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Affidavit of Legal InterestMEMORANDUM OF FIRST AMENDMENT TO SITE LEASE WITH OPTION This Memorandum of First Amendment to Site Lease With Option is entered into as of the latter signature date hereof, by and between D&K 3140 East Florence LLC, an Idaho limited liability company, with an address of 7609 W Emerald St. Boise, ID 83704-9018 ("Landlord") and T- Mobile West Tower LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company. with an address of at 2000 Corporate Drive Canonsburg, PA 15317 ("Tenant"). 1. Landlord's and Tenant's predecessors in interest entered into a Site Lease With Option, dated June 1, 2007 (the "Lease") whereby Landlord leased certain real property, together with access and easements, to Tenant (the "Premises") all located within certain real property owned by Landlord located at 3100 E Florence Street, Meridian, ID 83642 (the "Landlord's Property"). All of the foregoing are set forth in the Lease. 2. Landlord and Tenant have entered into a First Amendment to Site Lease With Option (the "First Amendment"), of which this is a Memorandum, wherein the Premises was expanded. A description of the Premises, as expanded, is attached hereto as Exhibit A. 3. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. 4. The original copy of the Lease and the First Amendment to Site Lease With Option is held at the Landlord's and Tenant's addresses set forth above. IN WITNESS WHEREOF, the Parties have executed this Memorandum of First Amendment To Site Lease With Option as of the date(s) written below. LANDLORD: D&K 3140 East Florence LLC, an Idaho limited liability company By: Printed Name: Title: /d l-4NA- 6t-c v,4 ? 41L�6712� Date: I Y— f / IZ-D < < f TENANT: T-Mobile West Tower LLC, a Delaware limited liability company By: CCTMO LLC, a Delaware limited liability company Its Attorney in Fac By. J, J Printed Name: if, V c(S _ey Title: S4n C 1 �Acx vGY -ei� Date: I Z 13"-- ) BUN 825952 Pagel of 2 Site Name: Meridian Retail �AJ ACKNOWLEDGEMENT STATE OF IDAHO SS. COUNTY OF a notary public, do 2014, personally appeared before me being by me first duly sworn, declared that s/he is the Florence LLC, that s/he signed the foregoing docu ent as _ company, and that the statements therein IN WITNESS WHEREOF, I Stamp (if STATE OF WASHINGTON COUNTY OF KING certify that on this _ day of who, of D&K 3140 East . of the limited liability ;on ned are true. my hand and official seal. Date: Notary Public Title of office: My appointment expires: ACKNOWLEDGEMENT SS. I certify that I know or have satisfactory evidence that 410fIWCis the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that /she was authorized to execute the instrument and acknowledged it as the MCT \ (type of authority, e.g., officer, trustee, etc.) of CCTMO, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �g5101y 0i Stamp (if required): i ��'0 ++T'�'PP '.y0�► ca s -A$ 7 ��� e� //1''I It NASA`"" .1: Notary Public Title of office: MAJO6 X'- 6 &00°c',S0,C My appointment expires: --Oq— O- BUN 825952 Page 2 of 2 Site Name: Meridian Retail CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of /?