HomeMy WebLinkAbout20260627 Brook Rd Verizon Communications Facility Site Plan Land Lease AgreementDocusign Envelope ID:0AFDBADF-1721-4269-8EC4-BDDD8B831F7E
SITE NAME:Saratoga Quarry
MDG ID:5000952668
EFFECTIVE DATE:
LAND LEASE AGREEMENT
This Land Lease Agreement (the "Agreement")is made by and between D.A.Collins
Development Corp.,with its principal offices located at 269 Ballard Road,Wilton,New York
12831 ("LESSOR")and Cellco Partnership d/b/a Verizon Wireless with its principal offices at One
Verizon Way,Mail Stop 4AW 100,Basking Ridge,New Jersey 07920 ("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:
GRANT.LESSOR hereby grants to LESSEE the right to install,maintain,replace,add
and operate communications equipment ("Use")upon a portion of that real property owned,
leased or controlled by LESSOR located at Brook Road,City of Saratoga Springs,Saratoga County,
New York,Tax Map No.164.-2-43.1 (the "Property").The Property is legally described on Exhibit
"A"attached hereto and made a part hereof.The "Premises"is approximately 10,000 square
feet,and is shown in detail on Exhibit "B"attached hereto and made a part hereof.LESSEE will
survey the Premises by a New York State licensed surveyor.Upon completion,the stamped
survey along with a metes and bounds description shall replace Exhibit "B"in its entirety within
six (6)months of the Effective Date.
1.
INITIAL TERM.This Agreement shall be effective as of the date of execution by
both Parties ("Effective Date").The initial term of the Agreement shall be for five (5 )years
beginning on the first day of the month after LESSEE receives all Government Approvals in
accordance with Paragraph 8 below (the "Commencement Date")and will be acknowledged by
the Parties in writing,including electronic mail.The Initial Term will terminate on the fifth (5th)
anniversary of the Term Commencement Date.
2.
3.EXTENSIONS.The initial term of this Agreement shall automatically be extended
for four (4)additional five-year (5-year)terms unless LESSEE gives LESSOR written notice of its
intent to terminate at least three (3 )months prior to the end of the then current extension term.
The initial term and any extension terms shall be collectively referred to herein as the "Term".
RENTAL.4.
Rental payments shall begin on the Commencement Date and be due at a
total annual rental of $U.S.to be paid in equal monthly installments on the first day of
the month,in advance,to LESSOR at 269 Ballard Road,Wilton,New York 12831 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 of any rental payment due date by notice given in accordance with Paragraph 19
a.
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below.The initial rental payment shall be delivered by LESSEE no later than 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.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 $.
On each annual anniversary of the Commencement Date,the rent payable
shall increase by ()over the prior year 's rental amount.
c.
For any party to whom rental payments are to be made,LESSOR or any
successor in interest of LESSOR hereby agrees to provide to LESSEE (i)a completed,current
version of Internal Revenue Service Form W-9,or equivalent;(ii)complete and fully executed
state and local withholding forms if required;(iii)LESSEE'S payment direction form,and (iv)other
documentation to verify LESSOR'S or such other party's right to receive rental as is reasonably
requested by LESSEE.Rental shall accrue in accordance with this Agreement,but LESSEE shall
have no obligation to deliver rental payments until the requested documentation has been
received by LESSEE.Upon receipt of the requested documentation,LESSEE shall deliver the
accrued rental payments as directed by LESSOR.
d.
ACCESS/UTILITIES.LESSEE shall have the non-exclusive right of ingress and egress
from a public right-of-way,7 days a week,24 hours a day,over the Property to and from the
Premises for the purpose of installation,operation and maintenance of LESSEE'S communications
equipment over or along a thirty (30)foot wide right-of-way ("Easement"),which is depicted on
Exhibit "B".LESSEE may use the Easement for the installation,operation and maintenance of
wires,cables,conduits and pipes for all necessary electrical,telephone,fiber and other similar
support services as deemed necessary or appropriate by LESSEE for the operation of its
communications equipment.In the event it is necessary,LESSOR agrees to grant LESSEE or the
service provider the right to install such services on,through,over and/or under the Property,
provided the location of such services shall be reasonably approved by LESSOR.In the event of
any power interruption at the Premises,LESSEE shall be permitted to install,maintain and /or
provide access to and use of a temporary power source to be located on the Property,including
related equipment and appurtenances,such as conduits connecting the temporary power source
to the Premises.
5.
CONDITION OF PROPERTY.LESSOR shall deliver the Premises to LESSEE as-is for
LESSEE'S Use and clean and free of debris.LESSOR represents and warrants to the best of
LESSOR'S knowledge to LESSEE that as of the Effective Date,the Property is (a )in compliance with
all Laws;and (b)in compliance with all EH &S Laws (as defined in Paragraph 23).
6.
7.IMPROVEMENTS.The communications equipment including,without limitation,
the tower structure,antennas,conduits,fencing and other screening,and other improvements
shall be at LESSEE'S expense and installation shall be at the discretion and option of LESSEE.
