HomeMy WebLinkAboutLease Termination letter sent 5-4-15CITY OF
ADBURN
Nancy Backus, Mayor
= WAS H I N GTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
May 4, 2015
Mr. Doug Sandstrom
LEXCOM DEVELOPMENT
10570 SE Washington Street, Suite 211
Portland, Oregon 97216
RE: April 23, 2015 Request to Reconsider Notice of Termination
for VoiceStream Wireless Site Lease Agreement Dated December 4, 2003
Dear Mr. Sandstrom,
The City of Auburn (City) has considered your April 23, 2015 request to reconsider the City's
April 7, 2015 decision to terminate the Site Lease Agreement ("Lease") for the
telecommunications equipment on the City's Lakeland Hills Reservoir #5. The City's decision to
terminate the Lease was based on Paragraph 8(g), Termination of the Lease, which states:
"(g) If for reasons related to public health, safety or welfare, or for any
operational need of the Water Utility, Landlord determines that this Lease
must be terminated, then Landlord reserves rights of unilateral termination
and will do so by providing Tenant with a six month written notice."
The City has determined that re -installation of the telecommunications equipment following the
current reconstruction of and recoating of the reservoir will damage the new coating, and that
providing Voicestream with access to the reservoir for antenna maintenance is not in the best
operational interests of the City.
Therefore, the City maintains its original decision to terminate the Lease, effective October 7,
2015. All equipment, including the temporary pole with the relocated antenna, control cabinets,
fencing, vegetation, and other appurtenances, should be removed from the site by that date.
The City will allow the temporary use permit (TMP14-0026) for the temporary pole to be
extended to the October 7, 2015 deadline.
Please contact me at 253-288-3158 if you have any questions.
Sincerely,
-���
Lisa Moore
Property & Facilities Manager
Cc: Dani Daskam — City of Auburn
Susan Fenhaus — City of Auburn
VoiceStream Wireless Corporation — Legal Department
VoiceStream PCS III Corporation — Lease Administrator Manager
AUBURN *MORE THAN YOU IMAGINED