HomeMy WebLinkAbout6.j. Antenna Lease Agreement - Clear Wireless LLC4MO. EMOU T EXECUTIVE SUMMARY
UTILITY COMMISSION
City Council Meeting: March 16, 2010
AGENDA ITEM: Antenna Lease Agreement — Clear
AGENDA SECTION:
Wireless LLC
Consent
PREPARED BY: Andrew J. Brotzler, PE, Director of P
AGENDA NO. 1 n '
Works /City Engineer
4' .
ATTACHMENTS: Utility Commission Executive Summ
from March 8, 2010 Meeting; Draft Utility
APPROVED BY:
Commission Minutes; Lease Agreement
DZIJ
RECOMMENDED ACTION: Motion to Enter into a Tower Lease Agreement with Clear
Wireless LLC and authorize the necessary signatures.
ISSUE:
Consider request for tower antenna lease agreement with Clear Wireless LLC for Chippendale Tower.
BACKGROUND:
The Utility Commission reviewed an application and antenna lease agreement with Clear Wireless for the
installation of six (6) antennas on the Chippendale Tower. A copy of the application and lease agreement
are attached for Council information. Also attached is a summary of existing tower leases and rates. The
proposed lease rate is based on the existing rates in -place within the City. These rates were compared with
neighboring community rates three years ago and were found to be similar.
Based on the application and existing lease rates, the following terms are recommended:
1. Initial annual rate of $11,850. ($1,975 per antenna)
2. Annual increase according to CPI or 5 %, whichever is greater
The City attorney has reviewed the attached lease agreement and finds everything in order.
The Utility Commission recommends City Council approval of the attached agreement.
SUMMARY:
Staff recommends City Council approval of the tower antenna lease agreement with Clear Wireless LLC.
G: \Antenna Leases \CLEARWIRE \03162010 CC Clearwire Lease Agreement doc
e
f ROSEMOUNT EXECUTIVE SUMMARY
UTILITY COMMISSION
Utility Commission Meeting: March 8, 2010
AGENDA ITEM: Antenna Lease Agreement - Clearwire
AGENDA SECTION:
New Business
PREPARED BY: Andrew J. Brotzler, PE, Director of Public
AGENDA NO.
Works /City Engineer
6a.
ATTACHMENTS: Application, Draft Agreement, Summary
APPROVED BY:
of Existing Lease Agreements and Rates
,
RECOMMENDED ACTION: Motion to Recommend City Council Approval of a Tower
Lease Agreement with Clearwire.
ISSUE:
Consider request for tower lease agreement by Clearwire.
BACKGROUND:
Clearwire has submitted an application for the installation of six (6) antennas on the Chippendale Tower.
Based on this application, Staff has developed a draft tower lease agreement and submitted the application
and plans to the City's consultant for review and comment. A copy of the application, draft agreement
and initial review comments are attached for Commission information. Also attached is a summary of
existing tower leases and rates.
Based on the application and existing lease rates, the following terms are recommended:
1. Initial annual rate of $11,850. ($1,975 per antenna)
2. Annual increase according to CPI or 5 %, whichever is greater
SUMMARY:
Staff recommends Utility Commission approval of the Antenna Lease Agreement.
GAAntenna Leases \CLE. \RWIR17 \03082010 UC Cleanvire Lease Agreement- Chippendale.doc
CITY OF ROSEMOUNT
WATER TOWER ANTENNA SITE APPLICATION FORM
Please provide the following information:
Which Tower Site: Chippendale ( #1) X Connemara ( #2)_ EastSide ( #3)i Bacardi ( #4)_
1. Name of ApplicantClearwire
2. Address of Applicant:23100 Providence Dr Ste 133
Southfield, MI 48075
3. Contact Person for Applicant: Kathie Hayes, Representative for Clearwire
4. Telephone and Fax Number for #3:P: 248 - 208 -9668• F• 248208 -9692
5. Proposed Radio Band: N/A
6. Proposed Radio Frequency(s)•2500 - 2686 MHz
7. Technical Advisor (if any Tulio Hernandez
7. What type of Service.-Wireless Data
Proposed Base Station(s): Mfg.: Motorola
Model: R7- 54DXCWACD
Power Output:* attached sheet
Antenna Type: N/A
9. Mfg, and Model of Pertinent Equipment(Atuch addlmes as necessary) See attachedsheet
10. Desired Date of Facility Operation: 3/1/2010
11. Describe Space and AC Power Requirements: 7' x 7' lease space on ground near base
of tower
(Attach Site Drawings)
The Application /Form requires a norrefutMable application fee of $2,500.00 (Payable to the City of
Rosemount). In the event that the City Consultant and Legal costs are more than $2,500, the applicant
responsible for those additional costs.
After allpertinent information is assembled, return the Application Form and submit to:
City Engineer
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
C \Documents and Settingkkathie hayekDesktop\C1evwire MMINW0294Candidate IkLeasing Docs\ANTENNASrrEAPPUCA nONFORM.d=
T
COMMUNICATIONS SITE USE APPLICATION
Owner's Technical Contact Phone Number
DATE OF SUBMITTAL
1/2S/2010
PROJECTED INSTALLATION DATE
03/01/10
OWNER'S SITE NAME
Chippendale Water Tower
4400 Carillon Point
OWNER'S SITE NUMBER
Tenant SITE NAME
Rosemount -160th St W A Chippendsb Ave
Tenant SITE NUMBER
MN- MSPoZl4
ADDRESS
14950 Chippendale Road
4400 Carillon Point
CITY
Rosemount
Klrldand
STATE MN
ZIP 66068
LATITUDE 44.78222222
LONGITUDE - 93.13663833
SERVICE TYPE(Celtukr, PCS,
SITE TYPE (Guyed, Lanier. Mopole Roof, Other)
on
Water Tower
LICENSED ENTITY NAME
Clear Wireless
STATE OF INCORPORATION Nevada
NOTIFICATION ADDRESS
4400 Carillon Point
CITY
Klrldand
STATE WA
ZIP 16083
SILLM ADDRESS
4400 Carillon Point
CITY
Klrldand
STATE WA
ZIP 96033
SERVICE TYPE(Celtukr, PCS,
m Wireless Comunieatlons
SMR)
SIGNATOR
Jason Callonto
773 -251 -4784
LEGAL
Mike McCrary
706- 966 -4289
847 - 212 -!968
RF ENGINEER
Julio Hernandez
240 -277 -4689
CONSTRUCTION ENGINEER
Dave Austin
651- 263 -6617
doddandw
REAL ESTATE/SITE ACQ
FMHC /Kathie Hates
248- 208 - 9668
248- 206-46f2
OTHER
Please, list each address on separate sheet for the above ealtsc& If dlTwwM horn the melgny address
Q1ya -ma 8 AW M 1.0
RECEIVE OR TRANSMIT?
