HomeMy WebLinkAbout5K - Assignment of the Tower Lease Agreement from T-Mobile Central LLC to Mobillitie Investments LLC
AGENDA ITEM:
DISCUSSION:
ISSUES:
FINANCIAL IM-
PACT:
ALTERNATIVES:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE ASSIGN-
MENT OF THE TOWER LEASE AGREEMENT FROM T-MOBILE CENTRAL LLC
TO MOBILlTIE INVESTMENTS LLC.
Introduction
T-Mobile has requested that the City of Prior Lake consent to the assignment of its
Tower Agreement with the City to Mobilitie Investments LLC for lease site
#A 1 P0201A (Willows Park power pole) which is located at 3600 170th Street SE,
Prior Lake, MN.
Historv
The City entered into a Standard Civil Defense/Pole Tower Antennae Agreement
("Agreement") with T-Mobile on August 1, 2008. The Agreement was for an initial
term of five years with automatic renewals for three additional five-year terms.
Section 19-F of the Agreement specifies the requirements for "Assignment and
Delegation." In order for T-Mobile to assign or pledge its rights or delegate its du-
ties under the Agreement, the City must provide prior written consent.
Current Circumstances
A Consent Agreement, prepared by City Staff and the City Attorney, has been for-
warded to T-Mobile and Mobilitie for signatures. A copy of the Consent Agree-
ment is included with this agenda report.
Conclusion
Upon and from the date of assignment, Mobilitie will be assuming all obligations
and responsibilities set out in the Tower Agreement.
The City will provide consent to the assignment subject to the stipulations outlined
in the Consent Agreement.
Mobilitie Investments LLC will assume all financial obligations under the Agree-
ment.
1. Approve the resolution authorizing the Assignment of Lease.
2. Table the Assignment for a specific reason.
3. Deny the Assignment.
::~~::1js;[mme: alternative #1.
Frank Boyles, City r-.tfnajer I www.cityofpriorlake.com
V. . Phone 95,z.447.9800/ Fax 952.447.4245
A RESOLUTION APPROVING THE ASSIGNMENT OF THE CITY'S STANDARD CIVIL
DEFENSE/POLE TOWER ANTENNAE AGREEMENT FROM T.MOBILE CENTRAL, LLC TO
MOBILlTIE INVESTMENTS, LLC
Motion By:
Second By:
WHEREAS, The City entered into a Standard Civil Defense/Pole Tower Antennae Agreement
("Agreement") with T -Mobile Central LLC on August 1, 2008 for lease site #A 1 P0201 A
located at 3600 - 170th Street SE, Prior Lake, MN (Willows Park Power Pole); and
WHEREAS, T-Mobile has requested the City's consent to assign the Agreement to Mobilitie
Investments, LLC ("Mobilitie"); and
WHEREAS, T-Mobile cannot assign or pledge its rights or delegate its duties under the Agreement
without the City's prior written consent; and
WHEREAS,
Upon and from the date of assignment, Mobilitie will assume all obligations and
responsibilities of the Agreement; and
WHEREAS,
T-Mobile will remain responsible for any liabilities prior to the date of the assignment but
also subject to the Agreement.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City's consent to the assignment shall not be valid until Mobilitie Investments, LLC provides the
City with Certificates of Insurance as set forth in the Agreement.
3. The Mayor and City Manager are authorized to execute the Consent Agreement to assign the
Standard Civil Defense/Pole Tower Antennae Agreement from T-Mobile Central, LLC to Mobilitie
Investments, LLC.
PASSED AND ADOPTED THIS 21 st DAY OF SEPTEMBER 2009.
YES
NO
I Haugen
I Erickson
I Hedberg
I LeMair
I Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
CONSENT TO ASSIGNMENT AGREEMENT
This Consent Agreement is entered into this day of , 2009
by and between the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal
corporation ("City"), T -Mobile Central LLC, a Delaware limited liability company
("T -Mobile") and Mobilitie Investments, LLC, a limited liability company
("Mo bilitie").
The City of Prior Lake, Minnesota, a Minnesota municipal corporation and T-Mobile Central
LLC, a Delaware limited liability company are parties to a Civil DefenselPole Tower
Agreement, Lease Site #AIP0201A, dated August 1,2008 (the "Agreement" or "Tower
Agreement". )
T-Mobile and Mobilitie Investments, LLC have entered into a business relationship in which
Mobilitie will acquire T-Mobile's ownership interest in certain cell sites including Lease Site
#AIP0201A.
Section 19-F of the Tower Agreement specifies that the T-Mobile cannot assign or pledge its
rights or delegate its duties under the Tower Agreement without the City's prior written
consent.
T - Mobile has requested, on behalf of itself and Mobilitie that the City consent to the
assignment ofthe Tower Agreement for Lease Site #AIP0201A from T-Mobile to Mobilitie.
The City consents to the assignment subject to all of the following:
1. Upon and from the date of assignment, Mobilitie agrees to assume all obligations and
responsibilities set out in the Tower Agreement.
2. T-Mobile agrees it will remain responsible for any liabilities, known or unknown, that
arose, existed or occurred prior to the date ofthe assignment, but also subject to the
Agreement.
3. Pursuant to Section 15 of the Tower Agreement Mobilitie will provide the City with
proof of insurance in the form of certificates of liability insurance for the types and amounts
of insurance coverage specified in the Agreement. The parties agree and acknowledge that
the City's consent to the assignment is conditioned upon Mobilitie providing evidence of
insurance coverage as provided for herein.
4. T-Mobile will provide the City with an executed copy of the assignment of the Tower
Agreement to Mobilitie within ten (10) days of the assignment.
5. T-Mobile shall be responsible for all costs incurred by the City in connection with its
request for the City to consent to the assignment of the Tower Agreement.
6. If requested by the City, Mobilitie shall execute a Tower Agreement with the City
upon the same terms and conditions set forth in the Tower Agreement it is accepting by
assignment.
In witness hereof, the parties have executed this Consent Agreement as of the dates indicated
below.
T -MOBILE CENTRAL, LLC
Date:
By
Scott McNees
Its National Construction Manager
MOBILITIE INVESTMENTS, LLC
Date:
By
Brent Kimball
Its Network Strategy Director
CITY OF PRIOR LAKE, MN
Date:
By
Frank Boyles
Its City Manager
Date:
By
Jack G. Haugen
Its Mayor
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2009, by Jack G. Haugen and Frank Boyles, the Mayor and City Manager of the City of Prior
Lake, Minnesota, a municipal corporation, on behalf of the City, and pursuant to authority
granted by its City Council.
Notary Public
This document may be signed in multiple copies, each representing an original.
STATE OF
)
) ss.
)
COUNTY OF
On this day of ,2009, before me, the undersigned, a Notary Public
in and for the State of , duly commissioned and sworn, personally
appeared to me known to be an authorized representative
ofT-Mobile Central, LLC, the limited liability company that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of T-
Mobile Central, LLC, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Print Name:
Notary Public in and for the State of
Residing at
My Commission Expires
STATE OF
)
) ss.
)
COUNTY OF
On this day of ,2009, before me, the undersigned, a Notary Public
in and for the State of , duly commissioned and sworn, personally
appeared to me known to be an authorized representative
of Mobilitie Investments, LLC, the limited liability company that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Mobilitie Investments, LLC, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Print Name:
Notary Public in and for the State of
Residing at
My Commission Expires