825767 Memorandum of LeaseADA COUNTY RECORDER Phil McGrane 2019-017758
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/06/2019 03:15 PM
CROWN CASTLE USA $22.00
Prepared by and Return To:
Christian A. Farmakis
Babst, Calland, Clements and Zomnir, P.C.
Two Gateway Center, 7tn Floor
Pittsburgh, PA 15222
(412) 394-5400
MEMORAUNDUM OF LEASE AMENDMENT AGREEMENT
Crown BU# / Site Name: 825767 / Mcrae —meridian
Melody Site # / Site Name: U0945W-TM1 / Mcrae meridian
THIS MEMORANDUM OF LEASE AMENDMENT AGREEMENT (this
"Memorandum of Amendment") is made and entered into as of the as of the 249' day of
2018, but effective as of the day of TYLC Iifr► 2018 (the "Effective Date"), by
and between T10 MELTEL LLC, a Delaware limited liability company, formerly known as T10
Unison Site Management LLC ("Melody"), and T-MOBILE WEST TOWER LLC, a Delaware
limited liability company ("Tenant"), by and through CCTMO LLC, a Delaware limited liability
company, its attorney -in -fact, as successor -in -interest to Western PCS II Corporation ("Crown").
RECITALS:
WHEREAS, pursuant to that certain Wireless Communication Easement and Assignment
Agreement dated January 25, 2012, which was recorded in the real property records of Ada
County, Idaho on January 31, 2012 as Instrument Number 112009261 (collectively, the "Site
Owner Agreement"), Melody and Tenant are parties to that certain Site Lease with Option dated
September 11, 1996 (as the same may have been amended, modified or assigned from time to
time, collectively, the "Site Lease Agreement"), a Memorandum of Lease of which was recorded
in the real property records of Ada County, Idaho on March 28, 1997 as Instrument Number
97023715 (as the same may have been amended, modified or assigned from time to time,
collectively, the "Memorandum") and, collectively with the Site Lease Agreement, the
"Lease"), pursuant to which Tenant leases a portion of the real property located in Ada County,
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Idaho, as more particularly described in the Lease and on Exhibit A attached hereto (the "Leased
Premises"); and
WHEREAS, Crown manages, subleases or otherwise controls Tenant's interest in the
Lease pursuant to that certain Master Prepaid Lease dated November 30, 2012, by and among T-
Mobile USA Tower LLC, T-Mobile West Tower, LLC, T-Mobile USA, Inc., and CCTMO LLC
(the "Sublease Agreement"); and
WHEREAS, Melody and Tenant have amended the Lease by a Lease Amendment
Agreement (the "Lease Amendment") of even date herewith and desire to provide recorded
notice of the Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Melody and Tenant agree as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated
herein as if fully set forth herein.
2. Extension of Lease Term. The term of the Lease has been amended as set forth
in the Lease Amendment: Subject to the terms, provisions, and conditions of the Lease, as
amended by the Lease Amendment, and assuming the exercise by Tenant of all renewal options
contained in the Lease as amended by the Lease Amendment, the final expiration date of the
Lease would be September 10, 2125.
3. Effect. This Memorandum of Amendment is not a complete summary of the
terms, provisions and conditions contained in the Lease or the Lease Amendment. In the event
of a conflict between this Memorandum of Amendment and the Lease Amendment, the Lease
Amendment shall control.
4. Counterparts. This Memorandum of Amendment may be executed in
counterparts, each of which will be deemed an original document, but all of which shall
constitute a single document. This document will not be binding on or constitute evidence of a
contract between the parties until such time as a counterpart of this document has been executed
by each party and a copy thereof delivered to the other party.
[Signatures on following page]
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IN WITNESS WHEREOF, each Party has caused
be executed by their respective duly authorized officers to
Date written above.
TENANT:
T-MOBILE WEST TOWER LLC,
a Delaware limited liability company
By its attorney -in -fact:
this Memorandum of Amendment to
be duly effective as of the Effective
CCTMO LL , WITNESSES:
a Delaware 'm' e ility company
Signature: Signature:
Print Name: K1ns op er Mooil< Print Name:
Title:
ce President en
Signature: •��-- ��---�"
Print Name:
WITNESS AND ACKNOWLEDGEMENT
State of Texas
County of Harris
On this t0j day of bo_ , 2018, before me, aA�-o— the
undersigned Notary Public, personally appearedg ` M °` , who 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 authorized capacity, and
that by his signature on the instrument, the person or the entity upon which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing
paragraph is true and correct.
WITNESS y hand and
official seal.
t�
otar Public
Print Name: ti AXA 4&-A
My commission expires:
� TARA GRODA
�•oP�Y &e� ' Notary Public, State of Texas
Comm. Expires 02-16-2022
'oi` ;. Notary ID 3889625
[SEAL]
Crown BU# / Site Name: 825767 / Mcrae —meridian
Melody Site # / Site Name: U0945W-TM1 / Mcrae meridian
[SIGNATURES CONTINUE ON NEXT PAGE/
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MELODY:
T10 MELTEL LLC
a Delaware limited liability company
Signature:
Print Nar
Title: At
State of New York
County of New York
WITNESSES:
Signature: 0 — - —� 0
Print Name: Courtney Dani 1
Signature: .t
Print Name: An elica Mazzone
WITNESS AND ACKNOWLEDGEMENT
On this 4th day of February, 2019, before me, Maria M. Porter, the undersigned Notary
Public, personally appeared Joshua Oboler, who 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 authorized capacity, and that by his signature on the
instrument, the person or the entity upon which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of New York that the
foregoing paragraph is true and correct.
WITNESS my hand fficial seal.
AvUA�,
Notary Public ,
Print Name: Maria M. Porter
MARIA M. PORTER
Notary Public - State of New York
NO.01P06310076
Qualified in New York County
My C ani nission Expires Aug 18, 2022
My commission expires: August 18, 2022 [SEAL]
EXHIBIT A
Legal Description
Lot 17 in Block 1 and Lots 1 through 13 in Block 2 and that portion of 4th Street lying in between Block 1
and 2, Vacated by an Ordinance recorded in Book 9 of Miscellaneous Records at Page 247, All in Bown's
Railroad Addition To Meridian, according to the official plat thereof, filed in Book 4 of Plats at Page(s)
155, records of Ada County, Idaho.
Together with all water rights and appurtenances thereto.
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