HomeMy WebLinkAbout902730RE CORD AT THE REQUEST OF AND
TO:
902'730
RECEIVED
LINCOLN COUNTY CLERK
(.SPACE ABOVE FOR RECORDER'S USE)
T~,. his RECOGNITION AND ATTORMENT AGREEMENT ("Agreement")is made this /'ffll~day o£
,20~, by and among Lower Valley Energy, Inc., formerly 'known as Lower Valley Power and Light, Inc.,
("Master Lessor"), with a mailing address of Post Office Box 188, Alton, Wyoming 83110; Union Telephone Company
("Lessor"), with a mailing address of Post Office Box 160, Mountain View, Wyoming 82939; and Cellular Inc. Network
Corporation d/b/a Verizon Wireless, ("Lessee"), with an address of 1 gO Washington Valley Road, Bedminster, New
Jersey 07921, Attention: Network Real Estate, with reference to the facts set forth in the Recitals below:
RECITALS
A. Master Lessor is the owner in fee of certain real property located in Afton, Lincoln County, Wyoming,
as more particularly described in Exhibit "A," attached hereto and by this reference incorporated herein ("Real
Property").
B. Master Lessor leased a portion of the Real Property to Lessor pursuant to the Lease Agreement
between Master Lessor and Lessor, dated September 27, 1993 ("Master Lease"). Lessee hereby acknowledges having
received a copy of the Master Lease.
C. Lessor and Lessee entered into a Communications Lease Agreement ("Lease"), dated February 15,
1994, for the use of certain portions of the Real Property and for the use cfa portion cfa communications tower owned
by Lessor located on the Real Property, as described in the Lease. Master Lessor hereby acknowledges having received
and reviewed a copy of the Lease.
D. Lessor and Lessee intend to enter into the First Amendment to Communications Facilities Lease
Agreement, pursuant to which Lessee will lease an alternate portion of the Real Property from Lessor, consisting of a
fifty-foot (50') by fifty-foot (50') parcel of land, containing approximately two thousand five hundred (2,500) square feet
("New Lease Parcel"). Lessee intends to install a communications tower, equipment shelter, generator and related
appurtenances on the New Lease Parcel
E. The parties desire to assure to Lessee possession of the New Lease Parcel for the entire term of the
Lease even if the Master Lease terminates prior to expiration of the Lease, upon the terms and conditions set forth below.
AGREEMENT
NOW THEREFORE, in consideration of the above Recitals, the mutual covenants and conditions below, and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
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into the Lease.
Master Lessor's Consent to the Lease. Master Lessor hereby consents to Lessor and Lessee entering
2. Recognition and Attomment. If Lessor defaults under the Master Lease, Master Lessor shall notify
Lessee of such default. Upon receipt of notice from Master Lessor, Lessee shall attorn to Master Lessor and perform all
of Lessee's obligations under the Lease directly to Master Lessor, as if Master Lessor were the original lessor under the
Lease. If and so long as Lessee is not in substantial and material default under the Lease (after notice and the expiration
of any required cure period), Master Lessor shall continue to recognize the estate of Lessee created under the Lease and
the Lease shall continue with the same force and effect as if Master Lessor and Lessee had entered into a lease on the
same terms and conditions as those contained in the Lease.
3. Lessee's Liability to Lessor. From the date Lessee attoms to Master Lessor in accordance with Section
2 of this Agreement, Lessee shall not be further liable to Lessor for performance under the Lease, and Lessor shall return
to Lessee, immediately upon Lessee's demand, any unearned (i.e., prorated) portion of any prepaid annual rent and any
other unearned sums Which Lessee prepaid to Lessor under the provisions of the Lease. Lessee shall pay any such sums
which are paid to it by Lessor to Master Lessor.
4. Termination of Master Lease. If the Master Lease is temfinated pursuant to its terms, or due to the
natural expiration of the Master Lease, provided Lessee is not in substantial and material default of the Lease (after notice
and expiration of any required cure period), Master Lessor shall succeed to the interest of Lessor under the Lease and the
Lease shall remain in full force and effect for the full tern~ thereof, including any applicable extensions. Lessee shall
attorn to Master Lessor and perform all of Lessee's obligations under the Lease directly to Master Lessor as if Master
Lessor were the original lessor under the Lease.
6. Master Lease. Master Lessor and Lessor represent and warrant to Lessee that the Master Lease is in
full force and effect, all obligations of both "Lessor" and "Lessee" thereunder have been satisfied and Master Lessor has
not given or received a notice of default pursuant to the Master Lease. In addition, Master Lessor and Lessor warrant and
covenant that they will not: (i) enter into any modification of the Master Lease which adversely affects Lessee's rights
under the Lease, or (ii) take any action or do or perform any act or fail to perform any act which would result in the
failure or breach of any of the covenants, agreements, terms, provisions or conditions of the Master Lease.
