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Home My WebLink About2009-011662. � JULIE RODfWA�-�) � San Luis Obispo Coyt-ClerkiRecorder HecoMed at the request oi Public �o y�ir�ooe 11:38 AM � o c # : 2d�1�011662 PLEASE COMPIETE THIS INFORMATION RECORDING REQUESTED BV: TowerCo Assets LLC Sheneshia Fitts, Legal Department AND NMEN RECORDED MAIL TO: Legal Department TowerCo Asseb LLC 5000 Valleystone Drtve Cary, NC 27519 III Tkles: 1 Fses Tass Olhsrs PAID ragss: 7 28.00 0.� 0.00 $28.00 Space aDOVe thls Iine for reeoMers use ony Memorandum of Agreement TRIe of Document �,: DTT: �'�� THIS PAGE AODED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4RE0 (Rev. 03/2008) V �.J (Recorder's Use Above This Line) STATE OF CALIFOItNIA COUNTY OF SAN LUIS OBISPO Pazcel No: 077-061-016 MEMORANDUM OF AGREEMENT Document Date: �' " �� ' � - - Grantor/Lessor: Address: Grantee/Lessee: Address: CTf Y OF ARROYO GRANDE, a municipal corporation 214 East Branch Street, Arroyo Graade, CA 93420 TOWERCO ASSETS LLC, a Delaware limited liability company 5000 Valleystone Drive, Cary NC 27519 Legal Description of the Land is attached as Attachment A on Page 5 Prepamd by and after recording retum to: TowerCo Attention: Legal 5000 Valleystone Drive Cary, NC 27519 Memonndum of Agramw�t Pege 1 of 6 TowaCa ID: CA2347 Cuade ID: CA6894 � � MEMORANDUM OF AGREEMENT Thl This Memorandum of Agreement ("Memorandum") is entered into on tlris j 0 day of '�E//WpRy , 200 °�, by and between CITY OF ARitbYO GRANDE, a municipal corporarion, having a mailing address of 214 East Branch Street, Arroyo Grande, CA 93420 (hereinafter refeaed to as "Landlord"), and TOR'ERCO ASSETS LLC, a Delaware limited liability company, having a mailing address of 5000 Valleystone Drive, Cary, NC 27519 (hereinafter refeaed to as "TenanY'). 1. Landlord and Nextel of California, Inc., a Delawaze corporation d/b/a Nextel Communications ("Sprint/Nextel") entered into that certain Communications Site Lease Agreement (Ground) dated May 23, 2000, as amended, if applicable (as amended, the "AgreemenY') for certain real pmperty and easements described in ATTACffiNIENT B attached hereto (collectively, the "Premises"), wluch are a portion of that certain parcel of real property owned by Landlord loeated in the County of San Luis Obispo, State of California, described in ATTAC�NT A attached hereto (the "Land"). 2. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 7 LLC ("Tower Entity"), by that certain Assigntnent and Assumption of Ground Lease dated September 23, 2008 to be recorded among the official records of the County of San Luis Obispo, State of California. 3. Tower Enrity was acquired by and merged into Tenant. 4. The term of the Agreement is for five (5) years commencing on November 24, 2000. 5. The Agreement may be extended for three (3) successive five (5) year terms. 6. The purpose of the Memorandum is to give record notice of the Agreement and of the rights created thereby, all of which are hereby confirmed. The terms of the Agreement aze incorporated herein by reference. In the event of a conflict between the terms of this Memorandum or the addition of any terms in this Memorandum which are not contained in the Agreement, such conflicting or additional terms shall be deemed to be part of the Agreement and shall otherwise amend the Agreement and be controlling. [SIGNATURES APPEAR ON NEXT PAGE] Memorendum of Agament Pege 2 of 6 Towe�Co N: CA2547 Cescade m: CA6894 � �.J IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and yeaz first above written. LANDLORg: CTTY OF ARROYO GRANDE, a municipal corporation By: .. �vame:`7'ivy F�RR�v� Title: J�i4 y02 �� Date: �,�z�� / Approved as to form: By: Name: TlM�J.C/4wM$L� TiUe: L (?y �Z�RIN � Date: Z'/D'4q TENANT: TOWERCO ASSETS LLC, a Delaware limited liability company By: lJc��— Name: Daniel Aunt Title: Vice� sident and CFO Date: 3 (TJh1 Mettwrandum of Agrament Page 3 ofb TowerCo ID: CA2347 Cascede m: CA6894 � LANDLORD ACKNOWLEDGMENT STATE OF LQ.G�� ) /)� ) ss: COUNTY OF � ' 1�� ) LJ On �Q� before e, ��1ll�h ��l.�ia%/�l/� personally appeared �� who �roved W me on Uu basis of satisfactory evidence W be th persoc�(Sj'whose name(e� is/�re subscribed to the within instrument and acimowledged to me that hdshe/tl� executed the same in his/6�rkh�ir suthoriud capacitp�ies� and that by his/hodth�ir sigoature�ej'on the instrument the personEs), or the entity upon behalf of which the � i�pcted, executed the instrumeat I certify under penalty of perjury urtder the Iaws of the State of �iCPl�fl,eit that t6e fongoing paragraph is true and comct. Witness my hand and official seal. �� t�w�iau o o� ! f.�U (NOTARY SEAL) � / � � . .. �� . ..