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CC Resolution No. 01-240RESOLUTION NO. 01-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING NEXTEL COMMUNICATIONS TO SUBLEASE SITE NO. CA-2151 AT CITY OF CUPERTINO MAINTENANCE YARD TO METRO PCS, INC. WHEREAS, on June 19, 2000, the City Council approved an Antenna Site Lease Agreement with Nextel Communications for the installation of mobile/wireless communication facilities at the Cupertino Service Center (Site No. CA-2151); and WHEREAS, on September 25, 2001, the Planning Commission approved a modification to the use permit to install a tree pole and to collocate Metro PCS California/Florida, a Delaware Corporation, on said pole; and WHEREAS, Nextel seeks permission to sublease space on the approved pole to Metro PCS and agrees to continue to be liable for the performance of all covenants, terms and conditions of the Antenna Site Lease Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes Nextel Communications to sublease space on the approved pole at Site No. CA-2151. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 2001, by the following vote: Vote Members of the City Council AYES: Bumett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk "~Vlayor, City of Cl~ino