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HomeMy WebLinkAboutNew Cingular Wireless PCS, LLC - 43rd Street Memorandum of Amendment to Lease Agreement - 2024 WHEN RECORDED RETURN TO: New Cingular Wireless PCS,LLC c/o CCATT 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: 554-050-15-00 Prior recorded document(s) in San Diego County,California: June 20,2000,at#2000-0322955 MEMORANDUM OF AMENDMENT TO LEASE AGREEMENT This Memorandum of Amendment to Lease Agreement is dated and made effective as of the date of the last party to sign,by and between CITY OF NATIONAL CITY("Landlord"),with a mailing address of 1243 National City Boulevard, National City, California 91950, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact (collectively, "Tenant"), with a mailing address of 2000 Corporate Drive, Canonsburg,Pennsylvania 15317. 1. Landlord and GTE Wireless of the Pacific Incorporated, a Delaware corporation ("Original Tenant") entered into a Lease Agreement dated December 14, 1999 (the "Lease Agreement"),which was recorded in the official records of San Diego County, California on June 20, 2000 at Instrument No. 2000-0322955, whereby Original Tenant leased certain real property, together with access and utility easements, located in San Diego County,California from Landlord (the "Leased Premises"), all located within certain real property owned by Landlord (the "Landlord's Property"). The Landlord's Property,of which the Leased Premises is a part,is more particularly described on Exhibit A attached hereto. 2. New Cingular Wireless PCS, LLC is currently the tenant under the Lease Agreement as successor in interest to the Original Tenant. 3. The Lease Agreement had an initial term that commenced on December 15, 1999, and expired on December 14,2004. The Lease Agreement provided for four(4)extensions of five (5) years each, all of which were exercised by Tenant. According to the Lease Agreement, the final extension expires on December 14, 2024. Documentary Transfer Tax$ _Computed on full value of property _Computed on full value less liens&encumbrances remaining at time 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)210 Ca1.App.3d 881 Site Name: 43RD STREET 1 Business Unit#:845119 Signature of Declarant or agent 4. The Leased 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. 5. Landlord and Tenant have entered into an Amendment to Lease Agreement (the "Amendment"), of which this is a Memorandum,providing for one (1) extension of one (1)year. According to the Amendment, the final extension expires on December 14, 2025. 6. In the event of any inconsistency between this Memorandum and the Amendment, the Amendment shall control. 7. The terms, covenants and provisions of the Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. 8. This Memorandum does not contain the social security number of any person. 9. A copy of the Amendment is on file with Landlord and Tenant. [Execution Pages Follow] Site Name:43RD STREET 2 Business Unit#:845119 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Landlord has caused this Memorandum to be duly executed on the day and year first written below. LANDLORD: CITY OF NATIONAL CITY By: Name: )3-e Aw►A M-L Title: G� /mow• 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. ( $ �f % Q COUNTY OF ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evil. nce to be the person(s) whose names(s) is/are subscribed to the within instrument and ackno ledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and at by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of w' ch the person(s) acted, executed the instrument. I certify under PENALTY OF P. 'JURY under the laws of the State of California that the foregoing paragraph is true and rrect. WITNESS my hand and o cial seal SIGNAT ' •F NOTARY PUBLIC (Seal) [Tenant Execution Page Follows] Site Name:43RD STREET 3 Business Unit#:845119 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r<r. - c- - - 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 n�i e9 0 > ) On -2/-2 4( 0Z.6. before me, I. L—us 5Q r✓t A)a y' PJb/IG ate Here Insert Name and Title of the Officer personally appeared 2V1.`0c rn i n A- . ,4Aa`-1^I n •e Z �J Name(s)of Signer(s) 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. LATONVA V.HUSSAIIN If c1' Notary Public-Calitornla WITNESS my hand and official seal. 'r'- San Diego County 11 .�_y Commission k 2430598 av My Comm.Expires Dec 13,2026 � Signature Sign e of tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter-Iteration of the document or fraudulent reattachment of this form to an uninten'ed document. Description of Attached Document Title or Type of Document: locument Date: Number of Pages: Signer(s) Other Than Named • save: Capacity(ies) Claimed by Signer(s) Signer's Name: : gner's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Partner — El Limited El General ❑ Individual ❑Attorney in Fact El Individual ❑Attorney in Fact El Trustee ❑Guardian or Conse .. or ❑Trustee ❑ Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: Lh-` S '�CIt..c 'uC u4` , 2--e�f.1-is._wF o' `z„-- 'o--.