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Home My WebLink About2010 CON AT&T - Sublease to Clearwire Wireless.. Consent to Sublease Via Registered Mail Return Receipt Requested Tracking Number: 7008-0500-0001-9813-0349 March 15, 2010 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD National City, CA 91950 Re: AT&T Mobility Lease Agreement with City of National City dated 12/14/1999 Site Name: 329/43RD STREET/GTE Site FA Number: 10086307 Site Address: 2005 EAST 4TH STREET Site City, State, Zip Code: NATIONAL CITY, CA 91950 Proposed Sublessee: Clearwire AT&T Mobility has received an application to allow another wireless carrier Clearwire to co -locate within the leased premises and on our cell tower located at the address referenced above. This application shall be in accordance with local zoning laws and regulations. Under our agreement with Lessor, AT&T has the right to sublease with Lessor's reasonable consent of the enclosed plans. Failure to respond in writing shall deem the plans approved. While subletting the premises, AT&T Mobility will continue to be the Lessee in our agreement with Lessor and will perform all of our obligations under the Lease. Additionally, Clearwire shall have no more rights allowed to them in excess of our rights with Lessor as outlined in our existing agreement. Agreed to and accepted this lOtijay of August , 2010. Lessor or sor's Registered Agent; Chris apata August 10, 2010 City Manager (619) 316-4240 (Signature) (Printed Name) (Date) (Title) (Phone) czapata@nationalcityca.gov (Email) Please use the enclosed self-addressed stamped envelope to return this consent. If you have any questions, please contact me at 770-708-6563 or rj7240@att.com Sincerely, Renee GaCman--zones Consent Specialist AT&T Mobility AT&T Mobility • 12555 Cingular Way, Cube 1275-D, Alpharetta, GA 30004 S2b RESOLUTION NO. 2010 — 178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO A SUBLEASE BY AT&T TO CLEARWIRE WIRELESS FOR A PORTION OF THE LEASED PREMISES AT EL TOYON PARK USED FOR A CELLULAR WIRELESS ANTENNA FACILITY WHEREAS, in December, 1999, the City entered into a five-year Lease with GTE Wireless of the Pacific for a portion of El Toyon Park under which GTE would install and maintain a cellular wireless antenna facility, consisting of an equipment shelter and antennas mounted on an existing stadium light pole. AT&T, the successor of GTE, is currently in the second five-year term of the Lease, which provides for four automatic five-year extensions after the initial Lease term of five years; and WHEREAS, AT&T has requested that it be allowed to sublease a portion of the Leased Premises to Clearwire Wireless to enable Clearwire to install an equipment shelter, as well as co -locating antenna equipment on the existing light pole. Section 31 (a) of the Lease provides that the Tenant (AT&T) may not sublease the Leased Premises without the prior written consent of the Landlord (the City); and WHEREAS, the Planning Division has reviewed the site plan for the proposed sublessee's facilities, and has recommended the following as conditions of approval of the sublease: • AT&T shall satisfy all lease requirements as determined by the City Attorney's Office. • A building permit will be required to be submitted and approved. • A photo simulation was previously provided by Clearwire showing the preferred location of the equipment. This is where the shelter shall be located. A pitched roof shall be incorporated into the design so that the shelter matches the adjacent shelter. The materials shall be the same material, texture, and color as the adjacent shelter. • The pole shall be painted using non -reflective paint, and shall match the other light poles in El Toyon Park (dark brown). • All wiring between the antennas and equipment shelter shall be placed within the pole and/or underground. NOW, THEREFORE, BE IT RESOLVED that subject to the conditions set forth hereinabove, the City Council of the City of National City hereby consents to a sublease by AT&T to Clearwire Wireless for a portion of the leased premises at El Toyon Park used for a cellular wireless antenna facility. --- Signature Page to Follow --- Resolution No. 2010 — 178 Page Two PASSED and ADOPTED this 3rd day of August, 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PPROVE I AS TO FORM: laudia G,E.ilva, Esq. City Attor Passed and adopted by the Council of the City of National City, California, on August 3, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City tional City, California CI rk of the City of Nt� By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-178 of the City of National City, California, passed and adopted by the Council of said City on August 3, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C`40\C•`\G MEETING DATE: August 3, 2010 AGENDA ITEM NO. 12 TEM TITLE: Resolution of the City Council of the City of National City consenting to a Sublease by AT&T to Clearwire Wireless for a portion of the Leased Premises at El Toyon Park used for a Cellular Wireless Antenna Facility PREPARED BY: George H. Eiser, DEPARTMENT: Cit Attorney PHONE: 336-4221 EXPLANATION: APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Memorandum • Letter from AT&T requesting consent of sublease • Photo simulation of existing and proposed facilities • Resolution N August 16, 2010 Ms. Renee Gallman-Jones AT&T Mobility 12555 Cingular Way, Cube 1275-D Alpharetta, GA 30004 Dear Ms. Gallman-Jones, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On August 3rd, 2010, Resolution No. 2010-178 was passed and adopted by the City Council of the City of National City, consenting to a sublease by AT&T to Clearwire Wireless. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the Consent. Michael R. Dalla, CMC City Clerk Enclosures cc: Office of the City Attorney