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LESSEE shall have the right to replace,repair,add to or otherwise modify its communications
equipment,tower structure,antennas,conduits,fencing and other screening,or other
improvements or any portion thereof and the frequencies over which the communications
equipment operates,at no additional cost to LESSEE,whether or not any of the communications
equipment,antennas,conduits or other improvements are listed on any exhibit.LESSEE shall only
be required to obtain LESSOR consent for modifications that increase LESSEE'S Premises.LESSOR
shall respond in writing to any LESSEE consent request within sixty (60)days of receipt,any
material modifications to the Premises shall be memorialized by the Parties in writing.LESSOR is
not entitled to a rent increase associated with any LESSEE modification unless it is increasing its
Premises,in which case,any rent increase shall be proportionate to the additional ground space
included in the Premises.
GOVERNMENT APPROVALS.LESSEE'S Use is contingent upon LESSEE obtaining all
of the certificates,permits and other approvals (collectively the "Government Approvals")that
may be required by any Federal,State or Local authorities (collectively,the "Government
Entities")as well as a satisfactory soil boring test,environmental studies,or any other due
diligence LESSEE chooses that will permit LESSEE'S Use.LESSOR shall cooperate with LESSEE in its
effort to obtain and maintain any Government Approvals for LESSEE'S permitted use as described
in Paragraph 1 above and agrees to reasonably assist LESSEE,at no additional cost to LESSOR,
with such applications and with obtaining and maintaining Government Approvals.
Notwithstanding anything contained herein to the contrary,LESSOR hereby agrees to allow
LESSEE to install any RF frequency signage and/or barricades as are necessary to ensure LESSEE'S
compliance with Laws.
8.
TERMINATION.LESSEE may,unless otherwise stated,immediately terminate this
Agreement upon written notice to LESSOR in the event that (i)any applications for such
Government Approvals should be finally rejected;(ii)any Government Approval issued to LESSEE
is canceled,expires,lapses or is otherwise withdrawn or terminated by any Government Entity;
(iii)LESSEE determines that such Government Approvals may not be obtained in a timely manner;
(iv)LESSEE determines any structural analysis is unsatisfactory;(v)LESSEE,in its sole discretion,
determines the Use of the Premises is obsolete or unnecessary;(vi)with 3 months prior notice
to LESSOR,upon the annual anniversary of the Commencement Date;or (vii )at anytime before
the Commencement Date for any reason or no reason in LESSEE'S sole discretion.
Notwithstanding anything stated herein,if LESSEE elects to terminate the agreement pursuant
to subparts (v)or (vi),LESSEE shall pay to LESSOR an early termination fee equal to six times the
current monthly rental due and owing for the month in which the notice of termination is
provided by LESSEE (the "Early Termination Fee").The Early Termination Fee shall be in addition
to the monthly rental due and owing until the effective date of the termination.
9.
INDEMNIFICATION.Subject to Paragraph 11,each Party and /or any successor
and/or assignees thereof,shall indemnify and hold harmless the other Party,and/or any
successors and/or assignees thereof,against (i)all claims of liability or loss from bodily 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
10.
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damages may be due to or caused by the negligence or willful misconduct of the other Party,or
its employees,contractors or agents,and (ii)reasonable attorney's fees,expense,and defense
costs incurred by the indemnified Party.The indemnified Party will provide the indemnifying
Party with prompt,written notice of any claim that is subject to the indemnification obligations
in this paragraph.The indemnified Party will cooperate appropriately with the indemnifying Party
in connection with the indemnifying Party's defense of such claim .The indemnifying Party shall
defend any indemnified Party,at the indemnified Party's request,against any claim with counsel
reasonably satisfactory to the indemnified Party.The indemnifying Party shall not settle or
compromise any such claim or consent to the entry of any judgment without the prior written
consent of each indemnified Party and without an unconditional release of all claims by each
claimant or plaintiff in favor of each indemnified Party.All indemnification obligations shall
survive the termination or expiration of this Agreement.
11.INSURANCE.The Parties agree to maintain during the term of this Agreement the
following insurance policies:
Commercial general liability in the amount of $per
occurrence for bodily injury (including death )and property damage and $in the
annual aggregate.Each party shall be included as an additional insured as their interest may
appear under this Agreement on the other party's insurance policy.
a.
"All-Risk"property insurance on a replacement cost basis insuring their
respective property with no coinsurance requirement.Where legally permissible,each party
agrees to waive subrogation against the other party and to ensure said waiver is recognized by
the insurance policies insuring the property.
b.
12.LIMITATION OF LIABILITY.Except for indemnification pursuant to Paragraphs 10
and 23,a violation of Paragraph 26,or a violation of law,neither Party shall be liable to the other,
or any of their respective agents,representatives,or employees for any lost revenue,lost profits,
diminution in value of business,loss of technology,rights or services,loss of data,or interruption
or loss of use of service,incidental,punitive,indirect,special,trebled,enhanced or consequential
damages,even if advised of the possibility of such damages,whether such damages are claimed
for breach of contract,tort (including negligence),strict liability or otherwise,unless applicable
law forbids a waiver of such damages.
13.INTERFERENCE.
