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HomeMy WebLinkAboutC2021-006 - STC Five LLCUnofficial C2021. 01 ZoDocument WHEN RECORDED RETURN TO: 16 Crown Castle cr Attn: Post -Closing Department 1220 Augusta Drive, Suite 600 Houston, TX 77057 Prepared by: Lake & Cobb, PLC 1095 W. Rio Salado Pkwy, Suite 206 Tempe, AZ 85281 Space above this line for Recorder's Use Prior recorded document(s) in Ntaricopa County, Arizona: October 12, 2000 at #2000-0783665 MEMORANDUM OF FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT This Memorandum of First Amendment to Option and Site Lease Agreement is made effective this day o C.L� 2020 by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town" or "Lessor") and STC Five LLC, a Delaware limited liability company, by and through its attorney -in -fact Global Signal Acquisitions Ill LLC, a Delaware limited liability company ("Lessee"), as successor in interest to Sprint Spectrum, LP, a Delaware limited partnership ("Sprint"). 1. Town, as lessor, and Sprint, as lessee, entered into that certain Option and Site Lease Agreement dated August 28, 2000 (the "Agreement"), a memorandum of which was recorded on October 12, 2000 at Instrument No. 2000-0783665 in the official records of Maricopa County, Arizona, far Sprint's use ofthe Town's Property forthe purpose of installing and operating the Communications Facility. The lease area is more particularly described on Exhibit A attached hereto. 2. STC Five LLC is currently the Lessee under the Agreement as successor -in -interest to Sprint. 3. The Agreement had an initial term that commenced on December 28, 2000 and expired on December 27, 2005. The Agreement provides for three (3) extensions of five (5) years each, all three (3) of which were exercised by Lessee (each a "Renewal Term"). According to the Agreement, the final extension expires on December 27, 2020. 4. Town and Lessee have entered into a First Amendment to Option and Site Lease Agreement (the "First Amendment"), of which this is a Memorandum, providing for three (3) additional Renewal Terms of five (5) years each. Pul-SUant to the First Amendment, the final Renewal Term expires on December 31, 2035. Site Naive. Bellagio 1 Fgle Min Cactus Page I business Unit 9. 879340 20210058359 5. The terms, covenants and provisions of the First Amendment sliall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Town and Lessee. 6. This Memorandum does not contain the social security number of any person. 7. A copy of the First Amendment is on rile with Town and Lessee. [Execution Pages Follow] Unofficial Document Sitc Name: Bellagio r Eagle blue Cactus Page 2 Business Unit 9: 87934D 20210058359 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Town and Lessee have caused this Memorandum to be duly executed on the day and year first written above. TOWN: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Print Name: G E. iller Title: Town Manager STATE OF 4-r(Z.eato, } ATTEST: By: '_. Print Name: ' abeth A, Burke Title: Town Clerk )ss. COUNTY OF a } On this 'day of 020, before me, the subscriber, a Notary Public in and for said State and County, personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, known or identified to me to be the person whose name is subscribed to the foregoing Memorandum (Un'.4.'lDmm,m iendment to Option and Site Lease Agreement, and in due form of law acknowledged that he/she is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same as his/her voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. Notary Seal FtJ7 A- 131IRKI � 4kitmy F jbk. StM of Acliona MARICOPA COUNTY (-"10dsalon # W547 'IIl: ' fixl�tc88 A»St+a� t 6, 2022 Site Name: Bellagio / riagle A1ui Cactus Business Unit # 879340 ( gnature 0 otary) My Commission Expires: S/- • Page 3 20210058359 �o��T�AiN � ftCN s TOlsliiN OF FOUN-rAIN HILLS c ' 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Y 480.816.5100 1 Fax:480.837,3145 x /s/ Aaron D. Arnson 12/15/2020 Approved as to form Date Unofficial Document www.fh.az.gov 20210058359 LESSEE: STC FIVE LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company Its: Attorney In Fact By: Print Name: L Title:`,fi' r— i rr�:�✓ d[YlaPd` STATE OF xG S ) COUNTY OF �-��, S }ss.