Adopt Resolution #15-10-265 Reconfirming Lease with SBA Monarch Towers II, LLC with Respect to Certain Real Property Located at 6600 Alpine Drive NW, Ramsey, MN 55393 - Site ID #: MN41323-A - Site Name:  Alpine Park and Authorizing the Mayor and City Administrator to Execute the Proper Documents

Purpose:  To Authorize City Administrator's Signature on Memorandum of Land Lease (MOL), dated January 14, 2014, a tower lease with SBA Communications Corporation.  Authorizing the City Administrator's signature would allow SBA Communications Corporation to record the MOL with Anoka County.

Background:  The City entered into a lease agreement with T-Mobile - later assigned to Mobilite Investments, which has been acquired by SBA Communications Corporation.  The name of Mobilite was changed to SBA Monarch Towers II, LLC, following the acquisition.  SBA is recording a mortgage to the rights of the tenant Leases on the Cell Tower.  As per the recorder's office, they need a resolution from the City indicating that the City Council acted on the confirmation of the lease and directing the Mayor and City Clerk to execute the proper documents required for Torrens property.  Such resolution was drafted and adopted by the City Council on May 13, 2014. 

On September 16, 2015, City Administrator Ulrich received correspondence from Kevin Wellman of SBA Communications, stating the Anoka County Recorder's Office refused to record the MOL pursuant to MN Statute 412.201, which states that "every contract, conveyance, license, or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council."  The contract had been signed by the Mayor and the City Administrator.  Staff contacted Jody Dischinger, Anoka County, to determine how to rectify this issue so the lease can be recorded.  Ms. Dischinger stated that Council would have to amend or re-adopt a resolution stating that the City Administrator has the authority to sign on behalf of the City or the deed would need to be re-printed and re-signed.  Staff feels adopting a resolution authorizing the City Administrator's signature on the Lease would be the quickest and least amount of paperwork.

Staff has drafted a resolution authorizing the Mayor and City Administrator to sign the Memorandum of Land Lease on behalf of the City.

Staff recommends Council Adopt Resolution #15-10-265.

Motion to Adopt Resolution #15-10-265 Reconfirming Lease with SBA Monarch Towers II, LLC with Respect to Certain Real Property Located at 6600 Alpine Drive NW, Ramsey, MN 55393 - Site ID #: MN41323-A - Site Name:  Alpine Park and Authorizing the Mayor and City Administrator to Execute the Proper Documents.