HomeMy WebLinkAboutNew Cingular Wireless-2/20/2012PARCEL #: 8913-04-377-002, 8913-04-377-003
LEGAL DESCRIPTION, page 6
Prepared by:
Md7, LLC
10590 W. Ocean Air Drive, Suite 300
San Diego, CA 92130
After recording return to:
New Cingular Wireless PCS, LLC
12555 Cingular Way, Suite 1300
Alpharetta, GA 30004
Attn: Network Real Estate Administration
Re: Cell Site #: 54234
Cell Site Name: DESMIAW930A (IA)
Fixed Asset Number: 10099312
State: IA
County: Black Hawk
MEMORANDUM
OF
AGREEMENT
SPACE ABOVE FOR RECORDER'S USE
This Memorandum of Agreement is entered into on this ► D, day of ,
201_, by and between City of Waterloo, Iowa, having a mailing address at 715 Mulberry
Street, Waterloo, IA 50703 (hereinafter referred to as "Landlord") and New Cingular Wireless,
PCS, LLC, a Delaware Limited Liability company, having a mailing address of 12555 Cingular
Way, Suite 1300, Alpharetta, GA 30004; with a copy to 15 East Midland Avenue, Paramus, NJ
(hereinafter referred to as "Tenant").
1. Landlord and Tenant (or their predecessors in interest) entered into a certain
Option and Lease Agreement dated November 22, 2005, as amended by that
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certain First Amendment to Option and Lease Agreement dated November 12,
2010, and as further amended by that certain Second Amendment to Option and
Lease Agreement dated icer Q--, 1 a. , , 201 a,
(hereinafter, collectively, the "Agreement") for the purpose of installing,
operating and maintaining a communications facility and other improvements at
Landlord's real property located in the City of Waterloo, County of Black Hawk,
commonly known as 2528 West Airline Highway. All of the foregoing are set
forth in the Agreement.
2. The New Initial Term will be five (5) years ("New Initial Term") commencing
on April 1, 2012, with five (5) successive five (5) year options to renew.
3. The portion of the land being leased to Tenant (the "Premises") is described in
Exhibit 1 annexed hereto.
4. This Memorandum of Agreement 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 Memorandum
of Agreement 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.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
as of the day and year first above written.
LANDLORD:
City of Waterloo, Iowa,
TENANT:
New Cingular Wireless, PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: By:
linrir-einrioaltygreriAls4 66.0Kr- k c+y
Date: 00..4.10 ) ,AC l d—
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Print Name: r -0 J$1- LZ L .
Title:
?eel Etate Construction Manager
Date: 3/ Z/ 2--
STATE OF
LANDLORD ACKNOWLEDGEMENT
COUNTY OF f I
SS.
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I certify that I know or have satisfactory evidence tha uc ar the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Iowa, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED:9-6(9.60--
Notary Seal
(Legibly Print or Stamp Name o otary)
Notary Public in and for the State f
My appointment expires:
31701
(Seal)
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TENANT ACKNOWLEDGEMENT
STATE OF )
) SS.
COUNTY OF
I certify that l know or have satisfactory evidence that
9-o _o_a pr -r . oQ( is the person who appeared before me, and said
person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as the (LE-, C, of AT&T
Mobility Corporation, the Manager of New Cingular Wireless, PCS, LLC, a Delaware
Limited Liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: .M1 ,--fc>) 3 -
KATHY LYNN LENERS
Notary Public
Minnesota
My Commission Expires Jan. 31, 2016
(Signature of otary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires: 't 1\ 1 to
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Exhibit 1 to Memorandum of Agreement
Legal Description
Street Address: 2528 West Airline Highway, Waterloo, IA 50703
Parcel #: 8913-04-377-002, 8913-04-377-003
NW 1i4 SW 1/4 Sec. 4-89-13: SW 1/4 SW 14 except railroad and except Tract commencing at SE comer W 1/2 SW 1/4: thence
North 364 ft to South line ICRR: thence W. 229.6. thence S. 398.3'; ;thence East to beginning.
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