} On this _1_�_ day of 02r w+tbe r 2020, before me, the subscriber, a Notary Public in and for said State and County, personally appeared 7-, the rof G! � l W..-'GNAL ACQ ISITIONS III LLC, known or identified to me to be the pers -OR whose name is subscribed to the foregoing Memorandum of First Amendment to Option and Site Lease Agreement, and in due form of law acknowledged that he/she is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same as his/her voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. Notary Seal `""""'' CAROLYN KIMERY PGB'i Notary Public, State of Texas ` Comm. Expires 03-10-2024 Notary ID 132396806 (Signature My Commission Expires: Site Name. 13ellagio / Figle. klin Cactus Page 4 Business Unit k 879340 20210058359 EXHIBIT A Legal Descriptions LEASE AREA 1: A portion of land located in the Northwest Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south l l degrees 15 minutes 25 seconds east, a distance of 172.00 feet; thence south 89 degrees 34 minutes 01 seconds west, a distance of 114.00 feet to the POINT OF BEGINNING and a point hereinafter referred to as Point `A'; Thence north 90 degrees 00 minutes 00 seconds west, a distance of 27.00 feet; Thence north 00 degrees 00 minutes 00 seconds west, a distance of 25.67 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 4.81 feet; Thence north 34 degrees 31 minutes 23 seconds east, a distance of 27.76 feet; Thence south 55 degrees 28 minutes 37 seconds east, a distance of 10.00 feet; Thence south 34 degrees 31 minutes 23 seconds west, a distance of 20.88 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 3.05 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 20.00 feet; Thence north 90 degrees 00 minutes 00 sec''ITU cL IL, a distance of 7.00 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 5.67 feet to the POINT OF BEGINNING: This lease area contains 796.23 square feet, more or less. PARKING AREA: A portion of land located in the Northeast Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 1 1 degrees 15 minutes 25 seconds east, a distance of 212.00 feet; thence south 78 degrees 44 minutes 35 seconds west, a distance of 56.00 feet to the POINT OF BEGINNING; Thence south 12 degrees 00 minutes 00 seconds east, a distance of 36.00 feet; Thence south 78 degrees 00 minutes 00 seconds west, a distance of 10.00 feet; Thence north 12 degrees 00 minutes 00 seconds west, a distance of 36.00 feet; 20210058359 Thence north 78 degrees 00 minutes 00 seconds east, a distance of 10.00 feet to the POINT OF BEGINNING: This lease area contains 360.00 square feet, more or less. UTILITY EASEMENT: Commencing from said, Point `A'; Thence south 41 degrees 39 minutes 15 seconds east, a distance of 25.83 feet; Thence south 18 degrees 51 minutes 18 seconds east, a distance of 52.83 feet; Thence north 16 degrees 56 minutes 52 seconds east, a distance of 35.00 feet to a, electric meter; Thence south 36 degrees 01 minutes 20 seconds east, a distance of 18.00 feet; Thence north 79 degrees 13 minutes 52 seconds east, a distance of 123.20 feet to a, electric manhole; Thence South 03 degrees 50 minutes 46 seconds east, a distance of 40.60 feet to a, communication manhole. Unofficial O000 ri FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (Bellagio/Eagle Mountain Cactus Site #879340) THIS FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (this "First Amendment") is entered into as of - j , 2020, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town" or "Lessor") and STC Five LLC, a Delaware limited liability company, by and through its attorney -in -fact Global Signal Acquisitions III LLC, a Delaware limited liability company ("Lessee"), as successor in interest to Sprint Spectrum, LP, a Delaware limited partnership ("Sprint"). Unless otherwise defined herein, all capitalized terms in this First Amendment shall have the meanings set forth in the Option and Site Lease Agreement. RECITALS A. The Town, as lessor, and Sprint, as lessee, entered into that certain Option and Site Lease Agreement dated August 28, 2000 (the "Agreement"), a memorandum of which was recorded on October 12, 2000 at Instrument No. 2000-0783665 