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06-1064Councii File # � Presenied by �� RESOLUTfON pIN'� PAUL, MINNESOTA Gr2en Sheet # 3033691 1°1 1 WF�EREAS, the Ciry of Saint Paul possesses fee simple title to the towei site commonly laiown as the 2 McKnight Road Standpipe, located at 393 North McKnight Road, Saint Paul, Minnesota, (the "Property"), 3 sucla possession of ti[1e being for benefit of the Board of Watez Commissioners of the City of Saint Paul (the 4 "Board"); and 5 6 WHEREAS, the Boazd and the City entered into a wireless communication site lease agreement dated 7 Septembex 25, 1996 with T-Mobile USA, Tnc., formerly laiown as APT Minneapolis, Ina ("T-Mobile"), for 8 space atthe Property;and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 prepared a Letter of Consent dated August 30, 2006 which approves said transfer, and has requested that the Boud and the City sign said letter; and WFIEREAS, the Board adopted Resolution No. 6006 which approved said letter and requested that the Councii 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 September 25, 1996 for space at Highland TankNo. 3, located at 393 North McKnight Road, Saint Paul is hereby approved; and, be it FURTHER RESOLVED, that the proper officers aze hereby d'uected and authorized to sign said letter on behalf of the City of Saint Paul. Yeas Nays Absent Benanav � Bostrom � Hazris � Helgen Lanhy � Montgomery ` Thune ` � Adopted by CouncIl: Date /�/02 /�� Adoption Certified by Council Secretary B , � Approved by Ma Da �� Z-� (9� B Requested by Depaztment o£ Saint Pau1 Re2ional Water Services �t� � � Form Approved by City Attorney B ��`SLL-�, �-`�`� Approved b yor or Submis ion [ ouncil B _ .� Approved�� Matthew G. Smith Director 0£fice of Financial Services � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��,.�.,e�.,�,�b,_�..._:,. �._,�:.:,...a. 06 —ic�� WA �VaterUriliry Coniact Person & Phone: Stzue Schneider 66274 Must Be on Council Aaen Total k of Signature 18-OCT-06 �► Assign Number For Routing Order Green Sheet NO: 3033691 Deoarhnem SeMToPerson nitisUDate 0 r ' 1 ater ' De " ctor � 2 ' A 3 or's Oflice Ma orI ssistant a � $ i C7erk C' Clerk (Clip Ail Locations for Signature) AMion Requestetl: Adoption of Council Resolution approving a Letter of Consent to the hansfer of a wireless communication ]ease at the Boazd of Water Commissioners McKnight Road Standpipe, located at 393 North McKnight Road, Saint Paul, MN from T-Mobil USA to T-Mobile Central LLC/ Attachments: 1) Council Resolution; 2) I.etter of Consent; 3) Boazd of Water Comuiissioners Resolution No. 6006. idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service ConVacts Must Mswer the Following �. Ffas this persoNfirm ever worked under a contract for this departmenY? Yes No 2. Has thfs persoNfittn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curzent city employee? Yes No Explain all yes answers on separete sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): T-Mobile is in the process of combining subsidiazies and desires to transfer this lease to one of those subsidiaries, T-Mobile Central LLC. AdvantapesltApproved: T-Mobile will be able to better manage its leasing program. a�,uT � �P ��:��, Disadvantages If Approved: None. Disativantages If Not Approvetl: - � � �� , � �� . �:-v° ?:�. �,_ ��J Transaction: Funtlinq Source: Fi nancial Information: (Explain) CosURevenue Budgeted: Activiri Number: ��?\3T�, a. �sOf3TtC1� ��'�sak^i �4is`vs" 1 i ;:��s es■e �o .M�bile • T-Mobile USA, Inc. 12920 SE 38th Street, Beilevue, WA 98006 August 30, 2006 Board of Water Cbmixrissioners of the City of Saint Paul Athi: Bill Tschida 1900 Rice Street St. Paul, MN 55113-6810 �(� — /D(oL/ SENT BY CER'I'IFTED MAI[. Re: Lease (Site # A1N0030A) dated on or about 10/1/1996 between VoiaeStream Minneapolis, Inc., f/k/a t�PT Minneapolis Ina ("Transferor") and the Boazd of Water Commissioners of the City of Saint Paul ("Lease") for the Premises located at or about 393 N. McKnight Road, St. Paul, MN 55119 and transfer of the Lease to T-Mobile Central LLC ("Transferee") Dear Landlord: T-Mobile sent you a notice several weeks ago to inform you that T-Mobile is simplifying its corporate structure 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 h to another T-Mobile subsidiary named above. This letter is a follow-up to ask that you please confum your consent to the intemal transfer as it relates to the Lease, by signing this letter where indicated below and retuming it to T-Mobile, Attn: Enrity 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, duties and obligations of Transferor under the tetms, covenants, provisions and conditions of the Lease. If you have any questions about this request, please e-mail us at entitychange@t-mobile.com. Sincerely, 1�� -�-- Debby Andresen Director Lease Compliance and Information Management Signature page Follows Certified TracldngNumber: 7002 3150 0005 3560 9817 06 �o�� Acknowledged and Consented: LESSOR: BOARD OF WATER CONIlVIISSIONERS APPROVED: OF THE CITY OF SATNT PAUL BY Patrick Harris, President Stephen P. Schneider, General Manager , Saint Pau1 Regional Water Services Janet Lindgren, Secretary Approved as to form: Assistant City Attorney CITY OF SAINT PAUL By Mayor Shari Moore, City Clerk By Matthew G. 5mith, Director Office ofFinancial Services Certified Tracking Nurrtber: 7002 3150 0005 3560 9817 BOARD OF WATER COMMiS510NERS RESOLIlTION — GENERAL FORM PRESENTED BV Rossbach COM M I551 O NEF2 D6 ic�� .��. OATF September 12, 2006 WHEREAS, the Boazd of Water Commissioners ("Board") and the City of Saint Paul ("City") entered into a wireless communication site lease agreement dated September 25,1996 with T-Mobfle USA, Inc., formerly know as APT Minneapolis, Ina ("T-Mobile"), for space at the Boazd's McKnight Road Standpipe, located at 393 North McKnight Road, Sa3nt PauI, iv'unnesota, 55119; and WAEREAS, T-Mobile desires to transfer the obiigation of said site lease to one of its subsidiazies, T-Mobile Central LL,C; and WHEREAS, T-Mobile has requested that the Board and City consent to said transfer, and the Boazd is willing to grant such consent; and WHEREAS, T-Mobile has prepared a letter of consenC dated August 30, 2006 which provldes for the Board and City consent to said transfer, and has requested that the Board and the City sign said letter: and WHEREA5, 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 30, 2006 letter of consent to the transfer of lease obligations to T-Mobile Central LLC for that certain lease dated September 25, ]996 far space at the McKnight Road Standpipe, located at 393 North McKnight Road, Saint Paul; and, be it F[JRTHER 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 Ciry 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 Coaunissioners Yeas Anfang Nays Kleindl Montgomexy Rossbach Vice President Zanmiller. Adopted by the Board of Water Commissioners In favor 5 Opposc� � September 12, 2006 / � � _ �� . _ � '