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THE FIRST AMENDMENT TO LAND LEASE AGREEMENT
IR 4-36 CT)
This First Amendment to Land Lease Agreement (this “Amendment’) is made effective as of the latter
signature date hereof (the “Effective Date”) by and between City of Muskegon, a Michigan municipal
corporation (“Landlord”) and Muskegon Cellular 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 November 9, 2006 (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 Forty thousand
and 00/100 Dollars ($40,000.00), 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 ___, 2024; (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 documents 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 December 1, 2006 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 November 30, 2031. In addition to any Existing
Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the Lease for
an initial term of ten (10) years and each of four (4) additional five (5) year renewal terms (each a “New
Renewal Term’ and, collectively, the “New Renewal Terms”). As modified by this Amendment, all Existing
Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that
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Site Name: Mona Lake MI-702 MI
Tenant elects not to renew the Lease at least sixty (60) days prior to the commencement of the next
Renewal Term (as defined below). 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. Notwithstanding anything to the contrary in the Lease, as amended, in the event the
Lease terminates prior to ten (10) years after the Effective Date hereof (the “Rent Guarantee Date”),
Tenant shall pay to Landlord in one lump-sum the total remaining Rent payments that would have
otherwise been due to the Landlord through the Rent Guarantee Date (the “Rent Guarantee Amount”)
within thirty (30) days after termination of the Lease, provided however, the Rent Guarantee Amount shall
not be paid to Landlord in the event that: (i) the Lease is terminated by Tenant due to an uncured breach
of the Lease by Landlord; or (ii) the Lease is terminated by either party or any applicable third party having
a legal or statutory right to terminate the Lease due to a condemnation or taking of the Leased Premises
and/or Parent Parcel by the applicable local, state or federal jurisdiction or agency.
Rent and Escalation. The Parties agree and acknowledge that the current rent payable from Tenant to
Landlord under the Lease is Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00) per
month (the “Rent”). The Parties hereby acknowledge and agree that all applicable increases and
escalations to the Rent under the Lease shall continue in full force and effect through 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, all Rent and any other payments
expressly required to be paid to Landlord under the Lease shall be paid to City of Muskegon by Tenant.
Revenue Share.
Subject to the other applicable terms, provisions, and conditions ofthis Section, Tenant shall pay
Landlord an amount equal to Three hundred fifty and No/100 Dollars ($350.00) per month for each
sublease, license or other collocation agreement for the use of any portion of the Leased Premises
entered into by and between Tenant or American Tower and a third party (any such party, the
“Additional Collocator’) subsequent to the Effective Date (such amount, the “Collocation Fee”). The
Collocation Fee shall not be subject to the escalations to Rent as delineated in this Amendment and/or
the Lease.
The initial payment of the Collocation Fee shall be due within thirty (30) days of actual receipt by
Tenant or American Tower of the first collocation payment paid by an Additional Collocator. In the
event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to
pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such
expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall
have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that
Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s
obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or
affiliate of Tenant or American Tower.
Landlord hereby acknowledges and agrees that Tenant and American Tower have the sole and absolute
right to enter into, renew, extend, terminate, amend, restate, or otherwise modify (including, without
limitation, reducing rent or allowing the early termination of) any future or existing subleases, licenses
or collocation agreements for occupancy on the tower installed on the Leased Premises (such tower,
the “Tower’), all on such terms as Tenant and/or American Tower deem advisable, in Tenant’s and/or
American Tower’s sole and absolute discretion, notwithstanding that the same may affect the amounts
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payable to the Landlord pursuant to this Section.
Notwithstanding anything to the contrary contained herein, Landlord hereby acknowledges and agrees
that Tenant shall have no obligation to pay and shall not pay to Landlord any Collocation Fee in
connection with: (i) any subleases, licenses, or other collocation agreements between Tenant (or
American Tower), or Tenant’s (or American Tower's) predecessors-in-interest, as applicable, and
American Tower or any third parties, or such third parties’ predecessors or successors-in-interest, as
applicable, entered into prior to the Effective Date (any such agreements, the “Existing Agreements”);
(ii) any amendments, modifications, extensions, renewals, and/or restatements to and/or of the
Existing Agreements entered into prior to the Effective Date or which may be entered into on or after
the Effective Date; (iii) any subleases, licenses, or other collocation agreements entered into by and
between Tenant (or American Tower) and any Additional Collocators for public emergency and/or
safety system purposes that are required or ordered by any governmental authority having jurisdiction
at or over the Leased Premises; or (iv) any subleases, licenses or other collocation agreements entered
into by and between Tenant (or American Tower) and any Additional Collocators if the Landlord has
entered into any agreements with such Additional Collocators to accommodate such Additional
Collocators’ facilities outside of the Leased Premises and such Additional Collocators pay any amounts
(whether characterized as rent, additional rent, use, occupancy or other types of fees, or any other
types of monetary consideration) to Landlord for such use.