� � /li�►� Notary Public: My Commission Expires• �� 7 il�� TENANT ACIQ�TOWLEDGMENP STATE OF 1�1pts-Fh CA�b1�...p ) ) ss: COUNTY OF V.�� ) On_ (�p(r� � �OO befoceme, �Ac�y� �A ��c.�SC�.S �-PS�'1 personally appeazed�Daniel Hun; who proved to md on the . basis of satis�ctory evidence to be the person(s) whoae name(s) is/are subscribed W the within instrument and acknowledged to me thet hdshe/they ex�uted the same in his/her/the'v authoriud capacity(ies), and that by hisJherhheir signabu�e(s) on the instrument the person(s), or the entiry upon behalf of which the pmaon(s) acted, executed the instrument I certify under penalty of perjury under the laws of the State of (VcrJh Grphr.p. that the forogoing paragiaph is true and correct Wilness my hand and official seal. (NOTARY SEAL) Memonnd� otApeamaM T��:�„ Gtadsm:CA669/ I � Notary Public: t�`G�P � �d S- �5 � My Commission Expires: � �S � Da�l Ang�a Edwards�Rash Commission Expires 7J1512009 Wake County,.North Carolina Mge 4 of 6 \./ ATTACHIYIENT A LAND Property located in San Luis Obispo, CA � PARCEL 1: 1'hat portion of Lot 106 of the Rancho Corral de Piedra Pismo and Bolsa de Chamisal, subdivided by Jas T. Stratton, C.E, September 1873, in the Ciry of Arroyo Grande, County of San Luis Obispo, State of Califomia, according to map recorded in Book A, Page 65 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most Southerly carrier of Tract No. 45 as shown on map entitled "Tract No. 46, a subdivision of a part of Lots A, B, C, 22 and 23 of the Town of Grover'and a port of Lot 106 of the Subdivision of Rancho Corral de Piedra, etc.", recorded In Book 5, Page 64 of Maps; thence North 3° 22' 30" East, a distance of 218.64 feet; thence South 86° 34' 30" East a distance of 495.50 feet to the true point of beginning; thence from said true point of beginning SouUt 86° 34' 30" East, 400 feet to a point; thence North 3° 25' 30" East, 200 feet to a point; thence North 86° 34' 30" West, 400 feet to a point; thence South 3° 25' 30" West, 200 feet to the nun point of beginning. PARCEL 2: An eacement for roadways pipe►ine, reservoir and incidental purposes over that portion of Lot 106 of the Rancho Corral de Piedra Pismo Bolsa de Chamisal, subdivided by Jas T. Shatton, C.E. September 1873, in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, according to map recorded in Book A, Page 65 of Maps, In the office of the County Recorder of said County, described es follows: Beginning at a point on his Easterly line of Tract No. 46 said point being located North 3° 22' 30" East a distance of 218.84 feet &om the most Southerty Corner of Tract No. 46 as shown on map recorded in Book 5, Page 64 of Maps: thence South 86° 34' 30" East, 495.50 feet to the Southwest corner of above described property; thence North 3° 25' 30" East, 20 feet to a point; thence North 86° 34' 30" West, 484.64 feet to a point on the Easterly line of said Tract No. 46; thence South 60° 29' West, 36.78 feet to the point of beginning. PARCEL 3: M easement for roadways, pipelines, reservo'v and incidental purposes over that portion of Lot 106 of the Rancho Corral de Piedra Pismo and Bolsa de Chamisal, subdivided by Jas T. Stratton, C.E. September 1873, in the City of Arroyo Grande County of San Luis Obispo, State of California, according to map rewrded in Book A, Page 65 of Maps, in the office of the County Recorder of said Counry, described as follows; Beginning at the most Southerly comer of Tract No 46 85 Shown on map recorded in Book 5, Page 64 of Maps: thence North 3° 22' 30" East, 218.84 feet; thence South 86° 34' 30" Eest, 895.50 feet ta the true point of beginning; thence from said true point of beginning South 86° 34' 30" East, 100 feet; thence North 3° 25' 30" East, 20 feet; thence North 86° 34' 30" West, 100 feet; thence South 3° 25' 30" West, 20 feet to the true point of beginning. Tax Parcel No. 077-061-016 Memonndum of Agrammt P�ge 5 of6 TowaCo ID: CA2347 Cascade N: CA6894 � � ATTACHMENT B PREMISES A portion of the Land, including a11 necessary access and utility easements, ail as more accutately depicted below: Momonodum of Agreement TowaCo ID: CA2547 Cescade ID: CA6894 Pege 6 of 6 :i� 1 1 1��1 �. � _ � April i4, 2009 � TowerCo City of Arroyo Grande 2i4 East Branch Street Arroyo Grande, CA 934 � Re: TowerCo ID.: CA2547 Recorded copy of Memorandum of A,greement To Whom It May Concem: Enclosed please find a copy of the recorded Memorandum of Agreement executed by you and TowerCo. Thank you for your cooperation in this matter and please contact me with any questions. Sincerely, C i�'YV/�'+.n�� Sheneshia Fitts Legal Department 9 sfitts@towerco.com �� SOOOYallcysmne Dr. SiYU 200 SYu Cary. NC 27519 g 919.1695559 � � 919.1695530 �' iMo�[ewereo.mm �e ��