Full Text
RECORIHNG REQVESTED BY. AND WHEN RECORDED, RETURN TO: GRAHAM & DUl,!N PC/BUSCH Pier 70 2801 Alaskan Way- Suite 300 Seattle, WA 98121-1028 Grantor: Grantee: Parcel Number: Site Number & N arne: MEMOR4.NDUM OF LEASE City of Moscow, Idaho, a municipal corporation of the state of Idaho RCC Holdings, Inc., a Mirmesota corporation M040000 I 002A Moscow I (IDI904) This Memorandum of Lease is made by and between RCC HOLDINGS, INC., a Minnesota corporation, whose address is 3905 Dakota Street SW, P.O. Box 2000, Alexandria, MN 56308-2000 (hereinafter referred to as "Lessee"), and City of Moscow, Idaho, a municipal corporation of the state of Idaho, (hereinafter referred to as "Lessor"). RECITALS WHEREAS, Lessor and Lessee have executed that certain Wireless Communication Facility Agreement Between City of Moscow, Idaho and Rural Cellular Corporation Residence Street Water Tower ("Agreement") dated as of March 22,2005, covering certain premises ("Premises") situated on certain real property located in the County of Latah, State of Idaho, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Lessor and Lessee desire to record notice of the Agreement in the county's official records· NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows: I. Demise. Lessor has leased Premises to Lessee (together with access rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Agreement for the purpose of constructing, operating and maintaining a wireless communication facility and other improvements. AJl of the foregoing are set forth in the Agreement. 2. Expiration Date. The term of the Agreement commenced on March 22, 2005, and shall expire five years thereafter, subject to Lessee's option to extend the term for four additional terms of five successive years each. Memorandum of Lease - I - 2005-llQ ---PAGE BREAK--- 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall controL IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: City of Moscow, Idaho, a municipal co the State of!daho Memorandum of Lease LESSEE: I ! orpor 10 · , I 1 t! l! j . By Ricliard P. Ekstrand President & CEO ---PAGE BREAK--- Site Number: ID 1904 EXHIBIT A LEGAL DESCRIPTION Site Name: Moscow 1 Lessor's Property, situated in the County of Latah State of Idaho, of which the Premises are a part, is legally described as follows: Legal Description: (T).pe or copy the full /ega/ description/rom the title report, or check here 0 and attach survey as Exhibit A, Page Highland View Addition Block 1, Tax Identification Number 2154 of Lot 2 EXEMPT Memorandum of Lease ---PAGE BREAK--- LESSOR REPRESENTATIVE CAPACITY: STATE OF ) ss. COUNTY OF ) , This instrument was ckl)owledg¶d before me by MaYS\111)! , who is the iV\(;l.qc,y of \ o+ N\nsr l ' personally known to me to be the person whose nilme is subscribed to the with n instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which he acted, executed the instrument. RCC HOLDINGS' ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF DOUGLAS ) ) ss. ) (Legibly Print or Stamp Name of Notary) Notary Public in and for the p ,y\1:;.,'a"'shltiirilt!gt