HomeMy WebLinkAboutUnison Site Management - 815 E. Nees - Easement - 2014I .-'' * !(J /-'!!;l^J
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Prepared by:
Robert W. Mouton
Locke Lord LLP
601 Poydras Street, Suite 2660
New Orleans, LA 70130
LL File: #0590924.06142
Record and Return to:
Dione Carter
Fidelity National Title lnsurance Company
7130 Glen Forest Dr¡ve, Suite 300
Richmond, VA 23226
Phone: 1.804.267.2049
Fax: 1.804.267.2330
File: # 18833244
Unison Site: # 255798
WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT
THIS WIRELESS COMMUNICATION EASEMENT AND ASSIGNMENT AGREEMENT ("Agreement")
is made as of the of August, 2014 ("Effective Date"), by and between City of Fresno, a Catifo-ia rrn niciput
corporation, who is 2600 Fresno Street,2nd Floor, Fresno, California 937i1 ("Site Owner") and Tl4 Unison
Site Management LLC, a Delaware limited liability company, whose address is P.O. go* 195t, Frederick, Maryland21702 ("Unison")' All references hereafter to "lJnison" and "site Owner" shall include their respective Leirs,
successors' personal representatives, lessees, licensees and assigns (Unison and Site Owner, collectively, ,,pafties',).
RECITALS
WHEREAS, Site Owner is the owner of that ceftain properly (the "Propetv") located in the City of Fresno,
and County of Fresno, in the State of California, having a street address of 815 E. Nees Avenue, Fresno, California
93720, and which Properly is more pafticularly described on Exhibit A attached hereto.
\ilHEREAS, the effective date of this Agreement is the earlier of the date this Agreement is recorded ofpublic record or the funding date ("Effective Date,').
NO\ry, THEREFORE, for and in consideration of the sum of Ten andNo/100 Dollars and other good and
valuable consideration, the receipt and sufficiency of which Site Owner does hereby acknowledge and gran-t Unisonfull discharge and acquittance therefor, Site Owner and Unison agree to the following:
L Grant of Easement.
(a) Site Owner grants, bargains, sells, transfers and conveys to Unison:
(i) an exclusive easement in, to, under and over the portion of the Property substantially as shown
and/or described on Exhibit B-l ("Communication Easement") for the transmission and reception of any and
all wireless communication signals and the construction, maintenance, repair, replacement, improvement
operation and removal of towers, antennas, buildings, fences, gates, generators and related facilities
(collectively, "Facilities") and any related activities and uses including those necessary for Unison to comply
with its obligations under the agreements listed on Exhibit C ("Existing Asreements") together with the right
to enter the Property and access the Easements described below, without notice to Site Owner, twenty-four
(24) hours a day, seven (7) days a week, as may be required in connection with the activities and uses
described in this Agreement, and
(ii) a non-exçlusive easement in, to, under and over poftions of the Property substantially as shown
and/or described on Exhibit B-2 ("Access and Utility Easements;" Communication Easement and Access and
Utility Easements, collectively "EA!.gnqçnI!") for ingress and egress to and from the Communication
Easement and a publicly dedicated roadway, and for the installation, repair, replacement, improvement,
maintenance and removal of utilities providing service to the Communication Easement and the Facilities,
and any related activities and uses.
(b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of the
Properly leased by Site Owner under the Existing Agreements, and (ii) the portion of the Property upon
which any Facilities are located on the Effective Date.
