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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. Confidentiat _ Page 1 of 1 121712010