MONROE COUNTY CLERK'S OFFICE ROCHESTER, NY Return To: BOX 18 COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY I-SQUARE LLC COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY T+SQUARE LLC ‘COUNTY FEE TP584 $ 5.00 COUNTY FEE NUMBER PAGES $ 15.00 RECORDING FEE $ 45.00 STATE FEE TRANSFER TAX $ 0.00 Total 8 65.00 State of New York MONROE COUNTY CLERK'S OFFICE WARNING - THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) © SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK, DO NOT DETACH OR REMOVE. ‘CHERYL DINOLFO MONROR COUNTY CLERK DAMIAN 11@2-201510210334-4 THIS IS NOT A BILL. THIS IS YOUR RECEIPT Receipt # 1316343 Index DEEDS Book 11608 Page 127 No. Pages : 4 Instrument AMENDMENT TO LEASE Date: 10/21/2015 ‘Time 12:49: 48PH Control # 201510210334 wr # ‘rr0000004791 Ref 1 Employes : DianeA TRANSFER AMT ‘TRANSFER AMT $1.00THIS AMENDMENT TO AGREEMENTS, dated as of the 1% day of September, 2015 {the "Amendment"), is by and between the COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation duly organized and existing under the laws of the State of New York with offices at 8100 CityPlace, 50 West Main Street, Rochester, New York 14614 (the "Agency") and I-SQUARE, LLC, a limited liability company formed and validly existing under the laws of the State of New York, with offices at 85 Excel Drive, Rochester, New York 14621 (the "Company"). WITNESETH: WHEREAS, by Title 1 of Article 18-A of the General Municipal Law of the State of New York, as amended, and Chapter 55 of the Laws of 1972 of the State of New York, as amended (hereinafter collectively called the “Act"), the Agency was created with the authority and power to own, lease and sell property for the purpose of, among other things, acquiring, constructing, renovating and equipping civic, industrial, manufacturing and commercial facilities as authorized by the Act; and WHEREAS, by resolution duly adopted by the Agency on March 19, 2013, the Agency designated and appointed the Company to act as its agent for the purpose of undertaking a certain project (the *Project") consisting of: (A) the acquisition by lease, license or otherwise, and interest in various properties located just south of the intersection of Titus Avenue and Cooper Road in the Town of Irondequoit, County of Monroe, New York (the “Land"); (B) the demolition of the existing improvements and the construction on the Land of a new road extension and a mixed-use "Town Center" comprised of seven new buildings totaling over 92,000 square feet of space, consisting of, but not limited to, an art gallery, outdoor amphitheater stage with room for 400 spectators, a community leaning and business conference center, rooftop gardens, retail space, restaurants, office and residential space (collectively, the "Improvements"), and (C) the acquisition and installation therein, thereon or thereabout of various machinery, equipment and related personal property (the "Equipment" and, together with the Land and the Improvements, the "Facility"); and WHEREAS, to assist the Company in the acquisition, demolition, construction, equipping, operating and maintaining of the Facility, the Agency and the Company executed and delivered (i) a certain Lease Agreement, dated as of June 1, 2013, by and between the Company and the Agency, pursuant to which the Company leased the Facility to the Agency (the "Existing Lease Agreement"), a memorandum of which was recorded in the Monroe County Clerk's Office ‘on June 11, 2013 in Liber 11263 of Deeds at Pane 109 (the "Memorandum of Lease"); and (ji) a certain Leaseback Agreement, dated as of June 1, 2013, by and between the Agency and the ‘Company, pursuant to which the Agency leased the Facility back to the Company (the "Existing Leaseback Agreement"), a memorandum of which was recorded in the Monroe County Clerk's Office on June 11, 2013 in Liber 11263 of Deeds, at Page 114 (the "Memorandum of Leaseback"); and = te zs WHEREAS, the Company and the Agency also entered into a certaii BLOT Agreement, dated as of June 1, 2013 (the "PILOT Agreement"), whereby the Company agréed to make payments-in-lieu of real property taxes to the