2. Assignment of Existing Agreements. Site Owner transfers and assigns to Unison, as of the Effective Date, all of
its right, title and interest in, to and under the Existing Agreements, including without limitation, all rents, security
deposits and other monies due the Site Owner specified therein. The Parties intend that this Agreement serve as an
absolute assignment and transfer to Unison of all rents and other monies due the Site Owner pursuant to the Existing
Agreements. Unison assumes the obligations and liabilities of Site Owner under the Existing Agreements only to the
extent that such obligations and liabilities (a) are not the responsibility of the Site Owner pursuant to the terms of this
Agreement; and (b) accme on or after the Effective Date,
3. Use of Easements. Consistent with the uses set forth in Section I above, Unison shall have the right to lease,
license, transfer or assign, in whole or in part, or permit the use of the Easements and/or its rights under this
Agreement by any third pafties including communication service providers or tower owners or operators, and any
lessee or licensee under the Existing Agreements and the affiliates, agents, contraçtors, invitees and employees of
Unison andlor Unison's present or future lessees or licensees (collectively, "Customers").
4. Term. This Agreement and the Easements shall be perpetual commencing on the Effective Date.
Notwithstanding the foregoing, in the event Unison and Customers voluntarily cease to use the Easements (as defined
in Section I ) for a period of more than fìve years (for reasons other than casualty, condemnation or Act of God), the
Easements shall be deemed surrendered. Unison may surrender the Easements for any reason or aI any time by giving
thirly (30) days' notice to Site Owner. Upon surrender, this Agreement shall be terminated, and Unison and Site
Owner shall execute and record such documents reasonably required to terminate the Easements. This Agreement
may not be terminated by Site Owner.
5, Improvements; Utilities. Unison and its Customers, may, at their discretion and expense, construct such
improvements in, to, under and overthe Easements, consistentwith the uses specifìed in Section l, all of which shall
be deemed part of the Facilities. The Facilities shall remain the property of Unison and its Customers, as applicable,
and Site Owner shall possess no right, title or interest therein. In the event that utilities necessary to serve the
Facilities cannot be installed within the Easements, Site Owner agrees to cooperate (at no cost to Site Owner) with
Unison and to act reasonably and in good faith in granting Unison the right to locate such utilities on the Property
without requiring the payment of additional fees. If necessary, Site Owner shall, upon Unison's request, execute and
record a separate written easement with Unison or with the utility company providing the utility service to reflect such
right. Site Owner hereby irrevocably constitutes and appoints Unison as its true and lawful attorney-in-fact, with full
power of substitution and resubstitution, to apply for and obtain any and all licenses, permits, consents or approvals
which may be required in connection with the use of the Easements by Unison and as necessary to comply with
applicable laws, statutes or regulations.
6. Taxes. Site Owner acknowledges that a portion of the purchase price delivered by Unison to Site Owner is for
and in consideration of the continuing obligation of Site Owner to pay, on or before the due date, all present and future
real property taxes, transfer taxes, penalties, interest, roll-back or additional taxes, sales and use taxes and all other
fees and assessments, regardless of tbe taxing method (the "Taxes") attributable to the Properfy, this Agreement and
the Easements. Without limiting the foregoing, except to the extent Taxes are the obligation of tenants under the
Existing Agreements, Site Owner shall be solely responsible forthe payment of such Taxes, Within ten (10) days of
receiving a request from Unison, Site Owner shall fumish to Unison a copy of each bill for any such Taxes and
evidence of Site Owner's payment of such bill. In the event that Site Owner fails to pay any Taxes when due, Unison
shall have the right, but not the obligation, to pay such Taxes on behalf of Site Owner. Site Owner shall reimburse
Unison for the full amount of such Taxes paid by Unison on Site Owner's behalf within five (5) business days of Site
Owner's receipt of an invoice from Unison.
7. Prope4y Maintenance and Access. Site Owner agrees to maintain the Properfy. Without limiting the foregoing,
except to the extent maintenance is the obligation of tenants under the Existing Agreements, Site Owner shall be
solely responsible for the maintenance of the Properfy, Site Owner agrees to provide Unison and its Customers access
to and from the Easements and all other space in the Property consistent with the grant of the Easements set forth in
Section I above, twenty-four (24) hours a day, seven (7) days a week.
