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Home My WebLink AboutTowerCo 2013, LLC - Memorandum of Lease-6/26/2017Clerk: After recording return to: TowerCo 5000 Valleystone Drive Cary, North Carolina 27519 STATE OF `�() ) COUNTY OF 12' 1U`( L ) (Recorder's Use Above this Line) MEMORANDUM OF LEASE -#\ This Memorandum of Lease is entered into on this 2�O day of --SAA/N---, 20 ', by and between City of Waterloo, Iowa, having a mailing address of 715 Mulberry Street, Waterloo, Iowa 50703 (hereinafter referred to as "Lessor") and TOWERCO 2013 LLC, a Delaware limited liability company having a mailing address of 5000 Valleystone Drive, Cary, North Carolina, 27519 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into that certain Ground Lease dated the 22 day of , 20 (1 (the "Lease") for certain real property and easements as described in Exhibit B attached hereto (collectively, the "Premises"), which are a portion of that certain parcel of real property located in Waterloo, County of Black Hawk, State of Iowa, described in Exhibit A attached hereto (the "Land"). 2. The Lease shall have an initial term of five (5) years, with nineteen (19) additional five (5) year renewal terms. 3. The purpose of this Memorandum is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed. In the event of a conflict between the terms of this Memorandum or the addition of any terms in this Memorandum which are not contained in the Lease, the Lease shall control. The terms of the Lease are hereby incorporated by reference. 4. Upon written notice to Lessee, Lessor is permitted to transfer the Lease only in connection with the sale of the Land and only on the following conditions: (a) the acquiring party must and will assume in writing all of the rights and obligations of Lessor under this Lease on and after the date of purchase of the Land and (b) Lessor must retain no rights or obligations under the Lease after the date of sale of the Land (a "Lessor Permitted Assignment"). Other than a Lessor Permitted Assignment, Lessor is prohibited from assigning, selling or otherwise transferring the Lease in whole or in part and Lessor is prohibited from granting any third party an easement or other real property interest in the Premises. TowerCo Site Name Cattle Congress 15 TowerCo Site Number IA0324 5. Pursuant to the Lease, Lessee has a right of first refusal to meet any bona fide offers for (i) any sale or transfers of the Land, and any (ii) grant from Lessor to a third party by easement or other legal instrument of an interest in and to any portion of the Land, the Premises or the Lease for any purpose relating to operating and maintaining communications facilities or the management thereof, with or without an assignment of the Lease to such third party, including but not limited to assignments of any right to the rent or rental stream associated with the Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum under seal as of the dates set forth in the respective acknowledgements. LESSOR: CITY OF WATERLOO, IOWA Title: Date: } (,,/z pry State of 1 - County of e l.L -0tcui Before me, ,A[& -r. ``�--1-1-1_,J74..,the undersigned, a Notary Public for the State, personally appeared , who is the of k.,k)cJ-e. tL , a , personally wn to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that _he executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. T‘ WITNESS my hand and official seal, this I1 day of NOTARY SEAL NANCY HIGBY COMMISSION NO.78 22 MY Cp�AMjSSi ` Signature ,20[ �. My commission expires: )-/-3/)-0 l 8 TowerCo Site Name Cattle Congress 16 TowerCo Site Number IA0324 LESSEE: TOWERCO 2013 LLC By: Name: Title: Date: COI 1Z11n State of (v 01(i"V'1 C.GI.w 1n lA County of V\ Ake) Before me, V -e I L.6(1'1 {'1Gl the undersigned, a Notary Public for the State, personally appeared bpd(1 LP 1, -\-\ X41}- who is the CFC of TowerCo 2013 LLC, a Delaware limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal, this 2-1 day of tjUVv., , 2011. MELISSA MANNA Notary Public, North Carolina Wake County My Commission Ex it -s AL ti t3 j Signature My commission expires: 11 l 120 TowerCo Site Name Cattle Congress 17 TowerCo Site Number IA0324 EXHIBIT "A" DESCRIPTION OF LAND The Land is described and/or depicted as follows: Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa TowerCo Site Name Cattle Congress 18 TowerCo Site Number 1A0324 EXHIBIT "B" DESCRIPTION OR DEPICTION OF PREMISES An approximately 2,200 square foot tract of land, together with easements for ingress, egress and utilities described or depicted as follows. Exact legal description to be determined by survey. PROPOSED LEASE AREA DESCRIPTION: That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00 feet; thence northwesterly, a distance of 65.16 feet along a non-tangential curve concave to the northeast, having a radius of 133.40 feet and a central angle of 27 degrees 59 minutes 08 seconds, the chord of said curve bears North 62 degrees 29 minutes 05 seconds West; thence North 86 degrees 27 minutes 26 seconds West not tangent to the last described curve, a distance of 12.43 feet; thence South 3 degrees 32 minutes 34 seconds West, a distance of 51.33 feet to the Point of Beginning. PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION: An easement for ingress, egress and utility purposes over, under and across Lots 16 and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described as follows: Commencing at the southwest corner of the Northwest Quarter of Section 22, Township 89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County; thence North 89 degrees 12 minutes 09 seconds East along the South line of said Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51 seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of 75.00 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence South 36 degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 4.10 feet; thence South 35 degrees 18 minutes 20 seconds East, a distance of 10.98 feet; thence South 78 degrees 52 minutes 42 seconds West, a distance of 30.03 feet; thence North 17 degrees 57 minutes 12 seconds East, a distance of 11.32 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 5.23 feet; thence North 53 degrees 14 minutes 47 seconds West, a distance of 7.07 feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 20.00 feet to the Point of Beginning. TowerCo Site Name Cattle Congress 19 TowerCo Site Number IA0324 SOD SKISITIOUEVORTTUTRTIOXIEU- PACK TO THE EKE PATH G.C. IS TO PLUG EACH ENO 1WL FENCE PROPOSED 19t' HIGH MONOPOLE TOWER OUSTING STORM ;EWER NNE IS REMAIN (TYP.{ N=rrlUlm v<I^_ YnLIPLAts 1CWEK CO LEASE AREA (2:99 SO.FT.) tUIUHE LAkkER TEASE AREA {I iH PROPOSED MANN OUSTING STORM SEWER NNE TO BE REMOVED TO SE EM {TOT`AL OF PROPCF.FIT MANHOLE S STORM SEWER UNE EMOTING MANHry F TO REMAIN EXISTING UTILITY POLE WTRANSFORMER OP:"'' 2U VILE PAVLD TURNAROUND AREA }itt1.KOR et"WVUG ALQw PAVED DRIVEWAY 8 ENTRANCE OUSTING MANHOLE TO REMAIN Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal description of the Premises, or an as -built drawing depicting the site. Any visual or textual representation of the Improvements (as defined in the Lease) and facilities is illustrative only, and does not limit the rights of Lessee as provided for in the Lease. Without limiting the generality of the foregoing: 1. The Premises may be setback from the boundaries of Lessor's property as required by the applicable governmental authorities. 2. The access road's width may be modified as required by governmental authorities, including police and fire departments. 3. The locations of any access and utility easements are illustrative only. Actual locations may be determined by Lessee and/or the servicing utility company in compliance with local laws and regulations. TowerCo Site Natne Cattle Congress 20 TowerCo Site Number 1A0324