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RESOLUTION NO. <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING LEASE AMENDMENT #3 <br />FOR T -MOBILE CENTRAL LLC' S CELLULAR INSTALLATION ON THE CITY WATER <br />TOWER AT 660 5TH STREET SW <br />WHEREAS, the City of New Brighton is a municipal corporation, organized and existing under the <br />laws of the State of Minnesota; and, <br />WHEREAS, the City Council of the City of the New Brighton has adopted a comprehensive plan <br />and corresponding zoning regulations to promote orderly development and utilization of land within <br />the city; and, <br />WHEREAS, the City leases space to cellular carriers on its water towers and park space for cellular towers <br />to benefit the public both financially and technologically; and <br />WHEREAS, the City and Sprint PCS, a Delaware limited liability company ("Sprint"), entered into a Tower <br />Lease Agreement dated September 15, 1999, to rent space for cellular equipment on the City Water Tower at <br />660 5h Street SW; and <br />WHEREAS, such leases will need to be amended from time to time to acknowledge changes to the <br />installation or changes to the terms of the lease; and <br />WHEREAS, the City and Sprint entered into Amendment #1 to this lease on July 25, 2005; and <br />WHEREAS, the City and Sprint entered into Amendment #2 to this lease on November 8, 2019, to extend <br />the length and terms of the lease; and <br />WHEREAS, on April 1, 2020, T -Mobile acquired Sprint and merged both companies under the banner of <br />T -Mobile; and <br />WHEREAS, T -Mobile is now seeking approval of Amendment #3, attached as Exhibit A, to authorize a <br />change out of former Sprint equipment in favor of new T -Mobile equipment, and this new installation must be <br />reflected on the lease; and <br />WHEREAS, the equipment change out will not trigger any changes to the terms of the lease. <br />Page I <br />