8. Representationsl Other Covenants of Site Owner, Site Owner represents, warrants and agrees that: (a) it is the
legal owner of indefeasible and marketable title to the PropeÉy with the rìght, power and authority to enter into this
Agreement and to grant the Easements to Unison, and any consents and authorizations required in connection with the
execution and delivery of this Agreement have been obtained; (b) except for the Existing Agreements and as disclosed
on ExhibitD, no leases, mortgages, deeds of trust or other encumbrances affectthe Properly as of the Effective Date,
(c) Site Owner will comply with all govemmental laws, rules and regulations applicable to the Properfy; (d) Site
Owner has delivered to Unison true, correct and complete copies of the Existing Agreements, and, to Site Owner's
best knowledge, no parfy is in default of any of their respective obligations under the Existing Agreements; (e) no
palty under the Existing Agreements has advised of any intention to exercise, nor have they exercised, any right of
early termination set forth in its Existing Agreements, and further, no parfy has requested a reduction in the rental
amount or escalator due under the Existing Agreements; (f) Site Owner has no past or current claims for utilities, taxes
or other charges against tenants under the Existing Agreements; (g) Site Owner hereby waives all claims against said
tenants and Unison for reimbursement of any future charges or expenses paid by Site Owner on behalf of Unison or
said tcnants unless Site Owner forwards evidence of the charge or expense and payment thereof for reimbursement
within twelve (12) months of the date incurred; (h) as of the Effective Date, Site Owner shall not, without the prior
written consent of Unison, amend or modi$r the Existing Agreements in any respect or exercise any rights granted by
Site Owner to Unison under this Agreement, including, without limitation, any and all rights and remedies of Site
Owner under the Existing Agreements; (i) notwithstanding anything to the contrary in this Agreement, Site Owner
shall comply with all obligations of the lessor under the Existing Agreements which relate to the use, ownership and
operation of the Property; and O Site Owner shall not use nor permit its affiliates, licensees, invitees or agents to use
any portion of the Property or any other property owned or controlled by Site Owner, either directly, indirectly or by
action or inaction, in a manner which in any way could result in default of the Existing Agreements or otherwise
interfere with the operations of Unison and/or any Customers.
9. Environmental Covenants and Indemnity, Site Owner represents that it has not permitted or engaged in the use
of, and has no knowledge of, any substance, chemical or waste (collectively "substançe") located on, under or about
the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Neither Site Owner nor Unison will introduce or use any such Substance on, under or about the Property
in violation ofany applicable law or regulation. No underground storage tanks for petroleum or any other Substance,
or underground piping or conduits, are or have previously been located on the Property, and no asbestos-containing
insulation or products containing PCB or other Substances have been placed anywhere on the Properly by Site Owner
or, to Site Owner's knowledge, by any prior owner or user of the Property. Site Owner and Unison shall each defend,
indemnifu, protect and hold the other parly harmless from and against all claims, costs, hnes, judgments and
liabilities, including attorney's fees and costs, arising out of or in comection with the presence, storage, use or
disposal of any Substance on, under or about the Properly caused by the acts, omissions or negligence of the
indemnifing party and their respective agents, contractors and employees; provided nothing herein shall constitute a
waiver by Site Owner of governmental immunities including California Government Code section 810 et seq. The
foregoing indemnity shall survive any termination of this Agreement.