LESSEE agrees that LESSEE will not cause interference that is measurable
in accordance with industry standards to LESSOR'S equipment.LESSOR agrees that LESSOR and
other occupants of the Property will not cause interference that is measurable in accordance with
industry standards to the then existing communications equipment of LESSEE.
a.
b.Without limiting any other rights or remedies,if interference occurs and
continues for a period in excess of 48 hours following notice to the interfering party via telephone
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to LESSEE'S Network Management Center at (800)264-6620 or to LESSOR at (518)584-2421,the
interfering party shall or shall require any other user to reduce power or cease operations of the
interfering equipment until the interference is cured.
c.The Parties acknowledge that there will not be an adequate remedy at law
for noncompliance with the provisions of this Paragraph and therefore the Parties shall have the
right to equitable remedies such as,without limitation,injunctive relief and specific performance.
REMOVAL AT END OF TERM.Within ninety (90)days of the expiration or earlier
termination of the Agreement,LESSEE shall remove LESSEE'S equipment and property (except
footings and foundations)and restore the Premises to its original condition,reasonable wear and
tear and casualty damage excepted.Failure by LESSEE to remove all of LESSEE'S equipment and
property,and restore the Premises to its original condition shall be considered as abandonment.
LESSEE is liable for costs as a result of LESSEE'S abandonment to restore the Premises to its
original condition,except removed trees.To ensure compliance with the removal obligation
under this Agreement,prior to the commencement of construction,LESSEE shall provide to
LESSOR a fully executed Removal Bond identifying LESSOR as the Obligee,with a face value of
$To the extent allowed by the Surety,the removal bond may also name the City of
Saratoga Springs,if required as a condition of municipal approval.In the event that the Surety
provides notice of cancellation of the Removal Bond,within 30 days of such notice,LESSEE shall
provide a replacement Removal Bond or other financial security to guarantee funds necessary to
remove the tower in the event LESSEE fails to do so.Commencing with the first extension term,
LESSOR may request that LESSEE provide a quote for the cost associated with the removal of
LESSEE'S equipment and property and restoration of the Premises and if the quote exceeds the
face value of the Removal Bond,a replacement bond shall be provided in an amount equal to
%of the quote.LESSOR agrees and acknowledges that the communications equipment 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.
14.
15.INTENTIONALLY OMITTED.
16.RIGHTS UPON SALE.Should LESSOR,at any time during the Term,decide (i)to sell
or otherwise transfer all or any part of the Property,or (ii)to grant to a third party by easement
or other legal instrument an interest in and to any portion of the Premises,such sale,transfer,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 .
LESSOR'S TITLE .LESSOR covenants that LESSEE,on paying the rent and performing
the covenants herein,shall peaceably and quietly have,hold and enjoy the Premises.LESSOR
represents and warrants to LESSEE as of the Effective Date and covenants during the Term that
LESSOR has full authority to enter into and execute this Agreement and that to the best of
LESSOR'S knowledge,there are no liens,judgments,covenants,easements,restrictions or other
impediments of title that will adversely affect LESSEE'S Use.
17.
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ASSIGNMENT.Without any approval or consent of the other Party,this Agreement
may be sold,assigned or transferred by either Party to (i)any entity in which the Party directly
or indirectly holds an equity or similar interest;(ii)any entity which directly or indirectly holds an
equity or similar interest in the Party;or (iii)any entity directly or indirectly under common
control with the Party .LESSEE may assign this Agreement to any entity which acquires all or
substantially all of LESSEE'S assets in the market defined by the FCC in which the Property is
located by reason of a merger,acquisition or other business reorganization without approval or
consent of LESSOR.As to other parties,this Agreement may not be sold,assigned or transferred
without the written consent of the other Party,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 either Party shall constitute
an assignment hereunder .LESSEE may sublet the Premises in LESSEE ’S sole discretion.
18.
18A.SUBLEASE REVENUE SHARE.LESSEE may,in its sole discretion,sublet,license or
otherwise allow the use of all or any part of the Premises without any prior approval or consent
of the LESSOR,upon the payment of $per month per additional tower user beyond LESSEE
(meaning there shall be no additional payment for the initial carrier at the site),payable by such
sublessee,licensee or other user (hereinafter,a "user ")directly to LESSOR.On the annual
anniversary of the commencement of the monthly rental fee,the monthly rent fee shall increase
by 2%over the prior monthly rental fee amount .
0)Notwithstanding any other provision of this Agreement :(1)no
additional payment shall be due to LESSOR where such sublease,license or other use is
required,ordered or negotiated as a condition of approval by or with any governmental
authority having jurisdiction over LESSEE or the Premises,for governmental,emergency
services or other public service use;and (2)LESSEE shall not be required to obtain
approval from the LESSOR for such use.
(ii)LESSEE shall have the sole right to determine whether it will sublet,
license or otherwise allow the use of any portion of the Premises or whether it will sublet,
license or enter into any other usage agreement with any specific user.LESSEE shall have
no liability of any nature to LESSOR for failure to sublet,license or otherwise allow the
user of all or any part of the Premises to any or all potential user(s).
