HomeMy WebLinkAboutADM23-0013_Agent Authorization FormButte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965 Planning Center Phone 530.552.3701 Fax 530.538. 7785 dsplanning@buttecounty.net
AGENT AUTHORIZATION
To Butte County, Department of Development Services:
Tilson Technologies Management Inc (Agent: Mike Mounphiphal c71� 837-8761 FORM NO DPL-02
Print Name of Agent
16 Middle Street, 4th Fir, Portland, ME 04101
Phone Number
MMounphiphak@TilsonTech.com
Mailing Address Email Address
is hereby authorized to process this application on my/our property, identified as Butte County Assessors
Parcel Number(s)
4 Longest Drive, Chico, CA 95928 (APN: 040-020-171-000)
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents
necessary for said processing, including mitigation and conditions of approval, but not including documents(s)
relating to title interest.
Owner(s) of Record (sign and print name)
Gregory Mercier, Managing Attorney, ATC Sequoia LLC, as Attorney in-fact for McKinney Denny L & Jaqulynn M Rev Trust**
PrintNau:
Signature
Print Name
Signature
Tilson Technologies Management Inc (Agent: Mike Mounphiphak)
Print Name
Signature
Print Name
Signature
Print Name of Applicant (if other than owner) Signature of Applicant (if other than owner)
Print Name of California Civil Engineer/Land Surveyor Phone Number
Mailing Address Email Address
Please contact Planning Division Staff with any questions.
**For .-\uthority, sec The Second .-\mcndmcnt To Land Lease .-\grccment attached herewith
SO ATC 415908, OAA786029
THE SECOND AMENDMENT TO LAND LEASE AGREEMENT
This Second Amendment to Land Lease Agreement (this "Amendment'') is made effective as of the latter
signature date hereof (the "Effective Date") by and between Denny L. McKinney and Jacqulynn M.
McKinney, husband and wife (collectively referred to herein as "Landlord") and Sacramento Valley Limited
Partnership d/b/a Verizon Wireless ("Tenant'') (Landlord and Tenant being collectively referred to herein as
the "Parties").
RECITALS
WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference
made a part hereof (the "Parent Parcel"); and
WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into
that certain Land Lease Agreement dated October 27, 2009 (as the same may have been amended,
collectively, the "lease"}, pursuant to which the Tenant leases a portion of the Parent Parcel and is the
beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease
(such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected,
collectively, the "Leased Premises"), which Leased Premises are also described on Exhibit A; and
WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified
therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of
March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company ("American Tower"),
pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased
Premises, all as more particularly described therein; and
WHEREAS, Tenant has granted American Tower a limited power of attorney (the "POA") to, among other
things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as
more particularly set forth in the POA; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to
otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and
other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1.One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Twenty
Thousand and No/100 Dollars ($20,000.00), payable within thirty (30) days of the Effective Date and
subject to the following conditions precedent: (a) Tenant's receipt of this Amendment executed by
Landlord, on or before April 20, 2019; (b) Tenant's confirmation that Landlord's statements as further set
forth in this Amendment are true, accurate, and complete, including verification of Landlord's ownership;
(c)Tenant's receipt of any do cuments and other items reasonably requested by Tenant in order to
effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original
Memorandum (as defined herein) executed by Landlord.
2.Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or this
Amendment, the Parties agree the Lease originally commenced on April 1, 2010 and, without giving
effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal
options contained in the Lease (each an "Existing Renewal Term" and, collectively, the "Existing
Renewal Terms"), the Lease is otherwise scheduled to expire on March 31, 2035. In addition to any
Existing Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the
Lease for each of eight (8) additional five (5) year renewal terms (each a "New Renewal Term" and,
collectively, the "New Renewal Terms"). Notwithstanding anything to the contrary contained in the
ATC Site No: 415908 VZW Site No: 180797
Site Name: Chico Relocation CA
Lease, (a) all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant
notifies Landlord that Tenant elects not to renew the Lease, as amended herein, at least sixty (60) days
prior to the commencement of the next Renewal Term (as defined below) and (bl Landlord shall be able
to terminate the Lease, as amended herein, only in the event of a (i) a monetary default by Tenant which
is not cured within thirty (30) days from Tenant's receipt of Landlord's notice of said default, or (ii) a non
monetary default by Tenant, which default is not cured within sixty (60) days of Tenant's receipt of
writteri notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a
material default within sixty (60) days of Tenant's actual receipt of notice thereof and reasonably
requires additional time beyond the sixty (60) day cure period described herein to effect such cure,
Tenant shall have such additional time as is necessary (beyond the sixty [60] day cure period) to effect
the cure. References in this Amendment to "Renewal Term" shall refer, collectively, to the Existing
Renewal Term(s) and the New Renewal Term(s). The Landlord hereby agrees to execute and return to
Tenant an original Memorandum of Lease in the form and of the substance attached hereto as Exhibit B
and by this reference made a part hereof (the "Memorandum") executed by Landlord, together with any
applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to
Landlord.