10. Gq9fal_l¡_dqU]]U. In addition to the Environmental Indemnity set forth above, Site Owner and Unison shall
each indemnifl, defend and hold the other harmless against any and all costs (including reasonablç attorney's fees)
and claims of liability or loss arising (a) due to the breach of any representation, warranty or covenant of such
indemnifying parfy set forth herein; and (b) out of the use and/or occupancy of the Property and Easements by the
indemnifying parly; provided nothing herein shall constitute a waiver by Site Owner of govemmental immunities
including Califomia Government Code section 810 et seq. This indemnity shall not apply to any claims to the extent
arising from the gross negligence or intentional misconduct of the indemnified parfy. Unison agrees that this
Agreement shall in no way abrogate or waive govemmental immunities available to Site Owner including but not
limited to the Tort Claims Act of the state of California
ll.@.UnisonhastheunrestrictedrighttoaSSign,mortgageorgrantasecuriryinterestin
all of Unison's interest in and to this Agreement and the Easements, and may assign this Agreement and the
Easements to any such assignees, moftgagees or holders of security interests, including their successors and assigns
("Secured Part)¡" or, collectively, "Secured Parties"). Site Owner agrees to notifl Unison and Secured Parties
(provided Unison has given Site Owner notice and contact information of Secured Parties) simultaneously of any
default by Unison and give Secured Parties the same right to cure any default. If a termination, disaffìrmation or
rejection of this Agreement shall occur, pursuant to any laws (including any bankruptcy or insolvency laws), Site
Owner will notifl Secured Parties (provided Unison has given Site Owner notice and contact information of Secured
Patlies) promptly and Site Owner shall enter into a new easement agreement with any such Secured Parfy upon the
same terms of this Agreement, without requiring the payment of any additional fees. If any Secured Parly shalì
succeed to Unison's interest under this Agreement, such Secured Party shall have no obligation to cure and no liability
for any defaults of Unison accruing prior to the date that such Secured Party succeeds to such interest, but Unison
shall remain liable for any such defaults. Site Owner will enter into modifications of this Agreement reasonably
requested by any Secured Party. Site Owner hereby waives any and all lien rights it may have, statutory or otherwise,
in and to the Easements and/or the Facilities or any portion thereof.
12. E¡lqppgleçftifigalg. At any time during the term hereof, each parfy shall have the right to deliver to the other a
statement of such party certifling: (i) that this Agreement is unmodified and in full force and effect (or, if there have
been modifications, stating the modifications and that the modifìed Agreement is in full force and effect); (ii) whether
or not, to the best knowledge of the responding parfy, the requesting pafry is in default in performance of any of its
obligations under this Agreement, and, if so, specif ing each such default; (iii) that there are no amounts due to the
responding parly from the requestin1 parly, and (iv) any other information reasonably requested conceming this
Agreement (the "Estoppel Certificate"). In the event the responding parfy fails to dispute the Estoppel Ceftificate by
delivery to the requesting party of a notice specif,ing the nature and circumstances of any matter in the Estoppel
Ceftificate that is disputed by the responding party within ten (10) days of receipt of the EstoppelCertificate, then all
matters specified in the Estoppel Certificate shall be deemed true and conect, and the Estoppel Certificate shall
thereafter be binding on the Pafties, Secured Parly or any pafi designated by the requesting party, and all of such
parties may thereafter rely on the Estoppel Certificate as a conclusive statement of fact by the responding party as to
the matters set forth therein.
13. Additional Customers. It is the intent of the Parties to encourage the addition of Customers to the Property
throughout and after the term hereof. Site Owner hereby irrevocably constitutes and appoints Unison as its true and
lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses
and/or other agreements of use with Customers having a duration beyond the term of this Agreement. Site Owner
ratifies and acknowledges the right of Unison to enter into such agreements, and the Property and Site Owner will be
bound by such agreements throughout and after the termination of this Agreement for any reason, Site Owner
acknowledges that all such agreements entered into by Unison shall survive the termination of this Agreement for any
reason. Site Owner agrees that it shall not, directly or indirectly, diveÍ or solicit the business of any of Unison's
Customers on behalf of itself or on behalf of any third party. Unison shall have a right of first refusal to acquire, on
the same terms and conditions offered by or to a third party, any interest in the Property or any porlion thereof being
transferred by Site Owner for wireless communication purposes such as described in Section I above. Site Owner
shall, prior to granting or transferring such interest, notif Unison with a copy of the offer including the price and
terms thereof. The foregoing is a continuing right in favor of Unison and shall not be extinguished by Unison's
exercise or non-exercise of such right on one or more occasions. Upon the grant or transfer of the Property, or any
porlion thereof, to a third party, Site Owner shall immediately notifl Unison in writing of such grant or transfer, with
the name and address ofthe purchaser.