(iii)LESSEE shall not be responsible to LESSOR for the collection or
payment of rents by any user to LESSOR hereunder,and shall have no liability to LESSOR
in the event of failure of payment by any such user.
(iv)Any user agreement that is entered into by LESSEE shall be subject
to the provisions of this Agreement and shall be binding upon the successors,assigns,
heirs and legal representatives of the respective Parties hereto.LESSEE shall have the
right to require,in its sole discretion,that any such user(s)enter into a three-party
agreement with LESSOR and LESSEE to confirm the direct payment obligation to LESSOR
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hereunder,document LESSOR'S consent to said agreement and otherwise memorialize
said user 's agreement to all terms and conditions of this Agreement.
(v)It is understood and agreed by the Parties that the additional
payment hereunder shall only apply if LESSEE is able to accommodate all of the third-
party user’s facilities within the Premises.If LESSEE is unable to accommodate any or part
of said user 's facilities within the Premises,then LESSOR may enter into an agreement
with the user for a portion of the property that said user requires to locate its facilities.
In this event,LESSEE shall receive of the rental for that portion of the facilities that
are located within the limits of the Premises and LESSOR shall receive of the rental,
negotiated by the LESSOR and said user,for the portion of user 's facilities that are located
on the property outside LESSEE’S Premises.
19.NOTICE.Except for notices permitted via telephone in accordance with Paragraph
13,or via electronic mail in accordance with Paragraph 2,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 that the Party
to be notified may have designated to the sender by like notice):
D.A.Collins Development Corp.
269 Ballard Rd
Wilton,New York 12831
LESSOR:
Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention:Network Real Estate -MDG ID:5000952668
LESSEE:
With a copy to:Basking Ridge Mail Hub
Attn:Legal Intake -MDG ID:5000952668
One Verizon Way
Basking Ridge,New Jersey 07920
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
20.INTENTIONALLY OMITTED.
21.DEFAULT.It is a "Default"if (i)either Party fails to comply with this Agreement and
does not remedy the failure within 30 days after written notice by the other Party or,if the failure
cannot reasonably be remedied in such time,if the failing Party does not commence a remedy
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within the allotted 30 days and diligently pursue the cure to completion within 90 days after the
initial written notice,or (ii)LESSOR fails to comply with this Agreement and the failure interferes
with LESSEE'S Use and LESSOR does not remedy the failure within 5 days after written notice from
LESSEE or,if the failure cannot reasonably be remedied in such time,if LESSOR does notcommencearemedywithintheallotted5daysanddiligentlypursuethecuretocompletion
within 15 days after the initial written notice.The cure periods set forth in this Paragraph 21 do
not extend the period of time in which either Party has to cure interference pursuant toParagraph13ofthisAgreement.
REMEDIES.In the event of a Default,without limiting the non-defaulting Party intheexerciseofanyrightorremedywhichthenon-defaulting Party may have by reason of such
default,the non-defaulting Party may terminate this Agreement and/or pursue any remedy now
or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state
in which the Property is located.
22.
ENVIRONMENTAL.LESSEE shall conduct its business in compliance with allapplicablelawsgoverningtheprotectionoftheenvironmentoremployeehealthandsafety
("EH&S Laws").LESSEE shall indemnify and hold harmless the LESSOR from claims to the extentresultingfromLESSEE'S violation of any applicable EH &S Laws or to the extent that LESSEE causes
a release of any regulated substance to the environment.LESSOR shall indemnify and holdharmlessLESSEEfromallclaimsresultingfromtheviolationofanyapplicableEH&S Laws or a
release of any regulated substance to the environment except to the extent resulting from the
activities of LESSEE.The Parties recognize that LESSEE is only leasing a small portion of the
Property and that LESSEE shall not be responsible for any environmental condition or issue except
to the extent resulting from LESSEE'S specific activities and responsibilities.
23.
CASUALTY.If a fire or other casualty damages the Property or the Premises andsubstantiallyimpairsLESSEE'S Use,rent shall continue unless the LESSOR caused the fire or othercasualty.If LESSEE'S Use is not restored within 45 days,either party may terminate this
Agreement,unless LESSEE is diligently pursuing repairs.
24.
25.CONDEMNATION.If a condemnation of any portion of the Property or PremisesimpairsLESSEE'S Use,LESSEE may terminate this Agreement.
APPLICABLE LAWS.LESSEE shall,in respect to the condition of the Premises and atLESSEE'S sole cost and expense,comply with (i)all laws relating solely to LESSEE'S specific anduniquenatureofuseofthePremises;and (ii)all building codes requiring modifications to thePremisesduetotheimprovementsbeingmadebyLESSEEinthePremises.It shall be LESSOR'SobligationtocomplywithalllawsrelatingtotheProperty,without regard to specific use(including,without limitation,modifications required to enable LESSEE to obtain all necessarybuildingpermits).
26.