Both
Both
MANUFACTURER
Kathrein
Andrews
TYPES OF ANTENNAS
Quad -pole
MW
MODEL #
840 -10054
VHLP2.5 -18
ANTENNA WEIGHT
35 Ibs
27 Ibs
ANTENNA DIMENSIONS (HxWxD)
42" x 12.7" x 2.8'
2' dish
ANTENNA MOUNT HEIGHT
129'
130'
RAD CENTER AGL
131'
131'
MOUNT TYPE
Ring Mount
Ring Mount
TOWER LEG / FACE
ORIENTATION
Dual Mount Stand-off
Dual Mount Stand -off
AZIMUTH of RADIATION
30, 150,270
0, 163,244
TX FREQUENCY /MODULATION
MODE
2500 - 2686 MHz
18 GHz
RX FREQUENCY /BANDWIDTH
2500 - 2686 MHz
18 GHz
RX SENSITIVITY
N/A
N/A
ANTENNA POLARIZATION
N/A
Horizontal
ANTENNA GAIN
17 dB)
34 dBl
# of LINES PER ANTENNA
1
I
LINE TYPE
Huber- Suhner
Eupen
LINE DIAMETER
5/16'
1R'
MANUFACTURER
Huawei
TYPE a MODEL
RF Head/ RRU 3702
TYPE of SERVICE
TX/RX
RACK/CABINET/BTS DIMENSIONS
Y x 6'
CALL SIGN
N/A
TX FREQUENCY
2500 - 2686 MHz
TX POWER OUTPUT (O Output Port)
10 Watts
RX FREQUENCY
2500 - 2686 MHz
ERP
N/A
ACTUAL POWER CONSUMPTION
8 KW
ELECTRIC SERVICE REQUIRED (Amps/Voks)
200 artps /120/240VAC
# of OUTLETS
1
COMBINER/# of PORTS
N/A
CABINET ALSO CONTAINS
electronics
Iftor multiple ch annal /antenna systems, provide a narrative attachment. Is then an attachment (check box): YES NO
amopsw4 my hp 2 d 3
Application will remain valid for a period of ninety (90) days from the Date of Submittal on page one of application;
except as otherwise provided In the applicable Master Lease Agreement between Owner and Tenant, if any.
spec /cut sheets d RF block diagram for proposed Installation.
aryo,Finaw Mr hq) d 7
"
N
0 U m <
a_
3
�i
4 a
d �
0 U m <
�u
c
w
K
<dZn
$Z�rc2
�mWt a
m
CL
4
OL
(`n N
=
D1
U
O
C
=
bX
x p
pp
Y
_
pi
�c
U
Y
o
u
Q
m i
>
O
>
Qj
.4
V
N
N
a
Q
J21
o
p
J
a
�V
g
O
a
O
N
M
0
N
N
N
N
N
C7
h
N
10
a_
3
�i
4 a
d �
0 U m <
�u
c
w
K
<dZn
$Z�rc2
�mWt a
m
"
m
N
m
U
a
m
m
C
O
0
0
J
m
m
a�
3�Q
ocw
aj `O P
O�L
c 0 0
0-0°-
f6So
0;I
C10,E
�
O SC
,s
t WE
m8
oac
auk'
a�a
a
CV
.E =0U
oho
0
N
?
rn
c
n
F c 8
_ � b
w i 3
m
4 w aA
s
iZ
cs°
€lit
P
C+
; r7
y
c
o co fl E
° 0 Z S
U UU
� W N
� N
M
L
N N N
J
3 a v
c
p
ry
x
z
I �
O
h
�
I
I
�
1
c
o
<
O
N
ol
h:
m
N
w m
m
V
N
O V
a
cc
F�
m
<
M
3
F x 8
r ,�e
O
m
F n
]i
J
z
a
sa i5
n
o <
a
N
ol
h:
m
N
w m
m
V
N
O V
a
cc
F�
m
<
M
3
F x 8
r ,�e
O
m
F n
]i
J
z
a
sa i5
n
o <
�OREW
ValuLine° III Next Generation Antennas
VHLP2
SPECIFICATIONS
VHLP2 -7W
YHLP2 -I0W
VHLP2 -11
VHLP2.13
TM-15
VMLP2.18
VHLP2.23
OM-26
YHLP2.28
VM n32
M -38
kommV Band, GHz
7.1254.5
10.55 -10.68
10.7 -11.7
1270 -13.25
14.25 -15.35 17.7 -191
21.2 -236
24.15 -263
27.5 -295
31.8 -33.4
37.0 0.0
BaNan Bad Gain, A
29.5
33.7
34.0
35.6
36.5
38.3
391
40.8
41.8
43.4
44.6
Mid Bad Goik A
301
33.8
34.4
351
36.8
381
40.4
41.2
421
431
452
Top Bad Gar4 A
31.9
34.3
35.0
36.0
312
39.1
41.0
41.8
42.7
44.0
45.8
a dames
4.7
3.7
3.3
27
25
21
11
IS
1.3
1.0
49
hoveod, i
57
S6
60
62
65
O
66
68
68
61
66
XPD, di
32
30
30
30
3D
30
30
30
30
30
30
Un Los, dl
171
171
171
171
171
171
171
171
171
171
171
161011"
us(hs
Rio
11 C2
Rio
Rio
120
120
130
140
MQ
RS C31
1SC31
Fa M 101
N/A
CATA'
CAT 1
N/A
N/A
CATA
CNA
CQ A
N/A
N/A
C9
kW Arad
N/A
C2
C2
C2
C2
(2
C2
(2
Q
C2
Q
(atria SISP
N/A
310.5
N/A
312A
3143A
Nob 1
Nab 2
N/A
N/A
N/A
3XAA
An km IPE kvim
707M
708i1L10 r
700
70D4
7008
7012A
7016A
7020A
7024A
7028
70VA
Noft 1: Mesh Canada SRSP 317.7A, 318.5, 318.8
' Un for FCC bond (10.5 -10.7 G1tr)
NMs 2: Msets Ca oda SM 312.2A, 321.88
One Company. A World of Solutions.
