TOWERCO ASSETS LLC (6) -2009 - Laserfiche WebLink

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INSURANCE ON Fil -E WORK MAY PROCEED UNT11- INSURANCE EXPIRES 11. -- «.- CLERK OF COUNCII. DATE b —L.5_ 15 Document Prepared by and Upon Recording Return to: Dee Ott, Recording Administrator SBA Communications Corporation 5900 Broken Sound Parkway, NW Boca Raton, FL 33487 (561) 226 -9513 SBA Site ID: CA45888 -A MEMORANDUM OF LEASE A- 2009 -200A THIS MEMORANDUM OF LEASE (herein "Memorandum ") is made this 7 -0 day of Al 4 20 by and between the City of Santa Ana, a charter city and municipal organization organized and existing under the Constitution and laws of the State of California (herein "Lessor "), and SBA 2012 TC Assets, LLC, a Delaware limited liability company, formerly known as TowerCo Assets, LLC, a Delaware limited liability company, having a principal office located at 5900 Broken Sound Parkway, NW, Boca Raton, FL 33487 (herein "Lessee "). WHEREAS, Lessor and Sprint PCS Assets, LLC ( "Original Lessee ") entered into that certain Land Lease Agreement, dated June 3, 2002 (herein the "Lease Agreement ") whereby, Lessor leased to Original Lessee the land described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Original Lessee assigned its interest under the Lease Agreement to Tower Entity 4 LLC (predecessor -in- interest to TowerCo Assets, LLC), pursuant to that certain Assignment and Assumption of Lease, dated September 23, 2008 (the "Assignment"; the Lease Agreement and Assignment shall be collectively referred to herein as the "Lease "). All terms used but not defined herein shall have the meaning ascribed to them in the Lease; and WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said Lease and all of its terms, covenants and conditions to the same extent as if the same were fully set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration including the rents reserved and the covenants and conditions more particularly set forth in the Lease, Lessor and Lessee do hereby covenant, promise and agree as follows: I. The Lease provides in part that Lessor leases to Lessee a certain site (herein "Site ") located at 2915 West La Verne Avenue, City of Santa Ana, County of Orange, State of California, within the property of or under the control of Lessor which is legally described in Exhibit "A" attached hereto and made a part hereof. 2. Lessee shall lease the Site from Lessor, together with all easements for ingress, egress and utilities as more particularly described in the Lease, all upon the terms and conditions more particularly set forth in the Lease for a term of ten (10) years, which term is subject to three (3) additional five (5) year extension periods. 3. The purpose of this instrument is to give notice of said Lease and all its terms, covenants and conditions to the same extent as if the same were fully set forth herein. The Lease contains certain other rights and obligations in favor of Lessor and Lessee which are more fully set forth therein. 4. Lessor hereby affirms that the Site is not now, nor has it ever been, the homestead of Lessor, nor adjacent to the homestead of Lessor. 5, Lessor hereby consents to Lessee's grant of a security interest in the Lease and in the Lessee's facilities,