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Home My WebLink About2009-374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2009-374 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF CONSENT ALLOWING T-MOBILE TO SUBLEASE SPRINT PCS'S EXISTING TOWER SPACE TO CLEAR WIRELESS, LLC, AS A CO- PLANE COLLOCATION, AND TO EXECUTE A LETTER OF CONSENT FOR SPRINT PCS, PERMITTING CLEAR WIRELESS, LLC, TO USE A PORTION OF SPRINT PCS'S LEASED AREA, ON A PORTION OF CITY OWNED PROPERTY LOCATED AT 2750 W. 2ND STREET, ALSO KNOWN AS NICHOLSON PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. 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 Consent allowing T-Mobile to sublease Sprint PCS' s existing tower space to Clear Wireless, LLC, an affiliate of Sprint PCS, as a co-plane collocation, on a portion of City owned property located at 2750 W. 2nd Street, also known as Nicholson Park, a copy of which is attached hereto as Exhibit" I" and made a part hereof. SECTION 2. 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 Consent for Sprint PCS to permit Clear Wireless, LLC, an affiliate of Sprint PCS, to use a portion of Sprint PCS' s leased area on a portion of City owned property located at 2750 W. 2nd Street, also known as Nicholson Park, a copy of which is attached hereto as Exhibit "2" and made a part hereof. III III 12/15/09 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-374 1 2 3 4 5 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER OF CONSENT ALLOWING T -MOBILE TO SUBLEASE SPRINT PCS'S EXISTING TOWER SPACE TO CLEAR WIRELESS, LLC, AS A CO-PLANE COLLOCATION, AND TO EXECUTE A LETTER OF CONSENT FOR SPRINT PCS, PERMITTING CLEAR WIRELESS, LLC, TO USE A PORTION OF SPRINT PCS'S LEASED AREA, ON A PORTION OF CITY OWNED PROPERTY LOCATED AT 2750 W. 2ND STREET, ALSO KNOWN AS NICHOLSON PARK. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j oint regular meeting thereof heldonthe 21st day of December , 20~, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x The foregoing resolution is hereby approved this C(~ /.;t. ~ City Clerk J!., ?-Y day of December , 2~. ~~S,MaYOr City of San Bernardino 12/15/09 2 ~ · · Mobile ri" National Development - Tower Asset Management 3721 Valley Centre Dr. #300; San Diego. CA 92130 October 21. 2009 . Attn: To whom it may concern City of San Bernardino 300 North D. Street San Bernardino, CA 92418 RE: IE04188A CM188 Nicholson Park T-Moblle West Corporation, Communications Site Lease Agreement Located at 2750 W. 2"" Street, Rialto, CA Dear To whom it may concern: Pursuant to Paragraph 15 of the Communications Site Lease Agreement ("Lease") dated April 4, 1996, by and between City of San Bemardlno and T-Mobile West Corporation, successor-in-interest to TMO CAlNV, flkla Pacific Bell Wireless, LLC as successor in interest to Pacific Bell Mobile Services ("T-Mobile"), T-Mobile hereby requests your written approval to sublease Sprinfs existing tower space to Clear Wireless, LLC, an affiliate of Sprint PCS Assets, L.L.C. ("Sublessee") as a co-plane collocation. The Sublessee will be bound by the terms and conditions of the Lease. Please indicate your acceptance in the space provided below and return one original of this letter to my attention in the enclosed envelope. T-Mobile has engaged the services of Md7, LLC to administer this process. Please direct any questions to me directly at catrina.kanorisll'llt-mobile.com or by phone at 858-964-7427. Thank you for your time in this matter. Yours truly, /'. , ;ii I"" r,\,. I Catrina Kangris Collocation Specialist Tower Asset Management, West T-Mobile West Corporation LESSOR CONSENT: In consideration of the terms, prOVIsions, conditions, covenants, and agreements of that certain Communications Site Lease Agreement, by and between Citv of San Bernardino and T-Mobile West Corooration, Lessor hereby agrees and consents to the above sublease, including but not limited to the uses, rights-of-way and other rights and responsibilities granted to the Lessee. City of San Bernardino By: Signature Date: (Print name if different from above) [a copy of this document shall have the same effect as an original] EXHIBIT" 1" Sprint ') Topthef wtth NEXTIL. October 29, 2009 City of San Bernardino Development Services Department Real Property Section JOONorth '~D" Stred San Berardino, CA 92418 RE: Communication Site I~a!e Allreemeot dated Ckmber 2. 200fl. bv lIod between the CITV OF SAN BERARDINO. . municinal (aroor.lion. bereinafter referred to 8S '~leJIOr" and Cox pes AuetJ.. Lt,.C.. a Delaware Limited Liability Comnany. allO known as Sorint pes. berein.rter referred to 8S "Leuet". Prouem: 2750 W. 2" Street. San Berardino. CA 92376 Dear Mr. Sandoval: In the next couple months, Sprint-Nextel intends to modify its equipment at your Property. Pursuant to Section S(b) of the above captioned communications site lease agreement, Cox PCS Assets, L.L.c., a Delaware limited liability company, also known as Sprint PCS, hereby requests Landlord's consent for the modification of Sprint's existing equipment located at the above-referenced location in order to install a new radio equipment cabinet and related accessories. Enclosed for your reference are plans depicting the proposed modification of SprintlNextel's equipment. In addition to any rights provided in the lease and