HomeMy WebLinkAbout6.h. Approval of Sprint PCS Antenna Lease .
' CITY OF ROSEMOUNT
EXECUTIVf SUMMARY FOR ACTION
CITY COUNGL MEETING DATE: January 21, 1997
AGENDA ITEM: Approval of Sprint PCS Antenna Lease AGENDA SECTION:
Consent
PREPARED BY: Bud Osmundson AGENDA ��� �� �
City Engineer/Public Works Director �
ATTACHMENTS: Letter from KLM, Lease Agreement, APPROVED BY:
Drawin s
This item is on the agenda for Council consideration of entering into lease to locate
antennas on the Chippendale Avenue Water Tower with Sprint PCS. The proposed
antennas would be very similar to the antennas shown to the Council when discussing
the APT Lease for the Connemara Water Tower.
The attached drawings show the proposed location of the equipment, both on the
ground and on the tower. The antennas are to be placed on the catwalk railing which is
located approximately at the midpoint of the tower bowl. The equipment located within
the compound on the ground would be immediately adjacent to the fenced in area at the
north side of the tower. The City has hired KLM Engineering to review the detailed plans
for the antenna and cable attachments to the tower and their review letter is also
attached. Sprint PCS has agreed to modify their plans and construction drawings to �'
meet the KLM review specifications. '
The City Attorney has reviewed the lease. The lease is very similar to the APT lease
which the Councif had recently reviewed. The terms include a lease payment of
S 11,000 per year with a four percent (4%) minimum escalator each year for a 15 year
period.
The Utility Commission reviewed the Sprint PCS proposal on January 13th and
recommended that the City Council approve the lease with Sprint PCS for the
Chippendale Avenue Water Tower and that the rent be dedicated to the Water Operating
Fund. As discussed with the APT lease, this funding would help pay for tower
maintenance.
Staff recommends approval of the lease agreement with Sprint PCS.
RECOMMENDED ACTION: MOTION TO APPROVE THE SPRINT PCS LEASE FOR THE
RENTAL OF SPACE ON THE CHIPPENDAtE WATER TOWER AND AUTHORIZE NfCESSARY
SIGNATURES.
COUNCIL ACTION:
1
TOWER LEASE AGREEMENT ,
This Lease reement "A reement" is made and enteced irrto as of I
p►9 � 9 ) ,
, 1996, by and between CITY OF ROSEMOUNT, 2875 145th Stree#
West, Rosemount, Minnesota, 55068-0510 ("Lessor") and SPRINT SPECTRUM , ��,
LP ("Lessee") its successor and assigns, for the leasing of certain property interest
at the hi n W er Tower site Tower No. 1 at 14950 Chi endale Avenue '
C ppe dale at ( ), pp , ,
Rosemount, Minnesota pursuant to the foilowing terms: ',
A) Lessor is the owner of certain real property located in the Cour�ty of Dakota; I�!,
S#ate of Minnesota, described i� Exhibit "A", attached hereto and< rnade a part �
w n I,
hereof b this reference the Property ). �
Y �
B) Lessee desires to obtain a lease on a portion of the Property consisting of I',
round s ace a roximatel 300 s ua
re �
� t o w e r s p a c e f o r a n a n t e n n a s y s t e m a n d g p ( p p y q
feet for an e ui ment com und the "Premises" as well as ri ht of wa s for ''�,
) q P Po � )� 9 Y
ingress and egress and utilities thereto. The Premises are described in Exhibit "A", I
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 i
time. ',
For valuable consideration, the receipt and sufficiency of which are hereby ',
acknowledged, Lessor and Lessee agree as follows: I,
ARTICLE 1 II
In addition to the terms that are defined elsewhere in this Agreemen#, the
following terms are used in this Agreement:
A) Tower: The Tower located at 14950 Chippendale Ave. on which
a portion of the Premises are located.
