§ 101. Manufacturers and wholesalers not to be interested in retail places. 1. It shall be unlawful for a manufacturer or wholesaler licensed under this chapter to

(a) Be interested directly or indirectly in any premises where any alcoholic beverage is sold at retail; or in any business devoted wholly or partially to the sale of any alcoholic beverage at retail by stock ownership, interlocking directors, mortgage or lien or any personal or real property, or by any other means. The provisions of this paragraph shall not apply to (i) any such premises or business constituting the overnight lodging and resort facility located wholly within the boundaries of the town of North Elba, county of Essex, township eleven, Richard's survey, great lot numbers two hundred seventy-eight, two hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two hundred ninety-nine, three hundred, three hundred eighteen, three hundred nineteen, three hundred twenty, three hundred thirty-five and three hundred thirty-six, and township twelve, Thorn's survey, great lot numbers one hundred six and one hundred thirteen, as shown on the Adirondack map, compiled by the conservation department of the state of New York – nineteen hundred sixty-four edition, in the Essex county atlas at page twenty-seven in the Essex county clerk's office, Elizabethtown, New York, provided that such facility maintains not less than two hundred fifty rooms and suites for overnight lodging, (ii) (A) all that tract or parcel of land situate in the City of Canandaigua, County of Ontario, State of New York, all as shown on a map entitled "Meridian Automotive Systems Subdivision Plan", prepared by Costich Engineering, P.C., having drawn number 3203-01, last dated 8/4/2003, and is to be filed in the Ontario County Clerk's Office and being more particularly bounded and described as follows: Beginning at a point on the east right-of-way line of North Bloomfield Road said point also being the northwest corner of lands now or formerly owned by Donald and Jean Baier having T.A. # 070.19-01-06; thence

1. N60Á57;16"W, along said east right-of -way of North Bloomfield Road a distance of 1,266.75 feet to a point; thence

2. N50Á14'22"W, along said east right-of-way line of North Bloomfield Road a distance of 143.38 feet to a point; thence

3. N31Á52'21"W, along said east right-of-way line of North Bloomfield Road a distance of 187.27 feet to a point on the south right-of-way line of North Street; thence

4. N46Á08'48"E, along said south right-of-way like of North Street a distance of 119.22 feet to a point; thence

5. N63Á01'14"E, along said south right-of-way line or North Street a distance of 741.98 feet to a point; thence

6. N86Á19 '13"E, along said south right-of-way of North Street a distance of 19.24 feet to a point; thence

7. N65Á53'43"E, along said south right-of-way line: of North Street a distance of 404.05 feet to a point; thence

8. N6 1Á36'29'"E, along said south right-of-way line: of North Street a distance of 169.25 feet to a point; thence

9. N22Á28'53"E, along said south right-of-way line of North Street a distance of 36.46 feet to a point; thence

10. N63Á01'14"E, along said south right-of-way line of North Street a distance of 3.25 feet to a point; thence

11. N62Á49'02"E, along said south right-of-way line of North Street a distance of 37.27 feet to a point; thence

12. S32Á33'19"E, a distance of 325.41 feet to a point; thence

13. S50Á20'56'E, a distance of 218.92 feet to a point, thence

14. S77Á44'52'E. a distance of 213.31 feet to a point, thence

15. Southerly along a curve to the right having a delta angle of 03Á50'08", a radius of 5,720.16 feet, and an arc length of 382.93 feet, said curve also having a chord of S47Á19'56"E, 382.85 feet to a point; thence

16. S45Á26'16"E. a distance of 510.13 feet to a point; thence

17. S62Á47'34"W. a distance of 1,052.60 feet to a point, thence

18. N52Á52'16"W, a distance of 185.00 feet to a point, thence

19. S43Á29'44"W. a distance of 190.00 feet to a point and place of beginning. Containing 48,584 acres of land, more or less.

* (B) All that piece or parcel of land situate in the City of Rochester, county of Monroe, State of New York, and more particularly described as follows: Commencing at the northeast corner of Lot number 180 of the Hayward Homestead Subdivision, said subdivision being filed in the Monroe County Clerk's Office in Liber 8 of maps at page 67, thence southeasterly along the southerly right-of-way line of Railroad Street (50 feet wide) on a bearing of S 54Á01'27" E a distance of 105.51 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance;

1. Thence S 54Á01'27" E a distance of 97.00 feet to a point;

2. Thence S 35Á49'08" W a distance of 80.23 feet to a point;

3. Thence N 53Á53'17" W a distance of 97.00 feet to a point;

4. Thence N 35Á49'05" E a distance of 80.00 feet to a point on said southerly right-of-way line of Railroad Street, said point the true point and place of beginning. Being and hereby intending to describe a portion of an existing building located at 85-97 Railroad St, Rochester New York, having an area of 7,771 square feet or 0.178 acres. Bearings referenced to deed bearings as described in liber 10480 of deeds page 278.

* NB Effective until December 31, 2024

* (B) all that piece or parcel of land situate in part of Lot 35, Second Division, Township 13, Seventh Range of the Phelps and Gorham Purchase, in the City of Rochester, County of Monroe, State of New York and more particularly described as follows:

Commencing at the intersection of the northerly right-of-way Line of University Avenue and the easterly right-of-way line of Culver Road; thence southeasterly along the northerly right-of-way line of University Avenue a distance of 1012.49 feet to the southwesterly most property corner of lands now or formerly of University Avenue, LLC as laid forth in Liber 11267 of deeds page 398; thence continuing southeasterly along the northerly right-of-way line of University Avenue a distance of 391.30 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance:

1. Thence northerly making an interior angle turning to the left of 89Á52'00" with said northerly right-of-way line of University Avenue a distance of 174.75 feet to a point;

2. Thence easterly making an interior angle of 90Á09'40" a distance of 21.70 feet to a point;

3. Thence northeasterly making an interior angle of 228Á45'07" a distance of 15.43 feet to a point;

4. Thence southeasterly making an interior angle of 90Á00'00" a distance of 13.15 feet to a point;

5. Thence northeasterly making an interior angle of 270Á00'00" a distance of 14.05 feet to a point;

6. Thence southeasterly making an interior angle of 90Á00'00" a distance of 14.40 feet to a point;

7. Thence southerly making an interior angle of 131Á14'53" a distance of 4.00 feet to a point;

8. Thence easterly making an interior angle of 270Á00'00" a distance of 59.15 feet to a point;

9. Thence southerly making an interior angle of 89Á50'45" a distance of 136.60 feet to a point;

10. Thence easterly making an interior angle of 269Á35'35" a distance of 1.10 feet to a point;

11. Thence southerly making an interior angle of 90Á00'00" a distance of 38.20 feet to a point on the aforementioned northerly right-of-way line of University Avenue;

12. Thence westerly along said northerly right-of-way line of University Avenue a distance of 121.85 feet to a point, said point being the true point and place of beginning.

Being and hereby intending to describe a portion of an existing building located at 1344 University Avenue Rochester, New York, having an area of 21,489 square feet or 0.493 acres.

* NB Effective December 31, 2024

* (B-1) all that piece or parcel of land situate in part of Lot 35, Second Division, Township 13, Seventh Range of the Phelps and Gorham Purchase, in the City of Rochester, County of Monroe, State of New York and more particularly described as follows:

Commencing at the intersection of the northerly right-of-way Line of University Avenue and the easterly right-of-way line of Culver Road; thence southeasterly along the northerly right-of-way line of University Avenue a distance of 1012.49 feet to the southwesterly most property corner of lands now or formerly of University Avenue, LLC as laid forth in Liber 11267 of deeds page 398; thence continuing southeasterly along the northerly right-of-way line of University Avenue a distance of 391.30 feet to a point, said point being the true point and place of beginning. Thence the following courses and distance:

1. Thence northerly making an interior angle turning to the left of 89Á52'00" with said northerly right-of-way line of University Avenue a distance of 174.75 feet to a point;

2. Thence easterly making an interior angle of 90Á09'40" a distance of 21.70 feet to a point;

3. Thence northeasterly making an interior angle of 228Á45'07" a distance of 15.43 feet to a point;

4. Thence southeasterly making an interior angle of 90Á00'00" a distance of 13.15 feet to a point;

5. Thence northeasterly making an interior angle of 270Á00'00" a distance of 14.05 feet to a point;

6. Thence southeasterly making an interior angle of 90Á00'00" a distance of 14.40 feet to a point;

7. Thence southerly making an interior angle of 131Á14'53" a distance of 4.00 feet to a point;

8. Thence easterly making an interior angle of 270Á00'00" a distance of 59.15 feet to a point;

9. Thence southerly making an interior angle of 89Á50'45" a distance of 136.60 feet to a point;

10. Thence easterly making an interior angle of 269Á35'35" a distance of 1.10 feet to a point;

11. Thence southerly making an interior angle of 90Á00'00" a distance of 38.20 feet to a point on the aforementioned northerly right-of-way line of University Avenue;

12. Thence westerly along said northerly right-of-way line of University Avenue a distance of 121.85 feet to a point, said point being the true point and place of beginning. Being and hereby intending to describe a portion of an existing building located at 1344 University Avenue Rochester, New York, having an area of 21,489 square feet or 0.493 acres.

* NB Repealed December 31, 2024

* (C) PARCEL 1 ALL THAT TRACT OR PARCEL OF LAND, situate on the east side of North Bloomfield Road in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows: Beginning at the southwest corner of lands of the grantor which point of beginning marked by an iron in the east highway boundary of said Road 882.14 feet northwesterly from the north line of Buffalo Street in said City; running thence N 74Á 22' 10" E a distance of 1108.20 feet to a point in the west line of lands of the New York Central & Hudson River Railroad Batavia Branch, marked by an existing iron; running, thence N 34Á 34' 20" W along the westerly bounds of said Railroad a distance of 412.38 feet to a point, marked by an existing iron; running thence S 74Á 01' 20" W a distance of 1241.03 feet, through an existing iron, to a point, marked by a spike in the east line of said North Bloomfield Road; running thence S 50Á 34' 20" E and along the east highway boundary of said North Bloomfield Road a distance of 466.65 feet to the point and place of beginning.

PARCEL 2 ALL THAT TRACT OR PARCEL OF LAND, lying to the east of the parcel above described, and also west of lands of said New York Central & Hudson River Railroad Auburn Branch in said City of Canandaigua, County of Ontario and State of New York, bounded and described as follows: Beginning at a point, marked by an iron, in the east line of lands of the New York Central & Hudson River Railroad Batavia Branch, which point is at the northwest corner of other lands of the grantee, said point being N 69Á 14' 50" E a distance of 68.94 feet from the easterly terminus of the first course in the description of Parcel 1, running thence N 70Á 49' 40" E and along other lands of the grantee, a distance of 726.63 feet to a point, marked by an iron in the west boundary of lands of the New York Central & Hudson River Railroad Auburn Branch; running thence N 19Á 17' 20" W and along the westerly bounds of said Railroad a distance of 391.29 feet to a point, marked by an iron; running thence S 70Á 41' 30" W a distance of 856.10 feet to a point, marked by an existing iron in the easterly bounds of said New York Central & Hudson River Railroad Batavia Branch; running thence S 37Á 40' 30" E along the easterly bounds of said New York Central & Hudson River Railroad Batavia Branch a distance of 410.47 feet to the point or place of beginning.

PARCEL 3 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows: Commencing at a point in the north line of Buffalo Street where the same is intersected by the west line of the Penn Central Railroad Auburn Branch and thence running (1) S 70Á 25' 10" W, along the north line of Buffalo Street a distance of 516.06 feet to a point in the east line of the Penn Central Railroad Batavia Branch; thence (2) N 37Á 42' 55" W along the easterly line of Batavia Branch of the railroad a distance of 758.52 feet to a point; thence (3) N 70Á 25' 10" E a distance of 743.79 feet to a point in the west line of the Auburn Branch of the railroad; thence (4) S 19Á 36' 35" E along said west line of the Auburn Branch of the railroad distance of 379.37 feet to a point; thence (5) N 70Á 25'10" E a distance of 8.00 feet to a point; thence (6) S 19Á 36' 35" E a distance of 341.48 feet to a point on the north line of Buffalo Street and the place of beginning.

PARCEL 4 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario and State of New York, bounded and described as follows: Beginning at a point at a corner in the general easterly line of land of Canandaigua Industries Co., Inc., distant 341.48 feet measured N 19Á 36' 36" W along said easterly line, from the northerly line of Buffalo Street at a point therein distant 1200 feet, more or less, measured westwardly, along said line of Buffalo Street, from the westerly line of Main Street; Extending from said beginning point the following eight courses and distances, the first four thereof being along said general easterly line of lands of Canandaigua Industries Co., Inc.: (1) S 70Á 25' 10" W 8.00 feet to an iron; (2) N 19Á 36' 35" W, 379.37 feet to a spike set in a railroad tie; (3) S 70Á 25' 10" W, 17.00 feet to an iron stake; and (4) N 19Á 38' 00" W, 164.00 feet to an iron stake; thence the following four courses and distances by remaining land of Penn Central Transportation Company: (5) N 70Á 22' 00" E, 33.00 feet to an iron stake; (6) S 19Á 38' 00" E, 164.02 feet to an iron stake; (7) S 19Á 36' 35" E, 379.37 feet to an iron stake; and (8) S 70Á 23' 25" W, 8.00 feet to the place of beginning.

PARCEL 5 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario, State of New York, all as shown on a map entitled "8.512 acre parcel to be conveyed to Constellation Brands, Inc. by Meridian Automotive Systems, Inc.", prepared by Costich Engineering, P.C., having drawing number 3203-A, dated 6/18/2003, and being more particularly bounded and described as follows: Commencing at a point on the south right-of-way line of North (66.0' R.O.W.) Street said point being the northwest corner of lands now or formerly owned by Cambridge Acquisition Corp, having T.A. # 070.19-01-04.2 and the northeast corner of lands now or formerly owned by Cambridge Acquisition Corp having T.A. 070.19-01-03; thence A. S38Á37'53"E, along the aforementioned common property line a distance of 772.95 feet to the point and place of beginning; thence 1. S38Á37'53"E, a distance of 772.95 feet to a point; thence 2. S62Á34'17"W, a distance of 440.56 feet to a point; thence 3. N45Á24'43"W, a distance of 531.72 feet to a point of curvature; thence 4. Northwesterly on a curve to the left having a delta angle of 02Á38'31", a radius of 5,786.16 feet, and an arc length of 266.80 feet, said curve also having a chord of N46Á44'17"W, 266.78 feet to a point; thence 5. N62Á29'47"E, a distance of 542.77 feet to the point and place of beginning. Containing 8.512 acres of land, more or less.

