with all Laws (as defined in Paragraph 34 below); and (c) free of all hazardous
substances, as such term may be defined under any applicable federal, state or local law. If a
breach of the representation and warranty contained in this Paragraph 2 is discovered at any time
during the Term, as hereinafter defined, LESSOR shall, promptly after receipt of written notice
from LESSEE setting forth a description of such non-compliance, rectify same at LESSOR's
expense. LESSOR further represents and warrants to LESSEE that LESSOR has no knowledge
of any claim having been made by any governmental agency that a violation of applicable
building codes, regulations, 'or ordinances exists with regard to the Building, or any part thereof,
as of the Commencement Date.
3. TERM; RENTAL; ELECTRICAL.
a. This Agreement shall be effective as of the date of execution by both
Parties, -provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a total annual rental for each year of the initial term of to be paid annually
to LESSOR or to such other person, firm-or place as LESSOR may, from time to time, designate
in writing at least thirty (30) days in advance or any rental payment date by notice given -in
accordance with Paragraph 24 below. LESSEE shall pay LESSOR, within ninety (90) days of
full execution of this Agreement, a one-time signing bonus, as additional rent, in the sum of
. The Agreement shall commence based upon the earlier of: (i) the date LESSEE is
granted a building permit by the governmental agency charged with issuing such permits; or (ii)
three (3) years from the date of full execution of this Agreement. If such date falls between the
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1st and 15th of the month, the Agreement shall commence on the 1st of that month and if such
date falls between the 16th and 31st of the month, then the Agreement shall commence on the 1st
day of the following month (the "Commencement Date"). However, LESSOR and LESSEE
acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until
ninety (90) days after the Commencement Date.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE.
b. LESSOR hereby agrees to provide to LESSEE certain documentation (the
"Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under,
this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in
LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or
interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a
complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form
acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this
Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable
discretion. From time to time during the Term of this Agreement and within thirty (30) days of a
written request from LESSEE~ LESSOR agrees to provide updated Rental Documentation in a
form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to
LESSEE in accordance with the provisions of and at the address given in Paragraph 24. Delivery
of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by
LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation
to make any rental payments until Rental Documentation has been supplied to LESSEE as
provided herein.
Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any
assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE
Rental Documentation in the manner set forth in the preceding Paragraph. From time to time
during the Term of this Agreement and within thirty (30) days of a written request from
LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental
Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation
to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be
a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding
anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to
any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental
Documentation has been supplied to LESSEE as provided herein.
c. LESSOR shall, at all times during the Term, provide electrical service and
telephone service access within the Premises. If permitted by the local utility company servicing
the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the
measurement of electrical power used by LESSEE's installation. In the alternative, if permitted
by the local utility company servicing the Premises, LESSEE shall furnish and install an
electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE's
installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for
its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE
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shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the
usage amount based upon LESSOR's reading of the sub-meter. All invoices for power
consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, Accounts Payable -
Cellsites, MIS 3846, P.O. Box 2375, Spokane, WA 99210-2375 or email to:
livebills@ecova.com. LESSEE agrees to promptly reimburse LESSOR for such electrical costs,
which costs shall not be construed to be rent. The parties agree that LESSEE shall be relieved of
its. obligation to reimburse LESSOR for electrical usage which has not been properly invoiced
and sent to LESSEE at the above address within one (1) year of the initial invoicing from the
utility company to the LESSOR. LESSEE shall be permitted at any time during the Term, to
install, maintain and/or provide access to and use of, as necessary (during any power interruption
at the Premises), a temporary power source, and all related equipment and appurtenances within
the Premises, or elsewhere on the -Property in such locations as reasonably approved by
LESSOR, such approval not to be unreasonably conditioned, withheld or delayed. LESSEE shall
have the right to install conduits connecting the temporary power source and related
appurtenances to the Premises.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year extension terms unless LESSEE terminates it at the end of the then
current term by giving LESSOR written notice of the intent to terminate at least six (6) months
prior to the end of the then current term.
5. EXTENSION RENTALS. The annual rental for each such five (5) year extension
term shall be equal to of the annual rental payable with respect
to the immediately preceding five (5) year term.
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terminated by either Party by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such
term, this Agreement shall continue in force upon the same covenants, terms and conditions for a
further term of five (5) years and for three (3) additional five (5) year terms and one (1)
additional term of four ( 4) years thereafter until terminated by either Party by giving to the other
written notice of its intention to so terminate at least three (3) months prior to the end of such
term. Under no circumstances will the term of this Lease, including all renewals, exceed forty-
nine (49) years. Annual rental for each such five (5) year additional extension term shall be equal
to of the annual rental payable with respect to the immediately
preceding five (5) year term. The initial term and all extensions shall be collectively referred to
herein as the "Term".