B) Lessor: City of Rosemount
C) Lessor's Address: 2875145th Street West
Rosemount, Minnesota 55068-0510
Telephone: (612) 423-4411
D) Lessor's Rent Payee: City of Rosemount
145th Street West
Rosemount, Minnesota 55068-0510
Telephone; (612) 423-4411
E) Lessee: Sprint Spectrum, LP,
a Delaware Corporation
F) Lessee's Address: 2900 Lone Oak Parkway, Suite 140
Eagan, Minnesota 55121
Attn.: Kart R. Brusen
G) Commencement Date:The infial 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, 2001 (the Expiration
Date). The Commencement Date shaU be the date on which aU conditions
precedent detailed in Exhibit "C" have been met, but in no event later than
January 1�, 1997.
H) Rent: Eleven Thousand and no/100 Dollars ($11,000.00) annually in the firs#
year and as a minimum, further described in Section 3.02. Lessor shall pay the
Ov�mer renfi annually in advance beginning ten (10) days after the
Commencement Date for the first year and thereafter on the First (1 st) day of
January for each subsequent year of the Initial Term and any Renewal Terms.
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 twelve 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 Da#e, 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, and in Lessee's sole discretion, 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 ftom the
survey will, upon approval thereof by Lessor, become part of Exhibit "A" which wiil
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".
ARTICIE 3
3.01 LEASE TERM. The term of this Lease shall begin on the Commencement I
Date and shaii expire on the Expiration Date. Beginning on the Cornmencement '
Date, Lessor shali deiiver possession of the Premises to lessee, together with
nonexciusive right for ingress and egress. seven (7) days a week, twenty-four (24)
hours a day, and for the insta0ation and maintenance of utility wires, cables, '
conduits, and pipes under, or along a finrenty-foot wide right-of-way and easement
extending from the nearest public right-of-way, Chippendale Ave., 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 Gommencement Date, at the rental
rate specified in Articie 4 {H) hereof, increased annually by an amount equal to the
percentage change in CPI or four percent (4%) whichever is greater, as set forth
herein.
The rent shall be increased on January 1 st of each subsequent year, by an
amount equal to the increase in the Consumer Price Index {"CPI") or four percent
(4%) whichever is greater, as provided herein. The first year of the increase will be
1998. The CPI shall mean the"Consumer Price Index for aH 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 cornparable index as shall be mutually
agreed upon by the parties hereto. Lessor shall be responsible for communicating
all rental increases#o 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 wri�ng at least
thirty (30) days in advance of any ren�l 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 curren#term.
3.04 RENEWAL REN7AL. The annuat rental for each year of the five (5)
year exte�sion term shall increase as described in Article 3.02.
3.05 LESSEE'S USE. Les e h II s Pr mises for the ur ose of
se s a u e the e p p
c ons truc ting, main taining, an d opera ting a communica tions an tenna Faci li t y,
equipment, cabinets and uses incidental thereto for providing radio and wireless
telecorr�munication services which Lessee is legaily authorized to provide to the
- public (the "Facility").
The Facility consists of a tower mounted antenna system and ground space '
for an equipment pad as shown an F�chibifi"A", i�ciuding all necessary connecting
appurtenances suificient to be a fully operable communications facility for its
intended licensed communications coverage areas. This may �nclude, radio
transmission and computer equipment, batteries and generator equipment All
improvements shaN 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 shaN be installed underground at
the Lessee's expense, and in locations shown on Exhibit "A": The antennas shall
be painted the same color as the water tower.
tn addition, in#he event of a natural or man rnade disaster, in order to protect
the health, welfare, and safety of the community, tessee rnay erect additional
telecommunications facilities and`instalF 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'ftom 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 faalities (including antenna structures) so long as, to each such
additionaF provider; a) Lessor provides not less than thirty (30) days p�ior notice to
Lessee of the erection of such facility, together with facility specifica#ions for
Lessee's approval, which approval shall not be unreasonably withheld, b) no
changes shall be made ta the antenna structure of such other provider without thirly
(30) days prior written notice to Lessee. tessor shalF 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 aN occupants at this location to
adhere to#he same technical standards as set forth herein.