14, C¡rrll9-rugjiq!. In the event of any condenìnation of the Easements in whole or in part, Unison shall be entitled
to file claims against the condemning authority for, and to receive, the value of the porlion of the Property so taken on
which the Easements are located, business dislocation expenses and any other award or compensation to which
Unison may be legally entitled. Site Owner hereby assigns to Unison any such claims and agrees that any claims
made by Site Owner will not reduce the claims made by Unison.
15. Cove nant Running wi . The provisions of and covenants contained in this Agreement shall run with
the land and shall bind and inure to the benefit of the Parties and their respective successors, heirs and/or assigns as
their interests may appear,
16. Dispute Resolution.
(a) If Unison fails to perform any of its obligations under this Agreement, Site Owner agrees to notif, Unison
and any Secured PaIlies, provided Unison has given Site Owner notice and contact information of Secured
Parties, in writing of any default by Unison, and to give Unison and/or any Secured Parties the right to cure any
default within a period of not less than sixty (60) days from Unison's receipt of the written default notice. If
Unison or any Secured Parties shall fail to cure any default in accordance with this Section, Site Owner agrees
that its only remedies for such default shall be specif,rc performance or damages. Any and all damages for which
Site Owner may be compensated is limited to the actual damages of Site Owner and Unison's liability shall be
limited to its interest in the Property. In the event that any dispute or claim arises that could impair the use or
possession of the Facilities by Unison or its Customers, Unison shall have the right to seek injunctive relief,
without the necessify of posting a bond.
(b) Except as set forth in Section l6(a), in the event of any dispute arising out of this Agreement, the following
dispute resolution process shall be followed: (i) upon a party's written notice of dispute to the other parly, an
authorized representative of the Site Owner and Unison shall, through a good faith negotiation, attempt to settle a
written resolution within thirry (30) days and (ii) if such negotiation attempts fail, the pafies must participate in
non-binding mediation before either pafty may initiate litigation. The parties shall mutually select, in writing, a
mediator with at least 5 years experience. The pafties shall share the mediator's fees equally. In the event the
parties are unable to reach a mutually acceptable resolution of the Claim within 20 working days of the state of
the mediation, unless extended or otherwise terminated by written mutual agreement of the parties, mediatìon
shall terminate. Any settlement reached must be in writing and is subject to approval by the City Manager or City
Council consistent with Cify laws and policies. If the dispute continues after exhausting all aforementioned
measures, litigation may be initiated. The prevailingparty, in any proceedings under this Scction 16, shall be
entitled to recover all costs incurred in connection therewith, including legal fees.
lT.NAIiçgs, All notices, requests, demands and other communications hereunder shall be in writing and shall be
deemed given one (l) business day after posting with a nationally recognized overnight courier service, or the earlier
ofreceipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses ofsite
Owner and Unison set forth on the signature page. Either party may change its notice address by providing a new
recipient name and address by notice as set forth in this paragraph.