7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the
LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Property which LESSOR
demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises.
LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imposed upon the
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business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing,
LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is
disputing in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall
be construed as making LESSEE liable for any portion of LESSO R's income taxes in connection
with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the
responsibility to pay any personal property, real estate taxes, assessments, or charges owed on
the Property and shall do so prior to the imposition of any lien on the Property.
LESSOR shall provide to LESSEE a copy of any notice or assessment relating to
personal property, real estate taxes, assessments, or charges for which LESSEE is responsible
within ten (10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to
make payment of any real estate personal property, real estate taxes, assessments, or charges
until LESSEE has received the notice or assessment relating to such payment as set forth in the
preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any such notice
or assessment within the ten (10) day period set forth herein, LESSEE shall be relieved of any
obligation or responsibility to make payment of personal property, real estate taxes, assessments,
or charges referred to in the notice or assessment which was not timely delivered by LESSOR to
LESSEE.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's
expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
document. In the event that as a result of any appeal or challenge by LESSEE, there is a
reduction, credit or repayment received by the LESSOR for any taxes previously paid by
tESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction,
credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good
faith and reasonable dispute of any taxes under this Paragraph, LESSOR will pursue such dispute
at LESSEE's sole cost and expense upon written request of LESSEE.
8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. All improvemynts, equipment, antennas and conduits shall be at LESSEE's
expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall
have the right to replace, repair, add or otherwise modify its utilities, equipment, .antennas-and/or
conduits or any portion thereof and the frequencies over which the equipment operates, whether
the equipment, antennas, conduits or frequencies ar.e specified or not on any exhibit attached
hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals") that may be required
by any Federal, State or Local authorities as well as a satisfactory building structural analysis
which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with
LESSEE in its effort to obtain such approvals and shall take no action which would adversely
affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event
that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii)
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any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that
any building structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no
longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that
the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this
Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said
termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be
of no further force or effect except to the extent of the representations, warranties and
indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no
further obligations for the payment ofrent to LESSOR.
9. MAINTENANCE.
a. During the Term, LESSEE will maintain the non-structural portions of the
Premises in good condition, reasonable wear and tear and casualty damage excepted, but
excluding any items which are the responsibility of LESSOR pursuant to Paragraph 9.b below.
b. During the Term, LESSOR shall maintain, in good operating condition
and repair, the structural elements of the Building and the Premises, and all Building systems
(including, but not limited to, the foundations, exterior walls, structural condition of interior
bearing walls, exterior roof fire sprinkler and/or standpipe and hose or other automatic fire
extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping,
fences, signs and utility systems serving the common areas) and the common areas. LESSOR
shall repair any defect in the above within thirty (30) days, or such shorter period as may be
required by any governmental authority having jurisdiction, after receipt of written notice from
LESSEE describing such defect, unless the defect constitutes an emergency, in which case
LESSOR shall cure the defect as quickly as possible, but not later than five (5) days after receipt
of notice. If LESSOR fails to make such repairs, LESSEE may do so, and the cost thereof shall
be payable by LESSOR to LESSEE on demand together with interest thereon from the date of
payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by
applicable Laws, or, at LESSEE'S option, LESSEE may deduct such amounts paid out of any
rents or other sums that may be due or owing under this Agreement. In the event of an
emergency, LESSEE, at its option, may make such repairs at LESSOR's expense, before giving
any written notice, but LESSEE shall notify LESSOR in writing within three (3) business days
following such emergency.
c. Upon request of the LESSOR, LESSEE agrees to relocate its equipment
on a temporary basis to another location on the Property, hereinafter referred to as the
"Temporary Relocation," for the purpose of LESSOR performing maintenance, repair or similar
work at the Property or in the Building provided:
i. The Temporary Relocation is similar to LESSEE's existing
location in size and is fully compatible for LESSEE's use, in LESSEE's
reasonable determination;
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ii. LESSOR pays all costs incurred by LESSEE for relocating
LESSEE's equipment to the Temporary Relocation and improving the
Temporary Relocation so that it is fully compatible for the LESSEE's use,
in LESSEE's reasonable determination;
111. LESSOR gives LESSEE at least ninety (90) days written notice
prior to requiring LESSEE to relocate;
iv. LESSEE's use at the Premises is not interrupted or diminished
during the relocation and LESSEE is allowed, if necessary, in LESSEE's
reasonable determination, to place a temporary installation on the Property
during any such relocation; and
v. Upon the completion of any maintenance, repair or similar work
by LESSOR, LESSEE is permitted to return to its original location from
the temporary location with all costs for the same being paid by LESSOR.