PARCEL 6 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Canandaigua, County of Ontario, State of New York, bounded and described as follows: Beginning at a point in the west line of Finger Lakes Railway Corp., said point being the northwest corner of a parcel of land conveyed by George P. Baker, Richard C. Bond and Jervis Langdon, Jr., Trustees of the Property of Penn Central Transportation Company, Debtor to Canandaigua Wine Company, Inc., Liber 729 of Deeds at page 95 and proceeding thence, N 19Á 38' 00" W, along the west line of Finger Lakes Railway Corp., for a distance of 227.29 feet to a point in the north line of lands of Ontario County Industrial Development Agency, Liber 1096 of Deeds at page 335; thence, N 70Á 17' 00" F, for a distance of 38.00 feet to a point; thence, S 19Á 38' 00" E, through lands of Finger Lakes Railway Corp. for a distance of 227.35 feet to a point; thence, S 70Á 22' 00" W, for a distance of 38.00 feet to the point and place of beginning and containing 0.198 acre of land.

PARCEL 7 ALL THAT PROPERTY situate in the City of Canandaigua, County of Ontario and State of New York and being all of the right, title and interest of The Owasco River Railway, Inc., in and to all those certain pieces or parcels of land and premises, easements, rights of way and any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along that portion of a branch of railroad known as the Holcomb Branch which lies north of the north line of West Avenue and extends in a northwesterly direction for a distance of 7370 feet, more or less, to the center line of North Street, in said City of Canandaigua. Excepting from this conveyance so much of the said property which lies south of the south line of Buffalo Street. Excepting from this conveyance so much of the said property as described in that certain deed from Ontario County Industrial Development Agency to Meridian Automotive Systems-Composites Operation, Inc, dated November 12, 2003 and recorded in the Ontario County Clerk's Office on January 23, 2004 in Liber 1112 of Deeds at page 316. Excepting from this conveyance so much of said property lying north of the above mentioned exception parcel conveyed to Meridian Automotive Systems-Composites Operation, Inc. and the center line of North Street.

* NB Repealed upon end of termination of lease for licensee (See chapter 218 of 2020 § 5) (iii) any such premises or business constituting the overnight lodging facility located wholly within the boundaries of that tract or parcel of land situated in the borough of Manhattan, city and county of New York, beginning at a point on the northerly side of west fifty-fourth street at a point one hundred feet easterly from the intersection of the said northerly side of west fifty-fourth street and the easterly side of seventh avenue; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the center line of the block; running thence easterly and parallel with the northerly side of west fifty-fourth street and along the center line of the block fifty feet to a point; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the southerly side of west fifty-fifth street at a point distant one hundred fifty feet easterly from the intersection of the said southerly side of west fifty-fifth street and the easterly side of seventh avenue; running thence easterly along the southerly side of west fifty-fifth street thirty-one feet three inches to a point; running thence southerly and parallel with the easterly side of the seventh avenue one hundred feet five inches to the center line of the block; running thence easterly along the center line of the block and parallel with the southerly side of west fifty-fifth street, one hundred feet; running thence northerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the southerly side of west fifty-fifth street; running thence easterly along the southerly side of west fifty-fifth street twenty-one feet ten and one-half inches to a point; running thence southerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the center line of the block; running thence westerly along the center line of the block and parallel with the northerly side of west fifty-fourth street three feet one and one-half inches; running thence southerly and parallel with the easterly side of seventh avenue one hundred feet five inches to the northerly side of west fifty-fourth street at a point distant three hundred feet easterly from the intersection of the said northerly side of west fifty-fourth street and the easterly side of seventh avenue; running thence westerly and along the northerly side of west fifty-fourth street two hundred feet to the point or place of beginning, provided that such facility maintains not less than four hundred guest rooms and suites for overnight lodging, (iv) any such premises or business located on that tract or parcel of land, or any subdivision thereof, situate in the Village of Lake Placid, Town of North Elba, Essex County, New York; it being also a part of Lot No. 279, Township No. 11, Old Military Tract, Richard's Survey; it being also all of Lot No. 23 and part of Lot No. 22 as shown and designated on a certain map entitled "Map of Building Sites for Sale by B.R. Brewster" made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain map of lands of Robert J. Mahoney and wife made by G.C. Sylvester, P.E. & L.S. # 21300, dated August 4, 1964, and filed in the Essex County Clerk's Office on August 27, 1964, and more particularly bounded and described as follows; BEGINNING at the intersection of the northerly bounds of Shore Drive (formerly Mirror Street) with the westerly bounds of Park Place (formerly Rider Street) which point is also the northeast corner of Lot No. 23, from thence South 21Á50' East in the westerly bounds of Park Place a distance of 119 feet, more or less, to a lead plug in the edge of the sidewalk marking the southeast corner of Lot No. 23 and the northeast corner of Lot No. 24; from thence South 68Á00'50" West a distance of 50.05 feet to an iron pipe set in concrete at the corner of Lots 23 and 22; from thence South 65Á10'50" West a distance of 7.94 feet along the south line of Lot No. 22 to an iron pipe for a corner; from thence North 23Á21'40" West and at 17.84 feet along said line passing over a drill hole in a concrete sidewalk, and at 68.04 feet further along said line passing over an iron pipe at the southerly edge of another sidewalk, and at 1.22 feet further along said line passing over another drill hole in a sidewalk, a total distance of 119 feet, more or less, to the northerly line of Lot. No. 22; from thence easterly in the northerly line of Lot 22 and 23 to the northeast corner of Lot No. 23 and the point of beginning. Also including the lands to the center of Shore Drive included between the northerly straight line continuation of the side lines of the above described parcel, and to the center of Park Place, where they abut the above described premises SUBJECT to the use thereof for street purposes. Being the same premises conveyed by Morestuff, Inc. to Madeline Sellers by deed dated June 30, 1992, recorded in the Essex County Clerk's Office on July 10, 1992 in Book 1017 of Deeds at Page 318; (v) any such premises or business located on that certain piece or parcel of land, or any subdivision thereof, situate, lying and being in the Town of Plattsburgh, County of Clinton, State of New York and being more particularly bounded and described as follows: Starting at an iron pipe found in the easterly bounds of the highway known as the Old Military Turnpike, said iron pipe being located 910.39 feet southeasterly, as measured along the easterly bounds of said highway, from the southerly bounds of the roadway known as Industrial Parkway West, THENCE running S 31 Á 54' 33" E along the easterly bounds of said Old Military Turnpike Extension, 239.88 feet to a point marking the beginning of a curve concave to the west; thence southerly along said curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe found marking the point of beginning for the parcel herein being described, said point also marked the southerly corner of lands of Larry Garrow, et al, as described in Book 938 of Deeds at page 224; thence N 07Á 45' 4" E along the easterly bounds of said Garrow, 748.16 feet to a 3"x4" concrete monument marking the northeasterly corner of said Garrow, the northwesterly corner of the parcel herein being described and said monument also marking the southerly bounds of lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page 186; thence S 81Á 45' 28" E along a portion of the southerly bounds of said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the northeasterly corner of the parcel herein being described and also marking the northwest corner of the remaining lands now or formerly owned by said Marx and Delaura; thence S 07Á 45' 40" W along the Westerly bounds of lands now of formerly of said Marx and DeLaura and along the easterly bounds of the parcel herein being described, 560.49 feet to an iron pin; thence N 83Á 43' 21" W along a portion of the remaining lands of said Marx and DeLaura, 41.51 feet to an iron pin; thence S 08Á 31' 30" W, along a portion of the remaining lands of said Marx and Delaura, 75.01 feet to an iron pin marking northeasterly corner of lands currently owned by the Joint Council for Economic Opportunity of Plattsburgh and Clinton County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82Á 20' 32" W along a portion of the northerly bounds of said J.C.E.O., 173.50 feet to an iron pin; thence 61Á 21' 12" W, continuing along a portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron pin; thence S 07Á 45' 42" W along the westerly bounds of said J.C.E.O., 50 feet to an iron pin; thence S 66Á 48' 56" W along a portion of the northerly bounds of remaining lands of said Marx and DeLaura, 100.00 feet to an iron pipe found on the easterly bounds of the aforesaid highway, said from pipe also being located on a curve concave to the west; thence running and running northerly along the easterly bounds of the aforesaid highway and being along said curve, with the curve having a radius of 987.93 feet, 60.00 feet to the point of beginning and containing 6.905 acres of land. Being the same premises as conveyed to Ronald Marx and Alice Marx by deed of CIT Small Business Lending Corp., as agent of the administrator, U.S. Small Business Administration, an agency of the United States Government dated September 10, 2001 and recorded in the office of the Clinton County Clerk on September 21, 2001 as Instrument #135020; or (vi) any such premises or business located on the west side of New York state route 414 in military lots 64 and 75 located wholly within the boundaries of that tract or parcel of land situated in the town of Lodi, county of Seneca beginning at an iron pin on the assumed west line of New York State Route 414 on the apparent north line of lands reputedly of White (lib. 420, page 155); said iron pin also being northerly a distance of 1200 feet more or less from the centerline of South Miller Road; Thence leaving the point of beginning north 85-17'-44" west along said lands of White a distance of 2915.90 feet to an iron pin Thence north 03-52'-48" east along said lands of White, passing through an iron pin 338.36 feet distant, and continuing further along that same course a distance of 13.64 feet farther, the total distance being 352.00 feet to a point in the assumed centerline of Nellie Neal Creek; Thence in generally a north westerly direction the following courses and distances along the assumed centerline of Nellie Neal Creek; north 69-25'-11" west a distance of 189.56 feet to a point; north 63-40'-00" west a distance of 156.00 feet to a point; north 49-25'-00" west a distance of 80.00 feet to a point; south 80-21'-00" west a distance of 90.00 feet to a point; north 72-03'-00" west a distance of 566.00 feet to a point; north 68-15'-00" west a distance of 506.00 feet to a point; north 55-16'-00" west a distance of 135.00 feet to a point; south 69-18'-00" west a distance of 200.00 feet to a point; south 88-00'-00" west a distance of 170.00 feet to a point on a tie line at or near the high water line of Seneca Lake; Thence north 25-17'-00" east along said tie line a distance of 238.00 feet to an iron pipe; Thence south 82-04'-15" east along lands reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to an iron pin; Thence north 06-56'-47" east along said lands of M. Wagner a distance of 100.00 feet to an iron pipe; Thence north 09-34'-28" east along lands reputedly of Schneider (lib. 429, page 37) a distance of 50.10 feet to an iron pipe; Thence north 07-49'-11" east along lands reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an iron pipe; Thence north 82-29'-40" west along said lands of Oney a distance of 95.30 feet to an iron pipe on a tie line at or near the highwater line of Seneca Lake; Thence north 08-15'-22" east along said tie line a distance of 25.00 feet to an iron pin; Thence south 82-28'-00" east along lands reputedly of Yu (lib. 405, page 420) a distance of 96.53 feet to an iron pipe; Thence north 34-36'-59" east along said lands of Yu a distance of 95.00 feet to a point in the assumed centerline of Van Liew Creek; Thence in generally an easterly direction the following courses and distances along the assumed centerline of Van Liew Creek; north 72-46'-37" east a distance of 159.98 feet to a point; north 87-53'-00" east a distance of 94.00 feet to a point; south 71-12'-00" east a distance of 52.00 feet to a point; south 84-10'-00" east a distance of 158.00 feet to a point; south 59-51'-00" east a distance of 160.00 feet to a point; south 83-29'-00" east a distance of 187.00 feet to a point; Thence north 01-33'-40" east along lands reputedly of Hansen (lib. 515, page 205) passing through an iron pipe 32.62 feet distant, and continuing further along that same course passing through an iron pin 205.38 feet farther, and continuing still further along that same course a distance of 21.45 feet farther, the total distance being 259.45 feet to the assumed remains of a White Oak stump; Thence north 69-16'-11" east along lands reputedly of Schwartz (lib. 374, page 733) being tie lines along the top of the south bank of Campbell Creek a distance of 338.00 feet to a point; Thence south 57-17'32" east along said tie line a distance of 136.60 feet to a point; Thence south 74-45'-00" east along said tie line a distance of 100.00 feet to an iron pin; Thence north 04-46'-00" east along said lands of Schwartz a distance of 100.00 feet to a point in the assumed centerline of Campbell Creek; Thence in generally an easterly direction the following courses and distances along the assumed centerline of Campbell Creek; south 71-34'-00" east a distance of 330.00 feet to a point; north 76-53'-00" east a distance of 180.00 feet to a point; north 83-05'00" east a distance of 230.00 feet to a point; south 66-44'-00" east a distance of 90.00 feet to a point; south 81-10'-00" east a distance of 240.00 feet to a point; south 45-29'-15" east a distance of 73.18 feet to a point; Thence south 05-25'-50" west along lands reputedly of Stanley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point on the assumed north line of Military Lot 75; Thence south 84-34'-10" east along said lands of Wagner and the assumed north line of Military Lot 75 a distance of 1195.06 feet to an iron pin; Thence south O6-57'52" west along said lands of M. Wagner (lib. 414, page 267) passing through an iron pin 215.58 feet distant, and continuing further along that same course a distance of 20.59 feet farther, the total distance being 236.17 feet to a point in the assumed centerline of Campbell Creek; Thence in generally a south easterly direction the following course and distances along the assumed centerline of Campbell Creek; north 78-23'-09" east a distance of 29.99 feet to a point; south 46-09'-15" east a distance of 65.24 feet to a point; north 85-55'-09" east a distance of 60.10 feet to a point; south 61-59'-50" east a distance of 206.91 feet to a point; north 63-58'-27" east a distance of 43.12 feet to a point; south 28-51'-21" east a distance of 47.72 feet to a point; south 15-14'-08" west a distance of 33.42 feet to a point; south 79-16'-32" east a distance of 255.15 feet to a point; south 62-19'-46" east a distance of 75.82 feet to a point; north 76-10'-42" east a distance of 99.60 feet to a point; north 82-12'55" east a distance of 86.00 feet to a point; south 44-13'53" east a distance of 64.08 feet to a point; north 67-52'-46" east a distance of 73.98 feet to a point; north 88-13'-13" east a distance of 34.64 feet to a point on the assumed west line of New York State Route 414; Thence south 20-13'-30" east along the assumed west line of New York State Route 414 a distance of 248.04 feet to a concrete monument; Thence south 02-10'-30" west along said road line a distance of 322.90 feet to an iron pin; Thence 13-14'-50" west along said road line a distance of 487.41 feet to an iron pin, said iron pin being the point and place of beginning;

Comprising an area of 126.807 acres of land according to a survey completed by Michael D. Karlsen entitled "Plan Owned by Stanley A. Wagner" known as Parcel A of Job number 98-505.