ValuLine®III Next Generation Antennas —VHLP2
for mounting
to a48mmto 115 mm
(2 in to 4.5 in) pipe
(not x+ppli d)
A
Antenna Dimensions, mm (in) Antenna Fine Adjustment
A 663 (26.1) fine Axis A t10°
B 35804.0 Fine Elevation t25°
c 72(2.8)
D 143 (5.6)
E 33S(112)
ValuLine III Next Generation Antennas —VHLP2
Wind Loading
The axial, side, and twisting moment forces stated below are the maximum loads applied to the tower by the antenna at
a survival windspeed of 250 km /h (155 mph). They are the result of wind from the most critical direction for each
parameter. The individual maximums may not occur simultaneously. All forces are referenced to the antenna mounting pipe.
L;
�A�
n
Axial force FA 1066 N (240 6)
Side force FS 4% N (III b)
Monad Mr 382 N-ea (292 6$)
Angle A for Mr mmlinnn 00
ZC6` widwA ice, inn (in) 125 (0)
XCG with 12 mm (1/2 in) radial ice, t>aIa tin) 188 VA
FS 'IC, is the aria) tiskinas from 1a coda of P'rf' b b motdeg P4W
Antte>rnna Weights Including Mount
"m w*ad ice, k8 (6) 1228 (27)
Aldento with 12 = (1/2 in) MW ice, kg (6) 24.1(54)
Antenna Packed Weights (Gross)
We*, k9 (lb)
19.42 (43)
Packed Antenna Dimensions (Single Unit Pack)
Dirw1S n, an (in)
70 x 70 x 56 (27.5 x 27.5 x 22.0)
ANDREW® One Company. A World of Solutions.
Andrew C,orp=fion Custmw support Carder All designs, speciticotiom, aid ovoilabilities of products and services presented in this bulletin
3 Westbrook Caporob Center From North Americo are subject to change without notice.
Strict 900 Telephone 1- 800-255-1479 Bulletin PA- 101028.4 -EN (9/07)
Weocheslw, IL 60154 US Fox: 1-80P349 -5444 m 2007 Andrew Corporation, Westchester, IL 60154 US
IMernolional
Telephone: + 1- 708 - 873 -2307
Fax: +1- 779.435 -8579
IMernel. www.andrew.com
K ATH R
SCALA DIVISION
Kathrein Scala's X- polarized adjustable electrical downtift antennas
offer the carrier the ability to tailor sites for optimum performance.
Using variable downtilt, only a few models need be procured to
accommodate the needs of widely varying conditions. Remotely
controlled downtift is available as a retrofitable option.
• 0-100 electrical downtilt range.
• DC Grounded metallic parts for impulse suppression.
• No moving electrical connections.
• Optional remote downtift control.
Specifications:
Frequency range 2496 -269_0 MHz
Gain 16 d& A - -- --
Impedance
50 owns
VSWR --
< 1.5:1 -- -
Intemwdulation (2x20w)
IM3.< -150 d8c --- - - - - -- -
Polarization
+45° and -45°
Front- to-beck ratio
>23 dB typical
Mexlnum input power
300 watts (at 50°C)
H -plane beamwidth —
_ _
87 degrees at mind (half power) -
E-plane beamwidth - --
--------
-- 7 degrees at rnidband (half power)— --
Electrical downtift
continously adjustable
0-10 degrees
Connector
N or 7116 DIN female
Skkkbe suppression for
first sidebbe above horizon
0° 4° 8° 100
15 1515 15 dB (typical)
Null lift
-- -
> -1 dBi to 12° below horizon (typical) --
(17 d8 below_ 16 d8i main beam)
-
Weght
--
10 lb (4.5 kg)
Dimensions
_
42 x 6.1 x 2.7 kiches
(1067 x 155 x 69 mm)
Equivalent flat plate area
2.5 ft2 (0.23 m2) - - --
Wlnd survival rating' _120
mph (200 kph)
Shipping dimensions
48 x 6.8 x 3.6 Inches - -- -- —
(1220 x 172 x 92 mrn)
Shipping weight _ -
13.6 b (6.2 kg)
-_-
Mounting
_
-Fined and tOt -mount options are - - --
available for 2 to 5.7 Inch
(50 to 145 mm) OD masts.
See reverse for order inbmoban. — -- - -- - - --
' Mechanical design is based on environmental conditions as stipulated in
EIA -222 -F (June 1996) and/or ETS 300 019-1 -4 which include the static
mechanical load imposed on an antenna by wind at maximum velocity.
See the Engineering Section of the catalog for further details.
RoHS
10952 -A
840 10057
840 10058
870 Panel Antenna
2496 -2690 MHz
H -plane
Horizontal pattern
345 ° - Polarization
0° electrical downtift
E -plane
Vertical pattern
*45 °- polarization
0° electrical dowrd t
H -plane
Horizontal pattern
*45°- polarization
5° electrical downtift
E -plane
Vertical pattern
345 ° - Polarization
5° electrical downtilt
H -plane
Horizontal pattern
*45 °- polarization
10° electrical downtift
E -plane
Vertical pattern
*45 °- polarization
10° electrical downtlit
Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541) 779.6500 Fax: (541) 779.3991
Email: c ommunicationsQkathrein.00m Intemet: www.kathrein- scalmoom
HUTHHEt
SCALA DIVISION
M!,
2 x 131 1847 Mounting Kit t
k W
35 mm
A
M6 4 ,
Me n
rA nmwnm Aye 737 978 Tilt Kit
F
2 x 738 546 Mounting Kit
Mounting Options:
Model Description
2 x 1311847
Mour '" 2 to 5.7 *r= inch
(50 to I )ODmasL
2 x 738 646
Moues 2 to 4.6 inch
5 to 1?5%:
0 OD mast.
737978
TIN Kit
for use with the 2 x 738 546 mounting kit
0-15 degrees downtift angle.
Order Information:
Model
Description
84010057
Antenna with 7/16 DIN connectors
84010058
Antenna with N oonnectors
84010057
84010058
870 Panel Antenna
2496-2690 MHz
2.625 kx*m * 0.125
(68 mm* 4)
45,3 inch"
(1 51 mm)
44.1 Inches 1:
(1120 mm)
42 Inchies
(1067 mm)
ff
2.7 inches
(69 mm) 6.1 inches
(155 ffun)
All specifications are subject to change without notice. The latest specifications are available at www.kathrein-scala.com.