7. Miscellaneous.
a. No Effect on Master Lease. Nothing in this Agreement shall be deemed to change in any
manner the provisions of the Master Lease as between Master Lessor and Lessor or to waive any right that Master Lessor
may now have or later acquire against Lessor by reason of the Master Lease. Master Lessor and Lessor expressly agrees
that any provision !n the Master Lease inconsistent with any of the terms and conditions of the Lease, shall not apply to
the Lease, and shrill have no force and effect between Lessee and Master Lessor and/or Lessor. In the event there is a
conflict between the Master Lease and the Lease, as between Master Lessor and Lessee, or Lessor and Lessee, the Lease
shall control.
b. Attorney's Fees. If any party commences any action against any other party arising out of or
in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party (or parties as the
case may be) reasonable attorney's fees together with its reasonable costs and expenses of suit.
c. Notices. Any notice, demand, request, consent, approval, or communication which any party
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is required to give to any other party hereunder shall be in writing and either sent by certified United States mail or via
recognized overnight courier service, addressed to the other party at the address set forth in the introductory paragraph of
this Agreement. Any party may change its address by notifying the other parties of the change of address. Notices shall
be deemed communicated only upon receipt.
d. SuccesSors. This Agreement shall be binding upon, and shall inure to the benefit of, the
parties and their respective successors and assigns.
e. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Wyoming.
f. Conflict. In the event of any conflict between the provisions of this Agreement and the
provisions of the Lease, the provisions of this Agreement shall control.
g. Recording. This Agreement shall be recorded upon the request of any party hereto.
1N WITNESS WHEREOF, the parties have duly executed this Recognition and Attomment Agreement on the
day and year in'st above written.
MASTER LESSOR:
LOwer Va~~ y, Inc.
By: / ~,/,~, ~~~
Name/ ,/ Ja[nes R. Webb
Title:C//' President
Date:
LESSOR:
Title: /// Vice President
Date: /
LESSEE:
Cellular Inc. Network Corporation
d/b/a V erizon Wire, ss
By:
Name: Robert [¢.
Title: West Area Vice President, Network
Date:
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STATE OF WYOMING r ) '
COUNTY OF /--[ OZ.- )
The foregoing instrument was acknowledged before me this/59 day oh
by James R. Webb as the President of and on behalf of Lower Valley Energy, Inc.
Wimess my hand and official seal.
My commission expires: ~<. /7(,~ ~.
Nota~ Public
/
20 0z//,
STATE OF WYOM1NG )
COUNTY OF ~/.~/272 /z'2~) )ss.
The foregoing instrument was acknowledged before me th~day of
by John G. Woody as the Vice President of and on behalf of Union Tele pho]e C%./~'~imy, In~
Witness my h.~o. tt,~li~ official seal
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STATE OF ARIZONA )
) SS.
COLrNTY OF MARICOPA )
On this / day of~, 20 ~/, before me, the undersigned, a Notary Public in and for the State of
Arizona, duly con~nissioned and sworn, PersOnally appeared Robert F. Swaine to me known to be an authorized
representative of Cellular Inc. Network Corporation d/b/a Verizon Wireless, the corporation that executed the foregoing
instrument, and acknowledged said instrument to be the free and vohmtary act and deed of Cellular Inc. Network
Corporation d/b/a Verizon Wireless for the uses and purposes therein mentioned, and on oath stated that he is authorized
to execute the said instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above
Print or Ty~ ~ame: JANET LOEBS
Notary Public in and for tim State of AZ, residing at
MARICOPA COUNTY
My appointment expires: DEC. 24, 2006
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Exhibit & _
(Legal Description)
Parcel 1
Part of Section 13, T33N Rll9W of the 6th P.M., Lincoln County, Wyoming,
being more particularly described as follows:
BEGINNING at a point which is 35 rods S 55° W from the Nor[heast corner
ofthence the WestNW~ANE~32-'°f'saidrods; Section 13 and running thence South 15 rods;
thence North 15 rods;
thence East 32 rods to the PLACE OF BEGINNING.
Parcel 2
COMMENCING at the quarter section corner common to Section 13, T33N
RII9W of the 6th P.M., Lincoln County, Wyoming with Sec[ion 18 T33N
Rll8W of the 6th P.M., Lincoln County, Wyoming, being a brass cap and
iron pipe monument; Thence N 00°50,00" W, 2633.81 Feet along the Section
line common to said Sections 13 and 18 to the Section corner common to
Sections 12 and 13, T33N Rll9W of the 6th P.M., Lincoln County, Wyoming
with Sections 7 and 18, T33N RllSW of the 6th P.M., Lincoln County,
Wyoming being found a stone monument;
thence S 78027,37" Wj 1655.81 feen to the POINT OF BEGINNING, the
northeasterly corher of a parcel of land for the enlargement of
a communications parcel to serve Lower Valley Energy, being a
3 inch diameter brass cap and iron monument set this survey;
thence S 00000,00" E, 433.50 feen to a 3 inch diameter brass cap
and iron bar monument;
thence S 90000,00" W, .704.00 feet to a 3 inch diameter brass cap
and iron bar monument;
thence N 00000,00" W, 186.00 feet to the southwesterly corner of an
existing Lower Valley Energy parcel, a found 3 inch diameter
brass cap and iron bar monument;
thence N 90000,00" E., 528.00 feet along the southerly boundary of
an existing Lower valley Energy parcel to a found 3 inch
diameter brass cap and iron bar monument;
thence N 00o00,00,, W, 247.50 feet along the easterly boundary of an
existing Lower Valley Energy parcel to a found 3 inch diameter
brass cap and iron bar monument;
thence N 90000,00" E, 176.00 feet to the POINT OF BEGINNING.
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