� E,,__ e Rwf)'wr=W`(V' ox..%E.:1 ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Tenant has caused this Memorandum to be duly executed on the day and year first written below. TENANT: NEW CINGULAR WIRELESS PCS,LLC, a Delaware limited liability company By: CCATT LLC, a Delaware limited liability company Its: Attorney In Fact By: Name: Matthew Norwoo Title: Dir Nat'l RE Opp Date: 8///y -1 OZ5 State of Texas County of l}GtrCis Before me, Blaine Traylor , a Notary Public, on this day personally appeared Matthew Norwood , Dir Nat'l RE Ops of CCATT LLC, a Delaware limited liability company, as Attorney in Fact for NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, known to me (or proved to me on the oath of or through driver's license, state id card, resident id card, military id card, or passport)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 4 41 day of-540(tar`( , 202S . (Personalized Seal) Notary Public's Signature 111///e; BLAINE TRAYLOR °;••`4�;6:Notary Public,State of Texas Comm.Expires 02-14-2028 '')/ >s Notaryp,,� ID 134763816 Site Name:43RD STREET 4 Business Unit#:845119 EXHIBIT A (Legal Description of Landlord's Property) PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY, TOGETHER WITH EASEMENTS FOR INGRESS, EGRESS AND UTILITIES THERETO: SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: THE WEST QUARTER OF THE EAST HALF OF LOT 1 IN QUARTER SECTION 130 OF THE RANCHO DE LA NATION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,ON MAY 11, 1869. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE NATIONAL SCHOOL DISTRICT BY DEED RECORDED ON DECEMBER 7, 1951 AND FILED IN BOOK 4313, PAGE 483 AND 484 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THE SOUTHERLY 40 FEET THEREOF LYING WITHIN FOURTH STREET (ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARY OF NATIONAL AWARD HOMES UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 4370). PARCEL B: THAT PORTION OF THE WEST HALF OF LOT 1, IN QUARTER SECTION 130 OF THE RANCHO DE LA NATION,IN THE CITY OF NATIONAL CITY,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AN MAY 11, 1869 LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF INTERSTATE 805 (STATE FREEWAY 11-SD-805-10.9)AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED ON FEBRUARY 13, 1962 AS FILE/PAGE NO. 24766 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE NATIONAL SCHOOL DISTRICT BY DEED RECORDED ON DECEMBER 7, 1951 AS FILED IN BOOK 4313,PAGES 483 AND 484 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. Site Name:43RD STREET Business Unit#:845119 5 Exhibit A ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO CALIFORNIA WATER AND TELEPHONE COMPANY BY DEED RECORDED ON SEPTEMBER 27, 1950 AND FILED IN BOOK 3795,PAGE 292 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THE SOUTHERLY 40 FEET THEREOF LYING WITHIN FOURTH STREET. PARCEL C: THAT PORTION OF THE WESTERLY HALF OF LOT 1 IN QUARTER SECTION 130 OF THE RANCHO DE LA NATION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID PORTION WAS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1962 AS FILE/PAGE NO. 24766 OF OFFICIAL RECORDS OF SAID COUNTY;LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE FREEWAY 11-SD-805-10.9;SAID PART HEREBY CONVEYED DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO THE CALIFORNIA WATER AND TELEPHONE COMPANY BY DEED RECORDED SEPTEMBER 27, 1950, IN BOOK 3795, PAGE 292 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE FOLLOWING NUMBERED COURSES: (1) ALONG THE SOUTHERLY LINE OF SAID CALIFORNIA WATER AND TELEPHONE COMPANY LAND NORTH 72°13'll" EAST, 55.06 FEET TO THE EASTERLY LINE OF SAID STATE LAND; (2) ALONG LAST SAID LINE SOUTH 40°00'14" EAST, 415.79 FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE; ALONG LAST SAID LINE THE FOLLOWING TWO COURSES: (3) NORTH 48°46'48" WEST, 14.71 FEET; (4) NORTH 46°35'20" WEST,424.90 FEET TO THE POINT OF BEGINNING. TAX ID NO: 554-050-15-00 DERIVATION CLAUSE BEING THE SAME PROPERTY CONVEYED TO CITY OF NATIONAL CITY, GRANTEE, FROM STATE OF CALIFORNIA, GRANTOR RECORDED 02/17/1950, AS INSTRUMENT NO. 307 OF SAN DIEGO COUNTY RECORDS. ALSO DESCRIBED AS: Site Name:43RD STREET Business Unit#:845119 6 Exhibit A A PARCEL OF LAND LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO,WITHOUT A SITUS ADDRESS,IN NATIONAL CITY,CA CURRENTLY OWNED BY CITY OF NATIONAL CITY/PUBLIC AGENCY HAVING A TAX ASSESSOR NUMBER OF 554-050-15-00 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS 10.32 AC M/L IN S H OF 80AC LOT 1 QSEC 130 TR 166 AND DESCRIBED IN DOCUMENT NUMBER 598334 DATED 10/1987 AND RECORDED 10/23/1987. Site Name:43RD STREET Business Unit#:845119 7 Exhibit A