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• • • • T • •Mobile• <br />I M?x?ila 1_ISA, I (,,. <br />SE lilt"i Sti, ,,, b.,llevii, , 6NA 9!FWh <br />10/21/2008 <br />City of Santa Ana Fire Chief <br />Santa Ana Fire Department <br />1439 S Broadway <br />Santa Ana, CA 92707 <br /> <br />SENT BY CERTIFIED MAIL <br />Re: Lease Site # LA02899D ("Lease") dated 5/5/2008 is by and between City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Consitution and laws of the State of <br />California ("Landlord") and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc. <br />("T-Mobile") <br />Dear Sir: <br />T-Mobile and Mobilitie Investments, LLC ("Mobilitie") have entered into a business relationship in which <br />Mobilitie will acquire T-Mobile's ownership interest in certain cell sites in return for business and monetary <br />considerations to T-Mobile ("Agreement"). Specifically, we have agreed to the transfer of the T-Mobile cell site on <br />your property to Mobilitie as part of that business relationship, To do so, the Lease will be assigned from T-Mobile <br />to Mobilitie. <br />Upon and from the date of assignment, Mobilitie will assume all obligations and responsibilities of the <br />Lease but subject to the Agreement. T-Mobile will remain responsible for any liabilities prior to the date of the <br />assignment but also, subject to the Agreement. You should know T-Mobile will remain on the cell site and become <br />a subtenant of Mobilitie. <br />T-Mobile and Mobilitie seek your consent to the assignment of the Lease from T-Mobile to Mobilitie and <br />to release T-Mobile from all Lease liabilities and obligations subsequent to such assignment of the Lease. Please <br />sign below to indicate your consent and release and return to: Jennifer Parrish - T-Mobile 12920 SE 38`6 Street <br />Bellevue, WA 98006. We will send you notice of the actual date of assignment when it occurs and provide contact <br />information for Mobilitie then. If you have any questions about this, please e-mail: Scott.MCNeesCaT-Mobile.com <br />Sincerely, <br />Scott McNees <br />National Construction Manager <br />T-Mobile USA <br />/Acknowledged, Consented and Agreed to: <br />V r? ?l 1 t/l..iM/}1Atl??(? ?f <br />Dated: <br />CC: City of Santa Ana <br />Office of the City Attorney <br />20 Civic Center Plaza (M-29) <br />Santa Ana, CA 92702