3.Rent and Escalation. The Parties hereby acknowledge and agree that all applicable increases and
escalations to the rental payments under the Lease (the "Rent") shall continue in full force and effectthrough the New Renewal Term(s). In the event of any overpayment of Rent prior to or after the
Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to
the overpayment amount. Notwithstanding anything to the contrary contained in the Lease, as modified
by this Amendment, all Rent and any other payments expressly required to be paid by Tenant to
Landlord under the Lease and this Amendment shall be paid to Denny L. McKinney.
4.Landlord and Tenant Acknowledgments. Except as modified herein, the Lease and all provisions
contained therein remain in full force and effect and are hereby ratified and affirmed. In the event there
is a conflict between the Lease and this Amendment, this Amendment shall control. The Parties hereby
agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from
Landlord for any of Tenant's activities at and uses of the site prior to the Effective Date, including
subleasing to American Tower, Landlord's execution of this Amendment is and shall be considered
consent to and approval of all such activities and uses and confirmation that no additional consideration
is owed to Landlord for such activities and uses. Landlord hereby acknowledges and agrees that Tenant
shall not need consent or approval from, or to provide notice to, Landlord for any future activities at or
uses of the Leased Premises, including, without limitation, subleasing and licensing to additional
customers, installing, modifying, repairing, or replacing improvements within the Leased Premises,
and/or assigning all or any portion of Tenant's interest in the Lease, as modified by this Amendment.
Tenant and Tenant's sublessees and customers shall have vehicular (specifically including truck) and
pedestrian access to the Leased Premises from a public right of way on a 24 hours per day, 7 days per
week basis, together with utilities services to the Leased Premises from a public right of way. Upon
request by Tenant and at Tenant's sole cost and expense and for no additional consideration to Landlord,
Landlord hereby agrees to promptly execute and return to Tenant building permits, zoning applications
and other forms and documents, including a memorandum of lease, as required for the use of the Leased
Premises by Tenant and/or Tenant's customers, licensees, and sublessees. Landlord hereby appoints
Tenant as Landlord's attorney-in-fact coupled with an interest to prepare, execute and deliver land use
and zoning and building permit applications that concern the Leased Premises, on behalf of Landlord
with federal, state and local governmental authorities, provided that such applications shall be limited
strictly to the use of the Leased Premises as a wireless telecommunications facility and that such
attorney-in-fact shall not allow Tenant to re-zone or otherwise reclassify the Leased Premises or the
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
Parent Parcel. The terms, provisions, and eonditions of this Section shall survive the execution and
delivery of this Amendment.
5.Non-Compete. During the original term, any Existing Renewal Terms, and/or any New Renewal Terms of
the Lease, as modified by this Amendment, Landlord shall not sell, transfer, grant, convey, lease, and/or
license by deed, easement, lease, license or other legal instrument, an interest in and to, or the right to
use or occupy any portion of the Parent Parcel or Landlord's contiguous, adjacent, adjoining or
surrounding property to any person or entity directly or indirectly engaged in the business of owning,
acquiring, operating, managing, investing in or leasing wireless telecommunications infrastructure (any
such person or entity, a "Third Party Competitor'') without the prior written consent of Tenant, which
may be withheld, conditioned, and/or delayed in Tenant's sole, reasonable discretion.
