HomeMy WebLinkAboutAmerican TowerMEMORANDUM OF LEASE
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Matthew Eaton, Esq.
ATC Site No: 413837
ATC Site Name: Pagemill Highlands CA
Assessor's Parcel No(s): 182-28-039 and 182-21-016
Prior Recorded Lease
Reference:
Book . Page
Document No: 19498231
State of California
Countv of Santa Clara
This Memorandum of Lease (the "Memorandum") is entered into on the aA^d day of
"OVI Ly- , 202_L_by and between Town of Los Altos Hills, a municipal
corporation, ("Landlord") and GTE Mobilnet California Limited Partnership d/b/a Verizon
Wireless ("Tenant").
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 Land Lease Agreement dated March 23, 2006 (as the same may have been
amended from time to time, collectively, the "Lease"), pursuant to which the Tenant leases
approximately seven hundred six (706) square feet of ground space with certain non-
exclusive right for ingress and egress and for the installation and maintenance of utility
wires, poles, cables, conduits, and pipes over, under, or along a twelve (12) -foot wide right
of way extending from Altamont Road to the Parent Parcel, as more particularly described
in the Lease ("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
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
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 August 31, 2036. Notwithstanding the foregoing, in
no event shall Tenant be required to exercise any option to renew the term of the Lease.
4. 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.
5. 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: Town of Los Altos Hills, Attn: City Manager, 23679 Fremont Road,
Los Altos Hills, CA 94022;
To Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180 Washington
Valley Road, Bedminster, NJ 07921;
With copy to: American Tower, Attn.: Land Management, 10 Presidential Way,
Woburn, MA 01801,
And also 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.
6. 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.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: .413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day
and year set forth below.
LANDLORD
Town of Los Altos Hills,
a municipal corporation,
Signature: CA
�.
Print Name: Carl Ciahill
Title: Cr"�j Mar►a
,jeer
Date•���2A�„�r
2 WITNESSES
Signature: -,
Print Name: of 'n-patt
Signature: IiWi'
Print Name: "S o f
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 o& n* da cc
On Am U4- I`i, a-1 before me,bCfD.`�2t ►1 1-.PCOtt7Va�l4
personally Y
I (print name of notary)
appearedC a1�1 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 nd official seal.
DEBORAH L. PADOVANN
eMy
Notary Public - CaliforniaSanta Clara CountyCommission # 2282419
Signature of officer Comm. Expires Apr 19, 2023 ~ [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
TENANT
GTE Mobilnet California Limited Partnership
d/b/a Verizon Wireless
By: ATC Sequoia LLC,
a Delaware limited liability company
Title: Attorney-in-Fact1. 1�
Signature: J E W
Print Name:
Title:
Date: Senior Counsel, US To
WITNESS
Signature:
Print N
o
��.
Sign re:
Print Name:
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this J4dayof, M , 202i___, before me, the undersigned Notary
Public, personally appeared /,; ��1L �„ sem.! 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 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.
,
Trint Name:
My commission expires:
oc...........
25 p�P'
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[SEAL] ''�.,,'�,'q 0 ; E P,\1��`` :
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below.
PARENT PARCEL
Tenant shall have the right, with Landlord's prior written consent, which consent shall not
unreasonably withheld, conditioned, or delayed, 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. Such description revisions or replacement shall only be
provided for the purposes of providing a meets and bounds description and/or improving the
accuracy of the legal descriptions of the Leased Premises as described in Section 1 of the
Memorandum, but shall not in any event alter the scope of the area intended to be included in
the Leased Premises as set forth above.
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:
PARCEL 1:
TRACT 1:
Lot 1 as shown on the map entitled "Map of the subdivision of Lot 2 and a part of Lot 1 in Taafe
Partition in the La Purisima Concepcion," recorded in Book H of Maps, Pages 66 and 67, in the
office of the recorder of said County.
AND BEING the same property conveyed to Town of Los Altos Hills, California, a municipal
corporation from Betty Byrne, also known as Betty Bryne De Zahara by Gift Deed dated
December 18, 1968 and recorded December 31, 1968 in Deed Book 8387, Page 1; AND BEING
the same property conveyed to Town of Los Altos Hills, a municipal corporation from Parkside
Estates LTD., a limited partnership by Grant Deed dated December 27, 1968 and recorded
January 02, 1969 in Deed Book 8389, Page 92.
