Application TOWN OF QUEENSBURY
742 14ay Road, Qyoeensbury, NY. 12804-5302
January 31, 2018
AJ Signs
842 Saratoga load
Burrit Hills,NY 12027
Re: Hnrne2 Suites
Aviation Hospitality, LLC
524 Aviation load
Tax Map Parcel: 302.5-1-96.1
Dear AJ Signs:
I am writing you with regards to my review of the above referenced project and to doQum cnt the
recent conversations between you and Laura Moore of my office.
Upon my review I find that your current proposal will require a Sign Variance prior to the
installation of the planned signs. Specifically,the proposed walls signs exceed the maximum
allowable sixes granted in the previous Sign Variance; 6-2017, thus additional relief is required..
I understand that you may have already submitted the necessary application for review by our
Board during the month of February 2018. 'Phis letter serves as the required denial letter for the
processing of your application package,
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
71 :�)
Craig Brown
Zoning Administrator
CBlsh
Co. Aviation Hospitality, LLC 906 Route 9 Queensbury,N
LACraig BruwrLUO19 Leners0enial AJ SiDa s 1_31_1R.LWc
` Horne of Nniziral Beauty ... A Good Place to Live
SigL1 Val-i1UICC[Y,k1A Uppiuyed Septi ober 21 24161
iacncri l Information
Tax Parcel [D Number:
Zoning District. •
Detailed Drscrlptiarl of Project[include evrrent proposed use];
Curren# Use: , � k ] l�L � + vzs b vi Aj-0 GGss•J av,el
Prop0d Ulm:�tr . .� C�"{ Q71 . ' Y I 'lr' �� � ''"
LocutiuoorProject: _ _ _ �"1 +'t ►.11rl---- .
Applicant Nonte; r MailingALddress
Horno Phone City, State, Zip
Work Kor10 � � k doll Pholto
E•1wlrril; FAX No.
Agent's Monte; Mai Iing Address
Home Phone City.State,Zip
Work Phone CCII €'110110
L-hail FAX No.
Owner's borne Mailing Address
dome P11(me City, State, Zip
lx 4oti4rIcAJ�
Werk Phono Cell P11011e
E-ron'Ll FAX No,
CEI '
5 .
.JAN 16 2018 r 4� Page 1
TOWN OF QUEENSGURY
=PLANMIN OFFICE
Sign VariMCe [ZEIAspprowed$eplanber213)016]
Site Qevelgpment Data
Arca I Type Existing sq.ft. proposed Tota!sq.&
Addition sq. ft.
A. Building footprint
B. Detached Garage
C- Accessory 15ucclv*s)
D, Paved, gravel or other hard surfaced area
E. Porches I Decks
civ
P. Other
. Total Non4Penneable [Add A-F]
H. Parcel Area [43,560 sq- ft,!acre] q
I- Percentage of Impermeable Arca of Silt [I=G/H]
l
Setback Requirements
Area required Existing Proposed
Front Yard [1] f E
Front Yard [ ]
Shoreline
Side Yard[1]
Side Yard[2]
Rear Yard[I I
Rear Yard [2]
T'r'avel Corridor 1 �
Height [maximum] to 7
f
Permeability '
Number of parking spaces 1
Page 2
Sign Variance Izen rp,roved sep[emher21 2016]
Compliance with Chanter 147 SiW Ordinance
L A Scaled drawing of the entire sign(s) and site plan drawing showing the location is to be included in the
submission packet ie on building and iDn site_ Please note a survey is required unlm a waiver is granted_
2. This application is for a change in the (check all that apply):
Number of Signs, from (currently), to (proposed):
Setback for Sign
ize of Sign
Height of Sign
-- Other(specify)
3. Sign Dimensions)
Sign Type Existing Proposed Leigffi Width Total Height
(Check/ (Check) (ft) 00 (5q Ft) ft
Wall
Wall
Freestanding
Freestanding
Other it panel
Projecting
Awning
Illuminated Type:
4. Property Linc Setbacks Front/Rear Side
5, Sign Wording: 1kmrfllc J S * for
6. Additional information if applicable
Page 3
G)
Sign Variance[Zan approved Scpicnkher 21 2016]
Com fiance yvith Chapter 147 Sign Ordinance
1_ A scaled drawing of the entire sign(s) and site plan drawing showing the location is to be included in the
sub ission packet ie on building and on site. please note a survey is required unless a waftver is granted,
2. This application is for a chan&e its the(check all that apply):
Number of Signs. &on) (currently), to{Proposed)-
Setback for Sign
Size of Sign
Height of Sign
Other(specify)
I ,Sign Dirnension(s)
Sign Type Existing Proposed Ungth Width Total Height
Ch ecl), (Check) (ft) (ft) (Sq Ft) (ft)
Wall f}1 11 .1
r. � I f� 1• \ Cl.
Wall 4
Freestanding
Freestanding
Other ie panel
Projecting
Awning
Illuminated Type:
4_ Property Line Setbacks Front/Rear Side
5. Sign Wording: S k (,;wL A' \
_ Additional information if applicable
Noe 3
L�,
Sign y 8riarlre 1713A approviA Srplcmbcr 2120 1 Col
Compliance with Chapter 147 Sign Ordinance
L A scaled drawing of the entire sign(s) and site pian drawing showing the. location is to be included in the
submission packet ie on bui Iding and on site. Please note a survey is required unless a waiver is granted-
2. This application is for a change in the(check al that apply),
Number of Signs: from(currently), to (proposed):
Setback For Sign
Size of Sign
Height of Sign
Other(specify)
I Sign Dimensions)
Sign Type Existing Proposed Length Width Total Height
(Check) (Check) (ft) (fi) ( q Ft) (ft)
Wall0
Wall
Freestanding
Freestanding
Other ie panel
Projcctirt,ft:,
Awning
Illutrtinated Type:
4- Property Lino Setbacks Front/Bear Side
5. SignWording: f'�' SOACs �AAAon
, Additional information if applicable
Page 3
cl-
0,01f,
Sign VariZnCe 17aq appmwod$epicmbar21 206]
The following questions reflect the criteria for granting this type of variance. Please complete them; use addicional
sheets if needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby
property will be created by the granting of this sign variance?
There will be no undesirable change to the neighborhood. The larger si ns will allow travelers to see the signs
from Aviation Road. The motel is set back from Aviation Road by>300 feet.
, Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue,
other than a sign variance?
Due to the laM a distance from the roa dways there is no other feasible way for the signs to be legible other than
to make the signs larger.
3. Whether the requested sign variame is substantial?
We are reg uesti n g a overall total of 175 sq feet for all 3 sig ns to be allowed to com pensate for the substantial
istance the hotel is from the roadways. The extra square Footage is necessary for the s�gns to be legible.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmentEd conditions in
the neigbborhood or district?
There will be no adverse Im ct on the environment or the neigh borhood due to the fact that the hotel is setback
from Avlation roa It is WNW the neigh ors to either side.
5, Whether the alleged di ff iculty was self-created?
The diffIGUIty Might be considered self created due to the fact that the bulild i ng was built aka great distance from
Aviation road
,Additional Project Information
i. If the parcel has previous approvals, list application number(s). Z- -6-2017
2. Does this project require onverage uncia the Ncw York State Po]tutan[Discharge Elimination System(SP DES)Permit
Program" —Yes 1—No
3. Estimated pmject duration; Start Date End Date
4, Estimated total cost of project. 12500.0
Page 4
igtl VarianCC JZSAapproved Seprcmbeir21 20161
OLP
�,je ,sbrnissian Conference Farm J
See t�on 179- -040
I{
I. Applicant Now.
vat(
JAI
x� MILP]ED t
a ,pcatia�l:
Zoning CLassifteation
t
4. Reason for Revier�r:
. Zoning Section M.
atea: provided OatStanding;Please provide by
6w' p1r"uIbMISSIOU
reed
G.mral W'nrmation complete
Site Development Data Complete ' c�Vt
1n late ;�
Setback RequireMen#s P ��
Add9tivnal Ptnjeot In£orma#iaa Ca�nlete
FAR addressed
Compliance with Zoning Ordinan
Checklist items addreawdBv& 5
o,M,,,tal Form completed
Siipe=pap carnpleted
i
11�,
C # a 'C
n
Stam'Repmcntativf,:
Da :
Applieaat!Agent: page
AXea VairianCO [Zr3Aappro►cd: Septcrnhcr21 20161
Section 179-14-030—Application materials
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s)—a surrey showing existing conditions,a proposed conditions map(sec page 00 for
specific criteria)and include any other attachments that address A-0 as applicable to the proposed project-
A. General Shown un Sheat 4
1 Title Name,Address of applicant&person responsible for preparation of drawing
2 Deed a E5--c"
3 North arrow,Tax Map ID,date prepared and scale rninitnum- 1 inch=40 feet 2-1
4 Boundaries of the property plotwd to scale, zoning bounds
Principal structures,accessgry stntcwwc with exterior ditnensions
6 Site improvements incl. outdoor storage areas, driveways,parking areas,etc.: existing&
proposed
7 Setbacks for all structures and improvements- existing&proposed
8 Elevations and floor plans of all proposed and affected structures -:7,--'12—
B.
-- 1 ,B. Water&Sewer Shown on Sheet
1 Project sewage disposal facilities,design details,construction details, flaw rates, arta number of
bedrooms ro osed AM
2 Nater supply [i.e. well] &septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
3 Separation distances for proposed sewn a disposal system to well and water bodies
4 Existing public or private water supply [well,lake,etc-]- Method of securing public or private
water,location, design and construction of wour Supply ittcludin dai!Y water usage
5 Percolation test location and results
C. Parking!Permeable Areas Shown on Sheet TM
I Numbex of~spaces required for project including calculations and justification- existing c
proposed
2 No. of existing parking spaces, number to be removed,number to maintain and type of surfacing
material [e.g-, velpaved]
3 Provision for pedestrian and handicap access and parking.- existin &proposed
4 Design details of in ress a r= loading areas and cutting: existiiiA_proposed
5 Location and character of green areas [existing and proposed]. modification to green area,buffer
zone to romain undisturbed
6 Lightin& location and design of all existing and propastid outdoor ighting LV
n
D. Additional Site Mvelopment and Miscellaneous Shown on Sheet
1 On-site&adjacent watercourses, streams, rivers, take and wetlands �
2 Utility f energy distributions stem as,electric, solar, telephone]: existinE&pTpqsed
3 Location,design and construction details of all existing and proposed site improvements
including- drains,culverts,mtaining walls, fence,fire&emergency zones and hydrants,etc.
4 Square footage of bldg. area proposed for off=ice, manufacturing, retail sales or other commercial
activities. existin 8c proposed
5 Si na c. Location,size, type,design and setback- existing proposed 3-12
6 Waiver Request: provide letter with application requesting any waivers, please reference
sped fic items C }
7 Commercial 1 Industrial Development requires submission of Landscaping, Stormwater
Mane ement, Grading&Lighting Pians
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
4J J �� # pate s
Area Vallance[3A KVPM%:F SuptcmbcT 2120 161
This page kcludas tete 1.)AiAhcriraiion to Art as Agent Porn: 2.)Engineering Fee Dizelosure, 3,}AuthorizMion fru-Site Visits;4.)
Othrr permit l�espons ilxiiides;5,J Official Meeting D isc[osure and G.]Agreament tD provide documentation rtquired,
0%VNEsR'S AGENT FORM: Complete the foilowing if the OWNER of the property is not the same as the applicant,
owner' 4t VLh',Or) kL f L
1Desigaates: J as Agent regarding the fallowing-
Variance 5ile P[au Subdivision
PorTsx Map]*la,= Deed Refcrenoo_ Dook— Pget_Dae
o'*YI�RSIGNATURE DAM - 1, -+ "x
A11FLICANT's Ali ENT FORt4I: Comp fete the following if the APPLICANT is kmable to attend the
meeting or wishes to be mprcwndted by another party,
owaffr
Dasignams; 4 as Agcn[regarding Cho follow[ng-
Variance Site Plan Subdivision
For Tax Jalap No.; Decd Reference= Boost_ Page_Date=
OWNERS IGNAT€IRE, DAM&.
E GINF-RING FEE DISCLOSUtl : Applications may bt reFeLYed to tine Town consuTrins a &cc.r far review of septic
design, storm drainage, etc. as dctermiued by the Zani3 S or Piaruung D"Mment, Fees For engineering review scrvicm wilt be
charged directly to the applicant_ Rees for e11941C Cr ng rani ew wi 11 not exceed$ 1,000 without not isication to the,applicant_
3, AUTHORIZATION FOR SITE VISITS; $y signing this piigtr rind.submitting the application tnatariaEs atrachcd hrsein,.the
Owner,Applicant,end his berftheix agent(s)htreby aulhoriac the Zoning Board or Planning Baud aad Tovm Staff to titter the subject
properties for the purpose of roviowing the application submitted_
!Dj�e1f EA.U'EftVtVX 12E CKN&ftLPPIE3: Cw-ber pL-�my be required fbt ow=uuLon a:a[tersuca ao6YAy is ue.n [u
approval byte Zoning Board or Planning Board, It is the applicant's responsibility to obtain any additional permi%.