10. INDEMNIFICATION. Subject to Paragraph 11 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
11. INSURANCE.
a. Notwithstanding the indemnity in section 10, the Parties hereby waive and
release any and all rights of action for negligence against the other which may hereafter arise on
account of damage to the Premises or to the Property, resulting from any fire, or other casualty of
the kind covered by standard fire insurance policies with extended coverage, regardless of
whether or not, or-in what amounts, such insurance is now or hereafter carried by the Parties, or
either of them. These waivers and releases shall apply between the Parties and they shall also
apply to any claims under or through either Party as a result of any asserted right of subrogation.
All such policies of insurance obtained by either Party concerning the Premises or the Property
shall waive the insurer's right of subrogation against the other Party.
b. LESSEE will maintain at its own cost;
1. Commercial General Liability insurance with limits not less than
$1,000,000 for injury to or death of one or more persons in any one
occurrence and $500,000 for damage or destruction to property in any one
occurrence
11. Commercial Auto Liability insurance on all owned, non-owned and hired
automobiles with a minimum combined limit of not less than one million
($1,000,000) per occurrence
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111. Workers Compensation insurance providing the statutory benefits and not
less than one million ($1,000,000) of Employers Liability coverage.
LESSEE will include the LESSOR as an additional insured on the Commercial
General Liability and Auto Liability policies and upon request, shall furnish proof
of such insurance by providing LESSOR with a Certificate oflnsurance.
c. LESSOR will maintain at its own cost commercial general liability
insurance with limits not less than $1,000,000 for injury to or death of one or more persons in
any one occurrence and $500,000 for damage or destruction to property in any one occurrence.
LESSOR will include the LESSEE as an additional insured on the Commercial General Liability
policy and upon request, shall furnish proof of such insurance by providing LESSEE with a
Certificate of Insurance.
d. In addition, LESSOR shall obtain and keep in force during the Term a
policy or policies insuring against loss or damage to the Building with a commercially
reasonable valuation, as the same shall exist from time to time without a coinsurance feature.
LESSOR's policy or policies shall insure against all risks of direct physical loss or damage
(except the perils of flood and earthquake unless required by a lender or included in the base
premium), including coverage for any additional costs resulting from debris removal and
reasonable amounts of coverage for the enforcement of any ordinance or law regulating the
reconstruction or replacement of any undamaged sections of the Building required to be
demolished or removed by reason of the enforcement of any building, zoning, safety or land use
laws as the result of a covered loss, but not including plate glass insurance.
12. LIMITATION OF LIABILITY. Except for indemnification pursuant to
Paragraphs 10 and 30, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contrad, tort (including negligence), strict liability or otherwise.
13. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR.
14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any after-
installed LESSEE's equipment causes such interference, and after LESSOR has notified
LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps
necessary to correct and eliminate the interference, including but not limited to, at LESSEE's
option, powering down such equipment and later powering up such equipment for intermittent
testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the
equipment as long as LESSEE is making a good faith effort to remedy the interference issue.
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LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in
the future take possession of the Property will be permitted to install only such equipment that is
of the type and frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to the then existing equipment of LESSEE. The
Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the
provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies,
such as, without limitation, injunctive relief and specific performance.
15. REMOVAL AT END OF TERM. LESSEE shall,' upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its equipment,
conduits, fixtures and all personal property and restore the Premises to its original condition,
reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that
all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the
personal property of LESSEE and LESSEE shall have the right to remove the same at any time
during the Term, whether or not said items are considered fixtures and attachments to real
property under applicable Laws (as defined in Paragraph 34 below). If such time for removal
causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall
pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon
a longer payment term, until such time as the removal of the building, antenna structure, fixtures
and all personal property are completed.
16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any
part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless
the Parties are negotiating a new lease or lease extension in good faith. In the event that the
Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE
holds over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable
from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall
be equal to the rent applicable during the month immediately preceding such expiration or earlier
termination.
17. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or
otherwise transfer all or any portion of the Property, whether separately or as part of a larger
parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal
instrument an interest in and to that portion of the Building and/or Property occupied by
LESSEE, or a larger portion thereof, for the purpose of operating and maintaining
communications facilities or the management thereof, with or without an assignment of this
Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide
offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet
such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR
may sell or grant the easement or interest in the Property or portion thereof to such third person
in accordance with the terms and conditions of such third party offer. For purposes of this
Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the
death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's
family members by direct conveyance or by conveyance to a trust for the benefit of family
members shall not be considered a sale of the Property for which LESSEE has any right of first
refusal.