TRACT 2:
Lot 2 as shown on the map entitled "Map of the subdivision of Lot 2 and a part of Lot 1 in Taafe
Partition in the La Purisima Concepcion," recorded in Book H of Maps, Pages 66 and 67, in the
office of the recorder of said County.
AND BEING the same property conveyed to Town of Los Altos Hills from The Nature
Conservancy by Corporation Grant Deed dated December 13, 1968 and recorded December 31,
1968 in Deed Book 8388, Page 409;
[LEGAL DESCRIPTION CONTINUED ON FOLLOWING PAGE]
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
EXHIBIT A (Continued)
AND BEING the same property conveyed to Town of Los Altos Hills from The Nature
Conservancy by Corporation Grant Deed dated December 11, 1969 and recorded December 26,
1969 in Deed Book 8781, Page 403; AND BEING the same property conveyed to Town of Los
Altos Hills from The Nature Conservancy by Corporation Grant Deed dated December 18, 1970
and recorded January 06, 1971 in Deed Book 9179, Page 47; AND BEING the same property
conveyed to Town of Los Altos Hills from The Nature Conservancy by Corporation Grant Deed
dated December 16, 1971 and recorded December 30, 1971 in Deed Book 9648, Page 330; AND
BEING the same property conveyed to Town of Los Altos Hills from The Nature Conservancy by
Corporation Grant Deed dated December 22, 1972 and recorded January 04, 1973 in Deed Book
0181, Page 635; AND BEING the same property conveyed to Town of Los Altos Hills from The
Nature Conservancy by Corporation Grant Deed dated December 12, 1973 and recorded
January 04, 1974 in Deed Book 0713, Page 730; AND BEING the same property conveyed to
Town of Los Altos Hills from The Nature Conservancy by Corporation Grant Deed dated July 25,
1975 and recorded September 25, 1975 in Deed Book 630, Page 520.
TRACT 3:
Lots 60 and 61, as said lots are shown on the map entitled "Map of the Subdivision of Lot 2 and
a part of Lot 1 in Taafe Partition in the La Purisima Concepcion," recorded in Book H of maps,
Pages 66 and 67, in the Office of the Recorder of said County.
AND BEING the same property conveyed to Town of Los Altos Hills from The Nature
Conservancy by Corporation Grant Deed dated March 25, 1968 and recorded April 24, 1968 in
Deed Book 8099, Page 43.
Tax Parcel No. 182-21-016
PARCEL 2:
PARCEL ONE:
PARCEL A, as shown on the Parcel Map of a portion of the lands shown on Record of Survey
recorded in Book 14 of Maps, Page 44 which Parcel Map was filed September 23, 1975, Book
361 of Maps, Page 51, Santa Clara County Records.
PARCEL TWO: Parcel 4, as shown on the Parcel Map of a Portion of the lands shown on Record
of Survey recorded in Book 14 of Maps, Page 44, which Parcel Map was filed September 23,
1975, Book 361 of Maps, Page 51, Santa Clara County Records.
AND BEING the same property conveyed to Town of Los Altos Hills from Margit S. Bessenyey by
Individual Grant Deed dated September 02, 1975 and recorded September 23, 1975 in Deed
Book 627, Page 304.
Tax Parcel No. 182-28-039
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
EXHIBIT A (Continued)
LEASED PREMISES
Tenant shall have the right, with Landlord's prior written consent, which consent shall not
unreasonably withheld, conditioned, or delayed, to replace this description with a description
obtained from the Lease or from a description obtained from an as -built survey conducted by
Tenant. Such description revisions or replacement shall only be provided for the purposes of
providing a meets and bounds description qnd/or improving the accuracy of the legal
descriptions of the Leased Premises as described in Section 1 of the Memorandum, but shall not
in any event alter the scope of the area intended to be included in the Leased Premises as set
forth above.
The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which
shall include non=exclusive rights for ingress, egress and utility purposes. The square footage of
the Leased Premises shall be the greater of: (i) the land area leased to Tenant in the Lease; (ii)
Tenant's (and Tenant's customers) existing improvements on the Parent Parcel pursuant to the
Lease; either of which shall be reflected as clearly as possible in the legal description or
depiction below (if any).
