HomeMy WebLinkAbout6.q. Skylink Antenna Lease Agreement 4ROSEMOUI EXECUTIVE SUMMARY
UTILITY COMMISSION
City Council Meeting: July 15, 2008
AGENDA ITEM: Skylink Antenna Lease Agreement AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineerily AGENDA NO. 10. Cb-
ATTACHMENTS: Lease Agreement, Utility Commission
Executive Summary, KLM Engineering, APPROVED BY:
Inc. Comment Letter, Summary of \w
Existing Lease Agreements and Rates
RECOMMENDED ACTION: Motion to Approve the Skylink Antenna Lease Agreement and
Authorize Necessary Signatures.
ISSUE:
Consider request for tower lease agreement by Skylink Antenna.
BACKGROUND:
Skylink Antenna has submitted an application for the installation of ten (10) antennas on the Chippendale
Tower. This application went to the City Attorney, the Consulting firm of KLM Engineering and the
Utility Commission. A copy of the lease agreement with changes recommended from the City Attorney,
KLM Engineering, Inc. and Utility Commission are attached for Council review. 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 $19,000
2. Annual increase according to CPI or 4 whichever is greater
The proposed initial rate of $19,000 is based on a review of the City's existing antenna lease rates and the
rates of neighboring communities.
SUMMARY:
Staff is recommending Council approve the attached lease agreement and authorize the necessary
signatures per the Utility Commission recommendation upon receipt and review of the final construction
plans.
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TOWER LEASE AGREEMENT
This Lease Agreement "Agreement is made and entered into as of 2008,
by and between CITY OF ROSEMOUNT, 2875 145th Street West, Rosemount, Minnesota, 55068-
0510 "Lessor and SKYLINK WIRELESS, a Minnesota LLC "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 6.5 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 14950 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: City of Rosemount
2875 145th Street West
Rosemount, Minnesota 55068 -0510
Telephone: (651) 423 -4411
E) Lessee: Skylink Wireless
F) Lessee's Address: P. O. Box 2011
Burnsville, MN 55337
Telephone: (952) 435 -0500
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, 2013 (the Expiration Date). The
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Commencement Date shall be the date on which all conditions precedent detailed in
Exhibit "C" have been met, but in no event later than August 1, 2008.
H) Rent: Nineteen Thousand Dollars ($19,000) 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.
I) 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 ten (10) 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
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 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, Connemara Trail, 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 Nineteen Thousand Dollars
($19,000), increased annually by an amount equal to the percent change in CPI or four percent (4
whichever is greater, as set forth herein. All rent shall be the responsibility of the Lessee to pay in
equal quarterly installments on the first day of the month (April 1, July 1, September 1, January 1)
following the Commencement Date of the initial term and any Renewal Terms of this Agreement,
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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 four percent whichever is greater, as provided herein.
The first year of the increase will be 2009. 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.
Such rent shall be paid to the City of Rosemount or to such other person, firm, or place as the
Lessor may, from time 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 provides 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.
3.05 LESSEE'S USE. 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 a tower mounted antenna system and ground space for an equipment pad not to exceed
6.25 square feet (25' x 2.5'), a number of 10 antennas not to exceed 10, and all necessary connecting
wave guide and appurtenances attached to Lessor's existing water tank. The 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. This 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 (90) 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
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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 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 lease
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 puose of this Agreement, harmful interference shall be defined as transmitters
that produce receiver desensing because of inadequate frequeng spacing between new transmitters and existing receivers, or
transmitters that produce second, third orfifth order intermodulation products within twenty (20) KHz of existing receivers
on the Premises. Lessee shall pay to Lessor a charge for the portion of such studies reasonably related to Lessee's
frequencies in an amount not to exceed 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 party, 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 hereof) 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
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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 100% 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.
ARTICLE 4
4.01 LESSEE'S INSURANCE. At all times 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 for any number of claims arising out of the same occurrence.
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 form 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 Tower
or the Premises or the contents of either.