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18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i)
to sell or transfer all or any part of the Property or the Building thereon to a purchaser other than
LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and
to that portion of the Building and/or Property occupied by LESSEE, or a larger portion thereof,
for the purpose of operating and maintaining communications facilities or the management
thereof, such sale or grant of an easement or interest therein shall be under and subject to this
Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder
under the terms of this Agreement. To the extent that LESSOR grants to a third party by
easement or other legal instrument an interest in and to that portion of the Building and/or
Property occupied by LESSEE for the purpose of operating and maintaining communications
facilities or the management thereof and in conjunction therewith, assigns this Agreement to said
third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement,
and LESSEE shall have the right to look to LESSOR and the third party for the full performance
of this Agreement.
19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold_and enjoy the Premises.
20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Property, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
21. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements; promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties in a
written acknowledgment. In the event any provision of the Agreement is found to be invalid or
unenforceable, such finding shall not affect the validity and enforceability of the remaining
provisions of this Agreement. The failure of either Party to insist upon strict performance of any
of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement
shall not waive such rights and such Party shall have the right to enforce such rights at any time
and take such action as may be lawful and authorized under this Agreement, in law or in equity.
22. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
. subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Property
is located by reason of a merger, acquisition or other business reorganization. As to other parties,
10
this Agreement may not be sold, assigned or transferred without the written consent of the
LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No
change of stock ownership, partnership interest or control of LESSEE or transfer upon
partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
24. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address thatthe Party to be notified may have designated to
the sender by like notice):
LESSOR:
LESSEE:
Neumann Building, LLC
18 Division Street, Suite 401
Saratoga Springs, New York 12866
Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
26. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later
than fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement,
as defined below, and, if required by the Mortgage, as defined below, a written consent, from its
existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's
option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage,
deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may
encumber all or part of the Property, Building or right-of-way; provided, however, as a condition
precedent to LESSEE being required to subordinate its interest in this Agreement to any future
Mortgage-covering the Building, LESSOR shall obtain for LESSEE's benefit a non-disturbance
and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE,
and containing the terms described below (the ''Non-Disturbance Agreement"), and shall
recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as
LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The
Non-Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that,
if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a
"Purchaser") acquires an ownership interest in the Building, Lender or such successor-in-interest
or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations
under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the
Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in
11
the subject loan (if any) and on all successors and assigns of Lender and/or its participants and
on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an
agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate
to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if
Lender becomes the owner of the Building and (3) agrees to accept a cure by Lender of any of
LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR.
In the event LESSOR defaults in the payment and/or other performance of any mortgage or other
real property interest encumbering the Property, LESSEE, may, at its sole option and without
obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to
any and all rights, titles, liens and equities of the hoiders of such mortgage or other real property
interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise
become due under this Agreement the sums paid by LESSEE to cure or correct such defaults.
27. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
28. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which
to cure any non-monetary breach, provided LESSEE shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in
which to cure any such breach, provided LESSOR shall have such extended period as may be
required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires
more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and until
LESSOR has failed to cure the breach within the time periods provided in this Paragraph.
Notwithstanding the foregoing to the contrary, it shall be a default-under this Agreement if
LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an
obligation required to be performed by LESSOR if the failure to perform such an obligation
interferes with LESSEE's ability to conduct its business in the Building; provided, however, that
if the nature of LESSOR's obligation is such that more than five (5) days after such notice is
reasonably required for its performance, then it shall not be a default under this Agreement if
12
performance is commenced within such five (5) day period and thereafter diligently pursued to
completion.
29. REMEDIES. Upon a default, the non-defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies. The costs and expenses of any such performance by the non-defaulting Party shall be
clue and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non-defaulting
Party in the exercise of any right or remedy which the-non-defaulting Party may have by reason
of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy
now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the
state ill which the Premises are located; provided, however, LESSOR shall use reasonable efforts
to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of
LESSO R's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE
the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the
amount due from LESSOR, LESSEE may offset the full undisputed amount, inGluding all
accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount,
including all accrued interest, is fully reimbursed to LESSEE.
30. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with .any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Building or Property,
unless such conditions or concerns are caused by the specific activities of LESSEE in the
Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitaiion any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
hygiene conditions arising out of or in any way related to the condition of the Building or
13
Property or activities conducted thereon, unless such environmental conditions are caused by
LESSEE.