in the official records of Maricopa County, Arizona, for Sprint's use of the Town's Property for the purpose of installing and operating the Communications Facility. B. Pursuant to the pre-existing Amended Restated Assignment and Assumption Agreement dated July 1, 1996 between Sprint Spectrum Holding Company, LP, Sprint and Sprint Spectrum Realty Company, LP, a Delaware limited partnership ("Sprint Realty"), the Agreement was assigned from Sprint to Sprint Realty. C. Pursuant to that certain General Assignment and Assumption Agreement between Sprint Realty and Sprint, dated May 26, 2005 (as subsequently amended), rights to the Agreement were transferred from Sprint Realty to Sprint. Immediately following the transfer from Sprint Realty to Sprint, and pursuant to that certain General Assignment and Assumption Agreement between Sprint and Sprint Spectrum Equipment Company, LP, a Delaware limited partnership ("Sprint Equipment"), the rights to the Agreement were transferred from Sprint to Sprint Equipment. Concurrently therewith and pursuant to the General Assignment and Assumption Agreement between Sprint Equipment and Lessee, dated May 26, 2005 (as subsequently amended), Sprint Equipment assigned and the rights to the Agreement to Lessee. D. Lessee subsequently appointed Global Signal Acquisitions III LLC, a Delaware limited liability company ("Global Signal") as its attorney -in -fact with respect the Agreement. E. The Agreement had an initial term that commenced on December 28, 2000 and expired on December 27, 2005. The Agreement provides for three (3) extensions of five (5) years each, all three (3) of which were exercised by Lessee. According to the Agreement, the final extension expires on December 27, 2020. F. Global Signal has requested an extension of the lease term contained within the Agreement. The Town and Lessee, through Global Signal, desire to amend the Agreement to extend the term thereof as specified in this First Amendment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Lessee hereby agree to amend the Agreement as follows: 1. Replacement of Exhibit A, Exhibit B and Exhibit C. Exhibits A, B, and C of the Agreement are deleted and replaced in their entirety with, respectively, Exhibits A, B, and C hereto. 2. Modification of Term. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following: Term. This Agreement shall be for a term of five (5) years ("Initial Term"), commencing on December 28, 2000. Lessee shall have the right to renew the Agreement for six (6) additional five (5) year terms (each a "Renewal Term"), with the final Renewal Term expiring on December 27, 2035. The Initial Term and any Renewal Term shall be collectively referred to as the "Lease Term". The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Town of its intention not to renew at least ninety (90) days prior to the expiration of the then current five year term. 3. Additional Renewal Terms. The Town may elect to grant to Lessee two (2) additional Renewal Terms of five years each by providing written notice to Lessee at least one- year prior to the expiration of the sixth Renewal Term (each an "Additional Renewal Term"). Lessee may accept the Additional Renewal Terms by payment of an extension fee in the amount of Five Thousand and 00/100 Dollars, payable within sixty (60) days of the date of Lessor's notice (the "Extension Fee"). The Lease will automatically be extended for each successive Additional Renewal Term if the Extension Fee is paid by Lessee within the sixty (60) day period. The first Additional Renewal Term will commence on December 28, 2035 and will expire on December 27, 2040, and the second Additional Renewal Term will commence on December 28, 2040 and will expire on December 2045. In the event the Extension Fee is not received by the Town within the sixty (60) day period, then Lessee will be deemed to have declined the Additional Renewal Terms and the Lease will expire on December 27, 2035. 