HomeMy WebLinkAboutAgr 2005-12-29 (Cingular Wireless)
Recordine Requested By:
SHARON FRASER
BECHTEL CORPORATION
4968 WILLOW ROAD_ SUITE A
PLEASANTON_ CA 94588
And When Recorded Return to:
SHARON FRASER
BECHTEL CORPORATION
4968 WILLOW ROAD. SUITE A
PLEASANTON_ CA 94588
APN: 058-171-82
Amending Instrument No. 1
Recorded on ,200_ at Book _, Page _
Space Above This Line For Recorder's Use Only
Re: Cell Site #SNFCCA2095C; Cell Site Name: Mar West Tiburon
State: CALIFORNIA
County: MARIN
FIRST, AMENDMENT TO MEMOkANDUM
OF
LEASE
This FIRST ,Amendment to Memorandum of Lease is entered into on this ~ day of
D-eoernber- ;200S: by and between Tiburon Town Hall, having a mailing address of 1505
Tiburon Blvd, Tiburon, CA (hereinafter referred to as "Owner") and New Cingular Wireless
PCS, LLC a Delaware limited liability company, having a mailing address of 6100 Atlantic
Boulevard, Norcross, GA 30071 (hereinafter referred to as "Tenant").
1. Owner and Tenant entered into a certain Site Agreement ("Agreement") on the ::l71h
day of HPJrI L , 2002:" as amended by that certain FIRST, Amendment
to Site Agreement for the purpose of installing, operating and maintaining a
communications facility and other improvements.
2. In addition to the Extension Terms presently set forth in the Agreement, the
Agreement will automatically renew for five (5) separate consecutive additional
periods of five (5) years each upon the same terms and conditions of the Agreement,
unless Tenant notifies Owner in writing of Tenant's intention not to renew the
Agreement at least sixty (60) days prior to the expiration of the existing term.
3. Owner agrees to relocate the Premises to accommodate the cabinets. Owner leases to
Tenant the Premises as more completely described on attached Exhibit I-A. Exhibit
I-A hereby replaces Exhibit A to the Agreement.
4. This First Amendment to Memorandum of Lease is not intended to amend or modify,
and shall not be deemed or construed as amending or modifying, any of the terms,
conditions or provisions of the Agreement, all of which are hereby ratified and
affirmed. In the event of a conflict between the provisions of this (First, Second,
Third] Amendment to Memorandum of Lease and the provisions of the Agreement,
the provisions of the Agreement shall control. The Agreement shall be binding upon
and inure to the benefit of the parties and their respective heirs, successors, and
assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this [First, Second, Third]
Amendment to Memorandum of Lease as of the day and year first above written.
::URONTOWN~rR) _ /
Print Name: ~
Title: ~ ~.,....
Address: ~''" '1l6Wtl ~l\JtL
~~\ ~ (4t~ZD
Date: 6J4~ 2..(. UOw
TENANT
By:
Print Name:
Its:
Date:
re Umited liability company
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Ca.1 ,..for (\1 ti
County of 1t(~VY\ ~Aa
On dll(\. ~~ :HJOh before me, rJUr\~....~jjEJ.~.~!tE~Y~,
1=. I-<.evi \:1 ~er ty
NAME(S) OF SIGNER(S)
.5(t"personally known to me .. OR .. 0 proved to me on the basis of satisfactory evidence
to be the person(S') whose name(.&} is/afe
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/Mrr/tA-etr authorized
capacity(ies-), and that by his/b.e-r/t~
signature~ on the instrument the person(~,
or the enUty upon behalf of which the
person(.&) acted, executed the instrument.
State of
personally appeared
1--.-"..-----1
JUNE MIY AJI
@-"commiSSion#1603258
j .... Notary Pubflc - California ~
. Contra Costa County
j _ ~ _ ~~~x~es~A~2~2009f
WITNESS my hand and official seal.