18. Mjsççlþ¡csu!. (a) This Agreement and all Exhibits attached hereto constitute the entire agreement and
understanding of Site Owner and Unison with respect to the subject matter of this Agreement, and supersedes all
offers, negotiations and any other written or verbal agreements; (b) any amendments to this Agreement must be in
writing and executed by both parties; (c) this Agreement is governed by the laws of the State in which the Property is
located; (d) venue for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be in Fresno County, California; (e) if any term of this
Agreement is found to be void or invalid, such provision shall be fully severable herefrom and such invalidity shall
not affect the remaining terms of this Agreement, which shall continue in full force and effect, and this Agreement
shall be reformed and construed as if such invalid provision had never been contained herein, and if possible, such
provisions shall be reformed to the maximum extent permitted under applicable law to render same valid, operative
and enforceable to reflect the intent of the Parties as expressed herein; (f) upon the request of Unison, Site Owner shall
execute a Memorandum of this Agreement and such plats or surveys as deemed reasonably necessa.ry by Unison for
recordation in the public records of the County in which the Properfy is located; (g) the paragraph headings of this
Agreement have been inserted for convenience of reference only, and shall in no way modif, or restrict tha terms of
this Agreement; (h) Site Owner acknowledges that Unison has not provided any legal or tax advice to Site Owner in
connection with the execution of this instrument; and (i) this Agreement may be executed in any number of
counterparts, each of whish shall, when exçcuted, be deemed to be an original and all of which shall be deemed to be
one and the same instrument.
ISTGNATURE PAGE FOLLO\ryI
IN WITNESS WHEREOF,
above.
..UNISON'':
TI4 U SITE MANAG
aDe
By:
Authori Signatory
Address:
Tl4 Unison Site Management LLC
P.O. Box l95l
Frederick, Maryland 217 02-09 5 1
Tel: (646) 4s2-5455
Fax: (301) 360-0635
Attachments: ExhibitA, Legal Description of Properfy
Exhibit B-l, Communication Easement
Exhibit B-2, Access and Utility Easements
Exhibit C, Existing Agreements
Exhibit D, Title Encumbrances
the parties hereto have executed this Agreement as of the date first written
"SITE OWNER'':
LLC, CITY OF FRESNO,
a California municipal corporation
By
Citv of Fres
Attention: ¡t Ch,)
2600 Fresno Sireet, 2nd Floor
By:
Name: Bruce Rudd
Title: City Manager
Name: Kerri L. Donis
Title: Fire Chief
ATTEST:
YVONNE SPENCE, CMC
APPROVED AS TO FORM:
City A
By:
M. Collet
Address:
Fresno, Ca
Tel: (559)
City Clerk
8{zàlutf
Deputy City Attorney
STATE OFNEWYORK
COTINTY OFNEV/YORK
On the 29th day of July in the year of 2014, before me, the undersigned, a Notary Public in and for said state,
personally appeared James R, Holmes, Authorized Signatory of T14 Unison Site Management LLC, personally known
to me or proved to me on the basis of satisfactory evidence to be the individual'whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacily, and that by his
signature on the instrument the individual or the entity upon behalf of which the individual acted, executed the
instrument.
WITNESS my hand and ofñcial seal.
Þ=-l,h'z--
My Commission Expires:
Commission Number:
State of California
his r/thlir signature(¡) on the instrument the person(F\, o, 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.
WITNESS my hand and official seal.
Signature (Seal)
EMMA L, BAKEF
NOTARY PUELIC . OAUFORNIA
coMMlgf¡loN # 1fß4930
FRESNO COUNTY
My Comm. ElP. MeY 31' æ15
State of California
County ofFresno
acknowledged to me that þelshe y executed the same in þtslherlthztr authorized capacity(ies), and that by
htßlherlt r signatureþ) on the instrument the person(a), 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.
WITNESS my hand and official seal.
Signature (Seal)
EMMA L. tsâKT¡t
NOTAFY PUgtIC - CAUFONi¡|A
COMI||ES|ON # t934ss0
ÊRË8NO Cq'NTY
fily ôomm. ÞÞ. l¡lâY 9r,2015
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
l0
EXHIBIT B.I
COMMUNICATION EASEMENT
That portion of the Properfy on which any Facilities exist on the date of this Agreement, togetherwith the portion of
the Properfy leased by Site Owner under the Existing Agreements, and the porlion of the Property described as
follows:
Commencing from the southeast corner of the Property and Point of Beginning; thence North, along the eastern
boundary of the Property, a distance of 55,00 feet; thence West, a distance of 20.00 feet; thence South, a distance of
20,00 feet; thence West, a distance of 40,00 feet; thence South, a distance of 35.00 feet to a point on the southem
boundary ofthe Property; thence East, along the southern boundary ofthe Property, a distance of60.00 feet to the
Point of Beginning.
