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HomeMy WebLinkAboutLease Agreement r- . 9 • . .� This instrument prepared by Doc Sic Vol Ps and after recording return to: 00966si 0 OR S053 1 Crown Castle International Corp. Attn: Legal Department 30I North Cattlemen Rd. Suite 300 Sarasota, Florida 34232 Site: Boriskie BUN: 877458 Brazos County, Texas Mi+'MORAAM, M O ' AMEND NT This Memorandum of Amendment (the "Memorandum") is made this / day of \ JU e ,. , 2007, by and between the Lydia Boriskie Par nership (the "Owner") whose address is 2710 Horse Haven Lane, College Station, DC, and STC Two, LLC, a Delaware limited liability company ( "Sprint"), successor in interest to SprintCom, Inc., a Kansas corporation, by and through its attorney in fact, Global Signal Acquisitions 1I LLC, a Delaware limited liability company, whose address is STC Two, LLC, C/o Crown Castle International Corp., R. Blake Hawk, General Counsel, Attn: Real Estate Department, 2000 Corporate Drive, Canonsburg, PA 15317. Rf,C, IT S Site WHEREAS, Owner and Sprint are the current parties h under t certain that certain ne PCS Agreement dated October 26,1999 and as amended pursuant Site Agreement dated � and recorded as Doc �774062Bao between R, V plume 4593, Page and SprintCom, Inc., Page 3the Public Records for Brazos County, TX; and WHEREAS, the parties have modified the terms of the Agreement by that certain Second Amendment to PCS Site Agreement dated the same date as this Memorandum, and wish to provide record notice of the existence of the Agreement as amended thereby (hereafter, the Agreement is referred to as the "Amended Agreement') and the status of certain rights and interests thereunder through the recording of this Memorandum in the Public Records; and WHEREAS, the Amended Agreement pertains to certain real property leased to Sprint more particularly described on Exhibit "A" attached hereto and incorporaterein by this reference (the "Leased Premises "); Doc Bk Vol Ps 00966810 OR 8053 2 OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the sum of S10.00, the mutual covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and Sprint hereby agree as follows: 1. The recitals hereinabove are true and correct and are incorporated herein by this reference. 2. Owner hereby acknowledges, ratifies, and confirms Sprints interest in and to the Amended Agreement. 3. Owner and Sprint certify that the Amended Agreement is in full force and effect, and that as of the date hereof, there are no current defaults or breaches under the Amended Agreement by Sprint and/or Owner. Further, Sprint and Owner are not aware of any events which have occurred which, with the passage of time or service of notice, or both, would constitute a default under the Amended Agreement and that Sprint and Owner have full right to execute and deliver this instrument. 4. The terms and provisions of the Amended Agreement are hereby restated and incorporated herein by this reference. 5. The Amended Agreement provides that the initial term of the Amended Agreement is 5 years, commencing on October 26, 1999 ("Commencement Date") with twenty -four (24) additional renewal terms of 5 years each. 6. The parties consent to the recording of this Memorandum in the public records of the county in which the Leased Premises is situated, and agree that this Memorandum shall be executed in recordable form. 7. This Memorandum may be executed in counterparts, each of which shall constitute an original instrument. (Remainder of page intentionally left blank Signature and acknowledgments to follow.] Doc Bk Vol. Ps 0096681 DR BO3 F 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first above written. OWNER: Lydia Boriskie Partnership B "g .,• Name: Burton Ray Herm Title: Managing Partner STATE OF TEXAS COUNTY OF I3r4.20 1 This instrument was acknowledged before me on ZS' Y)e 2 007 by Burton Ray Hermann, managing partner on behalf of Lydia Boriskie Partnership, a partnership. LYNN t r� � � t (Signature of officer) i\ oI -ary 121494 �. (Title of officer) •� 11,4011 My commission expires: 1 I t I t I Doc Bk Vol Ps OOS`66810 OR 8053 4 OWNER: Lydia Boriskie Partnership C.