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01-093 Nextel Communications~, 1 CITY OF CUPEI~TINO n~~~~~~ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 OFFICE OF THE MAYOR October 15, 2001 Nextel of California, Inc. dba Nextel Communications 1255 Treat Boulevard, Suite 800 Walnut Creek, California 94596 To Whom It May Concern: This letter shall hereby serve as the City of Cupertino's ("City") consent to Nextel of California, Inc., a Delaware Corporation, dba Nextel Communications' ("Nextel") sublease of ground and tower space on the premises as defined in the Ante~lna Site Lease Agreement between the City and Nextel commenced on December 31, 2000 ("Agreement"). As such, Nextel may sublease ground and tower space on the premises to MetroPCS California/Florida, aDelaware Corporation, dba MetroPCS, Inc. or to its parent company, subsidiari~;s, partners, and/or affiliates. The above consent to sublease is made specifically on the condition that Nextel of California, Inc. remains liable for the performance of all covenants, terms, and conditions (including, but not limited to the payment of rent, maintenance of insurance, indemnification, and repairs, utility costs, waste and destruction) contained in the Antenna Site Lease Agreement between the City and Nextel commenced on December 31, 2000, and any amendments thereto. Sincerely, ayor, City of Cu no ATTEST: City Clerk APP OV AS O Attorney Printed on Rec ~cled Paper