This survey is subject to all utility easements and easements and right-of-ways of record which may affect the parcel of land.

This survey is also subject to the rights of the public in and to lands herein referred to as New York State Route 414.

This survey intends to describe a portion of the premises as conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10, 1989 in Liber 450 of deeds, at Page 286.

This survey also intends to describe a portion of the premises as conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded April 30, 1980 in Liber 385 of Deeds, at Page 203. ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of New York State Route 414 in Military Lot 75 in the Town of Lodi, County of Seneca, State of New York bounded and described as follows:

Beginning at an iron pin on the assumed east line of New York State Route 414, said iron pin being north 50-44'-57" east a distance of 274.92 feet from the south east corner of the parcel of land herein above described; Thence leaving the point of beginning north 00-26'01" east along a mathematical tie line a distance of 504.91 feet to an iron pin; Thence south 37-00'-20" east along lands reputedly of Tomberelli (lib. 419, page 243) passing through an iron pin 176.00 feet distant, and continuing further along that same course a distance of 2.01 feet farther, the total distance being 178.01 feet to a point; Thence south 09-03'-55" west along lands reputedly of M. Wagner (lib. 491, page 181) a distance of 68.19 feet to an iron pipe; Thence south 15-36'-04" west along said lands of M. Wagner a distance of 300.15 feet to an iron pipe; Thence south 72-04'-59" west along said lands of M. Wagner a distance of 20.49 feet to an iron pin, said iron pin being the point and place of beginning.

Comprising an area of 0.727 acre of lands according to a survey completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley A. Wagner" known as Parcel B of job number 98-505.

This survey is subject to all utility easements and easements and right-of-ways of record which may affect this parcel of land.

This survey is also subject to the rights of the public in and to lands herein referred to as New York State Route 414.

This survey intends to describe the same premises as conveyed by Henry W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page 92.

This survey also intends to describe a portion of the premises as conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of this paragraph shall not apply to any premises or business located wholly within the following described parcel: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Corning, County of Steuben and State of New York bounded and described as follows: Beginning at an iron pin situate at the terminus of the westerly line of Townley Avenue at its intersection with the southwesterly line of New York State Route 17; thence S 00Á 45' 18" E along the westerly line of Townley Avenue, a distance of 256.09 feet to a point; thence S 89Á 02' 07" W through an iron pin placed at a distance of 200.00 feet, a total distance of 300.00 feet to an iron pin; thence N 00Á 59' 17" W a distance of 47.13 feet to an iron pin; thence S 89Á 02' 07" W a distance of 114.56 feet to a point situate in the southeast corner of Parcel A-2 as set forth on a survey map hereinafter described; thence N 14Á 18' 49" E a distance of 124.40 feet to an iron pin situate at the southeast corner of lands now or formerly of Cicci (Liber 923, Page 771); thence N 14Á 18' 49" E a distance of 76.46 feet to an iron pin; thence N 00Á 57' 53" W a distance of 26.25 feet to an iron pin marking the southeast corner of parcel A-1 as set forth on the hereinafter described survey map; thence N 00Á 58' 01" W a distance of 166.00 to an iron pin situate at the northeast corner of said Parcel A-1, which pin also marks the southeast corner of lands now or formerly of Becraft (Liber 1048, Page 1086); thence N 00Á 57' 53" W a distance of 106.00 feet to an iron pin situate in the southerly line of lands now or formerly of the United States Postal Service; thence N 89Á 02' 07" E along the southerly line of said United States Postal Service a distance of 81.47 feet to a point; thence N 14Á 18' 49" E along the easterly line of said United States Postal Service a distance of 114.29 feet to an iron pin situate in the southwesterly line of New York State Route 17; thence S 32Á 00' 31" E along the southwesterly line of New York State Route 17, a distance of 358.93 feet to an iron pin; thence continuing along the southwesterly line of New York state Route 17, S 38Á 30' 04" E a distance of 108.18 feet to the iron pin marking the place of beginning. Said premises are set forth and shown as approximately 4.026 acres of land designated as Parcel A (excluding Parcels A-1 and A-2) on a survey map entitled "As-Built Survey of Lands of New York Inn, LLC, City of Corning, Steuben County, New York" by Weiler Associates, dated December 27, 2001, designated Job No. 12462; or (vii) any such premises or businesses located on that certain plot, piece or parcel of land, situate, lying and being in the Second Ward of the City of Schenectady, on the Northerly side of Union Street, bounded and described as follows: to wit; Beginning at the Southeasterly corner of the lands lately owned by Elisha L. Freeman and now by Albert Shear; and running from thence Easterly along the line of Union Street, 44 feet to the lands now owned by or in the possession of James G. Van Vorst; thence Northerly in a straight line along the last mentioned lands and the lands of the late John Lake, 102 feet to the lands of one Miss Rodgers; thence Westerly along the line of the last mentioned lands of said Rodgers to the lands of the said Shear; and thence Southerly along the lands of said Shear 101 feet, 6 inches to Union Street, the place of beginning.

Also all that tract or parcel of land, with the buildings thereon, situate in the City of Schenectady, County of Schenectady, and State of New York, situate in the First, formerly the Second Ward of the said City, on the Northerly side of Union Street, which was conveyed by William Meeker and wife to Elisha L. Freeman by deed dated the second day of December 1843, and recorded in the Clerk's Office of Schenectady County on December 5, 1843, in Book V of Deeds at page 392, which lot in said deed is bounded and described as follows: Beginning at a point in the Northerly line of Union Street where it is intersected by the Easterly line of property numbered 235 Union Street, which is hereby conveyed, and running thence Northerly along the Easterly line of said property, One Hundred Forty and Five-tenths (140.5) feet to a point sixteen (16) feet Southerly from the Southerly line of the new garage built upon land adjoining on the North; thence Westerly parallel with said garage, Forty-six and Seven-tenths (46.7) feet; thence Southerly One Hundred Forty and Eight-tenths (140.8) feet to the Northerly margin of Union Street; thence Easterly along the Northerly margin of Union Street, about Forty-eight and three-tenths (48.3) feet to the point or place of beginning.

The two above parcels are together more particularly described as follows:

All that parcel of land in the City of Schenectady beginning at a point in the northerly margin of Union Street at the southwesterly corner of lands now or formerly of Friedman (Deed Book 636 at page 423) which point is about 60 feet westerly of the westerly line of North College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet to the southeasterly corner of other lands now or formerly of Friedman (Deed Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet to the southwesterly corner of lands now or formerly of Stockade Associates (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to lands now or formerly of McCarthy (Deed Book 1129 at page 281); thence along McCarthy S. 00 deg. 52' 02" E. 3.69 feet to the northwesterly corner of lands now or formerly of SONYMA (Deed Book 1502 at page 621); thence along lands of SONYMA S. 02 deg 24' 56" W.34.75 feet to a corner; thence still along lands of SONYMA and lands now or formerly of Magee (Deed Book 399 at page 165) S. 86 deg. 11' 52" E. 42.57 feet to a corner; thence still along lands of Magee and Lands of Friedman first above mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.

Excepting and reserving all that portion of the above parcel lying easterly of a line described as follows:

All that tract or parcel of land, situated in the City of Schenectady and County of Schenectady and State of New York, on the Northerly side of Union Street bounded and described as follows:

Beginning at a point in the northerly line of Union Street, said point being in the division line between lands now or formerly of Electric Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or formerly of Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees under Will of Ruth F. Wexler (Street number 241 Union Street) on the East; thence North 03 deg. 04' 10" East, along the building known as Street No. 241 Union Street, a distance of 30.50 feet to a point; thence North 88 deg. 45' 45" West, along said building and building eve, a distance of 5.62 feet to a point; thence North 03 deg. 03' 30" East, along said building eve of Street No. 241 Union Street, a distance of 32.74 feet; thence South 88 deg. 45' 45" East, along said building eve, a distance of 1.2 feet to an intersection of building corner of Street No. 241 Union Street and a brick wall; thence north 03 deg. 37' 30" East, along said brick wall, a distance of 14.47 feet to a point in the corner of the brick wall, thence South 86 deg. 46' 45" East along said brick wall a distance of 4.42 feet to the intersection of brick wall with the boundary line between the Electric Brew Pubs, Inc. (aforesaid) on the West and lands of Margaret Wexler and Donna Lee Wexler Pavlovic, (aforesaid) on the East; thence North 03 deg 10' 08" East a distance of 0.62 feet to the Northeast corner of lands belonging to Margaret Wexler and Donna Lee Wexler Pavlovic.

Also all that tract or parcel of land commonly known as the Union Street School, located on the Northeasterly corner of Union and North College Streets in the First Ward of the City and County of Schenectady and State of New York, more particularly bounded and described as follows: Beginning at a point in the Northerly street line of Union Street where it is intersected by the Easterly street line of North College Street, and runs thence Northerly along the Easterly street line of North College Street, one hundred seven and five-tenths (107.5) feet to a point, thence easterly at an angle of ninety (90) degrees, one hundred ninety-one and seventy-five hundredths (191.75) feet to a point in the Northwesterly street line of Erie Boulevard thence southwesterly along the Northwesterly street line of Erie Boulevard, one hundred twenty-three and eight-tenths (123.8) feet to its intersection with the Northerly street line of Union Street; thence Westerly along the Northerly street line of Union Street, one hundred twenty-four and fifty-five hundredths (124.55) feet to the point or place of beginning.

The above described parcel of property includes the Blue Line parcel of land, which is a portion of the abandoned Erie Canal Lands, located in the First Ward of the City of Schenectady, New York, and which Blue Line parcel lies between the Northwesterly line of Erie Boulevard as set forth in the above described premises and the Northeasterly lot line of the old Union Street School as it runs parallel with the Northwesterly line of Erie Boulevard as aforesaid.

The two above parcels are together more particularly described as follows: All that parcel of land in the City of Schenectady beginning at a point in the northerly margin of Union Street and the northwesterly margin of Erie Boulevard and runs thence along Union Street N. 86 deg. 42' 20" W. 124.55 feet to the easterly margin of North College Street; thence along North College Street N. 05 deg 04' 40" E. 107.50 feet to the southeasterly corner of lands now or formerly of McCarthy (Deed Book 1129 at page 279); thence along McCarthy, Cottage Alley and lands now or formerly of McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E. 191.75 feet to the northwesterly margin of Erie Boulevard; thence along Erie Boulevard S. 38 deg. 03' 53" W. 123.54 feet to the point of beginning; or (viii) any such premises or businesses located on that tract or parcel of land situate in the Town of Hopewell, Ontario County, State of New York, bounded and described as follows: Commencing at a 5/8" rebar found on the division line between lands now or formerly of Ontario County – Finger Lakes Community College (Liber 698 of Deeds, Page 466) on the north and lands now or formerly of James W. Baird (Liber 768 of Deeds, Page 1109) on the south; thence, North 43Á-33'-40" West, on said division line, a distance of 77.32 feet to the Point of Beginning. Thence, North 43Á-33'-40" West, continuing on said division line and through said lands of Ontario County, a distance of 520.45 feet to a point on the southeasterly edge of an existing concrete pad; thence, South 74Á-19'-53" West, along said edge of concrete and the projection thereof, a distance of 198.78 feet to a point on the easterly edge of pavement of an existing campus drive; thence, the following two (2) courses and distances along said edge of pavement: Northeasterly on a curve to the left having a radius of 2221.65 feet, a chord bearing of North 30Á-16'-39" East, a chord distance of 280.79, a central angle of 07Á-14'-47", a length of 280.98 feet to a point of reverse curvature; thence, Northeasterly on a curve to the right having a radius of 843.42 feet, a chord bearing of North 45Á-25'-09" East, a chord distance of 534.08, a central angle of 36Á-55'-01", a length of 543.43 feet to a point; thence, South 30Á-04'-59" East, a distance of 18.28 feet to the corner of the property acquired by Ontario County (Liber 766 of Deeds, Page 1112), as shown on a map recorded in the Ontario County Clerk's Office as Map No. 6313; thence, the following four (4) courses and distances along said property line: South 30Á-04'-59" East, a distance of 177.17 feet to a point; thence, South 02Á-20'-33" East, a distance of 147.53 feet to a point; thence, South 41Á-31'-35" East, a distance of 200.93 feet to a point; thence, South 23Á-48'-53" West, along said property line, and the projection thereof, through the first said lands of Ontario County – Finger Lakes Community College (Liber 698 of Deeds, Page 466), a distance of 517.96 feet to Point of Beginning. Said parcel containing 7.834 acres, more or less, as shown on a map entitled "Proposed Lease Area – Friends of the Finger Lakes Performing Arts Center, Hopewell, NY", prepared by Bergmann Associates, drawing LM-01, dated June 10, 2005, last revised August 17, 2005. The related PAC Properties are shown on the Map denominated "FLCC Campus Property, FLPAC Ground Lease, Parking, Vehicular & Pedestrian Access", recorded in the Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds at page 9 and are comprised of the areas separately labeled as Parking Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and the Entry Roads; or (ix) any such premises or businesses located on that tract or parcel of land situate lying and being in the Town of Oneonta, County of Otsego and State of New York and being a portion of Otsego County Tax Map Department Parcel Number 287.00-1-33 and bounded and described as follows: Beginning at a point 2.12 feet off the northeasterly corner of a one story building on the lands, now or formerly, of Abner Doubleday, LLC, aka Cooperstown All Star Village, LLC, as owned by Martin and Brenda Patton, which point lies N 87Á55'13" W a distance of 149.37' from the northeast corner of the Patton lands; thence N 74Á30'18" W a distance of 51.50 feet to a point; thence S 15Á29'42" W a distance of 2.00 feet to a point; thence N 74Á30'18" W a distance of 14.00 feet to a point; thence S 15Á29'42" W a distance of 19.20 feet to a point; thence S 74Á30'18" E a distance of 14.20 feet to a point; thence S 15Á29'42" W a distance of 4.20 feet; thence S 74Á30'18" E a distance of 51.30 feet to a point; thence N 15Á29'42" E a distance of 25.40 feet to a point to the point and place of beginning. Containing an area of 1576.06 square feet, or 0.036 acres with such bearings referencing Magnetic North 1995. This survey is subject to any rights of way or easements which may have been granted to utility companies; or (x) Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under section fifty-one-a of this chapter to the owner and/or operator of the parcel described in this subparagraph. The legal description for the parcel so identified as the site is as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the city of Syracuse, County of Onondaga and State of New York being more particularly described as follows:

Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65 feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 77.63 feet and a chord of S. 16Á 43' 54" E. with a distance of 77.58' to the point of tangency; thence S. 13Á 17' 52" E. a distance of 265.92 feet to a point; thence on a curve to the right with a radius of 55 feet, an arc length of 57.02 feet and a chord of S. 16Á 23' 37" W. with a distance of 54.53 feet to the point of tangency; thence S. 59Á 31' 29" W. a distance of 24.64 feet to a point; thence S. 71Á 26' 56" W. a distance of 142.18 feet to a point in the easterly line of N. Clinton Street; thence N. 28Á 09' 10" W. a distance of 364.86 feet to the point and place of beginning. Said parcel being approximately 1.99 acres. The aforesaid described parcel is also shown as Lot "1B" (331 Genant Drive) according to a map entitled "A Map of Resubdivision of a portion of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, Known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's office on May 28, 2002 as Map No. 9408.