5.] OFFICI&J-KEE" INfa Mjt+UTF _DISCLOSTJ : It is the pracdce of the Community Develapmeat Dcpartmcnt to have a
+designated stenographer tape record the proceedings aFmeetings resultin8 from npp[icaiion, and minutes trattscfihed from those rapes
cansthUMS the officaal record of a[I proceedings,
6. AGREEMENT TO PROVIDE DOCUMENTATION RE UIRED: I, flit widersigned, have Thoroughly read and undeisrand
tee instruations fbr submission and agree to the submission rcquiroracots, I acknowledge no construction activities shall be
��aoc as as�ra�c+e fir�vt1:d,perF��:. 1 ccadfy�a:t the appfica�plans xmd g�axe a[oac and 1eLc.
slattrrtenUdescription of the existing condicluns sud the work proposed, etld that a]I work will be performed in accordance with the
approved plans and in conPorrnanoc with loeul zoning regulations. L acknowledge rhat prior to occupying the fat:i[iticS P[DPDsod, [ or
my agents, will obtain a certificate of pecttpancy as accessary. I also understand That Vwe miry be ruqulred to provide all as-buiit
survey by a J icenstd land surveyor of all newt y cote ttucted futilities prior to iss uance,of a retrti Ficate of occupancy
t h veread and agree to Elio abmo e,
r�r�sx.4o
St EA tic Liam [Appticari E�amsigrte a'+ +,
, w'
Signano[Agent] Print game(Agertt) Date signed
Page 7
f
Sh art En viranni en tal Assessm ent Form
Part I - .project Information
Instructions for Completing
Part I-Project Ioforrnatlom The applicant or project sponsor is responsible for the completion of Part X. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification_
Complete Part I based oii in formation currently available, if additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item,
Part I -Project and Sponsor Information
Name of Action or Project:
I - ,
Project Location(describe,and attach a location map):
E-04 d
Brief Description of Proposed Action:
II gA- . II q-A ole
Nu= of Applicant fir Sponsor: Telephone: a 91
[{
_T� iry 1
Address;
city/Po; State. Zip Code,
1. Does lite proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YFES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the env ironnmentul resources that ❑
may be affected in the municipality and proceed to Part 1 If no,continue to question 2_
2. Does the proposed action require a permit,approval or funding from arty odter goo entmenral Agency? NO 1F
if Yes,list ar ncy(s)name and permit or approval:
3_a_Total acreage of the site of the proposed aeiion? acres
b.Total acreage to be physically dimrbed? acres
c.Total acreage(project site and any contiguorts properties)owned
or controlled by the applicant or project sponsor? acres
4_ Check all land uses that occur on,adjoining and near the proposed action.
[]Urban ❑ltural (non-agriculture) [:]industrial Mcommexcial [Residential(suburban)
❑Forest ❑Agriculture ❑Aquatic 00ther(specify),
❑Parkland
Pagel d3
5. is the proposed action. NO VES N/A
a.A permitted use under the zoning regulations? ❑ ❑ ❑
b_Consistent with the adopted o=prthensive plan?
6, is the proposed action consistent with the predominant character of the existing built Or nalural NO YES
landscape? ❑
IX
7, is the site of the proposed action located in,or does it adjoin,a slate listed Critical Enviromnental Arca? NO YES
If Yes,identify: ❑
j 0
8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
_ F-1-
b-
b_Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? T9--1J-
9-
9_Docs the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design feamms and technologies= ❑
7.
10. Will the proposed action connect to an existing publiclprivate water supply? 110 YES
If No,describe method for providing Wable water ❑
1 l_Will the proposed action connect to existing wastewater utilities? NO YES
If No.describe method for providing wastewater treatment: ❑
12_ a.Does the site contain a structure that is listed on either the State or National Register of Historic N O YES
Places? ❑
b. is the proposed action located in an archeological sensitive arca?
I
13. a.Does aay portion of the site of the proposed action,or lands adjoining the proposed action,contain -00 VF
wetlands or ocher waterbod ies regulated by a federal,state or local agency? ED ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? r7lWi ❑
If Yes,identify the wetland or watcrbody and extent of alterations in square feet or acres:
14_ identify the typical habitat types that occur on,or are liktly to be found on the project site_ Check all that apply:
❑Shoreline ❑Forest ❑Agneulturat/grasslands ❑Early mid-successional
0 Wetland ❑Urban § x,uburban
15_Docs the site of the proposed action contain any species of animal,or associated hob i#ats,lisRed NO YES
by OF,State or Federal government as threatened or endangered ❑
16. is the project site located in the 100 year flood plain? 10 YES
17. Will lite proposed action create storm water discharge,either#'ram point or non-point sottroes" O YES
If Yes,
a_ Will starrn water discharges How to adjacent properties? ❑NO OYES
b. Will storm water discharges be directed to establisbed conveyance systems runoff and stone dmins)?
IfYcs,briefly describe; LJNO ❑YES
Page 2 of
I S. Does the proposed action include construction or other activities that result in the in*poundrnent of R` YES
water or other liquids (e.g. rerention pond,wane lagoon,darn)?
If Yes,explain purpose and size; _
19.Has the site ofthe proposed action or an adjoining property been the location of an active or closed NO YES
solid was[c management facility?
If Yes.describe; IJ
20_ Has the site of the proposed action or an adjoining property been the subject ofromcdiation{Ongoing or NO YES
cornp[eted)for hazardous waste?
If Yes,describe: n
I AF F114 I THAT THE INFORMATION PRON°11UD ABO'VT IS TRUE AND ACCURATE TO-7HE BRST OF MY
KNOWLEDGE
Applicant/sponsor name: { Date:
Signature:
PRINT FORM Pap- 3 of 3
Agency Use Only IIfapplicable]
Project,
Yate:
,short Environmental Assessment For
Part 2 - Impact Assessment
Part 2 Is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the infonttation contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer_ When answering the questions the rcriewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No, or Modem
srnall to large
impact impact
[my may
allUr occur
1. Will the proposed action create a material conflict with an adopted land use plan or 7.ouing ❑
regulations?
2- Will the proposed acti on result in a change in the use OF intensity o f use of land'? ❑
3. Will the proposed Taction impair the character or quality of the existing community? � ❑
4_ Will the proposed action have an impact on the environmental 6ftractrrisfics that caused the ❑
establishment of a Critical Environmental Arca.(CEA)?
5_ Will the proposed action result in an advem change in the existing level of traffic or
affect existing i nfrastructure for mass transit,biking or walkway? ❑
6_ Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7_ Will the proposed action impact existing-
a.public I private water supplies?
b,pubi is/private wastuvater treaamew utilities? ❑
S. Will the proposed action impair the character or quality of important historic,archaeological, ❑
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g„wetlands,
waterbodies,groundwater,air quality,flora and fauna)? ❑
]tl_ Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑
ptcblerns?
] I_ Wi I I the proposed aactioa create a hazard to en A rvn mental resources or human health? ❑
PRINT FORM Page 1 oft
Age Use Only [if applicable�
Project*
Date-
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was miswered"moderate to large impact may occur",or if there is a need to explain why a
particular clement of the proposed action may or will not result in a significant adverse environmental impact,Please
complele Part 3_Parc 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
detennined that the impact may or will not be significant_Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude_ Also consider the potential for shorn
term,long-term and eumulativr impacts.
❑ Check A is box if you have detern a ned,bossed on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or marc potentially large or significant adverse impacts and an
evvir+onmental impact statement is required.
Check tlu s box if you have determined,based on the information and analysis above,and any supporting documentation,
that the propomA action will not result in any significant adverse environmental impacts_
Name of Lead Agcncy Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
S ignatt=of Rcsgonsible Offictr in Lead Agency Signature of Preparer(if differ nt from Responsible Officer)
PRINT FORM Page 2 of 2
awn xWRy HAEV CIU , YCLERK
� X615
s PAMELA J. VOUL
4
Receipt
Receipt Date: 08/01/2017 09:55:53 AM i DDCuMENT TOTAL. ----> $210.00
RECEIPT # 2017439355 i
i
Recording Clerk: LE Receipt summary
cash Drawer: CA5H2 TOTAL RECEIPT: ---- 54525.00
Reed Frm: LEMERY GRIESLER LLC TOTAL RECEIVED! S4525.00
Reed In Person
CASH BACK: -- $0.00
Instr#. 2017-5224 Rk/Pg: 5599/271
DOC: DEED I PAYMENTS
DEED STAMP: 1 Check # 7052 -> $4525.00
OR Party: RC6F NEWCO LLC - LEMERY CRIESLER LLC
EE Party: AVIATION H05PITALITY LLC
Recording Fees
Cover Page $5.00
Rec�nrding Fee $35.00
Cultural Ed $14.25
Records Management - county 51.00
Records Management State 54.75
TP584 55.00
RP5217 - County $9.00
RP5217 All Others - State $241.00
'transfer Tax
Transfer Tax - state $4000.00
DOCUMENT rtp7AL: ----> $4315.00
Instr#: 2017-5225 Eik/Pg: 5599/275
DOC: ZASEfAENT
DEED STAMP: 2
OR Party: PCGF NEW CO LLC
EE Party: AVIATION HOSPITALITY LLC
Recording Fees
Cover Page $5.00
Recording Fee $180.00
cultural Ed 57.4,25
keCer'ds Management - County $1.00
Records Management - state 54.75
TP584 55.00
Transfer Tax I
Transfer Tax - State 50.00
1340 gtve Rowe 9,Lakc Gcogc,New York 12545 Phone 9(518)761-6494
�Y
Roca ac!a Rek"TO:
► reg DUPLICATE
' Cham�.Durres.%Eaq.
N BMW at
AWGIV. ORIGINAL
ARGArNA D SALE DEED WITH CO VENANT AGAINST-,-S'
jGRANTOR'S ACTS AAD LIEN CO MNA NT
THIS I D NTUR ' made the of July, 2017
between
PCGF NEWCO, LL.C., a New "York Iirnited liability company having its
principal office at c/o. Pyramid Management Croup, inc., 4 Clinton Square,
Sracuse,'NeYork 13202-1078
Orantor,
and
AVIATION HOSPITALITY, LLC, a New York liu itad liability company
having asr address at 636 route 146A, Cli an Park, Nffw NewYork 12065
Grantee,
N'ITNESSE`?H, that the Gnmior, in consideration of One, Dollar and other valuable
consideration paid by the Grantee, does hereby grant and release unto the Grantee, the Heirs or
successors and assigns of the Grantee forever,
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Queensbury,
County of Warren and State of New York, being on the southerly side of NYS haute No. 254
also known as Aviation Road, and being more particolady boiuided and deseribed on Schedule A
attached hereto and incorporated herein by reference.
TOGETHER WITH THE RIGHTS AND )BENEFITS, AND SLTI3.TI CT TO THE
BURDENS AND OBLIGATIONS, set forth in that certain "Easement and Site Development
Agreement with Covenants, Conditions and 1 estricticne of even date herewith entered into b
and between Grantor and Grantee to be recorded in the Warren County Clerk's Office
contemporaneously herewith.
TOGETHER WITH AND SUBJECT TO casements, covenants and restrictions of
record.
BEING intended to describe and convey hereby a portion of the premises conveyed to
Grantor by Pyramid Niall of Glens Fans NE CO, DLC by deed dated as of October 14, 2,010
and recorded in the Wan-en County Clerk's Office on December 10, 2010 as Instnunent No.
2010-OOD08445.
TOGETHER WITH all right, title and interest, if any, of tkie Grantor in and to any
sheets and Toads abutting the above-deseribed premises to the center lines thereof;
1
TOCxE'UER WITH the appurtenances and all the estate and rights of the Grantor Fa
and to said premises;
TO ,SIAice' AND TO HOLD the premises herein granted unto Grantee, the hairs or
successors and assigns of Gi'arxtee forever.
AND Cmatoi covenants that Grantor has not done or suffered anything whereby the said
premises have been encumbered in any way whatever, except as aforesaid.
AND the Grantor, in compliance with.lection 13 of the Lien Law, covenants that the
Grantor will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fiurxd to be applied first for tho purpose of paying the cost of the
improvement and will apply the same first to the payment of the cast of the improvement before
using any part of the total of the same for any other purpose.
The words "Grantor" and "Grantee" shall be construed to read in the pluM whenever th?.
sense of this Gleed so requires.
LN WITNESS WHEREOF, the Grantor has duly executed this deed as of the day and
year first above written.
PCGF NEWCO,L.L. .,
s New York limited liability company
By. Pyramid Comparky of Glens Falls,
a N Yo k gen al parwarship,
its sole ber d manager
By:
N=4- Bri e A.Kenan
T-Itt • 1Vlerr�ber of Executive Committee
STATE OF NEW YORK )
COUNTY OF ONONDAOA, ss..
