Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801 Prior Recorded Lease Reference:
Attn: Land Management/Erin O'Reilly, Esq. Document No: 20211778954 ATC Site No: 411516 State of California
ATC Site Name: Avenue L CA County of Los Angeles
Assessor's Parcel No(s): 3125-010-915
MEMORANDUM OF LEASE
This Memorandum of Lease (the "Memorandum") is entered into as of the latter signature date hereof, by and between City of Lancaster, a California Municipal Corporation, ("Landlord") and Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless, a California limited partnership ("Tenant").
WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company ("American Tower"), pursuant to which American Tower subleases, manages, operates and/or maintains, as applicable, the Leased Premises, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the "POA") to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and
WHEREAS, Tenant desires to expand the Leased Premises pursuant to Section 4 of the First Amendment wherein Landlord granted to Tenant an irrevocable option to expand the Leased Premises ("Option") to include approximately an additional three hundred thirty-six (336) square feet contiguous to the Leased Premises ("Option Area").
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Lease dated May 1, 2001 (as the same may have been amended from time to time, collectively, the "Lease"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such Site No: 411516
VZW Site No: 123016
Site Name: Avenue L CA
Project No: 13736349
portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the "Leased Premises"), which Leased Premises is also described on Exhibit A
2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company ("'American Tower"), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein. In connection with these responsibilities, Tenant has also granted American Tower a limited power of attorney (the "POA") to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA.
3. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be April 30, 2061. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.
4. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey.
Upon Tenant's request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease.
5. Exercised Option Area. The Landlord acknowledges that Tenant is exercising its option on the approximately three hundred thirty-six (336) square foot Option Area as depicted and/or described on Exhibit B attached hereto and by this reference made a part hereof.
6. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.
7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: Lancaster City Hall, Attn.: City Manager, 44933 N. Fern Avenue, Lancaster CA 93534; to Tenant at: Attn: Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921 Attn.: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116.
Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above.
Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.
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Site Name: Avenue L CA
Project No: 13736349
8. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
9. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES COMMENCE ON FOLLOWING PAGE]
Site No: 411516
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Site Name: Avenue L CA
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IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.
LANDLORD 2 WITNESSES
City of Lancaster,
a California Municipal Corporation,
Signature:
Signature: Print Name:
Print Name:
Title: _ Signature: _
Date: Print Name:
ALL CAPACITY ACKNOWLEDGMENT
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
County of
On _ before me, _ , Notary Public,
personally
(print name of notary)
appeared _ who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(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 officer [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Site No: 411516
VZW Site No: 123016
Site Name: Avenue L CA
Project No: 13736349
TENANT WITNESS
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless,
a California limited partnership,
Signature:
By: ATC Sequoia LLC, a Delaware limited liability Print Name:
company
Title: Attorney-in-Fact Signature:
Print Name:
Signature:
Print Name:
Title:
Date:
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this _ day of , 202 - before me, the undersigned Notary _ who proved to me
on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Print Name:
My commission expires: [SEAL]
[END OF SIGNATURES]
Site No: 411516
VZW Site No: 123016
Site Name: Avenue L CA
Project No: 13736349
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below.
PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or deeds) that include the land area encompassed by the Lease and Tenant's improvements thereon.
The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.
Being situated in the County of Los Angeles, State of California, and being known as New Castle County APN: 3125-010-915.
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.
The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements.
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:
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VZW Site No: 123016
Site Name: Avenue L CA
Proiect No: 13736349
EXHIBIT B
OPTION AREA
This Exhibit B may be replaced at Tenant's option as described below.
PROPOSED
CHAIN LINK FENCE W/ 16'X21
WIRE MONOPINE LEASE AREA
BARBED
PRIVACY SLATS (336 SQ. FT.)
in
PROPOSED PROPOSED 15 0° FENCE
11/0 3-0° PROPOSED 16-0" LEASE AREA
GROUND SPACE
11'-6" × 20'-0"
FENCE & LEASE AREA SHELTER
TRN
(GRAVEL
TRN SURFACE
PROPOSED FENCE
TO MATCH EXISTING PROPOSED
- 5'- 1" X 9'-2" 6-0" GATE 7-6
SEN, PAD
PROPOSED 21:0° FENCE & LEASE AREA
12'-0" GATE
38'-0"
40'-0° LEASE AREA
Site No: 411516
VZW Site No: 123016
Site Name: Avenue L CA
Project No: 13736349
Instructions for completing the Resolution and Consent Affidavit *IMPORTANT INFORMATION BELOW*
In order to avoid delays in the completion of this transaction, the Resolution and Consent Affidavit must be signed by ALL Members, Partners, Directors, Shareholders, Officers or Trustees of the organization.
Section 6 of this form allows for the organization to appoint one person to sign the remaining documents but ONE HUNDRED PERCENT (100%) of the ownership or voting interest of the organization must sign this first. Failure to comply with these instructions or properly indicate the percentage of ownership and/or voting interest will result in delays and could require the documents to be re- executed. If you have any questions, please contact your land lease representative.
Site No: 411516
VZW Site No: 123016
Site Name: Avenue L CA
Project No: 13736349