HomeMy WebLinkAboutAGMT - Verizon Wireless (Air Touch) (First and Second Amendment to Easement Agreement) (California Tower Inc) THE SECOND AMENDMENT TO EASEMENT AGREEMENT
This Second Amendment to Easement Agreement(this"Amendment") is made effective as of the latter
signature date hereof(the "Effective Date") by and between City of Seal Beach ("City") and Los Angeles
SMSA Limited Partnership d/b/a Verizon Wireless("Airtouch") (City and Airtouch being collectively referred
to herein as the "Parties").
RECITALS
WHEREAS, City owns the real property described on Exhibit A attached hereto and by this reference made a
part hereof(the "Parent Parcel"); and
WHEREAS, City(or its predecessor-in-interest) and Airtouch (or its predecessor-in-interest)entered into that
certain Easement Agreement dated August 3, 1995 ("Original Agreement"), as amended by that certain First
Amendment to Easement Agreement dated December 12, 2017 ("First Amendment") (the Original
Agreement and the First Amendment, collectively,the"Agreement"), pursuant to which the Airtouch 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 Agreement(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,Airtouch and/or its parent, affiliates, subsidiaries and other parties identified therein, entered into
a sublease agreement with California Tower, Inc., a Delaware corporation and/or its parents, affiliates and
subsidiaries("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,Airtouch 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 Airtouch, all as
more particularly set forth in the POA; and
WHEREAS, City and Airtouch desire to amend the terms of the Agreement to extend the term thereof and to
otherwise modify the Agreement as expressly providec 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.American Tower, on behalf of Airtouch, shall pay to City a one-time payment in the
amount of Fifty Thousand and No/100 Dollars($50,000.00) (the "One-Time Payment"), payable within
thirty(30)days of the Effective Date and subject to the following conditions precedent: (a)Airtouch's
receipt of this Amendment executed by City, on or before July 30, 2024; (b)Airtouch's receipt of any
documents and other items reasonably requested by Airtouch in order to effectuate the payment
contemplated herein; and (c) receipt by Airtouch of an original Memorandum (as defined herein)
executed by City.
2. Agreement Term Extended.
a. Notwithstanding anything to the contrary contained in the Agreement,the Parties agree
that the Agreement, without giving effect to this Amendment and assuming the exercise by
Airtouch of all remaining renewal terms in the Agreement, has a final expiration date of
August 31, 2035 (the "Current Expiration Date"). Airtouch shall have the option to extend
the Agreement for each of eight (8) additional five (5)year renewal terms (each a "New
Renewal Term" and, collectively,the "New Renewal Terms").The first New Renewal Term
shall commence on the day immediately following the Current Expiration Date, and all
existing renewal terms and New Renewal Terms shall automatically renew unless Airtouch
ATC Site No: 300772
PV Code 425/VzW Contract No: 35018
Site Name:Old Ranch
notifies City that Airtouch elects not to renew the Agreement not less than ninety(90) days
prior to the expiration of the then current term.
b. The City hereby agrees to execute and return to Airtouch an original Memorandum of
Easement Agreement in the form and of the substance attached hereto as Exhibit B and by
this reference made a part hereof(the "Memorandum") executed by City,together with any
applicable forms needed to record the Memorandum, which forms shall be supplied by
Airtouch to City.
3. Holdover. Should this Agreement still be in effect at the conclusion of the New Renewal Terms provided
for herein,this Agreement shall continue in force upon the same terms and conditions except that the
Rent payable during such extension shall be one hundred twenty five percent(125%) of the Rent due
during the►ast year of the last New Renewal Term available under this Agreement,for a further period of
three(3) months and for like periods thereafter, until and unless terminated by either party by giving to
the other written notice of its intention to so terminate at least ninety(90)days before the end of such
additional period.
4. Rent and Escalation.
a. Commencing on September 1, 2024,the rent payable from Airtouch to City under the
Agreement, is hereby increased to Thirty-Nine Thousand Six Hundred and No/100 Dollars
($39,600.00) per year(the "Rent"). Notwithstanding the foregoing, City hereby
acknowledges and agrees that such increase may not be reflected in rental payments to City
until ninety(90) days after the Effective Date.
b. Commencing on September 1, 2025 and on each successive annual anniversary thereof,
Rent due under the Agreement, as amended herein,shall increase by an amount equal to
three percent(3%) of the then current Rent.
c. Notwithstanding anything to the contrary contained in the Agreement, all Rent and any
other payments expressly required to be paid by Airtouch to City under the Agreement and
this Amendment shall be paid to City of Seal Beach At any time during the Agreement,the
City may authorize Rent to be paid to such alternative payees or addresses as the City may
choose, upon providing Airtouch thirty(30) days prior written notice and Airtouch's receipt
of any items reasonably requested by Airtouch in order to effectuate the requested change,
including, without limitation, an Internal Revenue Service W-9 form (Request for Taxpayer
Identification and Certification).
d. The City hereby agrees the Rent,the One-Time Payment and the Collocation Fee (as defined
in Section 3 of the First Amendment) described in this Amendment is the only consideration
owed to City from Airtouch and/or American Tower pursuant to the Agreement, as
amended, or any other agreements between City and Airtouch, or City and American Tower,
as the case may be.
