Memorandum of LA P-1-9 Vetical Bridge (PE).pdf
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(Above 3” Space for Recorder’s Use Only) Upon Recording Return to: VB BTS III, LLC 22 W Ailantic Ave, Suite 310 Delray Beach, Florida 33444 Attn: General Counsel Site Name: PHO Windmill Village Site Number: US-AZ-7073 Commitment #: VTB-143010-C MEMORANDUM OF LEASE This Memorandum of Lease (this “Memorandum’) evidences a Telecommunications Facilities Ground Lease Agreement (the “Lease”’) between CITY OF BUCKEYE, an Arizona municipal corporation duly organized and existing under the laws of the State of Arizona, that acquired title as The Town of Buckeye, Arizona, an Arizona municipal corporation (“Lessor”), whose address is 530 E. Monroe Ave, Buckeye, AZ 85326, and VB BTS II, LLC, a Delaware limited liability company, whose mailing address is 22 W Atlantic Ave, Suite 310, Delray Beach, Florida 33444 (“Lessee”), dated , 20. (the “Effective Date”), for a portion (the “Premises”) of the real property (the “Property”) described in Exhibit A attached hereto. The Premises is described in Exhibit B attached hereto. Lessor hereby ratifies, restates and confirms the Lease and leases to Lessee the Premises, subject to the terms and conditions of the Lease. The Commencement Date of the Lease is . The Lease provides for the lease by Lessor to Lessee of the Premises for an initial term of five (5) years with four (4) renewal option(s) of an additional five (5) years each, and further provides: 1. Lessor will attorn to any mortgagee of Lessee, subordinate any Lessor’s lien to the Lease and to liens of Lessee’s mortgagees, and not disturb the tenancy of Lessee; 2. During the term of the Lease, Lessor will not to install or to permit others to install any structure or equipment on the Premises, the Property, and any property contiguous to the Property that is fee-owned by Lessor that would block or otherwise interfere with any transmission or reception by Lessee’s 11.06.2022 39 VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village Facilities (whether such blockage or interference is in the form of an emission, radiation, induction, harmonic, a physical barrier or otherwise). 3. Lessee (and persons deriving rights by, through, or under Lessee) are the sole parties to market, use, or sublease any portion of the Premises for Telecommunications Facilities during the term of the Lease (such restriction shall run with the land and be binding on the successors and assigns of Lessor); 4. The Premises may be used exclusively by Lessee for erecting, installing, operating, and maintaining Telecommunications Facilities; and 5. Lessee is entitled to sublease and/or license the Premises, including any Telecommunications Facilities located thereon. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease. In the event of a conflict between the provisions of this Memorandum and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of Lessor and Lessee and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the Lease. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE] 11.06.2022 40 VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village IN WITNESS WHEREOPF, the parties hereto have executed this MEMORANDUM OF LEASE as of the date last signed by a party hereto. LESSOR: City of Buckeye an Arizona municipal corporation By: Name: Title: Date: State of ) ss. County of ) On this day of , 2026, before me personally appeared the of the City of Buckeye, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who she/he claims to be, and acknowledged that she/he signed the above/attached document, consisting of 7 pages, including exhibits, on behalf of said entity. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. My Commission Expires: ACCEPTED BY: CITY OF BUCKEYE, an Arizona municipal corporation Doug Sandstrom, City Manager ATTEST: Lucinda J. Aja, City Clerk 11.06.2022 4l Notary Public APPROVED AS TO FORM: Tosca Henry, City Attorney VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village Docusign Envelope ID: 3C8E1C82-C1B9-4494-8B36-2647263D5265 (Lessee’s Signature Page to Memorandum of Lease) WITNESSES: LESSEE: VB BTS Il, LLC a Delaware limited liability company C&- + a Name: f By: ~ Tim Tuck MY Title. Vige President - Lease istration Nené_Apcane farges Date:__ 7 [1p] 20a ‘DS Leasing Ops | £9 State of FLORIDA ) ) ss. County of PALM BEACH ) Tes this May of i ni i , 2026, before me personally appeared ww fuclc the “Nb Ceate Adina of VB BTS II, LLC, a Delaware limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who shi claims to be, and acknowledged that shefhe signed the above/attached document, consisting of 7 pages, including exhibits, on behalf of said entity. ari I certify under PENALTY OF PERJURY under the laws of the State of ROS thatthe foregoing paragraph is true and correct. Mon Notary Public My Commission Expires: AD \avade: ESTHER NELSON Notary Public - State of Florida Commission # HH 464044 My Comm. Expires Nov 13, 2027 Bonded through National Notary Assn. 11.06.2022 42 VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village EXHIBIT A (TO MEMORANDUM OF LEASE) The Property The jand referred to herein below is situated in the County of Maricopa. State of Arizona and is described as follows: That portion of the Northwest quarter of Section 13, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian. Maricopa County, Arizona, described as follows: Commencing at the Town of Buckeye brass