Loading...
HomeMy WebLinkAbout133809 Jerry Smith Storage First Amendment to Memorandumon Tompkins County Clerk Recording Page Return To Maureen Reynolds, County Clerk NEXAMP, INC. Tompkins County Clerk 101 SUMMER ST 320 North Tioga Street BOSTON, MA 02110-1287 Ithaca, NY 14850 (607) 274-5431 Document Type: LEASE Receipt Number: 26-478719 Grantor (Party 1) Grantee (Party 2) STRAW, WAYNE L NEXAMP SOLAR LLC Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2026-02314 TP-584 Form Fee $5.00 Transfer Tax #: 001275 Pages Fee $45.00 State Surcharge $20.00 Property located in Lansing Total Fees Paid: $90.00 Refers To 2024-09600 State of New York County of Tompkins Recorded on March 12th, 2026 at 1:26:36 PM with a total page count of 9. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Rea/Property Law of the State of New York Jc Do Not Detach 2026-02314 03/12/2026 01:26:36 PM This instrument was prepared by and after recording return to: Nexamp Solar LLC 101 Summer Street, 2nd Floor Boston, MA 02110 Attn: .Ae*4ki*- Fr-jr, 1 e.0,©r-7- � County: Tompkins Tax ID No.: 16.1-10 Address: 339 Jerry Smith Road Township: Lansing FIRST AMENDMENT TO MEMORANDUM OF BATTERY STORAGE LEASE AND EASEMENT AGREEMENT THIS FIRST AMENDMENT TO MEMORANDUM OF BATTERY STORAGE LEASE AND EASEMENT AGREEMENT (this "Amendment") is made and entered into as of�--y- f'ebrHary 2026 by and between NEXAMP SOLAR. LLC, a Delaware limited liability company S k� ("Grantee" or"Lessee"), and WAYNE L. AND DORIS K. STRAW(collectively, "Owner" or "Lessor"). Recitals A. Owner and Grantee are parties to that certain Battery Storage Lease and Easement Agreement dated November 3, 2023, ,,ts amended by that certain. First Amendment to Battery Storage Lease and Easement Agreement dated. .),1:Q,? (collectively, and as may be fitrther amended,the"Lease'") for all or a portion of the property located in Tompkins County,New York, commonly known as Tax ID No. 16.-1-10, as more particularly described on Exhibit A-1 attached hereto and incorporated herein by reference (the "Property"). B. The Lease was further memorialized by that certain Memorandum of Battery Storage Lease and Easement Agreement dated November 2, 2023, recorded on October 10, 2024 as Instrument No. 2024-09600 in the Register and Recorder of Tompkins County (the "Memorandum"). C. Owner and Grantee desire to amend the Memorandum to reflect an update to the Property description. NOW, THEREFORE, the Landlord and Tenant hereby agree as follows: 1. The foregoing recitals are incorporated herein by reference as though fully set forth herein. 2. Owner and Grantee acknowledge and agree that pursuant to the Lease, the Construction Term of the Lease has commenced as of November 2, 2025. 1 2026-02314 03/12/2026 01:26:36 PM 3. Owner and Grantee acknowledge and agree that"Nexamp Solar, LLC, a Delaware limited liability company" is the correct Grantee or Lessee party to the Memorandum and the Lease. 4. Exhibit A-1 of the Memorandum is hereby deleted in its entirety and replaced with the attached Exhibit A-1. 5. Exhibit A-2 of the Memorandum is hereby deleted in its entirety and replaced with the attached Exhibit A-2. 6. The Lease is subject to the trust fund provisions of Section 13 of the New York State Lien Law. 7. The Lease is hereby ratified and affirmed and remains in full force and effect. 8. Counterpart originals may be assembled in order to make one complete copy of this Amendment and all such counterpart originals, when taken together, shall comprise but one and the same instrument. 9. Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Lease. [REMAINDER OF PAGE BLANK; SIGNATURE PAGES FOLLOW] 2 2026-02314 03/12/2026 01:26:36 PM IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the day and year first written above. OWNER: By: � Name: Wayne L. Straw By ll�` a�C•� Name: Doris K. Straw Commonwealth/State ofPbJ YnC V § § SS: County of On � ?1} G; before me,`' .. Notary Public, personally appeared Wad ne L. Straw, crsonally known tome to be the persons w ose names are subscribed to the within instrument and acknowledged to me that they executed the instrument. 7 Michele Bennett Notary Public,State of New York Notary Public Registration no.Ol BE6030007 �y Qualified in Tompkins County My commission expires: t© Q— I Commission Exiaires Octobcr 10,20-,q Commonwealth/State of § 3 2026-02314 03/12/2026 01:26:36 PM § SS: County ofM, S § On CI 2026, before me,U Notary Public, personally appeared Doris K. Straw. ona.- :slly known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the instrument. Michele Bennett - Notary Public,State of New York Notary Public Registration no.OIBE6030007 My commission expires: lQ l `�� Q issionc xpires�prinser 10, � i9 Commisaioncxiaires Uctalicr 10,20 4 2026-02314 03/12/2026 01:26:36 PM TENANT: NEXAMP SOLAR LLC a Delaware limited liability company By: Name: Chris Clark Title: Senior Vice President ACKNOWLEDGMENT Commonwealth/State of Mn 5APrW4ti8 § § ss: County of %AAjk § Before me, on feb 11, 20 26 , personally appeared Chris Clark, Senior Vice President of Nexamp Solar, LLC, a mited liability company and as such Senior Vice President, subscribed to the within instrument and acknowledged that (s)he executed the instrument on behalf of said limited liability company. Name M a e r ry%-o uk ERIN K MCCORMACK My commission expires: Port w,,64,Y-01, Zo3o Notary Public COMMONWEALTH OF MASSACHUSETYS My Commission Expires November 01,20 00 2026-02314 03/12/2026 01:26:36 PM EXHIBIT A-1 LEGAL DESCRIPTION OF PROPERTY [Pursuant to the terms of the Agreement, the legal description of the Property contained on this Exhibit A-1 shall, upon request by Grantee, be replaced with a more detailed legal description approved by Grantee and its title company or surveyor] Approximately Ten Thousand (10,000) square feet in the area depicted and outlined in red on Exhibit A-2 attached hereto within the boundary of the following described land located in Lansing Township, TOMPKINS County, State of New York, containing 57.79 acres, more or less: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Lansing, being parts of Military Lot No. 62 in said town, bounded and being more fully described in Volume 535, Page 680 and Instrument No. 0294 in the deed records of Tompkins County,New York. 2026-02314 03/12/2026 01:26:36 PM I i EXHIBIT A-2 LEASE PLAN The Property is shown outlined in red on the attached Lease Plan. In addition to the Property, Owner shall grant to Grantee an easement for ingress/egress to the Property as well as the right to place electric transmission within the approximate area described as the "Proposed 15' Access Road" on the attached Lease Plan. 2026-02314 03/12/2026 01:26:36 PM pw ITIU7Y POINT OF JEF INTERCONNECTION(POI)- UTILITY DISCONNECT K° a.FEEDER NO:4303101, 1 ..__._..,....... �....� . IX VOLTAGE 34 a KV - -- '- R017-SED 21T ACCESS Hwy RESIDENTULLPA.RCS. ROAD_2-117ACCESS µ . POLE U1 ., .: J rv. II 1LI1 f RECLOSER POLE(Ull) ILP(Y METER ON CUSTOMER POLE(C3)-POINT OF COMMON " F, COUPLING(PCC) USTOmeR.DISCONNECT POLEIC2}240T UTILTY ACCESSISLE,LOCKABLE USTOM>:'T: RISER& c RECLOSERPOlE(C1) vw" s � a5 ACCESS ROAD wi J� t � Y ffi ZQ VEHICLE GATE—, IV PERSONNEL GAT' I a 1 17x15 SERVICE STrtG4NG DAS P . GROUNDING TRANSFORMER&*K. 1 1 OPOSED 15 PAD MOUNTED PRNk+u. I ACCESS ROAD CUSTOMER NETER ° a f $ STING OVERHEAD xa DISTRIBUTION SYSTEM ENERGY STORAGE SYSTEE a,. TRANSFORMERPi