6.limited Right of First Refusal. The Parties acknowledge and agree that Section 16 of the Lease is hereby
deleted in its entirety and is of no further force and effect. From and after the Effective Date the
obligations of the Parties with respect to Tenant's right of first refusal shall be controlled by this Section
of this Amendment. Notwithstanding anything to the contrary contained herein, this paragraph shall not
apply to any fee simple sale of the Parent Parcel from Landlord to any prospective purchaser that is not a
Third Party Competitor or to American Tower. If Landlord receives an offer or desires to offer to: (i) sell
or convey any interest (including, but not limited to, leaseholds or easements) in any real property of
which the Leased Premises is a part to a Third Party Competitor or (ii) assign all or any portion of
Landlord's interest in the Lease to a Third Party Competitor (any such offer, the "Offer"), Tenant shall
have the right of first refusal to purchase the real property or other interest being offered by Landlord in
connection with the Offer on the same terms and conditions. If Tenant elects, in its sole and absolute
discretion, to exercise its right of first refusal as provided herein, Tenant must provide Landlord with
notice of its election not later than forty-five (45) days after Tenant receives written notice from Landlord
of the Offer. If Tenant elects not to exercise Tenant's right of first refusal with respect to an Offer as
provided herein, Landlord may complete the transaction contemplated in the Offer with the Third Party
Competitor on the stated terms and price but with the express condition that such sale is made subject
to the terms of the Lease, as modified by this Amendment. Landlord hereby acknowledges and agrees
that any sale or conveyance by Landlord in violation of this Section is and shall be deemed to be null and
void and of no force and effect. The terms, provisions, and conditions of this Section shall survive the
execution and delivery of this Amendment. For the avoidance of doubt, American Tower, its affiliates
and subsidiaries, shall not be considered a Third Party Competitor and this provision shall not apply to
future transactions with American Tower, its affiliates and subsidiaries.
7 .. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent
applicable, Landlord is duly organized, validly existing, and in good standirg in the jurisdiction in which
Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and
authorized to transact business in each other jurisdiction in which such qualifications are required; (ii}
Landlord has the full power and authority to enter into and perform its obligations under this
Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of
Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no
consent,. authorization, order, or approval of, or filing or registration with, any governmental authority or
other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv)
Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (v) to the
best of Landlord's knowledge, there are no agreements, liens, encumbrances, claims, claims of lien,
proceedings, or other matters (whether filed or recorded in the applicable public records or not) related
to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased
Premises or any other portion of the Parent Parcel which do or could (now or any time in the future)
adversely impact, limit, and/or impair Tenant's rights under the Lease, as amended and modified by this
ATC Site No: 415908
VZW Site No: 180797 Site Name: Chico Relocation CA
Amendment; and (vi) the square footage of the Leased Premises is the greater of Tenant's existing
improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease. The
representations and warranties of Landlord made in this Section shall survive the execution and delivery
of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages, losses,
costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of
the representations and warranties made herein or if any of the representations and warranties made
herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery
of this Amendment.
8.Confidentiality. Notwithstanding anything to the contrary contained in the Lease or in this Amendment,
Landlord agrees and acknowledges that all the terms of this Amendment and the Lease and any
information furnished to Landlord by Tenant or American Tower in connection therewith shall be and
remain confidential. Except with Landlord's family, attorney, accountant, broker, lender, a prospective
fee simple purchaser of the Parent Parcel, or if otherwise required by law, Landlord shall not disclose any
such terms or information without the prior written consent of Tenant. The terms and provisions of this
Section shall survive the execution and delivery of this Amendment.
9.Notices. The Parties acknowledge and agree that Section 23 of the Lease is hereby deleted in its entirety
and is of no further force and effect. From and after the Effective Date the notice address and
requirements of the Lease, as modified by this Amendment, shall be controlled by this Section of this
Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by
nationally recognized courier service, or by First Class United States Mail, certified, return receipt
requested to the addresses set forth herein: to Landlord at: Denny L. McKinney and Jacqulynn McKinney,
PO Box 3742, Chico, CA 95927; to Tenant at: Verizon Wireless, Attn.: Network Real Estate, 180
Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn.: Land
Management, 10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn.: Legal Dept. 116
Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the
others in the manner provided herein, may designate one or more different notice addresses from those
set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a
changed address for which no notice was given as required herein, shall be deemed to be receipt of any
such notice.
10.Counterparts. This Amendment may be executed in several counterparts, each of which when so
executed and delivered, shall be deemed an original and all of which, when taken together, shall
constitute one and the same instrument, even though all Parties are not signatories to the original or the
same counterpart. Furthermore, the Parties may execute and deliver this Amendment by electronic
means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by
electronic means will have the same force and effect as delivery of original signatures and that each of
the Parties may use such electronic signatures as evidence of the execution and delivery of the
Amendment by all Parties to the same extent as an original signature.