27.TAXES.If LESSOR is required by law to collect any federal,state,or local tax,fee,or other governmental imposition (each,a "Tax")from LESSEE with respect to the transactions
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contemplated by this Agreement,then LESSOR shall bill such Tax to LESSEE in the manner and for
the amount required by law,LESSEE shall promptly pay such billed amount of Tax to LESSOR,and
LESSOR shall remit such Tax to the appropriate tax authorities as required by law;provided,
however,that LESSOR shall not bill to or otherwise attempt to collect from LESSEE any Tax with
respect to which LESSEE has provided LESSOR with an exemption certificate or other reasonable
basis for relieving LESSOR of its responsibility to collect such tax from LESSEE.Except as provided
in this Paragraph 27,LESSOR shall bear the costs of all Taxes that are assessed against or are
otherwise the legal responsibility of LESSOR with respect to itself,its property,and the
transactions contemplated by this Agreement.LESSEE shall be responsible for all Taxes that are
assessed against or are otherwise the legal responsibility of LESSEE with respect to itself,its
property,and the transactions contemplated by this Agreement.
28.NON-DISCLOSURE .The Parties agree that this Agreement and any information
exchanged between the Parties regarding the Agreement are confidential.The Parties agree not
to provide copies of this Agreement or any other confidential information to any third party
without the prior written consent of the other or as required by law.If a disclosure is required by
law,prior to disclosure,the Party shall notify the other Party and cooperate to take lawful steps
to resist,narrow,or eliminate the need for that disclosure.
MISCELLANEOUS.This Agreement contains all agreements,promises and
understandings between the LESSOR and the LESSEE regarding this transaction,and no oral
agreement,promises or understandings shall be binding upon either the LESSOR or the LESSEE
in any dispute,controversy or proceeding.This Agreement may not be amended or varied except
in a writing signed by all Parties.This Agreement shall extend to and bind the heirs,personal
representatives,successors and assigns hereto.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
hereunder shall not waive such rights and such party shall have the right to enforce such rights
at any time.The performance of this Agreement shall be governed,interpreted,construed and
regulated by the laws of the state in which the Premises is located without reference to its choice
of law rules.Except as expressly set forth in this Agreement,nothing in this Agreement shall
grant,suggest or imply any authority for one Party to use the name,trademarks,service marks
or trade names of the other for any purpose whatsoever.The provisions of the Agreement
relating to indemnification from one Party to the other Party shall survive any termination or
expiration of this Agreement.This Agreement may be executed in counterparts,including written
and electronic forms.All executed counterparts shall constitute one Agreement,and each
counterpart shall be deemed an original.
29.
30.MEMORANDUM OF LEASE.LESSOR agrees to execute a Memorandum of this
Agreement,which LESSEE may record with the appropriate recording officer.In the event that
this Agreement expires or is otherwise terminated and the Parties will cooperate to record such
instruments as are necessary to reflect the expiration or termination of the Agreement including
the easements to serve the Premises.
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IN WITNESS WHEREOF,this Agreement is entered into by the Parties as of the Effective
Date.
LESSOR:D.A.Collins Development Corp.
Name:
Its:
Date:
LESSEE:Cellco Partnership d/b/a Verizon Wireless
Signed by:
By:
736BC8357F5940B...
Sachin IyengarName:
sr DirectorIts:
Feb 27 ,2026Date:
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EXHIBIT "A"
PROPERTY DESCRIPTION
ALL THAT CERTAIN PIECE OR PARCEL OF LAND,situate,lying and being on the Easterly
side ot the Snake Hollow Road in the Outside Tax District of the City of Saratoga Springs,
New York,designated on the Tax Assessor 's Map of the Outside Tax District of said City on
file in the Office of the Commissioner of Accounts as Section 1,Block C,Lot 4,bounded and
described as follows:
Westerly by Snake Hollow Road;Southerly by premises now or formerly of Schoharie Stone
Corp.(Sec.1,Bl.C.Lot 6 PTA );Jacob Papka;North and East by premises of M.Gilbert and
H.Griffiths (Sec.1,Bl.C Lot 3);Containing 30.6 acres,more or less.
FOR CONVEYANCING ONLY,IF INTENDED TO BE CONVEYED:TOGETHER WITH ALL RIGHT,TITLE ANDINTERESTOF,IN AND TO ANY STREETS,ROADS,OR AVENUES ABUTTING THE ABOVE DESCRIBED
PREMISES,TO THE CENTER LINE THEREOF.
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EXHIBIT "B"
PREMISES DESCRIPTION
PREMISES is a portion of the property located at Brook Road,City of Saratoga Springs,Saratoga
County,New York (Tax Map No.164.-2-43.1)
lOO'XlOO'LEASE AREA
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY TAX MAP SECTION 164,BLOCK 2,LOT 43.1 AS DESIGNATED ON THE SARATOGA COUNTY TAX MAPS,
BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED LEASE AREA;RUNNING THENCE
SOUTH 07°01’30"EAST FOR A DISTANCE OF 100.00 FEET TO A POINT;THENCE
SOUTH 82°58'30"WEST FOR A DISTANCE OF 100.00 FEET TO A POINT;THENCE
NORTH 07°01'30"WEST FOR A DISTANCE OF 100.00 FEET TO A POINT;THENCE
NORTH 82°58'30”EAST FOR A DISTANCE OF 100.00 FEETTO THE POINT OF BEGINNING.