On the —25- clay of X4 in the year 2017 before rue, the undersigned, personally
appeared ARUCE A. KENS. personally known to me or proved to me on the basis of
satisfactory evideace to be the individual whose n 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
instrwnent, the irndividual, or the person upon behalf of which the individual acted, executed the
instiurnt. P4 A 0
N`oary P is
CRYSTALJ.Ur DER
2 NotM public,51210 OF New Wrk
Na,OIMMIMM
Quali rred 3n Onondaga oounV
cmrniss n Expires rebnmy%20
SCHEDULE
All that piece or parcel of land situate in the Town of Queensbury, County of Warren and the
State of Now York, bounded and described as follows:-
Commencing at a point located along the southerly line of Aviation load as appropriated in
1496, said point being the interseetiara formed by said southerly line of Aviation Road with the
division line between the lands now or formerly of Queensbury Diner, LL (Boob 4368, Page
183) on the west and the lands now or formerly of PCOF Newco, SLC (Book 4143, Page 23 6)
on the oast; thence from said paint of commencement and along said division line, the following
five courses; 1) South 06022'00" gest, 125,64 feet to a point; 2) North 831138'00" West, 12.00
feet to a point, 3) South 06°22'00" West, 27.12 feet to a paint; 4) North 8202010011 'West, 57,24
feet and 5) S,,tb 06c'03'00" West, 244,68 feet to the point of beginning; thence from said point
of beginning and through the aforesaid fiLnds of PCFG Newco, LLC, the following tvm courses:
1) South 83*57104" East, 35.95 feet to a point and ) South 10°25'40" East, 394.42 feet to a
paint; thence in a westerly direction and along the lands of Aviation lull Newco. LLC (Book
4143, page 246), South 51"30'20" lest, 268.85 feet to a point; thence in a northerly direction
and along Interstate 87, Adirondack Northway, Forth 07°46'20" West, 583.71 feet to a point;
thence along the aforesaid first mentioned division Fine, South 83°57'00" Bast, I83.24 feet to the
point or place of beginning.
Containing in all 2.50 acres of land being more or less
sACDS SU`eedsTCOF NEWCO LLC Sale to Aviation Hospitality B&S Detd.dac
3
Saar+xUL A 'At Y.�.x N C �YC E K
o- S`9 411
PAMELA J.VOSEL
Receipt
Receipt Date: 08101/20 .7 09:55:53 AM 00CUMENT TOTAL: $210.00
RECEIPT * 20717439955
Recording Clerk, LIR I Receipt summary
Cash Drawer: CA5H2 TOTAL RECEIPT: ----> $4525.00
Recd Frm: LEMERY GRIESLER LLC TOTAL RECEIVED: ---- $4525.00
Recd In Person
GASH BACK:
Instr&: 2017-5224 Bk/pg: 5549/271
DOC: DEED PAYMENTS
DEED STAMP; 1 � check 0 7052 -> $4525.00
OR Party: PCGF NEWCO LLC i LEMERY GRYESLER LLC
EE Party; AVIATION HOSPITALITY LLC
i
Recording Fees
Cover Page $5.00
Recording Kee $35.00
Cultural Ed 514.25
i
Records Management County $1.00 i
Records Management - state 54.75
-rPS84 35.00 P
RP5217 - County 39.00
RPS217 All others State 5241.00
Transfer Tax
Transfer rax - State 54000-00
DOCUMENT TOTAL.: ---- 54315.00
instr#: 2017-5225 ak/Pg: 5599/275
DDC: FA5EMENT
DEEi) STAMP: 2
OR Party: PCF NEwCO LLC
EE Party: AVIATION i- 5PITALITY LLC
Recording Fees
Cover Page 55.00
Recording Fee $190.00 1
Cultural Ed $14.25 i
Rerflrds Management - County $1.00
Records Management - State 54.75
TP584 55.00
i
Transfer Tax j
Transfer Tax - State W.00
i
1340 Statc Raulc 9,Lake Gepr8e,N-cw Yori- 12545 Prone#{51$}761-6484
Retford&Red,rm To:
CerrtkmS00 1389W. uffusler 1. DUPLICATE
` �B.Dumas,�4, _
ft
.r r 7 ORIGINAL
R R AINAND SALE DEET) ] ITHCOVENANTAGAINSPI
GR4NTOR'S A CTS AND LIEN CO VENANT .7
THIS IADENTUAB, made the y of,duly, 2017 -
bp ��y {� -
r,V F,t iJ L:.• - T F
PCGF NEW O, L,L.C'., a New York limited liability tympany having its
priTmipal office at c/o Pyramid Management Group, tic., d GiintmFi Square,
ymouse,'New York 13202-1078
Grantor,
aad
AVLATION HOSPITALITY, LLC, a New York limited liability company
having an address at 636 Route 146A, Clifton Park,New"`fork 12065
Grantee,
i ITAWSLSETH, that the Grantor, in consideration of One Dollar Md other valuable
consideration paid by the Grantee, does hereby grant and release unto the grantee, the heirs or
suocessors and assigns of the Omtee forever,
ALL THAT TRACT OR PARCEL OF LAND, situate in the T'ovm of Queensbury,
County of Warren and State, of New York, being on the southerly side of NYS Route No. 254
also known as Aviation Road, and being more particularly bounded and described on 8dhedule.A
attached hereto and incozporated herein by mferezue.
TOGETHER WITH THE RIGHTS AND BENEFITS, AND SUBJECT TO THE,
BURDENS AND OBLIGATIONS, set forth in that certain "Easement and Site Developm,era
Agreement with Covenants, Conditions and Restrictions' of even daw herewith entered into b
and between Grantor and Grantee to be recorded in the W=err County Clerk's Office
contemporaneously herewith.
TOGETHER WITH AND a'UBJE CT TO easements, covenants and restrictions of
record.
13EING intended to describe and convey hereby a portion of the prernh s conveyed to
Grantor by Pyramid Mali of Glens Falls NEWCO, LI.O by Gleed dated as of October 14, 2010
and recorded in the Warren County Clerk's Office on December 10, 2010 as Instrument No.
2010-00008445.
TO ETIMM WITH all right, titic and interest, if any, of the Grantor in and to any
streets and roads abutting the above-described premises to the center lanes then f;
1
TOCETHER WITH tine appurtermn ms and all the estate and rights of the Crantor in
and to said premises;
TO IL4 FE AND TO HOLD the premises herein gran#ed unto Grantee, the heirs or
successors and assigns of Grantee forever.
AND Grantor covenants that Grantor has not done or suffered anytHng vw+hemby the said
premises have been encumbered in any way whatever, except as aforesaid.
AND the Grantor, in compliance with Section 13 oftbe Lien Law, covenants that the
Grantor will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to he applied First for the purpose of paying the cost of the
improvement and will apply the sa=first to the payment of the cost of the improvernea before
using any part of the total of the sa= for any other purpose.
The wards "Grantor" and "Grantee" shall be construed to read in the plural whenever the
sense of this deed so requires,
jTN x'11 ES`S T3'I EREOF, the Grantor has duly executed this deed as of the day and
year first above vrritten.
PCGF NEWCO,LL.C.,
a New York lirnited liability c�rnpany
By: Pyramid Comparty of Clens palls,
a Newi5!!
rtnership,
its SO ilS6r
N e A. Kena.n
7itl : iCemher of Eceautiveonmi#tee
STATE OF NEW YORK }
COUNTY OF ONONDAGA ) ss.:
On the � day of �t in the year 2017 before me, the, undersigned, personally
appeared BRUCE A. KC A1Ypersonally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose rnarne is; subscribed to the within instmment and
aGknowledged to me that he executed the same in his capacity, and that by his signature on the
instrwxrent, the individual, or the person upon behalf of which the individaial acted, executed the
instrument, ro-4
'o ary P f1c
CRYSTAL J.MEQEFR
At ZY pubirc,State ut Raw York
Mu,01ME6;R170fi8
Ouol5ad in Onondaga County
Cnrrunissiare Expires February 0.24K
Record LemM tGrsl I DUPLICATE
Chades B.Duma%
50 ewer sr. ORIGINAL
Albany.NY 122
E A S F-1?4 E NT AND SITE DEVEL0PKENT AGREE KEN T WITH C0VL',1*IANT$
CONDITIONS AND RE,STRICnONS
THIS EASEMENT AND SUE DEVELOPMENT AGREEMENT WITH COLI, °ANTS,
CONDITIONS AND RESTRICT)ONS (titre"Agreement') is made and entered into as of this _ play
of July, 2017, by and between PCOF NEW CO, L.L.C., a New York limited liability company, having
an office c/o Pyramid Management Croup, LLC, 4 Clinton Square, Syracuse, New York 13202-1079
(together with its successors and assigns, "PCOP") and AVIATION HOSPITALITY, LLC, a New
York limited liability company, having an office at 636 Route 146A, Clifton Park, Nil w York 12055
(together with its successors and assiglis,"AHLLC 1).
KEIT
A. PCF is (lie owner of the following, unimproved real property looted in the Town of
ueensbiciy, Counry of Warren, State of Nm Yoi-L (1) Tax Pamel Nol 302.5-1-96-1 (titre"PCGF
Poxcel I"), and ( ) Tax Panel 302.5-1-93.1 (tile ' QGF Parcel 2"), ill each case, a5 shown on
copies of the Town of Queensbut tare snaps attached hereto as Exhibit A.
B, AHLLC is, as of the date hereof, purrba5i1i¢ a portion of the PCOF Parcel 1 containing
approximately 2.5 acres, shown as Lot 1 on that cextain map entitled "Lot Line Adjustment Plan
of the Lands of PCGF Newoa, L.L.C." made and prepamd by Ausfeld & Waldruff land
Surveyors LLP, dated Mairh 6, 2017, Inst revised July 22, 2017 (tile "Lot Line Adjustment
Mar?'), to be filed in the Warren County Clerk's Office contemporaneously with #Ile recordil3-of
this Agreement(the "AHL-LC Pani", with the remainder of the PCOF Parcel 1 being refen-ed to
herein as the "PCOF Remainder arcel"), together with all of PCO F's right, title and interest ire
and to all hereditaments, easements, rights of way, drives and appurtenances belonging,or in any
way pei#aining to the AHLLC Parcel, The. PC OF RernalPider Pa=l and the PCOF Parcel 2 is
shown as Lot 2 on the Lot Line Adjustment Map and shall be referred to collectively herein as
the "PCOF Parcels'; and the PCOF Parcels and the AHLLC Paiwl shall be collectively refeiTed
to Herein as, the "Parols"- Metes and Bounds property descriptions for Lot 1 and Lot 2 are
attached Hereto as Exhibit D.
C. AHLLC is rerluired to develop the AHLLC Parcel as a ]Niton liorne2 Suites hotel.
D, The parties heivto desire to establish certain easements, covenants, conditions and restrictions
with respect to the development, use and operation of the AHLLC Parcel, on thee [erms acid
conditions hereinafter set forth.
NOW, THEREFOM in consideration of tile fog-egoing and of the covenants herein contained,
and other good and valuable consideration, the receipt and legal sufficiency of which aire hea�eby
acknowledged, FC:G F and AHLLC, intending to be legally bound, here$y covenant and agree as Follows,
AGREEMENTS x
r.�
' fir• - w
1. Definitions. For purposes hereof: '
_j
(i) The t,erin "Owner" or "Own ers shat l mean PCGF (as to the PCOF Parcels)±acid A3•ILLC
(as to the AHLLC Parcel) and any and all successors, assigns, or ground lessees of.skich pgrsog5 as the
owner or owners of fee simple title to all or any portion of the reaI property covered:hereby, whether by
iLG 001TM40 1 )
sale, assignment, inheritance, operation of law, trustees sale, tax sale or fot-eclosure. In the event P C'il"
se1Is all or any portion of its Parcel(s) during the term hereof, PC0F sliall have the i`ight, by notice to
AHLLC,to designate who shall be its successor under this Agreement(the"PCGF Approving Party")for
the purpose of(i) granting or denying any and all consents and approvals hereunder, andfoy (ii) snaking
any and all decisions hereunder, including without limitation, any decisions to amend this Aly- ement
(collectively, "PCGF Aotions'j. The PCGF approving Warty shall have sole and absoltite discretion to
take the PCGF Actions on behalf of all parties holding an interest in the PCGF Pamel(s) or portions
thereof being sold and such parties shall be conclusively bound thereby.
(ii) The tea`i7t "Permittees" shall mean, collectively, with respect to any Owner, such
Owner and its licensees, assignees, grantees, tenants, subtenants, and concessionaires, and their
trespective officers, directors, employees, agents, contractors, customers, vendo», suppliers, visitors
and invitees, and, in addition to the foregoing, solely with rp, l ct to PCGF, FMC;;FN (hereinafter
defined) and PMCIFN's licensees, assignees, grantees, tenants, subtenants, and concessionaires, and
their respective officers, director, employees, agents, contractors, customers, vendors, suppliers,
visitors and invitees.
(iii) The tetln "Sine Plan" shall mean the Final Site Plans of the Parcels prepamd by Boller
En-izt=ina, and C.T. Male Associates as approved by the Town of Queensbury Planning Board (the
"]Manning board°'} on Jul} 18, 2017 and Afly 25, 2017, respectively, which plans and approvals are
enumerated in ) h bj and by reference air,made a part hereof.