11.Governing Law. The Parties acknowledge and agree that Section 21 of the Lease is hereby deleted in its
entirety and is of no further force and effect. From and after the Effective Date and notwithstanding
anything to the contrary contained in the Lease and in this Amendment, the Lease and this Amendment
shall be governed by and construed in all respects in accordance with the laws of the State or
Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws
provisions of such State or Commonwealth.
12.Tenant's Securitization Rights; Estoppel. Landlord hereby consents to the granting by Tenant and/or
American Tower of one or more leasehold mortgages, collateral assignments, liens, and/or other security
ATC Site No: 415908
VZW Site No: 180797 Site Name: Chico Relocation CA
interests (collectively, a "Security Interest") in Tenant's (or American Tower's) interest in the Lease, as
amended, and all of Tenant's (or American Tower's) property and fixtures attached to and lying within
the Leased Premises and further consents to the exercise by Tenant's (or American Tower's) mortgagee
("Tenant's Mortgagee") of its rights to exercise its remedies, including without limitation foreclosure,
with respect to any such Security Interest. Landlord shall recognize the holder of any such Security
Interest of which Landlord is given prior written notice (any such holder, a "Holder'') as "Tenant"
hereunder in the event a Holder succeeds to the interest of Tenant and/or American Tower hereunder by
the exercise of such remedies. Landlord further agrees to execute a written estoppel certificate within
thirty (30) days of w�itten request of the same by Tenant, American Tower or Holder.
13.Taxes. The Parties acknowledge and agree that Section 7 of the Lease is hereby deleted in its entirety and
is of no further force and effect. From and after the Effective Date the obligations of the Parties with
respect to taxes shall be controlled by this Section of this Amendment. During the term of the Lease, as
modified by this Amendment, Landlord shall pay when due all real property, personal property, and
other taxes, fees and assessments attributable to the Parent Parcel, including the Leased
Premises. Tenant hereby agrees to reimburse Landlord for any personal property taxes in addition to
any increase in real property taxes levied against the Parent Parcel, to the extent both are directly
attributable to Tenant's improvements on the Leased Premises (but not, however, taxes or other
assessments attributable to periods prior to the Effective Date), provided, however, that Landlord must
furnish written documentation (the substance and form of which shall be reasonably satisfactory to
Tenant) of such personal property taxes or real property tax increase to Tenant along with proof of
payment of same by Landlord. Anything to the contrary notwithstanding, Tenant shall not be obligated
to reimburse Landlord for any applicable taxes unless Landlord requests such reimbursement within one
(1)year after the date such taxes became due. Landlord shall submit requests for reimbursement in
writing to: American Tower Corporation, Attn: Landlord Relations, 10 Presidential Way, Woburn, MA
01801 unless otherwise directed by Tenant from time to time. Subject to the requirements set forth in
this Section, Tenant shall make such reimbursement payment within forty-five (45) days of receipt of a
written reimbursement request from Landlord. Tenant shall pay applicable personal property taxes
directly to the local taxing authority to the extent such taxes are billed and sent directly by the taxing
authority to Tenant. If Landlord fails to pay when due any taxes affecting the Parent Parcel as required
herein, Tenant shall have the right, but not the obligation, to pay such taxes on Landlord's behalf and: (i)
deduct the full amount of any such taxes paid by Tenant on Landlord's behalf from any future payments
required to be made by Tenant to Landlord hereunder; (ii) demand reimbursement from Landlord, which
reimbursement payment Landlord shall make within thirty (30) days of such demand by Tenant; and/or
(iii) collect from Landlord any such tax payments made by Tenant on Landlord's behalf by any lawful
means.
14.Deletions. The Parties acknowledge and agree that Section 22 and Section 27(a) of the Lease are hereby
deleted in their entirety and are of no further force and effect.
15.Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict
between the terms and provisions of this Amendment and those contained in the Lease, the terms and
provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this
Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions
ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning,
definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of
any such capitalized terms or similar or analogous terms in the Lease, the meaning, definition, or usage
of any such capitalized terms in this Amendment shall control.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
LANDLORD:
Denny L. McKinney
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Jacqulynn M. McKinney
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[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
TENANT:
Sacramento Valley Limited Partnership d/b/a Verizon Wireless
By: ATC Sequoia LLC, a Delaware limited \iability company
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Title: -----.!!!S@8RAIIF.. o�r-1-C;t'-Q\I-UH'1nfQsea111-, Date: _____________ _
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
EXHIBIT A
PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or
deeds) that include the land area encompassed by the Lease and Tenant's improvements thereon.