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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. If 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.
ARTICLE 5
5.01 LESSOR COMPLIANCE. Lessor represents and warrants that, as of the date of this
Lease, 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 therefore, 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 MA'T'ERS. 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
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Agreement.
ARTICLE 6
6.01 UTILITIES AND TAXES. 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.
6.02 TITLE AND QUIET ENJOYMENT. 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 of 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
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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 communication 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.
6.08 DUTIES. This section intentionally left blank.
6.09 RECORDING. Lessor shall execute and Lessee shall be permitted to record, at any
time, 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.
Lessor will notify Lessee at least thirty (30) days in advance of the date the water tower is scheduled
to be painted, repaired, rebuilt or rescheduled for general maintenance. The parties will cooperate to
determine which of the two options will be used to address the impact of the Antenna Facility on
the cost of painting or repairing the water tower: 1) Shortly before the painting date, Lessee will
place a temporary antenna array on a crane parked near the site. Lessee will then remove the
antennas from the water tower and the painting will proceed as it normally does. Once the painting
or repair is finished, Lessee will then re- attach the antennas where they were and have them painted
to match the newly repaired /painted water tower. All cost incurred in removing the antenna,
placement of a temporary antenna array, reattaching and painting the antennas shall be the sole
responsibility of the Lessee. 2) The contractor will bid on the cost of painting /repairing the tower
without the Antenna Facility. The contractor will then bid on the cost of painting /repairing the
tower with Lessee antennas left in place. The contractor will proceed to Paint /repair the tower with
the Lessee antennas left in place. Lessee will reimburse Lessor for the difference between the two
bids.
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 jeopardized.
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 Lessor's Property, this Agreement
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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) This 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.
E) The rights of Lessee under this Agreement are subject and subordinate to the rights of lessee
Sprint Spectrum LP, under that certain Tower Lease Agreement by and between the City of
Rosemount and Sprint Spectrum LP dated February 1, 1997 and to the right of lessee 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 each 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 Antenna Facilities at Lessee's cost, upon reasonable notice to allow
maintenance, repair, repainting, and restoration to other activity as reasonably required by Lessor.
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There may be scheduled interruptions in use of the Antenna Facilities. 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 Antenna Facilities 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 Antenna Facilities 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.
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EXHIBIT "A"
SKETCH AND DESCRIPTION OF PROPERTY:
See attached Exhibit (site drawings)
LEGAL DESCRIPTION OF OWNER'S PROPERTY:
Address: 14950 Chippendale Avenue
Rosemount, MN 55068
Legal:
That part of Lot Twelve (12), Auditor's Subdivision No. 27 contained within the
following description: the Southerly 200 feet of the Easterly 217 feet of the
Westerly 250 feet of the Southwest Quarter of the Southwest Quarter of said
Section 29, Township 1 15, 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 Owner and Lessee that the precise legal description for the Owners Property will be
corrected, if necessary, and that the correct legal description may be placed on this Exhibit "A" by
Lessee.
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A 30" x 30" x 48" (max. height) equipment cabinet will be mounted
�F-��' �RR next to the tower leg with the climbing ladder. The cabinet will be
mounted on concrete blocks, and located to the inside (under the tower)
7y so as not to impede tower climbing. Our cables will follow the same
path up the tower leg as the 1" cable and conduit already there
4:fu, ming
assu the city designates the conduit for this purpose.
t, We will bolt antenna masts directly to the hand rail
similar to the masts that are already on the tower. We
will use heavy duty clamps and hardware to fasten the
lasts so no welding to the tower will be necessary.
Alt ernate l y, there appear to be. some mounts that may
1, ha been abandoned by previous tower leasers. I €the
t -'s, -...i, r city knows of and approves the use of abandoned mast
n f�w' r mounts we are willing to use them where ever possible to keep equipment on the railing to a minimum.