2. Construction ofRoadway_. 3ntct0-
(i) Route 254 Connector`. Alq[,LC agrees that, as soon as reasonably practicable after die
date hereof, AHLLC shall at AHLLC's sole cost and expense, and in accordance with the Site Plan and
the approval by the Planning Board, construct a connector road (tile "[route 254 Connector'} over a
portion of the PCGF Remainder Parcel for the per se of providing titiI ities and pedestrian and vehicular
access to the AHLLC Parcel and the PCGF Parcels by connecting the AHLLC Parcel with Ratite 254. To
the extent not inconsistent with the approval of the S ite Pari by the Planning Bomrd,all natters relating to
the planning, engineering, construction, final location, use, access, operation and rnainteilance of titre
Re Lite 254 Connector shell be subject to the review and written approvaI of PCGF.
(ii) Ring Road Connector. PCGF agrees that PCO F` shall, at PCG F's sole cost and expense
and in accordance with the Site Pian and the approval by the Planning Board, construct a connector road
(the "Ding Road Connecto ') within one hundred eighty (180) days after AHLLC receives a building
permit for and commences construction on the AHLLC Parcel over a portion of the PCG F Parcels for the
purpose of providing}pedestrian and vehicular access between the Parcels and the ring road ("Ring Road'I
servicing the enclosed mall shopping center corn mon ly known as"Aviation Khali"owned by Pyramid MaII
of Glens Falls Newco, LLC ("PMQ. ati affiliate of PCGF. To the extent not inconsistent with the
approval of the Site Plan by Elie Planning D=A, all inatters relating to the planning, engineering,
conslmctioa, final location, use, access, operation and maintenance of the Ring Road Connector shall be
subject to the review and written approval of PCGF in its sole discretion.
3. Easements. Maintenance and I ndepnification Ob1i ptions for]Joadmmy Conner,3011.
(i) Qtunt of Easements. Subject to any express conditions, ]imitations or reservations
container) herein, PCGF acid AHLLC agree that the AH LLC Parcel, and the Owner and Permittees of Elie
Owner of the AHLLC Parcel, shaI l be benefited by the fallowing casements which are hereby imposed
upon the PCGF Panels and all present and f there Owners and Perin ittees of the PCG F Parcels'
fLG 00179510 1 1 2
(1) PCGF hereby g,mnts and convuys to AFILLC and to the Permittees ofATALLC,
a lempomry right and easement to eiwer upon the PCGF Parcels far the purpose of staging, colrstructing'
and completing the construction of, the Route 254 Conaeector as described in paragraph 2,1 above, tite
Hornet Hotel as contemplates] by paragraph 5(ii) below, and the utility facilities described in paragraph
3(i)(4) below. Upon such completion of construction of such irnproveinents, the temporary easement
granted pursuant to this Section 3.1(a)shall terminate, and shall /rave no further force and effect_
(2) PCOF hereby giants and conveys to AHLLC and to the Perin ittees of A HLLC,
upon AHLLC's completion of construction of the Ronte 254 Connector, non-exciusive perpetual
easements, in common with the rights of use of PCGF and the Pennirmes of PCGF, upon, over, and
across the Route 254 Connector, as shown on the Lot Line Adjustment Map, for pedestrian and
vehicular access, ingress and egt-ess to and from Route 254 from and to the AHLLC Parcel, to
construct, maintain and repair utility facilities of any kind and nattim including, but not limited to,
electric, gas, stea in,water, storm drautage, telephone, fiber optic cable, cable television, together with the
right of ingress and egress for such purposes, and to install, repair, and/or replace a sign or signs in
accordance with Section 6 Herein, over the easement areas described in the pi-operly descriptions
attached hereto as Exhibit D, provided, however, that such easement. is subject to all encumbrances
(other than liens), adverse claim and other matters, if any, appearing in the public recoixl, including but
without ]imitation, any mservation, offer or dedication to the Town of Queensbury for rise as a public
road. PCGF shall have the right from time to time to relocate the Route 254 Connector, provided that 0)
such relocation wilt be at the sole cost and expense of PCGF, (ii) the points of ingress and egress to and
from the AHLLC Parcel from and to Route 254 will remain substantially the saine, (iii) there shall be no
interruption of the use of the Route 254 Connector while relocation work is performed, (iv) such
relocation shall be subject to the approvaI of the govarnmental agencies having jurisdiction and the wark
shall comply in all respects with applicable codes, rules and regulations. if the governmental approval Of
the proposed relocation rrmaterially and adversely affects AHLLC's use of the Route 254 Connector as
relocated, then prior to making such relocation PCOF shaft use commercially reasonable efforts to appeal
the requirement to perforin same, and to the extent PCGF can achieve compliance with the requirement
through solm other commercially reasonable means that does not require such a mate'rially adverse
affect, PCGF sitali utilize such alternale ineans.
(3) PCGF hereby giants and conveys to AH LC and to the Permittees of A HLLC,
upon PCGF's conpiution of the Ring Road Connector, a nota-exclusive perpetual easement, in common
with the nights of use of and the Owner aad Nnnittees of the Dwaer of the PCOF Parcels, over tate Ring
Road Counector, batinded and described as set forth in tite property description attached limto as
Exhibit E, for providing pedestrian and vehicular access, ingress and egress upon, over and across the
Ring Road t}rrnector, and to install, repair, and/or replace a sign tri signs in accordance with Section 5
herein, prim-ided, however, tlxat such easement is subject to all ev=brances (other than liens),
adverse claims and othf--r matters, if any, appearing in the public recoL)d. PCOF shall have the right from
time to time to relocate the Ring Road Connector, provided that(1) such relocation will be at the sole cost
and expeltse of PCOF, (ii) the poi pits of ingress and egress to and from the AHLLC Parcel from and to
Ring road w i I I remain substantial ly the saline, (iii) thele shall be no intenuptivn of the use of the Ring
P
oad Connector while relocation work is performed, (iv) such relocation shall be ssibjeut to the approval
of the governmental aguncies having jurisdiction and the work shall comply in all respects with
applicable codes, rules and regulations. If the governmental approval of the proposed relocation
materially and adversely affects AHLLC's Use of the Ring Road Connector as tvlocated, Ellen prior to
making such relocation PCGF shall use commercially reasonable effoa'ts to appeal the requirement to
perform same, and to the extent PCGF can achieve compliance with the rtiirement through spine other
i LG 001 M4 0 I I -j
cominercially reasonable ITieanS that does not require such a materially adverse affect, P CC F shall utilize
such alternate means.
(4) POC'ai* hereby giants and conveys to AHLLC and to the Permittees of AHLLC,
non-exclusive peipetual easements to construct, maintain and repair utility facilities of any kind and
nature including, but not liinited to, electric, gas, steam, water, storm drainage, telephone, fiber optic
cable, cable television, topther with die right of ingress and egress for such purposes an, across, and
beneath diet portion of the PCGF Parcels that is bounded and described in the propeity descriptions
attached hereto as Exhibit F. AHLLC agrees that, in the exercise of its rights granted and C(:NlV yed in
this Agreement with iespeet to the utility "seinent areas No. 2 and No. 3 described in Exhibit F and the
utility easement area No. I described in Exhibit D, AHLLC will use coin Lnercially reasonable efforts not
to interfere with the conduct of business on the PCOF Parcels by PGOF or its successors andfor assigils.
(5) PCGF reserves the right to relocate any of the utility easement areas shown on
the Lot Line A4justment Map acid described as Utility Eamnem No. 1 in Exhibit O and Utility Ease era
No. 2 and Utility Easement No, 3 in Exhibit )r, provided that (i) such relocation will be at the sole cost
and expense of PCGF, (ii) the easernunt areas as t�elocated shall continue to have a point contiguous to a
boundary of the AHLLC Parcel, (iii) there shall be no inter-i7tption of the utility Service($)to the AHLLC
Parcel while i-elocation work is perforined, (iv) such relocation shall, if required, be subject to the
approval of the governmental agencies laving jurisdiction and the work shall comply in al i-espects with
applicable codes, rules and regulations.
(ii} Roadway Maintenance.
(1) PCGF shall be responsible for maintaining the Rout, 254 Connector and the
Ring road Corinecter in good order and repair. The maintenance obligations of PCOF shall include,
without l im nation, [lie following(collectively,the"Maintenance Obligations")=
(a) Maintaining the stirface in a level, sincoth and evenly-covered
condition with the type of surfacing rnateriai originaIly installed or such substitute as shall in all
respects be equal in quaIity, use and durability,
(b) Removing all papers, ice and snow, mud and sand, debris and refuse
to the extent reasonably rieces,5ahy to keep the area in a clean and orderly condition, using
commercially reasonable efforts to accommodate Home2 Hotel needs, such as time ly ice and snow
removal;
(o) Placing, keeping in repair and replacing any necessary appropriate
directional signs, inarkers and Iines;
(d) Operating, keeping in repair and replacing, when necessary, .such
ai#ificial lighting facilities as shall be reasonably required, and
(e) Maintaining, lnow[ng, weedin& trimming and watet•i1ig affl
landscaped areas along [lie Route 254 Connector and the Ring Road Connector and making
such replacements of shrtEbs amd other landscaping as is necessary.
(2) PCGF shall subin it to AHLLC a writteo statement far reiinbrirseineilt of llle costs
and expenses for the Maintenance Obligations performed by FCGF witli respect to the 254 Connector
andfor the Ring load Connector froin time to time, including, without limitation, costs of propp-ify
ilISAMIce {including deductibles), such staternent to be accompanied by itemized invoices marked as
ILG Do 179940 1 1 4
paid, cancelled checks or other reasonably detailed substantiation identifying such costs and expenses,
and AHLLC shall, within thirty (30) days after meeipt of such statement, vela r$ur'se PCGF for Stich costs
and expenses in on amount caletilated as follows: the total costs and expenses asset forth in the statement
fbi` mimbursement multiplied by the pi~rcentage that the grass square feet of all building improvements
on thv AHLLC Pair-el bears to the gross square feet of all bLL11ding iinproyements on the Parceis, plus an
administrative fee in the amount of 3%of the total amount due to PCGF from AHLL
{iii} I ndein nificati on. AHLLC shall indemnify and hold PCCI= hann less from and aggainst any
and all claims, liabifities and expenses (including n.-asonable attomeys' fees) relating to accidents,
injuries, Ioss or damage of or to any persoli or property arising Rom any use by AHLLC or its Permittees
of, or activity of AHLLC or its Perinittees, within the Route 254 Connector and/or the Rirlg Road
Connector, other`than those arising from or out of the negligence or willful iniscondnct of PCG F ar its
Permittees. PCGF shall indemnify and hold AHLLC Harmless from and against any and all claims,
Iiabilities and expenses (including reasonable attorneys' fees) relating to accidents, injrrries, loss or
damage of or to any person or property arising from any use by PCOF or its Permittees of, or activity of
PC F or its Permittees, within the. route 254 Connector and/or the Ring Road Connector, other than
those arising from or out of the negiigen ce or willful iniscondirct of AHLLC or its Permittees.
(iv) Maintenance of lira rovemeriM
(1) Until stich time as improvements aFe Corlstructed ou the A14LLC Pamel and the
Route 254 Connector and the Ging road Connector are consti-krcted on the PCGF Parcels, each Owner
shall inn iatsin its respective Pai'cel(s) in a clean and neat condition and shall take such measures as are
necessary to cont]-ol grass, weeds, blowin-dust, dirk, litter or debris_
(2) Each Owner shall at all bines during the term of this Agreement, at its sole cost
and expense, lnaintain, or cause to be maintained, the exterior of all buildings and all improvenatnts from
time to tune located on the its respective Parcel, in good repair, clean condition and free of trash and
debris mnd graffiti, i)--asonable wear and tear excepted_
(3) In the event of any damage to or destivetion of building on the AHLLC Panel,
AHLLC shalt, at its sole cost and expense, with due diIiganoe either (a) repair, restore and rebuild such
building to its condition prior to such damage or destruction (or with such changes as shall not confliot
with this Agreement), or (b) demolish and remove all portions of such damaged or destroyed building
then minaining, including the debris «esuiting therefi-oin, and otherwise clean and restore the area
of-ected by such casualty to a level, graded condition. In the event of a significant casualty to the route
254 Connector andfor the Ding]Road Cori nector that is outside of the scope of Section 3(1i)hereof, PCOF
shall, at its sole cost and expense, with due diligence, repair, restoire and rebuild the Route 254 Connector
and/or the Ring Road Connector, as applicable, to its condition prior to such damage or destruction dor
with such changes as shall not conflict with Zhis Agreement).
4_ Easements and Obligations for Utility Services.
(i) PCOF's Work. As soon as reasonably prnElcab le after" tbe, date hereof, PCOF shall, at
its cost ai3d expense, and in accord awe with the Site Plan and 111e approval by the Planning Board, bring
water, sanitary sewer, electrical service and gas service (collectively, the "UfilitY Services") to within
five (5) feet ofa boundary J ine of the AHLLC Parcel C PCCC's Work"). Ail other utilities, uncluding bort
without limitation, storm diair)age, telephone, cable and internet, with capacities sufficient For the
Permitted Uses (as hereinafter• defined) of the AHLLC Pal-cel shall be constructed and installed by
AIiLLC on the Al/LLC Parcel at AHLLC's sole cost and expense.
