Resolution - #01-04-192 - 04/24/2001

Home

• • NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact #0550, a conditional use permit (Permit) for twelve (12) antennas located on the City's water tower and the related equipment building located on City owned property is hereby granted to Verizon Wireless, hereinafter referred to as "Permittee ". 2. This permit shall remain in effect until April 24, 2006, as long as the conditions imposed herein are complied with and so long as the Permittee, as Lessee has a valid Lease in place with the City as Lessor for lease of the necessary property on the City's water tower and related land area for the operation of its equipment on the site. However, the Permittee shall have the option for a maximum of four (4) 5 -year renewals, resulting in a total permit period of up to twenty -five (25) years. The Permittee shall be responsible for submitting a written request for permit renewal at least 30 days prior to expiration of the permit. Said written request shall be submitted to City Council for review and consideration. 3. The development of the equipment and storage building shall be constructed in accordance with the site plan dated March 12, 2001 prepared by Design 1 and building elevation plan dated March 23, 2001 prepared by Design 1. Further, the Permittee agrees to relocate, on suitable terms, their equipment into a City owned structure if the City determines that to be the preferred development plan for the site. 4. The landscaping shall be installed in accordance with the landscaping plan dated April 3, 2001, prepared by Design 1. 5. The Permittee agrees to be responsible for the perpetual upkeep and maintenance of the area surrounding the equipment building and the landscaping installed on the Subject Property. 6. Upon termination of the Lease and this Permit, the City may order the removal of the antennae and related equipment upon ninety (90) days notice to the Permittee. Further, if there is an interruption of antenna operations for 12 consecutive months, the antenna and related equipment shall be removed from the property. The Permittee shall provide the City with a letter of credit, performance bond, or another form of security that is acceptable to the City, in the amount of One Thousand Dollars and no cents ($1,000.00), to insure timely removal of the antennae and any related equipment. In the event the antennae and related equipment are not removed in accordance with the City's instructions, the City shall provide notice to the Permittee of the default condition and establish a thirty (30) day time frame in which the Permittee may remedy the default condition. If the Permittee fails to do so within the 30 day time frame, the City Administrator or his/her designee may order the removal with City day labor and/or by letting contracts for said completion and draw upon the financial surety for payment. Only the City Administrator or his/her designee shall have the authority to direct the RESOLUTION #01 -04 -192 Page 2 of 5