4. Modifications to Rent. 4.1 Modification of Base Rent. On the first (l') day of the second (2°d) full month following full execution of this First Amendment, the monthly Rent shall increase to Two Thousand Two Hundred Fifty and 00/100 Dollars ($2,250.00) per month. This rent increase replaces and is in lieu of the regular rent escalation scheduled to occur on December 28, 2020. Following such increase, the monthly Rent shall continue to adjust pursuant to the terms of the Agreement, with the next escalation occurring on December 28, 2025. 42 Market Rate Adjustment. Notwithstanding anything in the Agreement to the contrary, on December 28, 2030 (the "Market Rate Adjustment Date"), Rent shall be increased to or by the greater of (i) the then Current Market Rate (as defined below) (aka "a market rate adjustment"), (ii) the same percentage increase in the CPI in accordance with Section 5(a) of the Agreement. For purposes of this Section, "Current Market Rate" shall be determined by taking the average of the rental rates calculated on a per square foot basis then being paid by Tenant, or any affiliate of Tenant, to the ten (10) landlords in closest proximity to the Premises. At least ninety (90) days prior to any Market Rate Adjustment Date, Landlord shall request the Current Market Rate from Tenant if Landlord desires a market rate adjustment to the Rent. Within thirty (30) days of Landlord's request, Tenant shall provide a report summarizing Tenant's calculation of the Current Market Rent in accordance with the definition set forth above. If Landlord fails to request the Current Market Rate from Tenant at least ninety (90) days prior to prior to any Market Rate Adjustment Date, there shall be no market rate adjustment and Rent shall be increased by the change in the CPI in accordance with Section 5(a) of the Lease. The above -described Market Rate adjustments shall apply in lieu of the Regular Rent Escalation for the Lease year commencing December 28, 2030. 43 Shared Revenue. A new subsection 5(c) is hereby added to the Agreement to read as follows: (c) During the term of the Agreement, Lessee shall have an irrevocable option ("Option"), exercisable at any time, and from time to time, to lease up to a maximum of four hundred (400) square feet of real property adjacent to the existing Premises at a location to be proposed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed ("Additional Lease Area"). In the event that Lessee leases, subleases, licenses or grants a similar right of use or occupancy in the Additional Lease Area to a third party not already a subtenant on the Premises (each an "Additional Area Subtenant"), Lessee agrees to pay to Lessor thirty-five percent (35%) of the rental, license or similar payments actually received by Lessee from such Additional Area Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Lease Area Rent") within thirty (30) days after receipt of said payments by Lessee. In the event the Option is exercised, the Additional Lease Area Rent shall be the only consideration payable to Lessor for Lessee's use of the Additional Lease Area. Lessee shall have no obligation for payment to Lessor of such share of rental, license or similar payments if not actually received by Lessee. The Additional Lease Area Rent shall be due and payable upon the later of (i) commencement of construction activities within the Additional Lease Area or (ii) the date when Lessee begins to receive monthly license payments from the Additional Area Subtenant. Lessee may exercise the Option for the entire Additional Lease Area in a single exercise, or may exercise the Option multiple times in increments, by providing written notice to Lessor at any time (each a "Notice of Exercise"); provided, however, that following Lessee's delivery of the Notice of Exercise to Lessor, Lessee may at any time prior to commencement of construction activities within the Additional Lease Area withdraw its election to exercise the Option if Lessee discovers or obtains any information of any nature regarding the Additional Lease Area which Lessee determines to be unfavorable in its sole discretion. Within thirty (30) days after the date of Lessee's Notice of Exercise, Lessor shall execute and deliver an amendment to the Agreement to grant Lessee's interest in the Additional Lease Area. 4.4 Signing Bonus. In addition to any rental amounts payable as set forth in this Section, Lessee shall, not later than December 15, 2020, pay to the Lessor Two Thousand Two Hundred and Fifty no/100 dollars ($2,250.00) as additional one-time compensation. 