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 to sublease to American Tower, Landlord’s execution of this Amendment is and shall be
considered consent to and approval of such sublease. Landlord hereby acknowledges and agrees that
Tenant shall not need consent or approval from, or to provide notice to, Landlord for installing, modifying,
repairing, or replacing improvements within the Leased Premises. Tenant shall provide prior written notice
to Landlord for any subleasing or licensing to additional customers 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. The terms, provisions, and conditions of this Section shall survive the
execution and delivery of this Amendment.
Termination. The Parties agree that Section 11 of the Lease is hereby amended to include the following
paragraph: “Landlord has the right to terminate the Lease upon any of the following events: (i) if Tenant is
in default of the terms of the Lease and the default has not been cured under Section 25 of the Lease; or
(ii) upon two (2) years prior written notice to Tenant at any time following the end of the first New
Renewal Term if Landlord determines that the Leased Premises are required to be used for another
municipal purpose in Landlord’s reasonable discretion and there are no reasonable alternative locations
for such use in Landlord’s sole discretion.
Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent
applicable, Landlord is duly organized, validly existing, and in good standing 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 Amdnement,
and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the
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authority to enter into and deliver this Amendment on behalf of Landlord; and (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.
Notices. 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 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: 1350 E KEATING, MUSKEGON, MI 49442; 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.
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.
10. Governing Law. Parties acknowledge and agree that Section 19 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 of Michigan..
11. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Landlord or Tenant
be liable to the other for, and Landlord and Tenant hereby waive, to the fullest extent permitted under
applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss
of use or loss of business opportunity), punitive, exemplary and similar damages.
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
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
written request of the same by Tenant, American Tower or Holder.
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Site Name: Mona Lake MI-702 MI
13. 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: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 MI
LANDLORD:
City of Muskegon,
a Michigan municipal corporation,
Signature: Nlor—Cpsy
PrintName:_ fen doAnser
Title: ALA OL
Date: l{ — Xe ~IOoY
signature SX ~ Odes DOr S
PrintNante: fon Maric. Jersch
Title: City Clerk
Date:
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 Mi
TENANT:
Muskegon Cellular Partnership d/b/a Verizon Wireless
By: ATC Sequoia LLC, a Delaware limited liability company
Title: Attorney-in-Fact
Signature:
Print Name:
Title:
Date:
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 Mi
EXHIBIT A
This ExhibitA may be replaced at Tenant’s option as described below.
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:
Being situated in the County of Muskegon, State of MI, and being known as
Muskegon County APN: 24-133-400-0013-00.
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 customers) existing improvements on the
Parent Parcel; or (iii) the legal description or depiction below (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 customers) for ingress, egress and utility purposes from the Leased
Premises to and from a public right of way including but not limited to:
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EXHIBIT B
FORM OF MEMORANDUM OF LEASE
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Site Name: Mona Lake MI-702 MI
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Neghia Trinh, Esq. Prior Recorded Lease Reference:
ATC Site No: 412769
ATC Site Name: Mona Lake M!-702 Mi State of Michigan
Assessor’s Parcel No(s): 24-133-400-0013-00 County of Muskegon
MEMORANDUM OF LEASE
This Memorandum of Lease (the “Memorandum”) is entered into as of the latter signature date hereof, by
and between City of Muskegon, a Michigan municipal corporation(“Landlord”) and Muskegon Cellular
Partnership d/b/a Verizon Wireless (“Tenant”).
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving
notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded,
then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A
attached hereto and by this reference made a part hereof (the “Parent Parcel’). Landlord (or its
predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Land Lease
Agreement dated November 9, 2006 (as the same may have been amended from time to time, 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 is also described on Exhibit A.
American Tower. 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. In connection with these
responsibilities, Tenant has also 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.
3, Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise
by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be
November 30, 2061. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any
option to renew the term of the Lease.
Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the
original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared
and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on
Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant’s
request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such
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replacement, including, without limitation, amendments to this Memorandum and to the Lease.
Right of First Refusal. There is a right of first refusal in the Lease.
Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and
conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease,
the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of
Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This
right shall terminate upon recording of this Memorandum.
Notices. 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: 1350 E KEATING, MUSKEGON, MI 49442; 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
hereto, by thirty (30) days prior written notice to the other 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.
8. Counterparts. This Memorandum may be executed in multiple 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.
Governing Law. This Memorandum 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.
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ATC Site No: 412769
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Site Name: Mona Lake MI-702 MI
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year
set forth below.
LANDLORD ) 2 WITNESSES
City of Muskegon,
a Michigan municipal corporation, /), .
Y, \d Signature: ALM Jucenaw
Signature: A EY AN print Name: J , Jessie orensn
Print Name: ‘ Kev l JoAn.s Of?
Title: Z7IGMN OL. Signature: Zndla A tite
Date: G- So / AeaY PrintName: Jada Sorter
WITNESS AND ACKNOWLEDGEMENT
State/Commonwealth of LL) chee GL)
County of M/s sKeg 2/2
On this 30” day of Ager / F 202 ¥, before me, the undersigned Notary Public,
personally appeared Ke a TJoANSOL , who proved to me on the basis
of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
J cset adeno
Nétary Public ¥
Print Names Jessi CA. i Oreryjoon
My commission expires:( lun eO0% 2027 [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 MI
TENANT WITNESS
Muskegon Cellular Partnership d/b/a Verizon
Wireless
By: ATC Sequoia LLC, Signature:
a Delaware limited liability company Print Name:
Title: Attorney-in-Fact a
Signature: , VA Print Name:
Print Name: ___arol Miaxime f
Fy
Title: ta Gauncal US Tower
5] ce/e2y
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this ao) day of May “ F 202.1, before,me, the undersigned NotaryonPublic,
personally appeared (0 Ol Mokime.. Sv CONse | _, who proved to me the basis
) whose name(s)
of satisfactory evidence, to be the person(s is/are subscribed to the within instrument atid
acknowledged to me that he/she/they executed the same in his/her/their authori zed capacity(ies), and that
by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted,
executed the instrument.
Renala F. Santo
, - NOTARY PUBLIC
5) Commonwealth of Massachusetts:
WIENESS thy hand and offi
f pMSomnmsson Expires
ia
une 2,
Z\\MMN ‘on CO .
,
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(Ap (' alo f, Qaiite
aneion expires:
paintcommiss {SEAL]
My
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 Mi
EXHIBIT A
This ExhibitA may be replaced at Tenant’s option as described below.
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:
Being situated in the County of Muskegon, State of Michigan:
ast Quarter of Section 34, Town 10 North,of Range 18 West, Muskegon -
Alf that part Of the East Haif of the Southe
n, which lies Southerly of the Souther ly right way line of the Pennsylvania
Township, Muskegon County, Michiga 33, which Is North 89
Railroad, and Westerly of a line described as: Beginni ng at a point on the South line of said ofSection ;
West, a distance of 193,97 feet fromfeettheto the point of curvature ofa 22,79333).3 thence
flegrees 52 minutes 04 seconds second Southe ast corer sald Section
foot radius
North 0 degrees 07 minutes 56 alongs East, a distanc e of 626.58 s
curve to the left; thence Northerly the ate of said curve (chord pearing North 0 degrees 28 minutes 15.33 second
seconds
West}, a distance of 479.89 feet to the point of tangenc y of said curve; thence North 1 degree 04 minutes 76.66
North 48 dedrees West, a distanc e of 180 feet; thence North 21 todegree s 04
West, a distance of 354.01 feet; thence toa point on the arc of a 34,547, 5 foot radius curve the right
minutes 37 seconds East, a distance of 173.92 feet seconds West}; thenceingNorther ly along the are of said curve 500 feat to
degreas 13 minutesof20.66
(chord bearirig Northand0 lying a Jine desctibed as: Beginn feet of said Section 33;
at a point on the Eastasttinecorner
a point of anding : Northeasterly the Southe of said Section
which is Morth 1 degree 09 minutes 32 secoritis Gast, a distance of 695.95 from feetto the point of curvature ofa
33; thence North 49 degrees 40 minute s 04 seconds West, a distance of 221,20 (chord bearing North 44 degrees
1960.08 foot redius curve to the right; thence Northwesterly alang the are of said curve
07 minutes 54 seconds East, a
16 reirutes 05 seconds West), a distance of 545.32 feat; foot thence North 57 degrees
on the arc of
distance of 25.00 feet to a point North a 1835.08 radius curve to the right, thence Northwesterly along the of
dacrees 40 minutes O5 second
arc of said curve {chord bearingNorth 1825degree s West}, a distanc e of 461,17 feet to the point
tangency of said curve; 56thence s 28 ruinutes 04 second s West, a distanc e of 519.98 feet; thence South
31 minutes seconds West, a distanc e of 25.00 feet; thence North 18 degrees 28 minutes 04 seconds West,
Fi degrees : and lying North of Little Black Creek.
