HomeMy WebLinkAboutAgr 2005-12-29 (New Cingular Wireless)
Recordin, 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 MEMORANDUM
OF
LEASE
This FIRST ,Amendment to Memorandum of Lease is entered into on this ~ day of
D~ber- , 2ooS: 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 271h
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.
::URONTOWNlrr~) /"
Print Name: ~
Title: ~ ~.,.....
Address: .,~~..-. ~lwL
~~\ fAt f4t..zo
Date: 8J&~ z." 2J014
TENANT
By:
Print Name:
Its:
Date:
e limited liability company
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Ca.l ',.for ('\ I ~
County of 1\:. (~VY\ ~JJa
On dt\(\. 16, ~QOh before me, J Uf\e.. "^ I \1I1~ ~ I N ~ttAN Pu0lt c:...
DATE NAME~EFf. E.G.. JANE DOe. itOTARYPUBUC"
~l;(e"in ~ertv
NAME(S) OF"1SIGNER(S)
personally appeared
~personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(8') whose name~ is/a.fe
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/Mn'/Uwrtr authorized
capacity(ies-), and that by his/ber/thetf
signature~ on the instrument the person (a) ,
or the enUty upon behalf of which the
person(.&) acted, executed the instrument.
J-~-..~------'
JUNE MIVAJI
a. Commission # 1603258
i -,,;. Notary Public - California ~
j' Contra Cosla County (
-ow" ,... __ ~ ~or:m~x~es~ A~g 2!: 2009.r
WITNESS my hand and official seal.
-9'hniJ ~
SlGNATU TARY
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 form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATIACHED DOCUMENT
Flrsr Amendl'Y\en+ +0
M~o('af\dUtY\ of lease.-
TITLE OR TYPE OF DOCUMENT
T1T1.E(S)
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY .IN-FACT
o TRUSTEE(S)
o GUARDIANICONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C t4- ( I {: {) R....;} ( It-
County of ~A-Il ( Ai
On 1-th-. .LI/ hO/P before me, '{)IW CrZM.tl T ~.
DATE NAME. TT1l.E OF OFFICER - E.G.. .JANE DOE. NOTARY PUBLIC" '
;zon lIyappeared . .~ ~c Lt. ~ .,
~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.
J~~~-~-~"""-lO-
DW* CRANE 1AC0PI
_~ CommIsaIon # 1551995 J
i Notary Public - California I
j MarlnCounly-
_ _ _ ~~:..~_~1~+-
WITNESS ~seal.
~.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law t it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
g)NDIVIDUAL
f!d' CORPORATE OFRCER
70wtV ~A-N*, ~
Tm..E(S)
DESCRIPTION OF ATTACHED DOCUMENT
fi,,;r A~~f<:>~~y~
I . rt /J2 U-Q
TITLE OR rYPE OF DOCUMENT
o PARTNER(S)
D LIMITED
o GENERAL
.2 -t l.:J..iJ, f- II. h-.r
NUMBER OF PAGES
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANICONSERVATOR
D OTHER:
/rJ-L9-0j
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
HoWE Of PERSON(S) OR ENTTfY(ES)
10 vJv1/ ~ 7f ri V ~~ N
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT lA
DESCRIPTION OF PREMISES
Page lof2
to the Memorandum of Lease dated .4 [)ec:~ ~ 'i , 2005, by and between
. _ pc) 4(../(..,tJ " .
between Tlburon Town Hall, a "'6~/lcy r-. as ~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 ~,.w I A
ESCROW NO. 260141 Ave
ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin} State of
California. described below as foIlows~
A portion of Parcel-A"', as shown upon that certain Parcel Map entitled .Parcel Map of a port',:.n
ot Secbon 6. T. 1 5., R. ~ W;, M. D. B. & M. in the CIty ofTiburon. Morin County, Cafrfomta-, fii(d
for record December 7. 1978 in Book 15 of Parcel Maps. at Page 90. Mmin County Records; said
portion described as foAow&:
Begh1ning at the most Northerly comer of said ParceI-A-: said comer ;:::H) b8iI1g 8 point on the
Southerly right of way line of Mar West Street and a point on \he Sovlt1'...e;:;';ady line of lot 10, as
shown upon that certain Map entitled ~ TiburonW. meet for record Fcbcn..'3f'Y 16.1984 in
Volume 19 of Maps. at Page 4. Marin County Records; thenCe along th~~ Nort:heaS1ef1y line of
said Paroel-A~ and said Southwesterly IN of lot 10. South 85D 47' 32" East. 261.79 feet
(recorded South 65022.40- East. 15 PM 90) to the true point of beginning; thence frorr the true
potnt of beginning, ~Iong said Northeasterly Itne of Parcel-A- and Souf,hwesteriy line (.,j Lot 10.
Sourh 650 47 aT East, 114.50 feet to a point: thence IeeVing said Northeasterly and
SouthweSterty lines, South 360 25' 08' West. 203.Ob teet to a pomt on the NOIU~1 i;' right of
way line of Tburon BouIeVartl; thenCe along said Northea8t8rlV right of way line Qf ,. i:.:uron
BOUlevard, North 55- 55' 4T w_t.. 112.00 feat (recorded Nor1h 550 35' West, 15 PM 90) In a
point thence leaving said right of way fll18, North 360 25' OS' West, 183.42 feet to the true point of
begin n tng.