5. Notices.
a. The Parties acknowledge and agree that Section 27 of the Original Agreement and Section 6
of the First Amendment are hereby deleted in their entirety and are of no further force and
effect.
b. From and after the Effective Date the notice address and requirements of the Agreement, 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:
ATC Site No:300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
To City at:
City of Seal Beach
City Manager's Office
211 Eighth Street
Seal Beach, CA 90740
with a copy to:
City of Seal Beach
City Attorney's Office—LEGAL NOTICE
211 Eighth Street
Seal Beach, CA 90740
To Airtouch at:
Verizon Wireless,
Attn.: Network Real Estate
180 Washington Valley Road
Bedminster, NJ 07921
with a copy to:
American Tower
Attn.: Land Management
10 Presidential Way
Woburn, MA 01801;
and also with a copy to:
American Tower
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 addressees and/or addresses
from those set forth above.
Copies of notices to a party's legal counsel are a required administrative step but do not
constitute actual notice to the party.
Notices are effective upon actual receipt.Actual 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.
6. 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 using a nationally-recognized signing service such as DocuSign. 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
ATC Site No: 300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
execution and delivery of the Amendment by all Parties to the same extent as an original signature. For
the avoidance of doubt,the Memorandum shall not be executed using electronic means.
7. No Third Party Beneficiaries. Except as may be expressly provided for in the Agreement, no third party
beneficiaries are anticipated or created by the Agreement as amended.
8. Conflict/Capitalized Terms.
a. 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 Agreement,the terms and
provisions of this Amendment shall control.
b. 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
Agreement.
c. 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 Agreement,the meaning,
definition, or usage of any such capitalized terms in this Amendment shall control.
ATC Site No:300772
PV Code 425/VzW Contract No: 35018
Site Name:Old Ranch
CITY:
City of Seal Beach
By: V
Schelly Sustarsic,M
ATTEST
B •
Gloria D. Harper, City Clerk
APPROVE O .
By:
Nicholas Ghirelli, Esq., City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No:300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
AIRTOUCH:
Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless
By: California Tower, Inc., a Delaware corporation
Title: Attorney-in-Fact
Signature
Print Name: earn( Maxime
Title: Senier- ns ,U-S-TQWer
Date:
Joinder and Acknowledgement
The undersigned, by its signature below,does hereby acknowledge and agree to pay to City the "One-Time
Payment" described in Section 1 above, as well as the Collocation Fee as defined in Section 3 of the First
Amendment, provided all requirements in this Amendment have been satisfied. The undersigned
additionally acknowledges and agrees that adequate consideration has been received for such payment(s).
California Tower, Inc.,
a Delaware corporation
M4041.— 1//aAidifie,
Signature:
Print Name: Carl �dxtlre
Title: Senior Counsel, US TOWER"—
Date: 13//l.OZ L/
ATC Site No: 300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
EXHIBIT A
PARENT PARCEL
Airtouch shall have the right to replace this description, with the City's prior written consent, which consent
shall not be unreasonably withheld, conditioned or delayed, with a description obtained from City's deed(or
deeds)that include the land area encompassed by the Agreement.
The Parent Parcel consists of the entire legal taxable lot owned by City as described in a deed (or deeds)to
City of which the Leased Premises is a part thereof with such Parent Parcel being described below:
That certain Iand located in the City of Seal Beach,County of Orange, State of California, being
an undivided portion of Sections 31 and 32,Township 4 South,Range l I West, San Bernardino
Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of
Deeds,in the Office of the County Recorder of said county,described as follows:
Beginning at the intersection of the northerly line of Parcel 1 of the land described in the deed to
the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records
with the southeasterly line ofLanipson Avenue 80.00 feet wide, as described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point
being the beginning of a curve in said southeasterly line,concave northwesterly having a radius
of 1040.00 feet, a radial to said point bears S 00°11'56" W; thence northeasterly 930.35 feet
along said curve through a central angle of 51°15'17"; thence N 38°56'39"E 145.00 feet along
said southeasterly line to the westerly corner of Parcel 3 of the land described in Book 7594,
Page 609 of Official Records; thence N 89°08'14"E 39.05 feet along the southerly line of said
Parcel 3 to the southwesterly line on Parcel 2 described in said deed: thence S 51°03'21"E
89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having
a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle
of 37°38'25" to a point to which a radial bears S 01°1 8'14" W. said point being the beginning of
a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach
recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave
southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said'curve
through a central angle of88°53'42'; thence S 00'11'56" W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly
21.49 feet along said curve through a central angle of 30°47'03" to the beginning of a reverse
curve concave easterly having a radius of 70.00 feet;thence southerly 109.69 feet along said
curve through a central angle of 89°47'00" to said northerly line of the land of the State of
California; thence N 89'48'04" W along said northerly line to the point of beginning.
