Title
Authorizing an agreement between the City and SBA 2012 TC Assets LLC for a cell tower encroachment on City property at 388 Como Avenue.
Body
WHEREAS, SBA 2012 TC Assets, LLC, ("SBA") leases outdoor space on private property located at 415 Minnehaha Avenue West (the "Leased Property"); and
WHEREAS, the City of Saint Paul ("City") owns real property at 388 Como Avenue (the "City Property"), situated immediately north of and abutting the Leased Property; and
WHEREAS, SBA has constructed improvements on the Leased Property consisting, in part, of a cell tower affixed to a concrete base and a separate concrete slab that encroach slightly onto the City Property, as depicted in Exhibit A attached hereto; and
WHEREAS, SBA has requested permission to continue to encroach on the City Property, and the City has agreed to allow the encroachments, subject to various conditions including the City's ability to require removal of the encroachments upon a 30-day notice, as set forth in the Encroachment Agreement attached hereto as Exhibit B; now, therefore be it
RESOLVED, that the City Council hereby authorizes and directs the proper city officials to execute said Encroachment Agreement with the SBA.