Kathrein Inc., Scala Division Post Office Box 4580 Medford, OR 97501 (USA) Phone: (541) 779-6500 Fax: (541) 779-3991
Email: oommunicaticons0kathrein.corn Internet www.kathrein-scala.com
�AZ3 a
Lo
�i
i
u:
O
n qy X R
fill I i R
I Jim N
_
Pc
fig,
\ � i
e
/ \
o
.000
o- -.
�A
P U _
1
y
WNWTwpr.w
i
env =nvaaddHa
EXCERPT FROM MARCH 8, 2010 "DRAFT" UTILITY COMMISSION MINUTES
NEW BUSINESS
6a. ANTENNA LEASE AGREEMENT — CLEARWIRE
Executive Director Brotzler presented the Commission with an application to install six antennas on
the Chippendale Tower and a draft lease agreement. He apprised the Commission that this is the
same agreement that came before the Commission in January for Connemara Tower. The terms are
the same the plans are different.
President Mulhern apprised the Commission he had a few questions, but after reading through the
Agreement they were answered.
There were a few questions regarding "Lessee Use 3.05; paragraph 4. After a short discussion it was
determined that Clearwire is a wholesaler of their product and City Administrator let the
Commission know that this paragraph runs in line with the zoning regulations.
MOTION by Schnieder to recommend City Council approval of a Tower Lease Agreement with
Clearwire. Second by Harmsen. Ayes: Schnieder, Harmsen, Mulhern. Nays: None. Motion
carried.
TOWER LEASE AGREEMENT
This Lease Agreement ( "Agreement ") is made and entered into as of ,
2010, by and between CI"T"Y OF ROSE MOUNT, a Minnesota municipal corporation, with an office
at 2875 145th Street West, Rosemount, Minnesota, 55068 -0510 ( "Lessor ") and Clear Wireless LLC,
a Nevada limited liability company, ( "Lessee ") its successor and assigns, for the leasing of certain
property interest at the Chippendale Water Tower site (Tower No. 1), at 14950 Chippendale
Avenue, Rosemount, Minnesota pursuant to the following terms:
A) Lessor is the owner of certain real property located in the County of Dakota, State of
Minnesota, described in Exhibit "A ", attached hereto and made a part hereof by this reference (the
"Property")
B) Lessee desires to obtain a lease on a portion of the Property consisting of tower space for an
antenna system and ground space (approximately 49 square feet) for an equipment compound (the
"Premises "), as well as right of ways for ingress and egress and utilities thereto. The Premises are
described in Exhibit "A ", attached hereto and made a part hereof by this reference. The Premises
may be more specifically described following a survey which may be obtained at a later time.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and Lessee agree as follows:
ARTICLE 1
In addition to the terms that are defined elsewhere in this Agreement, the following terms
are used in this Agreement:
A) Tower: The Tower located at 14150 Chippendale Avenue
on which a portion of the Premises are located.
B) Lessor: City of Rosemount
C) Lessor's Address: 2875 145th Street West
Rosemount, Minnesota 55068 -0510
Telephone: (651) 423 -4411
D) Lessor's Rent Payee:
E) Lessee:
F) Lessee's Address:
City of Rosemount
2875 145th Street West
Rosemount, Minnesota 55068 -0510
Telephone: (651) 423 -4411
Clear Wireless LI.0
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
425 - 216 -7600
G: \Antenna Final ].case Agreement - Chippendale Towcr.doex
With a copy to: Attn: Legal Department
4400 Carillon Point
Kirkland, WA 98033
425 -216 -7600
G) Commencement Date: The initial term of this Agreement shall begin on the
"Commencement Date" (as hereafter defined) and subject to the terms of Paragraph
3.07 following, shall end on December 31, 2014 (the Expiration Date). The
Commencement Date shall be the date on which all conditions precedent detailed in
Exhibit "C" have been met, but in no event later than June 1, 2010.
H) Rent: Eleven Thousand Eight Hundred Fifty Dollars ($11,850.00) annually in the
first year and as a minimum, further described in Section 3.02. Lessee shall pay the
Owner rent annually in advance beginning ten (10) days after the Commencement
Date for the first year and thereafter on the First (1st) day of January. Any initial
partial year will be prorated.
1) Extension Periods: Two (2) automatic renewal periods of five (5) years, beginning at
midnight on the Expiration Date of the initial term.
J) The antenna system will include mounting of up to six (6) antennas, mounting
supports and appurtenances on the Tower as described on attached Exhibit "A ", and
the site drawings.
ARTICLE 2
2.01 RIGHT OF ENTRY. Lessor shall permit Lessee, prior to the
Commencement Date, free access to the Property and the Premises, at Lessee's cost, to conduct
surveys, subsurface boring tests, feasibility and final configuration assessments, environmental
assessments, and other inspections of the Property and Premises, at Lessee's cost, as Lessee may
deem necessary.
2.02 LEGAL DESCRIPTION. Lessor grants Lessee the right, but not the
obligation, at any time during the term of this Agreement, to obtain a survey of the Premises at
Lessee's expense. The legal description that may be derived from the survey will, upon approval
thereof by Lessor, become part of Exhibit "A" which will be attached hereto and made a part
hereof, and shall control in the event of any inconsistency between it and the original legal
description included in Exhibit "A ".
ARTICLE 3
3.01 LEASE TERM. The term of this Lease shall begin on the Commencement
Date and shall expire on the Expiration Date. Beginning on the Commencement Date, Lessor shall
deliver possession of the Premises to Lessee, together with nonexclusive right for ingress and egress,
seven (7) days a week, twenty -four (24) hours a day, and for the installation and maintenance of
G: \Antenna Leases \(:1.I ?ARw1RI \02252010 Final Lease Agreement - Chippendale Towcr.docx
2
utility wires, cables, conduits, and pipes under, or along a twenty -foot wide right -of -way and
easement extending from the nearest public right -of -way, to the Premises, at a location to be
approved by the Lessor's City Engineer..
Lessor agrees to execute without delay any easement documents covering the then current
lease term as may be required by any utility company in connection with Lessee's use of the
Premises.
3.02 RENT. This Agreement shall be for an initial term of five (5) years (plus a partial
first year), commencing on the Commencement Date, at an annual rental of Eleven Thousand Eight
Hundred Fifty Dollars ($11,850.00), increased annually by an amount equal to the percent change in
CPI or five percent (5 1/6) whichever is greater, as set forth herein. All rent shall be paid on or before
the first day of each year immediately following the Commencement Date of the initial term and any
Renewal Terms of this Agreement, except that for the initial term, Lessee shall pay one (1) years
rent, in advance, (partial year will be prorated) on the Commencement Date and resume payment of
the rent on the second year of the initial term which will start on January 1st following the
Commencement Date.