Being Orange County,CA Parcel Numbers 217-361-03 and 217-361-01.
ATC Site No:300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
EXHIBIT A(continued)
LEASED PREMISES
Airtouch shall have the right to replace this description with the City's prior written consent, which consent
shall not be unreasonably withheld, conditioned or delayed, with a description obtained from the Agreement
or from a description obtained from an as-built survey conducted by Airtouch.
The Leased Premises consists of that portion of the Parent Parcel as defined in the Agreement which shall
include access and utilities easements.The square footage of the Leased Premises is exactly 1,400 square
feet.
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel
currently utilized by Airtouch (and Airtouch's customers)for ingress, egress and utility purposes from the
Leased Premises to and from a public right of way.
ATC Site No: 300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
EXHIBIT B
FORM OF MEMORANDUM OF EASEMENT
AGREEMENT
ATC Site No:300772
PV Code 425/VzW Contract No: 35018
Site Name:Old Ranch
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801 Prior Recorded Reference:
Attn: Land Management/Emily Lacy, Esq. Document No:95-0392725
ATC Site No: Old Ranch State of California
ATC Site Name: 300772 County of Orange
Assessor's Parcel No(s): 217-361-03 and 217-361-01
MEMORANDUM OF EASEMENT AGREEMENT
This Memorandum of Easement Agreement(the "Memorandum") is entered into as of the latter signature
date hereof, by and between City of Seal Beach ("City") and Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless ("Airtouch").
NOTICE is hereby given of the Agreement(as defined and described below)for the purpose of recording and
giving notice of the existence of said Agreement.To the extent that notice of such Agreement has previously
been recorded,then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
1. Parent Parcel and Agreement. City 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"). City(or its predecessor-
in-interest) and Airtouch (or its predecessor-in-interest) entered into that certain Easement Agreement
dated August 3, 1995 (as the same may have been amended from time to time, collectively,the
"Agreement"), pursuant to which the Airtouch 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 Agreement
(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.
2. American Tower.Airtouch and/or its parent, affiliates, subsidiaries and other parties identified therein,
entered into a sublease agreement with California Tower, Inc., a Delaware corporation and/or its
parents, affiliates and subsidiaries("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,Airtouch 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 Airtouch, all as more particularly set forth in the POA.
3. Expiration Date. Subject to the terms, provisions, and conditions of the Agreement, and assuming the
exercise by Airtouch of all renewal options contained in the Agreement,the final expiration date of the
Agreement would be August 31, 2075. Notwithstanding the foregoing, in no event shall Airtouch be
required to exercise any option to renew the term of the Agreement.
ATC Site No:300772
PV Code 425/VzW Contract No: 35018
Site Name:Old Ranch
4. Effect/Miscellaneous.This Memorandum is not a complete summary of the terms, provisions and
conditions contained in the Agreement. In the event of a conflict between this Memorandum and the
Agreement,the Agreement shall control. City hereby grants the right to Airtouch to complete and
execute on behalf of City any government or transfer tax forms necessary for the recording of this
Memorandum.This right shall terminate upon recording of this Memorandum.
5. 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 City at: City of Seal Beach, City Manager's Office, 211
Eighth Street, Seal Beach, CA 90740;with copy to: City of Seal Beach, City Attorney's Office—Attentional
Legal Notice, 211 Eighth Street, Seal Beach, CA 90740;to Airtouch 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 addressees
and/or addresses from those set forth above. Actual 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. Copies of notices to a party's legal counsel are a
required administrative step but do not constitute actual notice to the party. Notices are effective upon
actual receipt.
6. 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.
7. Governing Law.This Memorandum shall be governed by and construed in all respects in accordance with
the laws of the State of California without regard to the conflicts of laws provisions of such State or
Commonwealth.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No: 300772
PV Code 425/VzW Contract No: 35018
Site Name:Old Ranch
IN WITNESS WHEREOF, City and Airtouch have each executed this Memorandum as of the day and year set
forth below.
CITY
City of Seal Beach
Signature: v
Print Name: C� lc—)
Title: I
Date: a cR..Cia L--/
ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of CalifoDO.Te--
nia
County of
On01 . AkbH 20#before me, /��V, , Notary Public, personally •
(print name of no ary)
appeared RAJ( cdiebA3C. ,who proved to me on the basis of
satisfactory evidence to a 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 behalf of which the
person(s) 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.