/ On ��� `t , 2ZI before me, fJ- j1h_11F �ioe2 Datd A Here Insert N me and Title of thwOfficer personally appeared OWE F - D. JANE LOPEZ Commission # 1927Notary a Public - California z z z Riverside County My Comm. Expires Mar 5, 2015 Name(s) of Signer(s) who proved to me on the basis of satisfac4ory evidence to be the person( whose name(i) doare subscribed to the within instrument and acknowledged to me that &she/they executed the same in (s her/their authorized capacity(io), and that by her/their signature( on the instrument the person(o, or the entity upon behalf of which the person(Y 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: 14ce-09 Place Notary Seal Above OPTIONAL Signature 4NtrfPuAc Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1W"2v 4Cq7 ®% / "141-)W/V9L­1 72) Jer 09 tag W,774,/ Document Date: /,z-f (. i ic Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �ALC- r. AAki .1 Signer's Name: ❑ Corporate Officer — Title(s): e Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A DESCRIPTION OF PREMISES See Attached Drawings BUN 825952 Site Name: Meridian Retail SURVEYOR'S NOTES 1. SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN OR THEIR LOCATIONS ARE DEFINITE. IT IS THE RESPONSIBILITY OF THE CONTRACTOR AND DEVELOPER TO CONTACT ANY INVOLVED AGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION. REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITY OF THE CONTRACTOR. 2. BUILDING SETBACK LINES, ZONING, FLOOD AREA ZONES, AND ADDRESSES THAT MAY BE SHOWN ARE SUPPLIED BY THE GOVERNING AGENCY OR TAKEN FROM THE BEST AVAILABLE RECORDS. THE SURVEYOR V41LL NOT ACCEPT RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION SUPPLIED BY OTHERS. 3. THE DESCRIPTION OF PROPERTY BOUNDARIES AND EASEMENTS SHOWN HEREON, REPRESENT THAT INFORMATION PROVIDED IN COMMITMENT FOR TITLE INSURANCE ORDER NO. CRC-WC-330116-C, PREPARED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY. DATED JUNE 16, 2014 ANY INFORMATION SHOWN WHICH MAY VARY FROM THE CONTENTS OF THE REPORT(S) NOTED ABOVE, REPRESENTS INFORMATION AND MEASUREMENTS FOUND DURING THE COURSE OF THE SURVEY. 4. BEARINGS SHOWN HEREON ARE BASED UPON THE PLAT OF AMMON PROPERTIED, BOOK 89 AT PAGES 10228 - 10230 OF THE OFFICIAL RECORDS. 