Resolution - #15-10-265 - 10/27/2015

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Councilmember Riley introduced the following resolution and moved for its adoption: RESOLUTION #15-10-265 RESOLUTION RECONFIRMING LEASE WITH SBA MONARCH TOWERS II, LLC WITH RESPECT TO CERTAIN REAL PROPERTY LOCATED AT 6600 ALPINE DRIVE NW, RAMSEY, MN 55303 – SITE ID #: MN41323-A – SITE NAME: ALPINE PARK AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE PROPER DOCUMENTS WHEREAS, in June 2008, the City of Ramsey, A Minnesota municipal corporation, as lessor, entered into a lease with T-Mobile Central, LLC, a Delaware limited liability company, as lessee, for the purpose of constructing a 165-foot high monopole communications tower and locating broadcast facilities equipment, together with a non-exclusive easement across the Property for access, and non-exclusive easements to run utility lines and cables; and WHEREAS, in November 2008, as assigned by an Assignment and Assumption of Prime Lease, by T-Mobile Central, LLC, a Delaware limited liability company, as assignor, to Mobilitie Investments II, LLC, a Delaware limited liability company, as assignee, as may have been, or may hereafter be assigned or amended; and WHEREAS, Mobilitie Investments II, LLC, a Delaware limited liability company, has been recently acquired by SBA Communications Corporation, and changed its name to SBA Monarch Towers II, LLC, a Delaware limited liability company (SBA); and WHEREAS, SBA is recording the rights of the Tenant Leases on their Cell Tower which requires a resolution from the City of Ramsey confirming the lease and directing the Mayor and the City Clerk to execute the proper documents, as required for Torrens property; nad WHEREAS, the Ramsey City Council adopted Resolution #14-05-087 on May 13, 2014, confirming the terms of the lease and authorizing the Mayor and City Clerk to execute the paperwork; and WHEREAS, the paperwork was actually executed by the Mayor and City Administrator; therefore, the Anoka County Recorder’s Office was unable to allow the document to be recorded; and WHEREAS, Ramsey City staff contacted Anoka County to determine what steps needed to be taken to allow for recording of the lease and the two options were to have the lease re-signed or to have the Ramsey City Council adopt a new resolution authorizing the Mayor and City Administrator to execute the land lease. This resolution confirms the latter option. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1.That the City Council of the City of Ramsey hereby reconfirms the terms of the lease as outlined in the Confirmation and Memorandum of Lease and was first confirmed on May 14, 2014.