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File #: RES 19-2160    Version: 1
Type: Resolution Status: Archived
In control: Board of Water Commissioners
Final action: 12/10/2019
Title: Pertaining to an Amendment No. 1 to Site Lease Agreement between the Board and the City of West Saint Paul.
Attachments: 1. Staff Report, 2. Location Map, 3. Amendment No. 1 to Site Lease Agreement, 4. Resolution 19-2160
Title
Pertaining to an Amendment No. 1 to Site Lease Agreement between the Board and the City of West Saint Paul.



Body
WHEREAS, the Board of Water Commissioners of the City of Saint Paul (the “Board”) and the City of West Saint Paul (the “City”) did enter into an agreement on April 1, 2001 (the “Omnibus Agreement”) that transferred ownership and operation of West Saint Paul’s water system to the Board including the water tower located at 151 Marie Ave East in the city of West Saint Paul (the “Marie Water Tower”), and

WHEREAS, an element of the Omnibus Agreement allowed the City to retain the right to control and administer the leasing of space for wireless communications equipment on the Marie Water Tower; and

WHEREAS, the Board and City entered into a certain Site Lease Agreement dated April 1, 2001 which comprises the terms and conditions required for the City to retain such leasing rights (“Site Lease Agreement”); and

WHEREAS, said Site Lease Agreement terminates on December 31, 2019; and

WHEREAS, the Board and the City desire to amend the Site Lease Agreement so as to terminate only in the event the Omnibus Agreement is terminated; and

WHEREAS, the Board and the City also desire to amend section five (5) of said Site Lease Agreement to correct the official address of the Board and to require the Board give the City thirty (30) days written notice prior to paying overdue additional compensation owed by the City on their behalf; and

WHEREAS, staff has prepared Amendment No. 1 to Site Lease Agreement to accomplish such purposes; and

WHEREAS, Amendment No. 1 to Site Lease Agreement between the Board and the City has been reviewed and approved as to form by the assistant city attorney; now, therefore, be it

RESOLVED, that Amendment No. 1 to Site Lease Agreement between the Board of Water Commissioners of the City of Saint Paul and the City of West Saint Paul pertaining to control and administration of wireless communication facilities leases located on...

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