EXCEPTING AND RESERVING THEREFROM, a permanent easement and right-of-way benefiting Niagara Mohawk Power Corporation, its successors and assigns, upon and across that portion of the above described premises more particularly described as follows:

Beginning at a point in the easterly line of North Clinton Street, said point being approximately 518.65 feet southerly along the easterly line of North Clinton Street from its intersection with the southerly line of Division Street; thence N. 76Á 43' 56" E. a distance of 133.65 feet to a point; thence N. 53Á 11' 01" E. a distance of 142.28 feet to a point; thence N. 71Á 07' 02" E a distance of 16.99 feet to a point in the westerly line of Genant Drive; thence southeasterly along the westerly line of Genant Drive on a curve to the right with a radius of 643.94 feet, an arc length of 68.17 feet to a point which is the northeast corner of the Multi-Story Brick Building located on Lot "1B" (311 Genant Drive) as shown on a map entitled "A Map of a Resubdivision of a portion Of Block D in the Original Village of Syracuse into Lots 1A and 1B, City of Syracuse, Onondaga County, State of New York, known as 431 and 311 Genant Drive" by James M. Zuccolotto, Licensed Land Surveyor, dated March 20, 2001 and last revised May 21, 2002, and filed in the Onondaga County Clerk's Office on May 28, 2002 as Map No. 9408 (the "Subdivision Map"); thence along the northerly line of said Multi-Story Brick Building S. 76Á 52' 55" W. a distance 283.21 feet to the easterly line of North Clinton Street; thence N. 27Á 59' 42" W. a distance of 9.8' to the point and place of beginning. Said easement and right-of-way shall be a permanent easement appurtenant, creating a property right which shall run with the land, for the purpose of ingress and egress by Niagara Mohawk Power Corporation, its successors and assigns to the benefited parcel, identified as the Ash Street Substation located on lot 1A (431 Genant Drive) as shown on the Subdivision Map, and to access, maintain, repair, replace and remove the transformer and containment pad and the two vaults, shown on the Subdivision Map, and any appurtenant facilities or other property of Niagara Mohawk Power Corporation located within said easement, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map and located in the easement area are part of the real property conveyed herein and shall not be deemed to be property of Niagara Mohawk Power Corporation.

ALSO EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, from the parcel(s) described in this deed, the permanent right-of-way and easement to operate, maintain, replace and/or remove any and all existing gas and electric facilities, and all appurtenant facilities thereto, as are now erected upon the premises above described, including the full right, privileges and authority to cross lands of the party of the second part to gain access to said facilities, and also including the full right, privileges and authority to cut and remove all trees, structures, and other obstructions within the permanent right-of-way, together with the right to cut and remove any trees outside the permanent right-of-way which in the sole opinion of Niagara Mohawk Power Corporation, its successors and assigns, are deemed likely to interfere with or pose a hazard to the facilities, provided that the Multi-Story Brick Building, stairs and two air conditioning units shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this Right-of-Way and Easement.

ALSO, EXCEPTING AND RESERVING to Niagara Mohawk Power Corporation, its successors and assigns, the permanent right-of-way and easement to operate, maintain, build, construct, replace and/or remove electric and gas distribution facilities within ten (10) feet of the edge of any highway(s) abutting the premises herein deemed necessary by said Niagara Mohawk Power Corporation, its successors and assigns, said easement to include the full right, privilege and authority to cut and remove all trees, structures, and obstructions within said easement deemed necessary by Niagara Mohawk Power Corporation, provided that the Multi-Story Brick Building shown on the Subdivision Map shall not be removed or modified by Niagara Mohawk Power Corporation, its successors and assigns, pursuant to this right-of-way and easement; or (xi) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Greenburgh, County of Westchester and State of New York, being bounded and described as follows:

BEGINNING at a point on the easterly side of Saw Mill River Road where the same is intersected by the division line between premises hereinafter described and lands now or formerly of One Riverdale Ave. Development Co., Inc., said point being North 11 Degrees 23' 24" West 22.83 feet from the former North East corner of Saw Mill River Road and Hunter Lane;

THENCE along said division line, North 82 Degrees 18' 00" East 647.08 feet to land now or formerly of One Riverdale Ave. Development Co., Inc.;

THENCE northerly along same, North 7 Degrees 42' 00" West 351.52 feet and North 10 Degrees 15' 00" West 282.50 feet to the southeast corner of lands now or formerly of Hodes Daniels;

THENCE westerly along same, South 80 Degrees 34' 00" West 85.00 feet, South 9 Degrees 26' 00" East 40.52 feet, South 80 Degrees 35' 00" West 120.56 feet, and South 81 Degrees 15' 00" West 485.74 feet to the east side of Saw Mill River Road;

THENCE southerly along same, South 18 Degrees 17' 40" East 150.40 feet and South 11 Degrees 23' 24" East 431.17 feet to the point of BEGINNING; or

(xii) ALSO ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Tenth Ward of the City of Troy, County of Rensselaer and State of New York, known as Lots Number Seven (7), A Seven (A7), Six (6), A Six (A6), Five (5), A Five (A5) and the southerly portions of Lots Four (4) and A Four (A4), as the same are laid down and described on a certain Map made by Frederick W. Orr, dated August 15, 1918, filed in the Office of the Clerk of the County of Rensselaer as Map No. 29 1/2, Drawer 18. The said premises hereby intended to be conveyed are bounded and described as follows:

COMMENCING at an iron rod in the westerly side of River Street at the most southeasterly corner of premises heretofore conveyed by Harry Goldberg and Norman Goldberg to Arthur E. Collins and another, by Deed dated November 8, 1940, recorded November 12, 1940 In the Office of the Clerk of the County of Rensselaer in Book 633 of Deeds at page 400 and running thence southerly along the westerly line of River Street 215.6 feet to a pipe in the most southeasterly corner of Lot No. A7; thence westerly along the southerly line of Lots Nos. A7 and 7, 163 feet more or less to the easterly shore of the Hudson River; thence northerly along the easterly shore of the Hudson River 216 feet more or less to the most southwesterly corner of land heretofore conveyed by the said Harry Goldberg and Norman Goldberg to Arthur E. Collins and another hereinbefore recited; thence along the southerly line of lands heretofore conveyed to said Collins and another easterly 31.75 feet; thence northerly 6.33 feet; thence easterly 18 feet; thence southerly 6.33 feet; thence easterly 150.57 feet to the point or place of beginning.

EXCEPTING THEREFROM that portion of the above described premises as were conveyed by John B. Garrett, Inc. to Cahill Orthopedic Laboratory, Inc. by deed dated June 22, 1993 and recorded in the Rensselaer County Clerk's Office on June 24, 1993 in Book 1690 of Deeds at Page 215,

Containing 17,600 square feet of land more or less.

BEARINGS refer to the magnetic meridian of 1993. Said premises are also described as follows: Ward & Plate: 1005500 669 RIVER ST: frontage and depth 115.60 x 220.00 being the same premises described in Book 6534 of Deeds at Page 256 in the Rensselaer County Clerk's Office and being the same premises in the 2009 City of Troy Assessment Rolls and 90.78-3-2.1 In Rem Serial No. AY0054 (RIVERVIEW PROPERTIES INC; CORINA, ANGELO; MCLAUGHLIN, JOHN D & VASIL, SCOTT); and being further bounded and described as follows: BEGINNING at a point marked by a capped iron rod where the division line between lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) on the northeast and lands herein described on the southwest intersects the northwesterly side of River Street; running thence South 40Á 01' 52" West along the northwesterly side of River Street a distance of 100.00 feet to a point; thence North 49Á 45' 31" West a distance of 41.97 feet to a point at the southwesterly corner of the building located on the herein described premises, said point also being the northeasterly corner of the building located on the property adjoining on the southwest; thence North 60Á 59' 40" West along the building wall located on the property adjoining on the southwest and the northwesterly continuation of same a distance of 140.88 feet to the easterly shore of the Hudson River; thence North 30Á 16' 52" East along the shore of the Hudson River a distance of 90.90 feet to a point; thence South 60Á 44' 08" East along lands now or formerly of Walter Snyder Printer, Inc. (Liber 1334, Page 861) a distance of 31.75 feet to a point; thence North 30Á 16' 52" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60Á 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc a distance of 18.00 feet to a point; thence South 30Á 16' 52" West continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 6.33 feet to a point; thence South 60Á 44' 08" East continuing along lands now or formerly of Walter Snyder Printer, Inc. a distance of 149.40 feet to the point and place of beginning. Be the aforesaid dimensions in this clause more or less and encompassing lands considered to be a single contiguous parcel.

The provisions of this paragraph shall not apply to any premises licensed under section sixty-four of this chapter in which a manufacturer or wholesaler holds a direct or indirect interest, provided that: (I) said premises consist of an interactive entertainment facility which predominantly offers interactive computer and video entertainment attractions, and other games and also offers themed merchandise and food and beverages, (II) the sale of alcoholic beverages within the premises shall be restricted to an area consisting of not more than twenty-five percent of the total interior floor area of the premises, (III) the retail licenses shall derive not less than sixty-five percent of the total revenue generated by the facility from interactive video entertainment activities and other games, including related attractions and sales of merchandise other than food and alcoholic beverages, (IV) the interested manufacturer or wholesaler, or its parent company, shall be listed on a national securities exchange and its direct or indirect equity interest in the retail licensee shall not exceed twenty-five percent, (V) no more than fifteen percent of said licensee's purchases of alcoholic beverages for sale in the premises shall be products produced or distributed by the manufacturer or wholesaler, (VI) neither the name of the manufacturer or wholesaler nor the name of any brand of alcoholic beverage produced or distributed by said manufacturer or wholesaler shall be part of the name of the premises, (VII) the name of the manufacturer or wholesaler or the name of products sold or distributed by such manufacturer or wholesaler shall not be identified on signage affixed to either the interior or the exterior of the premises in any fashion, (VIII) promotions involving alcoholic beverages produced or distributed by the manufacturer or wholesaler are not held in such premises and further, retail and consumer advertising specialties bearing the name of the manufacturer or wholesaler or the name of alcoholic beverages produced or distributed by the manufacturer or wholesaler are not utilized in any fashion, given away or sold in said premises, and (IX) except to the extent provided in this paragraph, the licensing of each premises covered by this exception is subject to all provisions of section sixty-four of this chapter, including but not limited to liquor authority approval of the specific location thereof. The provisions of this paragraph shall not prohibit (1) a manufacturer or wholesaler, if an individual, or a partner, of a partnership, or, if a corporation, an officer or director thereof, from being an officer or director of a duly licensed charitable organization which is the holder of a license for on-premises consumption under this chapter, nor (2) a manufacturer from acquiring any such premises if the liquor authority first consents thereto after determining, upon such proofs as it shall deem sufficient, that such premises is contiguous to the licensed premises of such manufacturer, and is reasonably necessary for the expansion of the facilities of such manufacturer. After any such acquisition, it shall be illegal for a manufacturer acquiring any such premises to sell or deliver alcoholic beverages manufactured by him to any licensee occupying such premises; or

(xiii) any such premises or business located in the Town of Carmel, County of Putnam, State of New York, and being more particularly bounded and described as follows:

BEGINNING at a point on the westerly side of U.S. Route 6 where the same is intersected by Lot No. 1 as shown on "Minor Subdivision Plat Prepared for Hinckley Holdings LLC Between Tax Lots 55.10-1-1, 55.10-1-3 & 55.6-1-53," filed in the Putnam County Clerks' office on July 18, 2018 as filed map no. 3196 and lands now or formerly of the Putnam County Bike path; THENCE from said point of beginning along the westerly side of U.S. Route 6, S 14Á 39' 25" E 16.79' to the intersection of Lot Nos. 1 & 3 as shown on the aforementioned filed map no. 3196; THENCE along the dividing line between Lot Nos. 1 & 3 as shown on the aforementioned filed map no. 3196, S 75Á 20' 35" W 6.53' to a point on a curve to the right; THENCE along said curve to the right with a radius of 150.00', a length of 49.19' and a central angle of 18Á 47' 25" to a point; thence N 85Á 52' 00" W 743.76', S 2Á 05' 46" W 866.14' and N 88Á 19' 25" W 258.90' to a point at the intersection of Lot Nos. 1, 2, & 3 as shown on the aforementioned filed map no. 3196; THENCE along the dividing line between Lot Nos. 1 & 2 as shown on the aforementioned filed map no. 3196, N 28Á 38' 52" W 218.96' and N 77Á 16' 24" W 239.77' to a point on a curve to the right; THENCE along said curve to the right with a radial bearing of S 84Á 14' 21" E, a radius of 150.00', a length of 14.91' and a central angle of 5Á 41' 49" to a point; thence N 11Á 27' 28" E 300.64' to a point on a curve to the left; THENCE along said curve to the left with a radius of 70.00', a length of 121.16' and a central angle of 99Á 10' 18" to a point; THENCE N 87Á 42' 50" W 58.65' to a point on the easterly side of Seminary Hill Road; THENCE along the easterly side of Seminary Hill Road, N 24Á 43' 45" E 16.72', N 22Á 06' 20" E 413.76', N 31Á 12' 50" E 6.29', N 43Á 03' 10" E 4.16' and N 42Á 32' 19" E 6.72' to a point at the intersection of Lot No. 1 as shown on the aforementioned filed map no. 3196 and lands now or formerly of the Putnam County Bikepath; THENCE along the dividing line between Lot No. 1 as shown on the aforementioned filed map no. 3196 and lands now or formerly of the Putnam County Bikepath, N 63Á 24' 48" E 12.80', N 72Á 52' 19" E 17.05', S 68Á 45' 13" E 41.08', S 88Á 19' 31" E 215.42', S 29Á 05' 17" E 71.85', S 74Á 05' 17" E 393.67' and S 85Á 52' 00" E 617.85' to the point and place of BEGINNING. Containing within said bounds 13.003 acres of land more or less.