5. THIS PROJECT APPEARS TO BE LOCATED WITHIN FLOOD ZONE "X" AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. AREAS DETERMINED TO BE OUTSIDE TH E ����� 6. PROJECT ELEVATIONS ESTABLISHED FROM GPS DERIVED ORTHOMETRIC HEIGHTS BY APPLICATION OF NGS 'GEOID 12A' MODELED SEPARATIONS TO ELLIPSOID HEIGHTS DETERMINED BY RAW STATIC GPS DATA PROCESSED ON THE NGS OPUS WEBSITE. ALL ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE NAVD86 DATUM. 7. THE PURPOSE OF THIS SURVEY IS TO ESTABLISH OR DETERMINE A CROWN CASTLE LEASE PARCEL & ASSOCIATED EASEMENTS. THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORD INFORMATION PROVIDED BY TITLE AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PROPERTY. E. FAIRVIEW AVE 0 SI TE z � o 0 E. PINE AVE w w E z w z E. FRANKLIN AVE Z V/[/NlTY MAP N.T.S. DIRECTIONS TO SITE (FROM AIRPORT-BOISE AIR TERMINAL, BOISE, ID.) GO WEST ON W. AIRPORT WAY; STAY STRAIGHT ONTO S. RICKENBACKER ST: TURN RIGHT ONTO S. LUKE ST; TURN LEFT ONTO W. WRIGHT ST; TURN RIGHT ONTO S. ORCHARD ST; TURN LEFT AT ONRAMP TO 1-84 AND MERGE ONTO 1-84/US-30 W. TOWARD NAMPA/CALDWELL; TAKE EXIT 46 ONTO ID-55 TOWARD EAGLE/MCCALL; TURN RIGHT ONTO S.EAGLE RD (AKA ID-55); TURN LEFT ON E. FLORENCE DR; DESTINATION WILL BE ON THE RIGHT. SURVEY DATE 07/01/2014 CERTIFICATION ALL VISIBLE SITE RELATED IMPROVEMENTS ARE CONTAINED WITHIN THE OVERALL LEASE AREA. CERTIFIED TO: CROWN CASTLE FIDELITY NATIONAL TITLE INSURANCE COMPANY WILLIAM C. STAMPADOS, P.L.S. #9950 DATE ' I I APN: R0375650030 I PARCEL "C" OF PROPERTY LINE ADJUSTMENT RECORD OF SURVEY INSTRUMENT No. 104142696 SEE DETAIL SURVEY 1 �JO SHEET LS-3 35' UTILITY EASEMENT E. JEWEL STREET PER PLAT, OF AMMON ` \ PROPERTIES, 8K. 89 AT I PGS 10228-10230 � I IEXISTING LEASE /1REA S88' S1' 15"E _ 293.87 — I�59 .y50 108.11 885.76 _ N90' 00 OOV! —I 97.37 II 10' PRESSURE IRRIGATION 'il 10' IRRIGATION EASEMENT EASEMENT, INSTRUMENT I No. 103106307 1 11 III I P.O.T. R=160.00 L=88.18 A=31'34'40" 1 \J ACCESS ESMT I ml$ o I II ml I 1 ANTENNA I _ 1 STRUCTURE- APN: Ra375s30030 I II 1 w LOT 2 BLOCK I f x4e• 33' Bn'J 168.44 ULl I ig L_ I APN: R037565CO30 I I I< J O APN: B0375650030 2 IAT 1 BLOCK I Z m LOT 3 BLOCK t I I I I h Z -I EASEMENT �IPARENT PARCEL I L IW I I APN: B0375650030 I I N Ij w' I EAST LINE I I ZONING: I-L I I15 OF LOT 3 (COMMERCIAL BUILDING)I -I dWNER:D&K 3140 EAST FLORENCE LAIC IoI l �z I I DEED #113091535 I B I -12' EASEMENT AS NOTED i zI I (AS SHOWN ON THE PLAT ON THE PLAT OF AMMON IDF A BION PROPERTIES, BOOK 89 At PROPERTIES, 9K. 89 ACND STORM DRAIN N9P OC S 4I PAGES 10226-10230) ATPGS. 10228-10230 \ 0' NO I EASEMENT, INSTRUMENT \I ov BB' WE No. 104034264 _ _ 3zz5 —. 28 69 GRAPHIC SCALE JL u n s so . R=30.00 L=47.12 A=90'00'00" N88' 51' 151V 240.00 1 P.O.B. E. FLORENCE STREET R ACCESS ESMT =30.00 L=47.12 A=90'00'00" t=h - Go n CASW E \ \ 1Xa /s Y �muummtm�Gm \ \ \ \ \ ftaaecT ixvoRxnnax: \ \ 825952 \ 568' S1'_ IS"E 293 _ _87 McAdlan Recall _ _ _ � NLV,A \ 5� 07/14/14 ftEV.:�AIE:�E ,.