Situated in the Town of Los Altos Hills, County of Santa Clara and State of California;
Being part of Parcel 4, as shown on the Parcel Map of a Portion of the lands shown on Record of
Survey recorded in Book 14 of Maps, Page 44, which Parcel Map was filed September 23, 1975,
Book 361 of Maps, Page 51, Santa Clara County Records and being more particularly described
as follows: (For the purpose of this description, all bearings are based on California State Plane
Zone 403 NAD 83.)
Commencing at a point at the southeasterly corner of said Parcel 4, said point being North
09°35'55" West a distance of 1.89 feet from an iron pipe found; Thence along the easterly line
of said Parcel 4, North 0935'55" West a distance of 100.96 feet to the southeasterly corner and
Point of Beginning of the parcel herein described;
Thence South 80024'05" West a distance of 17.67 feet to the southwesterly corner of the parcel
herein described; Thence North 09°35'55" West a distance of 40.00 feet to the northwesterly
corner of the parcel herein described; Thence North 80°24'05" East a distance of 17.67 feet to
the northeasterly corner of the parcel herein described; Thence South 09°35'55" East a distance
of 40.00 feet to the Point of Beginning and containing 0.016 acres (707 square feet) of land,
more or less.
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
EXHIBIT A (Continued)
ACCESS AND UTILITIES
Non-exclusive rights for ingress and egress including 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:
Access Easement
Situated in the Town of Los Altos Hills, County of Santa Clara and State of California;
Being a 12' strip of land out of Parcel 4, as shown on the Parcel Map of a Portion of the lands
shown on Record of Survey recorded in Book 14 of Maps, Page 44, which Parcel Map was filed
September 23, 1975, Book 361 of Maps, Page 51, Santa Clara County Records said strip lying 6'
on either side of the following described centerline: (For the purpose of this description, all
bearings are based on California State Plane Zone 403 NAD 83.)
Commencing at a point at the southeasterly corner of said Parcel 4, said point being North
09035'55" West a distance of 1.89 feet from an iron pipe found; Thence along the easterly line
of said Parcel 4, North 09035'55" West a distance of 100.96 feet to a point; Thence South
80°24'05" West a distance of 23.67 feet to the Point of Beginning of the centerline herein
described;
Thence North 09023'36" West a distance of 107.63 feet to a point; Thence on a curve to the
right having a radius of 21.00 feet, an arc length of 23.62 feet through a central angle of
64°26'39", bearing North 22°49'43" East a distance of 22.39 feet to a point; Thence North
55°03'02" East a distance of 58.39 feet to a point; Thence on a curve to the left having a radius
of 130.00 feet, an arc length of 17.1.29 feet through a central angle of 75029'44", bearing
North17018'11" East a distance of 159.17 feet to a point; Thence North 20026'41" West a
distance of 89.16 feet but to the southerly right-of-way line and Point of Termination of said
centerline, said easement containing 0.124 acres (5,401 square feet) of land, more or less.
[LEGAL DESCRIPTION CONTINUED ON FOLLOWING PAGE]
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA
EXHIBIT A (Continued)
Utility Easement
Situated in the Town of Los Altos Hills, County of Santa Clara and State of California;
Being a 5' strip of land out of Parcel 4, as shown on the Parcel Map of a Portion of the lands
shown on Record of Survey recorded in Book 14 of Maps, Page 44, which Parcel Map was filed
September 23, 1975, Book 361 of Maps, Page 51, Santa Clara County Records said strip lying
2.5' on either side of the following described centerline: (For the purpose of this description, all
bearings are based on California State Plane Zone 403 NAD 83.)
Commencing at a point at the southeasterly corner of said Parcel 4, said point being North
09°35'55" West a distance of 1.89 feet from an iron pipe found; Thence along the easterly line
-- - of said Parcel 4, North 09035'55" West a distance of 100.96 feet -to a point; Thence South
80°24'05" West a distance of 17.67 feet to a point; Thence North 09035'55" West a distance of
2.50 feet to the Point of Beginning of the centerline herein described;
Thence South 8024'05" West a distance of 54.07 feet to a point; Thence North 09'35'55" West
a distance of 16.31 feet to the Point of Termination of said centerline, said easement containing
0.008 acres (352 square feet) of land, more or less.
3738395.2
ATC Site No: 413837
VZW Site No: 157417
Site Name: Pagemill Highlands CA