The rent shall be increased on January 1st of each subsequent year, by an amount equal to
the increase in the Consumer Price Index ( "CPI ") or five (5) percent whichever is greater, as
provided herein. The first year of the increase will be five percent (5 1/6) or CPI, whichever is greater.
The CPI shall mean the "Consumer Price Index for all Urban Consumers, all Cities, all Items
(1967= 100)" as published by the United States Department of Labor Statistics, or if such index shall
be discontinued, the successor index thereto, or if there shall be no successor index, such
comparable index as shall be mutually agreed upon by the parties hereto. Lessor shall be responsible
for communicating all rental increases to the Lessee. Until such time as Lessor makes such
computation and provides Lessee with documentation of any rental adjustment, Lessee shall pay. to
Lessor the Rent in the identical annual amounts paid by Lessee in the preceding lease year preceding
the rental adjustment and, in the event the rental adjustment computation provided by Lessor
requires an increase in the amount of the annual Rent, Lessee shall, within thirty (30) days following
Lessor giving notice to Lessee of the computation of any such increase, pay to Lessor the amount of
such increase. If the CPI is discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain substantially the same result as if the CPI
had not been discontinued or revised. In the event Lessee disagrees with Lessor on the CPI
calculation, the parties shall submit this matter to binding arbitration in accordance with the rules of
the American Arbitration Association. Each party shall be responsible for their own costs and fees.
Such rent shall be paid to the City of Rosemount or to such other person, firm, or place as
the Lessor may, from tune to time, designate in writing at least thirty (30) days in advance of any
rental payment date.
3.03 RIGHT TO EXTEND. The Lease shall automatically renew for each
additional five (5) year term unless Lessee pro - Irides written notice 60 days prior to the end of the
current term.
3.04 RENEWAL RENTAL. The annual rental for each year of the five (5) year
extension terms shall increase as described in Article 3.02.
GAAntenna I casts \CI..I AIIWIRI3 \02252010 final ).case Agmement - (:hil)pcndalc 7'rnrer.docx
3
3.05 LESSEE'S LSE. Lessee shall use the Premises for the purpose of
constructing, maintaining, and operating a wireless communication facility and uses incidental
thereto (the "Facility', consisting of ground space of not to exceed 49 square feet (7' x 7'), a
number of panel and dish antennas, none of which to exceed six feet (6') in height, and all necessary
connecting wave guide and appurtenances attached to Lessor's existing water tank. Six (6) antennas
or their supports, shall be mounted as described on Exhibit "A" and the site drawings, unless prior
approval from the Lessor is obtained.
The Facility consists of a tower mounted antenna system and ground space for an
equipment pad as shown on Exhibit "A ", including all necessary connecting appurtenances
sufficient to be a fully operable communications facility for its intended licensed communications
coverage areas. Thus may include, radio transmission and computer equipment, batteries and
generator equipment. All improvements shall be at Lessee's expense. Lessee shall maintain the
Premises in reasonable condition. All private utilities such as electrical power, natural gas,
telephone, or other cables required by the Lessee shall be installed underground at the Lessee's
expense, and in locations approved by the City Engineer.
In addition, in the event of a natural or man -made disaster, in order to protect the health,
welfare, and safety of the community, Lessee may erect additional telecommunications facilities and
install additional equipment on a temporary basis on the Property to assure continuation of service.
Such temporary operation shall not exceed ninety ()0) days unless written approval is obtained from
the Lessor.
Lessee hereby consents to the use of Lessor's Property by one or more additional
communication providers for the erection, operation, and maintenance of transmission facilities
(including antenna structures) so long as, to each such additional provider; a) Lessor provides not
less than thirty (30) days prior notice to Lessee of the erection of such facility, together with facility
specifications, b) no changes shall be made to the antenna structure of such other provider without
thirty (30) days prior written notice to Lessee. Lessor shall require that any agreement with such
other provider shall include a provision requiring compliance by such other provider with the
provisions of this section.
3.06 INTERFERENCE. Lessor will require all occupants at this location to adhere to
the same technical standards as set forth herein.
In its use of the Premises, Lessee will not interfere with the operations of Lessor, the
communications of public safety or service agencies including public schools, fire departments,
police departments, sheriff departments, or the communications conducted by public services
provided by Lessor such as water and sewer services. In the event of any such interference, Lessee
shall take all actions necessary to eliminate such interference in accordance with reasonable technical
standards. If any such interference inhibits Lessor's operations on the Property, and Lessee does
not correct or commence to correct such interference within 24 hours, or if there are intermediate
levels of interference and Lessee does not correct or commence to correct such interference within
thirty (30) days, Lessee shall discontinue operating such equipment, on Lessor's demand, unless and
until it can be operated without interference, or shall replace the interfering equipment with
alternative equipment that does not cause such interference. All efforts to commence to correct
GAAntenna ] eases \C],I. A)tWIRIs \02252010 final Lease Agrecmau - Chippendale Trnver.dncx
4
interference shall proceed to completion with reasonable diligence. Lessee shall additionally have
the option to terminate this Agreement, without termination fee described in Article 3.07.
Upon written notice by Lessor that Lessor has a bona fide request from any other party to
Iease or otherwise occupy the Premises, Lessee agrees to provide the Lessor within sixty (60) days
the radio frequencies currently in operation or to be operated in the future of each transmitter and
receiver installed and operational on the Premise, which shall not exceed 180 frequencies at the time
of such request. Lessor may then have a registered professional engineer of Lessor's choice perform
the necessary interference studies to insure that Lessee's frequencies will not cause harmful radio
interference to other tenants. For the purpose of Ibis Agreement, harmful interference shall be defined as
Iran unitterr that produce necciver desensing because of inadequate frequency ,spacing between new transmitters and
existing necehm s, or to ammulters that produce second, third or fifth order haermodWatim products within manly (20)
KF-Iti of existing receivens on the Premises Lessee shall pay to Lessor a change for the portion of such studies
reasonably related to Lessee's fieguendes in an amount not to e:� teed five hundred dollars ($500) per study.
Should subsequent occupants cause any interference with the operations of Lessee, and if
such interference is not eliminated, Lessee shall have the right to terminate this Agreement without
any penalty or further liability or seek injunctive relief enjoining such interfering use generated by
any other subsequent occupant of the Property.
