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06-913Council File # � Green Sheet # 3032817 RESOLUTION Presented � MINNESOTA 1 WHEREAS, the Ciry of Saint Paul does possess fee simple ride to the water tower site commonly known as 2 the St. Anthony Water Tower Site, located at 1515 North Cleveland Avenue in Saint Paul, (The "Property"), 3 such possession of title being for benefit of the Board of Water Commissioners of the City of Saint Paul; and 4 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 WFIEREAS, the City and the Boazd did execute a site lease agreement with Qwest Wireless, L.L.C. ("QwesY'), dated January 14, 2003 (the "I,ease"), which provided terms and condiuons whereby Qwest is allowed to install and operate a wireless communication system on the Property; and WHEREAS, Quest assigned the Lease to Verizon Wireless (VAW) LLC ("Verizon") in 2004, and Verizon finds that it no longer desires to operate its equipment at the site and has provided notice of intent to ternunate the Lease; and WHEREAS, the Boazd did adopt Resolution No. 6009, which approved a Terminauon Agreement that provides termination of the Lease effective September 3Q 2006, which also provides for a temunarion fee of $19,404 to be paid to the Board of Water Commissioners upon said effective date; and which did also request that the Honorable Council of the City of Saint Paul, as possessors of dtle to the Property for benefit of the Boazd, likewise grant such approval; now, therefore, be it RESOLVED, that the Termination Agreement with Verizon Wireless (VAW) LLC which terminates a wireless communicacion system lease at the Boazd of Water Commissioners St. Anthony Water Tower Site, located at 1515 North Cleveland in Saint Paul, is hereby approved, and that the proper officers aze hereby authorized and directed to execute said Consent on behalf of the City. Yeas Nays Absent Benanav � Bostrom „�- Harris � Helgen � Lantry y - Montgomery � Thune � S � Adopted by Council: Date �/�-G��'�-�2l//Jfn Adopuon Certified by Council Seaetary By: /! ////�i /n c.�.SL�i Approved by May r� te 1 g Q—� By: _�= A�� Requested by Depaztment of: �` Saint Paul Regional Water Services , , Form Approved by City Attorney . By: �i,Ca �f� vu'�'l Approved�yor r Sub ' sion to uncil By: L .� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , WA — waururiliry Contact Person & Phone: Steve Schneider 66274 Must Be on Council A en l�-u, �� �,�E' ,Bi� f�.� � �G 6—b a-(o�. 1�4Q ���- ���. ���ro�: � - 9i 3 �SSEP-06 Green Sheet NO: 3032817 � Assign Number For Routing Order Total # of Signature Pages �(Clip NI Locations for Signature) Action Requestetl: Adoption of Council Resolution approving an Agreement to Ternunate a Site I,ease Agreement with Verizon Wireless (VAW) LLC at the St. Anthony Water Tower, 1515 Norfh Cleveland Avenue, Saint Paul. Attachments: 1) proposed resolution; 2) Agreement to Terminate Site Lease Agreement; 3) Boazd of Water Commissioners Resolution No. 6009. Iaations: Approve (A) or Ft Planning Commission CIB Committee Civil Service Commission 1. Has this pereon/firm ever worked under a contract for ihis department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain alI yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): Verizon assumed the L,ease from Qwest Wireless, LLC in 2004 and finds it no longer requues the coverage provided by the St. Anthony location. AdvantaqeslfApproved: Verizon will be able to temtinate a lease it no longer needs. � r, ,! 2 � 2006 DisativantapeslfApproved: None. Disadvantages If Not Approved: Trensaetion: Fundinq Source: �������D �= P � 5 9�(l� ����'���a'� �F�IC� 0 ate 1 aterUtili De arh�ntDirec[or � 2 m 3 a or's Offlce Ma or/Assistant 4 nncil t 5 ity Clerk_ ___ _ _ Ctitv Clerk CostlRevenue Butlgeted: ActiviN Number: t . . ��...�-- C�unci9 R������� ��� Fi nancial Information: (ExPlain) ��� � � ���� c�� -�,3 MIN419 CNLNRW"0589 / 423"00) TERMINATION AGREEMENT THIS TERD�TATION AGREEMENT (this "Agreement") is made as of the date upon which the last party signs this Agreement, by and between BOARD OF WATER �^viv5"i�fi��IOi�R� ^vt in.'�'�, CiTY ^vF Siu'NT ��i�i., a municipai corporation under the laws of the State of Minnesota, with an address of 8 Fourth Street East, Suite 200, Saint Paul, Minnesota 55101-1007, Attn. Bill Tschida ("Lessor"), and VERIZON WIRELESS (VAW) LLC, a Delaware limited liability company, d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Basking Ridge, New Jersey 07920 ("Lessee"). -- — -- I �1���5� —. WHEREAS, Lessor is the lessor and Lessee is the lessee under that certain Site Lease Agreement dated January 1�, 2003, by and between Lessor and Qwest Wireless, LLC, predecessor in interest to Lessee (such Site Lease Agreement, as it may have been amended, being referred to herein as the "Lease") concerning certain property located at 1515 North Cleveland Ave., Saint Paul, Minnesota (the "Propert�')> and WFiEREAS, Lessor and Lessee now desire to terminate the Lease> NOW, THEREFORE, in consideration of the foregoing recitals, the payments and mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows� 1. The Lease is terminated effective as of September 30, 2006 (the "Effective Date"). The Lease shall be of no further force or effect thereafter. 