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06-1062Council File # �� Green Sheet # 3033689 Presented by CITY 0 RESOLUTION 41�VT �AUL, �MINNESOTA �� 1 WHEREAS, the City of Saint Paul possesses fee simple litle to the tower site commonly l�own as the 2 Annapolis Tower site, located at 354 Annapolis Street, West St. Paul, Minnesota, (the "Property"), such 3 possession of rifle being for benefit of the Board of Water Commissioners of the City of Saint Paul (the 4 "Board"}; and 5 6 WI�EEREAS, the Boazd and the City entered into a wireless communication site lease agreement dated 7 November 10, 1997 with T-Mobile USA, Inc., formerly laiown as APT Minneapolis, Inc. ("T-Mobile"), for 8 space at the Property; and 9 10 WHEREAS, T-Mobile desires to transfer the obligarion of said site lease to one of its subsidiaries, T-Mobile 11 Central LLC; and 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, T-Mobile has prepared a Letter of Consent dated August 30, 2006 which approves said transfer, and has requested that the Board and the City sign said letter; and WH�REAS, the Boazd adopted Resolufion No. 6005 which approved said letter and requested that the Council of the City of Saint Paul likewise provide its approval; now, therefore, be it RESOLVED, that the August 30, 2006 Letter of Consent to the transfer of lease obligations to T-Mobile Central LLC for that certain lease dated November 10, 1997 for space at the Annapolis Tower, located at 354 Annapolis Street, West St. Paul, is hereby approved; and, be it FURTFIER RESOLVED, that the proper officers are hereby directed and authorized to sign said lettu on behalf of the City of Saint Paul. Yeas Nays Absent Benanav � Bostrom �/ Hazds � Helgen y i Lan4Y � Montgomery � Thune �/ Adopted by Council: Date //��� ��� _ Adoption Certified by Council Secretary By: '/ // Approved by or� te �j { L� 1 0� By. �/ �IAAi�--�� Requested by Department of: Saint Paul Regional Watei Services ��►,�� ` , Form Approved by City Attomey By: � /,� U �, �,� �fi Approved a r for Submission o Council Sy: s�--� Approved:�� � Matthew G. Smith Director Office of Financial Sexvices � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 06 -ic�a, WA — WaterUriliry Contad Person & Phone: Steve Schneider 66274 Must Be on Councii Aaen Total # of Signature Pages Date Initiated: ,B-�T-� Green Sheet NO: 3033689 � Assign Number For Routing Order 0 a rUtili � 1 r Utili De nt Director 2 ' Attorne 3 a or's ice Ms or/ t 4 n '1 5 itv Clerk I Citv Clerk (Clip NI Locations for Signature) Adopuon of Council Resln. approving a Letter of Consent to the uansfer of a wireless communicauon lease at the Boazd of Water Commissioners Annapolis Tower, located at 354 Annapolis Street in West St. Paul from T-Mobil USA to T-Mobile Central LLC. Attachments: 1) Council Resin. 2) Letter of Consent 3) Boazd of Water Commissioners Resln. No. 6005. ldations: Approve (A) or ReJect (H): Personal service contracts Must Answer the Following �uestions: Planning Commission t. Has this personffirm ever worked under a contract Eor ihis departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciiy employee? Yes No � 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Iniiiating Problem, issues, Opportunity(Who, What, When, Where, Wh�: T-Mobile is in the process of combining subsidiaries and desues to transfer this lease to one of those subsidiaries, T-Mobile Central LLC. d� � AdvanWpes If Approved: T-Mobile will be able to better manage its leasing program. +��� �.; 2��� � , Disadvamages If Approved: None. Disadvanta9es If Not Approved: � ° ^ `�'l�:lC � � . .. Total Amount of Transaetion: Fundiop Source: Pinancial I nformation: (F�cplain) CosURevenue Budgeted: Activity Number: �;81�(t�ii 6��$�^�z'Gg� r, r `�r aav � 3 zoos 3 � • � T • �1Vlobile: T-Mobile USA, Inc. � 7 2920 SE 38th Street, Believue, WA 9800& August3�,2�06 Board oi Water Commissioners of the CiTy of Saint Paul Attn: Bill Tschida 