a distance of 300 feet ta 2 point of ending
EXCEPT A strip of land 100 feet in width lying Southerly of and along and adjoining the Southerly line of the33.Pannsylvania
Rallroad right of way across all that part of the Northeast Quarter of the Southeast Quarter of said Section
Being known as Muskegon County APN: 61-24-133-400-0013-00
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 MI
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 shail include
the land
access and utilities easernents. The square footage of the Leased Premises shall be the greater of: (i) on
area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant’s customers ) existing improvem ents the
Parent Parcel; or (iii) the legal description or depiction below (if any).
of
Commendng at the Southeast comer of Section 33, TION, RIGW, City feet; thence
Muskegon, Muskegon County, Michigan; thence N 01°09'32" E 565.95 are of a non-
N49°40'04" W a distance of 221.20 feet, thence 545.92 fest along the
fangeni curve to the night, radius of 1860.08 feet. central angle of 16°47'51" and
chord bearing N 41°1@°05" W 543.37 feet: thence N 5770754 E 25.00 feet; lhence
461.17 feet along the arc of a norn-tangent curve te the right, radius of 1825.08 feet,
central angle of 147°22°56" and chord bedring N 25°40'0S' W 455,56 feet thence N
42°28'04" W 45.15 feet thence N 71°31'56" E 3.82 feet toa POINT OF
BEGINNNING:
thence N 20°22'26" W 55.81 feat
thence N O7°17°37" E 83.41 feet:
thence 8 71°19'28" E 95.00 feet,
thence S 18°46°35" W 90,00 feat,
thence § 69°37°34" IW 46.64 faet to the POINT OF BEGINNING:
being @ pat of the S.E. 1/4 of said Section 33, TION, PBW), City of
Muskegon, Muskegon Caunty, Michigan; cantaining §.SB7 sq. fl; and
subjent to easements and restrictions of recard, if ary:
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 Ml
EXHIBIT A (Continued)
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 customers) for ingress, egress and utility purposes from the Leased
Premises to and from a public right of way including but not limited to:
Together with 2 20 foot wide exsemnent for Ingress, egress and public ublities, ihe
tanteriine of said easement is described as follows: ,
Commencing at ihe Southeast comer of Section 33, TION, RIGW, City of
Muskegon, Muskegon County, Michigan: thence N 01°G9"32" E 695.95 feet, thence
N 49°40'04" W a distance of 221.20 feet ihence $45.22 feel along the are of a Ron-
langen! curve to the fight, radius of 1860.08 feet, central angle of 16°47°51" and
chord bearing NM 41°16'05" W 843.37 feet thente N 57°07'54" E 25.00 feet: thence
461.17 feat along the arc of a non-tangent curve fo the right, radlus of 1835.08 feet,
caniral angle of 14°23°56" and chord bearing N 25°40'0S" W 459.96 feet thence N
18°08'nd" W 43,15 feet: thence N 74°S1’5" & 3.82 feet thence NO69°3734" E
55.63 feet thence N 18°46'35° & 58.00 feat ta a POINT OF BEGINNNING:
thence & 71°1726" & 59.64 feet,
thence S 56°28'58" £ 102.04 feat;
thence N 87°47'29" E 175, 17 Feet;
thence 77.01 feet along the arc of a curve to the left, radius 50.06 feet,
central angle of 8871433", and chord bearing N 43°40°12" E 68.62 feet
thence N 00°27'04" W 113.67 feet;
thence N OG°17'14" Wi 219.82 feet
thence N 17°Sa'12" E 225.89 feet,
thence N 00°38’58" E 360.95 feet to the east & west 1/4 line of said Section
33 and the POINT OF ENDING: being a part of the 5.E. 1/4 of said
Section 33, T10N, RIBW, City of Muskegon, Muskegon County,
Michigan; except any part taken, deaced or used for public road
purposes and subject to easements and restrictions of record, if any-
ATC Site No: 412769
VZW Site No: 139757
Site Name: Mona Lake MI-702 MI
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