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Home My WebLink About903 BUCKINGHAM ST - MISCELLANEOUS - 9/19/2016Angela Myers, Clerk & Recorder, Larimcr County CO Prepared by and Return to: Atlas Tower 1, LLC c/o Nathan Foster ' 4450 Arapahoe Ave., Suite 100 Boulder, CO 80303 Re: FTC Alta Vista MEMORANDUM OF This Memorandum of Lease Is entered Into as of this 70d1ey 01 & and between Atlas Tower 1, LLC ('Lessor'), with an address of 4450 Arapahoe Avenue, S ite 100, Boulder, CO 80303 and Verizon Wireless (VAW) LLC cMa/ Verizon Wireless ("Lessee), with an address of One Verizon Way, Mall Stop 4AW100, Basking Ridge, New Jersey 07920. 1. sor Find et"'ed into a certain Lease Agreement ('Agreement') as of the bay of 20 for the purpose of installing, operating and maintaining a communications facility, other improvements on a portion of real property, and the communication tower facility located thereon, owned or leased by Lessor and as legally described on Exhibit 1 attached hereto and incorporated herein by this reference (the 'Land'). All of the foregoing are set forth In the Agreement and except as otherwise expressly provided herein, all defined terms shall have the meanings as ascribed to them in the Agreement. 2. The initial lease term will be ten (10) years ('InlOal Term') commencing on the first day of the month following Atlas' completion of the Communication Tower Facility and VZW's receipt of a notice to proceed with Installation of the Equipment at the leased premises (the 'Commencement Datel. The Agreement Is subject to four (4), 5-year options to renew. 3.' The portion of the Land being leased to Lessee (the 'Premised Is described in Exhibit 2 attached hereto and Incorporated herein by this reference. 4. This Memorandum of Lease 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 Lease 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 5. Lessor and Lessee represent and warrant to each other that they have full right, power and authority to enter into this Memorandum of Lease without the consent or approval of any other entity or person and make these representations knowing that the other party will. rely thereon. The signatory on behalf of Lessor and Lessee further represent and warrant that they have full right, power and authority to act for and on behalf of Lessor and Lessee in entering Into this Memorandum of Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the data and year first written above. LESSOR: LESSEE: Atlas Tower By: Chief Fl ancial Officer Date: �� ~� 16 Verizon Wireless (VAW) LLC d/b/a Verizo i ass By Name: _ Rick Goldc'dtmidt ali'SST,t7� AM.IAU(Win1 B1700733 EXHIBIT 1 Description of Parent Tract Real property with the address of 903 Buckingham Street, Fort Collins, CO 80524, with a Parcel Number 9712159001 and an assessor brief legal description of LOT 1, COLORADO IRON AND METAL 2ND, FTC (20130059930). Angela Myers, Clerk & Recorder, Larimer County, CO STATE OF COUNTY OF The foregoing instrument waSv Eschmeyer, as Chief Financial Officer of Witness my hand and /official seal. (Seal) Sep STATE OF COLORADO ) as. COUNTY OF ARAPAHOE ) i before me this _ day of 2016 by Evan 1, LLC. My Commission Th for going Instrumen} 1 s acknowl gel before me this C1 day of 4i + . 2016 by t as lit: '�nmM. itr of a e Wireless. �QS /u.v(r � �� Witness my hand and official seal. (Seal) SHANON BELLSTAM NOTARY PUBLIC STATE OF COLORADO NOTARYIO1201ew:20393 Qi5mulsq E%RrtESOr.27-T020 Ac:ivet43004610.1 r rl 4 IA �QA>" O ARY PU LI My Commission Expires: 10 Angela Myers, Clerk & Recorder, Larimer County, CO r STATE OF COLORADO ) ) as - COUNTY OF ARAPAHOE ) j The foregoing Instrument was acknowledged before me this (� day of 1�2018 by jjj�Gn}4k4hmirlt as niMetnrNetwn�k Eic d*-aYWUon Wreless (VA1A) LLC d/b/a Verizon Wireless. Witness my hand and official seal. (Seaq :STACEYLYNN BELL - BROWER OTARY PUBLIC E OF COLORADO ARY ID Y009402242t WiONEMR JULY17,2a17 -------------------- Activd43404610.1 My Comm ssioniExpires: (j Angela Myers, Clerk & Recorder, Larimer County, CO EXHIBIT 1 TO MEMORANDUM OF LEASE LEGAL DESCRIPTION OF LAND LOT 1, COLORADO IRON AND METAL SECOND FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. Acdvd43404610.1 _ Aagtla Myers, Clerk & Recorder, Larimer County, CO EXHIBIT 2 TO 11NDUM OF LEASE PREMISES (See Attachedl ActivH43404610.1 ' GEND, e Y — mw — oaw w — • YY.I v.s _ / / B I I I �3 RO lIYfOMYAIIM u.uiuu ma SITE SURVEY a�a r LS 2 nrt,tr 11u1va: ZU15U055911, 08/24/2015 at 11:50:08 AM,1 OF 5, R $31.