* (xiv) ALSO ALL THOSE TRACT OR PARCEL OF LAND, situate, lying and being in the Village of South Glens Falls, County of Saratoga and State of New York, being more particularly bounded and described as follows: BEGINNING at a point at the southwest corner of the herein described parcel. Also being the southeast corner of Lands of Village of South Glens Falls (L. 1448 P. 709) and being on the north boundary of West Marion Street, thence from said point of beginning: n 21-21'-57" E 150.72 feet along lands of the Village of South Glens Falls to a point on the south boundary of South Glens Falls, thence S 67-34'-02" E 189.04 feet along lands of Village of South Glens Falls and Mounir Rahal to a point at the southeast corner of Rahal and on the west boundary of U.S. Rte. 9, thence S 21-16'-27" W 150.81 feet along Rte. 9 to a point at the intersection of the west boundary of Rte. 9 and the north boundary of West Marion Street, thence North 67-32'-32" West 189.29 feet along West Marion Street to the point and place of beginning. Said parcel containing 0.507 plus or minus acres; or

* NB There are 4 sbpar (xiv)'s

* (xiv) ALL that certain plot, piece or parcel of land, situate, lying and being a part of a condominium in the Town of East Hampton, County of Suffolk and State of New York, known and designated as Unit No. 109, together with a 6.167% undivided interest in the common elements of the condominium hereinafter described as the same is defined in the Declaration of Condominium herein after referred to.

THE Condominium Unit (hereinafter referred to as the Unit) known as a Unit, said unit being designated in the Town of East Hampton, on "Map of East Hampton Office Park Condominium" filed 2/6/91 as map No. 237, and described as Unit No 109 in a certain Declaration dated 1/22/91, made by Pantigo Office Associates, Inc. Pursuant to Article 9-B of the Real Property Law of the State of New York, establishing a plan for Condominium ownership of the Building and Land upon which the building is situate, described below, which Declaration was recorded in the Suffolk County Clerk's Office on 2/6/91 in Liber 11215 cp 01, as may be amended. Notwithstanding section one hundred seven-a of this article, the retail licensee and brand owner located at the premises described in subparagraph (xviii) of paragraph (a) of subdivision thirteen of section one hundred six of this article may designate the importer licensee located at the premises described in this subparagraph as owner of such brands for purposes of brand label registration and price scheduling under this chapter.

* NB There are 4 sbpar (xiv)'s

* (xiv) any such premises or business constituting an alcoholic beverage manufacturer or wholesaler in the town of Hyde Park, county of Dutchess owned and operated by the Culinary Institute of America, a not-for-profit 501(c)(3) higher education institution chartered by the New York state board of regents located at:

SCHEDULE A

ALL that certain tract, lot and parcel of land lying and being in the Town of Hyde Park, County of Dutchess and State of New York, being more particularly described as follows:

BEGINNING at a point on the easterly side of Albany Post Road (NYS Route 9), said point being the southwesterly corner of the herein described premises and the northwesterly corner of lands now or formerly of Traver; running thence along the said easterly side of Albany Post Road the following four (4) courses and distances: North 03Á 15' 30" East 68.91 feet, North 09Á 35' 20" East 31.09 feet, North 06Á 53' 00" East 148.62 feet, and North 12Á 25' 00" East 62.03 feet to the corner formed by the intersection of the said easterly side of Albany Post Road and the Southerly side of West Dorsey Lane; running thence along the said southerly side of West Dorsey Lane North 38Á 26' 00" East 25.02 feet, North 63Á 13' 00" East 37.83 feet, and North 67Á 25' 00" East 121.38 feet to the northwest corner of lands now or formerly of Firneiss; running thence along the westerly and southerly line of lands now or formerly of Firneiss, South 03Á 16' 59" East 179.57 feet and South 79Á 13' 59" East 121.73 feet to lands now or formerly of Maidman; running thence along the westerly line of lands now or formerly of Maidman South 28Á 34' 00" West 105.08 feet, South 32Á 18' 00", East 12.15 feet, and South 35Á 55' 00" West 193.04 feet to lands now or formerly of Traver; running thence along lands now or formerly of Traver North 68Á 00' 00" West 188.12 feet to the said easterly side of Albany Post Road, the point or place of beginning.

EXCEPTING AND RESERVING THEREFROM:

ALL that piece or parcel of property hereinafter designated as Parcel No. 72, being a portion of Section 6063-02, Parcel 987506, as shown on the Official Tax Map, situate in the Town of Hyde Park, County of Dutchess, State of New York as shown on the accompanying map and described as follows:

PARCEL NO. 72

BEGINNING at a point on the southeasterly boundary of the existing West Dorsey Lane at the intersection of the said boundary with the division line between the property of Herbert Redl (reputed owner) on the west and the property of Michael Firneiss and Margaretha Firneiss (reputed owner) on the east, said point being 160+ feet distant easterly, measured at right angles, from station H2654-74+ of the hereinafter described survey baseline for the reconstruction of the Poughkeepsie-Hyde Park State Highway No. 453; thence southerly along said division line 59+ feet to a point 168+ feet distant easterly, measured at right angles, from station H265+16+ of said baseline; thence through the property of Herbert Redl (reputed owner) the following two (2) courses and distances: (1) South 74Á 03'-27" West 68+ feet to a point 101.00 feet distant easterly, measured at right angles, from station H265+08.00 of said baseline; and (2) North 30Á 39' 40" West, 32+ feet to a point on the southerly boundary of said existing West Dorsey Lane, the last mentioned point being 86± feet distant easterly, measured at right angles, from station H265+37+ of said baseline; thence northeasterly along the last mentioned boundary of said existing West Dorsey Lane, 83+ feet to the point of beginning; being 3,327 square feet or 0.076 acre more or less.

The above mentioned survey baseline is a portion of the 1988 survey baseline for the reconstruction of the Poughkeepsie-Hyde Park, State Highway No. 453 as shown on a map and plan on file in the office of the State Department of Transportation and described as follows:

BEGINNING at a station H258+36.14; thence North 09Á 19'45" West to station H267+62.73.

ALL bearings referred to TRUE NORTH at the 74' – 20' MERIDIAN OF WEST LONGITUDE.

SUBJECT to utility company agreements, easements, covenants, conditions and restrictions of record.

SUBJECT to the following restrictions, to run with the land in perpetuity and be enforceable at law or in equity by the party of the first part, its successors and assigns:

(i) the premises may not be used, in whole or in part, for any form of live entertainment including, but not limited to, bands or DJ's, at any time; provided however, this restriction shall automatically terminate five (5) years from the date of this deed; and

(ii) if the premises are used to serve any form of alcoholic beverage, the premises must be closed for business no later than 11:59 o'clock p.m. every day; provided, however, this restriction shall automatically terminate five (5) years from the date of this deed.

The party of the second part waives and releases any claim that said restrictions are unenforceable for any reason, including the allegation that such restrictions constitute a restraint upon alienation, are an unreasonable restriction or restraint on business or economic development, are a violation of any law, regulation or right, or that they are not for the benefit of adjoining lands, or are not part of a common scheme or plan, it being clearly understood and expressly agreed by the parties that these restrictions are for the benefit of the party of the first part's other businesses and properties, for the term set forth above both now and hereafter, and that the lack of such restrictions will damage and harm the grantor, its successors and assigns. Without all of these restrictions, the party of the first part would not sell the premises to the party of the second part. In any proceeding to enforce said restrictions or prevent the violation thereof, the party of the first part shall be entitled to judgment for its costs and reasonable attorney's fees.

The parties execute this deed to acknowledge the preceding restrictions.

The premises are not in an agricultural district and are entirely owned by the transferor.

This conveyance was unanimously approved by the board of directors of the grantor corporation and all of its shareholders. This statement is made pursuant to § 909 of the Business Corporation Law.

SCHEDULE B

ALL that plot, piece or parcel of land situate and being in the Town of Hyde Park, County of Dutchess and State of New York, bounded and described as follows:

BEGINNING at a point on the westerly boundary of US Route 9, (AKA Albany Post Road), said point being the southeasterly corner of the herein described parcel and said point being the northeasterly corner of the lands now or formerly of St Andrews Chapel; thence along the division line between the herein described parcel and said lands now or formerly of St Andrews Chapel; N 75Á47'50" W 14.13 feet, N 88Á00'00" W 19.26 feet, S 89Á03'40" W 71.81 feet, N 85Á27'10" W 26.53 feet, N 78Á46'10" W 19.94 feet, N 67Á29'50" W 16.69 feet, N 59Á35'20" W 19.23 feet, N 38Á17'40" W 23.84 feet, N 24Á05'30" W 19.00 feet, N 09Á55'10" W 37.76 feet, N 14Á28'00" W 46.56 feet, N 27Á34'30" W 37.18 feet, N 41Á31'30" W 33.65 feet, N 49Á50'10" W 23.03 feet, N 53Á39'00" W 32.91 feet, S 14Á48'10" W 3.06 feet, S 44Á29'40" W 7.00 feet, S 44Á31'13" W 59.42 feet, S 49Á07'20" 18.46 feet, S 71Á48'50" W 21.08 feet, N 79Á41'00" W 22.25 feet and 12Á45'40" W 164.91 feet to a point on the northerly boundary of Marilyn C. Hoe as described in Liber 1859 of deeds at page 118; thence along the division line between the herein described parcel and said lands now or formerly of Hoe, N 77Á14'20" W 144.93 feet, N 78Á11'10" W 166.93 feet, N 77Á46'10" W 113.88 feet, N 75Á19'10Á W 99.31 feet and N 76Á27'50" W 255.82 feet to a point on the easterly bounds of the lands now or formerly of New York Central Lines LLC as described in deed document # 02-1999-5513; thence along the division line between the herein described parcel and said lands now or formerly of New York Central Lines LLC, N 07Á10'10" E 386.40 feet, S 81Á18'10" E 12.00 feet, N 08Á41'50" E 600.00 feet, N 12Á59'10" E 200.56 feet and N 08Á41'50" E 151.13 feet to the point of curvature of a non-tangent curve to the right having a radius of 3010.00 feet; thence northeasterly along said curve an arc length of 240.05 feet, having a chord bearing N 10Á57'40" E 239.98 feet to a point; thence N 76Á46'30" W 10.00 feet, N 13Á13'30" E 499.68 feet and N 02Á20'30" E 132.97 feet to the point of curvature of a non-tangent curve to the left having a radius of 4077.00 feet; thence northeasterly along said curve an arc length of 249.92 feet, having a chord bearing N 11Á02'44" E 249.88 feet to a point; thence N 25Á43'50" E 134.21 feet, N 07Á55'30" E 257.99 feet, N 07Á21'10" W 285.52 feet, N 02Á27'50" E 482.00 feet, N 47Á10'10" W 26.25 feet, N 02Á27'50" E 466.37 feet and N 87Á32'10" W 20.00 feet to the point of curvature of a non-tangent curve to the left having a radius of 3165.00 feet; thence northwesterly along said curve an arc length of 293.54 feet, having a chord bearing N 00Á11'31" W 293.43 feet to a point; thence N 01Á22'30" E 110.01 feet to the point of curvature of a non-tangent curve to the left having a radius of 3175.00 feet; thence northwesterly along said curve an arc length of 141.96 feet, having a chord bearing N 06Á06'27" W 141.95 feet to a point; thence along the division line between the herein described parcel and the lands now or formerly of the United States of America as described in deed document 402-2002-4850 and designated as Lot 1 as shown on Filed Map #10481, S 36Á25'00" E 87.53 feet, S 57Á59'40" E 52.51 feet, S 77Á19'10" E 166.22 feet, S 77Á55'50" E 100.43 feet, S 77Á40'40" E 107.11 feet, N 35Á39'40" E 233.03 feet, N 36Á54'30" E 105.52 feet, N 69Á23'50" E 179.67 feet, N 35Á19'50" E 60.26 feet, N 60Á24'40" E 155.25 feet, N 08Á43'28" E 923.94 feet, S 77Á31'22" E 34.05 feet, N 28Á59'38" E 583.86 feet and S 77Á26'02" E 436.02 feet to a point; thence along the division line between the herein described parcel and the lands now or formerly of Gardner and Donna Van Valkenburg as described in deed document #02-2001-10201 and also along the lands now or formerly of Edwin D. Beck as described in Liber 1697 of deeds at page 301, S 14Á34'48" W 95.96 feet, N 75Á25'12" W 10.00 feet, S 14Á34'48" W 125.00 feet, S 75Á25'12" E 10.00 feet, S 14Á34'48" W 325.00 feet and S 75Á25'12" E 203.05 feet to a point on the westerly bounds of U.S. Route 9; thence along the westerly bounds of U.S. Route 9, S 14Á12'43" W 366.41 feet, N 75Á47'17" W 3.21 feet, S 16Á51'36" W 357.10 feet, S 16Á51'37" W 264.56 feet, S 17Á21'41" W 200.79 feet, S 06Á47'36" W 236.91 feet, S 03Á54'03" E 113.84 feet, S 11Á33'18" W 168.19 feet, S 11Á33'18" W 144.66 feet, S 24Á42'50" W 210.43 feet, S 14Á35'17" W 42.95 feet, S 15Á01'19" W 27.66 feet, S 11Á16'33" E. 114.76 feet, S 11Á22'40" W 1485.99 feet, S 02Á37'22" W 92.32 feet, S 07Á24'10" W 114.00 feet, S 11Á34'59" W 200.60 feet, S 06Á37'42" W 438.02 feet, S 09Á11'00" W 460.65 feet, S 13Á21'53" W 180.57 feet, S 18Á59'07" W 45.72 feet, S 21Á30'45" W 19.23 feet, S 10Á46'21" W 148.66 feet, S 16Á10'46" W 157.35 feet, S 09Á41'50" W 135.29 feet, and S 16Á37'07" W 229.64 feet to the point or place of beginning.

CONTAINING 171.33 ACRES OF LAND MORE OR LESS.