3.07 TERMINATION. This Agreement may be terminated, without any penalty or
further liability unless described herein, on sixty (60) day written notice as follows: a) by either party
on default of any covenant or term hereof by the other parry, which default is not cured within sixty
(60) days following receipt of notice of default (without, however, limiting any other rights available
to the parties pursuant to any other provisions hereoO except in the case of Lessor default, Lessee
may exercise termination rights without fee or charge; or b) by Lessee if it is unable to obtain or
maintain any license, permit or other governmental approval necessary to the construction or
operations of the Facility or Lessee's business; or c) by Lessee if the Premises are or become
unacceptable to Lessee under the Lessee's design or engineering specifications for its Facility or for
the communications systems to which the Facility belongs.
No later than sixty (60) days after the termination of this Agreement, by expiration of the
term or otherwise, Lessee will remove its personal property and fixtures and restore the Premises to
their condition on the Effective Date, reasonable wear and tear and casualty loss excepted.
Notice of the Lessee's exercise of its right to terminate shall be given to Lessor in writing by
certified mail, return receipt requested, and shall be effective upon receipt of such notice by the
Lessor as evidenced by the return receipt. All rentals paid for the lease of the Property prior to said
termination date shall be retained by Lessor, Upon such termination, this Agreement shall become
null and void and all the parties shall have no further obligations, including the payment of money,
to each other, except established rental payments to the Lessor shall be continued for the remainder
or the current five (5) year lease period at a reduced rate of 50% of the then current rate at the time
of the Agreement termination, which amount shall not exceed 900% of the annual rent. This clause shall
not be effective if a government agency cancels a permit or license which prevents Lessee form
using the property for its intended purpose.
G: \Antenna Ixises\CIds:1RWI Ill \02252010 Final Lease Agreement - Chippendale Tower.doex
5
ARTICLE 4
4.01 LESSEE'S INSURANCE. At all tunes during the term, Lessee, at its own expense,
shall maintain; I) "All Risk" property insurance for its property's replacement cost; (ii) commercial
general liability insurance for bodily injury or death /property damage arising out of any occurrence.
The minimum limit of liability, combined single limit coverage, shall continuously be maintained at
the then current limit of Lessor's liability under Minnesota Statutes, Section 466.04 for any number
of claims arising out of the same occurrence; and (iii) worker's compensation insurance as required
by law.
Lessee will name the Lessor as an additional insured under its commercial general liability
policy. Lessee will require its insurance company to give at least thirty (30) days prior written notice
of termination or cancellation of the policy to the additional insured.
4.02 LESSOR'S INSURANCE. At all times during the term of this Agreement, Lessor
will carry and maintain fire and extended coverage insurance covering the Tower, its equipment and
common area furnishings in amounts not less than their full replacement costs. Lessor shall also
carry commercial general liability insurance in amounts reasonably determined by Lessor. The
minimum limit of liability coverage shall continuously be maintained at the then current limit of
Lessor's liability under Minnesota Statutes, Section 466.04.
4.03 WAIVER OF SUBROGATION. Lessor and Lessee each waive any and all rights
to recover against the other, or against the officers, directors, shareholders, partners, joint ventures,
employees, agents, customers, invitees or business visitors of such other party, for any loss or
damage to such waiving party arising from any cause covered by any property insurance required to
be carried pursuant to this section or any other property insurance actually carried by such party.
Lessor and Lessee, from time to time, will cause their respective insurers to issue appropriate waiver
of subrogation rights endorsements to all property insurance policies carried in connection with the
'Power or the Premises or the contents of either.
4.04 DAMAGE,. If the Premises or a portion of the Tower necessary for Lessee's
occupancy is damaged during the term of this Lease by any casualty which is insured under standard
fire and extended coverage insurance policies, Lessor will repair or rebuild the Premises to
substantially the condition in which the Premises were immediately prior to such destruction. The
Rent or Renewal Rent, as applicable, will be abated proportionately during any period in which there
is substantial interference with the operation of Lessee's business. If the Premises are damaged to
the extent that it would take, in Lessor's and Lessee's reasonable judgment, more than thirty (30)
days to repair, then either Lessor or Lessee may terminate this Lease.
4.05 CASUALTY. I£ any portion of the Owner's Property or Communications Facility is
damaged by any casualty and such damage adversely affects Lessee's use of the Property, this
Agreement shall terminate as of the date of the casualty if Lessee gives written notice of the same
within thirty (30) days after Lessee receives notice of such casualty.
GAAnteoma 1.. cases \CL1 Alt \VIR1 \02.752010 final lease Agreement - Chippendale Trneer.docs
rel
ARTICLE 5
5.01 LESSOR COMPLIANCE. Lessor represents and warrants that, as of the date of
this l.case, the Premises and the Property comply with all applicable laws, statutes, ordinances, rules,
codes, regulations, orders, and interpretations of all Federal, State and other governmental or quasi -
governmental authorities having jurisdiction over the Property (collectively, "Laws "). At its sole
cost and expense, Lessor will promptly comply with all Laws, and will cause the Premises and the
Property to comply with all Laws, except to the extent that such compliance is required solely as a
result of Lessee's use or occupancy of the Premises. If any modifications are required to be made to
the Property after the date hereof as a result of any Laws, Lessee shall have no liability for any costs
therefor, whether as a pass - through of operating expenses or otherwise.
5.02 LESSEE COMPLIANCE. Lessee will promptly comply with all Laws relating to
Lessee's use or occupancy of the Premises. At its sole cost and expense, Lessee will promptly cause
the Premises to comply with all Laws to the extent that such compliance is required solely as a result
of Lessee's use or occupancy of the Premises.
5.03 ENVIRONMENTAL MATTERS. a) Lessee will be solely responsible for and will
defend, indemnify, and hold Lessor, its agents, and employees harmless from and against any and all
direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection
with the cleanup or restoration of the Premises associated with the Lessee's use of Hazardous
Materials; b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its
agents, and employees harmless from and against any and all direct claims, costs, and liabilities,
including attorney's fees and costs, arising out of or in connection with the clean -up or restoration
of the Premises associated with the Lessor's use of Hazardous Materials. Nothing herein shall be
deemed waiver by the Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter
466. Lessor hereby states that, to the best of Lessor's knowledge, prior to Lessee's use of the
property there are no "Hazardous Materials" present on the Property; c) "Hazardous Materials"
means asbestos or any hazardous substance, waste, or materials as defined in any Federal, State, or
local environmental or safety law or regulation including, but not limited to, CERCLA. Lessee shall
state the nature of hazardous materials at the facility including, asbestos, batteries and fuel supply.