CONTAINING 10,000 SQUARE FEET
30'WIDE ACCESS &UTILITY EASEMENT 1
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY DA COLLINS DEV CORP,TAX MAP SECTION 164,BLOCK 2,LOTS 43.1 AS DESIGNATED ON THE
SARATOGA COUNTY TAX MAPS,BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT;RUNNING THENCE
NORTH 82°58'30"EAST FOR A DISTANCE OF 30.00 FEET TO A POINT;THENCE
SOUTH 07°01'30"EAST FOR A DISTANCE OF 130.00 FEETTO A POINT;THENCE
SOUTH 82°58'30"WEST FOR A DISTANCE OF 41.79 FEETTO A POINT;THENCE
SOUTH 23°30'04"WEST FOR A DISTANCE OF 21.57 FEETTO A POINT;THENCE
ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 145.00 FEET WITH AN ARC LENGTH OF 37.16 FEET TO A
POINT ON THE NORTHERLY BOUNDARY OF THE LANDS NOW OR FORMERLY DA COLLINS CONST CO INC,TAX MAP
SECTION 164,BLOCK 2 LOT 40;THENCE
ALONG SAID BOUNDARY,SOUTH 82°58'30"WEST FOR A DISTANCE OF 50.82 FEET TO A POINT;THENCE
LEAVING SAID BOUNDARY,ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 115.00 FEET WITH AN ARC
LENGTH OF 66.15 FEET AND WHOSE LONG CHORD BEARS N SS'ES'SC E FOR A DISTANCE OF 65.24 FEET TO A
POINT;THENCE
NORTH 23°30'4"EAST FOR A DISTANCE OF 3.88 FEET TO A POINT;THENCE
SOUTH 82°58'30"WEST FOR A DISTANCE OF 53.38 FEETTO A POINT;THENCE
NORTH 07°01'30"WEST FOR A DISTANCE OF 30.00 FEET TO A POINT;THENCE
NORTH 82°58'30"EAST FOR A DISTANCE OF 100.00 FEET TO A POINT;THENCE
NORTH OT'OrSO"WEST FOR A DISTANCE OF 100.00 FEETTO THE POINT OF BEGINNING.
CONTAINING 8,781 SQUARE FEET
12
Docusigrt Envelope ID:0AFDBADF-1721-4269-8EC4-BDDD8B831F7E
30'WIDE ACCESS &UTILITY EASEMENT 3
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY DA COLLINS DEV CORP,TAX MAP SECTION 164,BLOCK 2,LOTS 43.1 AS DESIGNATED ON THE
SARATOGA COUNTY TAX MAPS,BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT,SAID POINT BEING ON THE
NORTHERLY BOUNDARY OF THE LANDS NOW OR FORMERLY DA COLLINS CONST CO INC,TAX MAP SECTION 164,
BLOCK 2 LOT 40;RUNNING THENCE
LEAVING SAID BOUNDARY,ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 115.00 FEET WITH AN ARC
LENGTH OF 83.67 FEET AND WHOSE LONG CHORD BEARS N 27,02‘37"W FOR A DISTANCE OF 81.83 FEET TO A
POINT;THENCE
NORTH 06°12’13"WEST FOR A DISTANCE OF 118.55 FEET TO A POINT;THENCE
NORTH 18°26'22"WEST FOR A DISTANCE OF 117.91 FEET TO A POINT;THENCE
ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 115.00 FEET WITH AN ARC LENGTH OF 85.82 FEET TO A
POINT;THENCE
NORTH 24°19'06"EAST FOR A DISTANCE OF 174.01 FEET TO A POINT;THENCE
NORTH 32°19’30"EAST FOR A DISTANCE OF 122.52 FEETTO A POINT;THENCE
ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 10.00 FEET WITH AN ARC LENGTH OF 17.16 FEET TO A POINT;
THENCE
NORTH 65°59'31"WEST FOR A DISTANCE OF 116.67 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE
LANDS NOW OR FORMERLY NATIONAL GRID,TAX MAP SECTION 164,BLOCK 1,LOT 20.1;THENCE
ALONG SAID BOUNDARY,NORTH 27“45'30"EAST FOR A DISTANCE OF 30.06 FEET TO A POINT;THENCE
LEAVING SAID BOUNDARY,SOUTH SS^'S!"EAST FOR A DISTANCE OF 114.70 FEET TO A POINT;THENCE
ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 40.00 FEET WITH AN ARC LENGTH OF 68.64 FEET TO A
POINT;THENCE
SOUTH 32°19'30"WEST FOR A DISTANCE OF 120.42 FEETTO A POINT;THENCE
SOUTH 24°19'06"WEST FOR A DISTANCE OF 171.91 FEETTO A POINT;THENCE
ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 85.00 FEET WITH AN ARC LENGTH OF 63.43 FEET TO A POINT;
THENCE
SOUTH 18*26'22"EAST FOR A DISTANCE OF 121.13 FEET TO A POINT;THENCE
SOUTH 06°12’13"EAST FOR A DISTANCE OF 121.77 FEET TO A POINT;THENCE
ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 85.00 FEET WITH AN ARC LENGTH OF 93.60 FEETTO A POINT
ON THE NORTHERLY BOUNDARY OF THE LANDS NOW OR FORMERLY DA COLLINS CONST CO INC;THENCE
ALONG SAID BOUNDARY,SOUTH 82°58'30"WEST FOR A DISTANCE OF 47.42 FEET TO THE POINT OF BEGINNING.