Containing 2,500.00 square feet or 0.0574 acres, more or less.
Site Owner herein agrees that this legal description may be substituted atalater date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed and Approved:
Site Owner:
City of Fresno
B
N erri L. Don
Title:Fire Chief
oate: UIy 21 ,2014
4"t
Name: Bruce Rudd
Title: Cìty.Manager
Unison:
uthorized Signatory
ly 29,2014
lt
EXHIBIT B-2
ACCESS AND UTILITY EASEMENTS
That portion of the Properfy on which any Facilities exist on the date of this Agreement or provided by Site Owner
under the Existing Agreements for access and utility providers, including the following:
All rights of ingress and egress across the Property, more fully described on Exhibit A hereof, to and from the
Communication Easement described in Exhibit B-1 hereof, providing access to a publicly dedicated roadway,
including but not limited to N, Bond Street (hereinafter the "Access and Utility Easement"), along with the right to
use said Açcess and Utility Easement for the development, repair, maintenance and removal of utilities providing
service to the Communication Easement and the Facilities, as dehned herein, and any related activities and uses.
Site Owner herein agrees that this legal description may be substituted aL a later date upon presentation of a survey of
the property more clearly defining the location thereof.
Agreed and Approved:
Site Owner:
City of Fresno
By:
Title:
Date:
Fire Chief
.¡t4 'þS,zot+lrt
Name: Bruce Rudd
Title: City$aîager
ly 29,2014
t2
EXHIBIT C
EXISTING AGREEMENTS
Site Owner assigns and transfers to Unison, as of the effective date herein, all of its right, title and interest in, to and
under any existing lease agreements, and any amendments, transfers, modifications and/or assignments thereof,
affecting any portion of the Property leased by Site Owner under any Existing Agreements, including, without
limitation, the following:
That certain License Agreement dated April 21, 1993, by and between the City of Fresno, as lessor, and Contel
Cellular of California, Inc., as lessee, as assigned by that certain Assignment and Assumption Agreement dated
June 1, 2001, by and between Cellco Partnership (successor as sole member upon dissolution of GTE Wireless
Holdings LLC, successor by merger to GTE Mobilnet of Central California Incorporated; successor by name change
to Contef Cellular of California, Inc.), as assignor, and Fresno MSA Limited Partnership dhlaYerizon \ùy'ireless, as
assignee, as thereafter assigned by that certain Assignment and Assumption Agreement dated June 13,2001, by and
between Fresno MSA Limited Partnership d/b/a Verizon Wireless, as assignor, and Crown Castle GT Company LLC,
as assignee, recorded on February 27,2003 under Instrument No. 2003-0045715, as disclosed by that certain
Agreement and Memorandum of License dated July 75,2002, by and between The City of Fresno, as licensor, and
Crown Castle GT Company LLC, as licensee, recorded on December 30,2002 under Instrument No. 2002-0237094,
all in Offlcial Records of Fresno County, California, and as amended by that certain First Amendment to License
Agreement dated April 1 5, 2010, by and between the City of Fresno, as lessor, and Crown Castle GT Company LLC,
as lessee.
Site Owner hereby authorizes Unison to replace this Exhibit C if information becomes availabìe to more accurately
describe the agreement(s) listed above, and upon delivery to Site Owner, such revised Exhibit C shall be deemed to be
the final agreement between the Parties with respect to this Exhibit.
Agreed and Approved;
Site Owner:
City of Fresno
By;
Nam
NamezKerri L, Doñis
Title: Fire Chief
Date:,þA _z-3,ZOt+
Aut
LLC
Authorized Signatory
July 29,2014
l3
EXHIBIT D
TITLE ENCUMBRANCES
t4