In its use of the Premises, Lessee will not interfere with the operations of Lessor,
the communicatians 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 aU actions necessary to
eliminate such inte�ference in accordance with reasonable technical standards. If
any such interference inhibits tessor'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 coRect such interference within thirty (30) days, Lessee shall
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discontinue operating such equipment, on �essors demand, unless and untii it can
be operated without interference, or shall replace the interfering equipment with
aitemative equipment �at does r�ot cause such interference. All efforts to
commence to correCt i�rterference shall proceed to completion with reasonable
diligence. Lessee shall additionaily have the option to terminate this Agreement,
without tennination fee described in Article 3.07.
Upon written notice by Lessor that Lessor has a bona fide reques#from any
other party to lease or atherwise occupy the Premises, Lessee agrees ta provide
the Lessor within sixty {fi0) days the radio frequenaes currently in operation or to
be operated in the future of each transmitter and receiver installed and operational
on the Premises, which shall not exceed 180 frequencies at the time of such
request. Lessor may then have a registeced professional engineer of Lessor's
choice perform the necessary interference studies to insure that Lessee's
ftequencies will not cause harmful radio interFerence to other tenants. For the
purpose of this Agreement, harmful interference shall be defined as transmitters
that produce receiver desensing because of inadequate frequency spacing
between new transmit#ers and existing receivers, or transmitters that produce
second, third or fifl�h order intermodulation products within twenty (20) kHz of
existing raeceivers on the Premises. Lessee shal! pay to Lessor a charge fvr the
portion of such studies reasonably related to Lessee's frequencies in an amounf not
to exceed five hundred dallars ($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 or seek injunctive relief enjoining such interfering use
generated by any other subsequent occupant of the Property.
3.07 TERMfNAT10N. 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 defautt is not cured within sixty (60) days following receipt of notice of
default (without, however, hmiting any other rights available to the parties pursuant
to any other provisions hereofl 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 govemmental approval necessary to
the construction or operaticros of the Facility or Lessee's business; or c) by Lessee
if the Premises are or �me unacceptable to Lessee under the Lessee's design
or engineering speafications 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 othervvise, Lessee will remove its personal property and
fixtures and restore the Premises to their co�dition 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 wrifing by certified mail, retum receipt requested, and shal! be efFective
upon receipt of such notice by the Lessor as evidenced by the retum receipt. All
rentals paid for the lease of the Property prior to said tennination date shall be
retained by Lessor. Upon such termination, this Agreement shall become nu0 and
void and aIF the parties shall have no further obligations, including the payment of '
money, to each other, except established rentai payments to the Lessor shail be
con�nued 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 shaU not exceed 100% of fhe then cument annual rent and except for '
obligations set forth in Sections 3.07, 5.�3 and 6.01 of this agreement. This clause
sha0 not be effective if a govemment agency cancels a permit or license which
prevents Lessee from us�ng the property for its in#ended purpose.
ARTICLE 4
4,04 LESSEE'S INSURANCE. At ail times during the term, Lessee, at its I
own expense, shall maintain: a) Commercial general liability insurance for claims
for bodily injury or death and property damage with combined single Iimits of not
less than $1,000,000 per occurrence, including premises/operations, ',
products/completed operations, independent contractor's contingent liability and
contractual liability applicable to the indemniiy agreement under Article 5.03; b)
insurance coverage on a broad form basis insuring "all ri5ks of direct physical loss"
on all of Lessee's personal property located in the Premises in an amount not less
than their full replacement value (subject to reasonable deductibles); c) worker's
compensation insurance insuring against and satisfying Lessee's obligations and
liabil'rties under the worker's compensation laws of the State in which the Premises
are located; and d) if l.essee operates owned, hired or non-owned vehicies on or ,
about the Property, comprehensive automobile liabili#y insurance with a limit of not i
tess than $500,000 combined bodily injury and property damage. I
Each such policy shall list Lessor as an additional insured, and shatl provide
that it will not be terminated or substantially amended during the term to affect the
coverage required except after thirty (30)days prior notice thereof to Lessor.
Lessee shall, prior to Lessee's occupancy and annually thereafter within
twenty (20) days following renewal of each such policy, fumish to Lessor certificates
of insurance listing lessor as an additional insured.