GLORIA D.HARPER
WIT
(,4j
m :nd and officil seal. _ COMM.�2sa22s
itnatur-f officer [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
ATC Site No: 300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
AIRTOUCH WITNESS
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless
By: California Tower,Inc., Signature:
a Delaware corporation ( Print Name:
Title: Attorney-' -Fact
Signature:
Signature: LiaPrint Name:
Print Name: Carol Maximo
Title: Senior Counsel, US Tower
Date:
7-13 y ZL2l/
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this-3l day of 'Tv 1--) , 202 y before me,the undersigned Notary Public,
personally appeared Caro) Mo.k ivv,e, Sr-Ccun sci US Town_✓ ,who proved to me on the basis
of satisfactory evidence,to be the persons)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.
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. .....
DILL M. WILMOT
't Notary Public
�` '' Commonwealth of Massachusetts
Not y Public C My CommIsslon Expires May 18,2029
Pr/Name: UJI 1) 1 ►1 W1+)'VIOC- .�....
My commission expires: 5 - Es-a-C'3 9 [SEAL]
ATC Site No: 300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
EXHIBIT A
PARENT PARCEL
Airtouch shall have the right to replace this description, with the City's prior written consent, which consent
shall not be unreasonably withheld, conditioned or delayed, with a description obtained from City's deed(or
deeds) that include the land area encompassed by the Agreement.
The Parent Parcel consists of the entire legal taxable lot owned by City as described in a deed (or deeds)to
City of which the Leased Premises is a part thereof with such Parent Parcel being described below:
That certain land located in the City of Seal Beach, County of Orange, State of California, being
an undivided portion of Sections 3 J and 32,Township 4 South, Range 11 West, San Bernardino
Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of
Deeds,in the Office of the County Recorder of said county,described as follows:
Beginning at the intersection of the northerly line of Parcel i of the land described in the deed to
the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records
with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point
being the beginning of a curve in said southeasterly line,concave northwesterly having a radius
of 1040.00 feet, a radial to said point bears S 00°11'56" W; thence northeasterly 930.35 feet
along said curve through a central angle of 51°15'17°; thence N 38°56'39"E 145.00 feet along
said southeasterly line to the westerly corner of Parcel 3 of the land described in Book 7594,
Page 609 of Official Records; thence N 89°08'14"E 39.05 feet along the southerly line of said
Parcel 3 to the southwesterly line on Parcel 2 described in said deed: thence S 51°03'21"E
89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having
a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle
of 37'38'25" to a point to which a radial bears S 01°18'14" W, said point being the beginning of
a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach
recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave
southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve
through a central angle of 88°53'42'; thence S 00°11'56" W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly
21.49 feet along said curve through a central angle of 30°47'03" to the beginning of a reverse
curve concave easterly having a radius of 70.00 feet;thence southerly 109.69 feet along said
curve through a central angle of 89°47'00" to said northerly line of the land of the State of
California; thence N 89°48'04"W along said northerly line to the point of beginning.
Being Orange County,CA Parcel Numbers 217-361-03 and 217-361-01.
ATC Site No:300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
EXHIBIT A(continued)
LEASED PREMISES
Airtouch shall have the right to replace this description with the City's prior written consent, which consent
shall not be unreasonably withheld, conditioned or delayed, with a description obtained from the Agreement
or from a description obtained from an as-built survey conducted by Airtouch.
The Leased Premises consists of that portion of the Parent Parcel as defined in the Agreement which shall
include access and utilities easements.The square footage of the Leased Premises is exactly 1,400 square
feet.
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel
currently utilized by Airtouch (and Airtouch's customers)for ingress, egress and utility purposes from the
Leased Premises to and from a public right of way.
ATC Site No:300772
PV Code 425/VzW Contract No:35018
Site Name:Old Ranch
FIRST AMENDMENT TO EASEMENT AGREEMENT
This First Amendment to Easement Agreement (the "Amendment ") is made effective as of the
latter signature date hereof (the "Effective Date ") by and between the City of Seal Beach ( "City") and Los
Angeles SMSA Limited Partnership, dba Verizon Wireless ('AirTouch"), (City and AirTouch being
collectively referred to herein as the "Parties ") with reference to the facts set forth in the Recitals below:
RECITALS
A. City is the holder of an easement in that certain real property located at 3900 Lampson
Avenue, Seal Beach, California described on Exhibit A attached hereto and by this reference made a part
hereof (the "Property"), which Property is legally described in the Agreement (defined below).
B. City (as successor -in- interest to Bixby Ranch Company, a California limited partnership)
and AirTouch are parties to that certain Easement Agreement dated August 3, 1995 (the `Agreement').
