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New Cingular Wireless PCS LLC Memorandum of Lease (2015)
A This page is part of your document-DO NOT DISCARD t ktiof��os 20151590490 :6;711' '71b+ nuniuiiInHIIlllllllull l l Recorded/Filed in Official Records iA � f Recorder's OfCeHoLmMgeles County, �oRM)' 12I17/15 AT 11:42AM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 III II I IIIIIII IIIIIII III I I VIII IVIIII IIII(II IVIIII III III IIIIII LEADSHEET 111111 010 111111111111101 1111111111111111111 III III I IIII III III 201512173240019 00011498427 111101101110111111101111 111111111111 SEQ: 03 DAR - Counter (Upfront Scan) 1111 1111011 11111011111111111 011 11111I INN 1111111 1111111111111111111111110111111111101111111101 11111111111111111 III 101 11101 III III 1111 - THIS FORM IS NOT TO BE DUPLICATED - RECORDING REQUESTED BY; AND 11110215\1\19145PI WHEN RECORDED RETURN TO: City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, California 90275 Attention: City Clerk [Space Above For Recorder's Use Only] The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is dated as of November 4, 2015, and is executed by the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("Lessor"), and NEW LINGULAR WIRELESS PCS, LLC, a Delaware limited liability company("Lessee"). RECITALS A. Lessor and Lessee have entered into that certain Building Lease Agreement dated November 15, 1988, as amended by that certain First Amendment to Lease Agreement dated June 3, 2008, as further amended by that certain Second Amendment to Building Lease Agreement dated June 16, 2009, and as further amended by that certain Third Amendment to Building Lease Agreement of even date herewith (collectively, the "Lease"), pursuant to which Lessor has agreed to lease and demise to Lessee, and Lessee has agreed to lease and accept from Lessor, portions of the real property located in the City of Rancho Palos Verdes, County of Los Angeles, State of California, at 30940 Hawthorne Boulevard ("Property"), that are more particularly described in the Lease and Exhibit 1 annexed hereto. C. Lessor and Lessee now desire to enter into this Memorandum to provide record notice of the Lease to comply with Section 37393 of the Government Code. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. Lease. Lessor has leased the Property to Lessee pursuant to the Lease, for an additional term of two (2) years expiring June 30, 2016, at the rental and upon the other terms and conditions set forth in the Lease, which terms and conditions are incorporated herein by this reference. 2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the Lease shall prevail. 3. Counterparts. This Memorandum may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease as of the date first written above. LESSOR: City of Rancho Palos Verdes, a California municipal corporation By: ;)41,1- Knight,(Jayor ATTEST: , Carla Morreale, City Clerk APPROVED AS TO FORM: David J. A''shire, City Attorney . LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Na e •J sTa:, Title �-g. — c-k:e By: Name Title 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 LAs4ingeles v E ) On ____ _____1,6- r__=_42_04,s-- , before me, �� --r- ISS Poe.ac... (insert name and title of the officer) personally appeared jtte S , who proved to me on the basis of satisfactory evidence to be the persons-whose name(gr) is/are-subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/No/their-authorized capacitygpWand that by his/ 'r signature) on the instrument the persons'), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the lCrniy,:; KATELYN S. VOSS foregoing paragraph is true and correct. 1.: n#21lZ r z.-eid---T41' Notary Public-California D . z dn. Orange County - WITNESS my hand and official seal. My Eor2r11.!x!irr Mar2.20 1 7------ - - -- Place Notary Seal Above Signat re of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Calif rnia County of Na. Môr(ed , oOn / before me, � Pelek Dateft.: Here Insert Name and/Title of the fficer personally appeared • .(VY? lel, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personXwhose nam'is/afe-- subscribed to the within instrument and acknowledged to me that he/ executed the same in his/hohitheimuthorized capacity,;and that by his/ signature$on the instrument the person or the entity upon behalf of which the person)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 o ' ' 1 seal. i.. CARLA MORREALE comm.