HomeMy WebLinkAboutOMNIPOINT COMMUNICATIONS INC. (T-MOBILE) 3
A-2008-087
I110bilitiesms
telecommunications infrastructure
site managenwnt sotutlons
Mobilitie, LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660 USA
Tel: (949) 515-1500
www.mobilitie.com
March 8, 2010
City of Santa Ana- Santa Ana City Fire Opt.
1439 S. Broadway
Santa Ana, CA 92707
Attn: Fire Chief
Re: Memorandum of Lease
Mobilitie Site 10: 2CA31542
Site Name: Fire Station Pole
Dear Valued Landlord,
As you know, in connection with the above-captioned property, you, as Landlord, entered into
a Land Lease Agreement dated May 5, 2008 (the "Lease") with the original Tenant. The Lease was
later assigned by the original Tenant to Mobilitie, LLC. Pursuant to Section 15 of the Lease, Landlord is
required to promptly sign and deliver to Tenant a recordable memorandum of the Lease (the
"Memorandum"). Our records currently show that a signed Memorandum was never received from
Landlord or recorded.
Please find enclosed a Memorandum for your review and signature. The Memorandum does
not change any of the terms of the Lease; it restates pertinent terms of the Lease and is recorded in the
county where your property is located to provide notice of our lease rights for the cellular tower on your
property. In order to comply with the Lease, please sign and notarize the Memorandum and return the
original to me by March 22, 2010. Failure to deliver a recordable Memorandum would be a breach of
the Lease. We appreciate your cooperation regarding this matter. Should you have any questions,
please do not hesitate to contact me.
Sincerely,
elifJ Wo~
Cliff Wong
Lease Administrator
cliff(fiJmobilitie. com
tel: (949) 999-5793
fax: (949) 274-7555
CC:
City of Santa Ana
20 Civic Center Plaza (M-29)
Santa Ana, CA 92702
Attn: Office of the City Attomey
ATS Communications
22651 Lambert St.
Suite 101A
Lake Forest, CA 92630
Attn:Tonylngegnen
APPROVED AS TO FORM
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Mobilitie Investments II, LLC
660 Newport Center Drive, Suite 200
Newport Beach, California 92660
Attn: Property Management
(Space Above For Recorder's Use)
Site Name: Fire Station Pole
Site ill: 2CA31542
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this "Memorandum") is dated for reference
purposes as of March 8, 2010 and is entered into between City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("Landlord") with an address of 1439 South Broadway, Santa Ana, CA 92707 and
MOBILITIE INVESTMENTS II, LLC, a Delaware limited liability company
("Tenant/Mobilitie") with an address of 660 Newport Center Drive, Suite 200 Newport Beach,
California 92660.
1. LEASE OF PREMISES. Landlord and Omnipoint Communications Inc.
("Carrier"), entered into that certain Land Lease Agreement dated May 5, 2008 (the "Lease").
Whereby Landlord leased to Carrier, and Carrier leased from Landlord a portion of that certain
real property ("Property") located in the City of Santa Ana, County of Orange, State of
California more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference (the "Premises"). Carrier assigned all of its right title and interest under the Lease to
Mobilitie on December 31, 2008.
2. INITIAL TERM. The initial term of the Lease is for ten (10) years, and the
Lease commenced on September 1,2008 (the "Initial Term").
3. RENEWAL. Pursuant to the Lease, Tenant has the right to extend the Lease for
three (3) additional and successive five (5) year terms upon the terms and conditions set forth in
the Lease.
4. EASEMENTS. The Lease includes certain access and utility easements that
Landlord granted to Tenant.
5. PURPOSE OF MEMORANDUM. This Memorandum is prepared and executed
for the purpose of recordation and in no way modifies the terms and provisions of the Lease. In
the event of any inconsistency between the terms of the Lease and the terms of this
Memorandum, the terms of the Lease shall prevail.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
-2-
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of
the day and year first above written.
City of Santa Ana
~~e: ~~;~~j~n~~
Title: c.~{.( W\.~II\O\~ err-
"Landlord"
MOBILITIE INVESTMENTS II, LLC,
a Delaware limited liability company
By: Mobilitie, LLC,
a Nevada limited liability company,
its Manager
By:
Name:
Title:
"Tenant"
-3-
State of (fAA, fo.r ~ )
County of ()(o.~ )
On -.MCA.rc h ?- 2 I 2OJO , before me, l n. ~. !'\vI 2A:t .
. (here insert name and title of
personally appeared ~~ V Id ~~ ~ ttY"V"l- -----.,
who proved to me on the basis of satisfactory evidence to be the person~ whose nameOO@/are
subscribed to the within instrument, and acknowledged to me that c!@/sOOfthey executed the same
in l!}D;/herftheir authorized capacity~), and that by @hefltheir signature~ on the instrument the
person(8), or the entity upon behalf of which the person(\cffacted, executed the instrument.
/kW
, Notary Public,
I certify under PENALTY OF PERJURY under the laws of the State of L.((,f.ov~that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
. Signature LjV)~ f:...fMJ/
( seal)
State of
County of
)
)
On
, before me,
, Notary Public,
(here insert name and title of the officer)
personally appeared
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
foregoing paragraph is true and correct.
that the
WITNESS my hand and official seal.
Signature
(seal)
-4-
State of
County of
)
)
On
, before me,
, Notary Public,
personally appeared
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.
(here insert name and title of the officer)
I certify under PENALTY OF PERJURY under the laws of the State of
foregoing paragraph is true and correct.
that the
WITNESS my hand and official seal.
Signature
(seal)
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EXHIBIT "A"
LEGAL DESCRIPTION OF PREMISES
APN: 398-284-01,02
All that certain real property located in the County of Orange, State of California, being more particularly described
as follows:
LOTS 2,3,6 and 7 in block 8 of "Palmer's addition to the town of
Santa Ana, as shown on a map recorded in Book 34, Page 87 of
Miscellaneous Records of Los Angeles County, California.
End of Legal Description
EXHIBIT "A"
TO MEMORANDUM OF LEASE