Pursuant to the Agreement, AirTouch was granted an easement over a portion; for the operation of a
communications facility (the "Leased Premises ") and for access and public utilities (the "Facility
Easement'), which is also described on Exhibit A. The Agreement expired on August 31, 2015.
C. WHEREAS, AirTouch and/or its parent, affiliates, subsidiaries and other parties
identified therein, entered into a sublease agreement with California Tower, Inc., a Delaware
corporation and/or its parents, affiliates and subsidiaries ( "American Tower "), pursuant to which
American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as
more particularly described therein; and
D. WHEREAS, AirTouch 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 AirTouch, all as more particularly set forth in the POA; and
E. WHEREAS, City and AirTouch have agreed to amend the Agreement to: (i) extend the
term of the Agreement; (ii ) modify the annual easement fee escalation provision; and (iii) modify certain
other provisions of the Agreement, as provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual
covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Extension Terms. Effective as of September 1, 2015, City and AirTouch hereby agree to
extend the Agreement for four (4) additional extension terms of five (5) years each, unless AirTouch
terminates by giving City written notice of the intent to terminate at least sixty (60) days prior to the end of
the then current term. The City hereby agrees to execute and return to AirTouch 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 City, together with any applicable forms needed to record the
Memorandum, which forms shall be supplied by AirTouch to City.
2. Annual Easement Fee Escalation. Effective as of September 1, 2017, the easement fee
payable from AirTouch to City under the Agreement is hereby increased to Thirty Thousand and No /100
Dollars ($30,000.00) per year (the "Easement Fee "). The Parties agree that within a reasonable period of
time following the Effective Date, Airtouch shall pay to City a pro -rated payment representing the amount
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owed from September 1, 2017 through the Effective Date as a result of the increase to the Easement Fee
described in the preceding sentence. Notwithstanding the foregoing, City hereby acknowledges and
agrees that such increase may not be reflected in rental payments to City until ninety (90) days after the
Effective Date. Commencing on September 1, 2018 and on each successive annual anniversary thereof,
Easement Fee due under the Agreement shall increase by an amount equal to three percent (3 %) of the
then current Easement Fee. Notwithstanding anything to the contrary contained in the Agreement, all
Easement Fee and any other payments expressly required to be paid by AirTouch to City under the
Agreement and this Amendment shall be paid to City of Seal Beach. The Landlord hereby agrees the
Easement Fee and the Collocation Fee (as defined below) described in this Amendment is the only
consideration owed to City from AirTouch and/or American Tower pursuant to the Agreement, as
amended, or any other agreements between City and AirTouch, or City and American Tower, as the case
may be. The escalations in this Section shall be the only escalations to the Easement Fee and any /all
escalations otherwise contained in the Agreement are hereby null and void and of no further force and
effect.
3. Revenue Share.
a. Subject to the other applicable terms, provisions, and conditions of this Section,
AirTouch shall pay Landlord twenty percent (20 %) of any rents actually received by
AuTouch or American Tower under and pursuant to the terms and provisions of any new
sublease, license or other collocation agreement for the use of any portion of the Leased
Premises entered into by and between AirTouch (or American Tower) and a third party
(any such third party, the "Additional Collocator ") subsequent to the Effective Date (any
such amounts, the "Collocation Fee "). Notwithstanding the foregoing, City shall not be
entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse
AirTouch (or American Tower), in whole or in part, for any improvements to the Leased
Premises or any structural enhancements to the tower located on the Leased Premises
(such tower, the "Tower "), or for costs, expenses, fees, or other charges incurred or
associated with the development, operation, repair, or maintenance of the Leased
Premises or the Tower. The Collocation Fee shall not be subject to the escalations to
Rent, if any, as delineated in this Amendment and/or the Lease. To the extent the amount
of rents actually received by AirTouch (or American Tower) from an Additional
Collocator escalate or otherwise increase pursuant to those agreements, the Collocation
Fee shall be based on such increased amount.
b. The initial payment of the Collocation Fee shall be due within thirty (30) days of actual
receipt by AirTouch (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, AirTouch'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, AirTouch shall have no
obligation to pay to City and City hereby agrees not to demand or request that AirTouch
pay to City any Collocation Fee in connection with the sublease to or transfer of
AirTouch's obligations and/or rights under the Lease, as modified by this Amendment, to
any subsidiary, parent or affiliate of AirTouch or American Tower.
c. City hereby acknowledges and agrees that AirTouch 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, all on such terms as AirTouch and/or American Tower deem advisable, in
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AirTouch's and/or American Tower's sole and absolute discretion, notwithstanding that
the same may affect the amounts payable to the City pursuant to this Section.
d. Notwithstanding anything to the contrary contained herein, City hereby acknowledges
and agrees that AirTouch shall have no obligation to pay and shall not pay to City any
Collocation Fee in connection with: (i) any subleases, licenses, or other collocation
agreements between AirTouch (or American Tower), or AirTouch'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 AirTouch (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 AirTouch (or American Tower) and any Additional Collocators if
the City 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 City for such use.