EXCEPTING and reserving all that plot, piece or parcel of land situate and being in the Town of Hyde Park, County of Dutchess and State of New York, known as St. Andrews Cemetery, bounded and described as follows:

BEGINNING at the southeasterly corner of the herein described parcel, said point being located N 12Á20'30" E 32.21 feet from the southwesterly corner of the lands of the Culinary Institute of America as described in Liber 1666 of deeds at page 607, thence along the division line between the herein described parcel and said lands of the Culinary Institute of America, N 77Á39'30" W 331.51 feet, N 12Á20'30" E 373.20 feet, S 77Á39'30" E 331.51 feet and S 12Á20'30" W 373.20 feet to the point or place of beginning.

CONTAINING 2.84 ACRES OF LAND MORE OR LESS.

* NB There are 4 sbpar (xiv)'s

* (xiv) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay Shore, in the town of Islip, county of Suffolk and state of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Spur Drive North distant 143.78 feet westerly from the corner formed by the intersection of the northerly side of Spur Drive North and the westerly side of Fifth Avenue; RUNNUNG THENCE South 86 degrees 45 minutes 15 seconds West along the northerly side of Spur Drive North 175.00 feet; THENCE North 43 degrees 41 minutes 20 seconds West 32.44 feet to the easterly side of 5th Industrial Court; THENCE North 5 degrees 52 minutes 00 seconds East along the easterly side of 5th Industrial Court 175.00 feet; THENCE North 86 degrees 45 minutes 15 seconds East 200.00 feet; THENCE South 5 degrees 52 minutes 00 seconds West 200 feet to the northerly side of Spur Dive North and the point or place of BEGINNING. Being and intended to be the same premises as conveyed to the Grantor herein by deed January 7, 2000 and recorded January 24, 2000 in Liber 12015, page 422. Notwithstanding section one hundred seven-a of this article, the retail licensee and brand owner located at the premises described in subparagraph (xviii) of paragraph (a) of subdivision thirteen of section one hundred six of this article and further identified as Parcel A in such subparagraph may designate the manufacturer licensee located at the premises described in this subparagraph as owner of such brands for purposes of brand label registration and price scheduling under this chapter.

* NB There are 4 sbpar (xiv)'s

(xv) any such premises located on that certain tract or parcel of land, situate in the City of Rochester, County of Monroe and State of New York, bounded and described as follows:

BEGINNING at a point on the northerly right-of-way line of East Avenue; said point being easterly 125.43 feet from the easterly right-of-way line of Alexander Street, as measured along said northerly right-of-way line of East Avenue; thence,

1. N 07Á 17' 46" E, a distance of 218.26 feet to a point; thence,

2. N 39Á 14' 18" W, a distance of 27.51 feet to a point; thence,

3. N 20Á 00' 35" E, a distance of 121.48 feet to a point; thence,

4. N 39Á 47' 19" W, a distance of 32.64 feet to a point; thence,

5. .S 74Á 12' 52" W, a distance of 30.93 feet to the point of intersection with the aforementioned easterly right-of-way line of Alexander Street; thence the following three (3) courses along said easterly right-of-way line.

6. N 20Á 04' 36" E, a distance of 210.80 feet to an angle point; thence;

7. N 20Á 23' 26" E, a distance of 48.84 feet to a point of intersection with the common line dividing lands at 390 East Avenue on the south and lands of 350 Alexander Street on the north; thence,

8. N 20Á 23' 26" E, continuing along the easterly right-of-way line, a distance of 141.65 feet to a point; thence,

9. S 68Á 41' 56" E, a distance of 81.10 feet to a point; thence,

10. S 21Á 46' 08" W, a distance of 142.27 feet to a point; thence,

11. S 68Á 13' 59" E, a distance of 92.32 feet to a point; thence,

12. S 20Á 04' 36" W, a distance of 600.00 feet to a point of intersection with the aforementioned northerly right-of-way line of East Avenue; thence,

13. N 71Á 32' 04" W, along said northerly right-of-way line, a distance of 44.84 feet to the Point of Beginning,

TOGETHER WITH THE BENEFITS and subject of the burdens of a certain Easement Agreement for Ingress, Egress & Parking by and between City East LLC and 384 East Avenue Inn of Rochester, LLC dated February 22, 2017 and recorded February 23, 2017 in Liber 11824 of Deeds, page 507, as amended by a certain Amended and Restated Easement Agreement for Ingress, Egress & Parking by and between City East LLC and 384 East Avenue Inn of Rochester, LLC dated October 10, 2019 and recorded October 15, 2019 in Liber 12254 of Deeds page 451.

(xvi) any such premises located on that certain piece or 2.68 acre parcel of land situate in the Village of Lake Placid, Town of North Elba, County of Essex, State of New York being part of Lot 279, Township 11, Old Military Tract, Richards' Survey lying northeast of Searle Lane, so-called, fka Park Place, Rider Street, New Street, and Shadyside, a partially opened street maintained by the Village of Lake Placid and Mirror Lake Drive, so-called fka Lake Placid Club Drive, Shore Drive, and Mirror Street, a village maintained street, and said parcel being more particularly described as follows: Beginning at a point in the center of Searle Lane at the most southerly corner of the premises; Thence, North 36Á 50' 00" West, 498.55 feet along the center of Searle Lane to a point in the bounds of Mirror Lake Drive, and being the most westerly corner of the premises; Thence, North 37Á 10' 00" East, 255.37 feet along the bounds of Mirror Lake Drive to a point at the most northerly corner of the premises; Thence, South 52Á 50' 00" East, 95.66 feet along a line parallel to and thirty-six feet (36') distant from the north wall of the "dorm", so-called, to a point; Thence, South 23Á 43' 00" East, 80.00 feet along a line parallel to and thirty feet (30') distant from the east wall of the "dorm" to a point; Thence, South 00Á 24' 00" East, 293.48 feet along the east line of the premises to an angle point; Thence, South 36Á 50' 00" East, 150.00 feet along the east line of the premises to an angle point and being the most easterly corner; Thence, South 53Á 10' 00" West, 135.00 feet along the southeast line of the premises to the Point-of-Beginning and encompassing therein 2.68 acres more or less. All bearings are oriented to NYS Grid North, East Zone. Together with all right, title and interest in and to the land to the center of Mirror Lake Drive as it abuts the premises herein above described. Granting and Reserving all structures, wires, lines, easements of record, if any, for public utilities and highway purposes as the same now exist upon or affect the premises hereinabove described. Being part of the premises conveyed by Lake Placid Land Corporation to Placid Gold, LLC by deed dated the 24th day of May 1996 and recorded in the Essex County Clerk's Office in Deed Book 1113 at Page 302. The lands conveyed are subject to the Terms and Conditions of Adirondack Park Agency Permit Nos. 96-316, 96-316A, 96-316A, 97-38, 97-38A, 98-307, 98-307A which are binding upon the heirs, successors and assigns of the grantors and all subsequent grantees. Said parcel being the Dormitory lot and Lot Nos. 1, 2, 3 and 4 of the Executive Lodge Subdivision, Section 1, Lake Placid Resort, filed in the Essex County Clerk's Office as Map No. 3057 the 6th day of May 1981 and depicted on the 2010 Village of Lake Placid Tax Map No. 042.0HL in Block 7 as Parcel 29,000.

(xvii) any parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows:

Beginning at a point on the southerly side of 72nd Street distant 179 feet easterly from the southerly corner of Amsterdam Avenue and 72nd Street; Running thence southerly and parallel with the easterly side of Amsterdam Avenue 102 feet 2 inches to the center line of the block; Thence easterly and parallel with the southerly side of 72nd Street 21 feet; Thence northerly and parallel with the easterly side of Amsterdam Avenue and part of the distance through a party wall 102 feet 2 inches to the southerly side of 72nd Street; Thence westerly along the southerly side of 72nd Street 21 feet to the point or place of Beginning.

(b) Make, or cause to be made, any loan to any person engaged in the manufacture or sale of any alcoholic beverage at wholesale or retail.

(c) Make any gift or render any service of any kind whatsoever, directly or indirectly, to any person licensed under this chapter which in the judgment of the liquor authority may tend to influence such licensee to purchase the product of such manufacturer or wholesaler. The provisions of this paragraph shall not be construed to prevent a manufacturer or wholesaler from entertaining a licensee at lunch or dinner, or to prevent a manufacturer or wholesaler from participating in or supporting bona fide retailer association activities such as, but not limited to, associate memberships, dinners, conventions, trade shows, product tastings and product education where such participation is in reasonable amounts and does not reach proportions that indicate attempts to influence the purchase of products of contributing manufacturers and wholesalers by the members of such retailer associations.

(d) Enter into any contract with any retail licensee whereby such licensee agrees to confine his sales to alcoholic beverages manufactured or sold by one or more such manufacturers or wholesalers. Any such contract shall be void and subject the licenses of all parties concerned to revocation.

(e) The prohibitions and restrictions contained in paragraphs b, c and d above shall not apply to any contractual arrangements between a licensed manufacturer or wholesaler and a licensed retailer where such manufacturer or wholesaler has made a substantial investment, directly or through such retailer, in the construction, capitalization or furnishing of any exhibit, facility or installation in the area leased by the city of New York to New York World's Fair 1964-1965 Corporation, pursuant to chapter four hundred twenty-eight of the laws of nineteen hundred sixty, as amended, and such retailer is conducting his business as a part of such exhibit or installation or is responsible to such corporation for the construction, operation or maintenance of such exhibit, facility or installation. This modification to the prohibitions and restrictions contained in this paragraph shall continue until November first, nineteen hundred sixty-five.

(f) The prohibitions and restrictions contained in paragraphs (b), (c) and (d) of this subdivision shall not apply to any contractual or other financial arrangements undertaken by the Culinary Institute of America for the education purposes of such institute, including student scholarships, academic building sponsorships, and Culinary Institute of America event sponsorships that further the academic mission of the Culinary Institute of America, where such contractual or other financial arrangements are between a licensed manufacturer, wholesaler, or retailer for on-premises consumption, and the Culinary Institute of America, operating within the metes and bounds established by subparagraph (xiv) of paragraph (a) of this subdivision.

1-a. The provisions of paragraph (a) of subdivision one of this section shall not apply to any licensed manufacturer or wholesaler located on the 35th floor of premises in the borough of Manhattan, city, county and state of New York, bounded and described as follows: beginning at the corner formed by the intersection of the easterly side of Washington Street and the southerly side of Barclay Street; running thence easterly along the southerly side of Barclay Street, the following three (3) courses and distances: (1) South 88 degrees 37 minutes 20 seconds East 161.04 feet; (2) South 88 degrees 39 minutes 01 seconds East 67.81 feet; and (3) South 88 degrees 36 minutes 50 seconds East 112.04 feet to the corner formed by the intersection of the southerly side of Barclay Street and the westerly side of West Broadway; thence southerly along the westerly side of West Broadway, the following three (3) courses and distances: (1) South 13 degrees 29 minutes 10 seconds West 33.54 feet; (2) South 88 degrees 37 minutes 31 seconds East 7.16 feet; and (3) South 13 degrees 29 minutes 10 seconds West 172.20 feet to the corner formed by the intersection of the westerly side of West Broadway and the northerly side of Vesey Street; thence westerly along the northerly side of Vesey Street, North 88 degrees 37 minutes 31 seconds West 233.48 feet to the corner formed by the intersection of the northerly side of Vesey Street and the easterly side of Washington Street; and thence northerly along the easterly side of Washington Street, North 18 degrees 10 minutes 00 seconds West 213.45 feet to the point or place of beginning. Provided, however that, with respect to such manufacturer's or wholesaler's interest in a retail licensee located at premises described in paragraph (a-1) of subdivision thirteen of section one hundred six of this article: (i) such interest must have been acquired prior to the effective date of the chapter of the laws of two thousand nineteen which added this subdivision; (ii) such manufacturer or wholesaler may not sell alcoholic beverages directly to such retail licensee; and (iii) no more than fifteen percent of the annual dollar value of alcoholic beverages purchased by such retail licensee for sale on the premises may be produced by any such manufacturer.

2. Any lien, mortgage, or other interest or estate however, now held by a manufacturer or wholesaler on the real property of any licensee, which lien, mortgage, interest or estate was acquired on or before December thirty-first, nineteen hundred and thirty-two, shall not be included within the provisions of this section but the burden of establishing the time of the accrual of the interest comprehended by this subdivision shall be upon the person who claims to be entitled to the protection and exemption afforded hereby.

3. Any interest or estate mentioned in this section held by a manufacturer or wholesaler in an office building located in a city having a population of five hundred thousand or more and in which is located the licensed premises of such manufacturer or wholesaler shall not prohibit (1) the issuance of licenses pursuant to section sixty-four of this chapter for restaurant premises located in such building or (2) said manufacturer or wholesaler from being interested directly or indirectly in such restaurant premises, provided the building is not less than five stories in height, both the building and the interior of the restaurant premise have been granted landmark status in accordance with applicable state or local law and space within the building is also occupied by persons other than the manufacturer or wholesaler, and that the rental for the retail premises applied for shall be comparable to that for similar space in such building and similar buildings in the immediate neighborhood; and provided further that the provisions of this paragraph shall apply solely with respect to restaurant premises in a building located on a parcel of land wholly within the boundaries of the borough of Manhattan, city and county of New York, and bounded and described as follows: beginning at a corner formed by the intersection of the northerly side of East Fifty-second Street and the easterly side of Park Avenue; running northerly along the easterly side of Park Avenue, two hundred feet ten inches; thence easterly along the southerly side of East Fifty-third Street; three hundred two feet; thence southerly parallel with the easterly side of Park Avenue, one hundred feet five inches to the center line of the block; thence westerly along the center line of the block at right angles, seven feet; thence southerly parallel with the easterly side of Park Avenue, one hundred feet five inches to the northerly side of East Fifty-second Street; and thence westerly along the northerly side of East Fifty-second Street two hundred ninety-five feet to the corner of the point or place of beginning. The exemption herein provided shall apply to only one building and shall not be extended to any other building in which such manufacturer or wholesaler shall have any interest or estate.