� By: Name: Vir i , J. Hermann Title: Partn STATE OF TEXAS COUNTY OF BY4 Zvi This instrument was acknowledged before me on Tune, '7 , 2007 by Virginia J. Hermann, partner on behalf of Lydia Boriskie Partnership, a partnership. LOVA) .40TheN (Signature of officer _ % \ • 7,o 1bW.0 =. 3 3 4 1 (Title of officer ' •••., , . • .• ' asnmv My commission expires: , Doc 8k Vol P 00966810 OR 8053 5 OWNER: Lydia Boriskie Partnership Name: Michael W. Thiltgen Title: Partner STATE OF TEXAS 1 J COUNTY OF 'S 1 w► 115 This instrument was acknowledged before me on t., lUj L , 2007 by Michael W. Thiltgen, partner on behalf of Lydia Boriskie Partnership, a partnership. e of ofcer DENSE L. CAVAZOS NOTARY PUBLIC (Title of officer) ' < '4 8 . TA'rt p My commission expires: v ^ } .1 D(): Bk Vol Ps C!Cl96681.0 OR 3053 6 OWNER Lydia Bedside Partnership By: , , 1 _ 1 -- Name: Ch t'Itgen if Title: Partner STATE OF TEXAS COUNTY OFIA_ANggs This instrument was acknowledged before me on �i Z- , 2007 by Cheryl Thiltgen, partner on behalf of Lydia Boriskie Partnership, a partnership. 1 dr. Zr7f' e of o cer) ► DENISE L. CAVAZOS ,► NOTARY PUSUC (Title of officer) STATE OF A a My commission expires: - ` i 6 • Doc 8k Vol P9 ?;O966810 DR 8053 7 SPRINT: STC Two, LLC, a Delaware limited liability company By: Global Signal Acquisitions II LLC, a Delaware limited liability company, Its Attorney in Fact By: Global Signal Services LLC, Its Manager NYC _.. Y gusevAs i N t STATE OF FLORIDA COUNTY OF SARASOTA This instrument was acknowledged before me on [y 11417,oae1 by Pt at, , DI,. a ee Lam.! Acria:ur1 AVIs of Global Signal Services LLC a Delaware Iimited liability company, on behalf of Wd corporation. .S}gr wrreof•eNiMC, ifitterePeff Y May fl'1YCOMMON4 My commission expires: z •+r i4 =V Jun. 4, 207 11:32AM Global S;gna1 No, 3791 P. 3/3 • Doc 9.k Vol Ps Oi1966810 0R 8053 8 EXHIBIT "A" Leased Premises • MEW OAK u 0,317 oats 1149, glad s obi sear �tiaraat lligr 45, s CeMrm. Timm i aa, bFii■ai>iO. WO envoi st i ors �1A'a add MN saw _ d 45 Wig Nei ONO stbolni TIM mai labs mom paikaisly mime art Wit so Mho. Pill et badly Ube sat 1 dam !seat 1<r 111110.10 1110 NO nosisilaValsor42115, heaSea[iM liassdidloms t 'f• Tema C0111104C100 asepic*is �ly atHaawi�ae>r dpr i's4 Wsp iaw .loth a Mi baud *amp Mmis4 wor im as f d/'$t' 104 ink mid plat talks a, al le Li t agar H NON aaadas M aNs ,a phi bast mosmilit is Wm 4115, id► WO= Milk 41 s dams digit dna sadisslisely de* DI�CT: alkoalniadtlksr • 11001!71'45'x" 31" samosa MS fat ter tha draratamod womb lbadealrabia aaem Laldri � • Ina saadamodrdivilsaasdbomme 3dlirtdoaOieae staid a+a b the dila Sodas a mite eta lMrisMialaai e[ 1 boas r • lO,iiibeIsspd tail art MIT b OsseatwaredP� 11111106 Warr Mos, Own st7023 lrata i NM Ws i dl ad op aimed Melt Baskambe at Bs meat swim* war alga bob i>s k Mm* soil lsabMa _____ op ,, as al►� eddy mar if Imet 011111131.8adt MOW Wet $a.■a.d744 Oa* * balm sod yid o p ape 7Mai ' Gesaaat aaadailr maw efts baaoi mbsodbod law of ikat * Os Poor ow /1111)101, 21 �a�eaardi� ; dsiI I am stiri. 1 00966810 B OR Vol 8053 Ps 9 Blank Page (for use by recorder) • Filed for Record in: BRAZOS COUNTY On: Jun 21.2007' at 01 :36P As a NO LABEL RE 0ROING Document Number: 00966810 Amount 43.00 Receipt Number - 318742 Bye Seth Gallien STATE OF TEXAS COUNTY OF BRAZOS 1 hereby certify that this instrument was filed on the date and time stamped hereon by me and vas duly recorded in the volume and vase of the Official Public records of: BRAZOS COUNTY as stamped hereon by me. • Jun 21►2007 HONORABLE KAREN OCOUEEKi COUNTY CLERK BRAZOS COUNTY This instrument was prepared by: • Legal Department .Crown Castle International Corp. 301 N. Cattlemen Road #300 Sarasota FL 34232