5. Co -location. Subsection 10(d) of the Agreement is hereby deleted in its entirety and replaced with the following: Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co -locate their antennas on either new or existing structures, and will cooperate with third party communication users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use Lessor's Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's intended use of the Premises. Should Lessee notify Lessor, in writing not later than fifteen (15) days after receipt of notice from Lessor, that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. Lessee may, upon prior, written approval by the Town Manager and for so long as Lessee pays the additional amounts due under subsection 5(c) above, as applicable, allow other wireless communication providers ("Sublessees") to locate facilities on the Premises. Use of the Premises by Sublessees is strictly conditioned upon such use not adversely interfering with the then -existing equipment of any communication users on the Property. The Town's consent shall not be unreasonably withheld. 6. Notices. Section 15 of the Agreement is hereby deleted in its entirety and replaced with the following: 15. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered to the party at the address set forth below, (b) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (c) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Lessor: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman, PLLC 7730 E Greenway Road, Suite 105 Scottsdale, Arizona 85260 Attn: Aaron D. Arnson, Esq. If to Lessee: STC Five LLC c/o Crown Castle USA Inc. Attn: Legal - Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (a) when delivered to the party, (b) three (3) business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (c) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 7. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 8. Non -Default. By executing this First Amendment, the Lessee affirmatively asserts that, to Lessee's actual knowledge, Lessor is not currently in default under any of the terms or conditions of the Agreement. Likewise, by executing this First Amendment, the Town affirmatively asserts that, to the Town's actual knowledge, Lessee is not currently in default under any of the terms or conditions of the Agreement. 9. Conflict of Interest. This First Amendment may be cancelled pursuant to ARiz. REV. STAT. § 38-511. [EXECUTION PAGES FOLLOW] IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Lessor" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation c 44- . v4i, , Grady E. Milllr, wn Manager ATTEST: EIVMeth A rke, TownC-1dFk- (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me onL /cte.4 ,�f`� ,1'7 N , 2020, by Grady E. Miller, the Town Manager of the TOWOF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. �t�BETHA otary P is in and for th State of Nowy Pubic. Sw of Mzou Arizon o== FxPIr8s Ai -AW 16, 2022 [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] I v) Any o, Z � o � 9��rbaf� ooe TOWN OF FOUNTAIN HILLS 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 480.816.5100 1 Fax:480.837.3145 /s/ Aaron D. Arnson Approved as to form 12/15/2020 Date www.fh.az.gov "Lessee" STC Five LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company Its: its attorney -in -fact By: Name: Title:. -c- i ,mac fCLaxjr � vV7 i✓6 maketr' (ACKNOWLEDGEMENT) STATE OF eYaS _ ) ss. COUNTY OF 1 \alrf: S ) This instrument was acknowledged before me on 2 c P ► 4 )jam IS , 2020, by Lor, Lnpp7 as 9r 9=6A of Global Signal Acquisitions III LLC, a Delaware limited liability company, on behalf of the company. 