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Home My WebLink About20230439 233 Lake Verizon Antenna Executed MOL w-Updated LE_RedactedMEMORANDUM OF LEASE AGREEMENT for a communications facility located at: Facility: Oklahoma Track Street Address, 233 Lake Avenue Municipality: City of Saratoga Springs Neumann Building, LLC Instrument No. 2014024391 between NEUMANN BUILDING, LLC 18 Division Street, Suite 401 Saratoga Springs, New York 12866 ("LESSOR") and CELLCO PARTNERHIP d/b/a Verizon Wireless One Verizon Way Mail Stop 4AW 100 Basking Ridge, New Jersey 07920 ("LESSEE") Oklahoma Track MEMORANDUM OF LEASE AGREEMENT This MEMORANDUM OF LEASE AGREEMENT made as of the day of 2,0 (the "Memorandum"), by and between NEUMANN BUILDING, LLC, with an address at 18 Division Street, Suite 401, Saratoga Springs, New York 12866, hereinafter designated LESSOR and CELLCO PARTNERSHIP d/b/a Verizon Wireless, with principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH: 1. LESSOR is the owner of a certain real property situate at 233 Lake Avenue, in the City of Saratoga Springs, County of Saratoga, State of New York, and more particularly described as portion of the premises referenced in the instrument recorded in the Saratoga County Clerk's Office in Instrument No. 2014024391 (Tax Map Parcel No. 166.4-22.1) (the entirety of LESSOR's property being hereinafter referred to as the "Property"). 2. By Building and Rooftop Lease Agreement (the "Agreement"), LESSOR has leased to LESSEE a portion of the Property being described as approximately eight hundred eighteen (818) square feet oil the roof (the "Rooftop Space") of the building (the "Building") located at 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 gr6und 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 aweek, 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 (said Rooftop Space, Antenna Space and Cabling Space being hereinafter collectively referred to as the "Premises"), In the event any public utility is unable to use the aforementioned Rights of Way, the LESSOR agrees to grant an additional right -of --way either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR agrees to grant LESSEE, Verizon New York, Inc., or any other local utility or fiber provider the right to install such utilities or fiber in, on, over and/or under the Premises necessary for LESSEE to operate the Communication Facilities, as amended herein. ii 3. A description of the Premises leased by LESSOR to LESSEE pursuant to the Agreement is set forth in Exhibit "A", attached hereto and made a part hereof. The Agreement is effective as of the date thereof, provided, however, that the initial term of the lease is for five (5) years, commencing on , 20 (b) The Agreement shall automatically be extended for four (4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. Absent such determination, each extension term will extend the term of the Agreement to , 20(first extension term), , 20 (second extension term), , 20 (third extension term), and , 20 (fourth extension term). (c) If at the end of the fourth (4th) five (5) year extension term the 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, the Agreement shall continue in force upon the same covenants, terms and conditions for a further extension 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. (d) The initial term and any extension terms shall be collectively referred to as the "Term." In no event shall the Term exceed forty-nine (49) years. 5. 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. 6. 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) 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 the 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 LESSORs interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. iii 7. 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 subj ect to the Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of the 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, and/or assigns the Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under the Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Agreement. 8. The terms, covenants and provisions of the Agreement (as amended) shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE. above. 9. All terms defined in the Agreement shall have the meanings therein given. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals as of the date set forth LESSOR: NE%1ANN BUILDING, LLC M. Name: Title: M0QPL LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless C iv ACKNOWLEDGEMENTS STATE OF NEW YORK ) )ss.. COUNTY OF On the �1 day of qc�� , 20 66 , before me, the undersigned, personally appeared 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, that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the C of � QNr C- SP6rcl5 County of Su\— C3 &-- , State of New York. BRANDEE ARMER NOTARY PUBLIC -STATE OF NEW YORK 7 N0.01AR6335030 Notary Public QUALIFIED IN SARATOGA COUNTY My Ct)MMi6I5IAN IXPIR155 'INOP10 EXHIBIT "A" Site Plan/Survey of Premises vi EXISTING TREELIKE (TYP) EXISTING ROOF ACCESS HATCH (TYP) I SITE INFORMATION COORDINATES: 43.085389' N 73.765464' W GROUND ELEVATION: 314'± AMSL APPROXIMATE LOCATION I OF EXISTING ADJACENT �� PROPERTY LINE (TYP) SECTION 166.00 BLOCK 4 LOT 22.1 APPROXIMATE LOCATION OF EXISTING PROPERTY LINE (TYP) EXISTIG. GRASS.:.. — — ' ARENA (TYP) s EXISTING ASPHALT PARKING LOT (TYP) I EXISTING BUILDING (TYP) PROPOSED LESSEE 16.5'X20' (330 SF) EQUIPMENT LEASE AREA ON EXISTING BUILDING ROOFTOP 1 PROPOSED LESSEE SECTOR ANTENNAS MOUNTED ON TOP OF EXISTING PENTHOUSE WALL NOTE 1. THIS DRAWING IS FOR OPTION, LEASE, LICENSE AND PERMITTING PURPOSES ONLY AND IS NOT TO BE USED FOR CONSTRUCTION. 2. FINAL UTILITY EASEMENT LOCATION WILL BE DETERMINED BY THE UTILITY COMPANY. PROPOSED LESSEE 20'� WIDE ACCESS EASEMENT Y ' •• LAKE AVENUE — COUNTY ROAD 29 PROPERTY PLAN LE-1 SCALE: 1" _ 0 1 ORIGINAL SIZE IN INCHES �■ OKLAHOMA TRACK - LEASE EXHIBIT ' PROJECT # 20181795707 - LOCATION CODE # 274152 Tectonic 233 LAKE AVE - CITY OF SARATOGA SPRINGS - PIRACTI, mrlce. SARATOGA COUNTY, NY 12866 Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. CELLCO PARTNERSHIP, Project Contact Info 36 British American Blvd. Phone: (518) 783-1630 (LESSEE) site 101 (aoo) 829— Latham, NY 12110 www.tectoniceng6531 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 ineering.com TEC WO:9725.22 I ISSUED BY: TJW DATE: 11/29/22 1 SCALE: AS NOTED I SHEET: LE-1 I REV: 9 N o ® ® 0 PROPOSED LESSEE — WALKING MAT (TYP) 0 PROPOSED LESSEE POWER, FIBER, & GROUND CONDUITS ROUTED ALONG ROOFTOP ON SLEEPERS PROPOSED LESSEE CABLE TRAY FFrn d��o EXISTING PIPE (TYP) PROPOSED LESSEE EQUIPMENT ATTACHED TO PENTHOUSE WALL PROPOSED POWER, FIBER & — GROUND CONDUITS ROOF PENETRATION DOWN INTO EXISTING UTILITY ROOM PROPOSED LESSEE ANTENNAS & EQUIPMENT MOUNTED ON SECTOR SECTOR FRAME ATTACHED TO PENTHOUSE PARAPET (TYP) O U 0® 0 0 ° O O o o 0 EXISTING BUILDING (TYP) PROPOSED LESSEE 9'-4"X14'-O" EQUIPMENT PLATFORM IN 16.5'X20' LEASE AREA ON ROOFTOP ® u O EXISTING ROOF DRAIN (TYP) EXISTING HVAC CABLE DOGHOUSE (TYP) OO OO O � EXISTING HVAC UNIT (TYP) EXISTING PENTHOUSE (TYP) DETAIL SITE PLAN NOTE: LE-2 0 1 FINAL FIBER/TELCO ROUTING TO BE DETERMINED BY PROVIDER. SCALE: 1" = 10' ORIGINAL SIZE IN INCHES • �■ OKLAHOMA TRACK — LEASE EXHIBIT ' PROJECT # 20181795707 — LOCATION CODE # 274152 Tectonic 233 LAKE AVE — CITY OF SARATOGA SPRINGS — PRACTICALSOLYTIONS.DICRPTIONALSRRVICR. SARATOGA COUNTY, NY 12866 Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. CELLCO PARTNERSHIP, Project Contact Info 36 British American Blvd. Phone: (518) 783-1630 (LESSEE) Latta 101 829-6s31 Latham, NY 12110 www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 cengi TEC WO:9725.22 ISSUED BY: TJW DATE: 11/29/22 1 SCALE: AS NOTED I SHEET: LE-2 REV: 9 a Z H < Q Z Z 6 Z w w z w w z N I a N Li o_ J N Lo w O W Li O (n � O pCD O w z z d O Cn O X Cn w O W w O Of d a0 1 O O F O WO o L" O LO -H H LO It M PROPOSED LESSEE ANTENNAS & EQUIPMENT MOUNTED ON SECTOR SECTOR FRAME ATTACHED TO PENTHOUSE PARAPET (TYP) EXISTING PENTHOUSE APPROXIMATE ROOF LINE EXISTING ADJACENT EXISTING BUILDING BUILDING EAST ELEVATION LE-3 SCALE: 1" — 16' PROPOSED LESSEE 9'-4"X14'—O" EQUIPMENT PLATFORM IN 16.5'X20' LEASE AREA ON ROOFTOP 0 1 ORIGINAL SIZE IN INCHES �■ OKLAHOMA TRACK — LEASE EXHIBIT ' PROJECT # 20181795707 — LOCATION CODE # 274152 Tectonic 233 LAKE AVE — CITY OF SARATOGA SPRINGS — PRACTI, 31111111111 SARATOGA COUNTY, NY 12866 Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. CELLCO PARTNERSHIP, Project Contact Info 36 British American Blvd. Phone: (518) 783-1630 (LESSEE) Latta 101 829-6531 Latham, NY 12110 www.tectonicengineering.com 1275 JOHN STREET, SUITE 100, WEST HENRIETTA, NY 14586 cengi TEC WO:9725.22 I ISSUED BY: TJW DATE: 11/29/22 1 SCALE: AS NOTED I SHEET: LE-3 I REV: 9