LLG 04179$40 1 ) 5
{ii) Grant of Easements, PCCF hereby grants and conveys to AHLLC and to the Permittees
of A HLLC, upon PC F's completion of PCG F's Work, a perpetual easeinent(s), in common with the
rights of use of PCOF and the Perinittees of PCOF, over, across and through those portions of the
PCF Parcels as may be reasonably required in order for AHLLC to operate, maintain, service, repair,
and replace connections to the [utility Services in order to provide such Utility Services for use by
AHLLC, or the tenant or occupant of the AHLLC Parcel, pi-ovided, that, al] work to be undertaken by
AHLLC shall be performed upon prior written notice to PCGF and to the provider of the specific utility
and so as not to unreasonably interfere with and rniahnize disruptions of the access to, use, occupancy or
enjoyment of the PCGF Pamels and any damage oorurring to any porion of the PCGF Parcels as a result
of any such work shall be the responsibility of AHLLC and shall be repaired by AHLLC, at AHLLC's
so]e cost and expense, to the same condi#ion as existed immediately prior to such damage pr()mptly upon
the completion of such work. Subject to Section 9(i i), any work of an iriva.sive nature shall be stEbject to
PC F's prior writte» approval, which approval may be conditioned upon reasonable ineasums being put
in place by AHLLC in order to 1niniinize interference with the PCGF Parcels,
5. Construction 0 bl igations. Onciatin g Covenant and Use Restrictions on the AH LLC Parcel.
0) General- The AHLLC parcel shall be used for [awful purposes in Conformance with all
ntstrictions imposed by all appIicable governmental laws, ordinances, codes, and regulations, and no use
or operation small be made,conducted or permitted on or with respect to all or any portion of the AHLLC
Parcel which is illegal.
(ii) Initial Construction and 0ocrating Covenant_ Promptly following the date hereof,
AHLLC shall, using goad faith efforts aztd with all diligence, irnitially constnEct on the AHLLC Parcel,at
its sale cost and expense, in a good and workmanlike manner and in compliance with all applicable
zoning, building and other codes, miles and regulations,only a 'HjIton Rerne2 Suites"hotel (the"Hoine2
}late[" or the "Contemplated Use", as the context requires) and shal[ continue to use the AHLLC ]?amel
exclusively as the Hemet, Hotel and for no.otheit purpose for a pgiod of not less than ten (1 U)years from
the opening for business of the Hoine2 Hotel (tlie"Oneratinj Period'.
(iii) Permitted Uses Follgwing Ex iration of er-ating Qgyee a t. Following the expiiation
of the Opeimting Period, AHLLC shall have the right to continne to operaE the Home2 Hotel or to
operate the AHLLC Parcel for another upper inidscale hotel use, a Seneral office use, For a medical office
use, for a casual dining restaurant (except that AHLT-C shall have no tight to operate an establishment
which has more than forty percent (401K) of its gloss sales derived fnam the sale of wine, beer or othea`
alcoholic beverages), or for a senior living facility, all in compliance with all then-applicable zoning
ordinances, and for no other use or purpose (th8 aforesaid uses and the Contemplated Use are referred to
collectively herein as the "Permitted Uses'l. It is "pmssiy agreed that no portion of the AH LLC Pai=I
AalI be used for retail purposes.
(iv) Proh1bited es. Without in any way limiting the foregoing, at no ti-ne shall the AHLLC
Parcel be used as any public or private nuisance; any noise or sound that is objeotionable due to
intennittcnce, beat, firqueucy, shrillness or loudness; any obnoxious odor; any industrial use; or any
drilling far atidlor removal ofsubsurface substances.
(v) Alan-rnte.krence. AHLLC agG-ecs that any constrEictioil work to be widertaken by it on
its Parcel shall be perfa»ned so as not to unreasonably htterfere with aotd minimize disrupticats of the
access to, use, occupancy or enjoyEnent of the PCGF Parcels or any part thereof_
(vi) Cans#ructioll_1t)dernEtities. AHLLC covenants and agrees to indemnify, defend, protect
t4G 00179844 1 11 6
and hoid harmless PCGF foi-, from and against all claims and all costs, losses, damages, expenses and
liabilities (including reasonable attorneys' fees and costs) incur -ed in connection with all clahns,
including any action or proceedings brought thereon, arising froin or as a result of any mechanic's liens,
Mop notices, or other• claims regarding materials supplied or work performed, or the dearth of, or any
accident, injury, loss or damage whatsoever caused to any natural person, or to the property of PCOF
(including, without limitation, the PCGF Parcels), as shall occur by reason of tilt performance of any
construction by or at the request of AHLLC.
6. Suns.. Each Owner may place such sign or signs on the, exteiioj` of the building(s) to be
constructed on its respective ParceI as shall be permitted by applicable govenimental miles and
regulations. In addition, subject to the,terms of this Agmement and any separate agreement between the
Owners, each Owner may place such freestanding signs on its Parcel as shall be pennitted by applicable
govemmeintal rules and mplations; provided, however, that any five-standing sign to be constructed on
the AHLLC Parcel shall be subject to the prior` approval of PCGF. Notwithstanding the foregoing,
however, if only a limited number of shared signs (a "Shared Sign", the "Shared Signs") is permitted by
the applicable governmental r6quirements the following shall apply, (a) the location(s) thereof shall be
mutual€y agreed upon as designated on the Site~ Plan; (b)each Owner shall have the right to use up to its
"Pro Rata Portion" of thP, Shared Signs). As used in dais Agreement; "Pro Rata Portion" shall mean the
percentage of the katal panel area on each Shared Signs}being available to each Owner being e=qual to a
fraction, the nuinerrater of which is the number of squame feet of build in ate$ on such Owner's Parcel,
and the denarnlnator of which is [lie number of square feet of building area of tenants or Owners who
have t13e right to use stick Shared SiSits; and (c)AHLLC's panel located on each Shared Sign shall be the
top-most panel of each Shared Sip- Any Owner shall obtain all appiicable govemmEntal approvals priof
to constructing any such Shared Sign, ]f any Owner elects to construct such harbd Siap
orn(s), it shall give
notice of such intention to the other Ovnier(s), and if any other Owner notiF1 es such Owner within suety
(6 0) days of its receipt of such not ice that it elects to be Included on the Shat Signs), then the Owners
shall cooperate in good faith to desiga the Shared Signs) and each Owner shall pay the cost of its panel
and a portion of the other oasts of such Shared Signs) equal to the relative poition of the panel areas
thereon which it elects to Ertilize, If AHLLC consti-acts the Shared Sign(s) and POOF does not-initially
elect to have panels) included thereon, PCGF shall not be requh-ed to pay any portion of the oast of the
Shared S ign(s); provided, however,that PCGF shall have the right to late=r elect to have panel{s) included
on the Shared Sign(s) and, upon PCOF's making such election, the PCGF shah reimburse AHLLC for
PCGF's Pro Rata Pomtion of initially conMructing the SlavedSign(s) plus any cost of Moving the then
existing panels to accommodate PCGF's panel, The cost of maintaining the Shamed Sign(s) shall be
allocated in the same manner as the cost of initial construction of the Shared Sign(s), except that each
party shall pay the cost of repairing or replacing its o��m } t3el. PCGF agrees to grant and convey to
AHLLC an e=asement in an area to be mutually agreed upon in the vicinky of the intersection of the Route
254 Connootor with Rotate 254 for AHLLC to construct and inaintain a monome>_nt sign, subject to
PCGF's approval of the sizer design and location cif such monument sign. If sucli a monrurient sign is
constructed, PCGF shall have the right to place a panel theiewi at PCGF's cost aid expense. Finally, as
pard of the const LICEOn of dIe Rikr¢ Road Connector, PCG F shall install appropriate onsite directional
signs identifying and directing vehicular and pedestrian traffic to the Home2 Hotel-
s. Parkins?. In addition to the L•eclairements contained in Section 5(i) above, the AHL-LC Pair-el
shall comp€} with all applicable governmental par=ing ratio requirements without taking into account the
palming provided from time to time oo [lie PCGF Panels, such that the AHLLC Parcel shall he self
sufl•lcient for vehicular parking. The size and number of parking spaces to be constructed on the AH UL
Parcel shall comply with all applicable codes, rules and regulations, and neither AHLLC nor ally
Perm€[tee of AHLLC shall have the= right to parr on any poll ion of the PCGF Parcels,
t[.0 00139841) r I 7
8. Insurance.
(i) Insurance Requirements. Each Owner shall keep and maintain policies of coanmerrial
general liabiIity insumnce against claims for bodily injury, death and prDperty damage oCCU]Ting upon,
in or about the Route 254 Connector and the ling Road Conptector, as well as any ether type of
insurance reasortably necessary to protect such Owner's interest therein. All insrumnce coverage
will be in arnotrnts commercially reasonable and as typically carried on similar types of properties
in tyle State of New York, but in no event less than such iasuratice to afford immediate minimum
protection with an occurrence limit of not less than Two Million Dollars ($2,000,000,00) in the
aggregate (the "MinhnLim Insurance Limit')_ Each insured Owner shall name as an additional insured
the other Owner Linder each such policy, and each insui-ed Owner shall provide to the other Owner a
certificate evidencing such coverage, and evidence of payment of the prerniuln thereunder to such
other Owner upon request. All such insurance shall be provided by responsible instnrance connpanies
authorized to conduct business in the State of New Yoit and having an A,M. Best's rating of A-VII or
better_ The Moi imtim Insturance Limit shall be increased on the fif h (5"') anniversary of the date bereaf
and on each fifth (50) anniversary thereafter during the terrn of this A¢racrnenl by multiplying die
Minimum Insurance Limit then in effect first, by the percentage (which shall in no event be less than
100%) found by dividing the Jndex (as defined below) for the sixtieth (606) month of the tern by the
Inden[forthe inonth in which the date hereof falls, and subsequently by the percentage (which sial] in 11a
event be less than 100%) found by dividing the Index for the one hundred twentieth (120") montli of the
MiTn by the Index for the sixtieth ( 0"') month of the term, and so on every five(5)years.
The"Index" for purposes of this Lease is defined to mean the "CPI for A]I Urban COM Lne s All
Items (CPI-Uy' 198 2-1 484=100 of the united States Department of Labor's Bureau of Labor Statistics m
effect and generally published for the calendar month to be used in the several computations of the
Minimum Insurance Limit set forth above. If the Index is no longer published, then another print, index
generally recognized as authoritative shall be substituted by PCGF.
(ii) IrndeinniCy._ AH ULC hereby indeninnifes and saves PCGF harmless from and aggainst any
and all claims and a]I costs, losses, damages, cxpenscs and liabilities (including reasonable attorneys'
fees and costs) arising from or in any way connected with any use by AHLLC or its Pennittees, of tine
Route 254 Connector and the DEng Road Connector.
. Remedies and Enforcement.
(i) All Leal and Equitable Remedies Available. In the event of a breach or threatened
breach by any Owner or its Permittees of any of the tcnmr , covenants, restrictions or w editions herein,
the other Owner sKai 1 be entitled Forthwith to full and adequate relief by injunction and/or a I I such other
available legal and egLiitab]e remedies from the consequences of such breach, including payment of any
amounts due anftir specific perfannance.
(ii) Selma . In addition to al other re�medies available at law or ill equity, upon the fail Lire
of defaulting Owner to cure a breach of this Agreement widiiii thiay (3 0)days following written notice
thereof by the other Vwnea• ►Ciile$$� with respect to any such breach the nattwe of which eaainot
reasonably be cued within such 3(1-day period, the defaulting Owner commences shell cure within sLich
30-day period and thereafter diligently prosecutes such cure to completion), any Owner shall have the
right to perforin such ob]igation contained in this Agreement on behalf of such defaulting Owner and be
reimbursed by sLICln defaulting Owner upon demand for the reasonable costs t]nereof, but not to exceed
the cost WhiCh such deF9LLlting ()WICF would have incurred if it had perfonned its obligation, togedler
,LG 4U479Sz40 I
with interest at the prime rate charged from tune to time by JP Morgan Chase Bank (its sktccessors or
assigns), pins five percent (5%) (ttiot to exceed the maximum rate of interest allowed by law).
Notwithstanding t[ie kregoing, in the event of(i) an emergejicy, (ii) blockage o1`material impainnent of
the easement rights, andlor (iii) the unauthorized parking of vehicles on a Par-cel, an Owner inay
immediately cure the same and be reimbursed by the other Cpwuer upon demand for the reasonable cost
thereoftogether with interest at the prune rate, plus five percent(51AX as above described.
(iii) RqFneZ1qs_Qqmu1at1ve, The retnedies specified herein are in addition to arty remakes
available elsewhere in this Agreement oo` under applicable law. Exercise of one remedy shall not be
deoined to preclude exercise of other remedies for tbee sarne default, and all t�elnedies available to an
Owner may be exercised ctimulatively-
(iv) No Termination For Breach. Notwithstaoding the foregoing to the contrary, no breach
hereunder shall entitle any Owner to cancel, rescind, or othm-wise terminate this Agreement. The
easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any
Owner of such Parcel covered hereby whose title thea-eto is acquired by foreclosure, trustee's sale, tax
sale or otherwise.