6(,-� 4-1 - Notary Pu c in and fort tate of 12�Xa S (affix notary seal here) CAROLYN KIMERY `��tpp,Y PUS i�' -o �Notary Public. State of Texas *q Comm. Expires 03-10-2024 Notary ID 132398806 EXHIBIT A EXHIBIT A Legal Descriptions LEASE AREA 1: A portion of land located in the Northwest Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 172.00 feet; thence south 89 degrees 34 minutes 01 seconds west, a distance of 114.00 feet to the POINT OF BEGINNING and a point hereinafter referred to as Point `A'; Thence north 90 degrees 00 minutes 00 seconds west, a distance of 27.00 feet; Thence north 00 degrees 00 minutes 00 seconds west, a distance of 25.67 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 4.81 feet; Thence north 34 degrees 31 minutes 23 seconds east, a distance of 27.76 feet; Thence south 55 degrees 28 minutes 37 seconds east, a distance of 10.00 feet; Thence south 34 degrees 31 minutes 23 seconds west, a distance of 20.88 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 3.05 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 20.00 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 7.00 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 5.67 feet to the POINT OF BEGINNING: This lease area contains 796.23 square feet, more or less. PARKING AREA (LEASE AREA 2): A portion of land located in the Northeast Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 212.00 feet; thence south 78 degrees 44 minutes 35 seconds west, a distance of 56.00 feet to the POINT OF BEGINNING; Thence south 12 degrees 00 minutes 00 seconds east, a distance of 36.00 feet; Thence south 78 degrees 00 minutes 00 seconds west, a distance of 10.00 feet; Thence north 12 degrees 00 minutes 00 seconds west, a distance of 36.00 feet; Thence north 78 degrees 00 minutes 00 seconds east, a distance of 10.00 feet to the POINT OF BEGINNING: This lease area contains 360.00 square feet, more or less. UTILITY EASEMENT: Commencing from said, Point `A'; Thence south 41 degrees 39 minutes 15 seconds east, a distance of 25.83 feet; Thence south 18 degrees 51 minutes 18 seconds east, a distance of 52.83 feet; Thence north 16 degrees 56 minutes 52 seconds east, a distance of 35.00 feet to a, electric meter; Thence south 36 degrees 01 minutes 20 seconds east, a distance of 18.00 feet; Thence north 79 degrees 13 minutes 52 seconds east, a distance of 123.20 feet to a, electric manhole; Thence South 03 degrees 50 minutes 46 seconds east, a distance of 40.60 feet to a, communication manhole. EXHIBIT B EXHIBIT B EQUIPMENT, ACCESS & PARKING LEASE AREA BRASS CAP - POINT OFCOMMENCMENT CENTER LINE SHEA BLVD SHEA BLVD S55°28'37"E 10.00' N34o31'23"E N 27.76' 0 o N90°00'00"E p 4.81' 1 ; G) LEASE AREA N m un -2 - 25' HIGH CACTUS, EQUIPMENT (243.23 SF) l o O_ ,---534°31'23"W - 20.88' Y N90oOO'OO"E 3.05' o o S00°00'00"W 20.00' Noo°oo'00"w • 1 5' WIDE UTILITY 25.67' N90°oo'oo"E - 7.00' EASEMENT EQUIPMENT & Soo°oo'oo"W - 5.67' ACCESS AREA S89°34'01"W - 114.00' -------------- (400.00 SF) P.O.B. S36°O1'20"E-18.00' ELEC. POINT A N78°o0'oo"E $ ENTRY N90°00'00"W \ 10.00' ACCESS AREA 27.00' METER o N � 6g' RIW- (153.00 SF) S41°39'15"E m— zs.83' P.O.B_ __ I ��no 57Bo4435 tN79ol3'52"E1��a� 56.001123.20' I N 518°5118"E e M 52.83' Z S12°00'00"E S03°50'46"E N12°00'00"W 36.00' 40.60' 36.00' COMM. W E TECH PARKING AREA S78000'oo"W 1 M.H. ; (360.00 SF) 1 10.00' S 1 42' RIW 0 25' 501PARKING LEASE AREA \ 1 1 0 2s' so' 1 SCALE: 1" = 50' \ 1 1 1 1 EQUIPMENT & ACCESS AREA, TECH PARKING LEASE AREA & UTILITY EASEMENT, TOTAL LEASE AREA = 1,156.23 SF \ 1 MAP UPDATED: 7-29-20 EXHIBIT C w W U N �S IMC. l9gg .e > I N V1 -i Z z e �g w ; w W w z_az Q J 7 P�� U) o Q� do NM01 Q r W a W U U < > w O F- :i I♦ --- ' �- = Z 1 1 3 w F- _w �_ �a Z z W W 1 <y1 N � = J a' 0 r4 0 0 OU � c U Q 1 a,r Mir a Z in W ; Z o v a15'25"E LU 1 _ 51140,00' 1 M1N pKW _ _ w mo CNV Zoa' I o `�' p0 ID 00 511015�517 212.00 i w oo [D ,1 aLn 0 a� o 1 p O O 11 0 VJ 00 fn �y co o N co+ d 11 W H N -R in O o n o l h d 11 lrll 1 iy o 0 0 o� aI o Z 11 VAl a V - Q i..) � W � W � Vl LLJ 1 = Z N O O O I Q Cl) an — r`r rn o rn o o [� �' 9S'9I Q N d n z z V) wi�Z w >� Q W J NW `nia 0 w i �o C co n z I PO o Q W I w �Q W ��z `sli W W Q � J = W o �, a o t9 Cn oo ~M; � = o Z 1 �o ar: c0i� I Uo Y IZ to n0 r1i\ �N V N 1 {— Q Lr)z U I a W V) W I Z N-1D a w w _ V o N Op _ O- Z Q Q LL I M - .1� W N c0n � I z04 oO II MN cc o o d w 0 � W `,W zz QUO Lo ZU = CY w Q U Lu 200' R/w _ U } II I ~ ~ w W 1 Q i 7) W IaC6cn In LU J ' UJ Q < Lu I 06 Q O Zw JI- i w U z �zLU a Y w 1 I (Y Q Q I w n. w