4. (a) Notwithstanding any other provision of law to the contrary, the state liquor authority shall issue a license under section seventy-six-a of this chapter to the New York State Wine and Culinary Center, Inc. ("center") situated at the premises known as: all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of Canandaigua, County of Ontario and State of New York and being more particularly described as follows: Being at an iron stake located on the northerly line of Village Lot No. 9 where the same intersects the westerly line of South Main Street; thence south 19 degrees 30' east along the westerly street line of South Main Street a distance of 60 feet to an iron stake which is the point and place of beginning; thence (1) south 69 degrees 54' west a distance of 284.26 feet to an iron stake; thence (2) south 19 degrees 30' east a distance of 248 feet to an iron stake; thence (3) south 17 degrees 21' 10" west a distance of 120.05 feet to an iron stake; thence (4) south 81 degrees 52' 20" east a distance of 236.63 feet to an iron stake; thence (5) north 8 degrees 10' east a distance of 30 feet to an iron stake; thence (6) south 81 degrees 50' east a distance of 100 feet to an iron stake; thence (7) north 8 degrees 10' east a distance of 94.97 feet to an iron stake located on the westerly street line of South Main Street; thence (8) north 19 degrees 30' west along the westerly street line of South Main Street a distance of 392.52 feet to an iron stake which is the point and place of beginning.

(b) The center may, but shall not be required to, produce wine as a condition of such license.

(c) No person shall be disqualified from acting as a director, officer, or employee of, or purveyor to, the center by reason of such person holding a license under this law, or being affiliated with a licensee under this law as a shareholder, partner, officer, director, or employee.

(d) No person shall be disqualified from being a lender or lessor to the center, or a donor, patron, contributor or sponsor from time to time of the center through contributions in cash or in kind, on terms agreed with the board of directors of the center, by reason of such person holding a license under this law, or being affiliated with a licensee under this law as a shareholder, partner, officer, director, or employee. Such persons shall be entitled, regardless of their licensing status under this law, to obtain all the benefits generally approved by the board of directors of the center and offered to donors of similar amounts.

(e) Notwithstanding any other provision of law to the contrary, the center is expressly authorized to:

(i) sell New York state produced wines, beers, ciders and distilled spirits for both on and off premise consumption;

(ii) offer tastings on the premises of such products and charge the general public such amounts as it deems fit for such tastings. For purposes of this section, tastings may be conducted in a common tasting area on the premises;

(iii) provide banquet and entertainment facilities for the general public for private parties in consideration of such fees as are established by the board of directors of the center from time to time, and to sell and serve at such events wines, ciders, malt beverages and distilled spirits selected by persons hiring the facilities; and

(iv) hold through a wholly owned subsidiary a branch office permit at the Finger Lakes Welcome Center situated at the premises known as:

All that tract or parcel of land situate in the City of Geneva, County of Ontario, State of New York, all as shown on a map entitled "Existing Building Exhibit Finger Lakes Welcome Center" prepared by Costich Engineering D.P.C dated February 28, 2018 having dwg # 4750 VE110 and being more particularly bounded and described as follows:

Beginning at the existing northwest corner of the One Story Frame Finger Lakes Welcome Center having grid coordinates of N1046012.35 E 714603.03 referenced to the New York State Plane Coordinate System of 1983 Central Zone; thence Easterly, and along the existing building face a distance of 52.3 feet to a point; thence Northerly, and along the existing building face a distance of 5.3 feet to a point; thence Easterly, and along the existing building face a distance of 40.3 feet to a point; thence Southerly, and along the existing building face a distance of 26.5 feet to a point; thence Easterly, and along the existing building face a distance of 5.4 feet to a point; thence Southerly, and along the existing building face a distance of 15.0 feet to a point; thence Easterly, and along the existing building face a distance of 8.5 feet to a point; thence Southerly, and along the existing building face a distance of 31.3 feet to a point; thence Westerly, and along the existing building face a distance of 28.1 feet to a point; thence Northerly, and along the existing building face a distance of 4.4 feet to a point; thence Westerly, and along the existing building face a distance of 26.1 feet to a point; thence Southerly, and along the existing building face a distance of 42.2 feet and continuing southerly on the building extension line a distance of 28 feet comprising a total distance of 70.2 feet to a point on the southerly limit of the existing patio area; thence Westerly, and along the southerly limits of the existing patio area a distance of 95 feet to a point; thence Northerly, and along the westerly limits of the existing patio area a distance of 11 feet to a point of curvature; thence Northerly, along a curve to the left and along the westerly limits of the existing patio area a distance of 19 feet to a point; thence Northerly, and along the westerly limits of the existing patio area a distance of 18 feet to a point; thence Easterly, and along the northerly limits of the existing patio area a distance of 27 feet to a point on the existing building face; thence Northerly, and along the existing building face a distance of 45.7 feet to a point; thence Easterly, and along the existing building face a distance of 28.1 feet to a point; thence Northerly, and along the existing building face a distance of 44.9 feet to the point and place of beginning.

5. (a) Notwithstanding any other provision of law to the contrary, the state liquor authority shall issue a license under section seventy-six-a of this chapter to the Finger Lakes Wine Center, Inc. ("center") situated at the premises known as:

All that tract or parcel of land situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows:

PARCEL A:

BEGINNING at a point at the intersection of the easterly street line of South Cayuga Street with the northerly street line of East Clinton Street;

thence North 02 degrees 05 minutes 21 seconds West along the easterly street line of South Cayuga Street a distance of 273.47 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 77.84 feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 108.17 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 46.83 feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 107.31 feet to a point;

thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17 feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 24.70 feet to a point;

thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17 feet to a point;

thence South 02 degrees 30 minutes 08 seconds East a distance of 33.50 feet to a point in the northerly street line of East Clinton Street;

thence South 87 degrees 35 minutes 39 seconds West a distance of 126.65 feet to the point of beginning, containing 0.680 acres of land.

SUBJECT to the following:

Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13, 1976 and recorded in said Clerk's Office on July 13, 1977 in Liber 558 of Deeds at page 672.

Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13, 1977 and recorded in said Clerk's Office on July 13, 1977 in Liber 558 of Deeds at page 684.

A right of way reserved to the Grantor to enter upon lands contained within the boundary lines of Six Mile Creek to make excavations, remove gravel and other material from the creek bed, erect walls and embankments, etc., as granted by instrument of Salem Twist, et. al. dated August 8, 1906 and recorded in the Tompkins County Clerk's Office on January 31, 1907 in Liber 166 of Deeds at page 163.

Right of way for ingress and egress conveyed by instrument by and between the Ithaca Urban Renewal Agency and D.M. Abbot Investors Corporation dated May 17, 1967 and recorded in said Clerk's Office in Liber 469 of Deeds at page 25.

The provisions of Exhibit A to the Air Rights Lease related to CDP's access to the Premises for repairs and maintenance.

TOGETHER WITH:

1. A right of way for ingress and egress conveyed by instrument by and between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal Agency dated November 24, 1967 and recorded in said Clerk's Office on January 21, 1969 in Liber 479 of Deeds at page 640; and

2. An easement in common with others over the premises shown as "Parcel B" on the below-referenced survey map for ingress from and egress to South Cayuga Street.

The above described premises are SHOWN AS "Parcel A" on a survey map entitled "Boundary Map Showing Property Bounded North by East Green Street, South by East Clinton Street, West by South Cayuga Street and Southeast by Six Mile Creek, Designated for a Proposed Project 'Cayuga Green at Six Mile Creek', City of Ithaca, Tompkins County, New York," dated November 20, 2003 and labeled as job number S02-530, prepared by T.G. Miller, P.C., Engineers and Surveyors, hereinafter referred to as "the Survey Map".

(b) The center may, but shall not be required to, produce wine as a condition of such license.

(c) No person shall be disqualified from acting as a director, officer, or employee of, or purveyor to, the center by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(d) No person shall be disqualified from being a lender or lessor to the center, or a donor, patron, contributor or sponsor from time to time of the center through contributions in cash or in kind, on terms agreed with the board of directors of the center, by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee. Such persons shall be entitled, regardless of their licensing status under this chapter, to obtain all the benefits generally approved by the board of directors of the center and offered to donors of similar amounts.

(e) The center is expressly authorized to:

(i) charge the general public such amounts as it sees fit for the tasting of New York state wines sold on the premises;

(ii) provide banquet and entertainment facilities for the general public for private parties in consideration of such fees as are established by the board of directors of the center from time to time and to sell and serve at such events wines, malt beverages and distilled spirits selected by persons hiring the facilities; and

(iii) provide for wine related and other educational classes as deemed appropriate by the center, either alone or in conjunction with other entities that conduct educational classes, and charge the general public such amounts as it sees fit for the purpose of carrying out the provisions of this subparagraph.

6. Notwithstanding any other provision of law to the contrary, the state liquor authority may issue a license under subdivision two-c of section sixty-one of this chapter to the owner and/or operator of the parcels described in this paragraph. The legal descriptions for the three parcels so identified as the site are as follows:

PARCEL A

All that piece or parcel of property situate in the Village of Lake George, County of Warren, State of New York and being bounded and described as follows:

BEGINNING at a point at the intersection of the southwesterly boundary of Beach Road with the southeasterly boundary of lands now or formerly of Holly RAJ Inc., and running thence southeasterly along the said southwesterly boundary of Beach Road and the southwesterly boundary of lands now or formerly of the Village of Lake George the following (9) nine courses and distances: 1) South 47Á 49' 51" East 49.20 feet to a point; 2) South 41Á 08' 51" East 50.18 feet to a point; 3) South 34Á 19' 51" East 20.62 feet to a point; 4) South 34Á 19' 51" East 29.38 feet to a point; 5) South 28Á 23' 51" East 54.00 feet to a point; 6) South 23Á 28' 51" East 75.29 feet to a point; 7) South 25Á 57' 51" East 130.22 feet to a point; 8) South 30Á 43' 21" East 109.09 feet to a point; and 9) South 29Á 21' 51" East 140.00 feet to a point in the northwesterly boundary of the premises conveyed by The Counties of Warren and Washington Industrial Development Agency to The Fort William Henry Corporation by deed dated May 18, 1998 and recorded in the Warren County Clerk's Office on May 28, 1998 in Liber 1066 of Deeds at Page 279; thence South 60Á 37' 18" West along the said northwesterly boundary of the premises conveyed by The Counties of Warren and Washington Industrial Development Agency to The Fort William Henry Corporation 70.01 feet to a point; thence northwesterly along the northeasterly boundary of said premises conveyed by The Counties of Warren and Washington Industrial Development Agency to The Fort William Henry Corporation the following (5) five courses and distances: 1) North 29Á 21' 51" West 139.17 feet to a point; 2) North 30Á 43' 21" West 111.17 feet to a point; 3) North 25Á 55' 51" West 130.20 feet to a point; 4) North 26Á 32' 41" West 145.00 feet to a point; and 5) North 42Á 42' 21" West 120.00 feet to a point in the first mentioned southeasterly boundary of lands now or formerly of Holly RAJ Inc.; thence North 51Á 01' 09" East along the said southeasterly boundary of lands now or formerly of Holly RAJ Inc. 70.00 feet to the point of beginning, containing 1.062 acres of land, being the same more or less.

PARCEL B

All that piece or parcel of property situate in the Village of Lake George, County of Warren, State of New York and being bounded and described as follows:

BEGINNING at a point at the intersection of the easterly boundary of New York State Route 9N with the northerly boundary of lands now or formerly of Charles R. Wood Foundation, and running thence northerly along the said easterly boundary of New York State Route 9N the following four (4) courses and distances: 1) North 03Á- 06'- 51" West 54.12 feet to a point; 2) North 00Á- 54'- 09" East 281.77 feet to a point; 3) North 01Á-45'- 09" East 59.83 feet to a point; and 4) North 02Á- 47'- 35" West 51.87 feet to an iron pin in the southerly boundary of other lands now or formerly of Fort William Henry Corporation; thence easterly along the said southerly boundary of other lands now or formerly of Fort William Henry Corporation the following three (3) courses and distances: 1) North 88Á- 22'- 09" East 475.96 feet to a point; 2) North 60Á- 07'- 09" East 66.22 feet to a point; and 3) North 47Á- 47'- 09" East 315.47 feet to an iron pipe in the easterly boundary of lands now or formerly of the Village of Lake George; thence southerly along the said easterly boundary of lands now or formerly of The Village of Lake George the following three (3) courses and distances: 1) South 32Á- 08'- 51" East 148.00 feet to a point; 2) South 37Á- 04'- 51" East 221.91 feet to a point; and 3) South 32Á- 47'- 51" East 83.60 feet to a point in the northerly boundary of the aforementioned lands now or formerly of Charles R. Wood Foundation; thence westerly along the said northerly boundary of lands now or formerly of Charles R. Wood Foundation the following four (4) courses and distances: 1) South 55Á- 39'- 09" West 188.00 feet to a square head bolt; 2) South 68Á- 08'- 09" West 115.00 feet to a point; 3) South 81Á- 37'-09" West 240.84 feet to a point; and 4) South 74Á- 08'- 09" West 546.05 feet to the point of beginning, containing 8.558 acres of land, being the same more or less.

ALSO, ALL that certain piece or parcel of land situate lying and being in the Village of Lake George, County of Warren, State of New York, being more particularly described as follows:

COMMENCING at a point located on the westerly boundary of lands now or formerly of Warren County as described in Liber 281, Page 51, said point also being on the division line between lands now or formerly of Warren County (Liber 4390 Page 154) on the south and lands now or formerly of Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along said division line South 40Á27'30" West, 188.00 feet to the Point of Beginning; thence through said lands of Warren County the following three (3) courses and distances: 1) South 33Á45'28" West, 74.95 feet to a point, 2) South 59Á52'14" West, 108.57 feet to a point, and 3) North 75Á07'46" West, 41.87 feet to a point on the division line between said lands of Warren County on the south and lands now or formerly of Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along said division line North 66Á25'30" East, 91.92 feet to a point; thence North 52Á56'30" East, 115.00 feet to the point or place of beginning.

EXCEPTING AND RESERVING THEREFROM, ALL that certain piece or parcel of land situate lying and being in the Village of Lake George, County of Warren, State of New York, being more particularly described as follows:

BEGINNING at a point located on the westerly boundary of lands now or formerly of Warren County as described in Liber 281, Page 51, said point also being on the division line between lands now or formerly of Warren County (Liber 4390 Page 154) on the south and lands now or formerly of Fort William Henry Corp. (Liber 497 Page 222) on the north; thence along said division line South 40Á27'30" West, 188.00 feet to a point; thence through said lands now or formerly of Fort William Henry Corp. North 33Á45'28" East, 102.84 feet to a point; thence North 40Á27'30" East, 85.36 feet to a point on the aforementioned westerly boundary of lands now or formerly of Warren County (Liber 281, Page 51); thence along said westerly boundary South 51Á54'30" East, 12.01 feet to the point or place of beginning.