10. Term. The easements, covenants, conditions and restrictions contained in this Agreement shall
be effective commencing on the date set fvolh in the preamble of this Agmernent and shall remain in full
force and effect thereafter in perpetuity, unless this Agreement is modified, amended, canceled or
terminated by the written consent of tete then record Dwnels of the Pamels in accordance with Section
I l(ii) hereof.
11. Ivliscffllaneous.
(i) Attonieys' Fees. In the event a party institutes any legal action oi- proceeding for the
cnfoiwrient of any right or obligation herein contained, the prevailing party after a final adjudication
shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and
prosecution ofsttch action or proceeding,
(ii) Amendittetlt- The parties agree that the provisions of this A¢1-eeanent may be modified or
amended, in whole or in pail, or terminated, only by the written consent of the then record Owners of the
PCGF Parcels and the AHLILC Parcel, evidenced by a doctunent that leas been full+ executed and
acluio ledged by aF such irecnrd Owners and recorded in the official records of the Wai7ivm County
Clerk.
(iii) No Waiver. No waiver of any default of any obligation by any party hereto shall be
impiied from any omission by the other party to take any action with respect to such default.
(iv) leo Agency. Nothing in this Agivement shnII be deemed or c0t35trtLed by either party or
by any thfrd pep-son to create the relationship of principal and agent or of limited or general panners or cif
joint venturers or of any other association between the patties.
(v) Covenants to RtLn with Land. It is untended that each of the easements, covenants,
conditions, restrictions, rights and obiigations set forth heirein shal I run with the Diad and create equitable
servitudes is favor of the real property benefited thereby, shall bind every person having any fee,
leasehold or other interest therein and shall inure to die benefit of [he respective pailies and their
successors,assigns, heirs, and personal representatives,
If L43 4017M40 1 ] 9
(vi) Grantee`s Acceptance_ The grantee of any Parcel or any portion thereof, by acceptance
of a deed conveying title thereto or a ground lease leasing suds imerest there-under, whether from an
original party or from a subsequent owner of such Panel, shall accept such deed or lease upon and
subject to each and all of the easements, covenants, conditions, restrictions and obligations contained
heivin. By such acceptance, any such grantee shall for itself and its sniccessors, assigns, heirs, and
personal reps-esentatives, covenant, consent, and agree to and with the other party, to keep, observe,
campy+ with, and perform the obligations and agreements set forth herein with respect to the property so
acquired by such grantee.
(vii) Severability. Each provision of this Agreement and the application thereof to the
AHLLC Parcel and the PCCiF Parcels are hereby declared to be independent of and severable from the
remainder of this Agreement, If any provision contained herein shall be held to be invalid or to be
unenfomeable or not to run with the land, such holding shall not affect the validity or enforceability of
the remainder of this Agreement. Ownership of the PCGF Parcels and the AHLLC Parcel by the same
person or entity shall not tenninate this Agre=ent nor in any manner affect or impair the validity or
eafovecability of this Agreement.
(viii) Thne of Essence. Time is of the essence of this Agreemmit,
(ix) Entire Agreerr ent. This Agreement contains the complete understanding and agreement
of the parties hereto with inspect to all matters referred to hereit3, and all prior repicsentations,
negotiations, and understandings are superseded herby.
( ) Notices. Notices or other communication hereunder shall be in writing and sliall be sent
certified or registered mail, return receipt requested, or by other national overnight courier company, or
personal delivery. Notice shall be deeTned given upon receipt or refusal to accept deliver+_ Each party
may change frown tune to time their respective address for notice hereu»tier by like notice to the other
party. The notice addresses of the parties hereto are as follows:
L(MF: PCOF Newco,L.L.C.
odes Pyramid Management Grottp, LLC
4 Clinton SgLrare
Syracuse,New York 13202-1078
Attention: General CothilW
AHLLC; Aviation Hospitality, LLC
636 Route 146A
Clifton Parr New York 12065
Attention. Bhavik Jariwala
(xi) Govevains Law_ The laws of New `for€: State shall govern the interpretatloli, validity,
perfo[xnanae, and enforcement of this Agreement.
(xii) Estounel Oeitificatas. Each Owner, within thirty (30) days of its mceipt of a written
request front the other Owner, shall from tine to time provide the requesting Owner, a ceitifrcate binding
apon such Owner stating- (a) to the best of such Owner's knowledge, whether any party to this
Agreement is irn default or Aolation of this Agreement and if'so identifying such default or violation; aTid
(b) that this Agreement is in full force and effect arld identifying any amendments to [lye Agreement as of
[lye date of such
certificate.-LG 0k1 MA 1 l 10
(kill) Baukiuptcyr. In the event of any bankruptcy affecting any Owner or occupant of any
Parcel, the parties agree that this Agreement shall, to the maximuin extent perinitted by law, be
considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the
bankrupt person or entity.
(xiv) release. If AHLLC shall sell, transfer or assigi the AHLLC Parcel or its interest
therein, or if PCOF shall sell, ti-ansfer or assign the PCGF Parcel 1 and/or the PCOF Parcel 2 or its
interest therein, such party, as applicable, shall be released from its unai=ued obligations hereunder
from and after the date of suoh sale,transfer or assignment*
(xv) Excuse for Nan-Performance. Each Owner shall be excused from performing any
obligation or undertaking provided in this Agreeinen% except aay obligation to pay any sums of money
under the applicable provisions hiereof{unless such payment is conditioned upon geiforn7ance of any
obligation or` undertaking excused by this Section), in the event and so long as the performance of any
such obligation is pmvented or delayed, retarded or hindered by act of God, fire, earthgnake, floods,
explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage; inability to
procure or general shortage of labor, equipment, facilities, inaterials oi`supplies in the ordinary course on
the open market; failure ofnorinal transportation; strikes, loci-outs, action of labor unions; condemnation,
inquisition; laws, orders of governmental authority; inability to obtain governmental approvals or permits
despite the exercise of due diligence and best efforts by an Owner or any ather•cause, whether similar or
dissimilar to the foregoing, not within the ireasonable control of such Owner, other tltari the lack of or
inability to obtain funds.
(xvi) Mechanics' Liens. in the event a ineclumics' lien is filed against the PCOF Parcels as a
result of tate actions of AHLLC or its Permittees, AHLLC shall promptly, but in no event beyond thirty
(30) days following the filing date of such mechanics' lien, cause the inecilanics' lien to be fully
discharged of record, such that the PCOF Parcels shall no longer be a ktmbered thereby.
(xvii) Waivca of:i efay it, No waiver of any default by any OWTier shall be imp]ied from any
omission. by any Owner to take any action in respect of such default if such default continues or is
repeated. No express written waiver of any default shall affect any default or cover any period of time
other than the default and period of time specified in such express waiver. One Of more written waivers
of any default in the perf'or`mance of any term, provision or covenant contained in this Agreement shall
not be deemed to be a waiver of any subsequent default in the performance of the seine term, provision or
covenant or any Other term, proviM0a dl'covenant contained in this Agivement. The consent or approval
by aiiy Owner to or of any act or request by any other Owner requiring consent or approval shall not be
deemed to waive, or mender unnecessary the consent to or approval of alay subsequent or similar acts 01-
requests.
rrequests. The rights and remedies -'iven to any Owner by this Agreement shall be deemed to be
cumulative and no one of such rights and remedies shall be exclusive of any of the other's, or if any other
right or remedy at law or in equity which any sucli Owner might otherwise have by virtue of a default
under this Agreement, and the exercise of one such riglif or remedy by any Owner shall not impair such
Owner's standing to exercise any other`right or remedy.
(xviii) Jjfind Pay . Beneficial . l'COF and AHLLC acknowledge and agree that PMCFN and
its successors and assig'ns are a third party benefieiai'y and shall have the right to enforce #lie provisions
of this Agreement in the event either of the parties hereto shall Fail to perforin any of its obligations
hereunder.
(xix} Lieo Holder Sub rdination. PGF shall obtain a written consent and subordination from
the holder of any moifgage lien affecting the Parcels subordinating its lien to this instrument and the
€LC;0013e3aa 1 1 11
rights grained hereunder, which consent and subordination shall be didy recorded contemporancousiy
herewith in the Woi7'eil CO4Ljjty Clerk's Off ica-
Consent or Ap_nroval. Unless specifically stated herein as being in the sale discretion of an Owner, any
consent or �ippi7oval required by apt Owner hereunder shall not be 1 nvcasonabty withheld, delayed, Or
coiiditioncd.
O 1~URTHEIR TEXT QUI THTS PAGE, SIGNATURE PAQ E FOLLOW
LG 041798413 1 1 12
rN WITNESS WHEREOF, the pasties have exeuutcd this Agseemednt as of the date first written
above.
FCGF 1+EWCO, L.L.G. AVIATION HOSPITALITY,LLC
By: Pyramid Company of lens Falls,
its sole Mefier and ariager
By By:
Namt; Aruce A. icnan Nana: v a
Title- ember of Executive Cvnu ttee Title: Mara& ember
STATE OFNMYORK
}
COLNTY OF ONONDA A
On the day of A 2017, before nw, the un&e .&igned,a notary ptibk
in and for said &tate, pes rWl BRUCE A. RE Q# personally kwwn to me or proved to me on the
basis of satisfactory evidence to be the irldividtW(s) whose name(s)islaxe subscribed io the within instrument anal
acknowledged to rue that hclsbMh3ey executed the sarrlc in ]vslherltheir opacity(ies) and that by his(her/their
signatnro{s) on the incuument, the ialvi&nl(s), or the on(s) upon behalf of which the individual{s) acted,
executed;this insw mGlmt,
Notary Public RrsTnt 4MEDE9
tivtary Public,S:aie oC Ngw 1'brk
STATrEOF NEW YORK tao.
COUNTY OF l .0 rNssiQuaWm in�nar7EWIM o araY
On the A* t' :slay of 7,KW 20I7, before me,the uadersigned, a notary public
in and for said Stne, personally appeuea BHA TYK JAMLA WA personally kna m tome or proved Up Mo on
the basis of satisfactory evidence to bo the individual(s)whose names) iOm subw ibed to the within instrument
and acknowledged to me that he/awAhey executed the same in NA -c acityCies) and#,hat by B iOierftheir
signawrc(s) m the rnsfiurn t, the individuals), or the persons f which the individual(s) acted,
execrated this insuu mut.
Notary Public
100gf ppgl,JC,STATES OF FhVVCM
9 IN r-BW OCU9T'1
MuftcnMl
{LO 00177817 1 } h '
EXULDI Y`AA
(see attached)
, "DOI7"40 1 ; l G
EXHIBIT B
LEGAL DESCRIPTION
LO T XOO 7
Aviation Road
Containing 2.50 ao.es
All that piece or parcel of land situate in the Town of Queensbury, County of Warrrn and N,
State of New York, bounded and described as follows:
Commencing at a paint located along the, southerly Iine of Aviation Road as appropriated in
1996, said point being the intersection formed by said southerly line of Aviation Road with the
division line between the lands now or formerly of Quemsbury Diner, LLC (Book 4368, Page
183) on the west and the lands now or formerly of PCOF Newco, LLC(Book 4143, Page 236) on
the east; thence from said point of commencement and along said division line, the following
Five courses: 1) South 06°22"00" West, 125.61 feet to a point; North 83°38'00" West, 122
feet to a poi rit, 3) South 06°22'00" West, 27.12 feet to a paint; 4) Noilh 82°20'00" gest, 57.24
feet and 5) South 06103'00" West, 244.68 fee# to the point of beginning; thence from said point
of beginning and tluough the aforesaid lands of PCFG Newco, LLC, the following two courses:
1) South 83057'00" East, 35.95 feet to a point and 2) South 10'2,5'40" Bast, 394.42 feet to a point;
tbence in a westerly direaion mid along the lands of Aviation Mall Newco. LLC (Book 4143,
Page 246), South 51°30'20" gest, 265,85 feet to a paint; thence in a northerly direc[ion and
along Interstate 87, Adirondack Norkhway, Noilh 07°46'20" West, 583.71' feet to a point, thence
along the aforesaid first mentioned division line, South 8357'00" East, 183.24 feet to the point
or place of beginning.
Containing in all 2.50 acres of land being more or less
May 31, 2017 Vincent P. Ausfeld P.L.S.
LG X 179840 1 i 15
LEGAL DESCRIPTION
IPTION
LOT O.