#2085504 j NOTARYLOS PUBLIC•COUCALIFORNW g çg Si nature ANGELES NTY cp «,Expires"°v',20,8 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ���/�,./���✓�/�/�,../���/�,_/���/�/��`��/�./�✓�����!/��������/�,../�,../�/�✓i`�i�✓,i�✓i�✓,ice✓i�✓i\✓i�✓,i�`�i�✓,ice✓i�✓i`✓ice✓i�✓,i�✓i ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit 1 to Memorandum of Lease Property Page 1 of 3 PT9M CF UNDERLYING PROPERTY THAT PORTION OF BLOCK "H", AS SHOWN ON NAP OF THE RANCHO LOS PALOS VERDES, IN THE COUNTY. OF LOS ANGELES, STATE OF CALIFORNIA, ALLOTTED TO JOTHAM BIXBY, BY DECREE IN' PARTITION IN THE ACTION "BIXBY, ET AL. VS. VEN, ET AL", CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF THE STATE OP CALIFORNIA, IN "AND FOR THE' COUNTY OF LOS ANGELES AND ENTERED IN BOOK 4 PAGE 57 OF JUDGMENTS, IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE COUNTY OP LOS ANGELES, TRIANGULATION MONUMENT SAN PEDRO HILLS D-7, AND HAVING STATE COORDINATES OF. NORTH 4,019,330.05, EAST 4,164,224.94, SAID POINT BEING LOCATED ON A POINT OF LAND NORTH OF'PALOS VERDES DRIVE, OVERLOOKING POINT VICENTE LIGHTHOUSE; THENCE N 53'31'51 "E 415.07 FEET TO THE CENTER OF THE NORTHWEST GUN TURRET OF BATTERY 240; THENCE N 51'59'13"E 55.00 FEET; THENCE N 38'00'47"W 56.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 3 6'00'4 3"E 19.31 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 105.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'58'07", A DISTANCE OF 111.73 FEET; THENCE S 83'0l'10"E 69.38 FEET; THENCE S 86'20148"E 212.34 FEET; THENCE N 01•46152"W 109.94 FEET; THENCE N 81'44'12"E 278.53 FEET; THOME S 88'50135"2 60.40 FEET; S 71'55148"E 57.83 FEET; THENCE N 43'00!18"B 22644 FEET; THENCE N 62'19'OO"E 84.12 FEET TO A POINT IN THE SOUTH RIGHT-OF—WAY LINE OF HAWTHORNE BOULEVARD, SAID POINT BEING A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF. 550.00 FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02'18'26", A DISTANCE OF 22.15 FEET; THENCE, 862'19/00"W 79.98 FEET; THENCE, S 84'31112"W 216.25 FEET; THENCE N 02'24109"W 55.04 FEET; THENCE N 87'34"50"W 231.16 FEET; THENCE S 02'23142"E 78.06 FEET; THENCE N 83'00'49"W 166.47 FEET; THENCE N 86'20'48"W 212.35 FEET; THENCE N 83'O1'10"W 69.96 FEET TO A POINT BEING A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 85.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 60'`58'07", A DISTANCE OF 90.54 FEET; THENCE S 36'00'43"W 25.04 FEET; THENCE N 38'00'47"W 20.80 FEET TO THE TRUE POINT OF BEGINNING. Exhibit 1 to Memorandum of Lease Property Page 2 of 3 REICALEXI.MALLEUEJ.Illi THAT PORTION OF THE ABOVE DESCRIBED UNDERLYING PROPERTY DESCRIBED °AS FOLLOWS: COMMENCING AT A POINT ON THAT CERTAIN NORTHERLY LINE OF SAID UNDERLYING PROPERTY RECITED AS N 81°44°1111E 278. 53 FEET DISTANT THEREFROM N 81'4 4'11 w E 79. 30 FEET FROM ITS WESTERLY MOST TERMINUS THEREOF; THENCE S 02'50'09"E 11. 17 FEET TO A POINT, SAID POINT BEING A CORNER OF AN EXISTING TWO-STORY BUILDING AND SAT POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, ALONG THE BUILDING WALL, 1. S 02 '50.49 N E 3. 00 FEET; THENCE, 2. S 87°'09'57"W 29. 00 FEET; THENCE, 3. N 02'50'09wW 16.00 FEET PASSING THROUGH THE ABOVE MENTIONED NORTHERLY LINE OF SAID UNDERLYING PROPERTY; THENCE, 4 . N 87'09°130E 29.00 FEET; THENCE, 5. S 02 '50'09"E 13. 00 FEET TO THE POINT OF BEGINNING; CONTAINING 464 S QUARE FEET; 0. 011 ACRES. i ESCRI PT_ION OF LEASE SITE: (ALTERNATE SHELTER SITE) • THAT PORTION OF THE ABOVE DESCRIBED UNDERLYING PROPERTY DESCRIBED AS FOLLOWS COMMENCING: AT A POINT ON THAT CERTAIN NORTHWESTERLY LINE OF SAID UNDERLYING PROPERTY RECITED AS N 01.45'52"W 109.94 FEET DISTANT THEREFROM N 01°46/52"W 26.75 FEET FROM ITS SOUTHERLY TERMINUS THEREOF; THENCE N 88' 13/08"E 8 0.54 FEET TO A POINT, SAID POINT BEING A CORNER OF AN EXISTING TWO STORY OFFICE BUILDING; THENCE, S 02'50'09"E 14 .00 FEET TO POINT OF BEGINNING OF THIS DESCRIPTION; THENCE. Exhibit 1 to Memorandum of Lease Property Page 3 of 3 J . S 87 • 00' 52"W 13 . 00 fEET; THENCE, `2 . S 02 `5Q.' 09"E 15 . 00 FEET; THENCE, '3 • H 87 ' 09 ' 51"E 30. 00 FEET; THENCE, 4 . W 0250' 09"W 15. 00 FEET; THENCE, 5 . S 87 •09 . 51NW 17. 00 FEET TO POINT OF BEGINNING. CONTAINING 450. 00 SQUARE FEET; 0 . 01 ACRES.