1900 Rice Street St. Paul, MN 55113-6810 ��� ,�� SENT BY CER"I`IFIED MAII. Re: Lease (Site Y€ AIQ0025A) dated on or about 10/10/1997 between VoiceStream Minneapolis,=Inc., f/k/a APT Minneapolis Ina ("Transferor") and the Boazd of Water Commissioners of the City of Saint Paul ("Lease") for the Premises located at or about 354 Annapolis Street, West St. Paul, MN 55118 and transfer of the Lease to T-Mobile Central LLC ("Transferee") Deaz Landlord: T-Mobile serh you a notice several weeks ago to inform you that T-Mobile is simplifying its corporate structm by combining subsidiaries in order to reduce the total number of T-Mobile subsidiaries. As part of this process, your Lease will be conveyed by an internal transfer to another T-Mobile subsidiary named above. � This letter is a follow-up to ask that you please confirm your consent to the intemal transfer as it relates to the Lease, by signing this letCer where indicated below and retuming it to T-Mobile, Attn: Entity Reorganization, Real Estate Department, 12920 SE 38`� Street, Bellevue, WA 98006. Please be advised that if you consent to the transfer of the Lease, Transferee assumes, agrees to pay, perform and discharge, and agrees to be bound by, all of the debts, duries and obligations of Transferor under the terms, covenants, provisions and condirions of the Lease. If you have any quesrions about this request, please e-mail us at entitycl�ange@t-mobile.com. Smcerely, /Y-� � � Debby Andresen Director Lease Compliance and Information Management Signature page follows Certified Tracldng Number: 7002 3150 0005 3560 9817 G�i 02.� Acknowledged and Consented: LESSOR: BOARD OF WATER COMIYIISSIONERS APPROVED: OF THE CITY OF SAINT PAUL BY BY Patrick Harris, President Stephen P. Schneider, General Manager _ Saint Paul Regional Water Services � 7anet Lindgren, Secretary Approved as to form: Assistant City Attomey CITY OF SAINT PAUL By Mayor Shari Moore, City Clerk By Matthew G. Smith, Director Office ofFinanciai Services Certified Tracldng Number: 7002 31 SO 0005 3560 9817 G� io�� SOARD Of WATER COMMf55lONERS RESOLUT10tJ — GENERAL FORM PRESENTED gY ROSSbaCil COMMISSIONER No 6005 DATF September 12, 2006 WHEREAS, the Boazd of Water Commissioners ("Boazd") and the City of Saint Paul ("Ciry") entered into a wireless communication site lease agreement dated November 10,1997 with T-Mobile USA, Inc., formerly known as APT Minneapolis, Ina ("T-Mobile"), for space at the Board's Annapolis Tower site, located at 354 Annapolis Street, West St. Paul, Ivlinnesota, 55118; and WFIEREA5, T-1VIobile desires to transfer the obligation of said site lease to one of its subsidiaries, T-Mobile Central LLC; and WHEREAS, T-Mobile has requested that the Boazd and City consent to said transfer, and the Boazd is willing to grant such consent; and WHEREAS, T-Mobile has prepazed a letter of consent dated August 30, 2006 which provides for the Board and City consent to said transfer, and has requested that the Boazd and the City sign said letter; and WHEREAS, the assistant city attomey has reviewed and approved said letter as to form; now, therefore, be it RESOLVED, that the Board of Water Commissioners does hereby approve the August 30, 2006 letter of consent to the transfer of lease obligations to T-Mobile Central LL.0 far that certain lease dated November 10, 1997 for space at the Annapolis Tower, located at 354 Annapolis Street, West St. Paul; and, be it FURTHER RE50LVED, that the proper officers are hereby directed and authorized to sign said letter on behalf of the Board; and, be it FINALLY RESOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to approve said letter of consent and to authorize the proper officers to execute said letter on behalf of the Clty. Water Coaunissioners Yeav Anfang Nays Kleindl Montgomery Rossbach Vice President Zanmiller Adopted bp the Board of Water Commissioners September 12, ZQ 06 In favor_�� Qppose� � �� � � ^� SECY.