� � � —�530' — 25' 54"E — — — — —— — — — — � on .\ \ , 14.35 S8T 03' WE avmmu EEASEIIRFA P.O.B. EXISTING/COMBINED 10.25 EXISTING 89 S0. FT. LEASE AREA LEASE AREA - \ P.O.C. NOT 56' WE SOT 56' 04'W _ 8.67 N90' 00' 00'14 97.37 LEASE AREA(S) 8.67 ---------------------------- \ \ P.D.T. \ y \ 1.25' ACCESS ESMT /mo \ N8T 03' 56-W 0 9.00 \ P.O.B. ADDRIONAL ,� \mow NO2' 56' 04'E1 I LEASE AREA 12.00 SOP 56' 04V 12.00 ANTENNA s aaEaAaEo ar: c 9.00 N8T 03' S6"W STRUCTURE ,J ADDITIONAL 108 S0. Ff. LEASE AREA oNsu ETA x i , � I � I bit � I INwx BY:CnK.: AW: 1 sa Na WCs 2 I o[FNSFA: I L I m ) I II 1 I KEET R I , 1 I IEEf 1 I 1 1 GRAPHIC SCALR ( Rt PfEI ) I le�h n ,e EE SURVEY DETAIL NIIMEEF L S— 3 n LESSOR'S LEGAL DESCRIPTION ACCESS EASEMENT LEGAL DESCRIPTION CROWE THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE A PORTION OF LOTS 1, 2 AND 3 IN BLOCK OF AMMON PROPERTIES SUBDIVISION, ACCORDING -TO COUNTY OF ADA, STATE OF IDAHO, AND IS DESCRIBED AS THE PLAT THEREOF, FILED IN BOOK 89 OF PLATS AT PAGES 10228-10230, RECORDS OF ADA =�npmggwm -. FOLLOWS: COUNTY, IDAHO, DESCRIBED AS FOLLOWS: LOTS 1, 2 AND 3 IN BLOCK OF AMMON PROPERTIES SUBDIVISION, Paaccr ix�aunnox: ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 89 OF PLATS A 12.00 F00T STRIP OF LAND LYING 6.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE:. AT PAGES 10228-10230, RECORDS OF ADA COUNTY, IDAHO. .s erss8259 tetall Me z BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY MARGIN OF EAST FLORENCE STREET AND auoeptaaE,xee oa THIS BEING THE SAME PROPERTY CONVEYED TO D&K 3140 EAST BEING THE SOUTHEAST CORNER OF SAID LOT 3; newouw,mvaz FLORENCE LLC, AN IDAHO LIMITED THENCE ALONG THE EAST LINE OF SAID LOT 3 THE FOLLOWING SIX (6) COURSES: -cum LIABILITY COMPANY FROM COMMUNITY PROPERTIES/AMMON, LLC, 1) NORTH 00-00-00" EAST, A DISTANCE OF 32.25 FEET; ,-ORiGWPL I55UE 0"E AN IDAHO LIMITED UABILITY COMPANY IN A DEED DATED OCTOBER 2) NORTH 90'00'00" EAST, A DISTANCE OF 43.67 FEET; - IIL 07/14/14 31. 2006 AND RECORDED DECEMBER 26, 2012 AS INSTRUMENT 3) NORTH 00-00'00" EAST, A DISTANCE OF 97.41 FEET; NO. 112135262; AS AFFECTED BY CORRECTIVE DEED RECORDED 4) NORTH 34'53.34" EAST A DISTANCE OF 57.31 FEET TO THE COMMON CORNER OF SAID LOTS �'�"re�rscmvnax a AS INSTRUMENT NO. 113091535. 1, 2 AND 3; 1 " °9 I=,. - EXISTING LEASE AREA LEGAL DESCRIPTION 5) NORTH 48-3308 WEST A DISTANCE OF 19.90 FEET; -PROPERTIES 6) NORTH 00*00'00" EAST A DISTANCE OF 90.08 FEET; A PORTION OF LOT 3 IN BLOCK OF AMMON THENCE LEAVING SAID EAST LINE, NORTH 90'00'00" WEST A DISTANCE OF 97.37 FEET TO THE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK TERMINUS OF SAID DESCRIBED CENTERLINE. 