cap. marking the Northwest corner of said Section 13, from which a Maricopa County Department of Transporiation aluminum cap stamped 29891, marking the North quarter corner of said Section 13. bears North 89 degrees 50 minutes 17 seconds East, 2649.58 feet. said line being the North line of the Northwest quarter of said Section 13 and the basis for the bearings for this description; Thence North 89 degrees, 50 minutes 17 seconds East, along said North line, 709.61 feet; Thence South 00 degrees 22 minutes 12 seconds East, 65.00 feet to a line which is 65.00 feet South of, and parallel with, the North line of said Northwest quarter and the point of beginning; Thence North 89 degrees 50 minutes 17 seconds East, along said parallel line, 929.70 feet: Thence South 44 degrees 56 minutes 32 seconds East, 56.35 feet to a line which is 55.00 feet West of, and parallel with, the monument line of Dean Road, as shown on the Map of Dedication for Sundance Phase 2D, recorded in Book 711 of Maps, Page 24, Maricopa County Records; Thence South 00 degrees 16 minutes 39 seconds West, along said paralle| line, 525.02 feet to a line which is 630.00 feet South of. and parailel with, the North line of said Northwest Quarter, Thence South 89 degrees 50 minutes 17 seconds West, along said parallel line, 963.32 feet; Thence North 00 degrees 22 minutes 12 seconds West, 565.00 feet to the point of beginning. Parcel ID: 504-21-033D This being the same property as conveyed to The Town of Buckeye, Arizona, an Arizona municipal corporation in a deed from BOKF, National Association, a national banking association d/b/a Bank of Oklahoma, as successor-in-interest by name change to Bank of Oklahoma, N.A., a national banking association in a deed dated May 1, 2013 and recorded May 3, 2013 as Instrument No. 20130407478. 11.06.2022 43 VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village EXHIBIT B (TO MEMORANDUM OF LEASE) The Premises Lease Area A portion of the Northwest quarter of Section 13, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Town of Buckeye Brass Cap, marking the Northwest corner of said Section 13, thence South 89°48’18” East along the North line of said Section 13, 739.35 feet; THENCE departing said North line South 00°11742” West 345.24 feet to the POINT OF BEGINNING; THENCE North 90°00’00” East 30.00 feet; THENCE South 00°00’00” East 30.00 feet; THENCE South 90°00’00” West 30.00 feet: THENCE North 00°00’00” West 30.00 feet to the POINT OF BEGINNING. Said portion having an area of 900 sq.ft., more or less. Generator Compound Lease Area A portion of the Northwest quarter of Section 13, Township 1. North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Town of Buckeye Brass Cap, marking the Northwest corner of said Section 13, thence South 89°48’18” East along the North line of said Section 13, 739.35 feet; THENCE departing said North line South 00°11°42” West 345.24 feet; THENCE South 00°00’00” East a distance of 30.00 feet; THENCE South 09°28’51” East a distance of 20.28 feet to the POINT OF BEGINNING; THENCE South 90°00°00” East a distance of 26.66 feet; THENCE South 00°00’00” East a distance of 13.33 feet; THENCE North 90°00°00” West a distance of 26.66 feet; THENCE North 90°00’00” West a distance of 13.33 feet to the POINT OF BEGINNING. Access Easement A 12 foot Access Easement situated in the Northwest quarter of Section 13, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: 11.06.2022 44 VB Site [D: US-AZ-7073 VB Site Name: PHO Windmill Village Commencing at the Town of Buckeye Brass Cap, marking the Northwest corner of said Section 13, thence South 89°48’ 18” East along the North line of said Section 13, 739.35 feet; THENCE departing said North line South 00°11°42” West 345.24 feet; THENCE South 90°00°00” East 30.00 feet; THENCE South 00°00’00” East 6.00 feet to the POINT OF BEGINNING of said Access Easement, lying 6.00 feet on each side of the following described centerline: THENCE North 90°00’00” East 16.19 feet; THENCE North 00°00’00” West 225.18 feet; THENCE North 90°00’00” East 251.26 feet; THENCE North 00°11°42” East 60.05 feet to the Southerly right of way line of Yuma Road, sidelines of said easement extend or retract to said right of way line. Having a total length of 552.68 feet, more or less. Utility Easement A 3 foot Utility Easement situated in the Northwest quarter of Section 13, Township 1 North, Range 3 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Town of Buckeye Brass Cap, marking the Northwest corner of said Section 13, thence South 89°48’18” East along the North line of said Section 13, 739.35 feet; THENCE departing said North line South 00°11°42” West 345.24 feet; THENCE South 90°00’00” East 30.00 feet to the POINT OF BEGINNING of the centerline of said Utility Easement, lying 1.50 feet on each side of the following described centerline: THENCE continuing South 90°00’00” East 1.50 feet; THENCE North 00°00’00” West 48.82 feet to a point hereby designated as Point “A”; THENCE continuing North 00°00’00” West 7.58 feet; THENCE North 90°00°00” West 2.57 feet to the POINT OF TERMINUS. ALSO including the following centerline of said easement lying 1.50 feet on each side of the following described centerline: COMMENCING at the said Point “A” thence South 90°00’00” West 10.49 feet; THENCE North 36°44’55” West 6.60 feet to the POINT OF TERMINUS. Having a total length of 77.56 feet, more or less. 11.06.2022 45 VB Site ID: US-AZ-7073 VB Site Name: PHO Windmill Village