Affected Taxing Jurisdictions onthe [Based Premises; and WITT A EW Cham ae Gauw0usuWHEREAS, the Company is selling its fee interest in a portion of the property comprising the Land known as 651 Titus Avenue, Rochester, New York 14617 (Tax Map ID #: 076.15-6-16) and now desires to remove said parcel from the description of the Land found attached to each of the Existing Lease Agreement, the Memorandum of Lease, the Existing ‘Leaseback Agreement and the Memorandum of Leaseback as Exhibit A; WHEREAS, the Company has purchased the land known as 6 Stranahan Park (Tax Map No. 076,15-6-33) and 12 Stranahan Park (Tax Map No. 076.15-6<34) which lots are being merged into the existing lot known as 2 Stranahan Park (Tax Map No. 076.15-6-83.11) and desires that these lots be added to the description of the Land found attached to each of the Existing Lease Agreement, Memorandum of Lease, Existing Leaseback Agreement and Memorandum of Leaseback as Exhibit A; and WHEREAS, the Company requests that the Agency approve the amendment of the Existing Lease Agreement, Memorandum of Lease, Existing Leaseback Agreement and ‘Memorandum of Leaseback as set forth above; and WHEREAS, the Company also desires to amend the PILOT Agreement to remove the parcel of land known as 651 Titus Avenue, Rochester, New York 14617 (Vax Map ID #: 076.15-6-16) and add the two parcels of land known as 6 Stranahan Park (Tax Map No. 076.15 6-33) and 12 Stranahan Park (Tax Map No. 076.15-6-34) [which lots arc being merged into the existing lot known as 2 Stranahan Park (Tax Map No. 076.15-6-43.11)]; and WHEREAS, the Agency desires to amend the aforementioned agreements as. the Company has herein requested, NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency hereby agrees as follows: (A) The Existing Lease Agreement, Memorandum of Lease, the Existing Leaseback Agreement, Memorandum of Leascback and the PILOT Agreement are amended as follows: 1, All references to "Leased Premises” in the Existing Lease Agreement and Existing Leaseback Agreement shall no longer include the land commonly known as 651 Titus Avenue, Rochester, New York 14617 (Tax Map ID #: 076,15-6-16), but shall include lots currently known as 6 Stranahan Park (Tax Map No. 076.15-6-33) and 12 Stranahan Park (Tax Map No. 076.15-6-34) [which lots are being merged into the existing lot known as 2 Stranahan Park (Tax Map No. 076.15-6-43.11)]. 2. The Agency shall notify the affected taxing jurisdictions in writing of the changes set forth herein which shall be made to the PILOT Agreement. 3. Unless otherwise amended pursuant to the terms contained herein, the terms of the Existing Lease Agreement, Memorandum of Lease, Existing Leaseback Agreement, Memorandum of Leaseback and the PILOT Agreement shall remain unchanged. Exhibit Legal Description of the Premises ‘All that tract or parcel of land situate in the Town of Irondequoit, County of Monroe and State of New ‘York, known and described as Lots 1, 2, 3 and 4, Bakers Park and Music Way of the I-Squere Subdivision filed in the Monroe County Clerk's Office in Liber 345 of Maps, page 83 filed May 15, 2013.IN WITNESS WHEREOF, the Agency and the Company have caused this Amendment to Agreements to be executed in their respective names, all as of the date first above written, COUNTY OF MONROE INDUSTRIAL DEVELOPMENT AGENCY By: Name: Paul A. Jofinsor Title: Acting Executiv® Director I-SQUARE, LLC ‘Name: Michael Nolan Title; Sole Member STATE OF NEWYORK) COUNTY OF MONROE __)ss: on this_J6f4 cay oe ees, 2015, before me, the undersigned, personally appeared Paul A. Johnson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of whom the individual acted, executed the instrument, -Y i ‘Néfary Pubtic Lori A. Palmer STATE OF NEWYORK) ay pb, Ss of New York UNTY 2 ified in Mor COUNTY OF MONROE __)ss: Cea oe On this AS ~ day of September, 2015, before me, the undersigned, personally appeared Michael Nolan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of whom the individual acted, executed the instrament. KEVIN P HALL Notary Public - State of New York Notary Public No. ovma6730047 uated in Monroe Caf ty Commission Exites