the modifications requested in this letter, Tenant requests Landlord's consent to permit Clear Wireless, LLC, to participate in the use of the Site. Any grant of consent will not increase the size or amount of space being used by Tenant or Clear Wireless, LLC, under the Agreement. Please indicate your consent to this installation by signing below, signing the enclosed drawings and returning these documents to me at the address listed below. Plans are deemed accepted with L5 days of receipt, ifno written consent or request for changes is submitted. Should you have any questions or comments, please feel free to call me at (702) 580-9940. Thank you for your attention to this matter. Sincerely, Ken Stockero The Dema Group Authorized Agent for Sprint-Nextel 2121 E. Warm Springs Road, Suite 2013 Las Vegas, NV 89119 AGREED AND ACCEPTED this _ day of .2009. (Entity name if applicable) (Landlord's Name) Title (if applicable) Notice to: EXHIBIT "2" 2009-374 ~ - -Mobile-" National Development - Tower Asset Management 3721 Valley Centre Dr. #300; San Diego. CA 92130 October 21. 2009 Attn: To whom it may concern City of San Bernardino 300 North D. Street San Bernardino. CA 92418 RE: IE04188A CM188 Nicholson Park T-Mobile West Corporation, Communications Site Lease Agreement Located at 2750 W. 2"" Street. Rialto. CA Dear To whom it may concern: Pursuant to Paragraph 15 of the Communications Site Lease Agreement ("Lease") dated April 4. 1996. by and between City of San Bernardino and T-Mobile West Corporation. successor-in-interest to TMO CAlNV. flk/a Pacific Bell Wireless. LLC as successor in interest to Pacific Bell Mobile Services ("T-Mobile"). T-Mobile hereby requests your written approval to sublease Sprint's existing tower space to Clear Wireless. LLC. an affiliate of Sprint PCS Assets. L.L.C. ("Sublessee") as a co-plane collocation. The Sublessee will be bound by the terms and conditions ot the Lease. Please indicate your acceptance in the space provided below and return one original ot this letter to my attention in the enclosed envelope. T-Mobile has engaged the services ot Md7. LLC to administer this process. Please direct any questions to me directly at catrina.kanaristll!t-mobile.com or by phone at 858-964-7427. Thank you tor your time in this matter. Yours truly. /,e,i. /. Catrina Kangris Collocation Specialist Tower Asset Management. West T -Mobile West Corporation LESSOR CONSENT: In consideration ot the terms. provIsions. conditions. covenants. and agreements ot that certain Communications Site Lease Agreement. by and between City ot San Bernardino and T-Mobile West COrDoration. Lessor hereby agrees and consents to the above sublease. including but not limited to the uses. rights-ot-way and other rights and responsibilities granted to the Lessee. a~~ /'/c:,(JeeL (Print name if different from abov ) Datel!r J 0 [a copy of this document shall have the same effect as an original] 2009-374 Sprint ~ ToIttherwlth NIXftL October 29, 2009 City of San Bernardino Development Services Department Real Property Section JOONorth "0" Street San Berardino, CA 92418 RE: Communication Site Lease A2reement dated October 2. 2000. bv and betwun the CITY OF SAN BERARDINO. a munidoal corooration. hereinafter referred to as "lessor" and Cox pes Assets. L.L.C.. a Delaware Limited Liability Comoanv. also known as Sorint pes. hereinafter referred to as "Lessee". Prooertv: 2750 W. 21d Street. San Berardino. CA 92376 Dear Mr. Sandoval: In the next couple months, Sprint-Nextel intends to modify its equipment at your Property. Pursuant to Section 5(b) of the above captioned communications site lease agreement, Cox pes Assets, L.L.c., a Delaware limited liability company, also known as Sprint PCS, hereby requests Landlord's consent for the modification of Sprint's existing equipment located at the above.referenced location in order to install a new radio equipment cabinet and related accessories. Enclosed for your reference are plans depicting the proposed modification ofSprintlNextel's equipment. In addition to any rights provided in the lease and the modifications requested in this letter, Tenant requests Landlord's consent to permit Clear Wireless, LLC, to participate in the use of the Site. Any grant of consent will not increase the size or amount of space being used by Tenant or Clear Wireless, LLC, under the Agreement. Please indicate your consent to this installation by signing below, signing the enclosed drawings and returning these documents to me at the address listed below. Plans are deemed accepted with 15 days of receipt, ifno written consent or request for changes is submitted. Should you have any questions or comments, please feel free to call me at (702) 580-9940. Thank. you for your attention to this matter. Sincerely, Ken Stockero The Dema Group Authorized Agent for Sprint.Nextel 2121 E. Warm Springs Road, Suite 2013 Las Vegas, NY 89119 AGREED AND ACCEPTED this ~ay Of~, 200~O (Lan lord's Name) Tit~tiIiC~~ Notice to: .' . , 2009-374 Sprint ~ .........._NEXTlL Clear Wireless, LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone; 425-216-7600 Fax; 425-216-7900 Email: Siteleasing@clearwire.com With Copy to: Clear Wireless, LLC Attention: Legal Department 4400 Carillon Point Kirkland, W A 98033 Telephone: 425-216-7600 Fax; 425-216-7900