The obligations of this section shall survive the expiration or other termination of this
Agreement.
ARTICLE 6
6.01 UTILITIES AND TAMES. Lessee will be responsible for all utilities required by its
use of the Premises. Lessee will pay its proportionate share of utilities furnished by Lessor, or will
arrange to have its utilities separately metered.
Lessee will pay any increase in real estate taxes, or any governmental charge or assessment
arising by reason of Lessee's occupancy, use or operations on the premises. In the event that the
real estate tax assessment on Lessor's property reflects Lessee's improvements, Lessor agrees to
provide to Lessee in a timely manner, a copy of the assessment. Lessee may contest, at its expense,
any assessment imposed on the Premises or Lessee's activities.
GAAntenna lxa%cw \C:LI ARXVIRl:i \02252010 Final Lease Agreement - Chippendale Tower.doca
7
6.02 TITLE AND QUIET ENJOYMI= ],NT. Lessor represents and warrants to Lessee
that a) Lessor has full right, power and authority to execute this Agreement, and will provide Lessee
with evidence of such authority; b) Lessor has good and marketable title to the Premises free and
clear of any liens or mortgages except those matters which are of public record as of the Effective
Date; and c) there is direct legal ingress and egress to the Premises for Lessee's use for vehicles and
pedestrians from a public right -of -way. Lessor further covenants that Lessee shall have quiet
enjoyment of the Premises during the term of this Agreement and any renewal thereof. For any
encumbrance which is a matter of public record, Lessor will promptly obtain from such
encumbering entity a non - disturbance agreement stating that so long as Lessee is not in default
hereunder, this Agreement will continue in full force and effect.
Lessor agrees to notify Lessee immediately if at any time during the term of this Agreement,
Lessor decides to subdivide, sell or change the status of the Premises or the Property, or if Lessor
learns of any pending or threatened or contemplated actions, litigation, claims, condemnations or
other proceedings which would affect the Premises or any part of the Premises, or any land use or
development proposals affecting property in the vicinity of the Property of which Lessor receives
actual notice.
6.03 SUCCESSORS AND ASSIGNS. This Agreement shall run with the Property and
shall be binding on and inure to the benefit of the parties, their respective successors, personal
representatives and assigns.
6.04 COMPLETE AGREEMENT. It is hereby mutually agreed and understood that
this Agreement contains all agreements, promises and understandings between Lessor and Lessee
and that no other agreements, promises, or understandings shall or will be binding on either Lessor
or Lessee in any dispute, controversy or proceeding at law and any addition, variation or
modification to this Agreement shall be void and ineffective unless in writing and signed by parties
hereto.
6.05 APPLICABLE LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State in which the Premises are
located.
6.06 NOTICES. All notices and other communications including changes in Lessor's
Rent Payee, required or permitted under this Agreement shall be in writing and shall be given by
United States first class mail, postage prepaid, registered or certified, return receipt requested, or by
hand delivery (including by means of a professional messenger service) addressed to the party for
whom it is intended at its address set forth in Article 1. Any such notice or other commuiueation
shall be deemed to be effective when actually received or refused. Either party may by similar notice
given change of address to which future notices or other communications shall be sent.
6.07 AUTHORITY. Each of the individuals executing this Agreement on behalf of the
Lessee or the Lessor represents to the other party that such individual is authorized to do so by
requisite action of the other party to this Agreement by requisite action of the party to this
Agreement on behalf of which it is executed.
G: \Antenna I.A:ascs \C ;L.CiAIZWIRi? \0225010 final Lease Agreement - Chippazdale Tower.docx
6.08 DUTIES. This section intentionally left blank.
6.09 RECORDING. Lessor shall execute and Lessee shall be permitted to record, at any
tune, a memorandum of this Agreement. If this Lease Agreement is terminated prior to the
expiration of its term, Lessee shall record an appropriate instrument to clear the memorandum from
the title to the Property.
6.10 ADDITIONAL. MAINTENANCE EXPENSES. All additional expenses of
maintaining the Property, including painting or other maintenance of the water tower on which
Lessee's antennas are to be mounted, which result from Lessee's occupancy of the Property, shall be
paid promptly to Lessor. by Lessee upon Lessor's notice to Lessee of such additional costs.
6.11 APPROVAL. Lessee may not erect the Facility or other improvements on the
Property until Lessee receives all approvals from the Rosemount City Council pursuant to applicable
city ordinances.
6.12 PRIMARY USE. The primary purpose of the tower is to provide water service to
residents of Rosemount. In the event that the use of the tower for water service is jeopardized
because of antenna usage on the tower, the Lessor may require Lessee to make such adjustments to
its facilities or operations as are necessary to ensure that Lessor's use is no longer jeapordized.
6.13 CONDEMNATION. If a condemning authority takes any portion of the Lessor's
Property and such taking adversely affects Lessee's use of the I..essor's Property, this Agreement
shall terminate as of the date of taking, if Lessee gives written notice of the same within thirty (30)
days after Lessee receives notice of such taking. Lessee shall be entitled to no portion of any
condemnation award except the value of its physical improvements on the Property. Upon
termination of this Lease by reason of condemnation, Lessor shall return to Lessee any prepaid rent,
prorated to the date of taking. Lessee may make claims against the condemning authority for any
relocation benefits to which it may be entitled by law. Sale of all or part of the Property to a
purchaser which has the power of eminent domain in the face of the exercise of the power shall be
treated as a taking by condemnation, and the date of such conveyance shall be deemed the date of
taking.
6.14 MISCELLANEOUS.
A) 'Phis Agreement may be signed in counterparts by the parties hereto.
B) Each party agrees to furnish to the other, within ten (10) days after request, such truthful
estoppel information as the other may reasonably request.
C) Lessee represents that they have not been represented by a real estate broker or other listing
agent in this transaction for purposes of commission, fee or other payment to such broker or any
other leasing agent claiming to have represented Lessee. If Lessor is represented by broker or listing
agent Lessor is responsible for all commission, fee or other payment to such agent.
D) Accurate as -built or record drawings as approved by the City Engineer shall be provided to
the City within 30 days after installation of Lessee's facilities.