We will need 3 masts the Access Point (AP)
b l equipment, each approxmately 120 degrees apart on
411-;'?' the hand railing. We will need 1 mast facing north,
however we could be within plus or minus about 15
-"447 l':'''.7-"Z :1 a degrees from true north. We will 1 mast facing south
west (2 25 degrees), but again we can be flexible within
about 15 degrees.
We will have an 11 GH.z link (Trango -Link Giga) with 3ft. dish antenna, and 5.8GHz link(1'rango- Link45) with up to a
3ft. dish antenna facing north. We will have a 5.3GHz- 5.5GHz link with 2ft. dish antenna facing west. We will have a
5.3GHz- 5.5GHz link with 2ft. dish facing south to south -east (the remote tower location for this link is still being
determined). Lastly, we will have a total of 6 flat panel antennas no more than 36" in height each. These antennas,
along with their connected 5.8GHz radios (Trango MMS or Alvarion VL) will be mounted on 3 masts located around
the tower at approximately 120 degree intervals. Each antenna will be focused 60 degrees apart, and combined will
cover a full 360 degrees around the tower.
\ll,n'umt -,u and settings \()alter \Lanai] settings \T-- mporary lnts:mrt vilc-c \()1.KF,-A \5t+htnitt ,1 Rosrmnunt _1NTENN, .til'l'l APP1,IcATION
EXHIBIT "B"
TO SITE AGREEMENT
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that a Site Agreement was made and is hereby entered into
by written Site Agreement effective the 15th day of July, 2008, between the City of Rosemount
"Owner whose address is as set forth below and Skylink Wireless whose address is P.O. Box 2011,
Burnsville, MN 55337, the terms and conditions of which are incorporated herein by reference.
Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to
Skylink Wireless a part of that certain property owned by Owner which is described in Exhibit "A"
attached hereto and incorporated herein for a term of five (5 years commencing on July 15, 2008,
which term is subject to two (2) additional five (5) year extension terms.
G:\Antenna Leases\Skylink Tower Lease 2008.doc
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 Tower 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.
G:\Antenna Leases\Skylink Tower Lease 2008.doc
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:
By:
Its:
Date
G:\Antenna Leases\Skylink Tower Lease 2008.doc
14
MUNICIPAL CORPORATE ACKNOWLEDGMENT
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instiument was acknowledged before me this day of
2008, 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
G:\Antenna Leases \Skylink Tower Lease 2008.doc
15
PARTNERSHIP ACKNOWLEDGMENT
STATE OF
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by as
as of
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
G:\Antenna Leases\Skylink Tower Lease 2008.doc
16
RJSE1 vtOUN F EXECUTIVE SUMMARY
UTILITY COMMISSION
Utility Commission Meeting: July 7, 2008
AGENDA ITEM: Skylink Antenna Lease Agreement AGENDA SECTION:
New Business
PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO.
7c.
ATTACHMENTS: Application, Draft Agreement, KLM
Engineering, Inc. comment Letter, APPROVED BY:
Summary of Existing Lease Agreements
and Rates
RECOMMENDED ACTION: Motion to Recommend City Council Approval of a Tower
Lease Agreement with Skylink Antenna.
ISSUE:
Consider request for tower lease agreement by Skylink Antenna.
BACKGROUND:
Skylink Antenna has submitted an application for the installation of ten (10) 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 $17,000
2. Annual increase according to CPI or 4 whichever is greater
SUMMARY:
Staff is recommending Commission approval of the application subject to review and approval by the City
Attorney and submittal and approval of final construction plans.
G: \Utilities \Utility Commission Info\ SkylinkAntennaLease- UC7- 7- 08.doc
y ENGINEERING INC
P.O. Box 89 3394 Lae Elmo Ave. N. Lake Elmo, MN 55042
(651) 773 -5111 Fax (6511773 -5222
June 27, 2008
By Email Only
Andy Brotzler
City Engineer
City of Rosemount
2875 145th Street West
Rosemount, MN 55068 -4941
RE: KLM review of Skylink Wireless Antenna Application to City of Rosemount
Mr. Brotzler:
KLM has completed a review of the application by Skylink Wireless to install antennas on the
Chippendale Water Tower in Rosemount, MN. There are a number of questions unanswered by
their application and attachments, which we believe should be clarified prior to the City of
Rosemount granting approval to continue. In addition, KLM has some comments and
recommendations regarding Skylink's proposed installation methods.