31. CASUALTY. In the event of damage by fire or other casualty to the Building or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same or, if the Property is damaged by fire or other casualty so that such damage may reasonably
be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days,
then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such
notice of termination shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date of this
Agreement and the Parties shall make an appropriate adjustment, as of such termination date,
with respect to payments due to the other under this Agreement. Notwithstanding the foregoing,
the rent shall abate during the period of repair following such fire or other casualty in proportion
to the degree to which LESSEE's use of the Premises is impaired.
32. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Building, LESSEE, in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such condemnation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may,
at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
days after the condemning authority shall have taken possession) terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make a
claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such tem1ination date with respect to payments due to the other under this Agreement. If
LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining, except that the
rent shall be 1'educed in the same proportion as the rentable floor area of the Premises taken bears
to the total rentable floor area of the Premises. In the event that this Agreement is not terminated
by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises
caused by such condemning authority.
33. SUBMISSION OF AGREEMENTiPARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Party's
14
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property,
the Building, Building systems, common areas of the Building, and all structural elements of the
Premises in compliance with all applicable laws, rules, regulations, ordinances, directives,
covenants, easements, zoning and land use regulations, and restrictions of record, permits,
building codes, and the requirements of any applicable fire insurance underwriter or rating
bureau, now in effect or which may hereafter come into effect (including, without limitation, the
Americans with Disabilities Act and laws regulating hazardous substances) (collectively
"Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost
and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of
use of the Premises (other than general office use); and (b) all building codes requiring
modifications to the Premises due to the improvements being made by LESSEE in the Premises.
It shall be LESSOR's obligation to comply with all Laws relating to the Building in general,
without regard to specific use (including, without limitation, modifications required to enable
LESSEE to obtain all necessary building permits).
35. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
37. TEMPORARY EASEMENT. LESSOR hereby grants LESSEE a temporary
easement (the "Temporary Easement") to encumber a thirty foot (30') wide portion of the parcels
of real property designated on the Tax Map of the City of Saratoga Springs as Tax Map Parcel
Number 166.-4-22.1 extending from Lake Avenue to the Building, together with a twenty foot
(20') wide portion on each side of LESSEE's thirty (30') wide permanent access and utilities
easement over the parcels designated as Tax Map Parcel Number 166.4-22.1, all as shown on
Exhibit A hereto (the "Temporary Easement Area"). LESSOR and LESSEE acknowledge and
agree that the Temporary Easement shall be for the purpose of clearing any rocks, dirt, brush,
trees or other vegetation, grading, excavation, and storing materials (including, without
limitation, excavated soil and equipment) in order to allow for the construction and installation
of LESSEE's telecommunications facility as described herein. The Temporary Easement granted
hereunder shall terminate upon the completion of the construction and installation of LESSEE' s
telecommunications facility and LESSEE shall return the Temporary Easement Area to as good a
condition as is reasonably practicable considering the clearing and grading that is to be
performed by LESSEE.
38. MOST FA VO RED LESSEE. LESSOR represents and warrants that the rent,
benefits and terms and conditions granted to LESSEE by LESSOR hereunder are now and shall
be, during the Term, no less favorable than the rent, benefits and terms and conditions for
substantially the same or similar tenancies or licenses granted by LESSOR to other parties. If at
15
any time during the Term LESSOR shall offer more favorable rent, benefits or terms and
conditions for substantially the same or similar tenancies or licenses as those granted hereunder,
then LESSOR shall, within 30 days after the effective date of such offering, notify LESSEE of
such fact and offer LESSEE the more favorable offering. If LESSEE chooses, the parties shall
then enter into an amendment that shall be effective retroactively to the effective date of the
more favorable offering, and shall provide the same rent, benefits or terms and conditions to
LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's compliance
with this requirement shall be subject, at LESSEE's option, to independent verification.
[The remainder of this page is intentionally blank.]
16
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
WITNESS
ANN BUILDING, LLC
By:
PrintedN (,
Its:_---<f-----"-'""""'-"~--------
LESSEE:
CELLCO P ARTNERSIDP d/b/a Verizon
Wireless
By:
Name: Richard Polatas
Title: Director Network Field Engineering
17
EXHIBIT "A"
DESCRIPTION OF PROPERTY
All that certain tract piece or parcel of land situate in the City of Saratoga Springs (ID), County
of Saratoga, State of New York, being Lot 3 as shown on a map entitled "'Subdivision of Lands
of the Missionary Society of the Most Holy Redeemer in the State of New York", dated April 15,
2013, as last revised on April 28, 2014, filed in the Saratoga County Clerk's Office on June 11,
2014, .as map number M2014123, and being further bounded and described as follows:
Beginning at the point of intersection of Lot 2, on the west, and Lot 3, on the east, as shown on
the above-referenced map, with the northerly line of Lake A venue, and runs thence, along said
common line, the following three (3) courses and distances: 1.) North 05 deg. 57 min. 30 sec.
