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2009-310
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RESOLUTION NO. 2009-310
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LETTER OF ACKNOWLEDGEMENT CONSENTING TO THE
ASSIGNMENT OF THE LEASE OF A PORTION OF CITY OWNED PROPERTY
LOCATED AT ANNE SHIRRELLS PARK, WITH OMNIPOINT
COMMUNICATIONS, INC., A SUBSIDIARY OF T-MOBILE USA, INC., TO
MOBILITIE INVESTMENTS II, LLC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. That the City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, a Letter of Acknowledgement consenting to the
assignment of the Lease of a portion of City owned property located at Anne Shirrells Park, with
Omnipoint Communications Inc., a subsidiary ofT-Mobile USA, Inc., to Mobilitie Investments II,
LLC, a copy of which is attached hereto as Exhibit" I" and made a part hereof.
III
III
09/01/09
2009-310
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
LETTER OF ACKNOWLEDGEMENT CONSENTING TO THE ASSIGNMENT OF THE LEASE OF A
PORTION OF CITY OWNED PROPERTY LOCATED AT ANNE SHIRRELLS PARK, WITH
OMNIPOINT COMMUNICATIONS, INC., A SUBSIDIARY OF T-MOBILE USA, INC., TO MOBILITlE
INVESTMENTS II, LLC.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof
held on the 8th
day of September
, 20~, by the following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER x
BRINKER x
SHORETT x
x
KELLEY
JOHNSON x
MCCAMMACK x
~~h.~
The foregoing resolution is hereby approved this 9"''' day of September
,20~.
or
Approved as to form:
.~
1 ES F. PENMAN
. y Attorney
09/0 t /09
2
2009-31Q
~ · .Mobile.'
T-Mobile USA. Inc.
12920 SE 38th Street. Bellevue. WA 98006
August 26, 2009
SENT BY CERTIFIED MAIL
City of San Bernardino
Development Services Department - Real Property Section
300 N D Street
San Bernardino, CA 924 I 0
Re: Lease Site # 1E24775B ("Lease") dated 8/18/2008 is by and between City of San Bernardino, a
municipal corporation ("Landlord") and T-Mobile West Corporation successor-in-interest to Omnipoint
Communications, Inc., a Delaware corporation, a subsidiary ofT-Mobile USA, Inc., a Delaware corporation
("T-Mobile")
Dear Sir:
T-Mobile and Mobilitie Investments II, LLC ("Mobilitie") have entered into a business relationship in which
Mobilitie will acquire T-Mobile's ownership interest in cenain cell sites. Specifically, we have agreed to the transfer of the
T-Mobile cell site on your propeny to Mobilitie as pan of that business relationship. To do so, the Lease will be assigned
from T-Mobile to Mobilitie. Please be aware that T-Mobile will continue to remain on the cell site and will be responsible
for maintaining the ground space it uses.
Upon and from the date of assignment, Mobilitie will assume all obligations and responsibilities of the Lease.
Although T-Mobile will be released rrom all Lease Iiabitities and obligations subsequent to such assignment of the Lease, T-
Mobile will remain responsible for any liabilities prior to the date of the assignment.
T-Mobile and Mobilitie seek your consent to the assignment of the Lease from T-Mobile to Mobilitie. and to release
T-Mobile rrom all Lease liabilities and obligations subsequent to such assignment of the Lease. Please sign below to indicate
your consent and release and return to: Jennifer J'arrish - T-Mobile 12920 SI-: 38'h Street Bellevue, WA 98006. We will
send you notice of the actual date of assignment when it occurs. Upon the assignment, Mobilitie will contact you directly to
ensure all of your lease infonnation is still current. If you have any questions about this request, please contact Brent
Kimball at Mobilitie directly at Brent@mobilitie.com or (303) 359- t 505.
Sincerely, )W-.
Scott McNees
National Construction Manager
T-Mobile USA
Brent Kimball
Director, Network Strategy
Mobilitie
q j,~/O '7
, ,
Dated:
CC:
EXHIBIT I