Aviation.Road
Containing 3.78 acres
All that piece or parcel,of lard situate ire the Town of Queensbury, County of Wat ren and the
State of New'York, bounded and descriW as follows,
Beginning at a point located along the southerIy line of Aviation Road as appropriated in 1996,
said point being the intersection formed by said southerly line of Aviation Road with the division
Iine between the lands now or formerly of Queensbury Diner, LLC (Book 4368, Wage 18 3) on the
west nad the lands now or formerly of P CF Newco, LLC (Book 4143, Page 236) on the east;
thence along said southeAy ilne of Aviation Road,the following five coarses: 1) South 83°41'49"
East, 23.15 feet to a point; 2) North 05°57'18" East, 19.46 feet to a point; 3 South. 83*08'35"
East, 51.77 feet to a point; 4) South 06"55"12" West, 19.50 feet to a point and 5) South 83°15'14"
East, 23.08 feet to a point; thence in a southerly direction and along the lands of GRJH Inc.,
South 06°21"54"Nest, 154.88 feet to a point; thence in an easterly direction and along the
aforesaid lands of GRJH Inc., and continuing along the- lands now or formerly of M IC
Enterprises, Inc. (Book 5452, Page 263), South 82°23"00" East, 3 20.00 feet to a point; thence in a
southerly direction and along the lands now or formerly on Aviation Mall Newco, LLC Gook
4143, page 246), the following four courses. 1) South 06,116,161" West, 49.78 feet to a paint; 2
South 51116'00" West, 424.52 feet to a paint, 3) South 06'03'00" West, 213.57 feet to a paint
and 4) South 51°30'20" best, 66.54 feet to a point; thence in a northerly direction and through
the aforesaid lands of PCFG Newco, LLC, the fo[lowing two courses: 1)Nollh 10°25'40 West,
394.42 feet to a point and 2) Nortli 83°5700" West, 35.95 feet to a point; thence in a general
northerly direction and along the first mentioned division line, the following five courses: 1)
North 06c,03100" East, 244.68 feet to a point; 2) Soutl7 82°20'00" East, 57.24 feet to a point; 3)
North 06°22'00" East, 27.12 feet to a point; 4) South 83c'38100" East, 12.00 feet artd 5) NOTC
06°22'00" East, 125.64 feet to the point or place of beginning.
Containing in all 3.78 acres of land being more or less
May 31, 2017 Vincent P. Ausfeld P.L.S.
0 LG 00179940 1 1 16
EXHIBIT tw
Site Development Plans for Aviation Hospitality, LLC made and prepared by Bohler
Engineering, dated . _, 2017, consisting of 23 pages, approved by the Town of
Queensbury Planning Board- (a) on July 18, 2017 insofar as the saine bear upon the modification
to the site plan of the Ambrosia Diner; and(b) on Jul} 25, 2017 insofar as the same bear upon the
development of the AHLLC Parcel for the Dome 2 Hotel.
Development Plans for Aviation Mall Comiector Road made and prepared by C_M N16,-
Associates,
aleAssociates, dated May 15, 2017, 2017, project Number, 04.9368, Di-awing Niarnber 17-0305,
cousistirig of 11 pages, together with a Topograpbic Survey, dated May 8, 2017, project Number
04.9368, Drawing Dumber 17-299, consisting of 1 page, approved by the Town of Queensbury
Planning Board on July 18, 2017,
Resolutions evidencing said approvals are attached hereto.
LG W 179&44 1 1 17
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury,ICY 12804
Town of Queensbury Planning BoaW
RESOLUTION'— Grant Site Plan Appraval
S1TB PLANT 47-2017 AMBROSIA DINER
.Tax Map ID. 302.5-1-971 Property Address: 518 Aviation Road /Zoning; ESC
The applicant has submitted an application to the P]ai-ming Board for Site Plan app.cval pursuant
to Article 9 of the Town zoning Ordinance for. Applicant proposes to modify the entryway area
along Aviation! Road and internal access to Ambrosia Diner_ Pinject includes new aligiuneat of
driveway, new access for Dinar and site work. Pursuant to Chapter 1179-9-120 of the Zoning
Ordinance, amejidments to previously approved site plan shall be subject to Planning Board
review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoiling Code-Chapter 179-9-080, the
Planning Board has detei-mined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-in the site plan application way refeized to
the Warren County Plaming Department for its recomniendatiop;
The Planning Board has reviewed the potential mvirotitnental impacts of the project, pursuant to
the State Environmental Qua Iity Review Act'(SE RA) and adopted a SEQRA Negetive
Declaration— Determination ofNon-Significance
The Planning Board openers a public, hearing cn the Site plan application on 07!1812017 and
continued the public hearing to 0711 812017, when it was closed,
The Plarming Board has reviewed the application materials submitted by the applicant and all
comments made at the public hearing and Submitted in writing, through and including
07/1 MO 17;
The Planning Board determines that the application complies with the r-eview considerations and
standards set forth ire Article 9 of the Zonincy Ordilnanc'e for Site ?late approval,
MOTION TO APPROVE SITE PLAIN 47-2017 AMBROSIA DINER: Introduced by George
Perone who moved for its adoption;
Per the draft provided by staff condilioned tip on the following conditions:
;L[00179s 40 l ) is
1) Waivers request granted. Site lighting, signage, storrnwater, commercial alterations,
construction details, floor plana, soil logs, consutiction demolition disposal, and snow
removal.
) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) Ifapplicatioii was referred to engineering, then engineering sign-cff required prior to
signature of Zoning Administrator of the approved plans;
b) Final approved plans should have,dimensions and setbacks noted on the site planfsurvey,
floor}glans and elevation for the existing rooms and proposed roorns in the building and site
improvements,
c) Final approved plans,in compliance with the Site Paan, must be submitted to the
Community Development Department before any furlhet•i�eview by the Zoning
Administrator or)building and Codes peasonnel;
d) The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
e) Subsequent issuai�ce of fuilber permits, including building permits i s dependent on
compliance with this and all other conditions of this resolution;
As-built plans to certify that the site plan is developed according to the approved plans to
be provided prior to issuance of the certificate of occupancy;
g) Resolution to be placed on final plans in its entirety and legible.
Seconded by Brad Magowan. Duly adopted this 18"' day of July, 2017 by the following vote:
AYES: Mr. Deeb, Ms. White, Mv. Shafer, Mr. 1-lunsinger, 1v1r. Magowan, N6x. Ferone, IVL-.
Traver
NOES: NONE
;LGoni?woo 1 19
Town of Queensbury
Cvorrmunity Development Office
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Phiming Board
RES OLUTION—Grant Site Play Approval
Tax Map ID, I Property Address- /Zoning;
The applicant has submitted an application to the Planning Board proposing construction of a
new 62,620 sq. ft. (floor area), 4 story, 92 room hotel with associated parki rig. Project includes a
connector road on adjoining property to Aviation Mall ring road. Motel will be located on a
parcel of greater than 2 acres. Included in the project will be a lot line adjzistnlent between
302.5-1-96.1 and 302.5-1-93.1 with the former reduced to 10 acmes and the later- to be increased
to 4.31 acres, Project includes work ,vith Ambrosia Diner for access as lot does not have road
fi-outage on Roume 254. Pursuant to Chapter 179-9-040 & 179-10 of the Zaning 0rdinarioe, new
conunercial use in the LSC}zone shall be subject to Planning Board zeview and approval,
Pursuant to xelavant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Manning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-in the site plan application was referred to
the Warren.Couwy Planning Deparlme,it for its recomme-ndation;
The Planning Board has reviewed trio potential environmental impacts of the projeet, pursualit to
the Mate EnvirormentaI Quality Review Act (SEE A) acid adopted a SEQRA Negative
Declaration—Determ inatic n of Non-Significance
The Plaruiing Board opened a public hearing on the Site plan application on 07!1812017 and
continued the public hearing to 07/25/2017, when it was closed,
The Plannizig Board has reviewed the application materials sk muted by the applicant and all
comments made at the public hearing and submitted in writing through azid including
0712512017;
The Plarming Board deter-inines that the application col-nplies with the, review consi&rations and
standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval,
MOTION TO APPROVE SI'Z'E PLAN 45-2017 & SPECIAL USE PERMIT 10-2017
AV IATI0 N HOSPI'TALI`I:`Y, LLC;; Introduced by George F"-Pone who inovvd fol. its adoption.
According to the draft resolution prepared by 9raff with the following:
LLG 04679840 L 1 20
1) Waivers reque, t granted; 1 D% landscaping
2. Adherence to the items outlined in the follow-tip letter sent with this resolution.
a) The hmits of clearing wi11 constitute a no-cut buffer zone, orange construction
fencing shall be installed around these areas and field verified by Community
DeveIoprnent staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the-
Wastewater
heWastewater Department for its inview, approval, peg-nitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building pm nit
will not be issued until the approved driveway permit has been provided to the Planning
office;
d If application was referred to engineering then Engineering sign-off required prior to
signature of Zoning A dra i nistrator of the approved plans;
e) Final approved plans should have dimensions and setbacks noted on the site plan/survey,
floor plants and elevation for the existing rooms and proposed rooms in the building and
site impleovetnertts;-
f) If required, the applicant must submit a copy of the following to the Town:
a. The project AIDI(Notice of Intent)for coverage wander the current "HY DE
SPDES General Permit f rn Construction Activity" prior to the start of any site
wow.
b. The project NOT (Notice of Termination) upon completion of the project;
c. The applicant inust maintain on their project site, for review by staff:
i_ The approved final plans that have been stamped by the Town Zoning
Administrator. These plans inust include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was ptepared acid approved;
ii_ The project NOI and proof of coverage under the currc%nt NY DE
SPDES General Pennit, oT an individual S PDES permit issued for the
project if required.
g) Final approved plans, in compliance with the Site Plant, roust be submitted to the
Community Development Department before any further review by the Zoning
Admiuistrator or Building and Codes personnel;
h) The applicant must meet with Staff` after approval and prior to issuance of
Building Pennit and/or the begiruiing of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
j) s-built plans to certify that the site plan is developed according to the approved plans to
be provided prior to issuance of the certificate of occupancy.
k) This i olutivn is to be placed in its entirety on the final plans
1) Fitial. site plan vii 11 cover signage sign issue_
in) The applicant will comply that lighting under the poilico will not be greater than 30 foot
canon es
Motion seconded by Brad Ivlagowan. Duly adopted this 25"' day of July, 2017 by the following
vote:
(LG0009S40 1 J 1
AYES: Nor. Deeb, Ms. White, Mr. Shafer, Mr. Hinsinger, Mr. Mapwan, fir. Ferone, MV,
Traver
NOES: DONE
rLG 46179540 4 22
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Planning Board
RESOLUTION —Site Plan Approval
SITE PLAN 48-2017 AVIATION MALL
Tax Map ID: 302.5-1-92.11,202.5-1-93.1 /Property Address, 578 Aviation Rd. 1 Zoiiinga ESC
The applicant has submitted an application to the planning Board proposing construction of a
connector road that intersects Aviation Road and the mall. The project involves disturbance of
L +I- acres and a new roadway of approximately 17,500+/-sol. & The road will include access
for Ambrosia Dina and the proposed hotel and connect to the Aviation Dail ri�ig road. Pursuant
to Chapter 179-9-020 of the Zonirrg Ordinance, 11cw connector road shall be subject to Plannlug
Board inview and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that tilis propose! satisfies the rcgnirements as stated in the
Zoning Code;
As required b enc- al Municipal Law Section 239-m the site plan appIication was referred to
the Warn Couxity Planning Department for its recommendation;
The Planning Board has reviewed the potential environmental iinpacts of the project, pursuant to
the State Environmental Quality Review Act ( EQRA) and adopted a SEQRA Negative
Declaration—Determination of kion-Significance
The Planning Board opened a public hearing on the Site plan application on 07/10017 mid
eorifinued the public hearing to 0711$12017,whien it was closed,
The Planning Board has reviewed the application materials submitted by the applicant and all
conime�its Tnade at the public bearing and submitted in writing through and including;
The P I atining Board determines that the application complies with the review corisiderations and
standards set forth ire Ailicle 9 of the Zoning Ordinance for Site Pian approval,
MOTION TO APPROYE SITE PLAN 48-2017 AVIATION ROAD, Invoduced by Geoire
Ferone who moved for its adoption.
According to the drat resoiution prepared by Staff with the following;
1) Waivers requested granted; Site lighting, signage, landscaping, traffic, commercial
alterations, construction details, Bove plans, soil logs, construction dernolftion disposal
and snow mmoval.
;i_G04179 WO I ) 23
. Adherence to the itenns outlined in the follow-up letter sent with this resolution.
a) The limits ofclearir�g will constitute a no-cut buffer zone, orange const[Wticrx
fencing shall be histalled around these areas and field verified by Community
Deveiopment stafle;
b) If applicable, the Sanitaiy Sewer connection plan must be submitted to the
Wastewater Department for its review, approval, permitting and insp tion;
c) If curb cuts are being added or changed a driveway permit is required. A building permit
will not be issued until the approved driveway permit has been provided to the Planning
0fflCe;
d) if application was referred to engineering then Engineering sign-off required prior to
signature ofZoning Adr3ninist ator of the approved plans;
e) rival approved plans should have dirnensions and setbacks noted on the site plarVsu vey,
floor plans and elevation for the existing rooms and proposed rooms in the building and
site irnprovernents;-
If required, the applicant must submit a copy of the following to the Town:
a. The project N01 (Notice,of Intent) for coverage under the current "NY DEC
SPIES General Permit From Construction Activity" prior to tb4�start of any site
work.
b. The project NOT(Notice of Teiminati on) upon completion of the project;
c, The applicant must maintain on their project site,for review by staff
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan) when such a plan was prepared and approved;
ii. The project NOI and proof of coverage lender the cun-ent NYS DEC
SPDES general f?ermit;or an individual SPDF- permit issued for the
project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the
Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel;
h) The applicant must meet with Staff after appmval and prior to issuance of
Building Permit and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed accolAing to the approved plans to
be provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on klie final plans
Motion seconded by David Deeb. Duly adapted this 18`x' day of July,2017 by the following vote:
AYES; Ms, White, Mr. Shaffer, Mr. Himsinger, Mr. Mago an, Mr_ Ferone, Mr. Deeb, i•.