4. Assignment and Subletting by AirTouch. Section 24 of the Agreement is hereby
deleted in its entirety. The Agreement may be sold, assigned or transferred by AirTouch without any
approval or consent of City to AirTouch's principal, affiliates, subsidiaries of its principal or to any entity
which acquires all or substantially all of AirTouch's assets in the market defined by the Federal
Communications Commission in which the City's Property is located by reason of a merger, acquisition
or other business reorganization. As to other parties, the Agreement may not be sold, assigned or
transferred without the written consent of City, which such consent will not be unreasonably withheld,
delayed or conditioned. No change of stock ownership, partnership interest or control of AirTouch or
transfer upon partnership or corporate dissolution of AirTouch shall constitute an assignment hereunder.
AirTouch may sublet the Facility Easement Property within its sole discretion, upon notice to City. Any
sublease that is entered into by AirTouch shall be subject to the provisions of the Agreement and shall be
binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto.
5. Limitation of Liability. Except for indemnification pursuant to Sections 18 and 19 of the
Agreement, neither City nor AirTouch shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or services,
incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use
of service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
6. Notices. The Notice Addresses set forth in Section 27 of the Agreement are hereby
deleted and replaced with the following:
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AfRTOUCH: Los Angeles SMSA Limited Partnership
d/bla Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attn: Network Real Estate
(Site Name: Old Ranch)
CITY: City of Seal Beach
211 8ih Street
Seal Beach, California 90740
7. Continued Effect. Except as specifically modified by this Amendment, all of the terms
and conditions of the Agreement shall remain in full force and effect and are hereby ratified and affirmed.
The parties hereby agree that no defaults exist under the Agreement. In the event of a conflict between
any term or provision of the Agreement and this Amendment, the terms and provisions of this
Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially
capitalized terms will have the same respective defined meaning stated in the Lease. All captions are for
reference purposes only and shall not be used in the construction or interpretation of this Amendment.
8. Indemnification. The Parties hereby acknowledge and agree Section 19 of the
Agreement is hereby deleted in its entirety:
An Touch shall and hereby does indemnify and hold City, its officers, agents and employees harmless
from all demands, claims, actions, causes of action, assessments, expenses, costs, damages, losses, and
liabilities (including reasonable attorney's fees and costs) actually incurred, asserted, and/or suffered
(collectively, the "Losses "), whether to persons or property, arising directly from AirTouch's use of the
Leased Premises and the use of the Leased Premises by AirTouch's employees, agents, contractors,
guests, licensees, or invitees; provided, in all events, the aforementioned indemnification shall not apply if
and to the extent that the Losses relate to, or arise as the result of, the negligence, gross negligence, or
willful misconduct of City or any of City's employees, agents, contractors, and/or invitees. City shall and
hereby does indemnify and hold AirTouch harmless from all Losses, whether to persons or property,
arising directly from City's use of the Property and the use of the Property by City's employees, agents,
contractors, guests, licensees, or invitees; provided, in all events, the aforementioned indemnification
shall not apply if and to the extent that the Losses relate to, or arise as the result of, the negligence, gross
negligence, or willful misconduct of Air-Touch or any of AirTouch's employees, agents, contractors,
and/or invitees.
9. Insurance. The Parties hereby acknowledge and agree Section 20 of the Agreement is
hereby deleted in its entirety:
Air-Touch shall at all times during the term(s) hereof and at AirTouch's sole cost and expense maintain in
effect Worker's Compensation insurance with statutory limits and General Liability insurance to cover
bodily injury and property damage, adequate to protect City against liability for bodily injury or death of
any person in connection with the use, operation and condition of the Leased Premises, in an amount not
less than Two Million and No /100 Dollars ($2,000,000.00) of combined single limit bodily injury and
property damage coverage with not less than Four Million and No /100 Dollars ($4,000.000.00) in the
aggregate. These limits can be met using the general liability policy limits and umbrella/excess limits.
Such policy or policies of insurance shall be issued by a carrier or carriers admitted to do business in
California, with a current AM Best Guide rating of A:VII or higher and shall cover the Leased Premises
and include City, its officers, agents and employees as an additional insured. Within thirty (30) days of
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AirTouch's receipt of a written request from City, and no more than once per calendar year, Au Touch
shall deliver a certificate of insurance to City evidencing the insurance requirements set forth in this
section.
[Signatures appear on the following page.]
IN WITNESS WHEREOF, City and AirTouch have caused this Amendment to be executed by
each party's duly authorized representative effective as of the date first above written.