East, 232.00 feet to a point; 2.) South 84 deg. 00 min. 50 sec. East, 23.00 feet to a point; and 3.)
North 05 deg. 57 min. 30 sec. East, 568.40 feet to a point on the northerly line of Lot 3; thence
along said northerly line the following three courses and distances: 1.) South 84 deg 04 min. 40
sec. East, 441.76 feet to a point; 2.) South 05 deg. 34 min. 00 sec. West, 376.50 feet to a point;
and 3.) South 84 deg. 26 min. 00 sec. East, 296.00 feet to a point on the westerly line of
Excelsior Spring A venue; thence along said westerly line the following two (2) courses and
distances: 1.) South 05 deg. 34 min. 00 sec. West, 425.00 feet to a point; and 2.) South 61 deg.
05 min. 00 sec. West, 69.47 feet to a point on the northerly line of Lake Avenue; thence along
said northerly line the following two (2) courses and distances: 1.) North 68 deg. 40 min, 00 sec.
West, 144.17 feet to a point; 2.) North 84 deg. 00 min. 50 sec. West, 570.23 feet to the point and
place of beginning and containing 11.27± acres ofland.
18
12556245.1
EXHIBIT "B"
SKETCH/SITE PLAN OF ROOFTOP SPACE,
ANTENNA SPACE AND CABLING SPACE
19
SITE INFORMATION
N COORDINATES:
GROUND ELEVATION:
43' 05' 07.23" N
73' 45' 52.42" w
314'± AMSL
G SECTION 166.39
· BLOCK 1 LOT 16
APPROXIMATE A() TORIA LA:.~~~'~4-'-"~._,._,.,.,_,_,_,_._,_,_._,,__,_,_,_,,,
)
.>J-1·-'·Nt.. SECTION 166.39 }
J-.h-'-'· "\.. BLOCK 1 LOT 20 -(
LOCATION OF EXISTING _c "----,,-~,.-· ' ' f ADJACENT PROPERTY '-r------
..y -~ I
SECTION 166.39~~.
BLOCK 1 LOT 13 ~. }
< LINE (TYP) ~ (' (' I
' I I ,.,.,.. ,.....r·(' ,. -~.,~, :
SECTION 166.39~~ . ,_µJ--'
BLOCK 1 LOT 12 ~-
d-.'~ I I _L
WOODED i ------1 I
AREA __ I ---------\ /
------~--,/
-------\ SECTION 166.00 1
\
BLOCK 4 LOT 22.1
yy;·v·0Y'·_,-,-.~ rcr· EXISTING ~1
1' -----\
,'
APPROXIMATE \ \ ·
LOCATION OF EXISTING~ \ I j---
PROPERTY LINE 1 r-t.
\ \! ' \ ~
I );-'-''-'JJ,_'-'\ ( \ t
_;V.....A...A_ \ \ \ ' ( .J_;~tjJ ....... ~ ............. <.AJ ~ \ -) \ )r<'..---,r.-,-~
~_,_, z_ 1 EXISTING 1 _.l----
) ~ \ ~ <:_'""-'-' ~SPHALT AREA L--------
f SECTION 166.00 ~ 11 ~· -'-'-~•-A-L
/ BLOCK 4 LOT 22.2 ~ 1
1 \-\,1 ~
1 \ \ ~ '; ']
\ '"'"" """" (nP)y~: . '
; EXISTING BUILDING (TYP)
.._)•} ---1
' ' \
I
PROPOSED LESSEE BETA &
GAMMA SECTORS 10.2'x24.5'
(250± SF) ANTENNA LEASE
AREA ON ROOF
PROROSED LESSEE 16.5'x20' EQUIPMENT
\ LEASE AREA ON ROOF (330 SF)
' I
NOTE
SECTION 166.14
BLOCK 2 LOT 1
SECTION 166.14
BLOCK 2 LOT 2
SECTION 166.14 ~
L--BLOCK 2 LOT~
SEC\i-ON-1-66.14
BLOCK 2 LOT 4
1. THIS DRAWING IS FOR OPTION, LEASE, LICENSE AND
PERMITTING PURPOSES ONLY AND IS NOT TD BE USED
FOR CONSTRUCTION.
SECTION
BLOCK 3 LOT 1.1
SECTION 166.10
BLOCK 1 LOT 25
PLAN
0
2. FINAL UTILITY EASEMENT LOCATION WILL BE
DETERMINED BY THE UTILITY COMPANY. ORIGINAL SIZE IN INCHES
TECTONIC
Practical Solutions, Exceptional Service
TECTONIC Engineering & Surveying Consultants P.C.
