R 3806
RESOLUTION NO. 3806
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CONSENTING TO THE ASSIGNMENT TO
T-MOBILE USA, INC. OF A COMMUNICATIONS SITE LEASE
AGREEMENT DATED JANUARY 14, 2004 BETWEEN PACIFIC
BELL WIRELESS, LLC AND THE CITY OF ARROYO GRANDE
WHEREAS, Pacific Bell Wireless, LLC, a Nevada Limited Liability Company doing
business as Cingular Wireless ("Cingular") entered into a Communications Site Lease
Agreement (the "Lease") with the City of Arroyo Grande ("City") for approximately 510
square feet of land, space on the water tank for communications antennae, and access
and utility easements connected therewith for real property located on Branch Mill
Road, Arroyo Grande, commonly known as the Reservoir #4 site; and
WHEREAS, By letters dated November 22, December 6 and 30, 2004, Cingular notified
City that Cingular and T-Mobile USA, Inc., ("T-Mobile") have agreed to the sale of all of
Cingular's ownership interest in the Lease to T -Mobile; and
WHEREAS, The sale of Cingular's interest under the Lease will result in a change of
control of Pacific Bell Wireless, LLC. which constitutes an assignment within the
meaning of Article 13 of the Lease; and
WHEREAS, Cingular and T -Mobile have requested that City consent to the assignment;
and
WHEREAS, Upon review of T-Mobile's operational experience and financial stability,
City staff have concluded that T-Mobile satisfies general assignment criteria.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande does hereby consent to the sale of Cingular's interest in the Lessee and
assignment of the Lease to T -Mobile, subject to the following conditions:
1. T -Mobile shall agree to be bound by all requirements of the Lease and to
comply with all City rules, regulations and policies related to the subject
matter of the Lease.
2. Cingular shall not be relieved of any future performance, liabilities or
obligations under the Lease.
3. T -Mobile shall pay all costs and expenses incurred by City in reviewing the
transaction, and in processing and preparing all necessary paperwork
related to the assignment.
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RESOLUTION NO. 3806
PAGE 2
4. This assignment shall not become effective until Cingular and T -Mobile
accept in writing the conditions of this Resolution. Such acceptance shall
be filed with the City Clerk within thirty (30) days after the date of approval
of this Resolution.
On motion of Council Member Costello, seconded by Council Member Arnold, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Arnold, Dickens, Guthrie and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 11 th day of January 2005.
RESOLUTION NO. 3806
PAGE 3
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TONY M. FE , MAYOR
ATTEST:,
APPROVED AS TO CONTENT:
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- STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3806
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 3806 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 11 th day of January, 2005.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th
day of January, 2005.
/ VlhJttttyUL-
KELLY WET ORE, CITY CLERK
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