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I CONTRACT FOR EASEMENT
AND
RIGHT OF FIRST REFUSAL
THIS AGREEMENT,made the_tK day of December, 2014 between The Fort Miller Co.,Inc. (hereinafter
"Fort Miller",having an address of 688 Wilbur Avenue,Greenwich,NY,and Kubricky Construction Corp.,
Inc.,hereinafter"Kubricky",having an address of 269 Ballard Road,Wilton NY 12831.
1. Fort Miller is the owner of real property premises located in the Town of Queensberry,Warren County,
l New York,identified as Tax Map# 279.-1-72,and Kubricky is the owner of premises adjacent to and
east of the aforesaid parcel,and identified as Tax Map 9 279.-1-48.
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2. In consideration of the mutual promises and payment of monies specified herein,Kubricky agrees to
convey to Fort Miller an easement for vehicular ingress and easement along the southern boundary of its
property,and the parties further agree to grant each other a mutual right of first refusal as set forth
below.
3. Said easement shall be forty(40) feet in width,commencing at a point on the easterly boundary of the
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property of Fort Miller, and running thence easterly along the southerly boundary of the Kubricky
property a distance of approximately eight hundred (800)feet tQ an existing driveway cut on Ridge
Road, a public highway in the Town of Queensbury.
4. The term of the easement and right of first refusal will begin with the recording of the easement
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document,and end at such time as the Fort Miller property is no longer permitted for mining activity,
unless earlier terminated by Fort Miller, in writing, at least six months prior to the easement anniversary
date.
5. In consideration of the grant of this easement,Fort Miller will pay to Kubricky
commencing when mining activity begins on the Fort Miller property. On each _
I anniversary date thereafter,said payment will change by applying the Consumer Price Index to the
easement fee.Payments will continue annually for the term of the easement.
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6. Prior to the commencement of mining activity on the Fort Miller property,Kubricky agrees to construct
a road over this easement area, said construction to be at the expense of Fort Miller. Fort Miller may
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replace the existing gate at its expense,with the prior permission of Kubricky.The parties shall mutually
agree on the specifications and construction price for the road.
7. The parties agree to grant to each other a mutual right of first refusal to purchase their respective
properties identified herein. The price will be based on an offer price from a bona fide third-party buyer.
If no such bona fide buyer exists,the party desiring to sell will notify the other party in order to provide
an opportunity for a mutually acceptable contract to be made.If agreement cannot be reached on price,
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the selling price for any such contract will be determined by each obtaining an appraisal by a recognized
appraiser proficient in appraising sand and gravel operations and the price being the average of the two
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appraisals.If either party is dissatisfied with either appraisal,a third appraisal will be obtained and the
price determined by the average of the three appraisals. The parties will agree on the selection of the
a third appraiser.
8. The form of said Easement and Right of First Refusal Agreement,to be recorded with the Warren
County Clerk,is attached hereto as Exhibit A.
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! 9. This agreement is contingent upon Fort Miller obtaining all needed permits from state and local
government agencies to conduct training activity on its property.
10.Kubricky warrants to Fort Miller that it has good and marketable title to the easement area to be
conveyed herein,and that there are no liens, mortgages or encumbrances which would restrict its ability
to convey such easement.
11.This agreement, and the recorded agreement resulting therefrom, shall be binding upon,and inure to the
benefit of the successors and assigns of the parties.
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The Fort MiHer Co.,Inc.
BY -
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Kubricky Construction Corp.,Inc.
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By:
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