36 British American Blvd.
Suite 1O1 Phone: (518) 783-1630
Latham, NY 1211 O (800) 829-6531
www.tectonicengineering.com
TEC WO: 8668.09 · ISSUED BY: TJW DATE: 12/05/17
OKLAHOMA TRACK -LEASE EXHIBIT
PROJECT # 20130941497 -LOCATION CODE # 274152
233 LAKE AVE -CllY OF SARATOGA SPRINGS
SARATOGA COUNlY, NY 12866
CELLCO PARTNERSHIP,
(LESSEE)
1275 JOHN STREET, SUITE 100, WEST HENRIETIA, NY 14586
SCALE: AS NOTED SHEET: LE-1 REV: 4
N
NOTE:
EXISTING
EXISTING BUILDING (1YP)
APPROXIMATE LOCATION OF
EXISTING ELECTRICAL ROOM
(INSIDE & BELOW)
EXISTING FIBER ENTRY POINT
EXISTING ABANDONED CHIMNEY
PROPOSED POWER, FIBER, GROUND, & NATURAL
GAS CONDUITS ROUTED IN ABANDONED CHIMNEY
EXISTING PENTHOUSE
PROPOSED LESSEE
10.2'x24.5' ANTENNA
CONCEALMENT WALL {TYP)
PROPOSED LESSEE GAMMA
SECTOR ANTENNA
PROPOSED LESSEE BETA
SECTOR ANTENNA
EXISTING PENTHOUSE
ROOF ACCESS LADDER
EXISTING ROOF ACCESS DOOR
PROPOSED LESSEE VERTICAL CABLE TRAY
PROPOSED LESSEE HYBRIFLEX
CABLES & UTIUl'I' CONDUITS
ROUTED IN COVERED CABLE TRAY
ALONG ROOFTOP ON SLEEPERS
EXISTING HVAC
UNIT (1YP)
EXISTING VENT (1YP)
~~EXISTING PIPE (1YP)
PROPOSED LESSEE
16.5'x20' EQUIPMENT
LEASE AREA
PROPOSED LESSEE 11.5'x16'
EQUIPMENT PLATFORM
PROPOSED BETA SECTOR HYBRIFLEX
CABLE ROUTED IN COVERED CABLE
TRAY ALONG ROOFTOP ON SLEEPERS
PLAN
0
FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER,
0
I· ~
/ ' /
/
0 QI c
ORIGINAL SIZE IN INCHES
,TECTONIC
Practical Solutions, Exceptional Service
TECTONIC Engineering & Surveying Consultants P.C.
36 British American Blvd,
Suite 101 Phone: (518) 783-1630
Latham, NY 12110 (800) 829-6531
www.tectonicengineering.com
OKLAHOMA TRACK -LEASE EXHIBIT
PROJECT # 20130941497 -LOCATION CODE # 274152
233 LAKE AVE -CllY OF SARATOGA SPRINGS
SARATOGA COUN"TY, NY 12866
CELLCO PARTNERSHIP,
(LESSEE)
1275 JOHN STREET, SUITE 100, WEST HENRIETIA, NY 14586
TEC WO: 8668.09 ISSUED BY: TJW DATE: 12/05/17 SCALE: AS NOTED SHEET: LE-2 REY: 4
N
NOTE:
EXISTING BUILDING (1YP)
EXISTING PENTHOUSE
PROPOSED LESSEE 10.2'x23.3'
ANTENNA CONCEALMENT WALL (lYP)
EXISTING ROOF
ACCESS DOOR ooo 0 °
Q ~oo~ EXISTING PENTHOUSE
0 0 0 ~ ROOF ACCESS LADDER
EXISTING VENT (1YP)
EXISTING PIPE (1YP)
PROPOSED BETA SECTOR HYBRIFLEX
CABLE ROUTED IN COVERED CABLE
TRAY ALONG ROOFTOP ON SLEEPERS
FROM EQUIPMENT PLATFORM
EXISTING HVAC UNIT (1YP)
PLAN
0
FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PRO\~DER.
TECTONIC
Practical Solutions, Exceptional Service
TECTONIC Engineering & Surveying Consultants P.C.
