Agenda - Council - 05/13/2014 - Laserfiche WebLink

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Record and return to: J. Coleman Prewitt, Esq. SBA Monarch Towers II, LLC 5900 Broken Sound Parkway, NW Boca Raton, FL 33487 561.226.9365 SBA Site ID: MN41323-A CONFIRMATION AND MEMORANDUM OF LEASE Re: Lease with SBA Monarch Towers II, LLC with respect to certain real property (the "Property") located at 6600 Alpine Drive NW, Ramsey, MN 55303 (the "Lease"); Site Id #: MN41323-A Site Name: Alpine Park To Whom It May Concern: SBA Communications Corporation ("SBA") recently acquired ownership of Mobilitie Investments II, LLC and changed its name to SBA Monarch Towers II, LLC (your "Tenant"). Tenant's address is 5900 Broken Sound Parkway, NW, Boca Raton, FL 33487 and your address, as landlord, is 7500 Sunwood Drive, Ramsey, MN 55303. SBA is a first choice provider and leading owner and operator of wireless communications infrastructure in North and Central America. For more information regarding SBA, please visit: www.sbasite.com. Since we now own your Tenant, we would like to confirm certain matters regarding the Lease. Also, your Tenant or one of its affiliates is obtaining financing (the "Loan") from a lender (together with its successors and assigns, the "Lender"), and will be pledging its interest in the Lease as collateral for the Loan and the Lender is also requesting confirmation of certain matters regarding the Lease. We therefore request that you confirm to us, and to Lender, that the following statements are true as of the date you sign this with the understanding that we and the Lender will be relying on these confirmations: (a) The Lease was executed on June 30, 2008. The original tenant under the Lease was T-Mobile Central, LLC, a Delaware limited liability company ("Carrier"). Carrier assigned its interest under the Lease, which is now held by Tenant. (b) The real property leased by Tenant under the terms of the Lease, along with any corresponding easements granted, is described on Exhibit A attached hereto. The current term of the Lease commenced on July 14, 2008 and ends on December 31, 2014, with three (3) remaining renewal terms of five (5) years each. The terms of the Lease shall run with the land described on Exhibit A. The original Lease is on file with Tenant at 5900 Broken Sound Parkway, NW, Boca Raton, FL 33487. (c) The Lease is in full force and effect.