Excepting therefrom:
The tiDe and exclusive right to at1 d the minerals and mineral ores of every kind and character
now known to exist or henJsftBr dl5oOV8f8d upon. will or undertying said land or that may be
produced therefrom indudlnQ, withoUt limiting the generality of the foregoing. aU petroleum. 011,
natural gas and other hydrocarbon substances and products derived therefrom. together with tho
exclusive and perpetual right of said Grantor. j&' succeltOfS and assigns, of ingress and egress
beneath the surtnce of said land to expIora fore. extrad~ mine and remove the same, and to
make use of the saki land beneath the surface 8S is necessary or useful in connection there1Nith,
which use may include lateral or &lent driling. boring. digging or sinking of wells, shafts or
tunnels, provided howeVer. that said Grantof, its successors and assigns shall nd use the
surface of sai1land In the ~ aae at any of MkI fights and shal not disturb the GUrface of said
land or any Improvarnenta ther8On, or remove or repair the lateral or subjacent support of said
land or any improvements thereon, 8S reserved in 1he Deed from Northwestern Pacific RaIlroad
Company, a corporation. recorded Januowy 31. 1965 in Book 917 ofOfltciaI Records at ~ 311
and Ost.1ffnber 13, 1956 k1 Book 1070 of OffICial R~ at Peg':\' 151R, 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 I'IPhL ~1. Lo()5';
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:
11"U\I\< r' A C~-. II. ...._..1.........
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, Attn: 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: 1tUtK' Mc.\t.)T'fU
Title: 'Tt)~ ~&'-
Address: ISbS""1\~ ~
ll"-~l CIA,. 1'lilU
authorized
Approved as to Form:
#~/~
Ann R. Danforth, Town Attorney
Date:
~ 2. t "2<<>(0
TENANT:
By:
Print Name:
Its: ~
Date:
LC a Delaware limited liability company
'1 '''lnnc r A C^.......-- A ......0...,.1-....-...
Exhibit lA
txl1-'W IA
ESCROW NO. 260141 Ave
ALL THAT CERTAIN real property situate in the City of Tiburon. County of Marlnl State of
CalifornIa. described below as follows:
A portion of Parcel · A., as shown upon that certain Parcel Map entitfed "'Parcel Map of a Portion
ot Section 6. T. 1 S., R5 W~. M. D. B. & M. in the CltyofTlburon. Mmin County, Caflfomtall. filoo
for record December 7. 1978 in Book 15 of Parcaa Maps, at Page 90. Marin County Records; said
portion described as foHows:
Beginning at the most Northerly comer of said Pan:eI -A-: said comer also being 8 point on the
Southerly right of way line of Mar West Street and (I point on (htt SQUlhwestedy line of lot 10. as
shown upon that certain Map entiled "PoInt Tiburon". fled for record February 16. 1984 in
Voaume 19 of Maps..at Page 4. Marin County Records; thence along the Northeasterty line of
said Parcel-A- and said Southwesterly h of Lot 10. South 85D 47' 3T East. 261.79 feet
(recorded South 650 7Z 40- East. 15 PM 90) to the true point of beginning; thence from the true
polnt of beginning, ,.QKv1g ~ Northeasterly line of Parcet -A- and Southwesterly line of lot 10.
South 650 47' 3T East 114.50 feet to a point: thence leaving said Northeasterly and
$outhweSterIV lines. South 360 25' 08' West. 203.05 feet to a pomt on tt1e NorthBasM"ly right of
way line of Tburon Bculevard; thenCe along said Not1heaStedv right of way 11M of rlburon
Boul&Y8rd. Nor1h 55- 55' 42" Weat. 112.00 feet (mcordcld North 550 ~5' West. 15 PM 00) to a
point thooceleaving said right of way rlll8, North 3f)O 25' 08' West. 183.42 feet to the true point of
beginning.
Excepting therefrom;
The ti1Ie and exdusiw right to aD of the minerals and mrneral ores of every kind and character
now known to exist or hereaftBr dlsooY8f8d upon. wih or und$rfying saki land or that may be
produced thelefrom incIud1ng. wihout Broiling the generally of the foregoing. aU petroleum. oil,
natural gas and other hydrocarbon substanCeS and products derived therefrom. together wIh the
exclusive and perpetual right of said GrantDr. Its' SlICOHIOfS and assigns. of ingress and egteS-5
beneath ihe surface of said land to expIOfB fore, extract, mine and remove the sam&, and to
make use of the said land beneath the surfac8 as is necessary or useful in connection thereWith,
which use may ilclUde Iaterat or slant driIing. boring. digging or sinking of 'NeIls, Ahafts or
tun,*s. provided however. that said Grantor, Its successora and assigns shaH not use the
surface of aaIi land rn the exeraae of II1Y of Mid f91ta and &hal not disturb the surface of saki
land or any Improvements thef'8oD. or remove or repair the JateraI or subjacent support of said
land ot' any improvements diet eon. 88 reserved in 1he Deed from ~ I, Pacific RsIfroad
Company. a corporation. recordM Jaru"y 31. 1955 in Book 917 ofOfftdal Records at Page 311
and OHanrlber 13, 1956ln Book t070 ofOffdat Records at Pagt' 1$16, Uarin County Records.
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