G: \Antenna Leases \(:I..I?:Utwlltl \02252010 final Lease Agmement - Chippoidalc Towendocx
we
F:, The rights of Lessee under this Agreement are subject and subordinate to the rights of lessee
Sprint Spectrum under that certain Tower lease Agreement by and between the City of Rosemount
and Sprint Spectrum dated April 17, 1997 and AT & T under that certain Tower Lease Agreement
by and between the City of Rosemount and AT & T dated April 18, 2000. Lessee acknowledges
receipt of a copy of said Tower Lease Agreements.
F) Lessee shall place no advertising on the site or on any structure on the site.
G) All antenna panels will be painted to match the water tower.
H) All landscaping and turf which is damaged by Lessee shall be restored to a condition reasonably
acceptable to Lessor.
I) Lessee shall not use any process or method in the installation, maintenance or removal of any
improvement on the water tower by means of welding, cutting tool, or other device, which could
damage the water tower, including its interior and exterior paint or any equipment attached thereto,
without the Lessor's prior written consent, which shall not be unreasonably withheld.
J) Lessee must keep the property free of debris and anything of a dangerous, noxious or offensive
nature or which would create a hazard, undue vibration, heat, noise, etc.
K) Lessee shall remove its Facility at Lessee's cost, upon reasonable notice to allow maintenance,
repair, repainting, or restoration to other activity as reasonably required by Lessor. There may be
scheduled interruptions in use of the Facility. Except in the case of an emergency Lessor shall give
Lessee thirty (30) days' notice of repair, repainting or restoration. In case of an emergency, Lessor
may remove Lessee's Facility but shall notify Lessee by telephone within a reasonable time. An
"emergency" shall be deemed to exist only in those situations which constitute an immediate threat
to the health or safety of the public or immediate danger to the Property. In the event the use of
Lessee's Facility is interrupted, Lessee shall have the right to maintain mobile cellular sites on wheels
on the Property or after approved by Lessor, on any land owned or controlled by Lessor in the
immediate area of the Property.
L) Lessee may assign this Agreement to a parent, subsidiary or purchaser of all or substantially all
of Lessee's assets upon prior written notice to Lessor.
G: \Antenna final L sc Agreement - C;hippendalc Tower.docx
10
EXHIBIT "A"
SKETCH AND DESCRIPTION OF PROPERTY:
See attached Exhibit (site drawings)
LEGAL DESCRIPTION OF OWNER'S PROPERTY:
Address: 14950 Chippendale Avenue
Rosemount, Minnesota
Legal:
That part of Lot Twelve (12), Auditor's Subdivision No. 27 contained within the following
description: the Southerly 200 feet of tine Easterly 217 feet of the Westerly 250 feet of the Southwest
Quarter of the Southwest Quarter of said Section 29, Township 115, Range 19, Rosemount,
according to the plat thereof now on file of and of record in the Office of the Register of Deeds in
and for said County and State.
It is agreed by Lessor and Lessee that the precise legal description for the Lessor's Property will be
corrected, if necessary, and that the correct legal description may be placed on this Exhibit "A" by
Lessee.
(3AAntenna Final L.case Agrecment - Chippendale Tower.docs
11
IOU
1111
s
� lip'
4
4
4�
�L
�L
i fig
i
I \
COD
i
ilp
BnNSAd 31ti
)�,A,jj
i
17
V
R
�Q
O
a
� m
R
W
N
a
w�
0
L�
V 3
1g, j!
Jill, s
�°
l
7
W
J
e O o
e N
UJ
1111lit
>4
a
w
lilt
- - l
2a
"
Ohm
Moul III
M
� V3
I
o
■
EXHIBIT "B"
TO SITE AGREEMENT
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into
by written agreement effective the day of , 2010, between the City
of Rosemount ( "Lessor ") whose address is as set forth below and
Clear Wireless I,LC whose address is
, the terms and conditions of
which are incorporated herein by reference.
Such Agreement provides, in part, that Lessor, for valuable consideration, leases to
a part of that certain property owned by Lessor which is described in Exhibit "A" attached hereto
and incorporated herein for a term of five (5 +) years commencing on
, 2010, which term is subject to two (2) additional five (5) year
extension terms.
(ic \Antenna final LLase Agreencnt - Chippendale 7'( >%ver.doex
12
EXHIBIT "C"
TO SITE AGREEMENT
CONDITIONS PRECEDENT
1) All permits from all local or federal land use jurisdictions for the intended use.
2) All local airspace authorities and FAA determination of no hazard to airspace.
3) FCC authorization to utilize this location for the intended use.
4) Review and approval of site plan and landscape (plantings) plan by the City, paid for
by Lessee.
5) Lessee will. pay for a review of the proposed structural addition to the Toivcr by a
registered professional Engineer of the City's choosing.
6) Lessee's technical reports must establish to its exclusive satisfaction that the property is
capable of being suitably engineered to accomplish Lessee's intended use of the property.
GAAntwina RE A0225201 0 final l..case Agreement - Chippendale Towcndocs
13
IN WITNESS WHEREOF, the parties hereto have set their hand and affixed their
respective seals the day and year first above written.
LESSOR: CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
By:
Amy Domeier, City Clerk
LESSEE: Clear Wireless LLC, a Nevada limited liability company
By:
Its: _ JASON CALIENTO_
DIRECTOR- NETWORK DEP
Date %�; I (�� I Cp
G: \Antenna L cases \CLEARWIRI? \0?'520i0Final Lease Agreement - Chippendale Towcr.docx
14
MUNICIPAL CORPORATE ACKNOWLEDGMENT
STATE OF MINNESOTA)
) SS
COUNTY OF DAKOTA }
The foregoing instrument was acknowledged before me this day of
. 200_, by William H. Droste, as Mayor, and Amy Domeier, as City
Clerk, both of the City of Rosemount, a Minnesota municipal corporation, on behalf of the
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public in and for the State
of Minnesota residing at
My appointment expires
U: \Antenna 3,cases \CLhARWIRI:i \02252010 Final ].case Agreement - Chippcndalc Towcr.docs
15
LESSEE ACKNOWLEDGMENT
STATE OF /n, (
)SS
G'ti/F �
COUNTY OF S
The fore omg instrument wa acknowledged �pfore me this day of
2010, by as
as 121 ai EEL of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
�
MICHELLE OX
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
October 14, 2013
Note b ' � f V he State
of l =psi
My appointment expires !P 1 1 t
GAAntemia Leases \CLEARWIRE \02252010 Final Lease Agreement - Chippendale'I'ower.docx
W