2010-4812/9/2010 9 0
RESOLUTION NO. 2010- 48
A RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT TO
ASSIGNMENT OF T- MOBILE CENTRAL, LLC. SITE LEASE TO MOBILITIE
INVESTMENTS II, LLC.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village of Buffalo Grove previously adopted Ordinance No. 2010 -29 for the purpose
of approving a special use for a telecommunications tower and antenna for T- Mobile Central, LLC.; and
WHEREAS, the Village of Buffalo Grove previously adopted Resolution No. 2010 -22 approving the
execution of a Site Lease between the Village of Buffalo Grove and T- Mobile Central, LLC for the
telecommunications tower and antenna located on the Village Campus ( "Site lease "); and
WHEREAS, Section 17(a) of the Site Lease allowed T- Mobile Central, LLC. to assign the Site Lease
upon the Village's written consent; and
WHEREAS, the Village has received a written request from T- Mobile to assign the Site Lease to
Mobilitie Investments 11, LLC., and for the Village's consent to said assignment, which written request is
attached hereto as Exhibit" A"; and
WHEREAS, the Village has received correspondence from Mobilitie concerning the assignment, which
correspondence is attached hereto as Exhibit "B'.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION ONE: That the foregoing WHEREAS clauses are hereby incorporated herewith as if fully
restated hereby.
SECTION TWO: That the Village of Buffalo Grove does hereby consent to the assignment of the Site
Lease from T- Mobile Central, LLC. to Mobilitie Investments II, LLC. pursuant to Exhibit "A" and
Exhibit `B' hereto and the Village Manager is hereby authorized to execute both Exhibit "A" and
Exhibit `B'. This Resolution shall be in full force and effect from and after its passage and approval.
AYES: 6 — Braiman, Glover, Berman, Trilling, Sussman, Smith
NAYES: 0 — None
ABSENT: 0 — None
PASSED: December 20, 2010 APPROVED: December 20, 2010
Village President
ATTEST:
C yy�
Village C erk
•
T • •Mobile•
T- Mobile USA, Inc.
12920 SE 38th Street, Bellevue, WA 98006
October 7, 2010
Village of Buffalo Grove, Attn: Village Manager
50 Raupp Boulevard
Buffalo Grove, IL 60089
1
SENT BY CERTIFIED MAIL
Re: Lease Site # CH33259H ( "Lease ") dated 8/30/2010 is by and between Village of Buffalo Grove, an
Illinois municipal corporation ( "Landlord ") and T- Mobile Central LLC, a Delaware limited liability company
( "T- Mobile ")
Dear Sir:
T- Mobile and Mobilitie Investments 11, LLC ( "Mobilitie ") have entered into a business relationship in which
Mobilitie will acquire T- Mobile's ownership interest in certain cell sites. Specifically, we have agreed to the transfer of the T-
Mobile cell site on your property to Mobilitie as part 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 from all Lease liabilities 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 from 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 Parrish - T- Mobile 12920 SE 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 information is still current. If you have any questions about this request, please contact Michael
Kaiser at Mobilitie directly at michael@mobilitie.com or (949) 999 -5783.
Sincerely,
Scott McNees
National Construction Manager
T- Mobile USA
Michael Kaiser
Director, Acquisitions
Mobilitie
Acknowledged, Consente and Agreed to:
Signature: Title:
Print name: )4NI C. &N6 Date:
CC: Raysa & Zimmerman LLC
22 Washington Ave., Attn: William Raysa
Park Ridge, IL 60068
(ltt��id� 114,vA 44
/zka /za/o
Mobi[itie. LLC
660 Newport Center Drive, Suite 200
ItlWYlYN 1M/ r1 W.n YW1WW
Newport Beach, CA 92660 USA
ESttllbi.t $' u.rnobiiiiie.cam
December 7, 2616
Village of Buffalo Grove
50:Raupp'Boulevard
Buffalo Grove, IL 60089
Re: Site Lease dated August 30, 2010, by and between Village of Buffalo Grave, an Illinois municipal
corporation ("Landlord') and T:Mobile Central, LLC, a Delaware limited liability company ( "T
MobiletTenant°j.
Lease Site # CH33259H
Hear landlord:
T- Mobile and MobiGtie Investments 11, LLC CMobiltiel have entered into ai business relationship in whisk
Mobilitie will acquire T- Mobile's ownership interest in certain cell sites in return for business and - monetary
considerations. In conjunction with this relationship, T- Mobile would like to assign the Lease .referenced above to
Mobilitie, T- Mobile will continue its operations at the cell site.as a subtenant <of Mobilitie (the "Assicgnment"j. <Upon;and
from the date of Assignment Mobiel ie will assume all obligations and responsibilities as tenant under the Lease. T
Mobile shall remain responsible for 'any liabilities prior to the date of the Assignment:
T- Mobile and Mobiiifie seek your consent to 1) the Assignment of the Lease from T- Mobile to Mobilitie, and 2)
the release of T- Mobile from all Lease liabilities and obligations subsequent to the Assignment Your consent will
streamline:Mobilitie's operations,: and, as such, Mobliitie is prepared to obtain a performance bond in the amount of
Fifty Thousand and notl 00 Dollars ($50,000) for your e)q)edited consent. The terra of the bond shall be for the life of
the Lease. The bond will be provided to you after the ,Assignment has been finalized. This offer will be null and void
and consider rescinded after January 15, 2011. Mobilitie shall not be obligated to provide the bond if the Lease is not
assigned to Mobilitie. This letter agreement shall be binding on the successors and assigns of the parties.
Please sign below to indicate your consent to the Assignment, and return this letter to: Angela Lewis,
tYlobilitie, 660 Newport Center Drive Suite 200 Nevin t Beach, CA 92660. We will l send you notice of the actual
date of the Assignment if and when it occurs. 9 you have any questions about this; please e-mail:
an,gela@mobirite.com
Sincerely,
Bryon Davis
VP, National Network Deployment
Mobliitie
Landlord hereby acknowledges, consents, and agrees to the terms written above.
Landlord:
Village of Buffalo Grove,
an pGnois icy oration
By. ANE < .tA
Name.
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