2. In consideration of Lessor's agreement to terminate the Lease, Lessee shall pay to Lessor an amount equal to Nineteen Thousand Four Hundred Four and No1100 Dollars ($19,404.00) (the "Termination Fee"). The parties expressly acknowledge and agree that this Agreement and the parties' rights and obligations hereunder are expressly contingent upon the payment by Lessee to Lessor of the Termination Fee. 3. Lessor, for itself and its successors and assigns, accepts the surrender of the Lease and the Property as of the Effective Date, and forever releases Lessee, and its successors and assigns, from any and all further obligations under the Lease and any claim, demand or cause of action against Lessee, its successors and assigns, arising under the Lease, Lessee's use and occupancy of the Property or the termination of the Lease from and after the Effective Date. V:1Engineering\CLERICALIBOARDWgreementsU.EASEIQwest\St. Anthony_Verizon termination_09-12-06.DOC 1226434.1 1 06 - �j3 �N419 (IvII�TRW0589 / 42350) 4. Lessee, for itself and its successors and assigns, forever releases Lessor, and its successors and assigns, from any and all further obligations under the Lease and any claim, demand or cause of action against Lessor, its successors and assigns, arising under the Lea Less use and occupancy of the Property or the termination l71 �l�'LG LG`tI.SE LLOL1 a1lU Q.1���L LllE L1�.LECI L`c3.LC. 5. Lessor hereby represents and warrants to I,essee that I.essor is the owner of the lessor's interest in and to the Lease and has full power and authority to terminate such Lease. 6. The individuals executing this Agreement on behal£of the parties hereto hereby represent and warrant that they are duly authorized to execute this Agreement on behalf of such party and that such Agreement is binding and enforceable against such party. 7. This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which together shall constitute but one and the same instrument. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. [Balance of page intentionally blank] V:lEngineeringlCLERICAL�BOARDV,qreements\LEASE\QwesflSt. Anthony_Verizon termination_09-12-06.DOC 1226434.1 2 06-�'�3 ivmsais �v�woess i 4zs�o> IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the day and year written below such parties' signatures. LESSOR� Approved as to form� $ Assistant City Attorney BOARD OF WATER COMNIISSIONERS OF THE CIfiY OF SAINT PAUI. By�_ Name� Title� Date of Signature: By�_ Name= Title� Date of Signature� CITY OF SAINT PAUL By�_ Name � `I�tle: Date of Signature� [Signatures continue on next page] V:1Engineering\CLERICAL160ARDWgreements�LEASE\QwestlSt. Anthony_Verizon termination_09-12-06.DOC 1226434.1 3 o� - �i3 NIIN419 (�Y�RW0589/42300) By=� Name � Title� T�at� �f Si�atr.:Q: By�_ Name� Title� Date of Signature� LESSEE� VERIZON WIRELESS (VAW� LLC d/b/a Verizon Wireless $ Name� Edward A. Salas Title� Vice President — Network Planning Date of Signature� V:1E�gineering\CLERICAL�BOARDV�,greementslLEASE14west\St. Anthony_Verizon termination_09-12-06.DOC 1226434.1 ¢ a� -�i3 BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No 6009 COMMISS Mont�omexv oArF September 12, 20�6 WFIEREAS, a Site Lease Agreement with Qwest Wireless Services, LI,C ("Qwest") allowing the installation of wireless communicafion equipment at the St. Anthony Water Tower site on Cleveland Avenue at Dudley Avenue in Saint Paul (the "I.ease") was approved by the Board of Water Commissioners on January i4, 2003; and WHEREAS, a Consent to Assignment of the Lease to Cellco Partnership d/b/a Verizon Wireless, LL,C ("Verizon") was approved by the Boazd on September 14, 2004; and WHEREAS, Verizon no longer desires to operate its equipment at the site and has provided notice of intent to terminate the L,ease; and WHEREAS, Verizon has prepared a Ternunation Agreement that provides ternunation of the Lease effective September 30, 2006 and also provides for a temunation fee of $19,404 to be paid to the Board upon said effective date; and WHEREAS, the assistant city attorney has reviewed and approved said Temunation Agreement as to form, and staff recommends approval of said Agreement; now, therefore, be it RESOLVED, that the Board of Water Commissioners does hereby approve the Ternunation Agreement with Verizon Wireless (VAW} LLC d1bla Verizon Wireless, and does hereby authorize and direct the proper officers to execute said Agreement on behalf of the Board, and, be it FURTEiER RESOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to approve said Termination Agreement and to authorize and direct the proper officers of the City of Saint Paul to execute said Agreement on behalf of the City. Water Commissioners Yeas Anfang Nays Kleindl Montgomery Rossbach Vice President Zanmiller In favor 5 Q 0 Adopted by the Board of Water Commissioners September 12. Zp 06 ��x� o��� SECY.