1. As Skylink Wireless proposes to install ten (10) antennas, including four (4) dish
antennas and six (6) panel antennas, this should be considered a major installation,
and Skylink should provide professional drawings that clearly show the proposed
installation. The drawings should include: precise locations (including elevation and
azimuths) of each antenna and radio and their proposed installation/attachment
technique, routing and attachment methods of cables at each level cabinet to support
column, on support column, and around balcony to antennas, precise location of
equipment cabinet(s), plan and elevation views of the tower showing the previous
items, details of attachment methods, electrical and grounding, and all other
associated items. These drawings will enable the City and KLM to evaluate the
proposed installation in an effective manner; it will also provide the City a permanent
record of the installation, enabling the City to track every piece of non -city owned
equipment on the site and tower. KLM can recommend some firms that can assist
Skylink with the drawings upon their request.
2. With the addition of ten new antennas, including apparently three locations
supporting four dish antennas and apparently three locations supporting six panel
antennas, KLM is concerned that the structural integrity of the tower in general, and
handrail in particular, has not been evaluated by Skylink. KLM recommends that the
City of Rosemount require a structural analysis to show that all regulatory, design,
and anticipated loadings have been considered and the existing structure can support
those additional loadings. Skylink Wireless needs to understand that the balcony
girder is a structural component of the tower, not merely a wallcway. As KLM is
working for the City of Rosemount on this project, we hesitate to perform this action
PARTNERSHIP ACKNOWLEDGMENT
STATE OF
SS
COUNTY OF
The foregoing instrument acknowledged befo e me this day of
200, by as
as of
IN WITNESS WHEREOF, I have he to set my hand and affixed my official seal the
day and year first above written.
tary Public in and for the State
of si esota residing at
My appo iAtment expires
C:\Documents and Settings\ajb\Local Settings \Temporary Internet Files \OLKE\Skylink Tower Lease 2008.doc
15
to avoid the perception of a conflict of interest; however, KLM can recommend to
Skylink some engineering firms that can perform such an analysis.
3. The submittal states that the equipment would be mounted on concrete blocks. KLM
recommends a concrete pad be used to support the equipment cabinets.
4. Skylink states that they would utilize bolting to attach the antennas. KLM
recommends against bolting. Acceptable methods of attachment are:
a. Seal welding
b. Angle adapters, beam clamps and pipe mounts, if rubber or neoprene is placed
beneath the clamps.
Exceptions may be made if existing (abandoned) mounts can be used by Skylink.
5. KLM anticipates that additional items will emerge, that may require modification,
once drawings are prepared and provided for our review.
These recommendations should be incorporated into construction drawings and a copy provided
for both your and our review. Following final review and approval, a preconstruction conference
with Skylink Wireless representatives, their contractor(s), the City of Rosemount and KLM
should be scheduled to discuss the construction. Prior to construction, the contractor should
provide welder's qualification certificates for our review.
If the owner requests inspection, it should be relayed to the contractor that KLM will be
performing inspections of the installation, and the contractor will need to contact KLM to
schedule both field and shop inspections. Kelly Mulhern will be in charge of KLM's scheduling
for this project. If you have any questions, feel free to contact Kelly Mulhem at 651- 773 -5111
or myself at 218 849 -1505.
Sincerely,
KLM Engineering, Inc.
Matt Erickson, PE
Manager of Engineering
CC: Shawn Mulhern Kelly Mulhern, KLM Engineering
John Huddock, Skylink Wireless
e:\mce\KL.M\antenna\reports 2008\MN 2521 Rosemount Skylink Preliminary Review.doc
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