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Home My WebLink AboutNew Cingular Wireless PCS, LLC 2015-04-27; Amendment 1 2016-03-03 - MOL&CI-Lc NO. 14 ts -1613 - - MEMORANDUM OF LICENSE Recording Requested by & When Recorded Return to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration 575 Morosgo Drive NE Suite 13F, West Tower Atlanta, GA 30324 APN: 002 - 255-02 & 002 - 255-03 CONFORMED COPY Copy of Document Recorded on 03/14/2016 09:10:25 AM as 2016 -02936 Mendocino County Clerk— Recorder Cell Site No.: CNU0915 Search Ring Name: Ukiah DT Police Cell Site Name: Ukiah DT Police (CA) Fixed Asset No.: 10129956 State: California County: Mendocino MEMORANDUM OF LICENSE (Space Above This Line For Recorder's Use Only) This Memorandum of License is entered into on this 3 "" day of MAP -c4+' , 2016, by and between the City of Ukiah, having a mailing address of Attn: City Manager, 300 Seminary Road, Ukiah, CA 95482 (hereinafter referred to as "City "), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 (hereinafter referred to as "Licensee "). 1. City and Licensee entered into a certain Restated and Amended License Agreement ( "Agreement ") as of the 3 Q ° day of , 2016, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The initial lease term will be five (5) years commencing on the Effective Date of the Agreement, with four (4) successive five (5) year options to renew. 3. The portion of the land being licensed to Licensee and associated easements are described in Exhibit A annexed hereto. 26 4. This Memorandum of License 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 License 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. IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day and year first above written. "City" "Licensee" City of Ukiah By: Name:�z' Its: L: oeu,, Date: km - , 2016 New Cingular Wireless, PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager vCu- E Vani Muller Manager Real Estate & Constr By: Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES] 27 AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16 CITY 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 of Nl EivOGI A.4) On M 3, 2O lls, before me, K-12-1. 5 fl A.--0 (—k Vt € Ri /VO Ti}-12 Y (insert name and title of the officer) personally appeared S kr -E / E S who proved to me on the basis of satisfactory evidence to be the person(,a'j whose name • mare subscribed to the within instrument and acknowled_ed to me that( Rshe /they executed the same in er /their authorized capacity(A, and that by er /their signature0 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 and official seal. Signature (Seal) 28 KRISTINE ROBIN LAWLER 1 COMM. #1998485 z Notary Public California Mendocino County tComm. Expires Nov. 17_ 20160 LICENSEE 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 Calif rnia County of CA.DrNAWn (�cP). ) On personally appeared before me,t-/T ir08 -friC. t fr -91 (14 i e (insert name And title of the offr) V A n i rn v)1--e‘2- who proved to me on the basis of satisfactory evidence to be the person(,$)'whose name(,s.} is /aa+d subscribed to the within instrument and acknowledged to me thashe /tbbey executed the same in Ills/her /fir authorized capacity), and that by l4s/her/ feir signature ($on the instrument the person5,sr); or the entity upon behalf of which the persorl 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. Signature —A 76010 , "�Qi (Seal) 29 AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16 K. A. MARTIC - KONGEAL Commission # 2091887 Notary Public - California Contra Costa County My Comm. Expires Dec 26, 2018 z z EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 2 The "Property" is legally described as follows: The land referred to herein is situated in the State of California, County of Mendocino, City of Ukiah and described as follows: Parcel One: (APN 2- 255 -02) Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence Easterly along the south line of Clay Street one hundred and fifty (150) feet; thence at right angles Southerly two hundred and fifty (250) feet; thence at right angles Westerly and parallel with Clay Street one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora Street tow hundred and fifty (250) feet to the point of beginning. Parcel Two (APN 2- 255 -03) Beginning at the intersection of the Southerly line of Clay Street and the Easterly line of Dora Street; thence Easterly along the Southerly line of Clay Street 761.60 feet to the Westerly line of Oak Street; thence Southerly along said Westerly line of Oak Street 456.5 feet to the Northerly line of the North half of Jones Addition, the map of which was filed June 11, 1909 in Map Case 1, Drawer 3, Page 36, Mendocino County Records; thence Westerly along said Northerly line 728 feet to the Easterly line of Dora Street; thence Northerly along said Easterly line 445 feet to the point of beginning. Excepting therefrom the following: Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence Easterly along the South line of Clay Street one hundred and fifty (150) feet; thence at right angles Southerly two hundred and fifty (250) feet; thence at right angles Westerly and parallel with Clay Street one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora Street two hundred and fifty (250) feet to the point of beginning. APN: 002 - 255 -02 & 03 The "Premises" is described and/or depicted as follows: [One -Page Depiction of the Premises Suitable for Recording in Mendocino County Appears on Following Page] 30 NOTE: AT &T TO RELEASE PREMISES A BACK TO THE CITY OF UKIAH (E) ELEC. BOX 100' STEEL ONOPINE (E) FENCED AREA (E) PLANTER AREA i (E) FENCED " AREA r ❑ I I I (E) BUILDING PREMISES A, 292 SQ. FT. (E) BUILDING Peek Site —Com 12852 Earhart Ave. Suite 101 Auburn, California 95602 Phone (530) 885 -6160 info@peeksitecom.com at &t 2700 WATT AVE SACRAMENTO, CA 95821 LEASE EXHIBIT PROJECT NAME: UKIAH DOWNTOWN PROJECT NUMBER: CCLOO915 PROJECT ADDRESS: 300 SEMINARY AVE UKIAH, CA 95482 EXHIBIT 2 NOT TO SCALE