CONTAINING 25,636 SQUARE FEET
30'WIDE ACCESS &UTILITY EASEMENT 4
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY NATIONAL GRID,TAX MAP SECTION 164,BLOCK 1,LOT 20.1 AS DESIGNATED ON THE SARATOGA
COUNTY TAX MAPS,BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT,SAID POINT BEING ON THE
WESTERLY BOUNDARY OF THE LANDS NOW OR FORMERLY DA COLLINS DEV CORP,TAX MAP SECTION 164,BLOCK
2 LOT 43.1;RUNNING THENCE
ALONG SAID BOUNDARY,SOUTH 27°45'30"WEST FOR A DISTANCE OF 30.06 FEET TO A POINT;THENCE
13
Docusign Envelope ID:0AFDBADF-1721-4269-8EC4-BDDD8B831F7E
LEAVING SAID BOUNDARY,NORTH eS^Bl"WEST FOR A DISTANCE OF 147.60 FEET TO A POINT ON THE
WESTERLY SIDELINE OF BROOK ROAD;THENCE
ALONG SAID SIDELINE,NORTH 27357'31"EAST FOR A DISTANCE OF 30.07 FEET TO A POINT;THENCE
LEAVING SAID SIDELINE,SOUTH 65“59'31"EAST FOR A DISTANCE OF 147.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,427 SQUARE FEET
10'WIDE UTILITY EASEMENT 1
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY TAX MAP SECTION 164,BLOCK 2,LOT 43.1 AS DESIGNATED ON THE SARATOGA COUNTY TAX MAPS,
BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT SAID POINT BEING ON THE
EASTERLY BOUNDARY OF THE LANDS NOW OR FORMELRY NATIONAL GRID,TAX MAP SECTION 164,BLOCK 1,LOT
20.1;RUNNING THENCE
SOUTH 65352'03"EAST FOR A DISTANCE OF 21.83 FEET TO A POINT;THENCE
SOUTH 59°24'53"EAST FOR A DISTANCE OF 99.42 FEET TO A POINT;THENCE
SOUTH 24°19 '06"WEST FOR A DISTANCE OF 10.06 FEET to a point;thence
NORTH 59°24'53"WEST FOR A DISTANCE OF 99.95 FEET TO A POINT;THENCE
NORTH 65'>52,03”WEST FOR A DISTANCE OF 21.90 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE LANDS
NOW OR FORMERLY NATIONAL GRID;THENCE
ALONG SAID BOUNDARY,NORTH 27°45'33 "EAST FOR A DISTANCE OF 10.02 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,216 SQUARE FEET
10'WIDE UTILITY EASEMENT 2
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND SITUATE,LYING AND BEING IN THE TOWN OF SARATOGA
SPRINGS,COUNTY OF SARATOGA,STATE OF NEW YORK,SAID BEING A PORTION OF THE LANDS NOW OR
FORMERLY NATIONAL GRID,TAX MAP SECTION 164,BLOCK 1,LOT 20.1 AS DESIGNATED ON THE SARATOGA
COUNTY TAX MAPS,BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED EASEMENT,SAID POINT BEING ON THE
WESTERLY BOUNDARY OF THE LANDS NOW OR FORMERLY DA COLLINS DEV CORP,TAX MAP SECTION 164,BLOCK
2,LOT 43.1;RUNNING THENCE
ALONG SAID BOUNDARY,SOUTH 27°45'33"WEST FOR A DISTANCE OF 10.02 FEET TO A POINT,THENCE
LEAVING SAID BOUNDARY,NORTH 65352'03"WEST FOR A DISTANCE OF 73.95 FEET TO A POINT;THENCE
ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 25.00 FEET WITH AN ARC LENGTH OF 10.81 FEET TO A POINT;
THENCE
SOUTH 89°21'00"WEST FOR A DISTANCE OF 74.50 FEET TO A POINT ON THE EASTERLY SIDELINE OF BROOK ROAD;
THENCE
ALONG SAID SIDELINE,NORTH 29°02’57"EAST FOR A DISTANCE OF 11.51 FEET TO A POINT;THENCE
LEAVING SAID SIDELINE,NORTH 89321'00"EAST FOR A DISTANCE OF 68.79 FEET TO A POINT;THENCE
ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 35.00 FEET WITH AN ARC LENGTH OF 15.14 FEET TO A
POINT;THENCE
SOUTH 65"52 '03"EAST FOR A DISTANCE OF 74.58 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,589 SQUARE FEET
14
Docusign Envelope ID:0AFDBADF-1721-4269-8EC4-BDDD8B831F7E
N SITE INFORMATION
APPROXIMATE COORDINATES:43.07802*-73.83134*
\l
\,EXISTING TREEUNE(TYP)
-0-/\EXISTING
