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06-1063Council File #�—, fD�o � CITY Presented RESOLUTION PAUL, MINNESOTA Green Sheet # 3033640 �� 1 WHEREAS, the Ciry of Saint Paul possesses fee simple ritle to the tower site commonly known as Highland 2 Tank No. 3, located at 1540 Highland Pazkway, Saint Paul, Minnesota, (the "Properry"), such possession of 3 ritle being for benefit of the Board of Water Couunissioners of the, City of Saint Paul (the "Board"); and 4 5 WI�EREAS, the Boazd and the Ciry entered into a wireless communication site lease agreement dated 6 September 25, 1996 with T-Mobile USA, Inc., formerly known as APT Mimmeapolis, Ina ("T-Mobile"), for 7 space at the Property; and E:3 9 WHEREAS, T-Mobile desires to transfer the obligafion of said site lease to one of its subsidiaries, T-Mobile 10 Central LLC; and 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, T-Mobile has prepazed a L,etter of Consent dated August 3, 2006 which approves said transfez, and has requested that the Boazd and the City sign said letter; and WHEREAS, the Boazd adopted Resolution No. 6007 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 3, 2006 Letter of Consent to the uansfer of lease obligations to T-Mobile Central LLC for that certain lease dated September 25, 1996 for space at Highland Tank No. 3, located at 1540 Highland Parkway, Saint Paul is hereby approved; and, be it FURTHER RESOLVED, that the proper officers aze hereby directed and authorized to sign said letter on behalf of the City of Saint Paul. Yeas Nays Absent Benanav �/ - Bostrom y i Harris ✓ Helgen �i Lantry ✓ Montgomery � Thune ` � d Adopted by CounciL Date ��/�o��/�� Adoption Certified by Council Secretary BY: r! Approved by May . ate /il �f° By. Requested by Depaz2ment of: Saint Paul ReQional Water Services �: ��1� � � �. _ ,`. ,.. Form Approved by City Attorne By: � �. ��1[�LC�`! Appioved y a r Sub � sio to Council By: Approved: _ � � �J F Matthew G. Smith Office of Financial Services ; ., � Green �heet Gr�en Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �Gs //'.i�, � DepartmenUoffice/council: Date Initiated: wA Wa�Ua,; ,��T-� Green Sheet NO: 3033690 Deoarhnent Sent To Person IrtitiaVDate Confact Pewon & Phone: � j Steve Scfineider 0 te U" , � 66274 qs,�ejyrt 1 ate U'" De t'rector � i Must Be on Council Agenda by (Date): Number 2 tto e For � RoUting 3 0's Oflice or/ ' tant O�dec 4 m � 5 ' Cler Ci ler I � i � Total # of Signature Pages (qip NI Locations for Signature) � AMion Requestetl: Adoption of Council Resolution approving aLetter of Consent to the aansfer of a wireless communication lease at the Boazd of Water Commissioners Highland Tank No. 3, located at 1540 Highland Pazkway, Saint Paul, MN, from T-Mobil USA to T-Mobile Central LLC. Attachments: 1) Council ResoluGon; 2) Letter of Consent: 3) Boazd of Water Commissioners Resolution No. 6007. Recommendations: Approve (A) or Reject (R): Personal Servlce Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any curcent city employee? Yes No � Explaio all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): T-Mobile is in the process of combining subsidiaries and desires to transfer this lease to one of those subsidiazies, T-Mobile Central � LLC. I { I ` i � � A(lvarttapes It AppCOVed: T-Mobile will be able to better manage its leasing program. DisadvantapeslfApproved: � Disativantaqes if Not Approvetl: Total Amount of Cosi/Revenue Bud eted: �� Transaction: 9 �'i4idt84C�� '�s�'� ��'� =�� Fundina Source: Activity Number. I Financial information: qq �. , �. (Explain) �U� � c� �.a�v� 06 ic�,� �-� - � { � � S_ i �. il ♦1 i'�� August 3, 2005 SENT BY E-MAII, Boazd of VJaYer Commissioners of the City of Saint Paul Attn: Bill Tschida 1900ILice Street St. Paul, MN 55113-6810 Re: Lease (Site # AIQ0023A) dated on or about IOfl/1996 between VoiceStream Ivlinneapolis, Inc., f/k/a APT Minneapolis Ina ("Transferot") and the Boazd of Water Comivissioners of the City of Saint Paul ("Lease") for the Premises located at or about 1540 Highland Pazkway St. Paul, MN 55116 and transfer of the Lease to T-Mobile Central LLC ("Transferee") Dear Landlord: T-Mobile sent you a nofice several weeks ago to inform you that T-Mobile is simplifying its corporate shueture 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 rtansfer to another T-Mobile subsidiary named above. This letter is a follow-up to ask that you please confizm your consent to the internal transfer as it relates to the Lease, by sia jng this letter where indicated below and returuing it to T-MobIle, Attn: Entity Reorganization, Real Estate Department, 12920 SE 38�` Street, Bellewe, Wt198006. Please be advised that if you consent to the transfer of the Lease, Transferee assumes, agrees to pay, perform and dischazge, and agrees to be bound by, all of the debts, duties and obligations of Transferor underthe terms, covenants, provisions and condifions of the Lease. If you ha�e any questions about this request, please e-mail us at enfitychange@t-mobile.com. Sincerely, �� C��.�-�---�._�. Debby Andresen Director Lease Compliance and Information Management S page follows Db �Db3 Aclauowledged and Consented: LESSOR: BOARD OF WATEI2 C01_V71V�SSIONERS P�PPROVED: OF THE CITY OF SAINT PAUL By By Patrick Harris, President Stephen P. Schneider, General Ivlanager Saint Paul Regional Water Services 7anet Lindgren, Secretary � Approved as to form: By Assistant City Attorney CTfY OF SAINT PAUL Mayor By Shari Moore, City Clerk By Matthew G. Smith, Director Office ofFinancial Services BOARD OF WATER COMMlSSIONERS RESOLUTION — GENERAL FORM PRESENTED BY ROSSbdCIl COMMISSIONER 06 - ��3 .i� DATF September 12. 2006 WHEREAS, the Boazd of Water Commissioners ("Boazd") and the City of Saint Paui ("City") entered into a wireless communication site lease agreement dated September 25, 1996 with T-Mobile USA, Inc., formerly know as APT Minneapolis, Ina ("T-Mobile"), for space at the Boazd's Highland Tank No. 3, located at 1540 Highland Parkway, Saint Paul, Minnesota, 55116; and WHEREAS, T-Mobile 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 Board and City consent to said transfer, and the Board is willing to grant such consent; and WHEREAS, T-Mobile has prepared a letter of consent dated August 3, 2006 which provides for the Boazd and City consent to said transfer, and has requested that the Boazd and the City sign said letter; and WHEREAS, the assistant city attorney 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 3, 2006 letter of consent to the transfer of lease obligations to T-Mobile Central LI,C for that certain lease dated September 25, 1996 for space at Highland Tank No. 3, located at 1540 Highland Parkway, Saint Paul; and, be it FURTHER RESOLVED, 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 City. Water Comtnissioners Yeas Anfang Nays Kleindl Montgomery Rossbach Adopted by the Board of Water Commissioners September 12, 7p O6 Vice President Zanmiller In favor 5 Oppose� � -a SECY.