The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds)
to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below:
Parcel I:
Being a portion of Section 5, Township 21 North, Range 2 East and Section 32, Township 22 North,
Range 2 East, M.D.B. & m., more particularly described as follows:
Beginning at the U.S. Survey quarter Section corner between Said Section 5, Township 21 North, Range
2 East and Said Section 32, Township 22 North, Range 2 East, M.D.B. & M; thence South 00 deg. 04'
49" West, 256.00 Feet; Thence parallel with the North line of Said Section 5, North 89 deg. 59' 28" East,
437.00 feet; thence North 00 deg. 04' 49" East, 91.22 Feet; thence North 29 deg. 06' 50" West, 204.61
Feet Thence parallel with the North Line of Said Section 5, South 89 deg. 59' 28" West, 337.00 Feet to a point on the East line of the Southwest quarter of Said Section 32; Thence South 00 deg. 51' 49" West
along Said East line, 14.00 Feet to the point of beginning;
Parcel herein is pursuant to a Lot line adjustment approved by the County of Butte, by Deed recorded August 10, 2001, under Butte County recorder's serial no. 2001-36030, and this is the resultant
description which record_ed August 10, 2001, under Butte County recorder's serial no. 2001-36032, and
re-recorded December 12, 2003, under Butte County recorder's serial no. 2003-86286.
Parcel II:
A right of way for ingress, Egress and utility purposes over a portion of Section 5, Township 21 North,
Range 2 East, M.D.B. & m., more particularly described as foltows:
Commencing at the US. Survey quarter corner Section corner betv,een Section 5, Township 21 North, Range 2 East, M.D.B. & m., and Section 32, Township 22 North, Range 2 East, M.D.B. & M.; Thence
North 00 deg. 51' 49" East, along the East line of the Southwest Quarter of Said Section 32,412.23 Feet
to a point on the Southerly right-of-way line of the skyway; Thence i;tlong Said right-of-way line, South 74 deg. 35' 16" East, 113.26 feet to the beginning of a non-tangent curve, concave Southwesterly (radial
line to said curve bears North 18 deg. 37' 40" East); Thence continuing along Said right-of-way line, along Said curve having a radius Of 1405.00 Feet, through a central angle of 28 deg. 51' 34", an arc
length of 707 .68 Feet to a point on the North line of Said Section 5; thence continuing along Said
right-of-way line, along Said curve, through a central angle of 5 deg. 51' 01", an arc length of 143.46 Feet to the true point of beginning; thence leaving said right-of-way line, South 26 deg. 58' 13" West, a
distance of 27.22 feet to a point lying 30.00 Feet Northerly of the South line of Parcel 3, as described in Deed recorded in the office of the recorder of the County of Butte, State of California, June 7, 1995,
under Butte County recorder's serial no. 95-18515; thence South 89 deg. 59' 28" West and parallel with
the South' line of Said parcel 3, a distance of 174.50 feet to a point lying 30.00 Feet Westerly of the projection of the East line of said parcel 3; Thence South 00 deg. 04' 49" West, and parallel with Said
East line of Parcel 3, a distance of 1179.80 feet to the South line of parcel 2, as described in deed
recorded in the office of the recorder of the County of Butte, State of California, June 7, 1995, under Butte County recorder's serial no. 95-18514; Thence continuing along Said line of parcel 2, North 80
deg. 01' 49" East, a distance of 30.45 feet to the
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
EXHIBIT A {Continued)
Southwest corner of parcel 1, as described in deed recorded in the office of the Recorder of the County
of Butte, State of California, June 7, 1995, under Butte County recorder's serial no. 95-18513; thence along the South line of Said parcel 1, South 67 deg. 34' 11" East, a distance of 22.10 Feet to a point
lying 30.00 Feet easterly of the Projection of the West line of Said parcel 1; Thence North 00 deg. 04' 49" East, and Parallel with the Said West line of parcel 1, a distance of 1121.29 Feet to a point lying
30.00 Feet Southerly of the North line of Said parcel 1; Thence North 89 deg. 59' 28" East and parallel
with the Said North line of parcel 1, a distance of 185.00 Feet to a Point on curve, concave Southwesterly (radial line to Said curve bears North 57 deg. 30' 40" East), Said point also being on the
Southwesterly right-of-way line of the Sky#ay; Thence along Said right-of-way line, along Said curve
having a radius of 1405.00 feet, through a central angle of 4 deg. 10' 25", an arc length of 102.34 Feet to
the true point of beginning.