3 _D GRAVEL \/AREA ^*'/S-B-L:
164.-2-44.2\EXISTINGWOODEDAREA /
.^I/EXISTING
WOODED AREA
C-i'EXISTING
WORK YARD */
/t*'
/
/EXISTING OVERHEAD S-B-L:
'164.16-1-43W \lI/!APPROXIMATE LOCATION
OF EXISTING ADJACENT
PROPERTY LINE (TYP)
S-B-L:
164.-2-44.1=S-B-L:!164.-1-22 \EXISTING UTILITY POLE#10 /7 (ASSUMED SOURCE
OF POWER AND FIBER)
i:\\\i 1\\
I I \I I \APPROXIMATE LOCATION OFEXISTINGPROPERTYLINEII
i EXISTING
WOODED AREA -PROPOSED LESSEE 10*
WIDE imiTTY EASEMENT /////S-B-L
164.-2-43.1//OWNER:DA COLLINS DEV CORP/EXISTING
WOODED AREA////l IS-B-L:
164.-1-20.1OWNER:NATIONAL GRID \\
\\
\\
\\
l
l lPROPOSEDLESSEE30'WIDEACCESSicLmUTYEASEMENT \\
\^
EXISTING
WOODED AREA "iS-B-L:S-B-L:
164.-2-42
;OWNER:DA COLLINS CONST CO INC164.-2-39
PROPERTY PLAN1NOTELE-1 SCALE:1”=200'
1.THIS DRAWING IS FOR OPTION,LEASE,LICENSE ANDPERMITTINGPURPOSESONLYANDISNOTTOBEUSEDFORCONSTRUCTION.
2.FINAL UTILITY EASEMENT LOCATION WILL BEDETERMINEDBYTHEUTILITYCOMPANY.
0 1
ORIGINAL SI2E IN INCHES
SARATOGA QUARRY -LEASE EXHIBITTectonicFUZEID#:17193942 -MDG#:5000952668
BROOK ROAD -CITY OF SARATOGA SPRINGS -SARATOGA COUNTY,NY 12866PRACTICALSOLUTIONS.EXCEPTIONAL SERVICE.
CELLCO PARTNERSHIP
(LESSEE)
1275 JOHN STREET,SUITE 100,WEST HENRIETTA,NY 14586
Tectonic Engineering Consultants,Gcologiflta &Lond Survayota,D.P.C.
JProjectContactInfo
36 British American Blvd.
Suite 101
Lathom.NY 12110
Phone:(518)703-1630(800)829-6531
www.tcctonicengincering.conr>
TEC WO:12396.068 DRAFTED BY:NMW DATE:1 /16 /26 SCALE:AS NOTED SHEET:LE-1 REV:2
i?docusign
Certificate Of Completion
Envelope Id:0AFDBADF-1721-4269-8EC4-BDDD8B831F7E
Subject:Saratoga Quarry /2124812 /02272026 /Sr Director
Source Envelope:
Document Pages:15
Certificate Pages:5
AutoNav:Enabled
Envelopeld Stamping:Enabled
Time Zone:(UTC-08:00)Pacific Time (US &Canada)
Status:Completed
Signatures:1
Initials:0
Envelope Originator:
Josh Bernstein
Josh.Bemstein@Verizonwireless.com
IP Address:69.78.100.101
Record Tracking
Status:Original Holder:Josh Bernstein
Josh.Bemstein@Verizonwireless.com
Location:DocuSign
2/27/2026 9:50:55 AM
Signer Events
Sachin Iyengar
sachin.iyengar@verizonwireless.com
Sr Director
Security Level:Email,Account Authentication
(None)
Signature—Sionod by:
SoAd
>78B0C83S7F 5
Timestamp
Sent:2/27/2026 9:53:29 AM
Viewed:2/27/2026 11:11:03 AM
Signed:2/27/2026 11:11:18 AM
to (uu\jfcr
iwoa...
Signature Adoption:Pre-selected Style
Using IP Address:174.201.189.201
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:2/27/2026 11:11:03 AM
ID:2649b1b7-ef12-4905-82e5-724b65cc0370
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events
David Brennan
dbrennan@youngsommer.com
Partner
Young/Sommer LLC
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via Docusign
Status Timestamp
Sent:2/27/2026 9:53:30 AMCOPIED
Kathy Pomponio
kathy.pomponio@verizonwrreless.com
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via Docusign
Sent:2/27/2026 9:53:30 AMCOPIED
Sara Colman
scolman@airosmithdevelopment.com
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Sent:2/27/2026 9:53:31 AM
Viewed:2/27/2026 12:12:34 PMCOPIED
Carbon Copy Events
Not Offered via Docusign
Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Timestamps
2/27/2026 9:53:31 AM
2/27/2026 11:11:03 AM
2/27/2026 11:11:18 AM
2/27/2026 11:11:18 AM
Payment Events
Electronic Record and Signature Disclosure
Status Timestamps