_~01Jt;ntJ n~
---rr StGNATUR~
OPTIONAL
Though the data betow is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Firs1- Amendrnent t-o
Meroo('af\LkUtY\ of lease-
TITLE OR TYPE OF DOCUMENT
Tm.E(S)
o PARTNER(S)
o LIMITED
o GENERAl
o AITORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANICONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NMIE OF PERSON(S) OR ENTJTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C A- ( I {: () L;1/ ( It-
County of /,4 i<- (Ai
On 'F~. J.j~ l-tbl", before me, ktl~ Cre...o T ~.
DATe NAME. TTTLE OF OFFICER - E.G.. .JANE DOe. NOTARY PUBUC" t
~on lIyappeared . .~ )A..c ~ ~ I
~S) OF SlGNER(S)
personally known to me - OR - 0 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 ac-
knowledged to me that he/shelthey 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 enUty upon behalf of which the
person(s) acted, executed the instrument.
I~ ~ - ~ -M.-cM~oA - J
_@ CommIsIIon /I 1561995
i Notary Public - California j
j MarlnCounly-
, _ _ _ ~~:..~_~1:+-
WITNESS ~seal.
~.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this fann.
CAPACITY CLAIMED BY SIGNER
g)NDIVIDUAL
If:::f CORPORATE OFACER
70tJ IJ AM,4-G ~
Tn1.E(8)
DESCRIPTION OF AllACHED DOCUMENT
fir;r A~~fo))..e~y~
I . ~ /J-U-R
TITlE OR riPE OF DOCUMENT
o PARTNER(S)
D LIMITED
o GENERAl
-2 7- !-~ f-;tI.~
NUMBER OF PAGES
o AlTORNEY-IN-FACT
o TRUSTEE(S)
o GUAROIANICONSERVATOR
o OTHER:
I,J- L9-oJ
DATE OF DOCUMENT
SIGNER IS REPAESENT1NG:
fWlIE OfF PEASON(S) OR ENTTTY(IES)
wvJv1! oj 7i ~ V ~~N
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT lA
DESCRIPTION OF PREMISES
Page 10f2
to the Memorandum of Lease dated A l)e~~ ;l. '1 , 2005, by and between
. _ p v t) (..1 c. ,r.) , , " .
between Tlburon Town Hall, a "'6~/Jcy ~, as i>wner, and NEW CINGULAR WIRELESS,
LLC, a DELA WARE LIMITED LIABILITY COMPANY, as Tenant.
Owner owns certain property with an address of 1505 Tiburon Boulevard, TIBURON,
CA 94920 hereinafter identified as the "Property," legally described as follows:
t x b.Jz..J- I A
ESCROW NO. 260141 Ave
ALL THAT CERTAIN real property situate in the City of Tiburon, County of MarinI State of
California. described below as follows~
A portion of Parcel-A". as shown upon that certain Parcel Map entitled '"Parcel Map of a Pori:.:.n
ot Section 6. T. 1 5., R ~ W~, M. D. B. & M. in the CIy ofTiburoii. Morin County. Carrfomia-, n~( tj
for record December 7, 1978 in Book 15 of Paroel Maps. at Page 90. Memn County Reoords; said
portion described as foA0W6:
BegEnning at the most Northerly comer of said Parcel -A-: said cornel ;:':;0 b8iI1g a point on the
Southeriy light of way line of Mar West Street and a point on th$ SOI,lttr...es',~ line of lot 10. as
shown upon that certain Map entitled -F>oInt TIburon-. meet for record Fobn..'!II'Y 16. 1984 in
Volume 19 of MaP5.at Page 4. Marin County Records; thence along th~~ Northeas1erly line of
said Parcel-A" and said Southwesterly IN of Lot 10. South 850 41' 324 East. 261.79 feet
(reoorded South 650 2X 40- East. 15 PM 90) to the true point of beginning; thence from the true
point of beginning,.$.1Qng said NortheaSterty line of Parcel-A" and Southwesterly line "j Lot 10.
South 650 47' aT East. 114.50 feet to a point; thence leaving said Northeasterly and
SouthweSterly lines. South 360 25. 08" West. 203.05 Ieel to a potnt on the NorU~I;:' right of
way line of lburoo Boulevard; thenCe along said NortheaSterly right of way line of "ituron
BOUt&Vard. North 55- 55' 4T Weal, 112.00 feet (rccordod North 550 35' West, 15 PM 90) In a
point thence leaving said right of way fllle. North 360 25' OS' West. 183.42 feet to the true point of
beginning.