Traver
DOES= NODE
SLG p017gS10 I 24
EXHIBIT D
LEGAL DESCRIPTION
Rowe 254 Carmen or
Containing 15,361 Sq. Fl.
All that puce or parcel of land situate in the Tower of Qumisbuq, County of Warren and the
State of NQw York, bounded and described as follows:
Beginning at a point located along the southerly line of Aviation load as appropriated in 1996,
said point being the intersection farmed by said southerly line of Aviation Road with the division
line between the lands now or fbi-merly of Queensbury Diner, LL. (Book 4368, Page 1 3) on ft,-
west
hewest and the lands now or fianwrly of PCOF Newco, LLC (Boole 4143, Page 236) on the east;
tlaertce along said southerly line of Aviation Road, the followhig three courses: 1) South
83°41'49" East, 23.15 feet to a point; 2) North 05°57'18" East, 19A6 feet to a point; 3) South
83°0835" East, 12.96 feet to a paint; thence th3-ough the aforesaid lands of PCGF Newco, LLC,
the following five courses: 1) South 12'56'0 1" gest, 49.15 feet to a paint; ) South 07°26'21"
West, 129.5 8 feet to a point; 3) along a curve to the tight having a radius of 3 15.00 feet, an arc
length of 135.07 feet and beating a chord of South 19°43'24" Wes#, 134.04 feet to a point; 4)
along a curve to the left having a radius of 285.00 feet, an ave length of 112.23 feet, and bearing a
chord of South 0°43'35" West, 111.51 feet to a point and 5} along a curve to the right havirxg a
radius of 47.00 feet, an arc length of 2.05 feet and bearing a chord of S 10°41401' West,2.05 feet
to a paint; thence along the division line between Lot No. 1 and Lot No. 2 as shown on a map
entitled Lot Line Adjustment Plan for the lauds of PCGF Newco, LLC, prepared by Ansfeld
Waldruff Land Surveyors, (to be filed), the following two coarses: 1) North 10'25'40" West,
3.71 feel to a point and 2) North 83157'00" West, 35.95 feet to a point; thence along the first
rnentioaxed division line, North 06'03'00" Last, 32.53 feet to a poiirt; tlkence throxigh the aforesaid
lands of PCGF Newco, LLC, the following four courses: 1) along a curve to the right having a
radius of 102,00 feet, an arc length of 9.84 feet and bearing a.chord of'North 24'00"37" fast, 9.84
feet to a point; 2) along a curve to the right having a radius of 326.00 feet, an arc length of 86.87
feet and bearing a chord of North 24'23'29" East, 86,41 feet to a point; 3) along a curve to the
left having a radius of 274.00 feet, an aim length of 123.00 feet and bearing a chord of North
19c'08'51" Fast, 121.97 feet to a point and 4) South 82'2.0'00" East, 1,02 feet to a point; #hence
along the first mentioned division luxe the following tlu-ee courses- 1) North 06122"00" Fast,
27.12 feet to a point; 2) South 83'38'00" East, 12.00 feet and 3) Nodh 06°22"00" Fast, 125.64
feet to the point or plaee of beginning.
Containing in all 15,361 square feet of land being more or less
duly 2.2., 2017
rev 7-25-17 Vincent P. Ausfeld P,L- .
;LG00179840 1 ; 5
LEGAL DESCRIPTION!
U614 Easement No. I
Containing 8,284 Square.Feet
All that piece or parcel of land situate in the Torn of ueensbury, County of Warlr-n and the
State of New York, bounded and described as follows;
Corrunencing at a point located along the southerly line of Aviation toad a5 appropriated in
1995, said point being the intersection formed by said southerly line of Aviation Road with the
division lite between the laaft now or formerly of Queensbury Diner, LLC (Book 4368, Page
183) on the west and the lands now or formerly of PCOF Newco, LLC (Book 4143,Page 236) on
the east; thf n from said point of corrimen=ment and alDng the aforesaid line of Aviation Road,
the following three courses. 1) South 83°41'49" Fast, 23.15 feet-to a point; ) North 05°57'1$"
East, 19.46 feet to a point and 3) South 83°0815" East, 27.27 feet to the point of beghming;
thence from said point of beginning and continuing along Aviation Road, South 83"08'35'{ East,
29.25 fee# to a point; thence in a southerly direction and through the aforesaid lands of PCGF
Newco, LLC, the follow4ig seven courses: 1) South 13°28'38" West, 30.58 feet to a point; 2)
South 27°38'44" West, 85.21 feet to a point ; 3) South 06'26'42-" West, 117.63 feet to a point; 4)
South 28°1842" West, 156.43 feet to a point; 5), along a curve to the left having a nadius of 5.00
feet, an arc length of 1.85 feet and bearing a chord of South 17°41'44" West, 1.84 feet to a point;
6) South 07'04'47" gest, 74.02 feet to a point and 7) along a curve.to the right having a radius of
15.00 feet, an are length of 9.59 feet and bearing a chord of South 25"28'08" West, 9.43 feet to a
point; thence along the division line between Lot No. 1 and Lot No_ 2 as shown on a map entitled
Lot Line Adjustment Plan for the fonds of PCOF Ne co, LLQ prepared by A.usfeld & Waldruff
Land Surveyors, oto be filed), North 10'25'40" West, 4-4.14 feet to a point; thence through the
aforesaid lands of P Cit~ Newco, LLC, the following seven courses: 1) North 0550'35" East,
39,52 feet to a paint; 2) Nor[h 270'51'04" Fast, 161.24 feet to a point; 3) North 05'5535" fit,
117.25 feet tv a paint; 4) North 21118'33" East_ 38.73 feet to a pointy ) North 21"35'30" East,
55.52 feet to a point and 7)Noilh 05°50'35" East, 17.40 feet to the point or place ofbegirming.
Containing in ail 8,284 square feet of land being snare or less
July 22, 2017 Vincent P. Austad P.L.S.
l.G 00179Sdp i ; 2
EXHIBIT E
LEGAL DESCRIPTION
Ring Road Conn
C'ontaiaing 13,069 Sq. Fe.
All that piece or parcel of land situate in the, Town of Queensbury, County of Warren and the
State of New York, bounded and described as follows:
onunencing at a point located along the southerly line of Aviation !toad as appropriated in
1996, said point being the intersection formed by said southerly line of Aviation road with the
division line between, the lands now or formerly of ueeasbw-y Dinex•, LLC (Book 4368, Page
183) on the west and the lands now or formerly ofPC )~Newco, LLC (Book 4143, Page 236) on
the east; thence along said southerly line of Aviation Road, the following hive coumaes: 1) South
83*41'4R" East, 23.15 feet to a point; 2) North 05'5718" East, 19A6 feet to a point; a) Booth
83'08'35° East, 61.77 feet to a point;4) South 06'55'12" Nest, 19.50 feet to a point and 5) South
83015'14" East, 23.08 feet to a point; thence in a southerly direction and along the lands of O JH
Inc. (Book 1420, Page 48), South 06121'54"West, 154.88 feet to a point; thence in an easterly
direction and along the aforesaid lands of GRJH Inc., and continuing along the lands now or
formerly of M K Enterprises, Inc. {Book 5452, Page 263), South 82'23'00" East, 320.00 feet to
a point; thence in a southerly direction and along the lands now or formerly of Aviation Mall
Newco, LL (Book 4143, Page 2.46), South 0611616" West, 12.92 feet to the point of beginning;
thence from said paint of beginning and along said lands of Aviation Mali Newco, LLC South
06°1616" Test, 30.01 feet to a point; thence through the aforesaid lands ofPP Newco, LLC
-the followirng ten courses: 1) along a curare to the right laving a radius of 50,00 feet, an arc length
of 0.62 feet and bearing a chord of North 82G,47,1711 West, 0.62 feet to a point; 2) forth
83°08'33" West, 271.87 feet to a paint; 3) along a curve to the right having a radius of 165,00
feet to a point, an arc length of 81.37 feet and bearing a chard of North 69"00'32" West, 80.55
feet to a point; 4) along a curve to the left having a radius of 37.00 feet, an am length of 70.11
feet, as bearing a chord of South 70°4944" West, 60.08 feet to a point; 5) along a curve to the
left hawing a radius of 315.00 feet, an arc length of 49.99 feet and bearing a chord of North
11'59'07" East, 49.94 feet to a point; 6) North 072671" East, 52.89 feet to a point; 7) along a
curve to the left having a radius of 27.00 feet, an are length of 33.13 feet and bearing a chord of
South 27°42'35" East, 31,09 feet to a paint; 8) along a curve to the right having a radius of
165,00 feet, an arc length of 38.78 feet and bearing a chard of South 56°07'34" Vast, 38,69 feet to
a point; 9) along a curve to the left having a radius of 135.00 feet, an arc length of 79.52 feet to a
point and bear irig a chord of South 66c,16105" bask, 7 8.3 7 feet to a point and 10), South 83oD8'33'"
East, 272.18 feet to the point or place of beginning
Containing in all 13,069 square feet of land being more or less
July 22, 2017 - rev 7- 5-17 Vincent P. Airsfeld P.L.S.
;LG W]71)&-401 27
EXHIBIT F
LEGAL DESCRIPTION
Uaflty Easement 1Vo.
Containing 517 Sgyrare Feet
All that piece or parcel of land situate in the Town of Queensbury, County of Warren and the
State of New York, bounded and described as follows:
Commencing at a point located along the southerly line of Aviation Road as appropiiat�d in
1995, said point being file intersection forined by said southerly lino of Aviation Road with the
division line between the lands now or foil-terly o#' Queensbury Diner, LLC (Boob 4358, Page
183) an the west ai-id the lands [iOw or fai7nerly of PCCF Newoo,LLC (Book 4143, Page 236) on
the east; thence fiam said point of commencement and partially along said division line and
corntinuing along thf, division line between Lot No. 1 and Lot No. 2 as shown on a map entitled
Lot Lint Adjustroent Plan for the lands of PCFG Newco, LLC, prepared by A.usfeld & Waldruff
Land Surveyors, {to be filed), the following seven courses: 1) South 05°22'00" West, 125.64 feet
to a point; 2) Noilh 83°38'00" West, 12,00 feet to a point, 3) South 06°22'00" West, 27.12 feet to
a point; 4) North 82°20'00" West, 57.24 feet and 5) South 05°03'00" gest, 244.68; 6) South
831157T0O" Salt, 36.95 feet to a point and 7) South 10°25'40" East, 227,45 feet to the point of
beginning; thence from said point of begirming and through the aforesaid Lot No_ 2, the
following t1u-ee cou«es: 1) South 83°29"21" East, 53,27 feet to a point; 2) South 06430'39° West,
10.00 feet to a point and 3) Noah 83'2921" West, 50,23 feet to a point; thence along the
aforesaid division line between Lot i and Lot 2,North 10°25'40" West, 10.45 feet to the point or
puce of beginning.
Containing in al 1517 square feet of land being more or less
July 22, 2017 Vincent P. Ausfeld P.L.S.
tic oo�7s�a
28
LEGAL L DP F IPTIO
LEGAL DESCRIPTION
IPTION
Utility Ease menI1Vo. 3
Containing 7187,Square Feet
All that piece or pamel of land situate in the Town of Queensbury, County of Warren and the
State of New York, bounded and described as follows,
Commencing at a point located along the southerly line of Aviation load as appropriated in
1996, said point being the intersection formed by said southerly line of Aviation Road witlk the
division line between the lands now or £oxme0y of Queensbury Diner, LLC (Boole 4368, Page
183) on the west and the lands now or formerly of PCGF Newco, LLC ()3cok 4143,Page 23 6) an
the east; thenee. from said point of commencement and partially along said division line and
continuing along the division line between Lot No. 1 and Lot No. 2 as shown on a map entitled
Lot Lime A.djusuent Plan for the lands of PCFG ale co, LLC, prepared by A.usfeld & Waldruff
Larnd Surveyors, (to bi,, ftled), the following seven courses: 1) South 06°22'00" West, 125.64 feet
to a point; ) North 83°38'00" West, 12.00 feet to a point, 3) South 06°22'00" West, 27.12 feet to
a point; 4) North 82120'00" West, 57.24 feet and 5) South O °03"00" gest. 2.44.68; f) South
83°57'00" lust, 35.95 feet to a point and 7) South 1025'40" East, 312.85 feet to Ilia point of
beginning; thence from said point of begiwiilig and through the aforesaid Lot No. 2, North
80¢22'08" Fast, 73.29 feet to a point; thence along the westerly line of the, lands now or formerly
of Aviation Mall Newco, LLC (Book 4143, page 2460,.South O °03'00" West, 10.39 feet to a
point; thence thi7ough the aforesaid Lot 2, South 80°22'0$" 'gest, 70.34 feet to a point; thence
along the aforesaid division lute between Lot No. l and 2, Nortli 10925'401' West; 10.00 feet to
the point or place of beghuiing.
Containing in all 718 square feet of land being more or less
July 22, 2017 Vincent P- Au feld P.L.S.
I LG 00 t 795,10 1 29