PARCEL C

All that piece or parcel of property situate in the Village of Lake George, County of Warren, State of New York and being bounded and described as follows:

BEGINNING at an iron pin at the intersection of the easterly boundary of New York State Route 9N with the northerly boundary of other lands now or formerly of Fort William Henry Corporation; said pin being located the following four (4) courses and distances northerly from the intersection of the easterly boundary of New York State Route 9N with the northerly boundary of lands now or formerly of Charles R. Wood Foundation: 1) North 03Á- 06'- 51" West 54.12 feet; 2) North 00Á- 54'- 09" East 281.77 feet; 3) North 01Á- 45'- 09" East 59.83 feet; and 4) North 02Á- 47'- 35" West 51.87 feet, and running thence from said point of beginning northerly along the said easterly boundary of New York State Route 9N the following seven (7) courses and distances: 1) North 03Á- 29'-09" East 105.00 feet to a point; 2) North 09Á- 11'- 09" East 60.10 feet to a point; 3) North 05Á- 41'- 09" East 161.06 feet to a point; 4) North 09Á- 28'-34" East 124.23 feet to an iron pin; 5) North 14Á- 08'- 27" East 150.26 feet to a square monument; 6) North 22Á- 36'- 14" East 111.15 feet to a point; and 7) North 17Á- 47'- 09" East 91.79 feet to an iron pipe in the southerly boundary of lands now or formerly of Adirondack Entertainment and Recreation, Inc.; thence South 59Á- 07'- 51" East along the said southerly boundary of lands now or formerly of Adirondack Entertainment and Recreation, Inc. 40.70 feet to a point; thence North 51Á- 01'- 09" East along the southeasterly boundary of said lands now or formerly of Adirondack Entertainment and Recreation, Inc. 167.30 feet to a point in the southwesterly boundary of lands now or formerly of The Adirondack Lakeview Corporation; thence southeasterly along the said southwesterly boundary of lands now or formerly of The Adirondack Lakeview Corporation the following five (5) courses and distances: 1) South 42Á- 42'- 21" East 120.00 feet to a point; 2) South 26Á- 32'- 41" East 145.00 feet to a point; 3) South 25Á-55'- 51" East 130.20 feet to a point; 4) South 30Á- 43'- 21" East 111.17 feet to a point; and 5) South 29Á- 21'- 51" East 139.17 feet to a point; thence North 60Á- 37'- 18" East along the southeasterly boundary of said lands now or formerly of The Adirondack Lakeview Corporation 70.01 feet to a point in the westerly boundary of lands now or formerly of the Village of Lake George; thence southerly along the said westerly boundary of lands now or formerly of The Village of Lake George the following two (2) courses and distances: 1) South 29Á- 21'- 51" East 32.24 feet to a point; and 2) South 30Á- 27'- 51" East 73.00 feet to an iron pipe in the northerly boundary of other lands now or formerly of Fort William Henry Corporation; thence westerly along the said northerly boundary of other lands now or formerly of Fort William Henry Corporation the following three (3) courses and distances: 1) South 47Á- 47'- 09" West 315.47 feet to a point; 2) South 60Á- 07'- 09" West 66.22 feet to a point; and 3) South 88Á- 22'- 09" West 475.96 feet to the point of beginning, containing 9.398 acres of land, being the same more or less.

8. (a) Notwithstanding any other provision of law to the contrary, the state liquor authority shall issue a license under section seventy-six-a of this chapter to the Concord Grape Belt Heritage Association Inc. Grape Discovery Center ("center") situated at the premises known as: all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situated, lying and being in the Town of Westfield, County of Chautauqua and State of New York being parcels 209.00-2-13 and 209.00-2-14 and being more particularly described as follows:

PARCEL A

All that tract or parcel of land, situate in the Town of Westfield, County of Chautauqua and State of New York, being part of Lot 13, Town 4 and Range 14 of the Holland Land Company's Survey and further bounded and described as follows:

Beginning at a set "MAG" nail on the south bounds of U.S. Route 20 also know as Main Road, also known as the Buffalo and Erie Road, said "MAG" nail being N 60 degrees 17' 18" E, 264.87 feet as measured along the south bounds of U.S. Route 20, from the northwest corner of premises described in deed from David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded in the Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165; thence N 60 degrees 17' 18" E, along the south bounds of U.S. Route 20, a distance of 195.88 feet to a set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and still along the south bounds of U.S. Route 20, a distance 70 feet to a set "MAG" nail in asphalt; thence S 1 degree 55' 0" W, 250 feet to an existing iron pin at the northwest corner of lands of Joanne W. Nixon, as described in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182 of Deeds at page 196; thence continuing along the same course, S 1 degree 55' 0" W along the west line of lands of said Nixon, 78.8 feet to an existing iron stake at the northeast corner of lands of Joanne W. Nixon as described in a deed recorded in the Chautauqua County Clerk's Office in Liber 2418 of Deeds at page 341; thence S 62 degrees 58' 7" W, along the north line of lands of said Nixon, 173.3 feet to a point at the southeast corner of lands of Ed R. Burnside as described in a deed recorded in the Chautauqua County Clerk's Office in Liber 2639 of Deeds at page 336; thence N 13 degrees 36' 25" W, along the east line of lands of said Burnside, 287.68 feet to the point or place of beginning.

PARCEL B

Also all that tract or parcel of land, situate in the Town of Westfield, County of Chautauqua and State of New York, being part of Lot No. 13, Township 4 and Range 14 of the Holland Land Company's Survey and further bounded and described as follows:

Commencing at the northwest corner of premises described in deed from David S. Neill to Sam F. Nixon, dated January 30, 1916, and recorded in the Chautauqua County Clerk's Office in Liber 421 of Deeds at page 165; thence N 60 degrees 17' 18" E. along the south bounds of U.S. Route 20, also known as Main Road, also known as the Buffalo and Erie Road, 460.76 feet to a set "MAG" nail in asphalt; thence N 64 degrees 0' 0" E, and still along the south bounds of U.S. Route 20, a distance of 70 feet to a set "MAG" nail in asphalt at the point of beginning of the parcel hereinafter described; thence N 64 degrees 0' 0" E, along the south bounds of U.S. Route 20, a distance of 200 feet to a set "MAG" nail in asphalt at the northwest corner of lands of Joanne W. Nixon as described in a deed recorded in the Chautauqua County Clerk's Office in Liber 2182 of Deeds at page 196; thence S 1 degree 55' 0" W, along the west line of lands of said Nixon, 250 feet to a point; thence S 64 degrees 0' 0" W, along the north line of lands of said Nixon 200 feet to an existing iron pin in the northwest corner of lands of said Nixon; thence N 1 degree 55' 0" E, 250 feet to the point or place of beginning.

Subject to all easements, rights-of-way, and leases of record which may validly affect said premises.

(b) The center may, but shall not be required to, produce wine as a condition of such license.

(c) No person shall be disqualified from acting as a director, officer, or employee of, or purveyor to, the center by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(d) No person shall be disqualified from being a lender or lessor to the center, or a donor, patron, contributor or sponsor from time to time of the center through contributions in cash or in kind, on terms agreed with the board of directors of the center, by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee. Such persons shall be entitled, regardless of their licensing status under this chapter, to obtain all the benefits generally approved by the board of directors of the center and offered to donors of similar amounts.

(e) Notwithstanding any other provision of law to the contrary, the center is expressly authorized to:

(i) sell New York state produced wines, beers and distilled spirits for both on and off premise consumption;

(ii) offer tastings on the premises of such products and charge the general public such amounts as it deems fit for such tastings. For purposes of this section, tastings may be conducted in a common tasting area on the premises; and

(iii) provide banquet and entertainment facilities for the general public for private parties in consideration of such fees as are established by the board of directors of the center from time to time, and to sell and serve at such events wines, malt beverages and distilled spirits selected by persons hiring the facilities.

9. (a) Notwithstanding any other provision of law to the contrary, the state liquor authority shall issue a license under section sixty-one-a of this chapter to Cornell university on behalf of the New York state college of agriculture and life sciences and the New York state agricultural experiment station as defined in sections fifty-seven hundred twelve and fifty-seven hundred thirteen of the education law. Issuance of such a license shall not preclude or nullify other licenses granted to Cornell university, whether now or in the future, in all its locations in New York state in accordance with the provisions of this chapter. Issuance of such a license shall not restrict the ability of Cornell university, or the New York state college of agriculture and life sciences and the New York state agricultural experiment station to conduct research, teaching, education, extension and outreach, and economic development activities related to products that are not regulated by this chapter. For purposes of compliance with this chapter, the New York state college of agriculture and life sciences and the New York state agricultural experiment station as defined in sections fifty-seven hundred twelve and fifty-seven hundred thirteen of the education law shall be considered to be located on a farm.

(b) Cornell university, acting on behalf of the New York state college of agriculture and life sciences and the New York state agricultural experiment station may, but shall not be required to, produce wine, beer, distilled spirits, distillates, cider, mead and other fermented products as a condition of such license.

(c) No person shall be disqualified from acting as a director, advisory council member, officer, or employee of, or purveyor to, Cornell university and the New York state college of agriculture and life sciences and the New York state agricultural experiment station by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(d) No person shall be disqualified from being a donor, patron, contributor or sponsor from time to time of Cornell university and the New York state college of agriculture and life sciences and the New York state agricultural experiment station through contributions in cash or in kind, by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(e) Notwithstanding any other provision of law to the contrary, Cornell university, acting through the New York state college of agriculture and life sciences and the New York state agricultural experiment station is expressly authorized to:

(i) manufacture New York state produced wines, beers, ciders, mead, distilled spirits and other fermented products for educational, workforce development and research purposes to include industrial product or non-consumable product research;

(ii) offer organoleptic tastings, on the premises, of such products only for the purposes of education, workforce development, and research and analysis. No fees may be imposed for such tastings, other than as part of the general cost of an educational course, workshop, or other instructional event;

(iii) provide educational courses, workforce development and experiential learning opportunities within the New York state college of agriculture and life sciences and the New York state agricultural experiment station and allow separately licensed entities to utilize facilities and equipment located at such places for the production of small-scale, pilot batches of wine, distilled spirits, cider, mead, beer and other fermented products not for further retail sale and for research purposes only; and

(iv) conduct product testing and technical analysis including, but not limited to, sensory analysis, of New York state and non-New York state manufactured wine, distilled spirits, cider, mead, beer, and other fermented products in accordance with an internally established fee schedule.

(f) Notwithstanding any other provision of law to the contrary, Cornell university may: (i) offer educational courses, workshops or other instructional events on wine, distilled spirits, cider, mead, beer and other fermented products through any of its colleges, schools or units, in accordance with internally established fee schedules and under appropriate licenses; and (ii) use its facilities, and provide the use of its facilities to third parties, for functions at which alcoholic beverages may be sold and served provided the university or third parties, as applicable, have obtained the appropriate permit or license from the authority.

10. (a) Notwithstanding any other provision of law to the contrary, the state liquor authority shall issue a license under section sixty-one-a of this chapter to the community college in Broome county, established pursuant to Article one hundred twenty-six of the education law, in the city of Binghamton, and the Broome county culinary and events center on the premises described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the city of Binghamton, County of Broome, and State of New York, being more particularly described as follows:

Beginning at a point in the east side of Exchange Street at the south-west corner of the stone front building known as "Pope Block;" thence,

1. Southerly, along the easterly line of Exchange Street, 107.41 feet (one hundred and seven feet and five inches) to a point where the easterly line of Exchange Street intersects the north line of Congdon Place; thence,

2. Easterly, along the north line of Congdon Place, making a measured interior angle of 93Á 01' 02" with the east line of Exchange Street, a distance of 200.43 feet to a point, said point being 50 feet westerly from the west line of Myrtle Avenue; thence,

3. Northerly, along a line parallel with the west line Myrtle Avenue, making an interior angle of 88Á 59' 55" with the north line of Congdon Place, a distance of 65.00 feet to a point; thence,

4. Westerly, along a line parallel with the north line of Congdon Place, making an interior angle of 91Á 00' 05" with the last described line, a distance of 71.95 feet to a point; thence,

5. Northerly, along a line making an interior angle of 271Á 03' 58" with the last described line a distance of 44.08 feet to a point; thence,

6. Westerly, along a line making an interior angle of 88Á 09' 38" with the last described line, a distance of 133.93 feet to the Point of Beginning, said line forming a measured interior angle of 87Á 45' 22" with the east line of Exchange street.

The above described parcel is shown on a map prepared by Passero Associates entitled "Boundary and Topographic Survey, Carnegie Library, 78 Exchange Street", Project No. 201410120.0003, Drawing No. TS-1, Dated April 20, 2016. Together with and subject to 8 foot wide right-of-way for ingress and egress along the easterly side of the above premises, which westerly 4 feet of said right-of-way is located on the above premises and easterly 4 feet is located on premises to the east, as recited in Liber 1992 of Deeds, page 243.

SNDA (Master Lease) – SUNY Broome 28865746v4

(b) The community college in Broome county and Broome county culinary and events center may, but shall not be required to, produce wine, beer, distilled spirits, cider and mead as a condition of such license.

(c) No person shall be disqualified from acting as a director, advisory council member, officer, or employee of, or purveyor to, the community college in Broome county and Broome county culinary and events center by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(d) No person shall be disqualified from being a donor, patron, contributor or sponsor from time to time of the community college in Broome county and Broome county culinary and events center through contributions in cash or in kind, by reason of such person holding a license under this chapter, or being affiliated with a licensee under this chapter as a shareholder, partner, officer, director, or employee.

(e) Notwithstanding any other provision of law to the contrary, the community college in the Broome county and Broome county culinary and events center is expressly authorized to:

(i) sell New York state produced wines, beers, ciders, meads and distilled spirits for both on and off-premises consumption;

(ii) manufacture New York state produced wines, beers, ciders, meads and distilled spirits for educational, workforce development and research purposes to include industrial product or non-consumable product innovation research;

(iii) offer tastings, on the premises, of such products only for the purposes of education, workforce development, and research and analysis. For purposes of this subdivision, tastings may only be conducted on the premises of the community college in Broome county and Broome county culinary and events center described in paragraph (a) of this subdivision. No fees may be imposed for such tastings, other than as part of the general cost of an educational course, workshop, or other instructional event;

(iv) provide educational courses, workforce development and experiential learning opportunities within the community college in Broome county and Broome county culinary and events center; and

(v) provide banquet and entertainment facilities for the general public for private parties in consideration of such fees as are established by the community college in Broome county and Broome county culinary and events center from time to time, and to sell and serve at such events wines, ciders, beers, mead and distilled spirits selected by persons hiring the facilities.

(f) For purposes of compliance with this chapter, the community college in Broome county and the Broome county culinary and events center shall be considered to be located on a farm.