Excepting therefrom all that portion lying within the bounds of Parcel I, described herein.
Parcel Ill:
A 25 foot wide access and utility Easement, being more particularly described as follows:
Being a portion of section 5, township 21 north, range 2 east, M.D.B. & M., more particularly described
as follows:
Commencing at the US. Survey quarter Section corner between Said Section 5, Township 21 North,
Range 2 East and Section 32, Township 22 North, Range 2 East, M.D.B. & M.; Thence South 00 deg.
04' 49" West, 256.00 Feet; Thence parallel with the North line of Said Section 5, North 89 deg. 59' 28"
East, 437.00 Feet; Thence North 00 deg. 04' 49" East, 59.60 Feet to the true point of beginning; thence
·parallel with the North line of Said Sections, North 89 deg. 59' 28" East, 200.00 Feet; Thence South 00
deg. 04' 49" West, 25.00 feet; Thence parallel with the North line of Said Section 5, South 89 deg. 59'28" West, 200.00 Feet; Thence North 00 deg. 04' 49" East, 25.00 Feet to the true point of beginning.
Parcel IV:
A 25 foot wide access and utility Easement, being more particularly described as follows:
Being a portion of Section 5, Township 21 North, Range 2 East, M.D.B. & M., more
Particularly described as follows:
Commencing at the US. Survey quarter Section corner between Said Section 5, Township 21 North,Range 2 East and Section 32, Township 22 North, Range 2 East, M.D.8. & M.; Thence South 00 deg.
04' 49'West, 256.00 feet; Thence parallel with the North line of Said Section 5, North 89 deg. 59' 28"
East, 437 .00 Feet; thence North 00 deg. 04' 49" East, 59.60 Feet to the true point of beginning; thence
parallel with the North line of said Section 5, North 89 deg. 59' 28" East, 200.00 Feet; Thence North 00
deg. 04' 49" East, 25.00 Feet; Thence parallel with the North line of Said Section 5, South 89 deg. 59'
28" West, 200.00 feet; thence South 00 deg. 04' 49" West, 25.00 Feet to the true point of beginning.
Being situated in Butte County, California; known as Parcel ID Number 040-020-171-000
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA·
EXHIBIT A {Continued)
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a
description obtained from an as-built survey conducted by Tenant.
The Leased Premises consists of that portion of the Parent Parcel as defined in the lease which shall include
access and utilities easements. The square footage of the leased Premises shall be the greater of: (i} the land
area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customer's) existing improvements on the
Parent Parcel; or (iii) the legal description or depiction below (if any).
COMMENCING AT THE U.S. SURVEY QUARTER SECTION CORNER BETWEEN SAID SECTION 5, TOWNSHIP 21 NORTH, RANGE 2 EAST AND SECTION 32, TOWNSHIP 22 NORTH, RANGE 2 EAST, M.D.B.&M.; THENCE FROM SAID POINT OF COMMENCEMENT N88°47'22"E 39.42' TO THE NORTHWEST
CORNER OF THE 41' X 31' AREA, SAID CORNER ALSO BEING THE POINT OF BEGINNING OF THEHEREIN DESCRIBED PARCEL: THENCE FROM SAID POINT OF BEGINNING N86°39'02"E 31.00'; THENCES03°20'58"E 41.00', THENCE S86°39'02"W 31.00', THENCE N03°20'58"W 41.00' TO THE POINT OFBEGINNING. CONTAINING 1,271 SQUARE FEET OR O.o3 ACRES MORE OR LESS. SUBJECT TOEASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel
currently utilized by Tenant (and Tenant's customer's} for ingress, egress and utility purposes from the Leased
Premises to and from a public right of way including but not limited to:
6' UTILITY EASEMENT# 1
COMMENCING AT THE U.S. SURVEY QUARTER SECTION CORNER BETWEEN SAID SECTION 5, TOWNSHIP 21 NORTH, RANGE 2 EAST AND SECTION 32, TOWNSHIP 22 NORTH, RANGE 2 EAST, M.D.B.&M.; THENCE FROM SAID POINT OF COMMENCEMENT RUN N88°47'22"E 39.42' TO THENORTHWEST CORNER OF THE 41' X 31' AREA, THENCE N86°39'02"E 31.00' TO THE NORTHEAST
CORNER OF SAID PARCEL, THENCE S03°20'58"E 41.00' TO THE SOUTHEAST CORNER OF SAID PARCEL,THENCE S01°13'44"E 3.81' TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBEDCENTERLINE EASEMENT: THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THECENTERLINE OF SAID 6' EASEMENT S88°02'04"W 72.39' TO THE POINT OF TERMINATION.CONTAINING lN ALL 434 .SQ. FT., OR .010 ACRES MORE OR LESS. SIDELINES OF SAID EASEMENT ARETO BE SHORTENED OR EXTENDED TO THE SIDELINES OF THE 6' UTILITY EASEMENT #1 ASDESCRIBED ABOVE.SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, lF ANY.