89 OF PLATS AT PAGES 10228-10230, RECORDS OF ADA THE SIDELINES OF SAID EASEMENT ARE LENGTHENED OR SHORTENED TO CREATE A CONTINUOUS COUNTY, IDAHO. DESCRIBED AS FOLLOWS: EASEMENT FROM THE SOUTH LINE OF SAID LOTS 1 AND 3 AND THE WESTERLY FACE OF AN COMMENCING AT A POINT ON THE. EASTERLY RIGHT-OF-WAY ENCLOSURE FOR CELLULAR AND TRASH AREAS. MARGIN OF NORTH OLIVE AVENUE AND BEING THE NORTHWEST NEW LEASE AREA LEGAL DESCRIPTION CORNER SAID LOT 3; THENCE ALONG THE NORTH LINE OF SAID LOT 3, NORTH 59'34'06" A PORTION OF LOT 3 IN BLOCK OF AMMON PROPERTIES SUBDIVISION,' ACCORDING TO THE PLAT 9]Q EAST DISTANCE OF 27.39 FEET; THEREOF, FILED IN BOOK 89 OF PLATS AT PAGES 10228-10230, RECORDS OF ADA COUNTY, THENCEE LEAVING SAID NORTH LINE, SOUTH 30'25'54" EAST, A IDAHO, DESCRIBED AS FOLLOWS: DISTANCE OF 14.35 FEET TO THE POINT OF BEGINNING; COMMENCING AT A POINT THE EASTERLY RIGHT-OF-WAY MARGIN OF NORTH OLIVE AVENUE ""EP""m e. THENCE SOUTH 87'03'S6" EAST A DISTANCE OF 10.25 FEET; AND BEING THE NORTHWEST CORNER OF SAID LOT 3; ' THENCE SOUTH 02'56'04" WEST A DISTANCE OF 8.67 FEET; THENCE ALONG THE NORTH LINE OF SAID LOT 3, NORTH 59-34'06" EAST A DISTANCE OF 27.39 THENCE NORTH 87'03'56" WEST A DISTANCE OF 10.25 FEET; FEET;. THENCE NORTH'02'S6'04" EAST A DISTANCE OF 8.67 FEET TO THENCE LEAVING SAID NORTH LINE, SOUTH 30'25'54" EAST, A DISTANCE OF 14.35 FEET; THE POINT OF BEGINNING. THENCE SOUTH 87'03'56" EAST A DISTANCE OF 10.25 FEET; CONTAINING 89 SQUARE FEET MORE_OR_LESS. _ ___ ._.-...-.--THENCE-SOUTH 02'56'04" WEST A DISTANCE OF 8.67 FEET TO THE POINT OF BEGINNING; oxcuux*: COMBINED LEASE AREA LEGAL DESCRIPTION THENCE CONTINUING SOUTH 02'56'04" WEST A DISTANCE OF 12.00 FEET; blt A PORTION OF LOT 3 IN BLOCK OF AMMON PROPERTIES THENCE NORTH 87'03'56" WEST A DISTANCE OF 9.00 FEET; SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK THENCE NORTH 02'56'04" EAST A DISTANCE OF 12.00 FEET; 89 OF PLATS AT PAGES 10228-10230, RECORDS OF ADA THENCE SOUTH 87'03'56" EAST A DISTANCE OF 9.00 FEET TO THE POINT OF BEGINNING. COUNTY, IDAHO, DESCRIBED AS FOLLOWS: CONTAINING 108 SQUARE FEET MORE OR LESS. COMMENCING AT A POINT ON THE EASTERLY RIGHT-OF-WAY cEasEa: MARGIN OF NORTH OLIVE AVENUE AND BEING THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE NORTH LINE OF SAID LOT 3, NORTH 59'34'06" EAST A DISTANCE OF 27.39 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 30-25'54" EAST, A DISTANCE OF 14.35 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'03'56" EAST A DISTANCE OF 10.25 FEET; nnc THENCE SOUTH 02'56'04" WEST A DISTANCE OF 20.67 FEET; THENCE NORTH 87'03'56" WEST A DISTANCE OF 9.00 FEET; LEGAL' DESCRIPTIONS THENCE NORTH 02'56'04" EAST A DISTANCE OF 12.00 FEET; THENCE NORTH 87'03'56" WEST A DISTANCE OF 1.25 FEET; - THENCE NORTH 02'56'04" EAST A DISTANCE OF 8.67 FEET TO EEi NUNBEfl THE POINT OF BEGINNING. CONTAINING 197 SQUARE FEET MORE OR LESS. LS- 4