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04-1155�..ounct rut 3 C�k.-�155 creen Sheet ¢ 3�%z4310 AESOLUTION CITY OF SA1NT PAUL, MINNESOTA Preser.ted By Referred To �S Comi�tee: Date 1 WHEREAS, the City of Saint Paul does possess fee simple title to the water tower site commonly 2 l�own as the Cottage Avenue Standpipe site, located at 2095 Cleaz Avenue in Saint Paul, (the 3 "Properry"), such possession of tifle being for benefit of the Board of Water Commissioners of the 4 City of Saint Paul; and 6 7 9 10 WHEREAS, the City and the Board did execute a site lease agreement (the "Lease") with Qwest Wireless, L.L.C. ("Qwest"), dated Mazch 10, 1998 (the "Lease"), which provided terms and conditions whereby Qwest is allowed to install and operate a wireless coxnxnunication system on the Properiy;and 11 WHEREAS, Qwest desires to assignthe Lease to Cellco Partnership d/b/a Verizon Wireless, L.L.C.; 12 and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WH�REAS, Section 19 of the Lease requires that the Lease can be so assigned only with the written consent of the Boazd; and WHEREAS, the Boazd did adopt Resolution No. 4976, which approved a Consent to Assignment of Agreement dated September 14, 2004, thereby providing such written approval, and which resolution did also request that the Honorable Council of the City of Saint Paul, as possessars of title to the Properry for benefit of the Board, likewise grant such approval; now, therefore, be it RESOLVED, that the Consent to Assignment of Agreement dated September 14, 2004, addressing the assignment of a site lease from Qwest Wireless, L.L.C. to Cellco Partnership d/b/a Verizon Wireless, L.L.C. for operation of wireless communication systems at the Board of Water Commissioners cottage Ave. StandpipaSite, located at 7095 Clear Avenue. in Saint Paul, is hereby approved, and that the proper officers aze hereby authorized to execute said Consent on behalf of the City. P.equested by Depzr;�en[ oi: S B y. ��PF 3y Saint Paul Regional Water Services By. '�_ Gene al Manager Form Approved by Ciry Attomey Zdop�on Ccrtified by Coundi Secetary � � Green Sheet Gre,en Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �-1155 � DepartrnenUoffice/counciL• i � o�� � Green Sheet NO: 3024310 � WA - wazerUtility CorMact Person & Phone: Steve Schneider 266-6274 Must Be on Council Aqen by (Date): y Assign Number Fof Routing Order Deoartrnent SeM To Person �nmaware 0 i atcr til'ri �2 1 i Attome ' _�� 2 a or's ce 3 ouucil � ToWI # of Signature Pages �(Clip All Lowtions for Signature) Action Requested: ' Adoption of Council Resolurion approving a Consent to Assignment of Agreement with Qwest Wireless, L.L.C. to Cellco Paztnership d/b/a Verizon Wireless. Lease site is the Boazd of Water Commissioners Cottage Avenue Tank site at 2095 Clear Avenue in Saint ' Paul. Attachments: 1) Location Map 2) Proposed Resolution ' 3) Consent to Assignntent of Agreement Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally passessed by any current city empbyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating,problem, Issues, Opportunity (Who, What, When, Where, Why): The Mazch 10, 1998 Lease between the Boazd, the City and Qwest requires that Qwest cannot assign the lease to another party without l i Boazd and City approval. The attached Consent to Assignment of Agreement provides such approval, has been approved by the , Board, and now requires Ciry approval in order to be executed. Advantapes If Approvetl: QwesPs business interests in the lease can be transferred to Cellco Partnership d/b/a Verizon Wireless. DisadvantaqeslfApproved: None. All terms and conditions remain unchanged and in effect. Disadvanqqes If Not Approved: Qwest will not be able to transfer iu business interests in the lease. ToWI Amount of Trensaction: Fundinq Source: Fi nancial Infortnation: � (F�cplain) Cost/Revenue Budgeted: Activitv Number: E ! li,,