City:
Citv of Seal Beach
AirTouch:
Los Angeles SMSA Limited Partnership, dba
Verizon Wireless
By: California Tower, Inc.,
a Delaware corporation
Title: Attomey -in -Fact
Signature:
Print Name: Shawn Lanier i
Title: ice President - Legal
Date: — ey
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EXHIBIT A
This Exhibit A may be replaced at AirTouch's option as described below.
PROPERTY
AirTouch shall have the right to replace this description with a description obtained from City's deed (or
deeds) that include the land area encompassed by the Lease and Ail-Touch's improvements thereon
The Property consists of the entire legal taxable lot owned by City as described in a deed (or deeds) to
City of which the Leased Premises is a part thereof with such Property being described below:
That certain land located in the City of Seal Beach, County of Orange, State of California, being
an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino
Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the intersection of the northerly line of Parcel I of the land described in the deed to
the State of California recorded February 2, 1964 in Book 5082, Page 307 of Official Records
with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point
being the beginning of a curve in said southeasterly line, concave northwesterly having a radius
of 1040.00 feet, a radial to said point bears S DO'] l'56" W, thence northeasterly 930.35 feet
along said curve through a central angle of 519 5' 17": thence N 38 °56'39" E 145.00 feet along
said southeasterly fine to the westerly comer of Parcel 3 of the land described in Book 7594,
Page 609 of Official Records; thence N 89 °08214" E 39.05 feet along the southerly line of said
Parcel 3 to the southwesterly line on Parcel 2 described in said deed: thence S 51103'2 V! E
89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having
a radius of 430,00 feet; thence southeasterly 282.46 feet along said curve through a central angle
of 37 °38'25" to a point to which a radial bears S 01 '18'14" W. said point being the beginning of
a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach
recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave
southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve
through a central angle of 88 °53'42 "; thence S 00 °] 1'56:'W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly
21.49 feet along said curve through a central angle of 30 °47'03" to the beginning of a reverse
curve concave easterly having a radius of 70.00 feet, thence southerly 109.69 feet along said
curve through a central angle of 89 °4T00" to said northerly line of the land of the State of
California; thence N 89 °48'04" W along said northerly line to the point of beginning.
Being Orange County, CA Parcel Numbers 217- 361 -03 and 217. 361 -01.
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EXHIBIT A (continued)
LEASED PREMISES
AirTouch shall have the right to replace this description with a description obtained from the Lease or
from a description obtainedfrom an as -built survey conducted by AirTouch.
The Leased Premises consists of that portion of the Property 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 AirTouch in the Lease; and (ii) AirTouch's (and AirTouch's customers') existing
improvements on the Property.
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well as that portion of the Property
currently utilized by AuTouch (and AirTouch's customers) for ingress, egress and utility purposes from
the Leased Premises to and from a public right of way.
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EXHIBIT B
FORM OF MEMORANDUM OF LEASE
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Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/John J. Sullivan, Esq.
ATC Site No: 300772
ATC Site Name: Old Ranch, CA
Assessor's Parcel No(s):
MEMORANDUM OF LEASE
T rs Memorandum of Lease (the "Memorandum ") is entered into on thei I day of
, 2012 (the "Effective Date ") by and between the City of Seal Beach ( "City")
and Los Angeles SMSA Limited Partnership, dba Verizon Wireless ( "AirTouch "), (City and AirTouch
being collectively referred to herein as the "Parties ") with reference to the facts set forth in the Recitals
below:.
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).
Property and Lease. City is the owner of certain real property being described in Exhibit A
attached hereto and by this reference made a part hereof (the "Property"). City (or its predecessor -in-
interest) and AirTouch (or its predecessor -in- interest) entered into that certain Easement Agreement
dated August 3, 1995 (as the same may have been amended from time to time, collectively, the
"Lease "), pursuant to which the AirTouch leases a portion of the Property and is the beneficiary of
certain easements for access and public utilities, all as more particularly described in the Lease (such
portion of the Property so leased along with such portion of the Property so affected, collectively, the
"Leased Premises "), which Leased Premises is also described on Exhibit A.
2. American Tower. AirTouch and/or its parent, affiliates, subsidiaries and other parties identified
therein, entered into a sublease agreement with California Tower, Inc., a Delaware corporation
and/or its parents, affiliates and subsidiaries ( "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, AirTouch 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 AirTouch, 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 AirTouch of all renewal options contained in the Lease, the final expiration date of the
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Lease would be August 31, 2035. Notwithstanding the foregoing, in no event shall AirTouch be
required to exercise any option to renew the term of the Lease.
4. Leased Premises Description. AirTouch shall have the right, exercisable by AirTouch 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 AirTouch's request, City shall execute and deliver any documents reasonably
necessary to effectuate such replacement, including, without limitation, amendments to this
Memorandum and to the Lease.