6' UTILITY EASEMENT #2
COMMENCING AT THE U.S. SURVEY QUARTER SECTION CORNER BETWEEN SAID SECTION 5, TOWNSIITP 21 NORTH, RANGE 2 EAST AND SECTION 32, T0WNSHJP 22 NORTH, RANGE 2 EAST, M.D.B.&M.; THENCE FROM SAID POINT 9F COMMENCEMENT RUN N88°47'22"E 39.42' TO THENORTHWEST CORNER OF THE 41' X 31' PARCEL, THENCE S03°20'58"E ALONG THE WEST LINE OF SAIDPARCEL FOR A DISTANCE OF 37.93' TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED
CENTERLINE EASEMENT: THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THECENTERLINE OF SAID 61 EASEMENT S81 °17'22"W 26.61' TO THE POINT OF TERMINATION.CONTAINING IN ALL 153 SQ. FT., OR .004 ACRES MORE OR LESS. SIDELINES OF SAID EASEMENT ARE
ATC Site No: 415908 VZW Site No: 180797
Site Name: Chico Relocation CA
EXHIBIT A {Continued)
ACCESS AND UTILITIES
TO BE SHORTENED OR EXTENDED TO THE SIDELINES OF THE 6' UTILITY EASEMENT #2 AS
DESCRIBED BELOW. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
15' ACCESS EASEMENT
COMMENCING AT THE U.S. SURVEY QUARTER SECTION CORNER BETWEEN SAID SECTION 5, TOWNSHIP 21 NORTH, RANGE 2 EAST AND SECTION 32, TOWNSHIP 22 NORTH, RANGE 2 EAST, M.D.B.&M.; THENCE FROM SAID POINT OF COMMENCEMENT RUN N88°47'22"E 39.42' TO THE NORTHWEST CORNER OF THE 41' X 31' AREA, THENCE N86°39'02"E 31.00' TO THE NORTHEASTCORNER OF THE SAID AREA, THENCE S03°20'58"E ALONG THE EAST LINE OF THE SAID AREA FOR ADISTANCE OF 9.36' TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINEEASEMENT:
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE CENTERLINE OF SAID 15' EASEMENT N58°12'43"E 13.39', THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 50.00', AN ARC LENGTHOF 27.77', ANDA CHORD BEARING AND DISTANCE OF N74°07'12"E 27.41', THENCE S89°58'20"E 50.34', THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 40.00', AN ARC LENGTH OF 54.70', AND A CHORD BEARING AND DISTANCE OF S50°47'33"E 50.54', THENCE SI l032'12"E 68.85', THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 120.00', AN ARC LENGTH OF 164.24', AND A CHORD BEARING AND DISTANCE OF S50°44'48"E 151.72', THENCE S89°57'23"E 104.60', THENCE S89°57'23"E 127.91', THENCE N72°21'53"E 108.45', THENCE N87°10'32"E 163.21' TO THE POINT OF TERMINATION LYING ON THE WESTERLY RIGHT OF WAY LINE OF SKYWAY ROAD. CONTAINING IN ALL 13251 SQ. FT., OR 0.304 ACRES MORE OR LESS. SIDELINES OF SAID EASEMENT ARE TO BE SHORTENED OR EXTENDED TO THE WESTERLY RIGHT OF WAY LINE OF SKYWAY ROAD. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation CA
EXHIBIT B
FORM OF MEMORANDUM OF LEASE
ATC Site No: 415908
VZW Site No: 180797
Site Name: Chico Relocation.CA