Excepting therefrom~
The titie and exclusive right to all of the minerals and mineral ores of 8VBry kind and character
now knOtNn to exist or h8f'8sftBr dlsoOVered upon. with or I..fnd$rtying said land or that may be
produced therefrom incIudlnQ. without imiting the generaily of the foregoing. all petroleum. on,
natural gas and other hydrocarbOn substances and products derived therefrom. together with tho
exclusive and perpetual right of said Grantor. its' sueoelSOfS and assigns. of ingress and egress
beneath the surtnce of said land to explore fore, extrad~ mine and remove the same. and to
make use of the said land beneath the surfaOB 8S is necessary or useful in connection therewith,
which use may include lateral or &lent driling. boring. dlggmg or sinking of wells. Ahlfts or
tunnets. provided however. that said Grantof. its successors end assigns shall not use the
surface of saki l8rld In the oxemi88 of any of saki oEJirtS and shall not disturb the GUrface of said
land or any Impmvementa thereon. or remc:we or repair the lateral or subjacent support of said
land or any improvements thereon, as reserved in !he Deed from Northwestern Pacific Ratlroad
Company. 8 corporation. recorded January 31. 1955 in Book 917 of Ofttcial Records at Page 311
and Ot:Iannber 13.1956 in Book 1070 ofOfftdal RKORIf at Pag~ ~1R, Marin County Records.
Cell Site No. SNFCCA2095C
Market:_SF Bay 2
Address: 1505 Tiburon Blvd. Tiburon, CA 94920
F~ AMENDMENT TO SITE AGREEMENT
THIS FIRST AMENDMENT TO SITE AGREEMENT ("Amendment"), dated as of the
latter of the signature dates below, is by and between TOWN OF TIBURON, a MUNICPAL
CORPORATION, having a mailing address of 1505 TIBURON BLVD. TIBURON, CA 94920
(hereinafter referred to as "Owner") and New Cingular Wireless PCS, LLC, a Delaware limited
liability company having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia
30071 (hereinafter referred to as "Tenant").
WHEREAS, Owner and Tenant entered into a Site Agreement dated /lPbL ~7. LlJfJS-;
whereby Owner leased to Tenant certain Premises, therein described, that are a portion of the
Property located at 1505 Tiburon, Blvd., Tiburon, CA 94920 ("Agreement"); and
WHEREAS, Owner and Tenant desire to relocate the equipment area as more
completely described on attached Exhibit I-A.
WHEREAS, Owner and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Owner and Tenant desire to amend the Agreement to permit Tenant to add,
modify and/or replace equipment in order to be in compliance with any current or future federal,
state or local mandated application, including but not limited to emergency 911 communication
services; and
WHEREAS, Owner and Tenant, in their mutual interest, wish to amend the Agreement as
set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Tenant
agree as follows:
1. The attached Exhibit IB hereby replaces Exhibit B to the Agreement.
2, Notices. The second paragraph of Section 6 of the Agreement is hereby deleted in its
entirety and replaced with the following: 6A. NOTICES. All notices, requests, demands and
communications hereunder will be given by first class certified or registered mail, return receipt
requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when
properly sent and received, refused or returned undelivered. Notices will be addressed to the
parties as follows. As to Tenant, c/o Cingular Wireless LLC, Attn: Network Real Estate
Administration Re: Cell Site # SNFCCA2095C, Cell Site Name MAR WEST TIBURON, 6100
Atlantic Boulevard, Norcross, GA 30071, with a copy to Cingular Wireless PCS, LLC, Attn:
'1/")01\< rA "C~_ A__"_....+
Legal Department 15 E Midland A venue, Paramus, NJ 07652 Re: Cell Site # SNFCCA2095C,
Cell Site Name MAR WEST TIBURON,; and as to Owner, Tiburon Town Hall, 1505 Tiburon
Blvd., Tiburon, CA 94920, Atto: Town Manager. Either party hereto may change the place for the
giving of notice to it by thirty (30) days prior written notice to the other as provided herein.
3. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Amendment, the terms of this Amendment shall control. Except as
expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in
full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to
this Amendment.
4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement
IN WITNESS WHEREOF, the parties have caused their properly
representatives to execute and seal this Amendment on the dates set forth below.
OWNE~
By:
Name: ItUtK Mc.'~1'fU
Title: "t>~ ~tI'-
Address: 1Sb.r1\6UIfu ~
1l"-~( f.A\.1'li2U
authorized
Approved as to Form:
/ ,//,/;.:7 /?
~~/~~
Ann R. Danforth, Town Attorney
Date:
~ 2, t "2<<>fD
TENANT:
By:
Print Name:
Its: kl
Date:
LC a Delaware limited liability company
"l'''IV\C r A c^~ ".......o...,1.....~.
Exhibit lA
tX;Jl'W IA
ESCROW NO. 260141 Ave
ALL THAT CERTAIN real property situate in the City ofl1buron. County of Marin, State of
California. described below as follows:
A portion of Parcel-A", as shown upon that certain Parcel Map enfiffed -Parcel Map of a Portion
of Section 6. T. 1 S., R.S W~. M. D. B. & M. in the CIty of Ttbuton. Marin County. Caflfomtall. fifoo
for record December 7. 1978 in Book 15 of Parcel Maps, at Page 90. Marin County Records; said
portion described as follows:
Beginning at the most Northerty comer of said Parcel - A-: said comer also being 8 point on the
Southerly right of way fine of Mar West Street and a point on th$ SQUthwestedy line of Lot 10. as
sho\vn upon that certain Map enitled '"Point Tiburon". flied for record February 16. 1984 in
Voaume 19 of Mapa..at Page 4. Marin County Records; fhence along the Northeas1er1Y line of
said Paroel-A i and said Southwesterly line of Lot 10. South 850 47' 32- East. 261.19 feet
(recorded South 650 2Z 40- East. 15 PM 90) to the true point of beginning; thence from the true
potnt ofbeginnlng,.QfQng ~ Northeasterly One of Parcel-A- and Southwesterly line of Lot 10.
South 650 47' 3T East. 114.50 feet to a point; thence leaving said Northeasterly and
Southwesterly lines. South 380 25' 08' West. 203.05 teet to a poInt on the NortheasMly right of
way line of 1buron BooIevartI: thenCe along said Not1heastedv right of way liM of rlburon
BouleYard. North 55- 55' 4T WEI6t. 112.00 feet (mcordod North 550 35' West. 15 PM (0) to a
point thence leaving said right of way rme. North 3&' 2S 08' West, 183.42 feet to the true point of
beginning.
Exc:eptlng th8fefrom~
The title and exclusive right to all of the minerals and mineral ores of every kind and character
now known to exist or henJaftBr dlsoov8r8d upon, wif1 or uoO$rfyiog said land or thai may be
produced thelefrom indudfng. wiIhout lmiting the generally of the foregoing. aD petlOteum. 01,
natural gas and other hydrocarbon substanCeS and products derived therefrom. together wIh the
exclusive and perpetual right of said GranttJr. Is' sucoeuors and assigns. of ingress and egress
beneath Ule surface of said land to explore fore. extract, mine and remove the same, and to
make use 01 the said land beneath 1he surface as is neoess&l y or useful in connection thereWith.
which use may ~ lateral or slant driIing. boring. digging or sinking of wells. Ahatts or
tunnels, provided how8ver. that said Grantor. Its successors and assigns shaH not use the
surface of saii land In the exerci8e of any of I8kt J9rta and shal not disturb the surface of said
land or any Improvements ~ or remove or repair the tateraI or subjacent support of said
land or any improvements diet eot I. 88 reserved in the Deed from Not1h-A&. n Paeific RsIfroad
Company. a corporation. ~ JaruHy 31. 1955 in Book 917 ofOftOal Records at Page 311
and DtM.:ernber 13, 1956 In Book 1070 ofOffIlCial Recgrds at Page 616.. Uarin County Records.
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