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Latimer County, CO EXHIBIT 3 LJ Retunt to: Atlas Tower Holdings. LLC 4450 Arapahoe Ave., Suite 100 Boulder. CO 80303 FORM OF MEMORANDUM OF LEASE This Memorandum of Lease evidences a Lease ("Lease") is made this Adav of ' 20_j. m the recording district of Larimer County, Colorado, by and between, GTG Investments, LLC ("Landlord") whose address is 903 Buckingham St., Foil Collins, CO 80524, and Atlas Tower Holdings, LLC ("Tenant"), whose address is 4450 Arapahoe Ave., Suite 100, Boulder, CO 80303, commencing on the first day of the month following site construction complete (the "Commencement Date"), which shall be confirmed in writing from Tenant to Landlord, for certain real property (the "Premises"), as described in Exhibit 2 attached hereto. Landlord ratifies, restates and confirms the Lease and hereby Leases to Tenant the Premises, subject to the terms and conditions of the Lease. The Lease provides for the Lease by the Landlord to Tenant of the Premises for [a/an initial) term of two hundred forty (240) months with four renewal option(s) of an additional sixty (60) months- each, and further provides: 1. Landlord will attom to any mortgagee of Tenant and will subordinate any Landlord's lien to the liens of Tenant's mortgagees; 2. The Lease restricts Landlord's ability to utilize, or allow the utilization of its adjacent property for the construction, operation and/or maintenance of communications towers and related facilities: 3. The Premises may be used exclusively by Tenant for all legal purposes, including without limitation, erecting, installing, operating and maintaining radio and communications towers, buildings, and equipment; 4. Tenant is entitled to sublease and/or sublicense the Premises, including any communications tower located thereon; and, 5. Under certain circumstances, Tenant has a right of first refusal to acquire the Premises from Landlord. 6. Landlord authorizes Tenant, and any of Tenants agents or representatives, to seek, apply for, and secure any and all permits related to the installation of a wireless communications tower and facility. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURES BEGIN ON NEXT Two PAGES) R1700733 ItV WIMESS WHEREOF, fire parties hereto bare executed this MEMORANDUM OF LEASE as of the date lass signed by a party hereto. WITNESSES: Name: Name: LANDLORD: GTt By: Nair Title Datt On this f >day of 2015, before me personally appeared to me known (or proved to me on the basis of satisfactory evidence) to be the persons described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. WITNESS my hand and Official Seal at office this day of2015. My Commission Expires: Notary Public EM T GABLEBLICORADO34061690RES 09/30l2017 y WITNESSES: Name: Name: TENANT: Atlas Tourer Midin LLC sy. N e: Evan Fret meyer Title: Chief Financial Officer, Atlas Tower Holdings. LLC �J Date: b le On this 6 day of C"rtnflu,Si 2015, before me personally appeared LVAtj /�M�t/Pit2 ,00 meknown(or proved to me on the basis of satisfactory ) to be the persons described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. WITNESS my hand and Official Seal at office this jtday of h 5� 2015. My Commission Expires: �-Jz3/u�)al E PUB. ME & AATE OFC OLORADOIdendmkron 120154028955 D*N July 23. 2019 dmu�/Zl Notary Public ` i