RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
T-Mobile West Tower LLC
c/o CCTMO LLC
8020 Katy Freeway
Houston, Texas 77024
Prepared by;
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
Space above this line for Recorder's Use
APN: 153-314-35 Prior recorded document(s) in Orange County, California:
June 17,1996, at #19960305029
MEMORANDUM OF AMENDMENT TO SCHEDULE NO. 2 OF LEASED PROPERTY This Memorandum of Amendment to Schedule No. 2 of Leased Property ("Memorandum") is dated and made effective as of the date of the last party to sign, by and between the CITY OF HUNTINGTON BEACH ("Lessor"), with a mailing address of P.O. Box 711, Huntington Beach, California 92648-0711, and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC, a Delaware limited liability company, its attorney in fact ("Lessee"), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
1. Lessor and Pacific Bell Mobile Services, a California corporation ("Original Lessee ) entered into a Schedule No. 2 of Leased Property dated April 18, 1996 ("Original Schedule No. 2"), which is subject to the terms and conditions of that certain Master Communications Site Lease Agreement of even date (as amended, the "Master Lease"), a memorandum of which was recorded in the official records of Orange County, California (the "Official Records") on June 17, 1996 at Document No. 19960305029, whereby Original Lessee leased certain real property, together with access and utility easements, located in Orange County, California from Lessor (the "Premises"), all located within certain real property owned by Lessor ("Lessor's Property"). Lessor's Property, of which the Premises are a part, is more particularly described in Exhibit A attached hereto,
2. Original Schedule No. 2 was amended by that certain Amendment No. 1 to Schedule No. 2 of Leased Property dated June 20,2011 (Original Schedule No. 2 and all subsequent amendments are hereinafter referred to as "Schedule No, 2"),
3. T-Mobile West Tower is currently the lessee under the Schedule No. 2 and the Master Lease as ultimate successor in interest to Original Lessee.
4. The Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto.
Site Name: CM090 Fire Station
Business Unit #: 823240
Documentary Transfer Tax $
Computed on full value of property
Computed on full value less liens & encumbrances remaining at lime of sale Computed on full value of lease surpassing the 35-year term limit Computed on leased area of the property
Exempt-remaining lease term with renewal options is 35 years or less Thrifty v. County of Los Angeles (1989) 2 10 Cal.App.3d 881 Signature ofDeclarant or agent
5. Schedule No. 2 had an initial term that commenced on May 1, 1996 and expired on April 30, 2001, The Master Lease provided for five (5) renewal terms of five (5) years each (each a "Renewal Term"), all of which were exercised by Lessee. According to the Master Lease, the final renewal term expires on April 30,2026.
6. Lessor and Lessee have entered into an Amendment No. 2 to Schedule No. 2 to Leased Property (the "Second Amendment"), of which this is a Memorandum, providing for two (2) additional Renewal Terms of five (5) years each. Pursuant to the Second Amendment, the final Renewal Term expires on April 30, 2036.
7. In the event of any inconsistency between this Memorandum and the Second Amendment, the Second Amendment shall control.
8. The terms, covenants and provisions of the Second Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee,
9. This Memorandum does not contain the social security number of any person,
10. A copy of the Second Amendment is on file with Lessor and Lessee. [Execution Pages Follow]
Site Name: CM090 Fire Station
Business Unit #: 823240
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor has caused this Memorandum to be duly executed on the dates written below.
LESSOR:
CITY OF HUNTFNGTON BEACH
APPROVED AS TO FORM
f^O^—^ By:-Byi_
MICHAEL E, GATES Name:
CITY ATTORNEY
CITY OF HUNTINGTON BEACH l llle:
Date;
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF _ )
On _ before me, _ _, Notary Public,
personally appeared _, whoproved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
(Seal)
[Lessee Execution Page Follows}
Site Name: CM090 Fire Station
Business Unit #: 823240
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessee has caused this Memorandum to be duly executed on the date first written below.
LESSEE:
T-MOBILE WEST TOWER LLC,
a Delaware limited liability company,
By: CCTMO LLC,
a Delaware limited liability company
Its: Attorney in Fact
By: ^
Name: A. '
Title: Sr. Mgr
Date: M/025/24
State of Texas
County of ttam'S
Before me, _jji_aine irsyior _, a ?t¥7^ Py]:)?icj ^", this day personally appeared LisaATSe'dawick'"" ^r, Mgr Real of CCTMO LLC, a
Delaware limited liability company, as Attorney in Fact for T-MOBILE WEST TOWER LLC, ^nfiwnjojne (or proved to me on the oath of_ or through driver's license, state id card, resident id card, militaiy id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowkdgedtome that j>he/he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ^->fd- _ day of 'Se.PI-QvtbCr, 2014 . ~~" IJ-A^J
(Personalized Seal) ' Notary Public's Signature
~^y^ BLAINE TRAYLOR
/^"}^(k Notary Public, State of Texas
l^-.^..^ Comm. Expires 02-14-2028
"'t0^ Notary ID 134763816
Site Name: CM090 Fire Station
Business Unit #: 823240
EXHIBIT A
Legal Description of Lessor's Property
LESSOR'S PROPERTY OF WHICH THE PREMISES ARE A PART IS LEGALLY DESCRIBED AS FOLLOWS:
19711 BUSHARD STREET
HUNTINGTON BEACH, CA 92646
APN: 153-314-35
ALL THAT REAL PROPERTY LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, DESCRIBED AS FOLLOWS:
LOTS 180 AND 181 OF TRACT NO. 4350, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 177, PAGE(S) 40 TO 44 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD.
Site Name: CM090 Fire Station
Business Unit #: 823240 5 Exhibit A