36 British American Blvd.
Suite 101 Phone: (518) 783-1630
Latham. NY 1211 O (800) 829-6531
www.tectonicengineering.com
ORIGINAL SIZE IN INCHES
OKLAHOMA TRACK -LEASE EXHIBIT
PROJECT # 20130941497 -LOCATION CODE # 27 4152
233 LAKE AVE -Cl1Y OF SARATOGA SPRINGS
SARATOGA COUN1Y, NY 12866
CELLCO PARTNERSHIP,
(LESSEE)
1275 JOHN STREET, SUITE 100, WEST HENRIETIA, NY 14586
TEC WO: 8668.09 ISSUED BY: TJW DATE: 12/05/17 SCALE: AS NOTED SHEET: LE-3 REV: 4
(.!) z < z z z w ~ w w a:: z 0 < (I)
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0 "' a:: Cl (!) 0 a. w z 0 (I) F oc Lo.. 0 (I) 0 a. x (.!) 0 z a. a:: w F g a. u_ (I)
Lo.. 0 x
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N
EXISTING GRADE
TECTONIC
Practical Solutions, Exceptional Service
TECTONIC Engineering & Surveying Consultants P.C.
36 British American Blvd.
Suite 101 Phone: (518) 783-1630
Latham, NY 12110 (800) 829-6531
www.tectonicengineering.com
TEC WO: 8668.09 ISSUED BY: TJW DATE: 12/05/17
PROPOSED LESSEE BETA
SECTOR ANTENNA (lYP OF 2)
PROPOSED LESSEE
SCREENING
EXISTING PENTHOUSE
EXISTING
BUILDING
0
ORIGINAL SIZE IN INCHES
OKLAHOMA TRACK -LEASE EXHIBIT
PROJECT # 20130941497 -LOCATION CODE # 274152
233 LAKE AVE -CllY OF SARATOGA SPRINGS
SARATOGA COUNlY, NY 12866
CELLCO PARTNERSHIP,
(LESSEE)
1275 JOHN STREET, SUITE 100, WEST HENRIETIA. NY 14586
SCALE: AS NOTED SHEET: LE-4 REV: 4
EXHIBIT "C"
FORM OF UTILITY EASEMENT
12556245.1 20
GRANT OF EASEMENT
of (hereinafter referred to as "Grantor"), for consideration of One Dollar ($1.00), and other valuable
considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA
MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse,
New York 13202 (hereinafter referred to as "Grantee"), for Grantee and its lessees, licensees, successors, and assigns, the
perpetual right and easement as described in Section 1 below (the "Easement") in, under, through, over, across, and upon the
Grantor's land, as described in Section 2 below (the "Grantor's Land").
Section 1 -Description of the Easement. The "Easement" granted by the Grantor to the Grantee consists of a
perpetual easement and right-of-way, with the right, privilege, and authority to:
a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure,
abandon or remove underground electric facilities including a line or lines of wires or cables (either direct-buried or installed in
underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad-mount transformers, housings, connectors,
switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead
and underground wires, any poles. or lines of poles, supporting structures, cables, crossarms, overhead and underground wires,
guys, guy stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities,
and other fixtures and appurtenances (collectively, the "Facilities"), which the Grantee shall require now and from time to time,
for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and
communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over,
under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area"), and the highways
abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and
every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the
purpose of providing service to the Grantor and others;
b. From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other
means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or
other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion
of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for
less than the full width and may be widened from time to time to the full width;
c. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all
purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and
restore any excavated areas to reasonably the same condition as existed prior to such excavation; and
d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across,
and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such
footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest
extent the Easement.
Section 2 -Description of Grantor's Land. The "Grantor's Land" is described in a certain Deed recorded in the
County Clerk's Office on in Liber of Deeds at Page and consists of land described as being part of
Tax Parcel No. of the of , County of , and State New York commonly known as
Section 3 -Location of the Easement Area. The "Easement Area" shall consist of a portion of the Grantor's Land
feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general
location of the Easement Area is shown on the sketch entitled , which sketch is attached hereto as Exhibit A and recorded
herewith, copies of which are in the possession of the Grantor and the Grantees. The final and definitive location(s) of the
Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantees in
substantial compliance with Exhibit A hereto.
Section 4 -Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantee, its
successors and assigns.
Section 5 -General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns,
hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent
with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or
obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated,
or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written
consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel
use or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with
2015 SMS provided NIMO ug oh elec (nt) EXHIBIT B)
the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee's prior
written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the
Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land.
The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or
any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or
rights created hereunder, so that each assignee or owner shall have the full right, privilege, and. authority herein granted, to be
owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a
continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal
representatives, and assigns of the parties named in this Grant of Easement.
IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this
___ day of , 201_.
State of New York )
)
County of _______ )
ss:
Signature of Grantor
Signature of Grantor
On the __ day of in the year 201......) before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
State of New York )
)
County of _______ )
Notary Public
ss:
On the __ day of in the year 201 _, before me, the undersigned, personally
appear-ed , 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 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
2