5. 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. City hereby grants the right to AirTouch to complete and execute on
behalf of City any government or transfer tax forms necessary for the recording of this Memorandum.
This right shall terminate upon recording of this Memorandum.
6. 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 City at: 211 8th Street, Seal Beach, California 90740;
to AirTouch 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.
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.
8. 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.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, City and AirTouch have each executed this Memorandum as of the day and
year set forth below.
CITY
'"WIN
2 WITNESSES
Signa
Print
Signa
Print
WITNESS AND ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State /Commonwealth of Q G rJ(y) lek
County of
On this day ofd. ,0,(flbe 2011, before me,
the undersigned Notary Public, personally appeared
t (\t who proved to me on the basis of satisfactory
evidence) to be the per r IN) whose name(s) is /are subscribed to the within instrument and acknowledged
to me that-he /she /they executed the same imhis/her /their authorized capaciry(les), and that by#s /her /dwir
signatureN on the instrument, the personO or the entity upon which the personO 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.
Print Name: r'(
My commission expires:
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ROBIN LYNN ROBERTS
COMM. #2078186 z
= Not Oran Public County litotnia a
my Comm. E!Rires Sao. 13 2018
[SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
AIRTOUCH
Los Angeles SMSA Limited Partnership, dba
Verizon Wireless
By: California Tower, Inc.,
a Delaware corporation
Title: Attorney- in- Fact
�L /l/
Signature:
Print Name: awn Lanier
Title: Vim President - LeSid
Date:
WITNESS
Signature:
Print Name:
Signature: _
Print Name:
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this it day of i 6oiljer , 201 -, before me,
-J-06- the undersigned Notary Public, personally appeared
5I,p.Wr, � AIM W 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 seat.
I�tarX�utilic°
Print Name: fA town
My commission expires:
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JOHN J SULLIVAN, III
' � Notary Public
�M�tONM�FALTN OF MASSACMOgETTQ
MY Commission Expires
ne 27, 2019
EX111111"f A
This Exhibit A rruaY be rep lacer/ at Ai.r'l auch's option us described below.
PROPER] Y
Ai.r'1 ouch shall have the right to replace this description with a description obtained from City's deed (or
deeds) that include the land area encompassed by the Lease and Air'fouch's improvements thereon
'I lie Property consists of the entire legal taxahle lot owned by City as described in a deed (or deeds) to
City of which the Leased Premises is a pan thereof with such Property being described below:
That certain land located in the City of -Seal Beach, County of Orange, State of California, being
an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino
Base and Meridian, in the Rancho Los Alamitos, as per the reap filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the intersection of the norlherly line of Parcel I of the land described in the deed to
the State of California recorded February 2, 1960 in Book 5082, Page 307 of 012icial Records
with the soulhcasterlyline ofLampson Avenue 80.00 feet wide, as described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point
being the beginning of a curve in said southeasterly line, concave northwesterly having a radius
of 1040.00 feet, a radial to said point bears S 00"I V56" W: thence northeasterly 930.35 feet
along said curve through a central angle of 51 °15' 1 T'; thence N 38 156'39" E 145.00 feet along
said southeasterly fine to the westerly corner of Parcel 3 of the land described in Book 7594,
Page 609 of Official Records; thence N 89 °O8' 14" V 39.05 feet along the southerly line of said
Parcel 3 to the southwesterly line oil Parcel 2 described in said deed: thence S 51 °03'7-1 "E
89.94 feet along said southwesterly line to the beginning of curve concave northeasterly having
a radius of 430,00 feel; thence southeasterly 282.46 feet along said curve through a central angle
of 37 °38125" to a point to which a radial bears S 01 ° 18' 14" W. said point being the beginning of
a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach
recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave
southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve
through a central angle of 88 °53'42''; thence S 00 °I 1'56° W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 feet, thence southerly
21.49 feet along said curve through a central angle of 30 °47'03" to the beginning of a reverse
curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said
curve through a central angle of 89 °47'00" to said northerly line of the land of the State of
California; thence N 89 °48'04" W along said northerly line to the point of beginning.
Being Orange County, CA Parcel Numbers 217 - 361 -03 and 217 - 361 -01.
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I_Y1f111I'1' A (continw-
Ldj
D PREMISES
Air"l'ouch shall have the right to replace this description with a description obtained franr the l et�re or
from a description obtained from art as -built survey conducted by AitTouch.
'the leased Premises consists of that portion of the Property 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 c0uveyed to Air'fouch in the Lease; and (ii) Airfouch's (and Ail-Touch's customers') existing
improvements on the Property.
ACCESS AND OTILI'9'11�'5
The access and utility easements include all easements of record as well as that porlion of the property
currently utilized by Airl'ouch (and Ai(l'ouch's customers) for ingress, egress and utility purposes from
the Leased Prem6YCS to and from a public right of way.
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