4.02 LESSOR'S INSURANCE. At aQ times during the term af this
Agreemen#, Lessor will carry and maintain fire and e�ended 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 genecal
liability insurance in amounts reasonably detennined by Lessor, but not less than
Six Hundred Thousand and no/100 Doliars ($600,000.00).
4.03 VUAIVER OF SUBROGATION. lessor and Lessee-each waive any
and aH rights to recover against the other, or against the officers, directors,
shareholders, partners, joint ventures, employees, agents, customers, invitees or
business visitors of such otMer party, for any loss or damage to such waiving party
arising form any cause covered by any property insurance required to be camed
pursuant to this section or any other property insurance aCtually camed by such
party. Lessor and Lessee, from �me to time, will cause their respec#ive 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.
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 rebuitd the Premises to substantially the condition in which the
Premises were immediately prior to such destruction. The Rent or Renewal Rent,
as appiicable, 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 ex#ent 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 l.ease.
4.05 CASUALTY. If any portion of the Owner's Property or
Communications Facility is damaged by any casualty and such damage adversely
affects Sprint Spectrum, LP's use of the Property, this Agreement shall terminate as
of the date of the casualty if Sprint Spectrum, LP gives written notice of the same
within thirty (30) days after Sprint Spectrum, LP rec:eives 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 i�terpretations of
al1 Federal, State and other govemmental or quasi-govemmental 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 #he
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 wiii promp�y compiy with all Laws
relating to Lessee's use or occupancy of the Premises. At its sole cost and
expense, Lessee wiii promptly cause the Premises to compiy with all Laws to the
extent that such compiiance is required solely as a result of Lessee's use or
occupancy of the Premises.
5.03 ENVlRONMENTAL MATTERS. a) Lessee will be soleiy responsible
for and will defend, indemnify, and hold Lessor, its agents, and employees
harmless from and against any and all direct clairns, costs, and liabilities, including
attomey'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 �essee, its agents, and employees harmless from and against any and all
direct claims, costs, and iiabilities, incfuding attomey's fees and costs, arising out of
or in connection with the clean-up or restoration o#the Premises associated with the
Lessor's use of Hazardous Materials. Nothing herein shatl 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
reguiation including, but not limited to, CERCIA. Lesses shaN state the nature of
hazardous materials at the facility including, asbestos, batteries and#uel supply.
The obligations of this section shaU survive the expiration or other
termination of this Agreement.
ARTICLE 6
6.01 UTIUTIES AND TAXES. Lessee will be responsible for a41 utilities required
by its use of the Premises. Lessee will pay its proportionate share of utilities
fumished by Lessor, or will arrange to have its utilities separately metered.
Lessee will pay any increase in real estate taxes, or any govemmental 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 time]V
; 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 fuN right, power and au#hority 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
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those matters which are of public record as of the Effective Date; and c) there is
direct legat ingress and egress to the Premises for Lessee's use for vehictes and
pedestrians from a pubiic right-of-way. Lessor further covenants that Lessee shall �,
have quiet enjoyment of the Premises during the term of #his 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 Mereunder, this Agreemen# will
corrtinue 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 leams of any
pending or threatened or contemplated actions, litigation, claims, aondemnations 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 shalt run with the
Property and shaU be binding on and inure to the benefit of the parties, their
respective successors, personal representatives and assigns
6.04 COMPLETE AGREEMENT. I# 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
modificafion to this Agreement shail be void and ineffective unless in writing and
signed by parties here#o.
6.05 APPLICAB�E LAW. This Agreement and the perFormance thereof
shall be govemed, 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 perrnitted under �is Agreement shall be in
writing and shall be given by United States first class mail, postage prepaid,
registered or certified, retum 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 �ddress set forth in Articte 1. Any such notice or other
c.omrnunication shall be deemed to be effective when a+ctually 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 authoriied 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. Any clairn, controversy or dispute arising out of this
Agreement shail be settied by arbitration in accordance with the appiicable rules of
the American Arbitra#ion Association and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitrations '
shail be conducted in the county where the Property is located.
6.09 RECORDING. �essor shaii execute and Lessee shall be permitted to
record, at any time, a memorandum of this Agreement. if this Lease Agreement is '
terminated priar to the expiration of its term, Lessee shait record an appropriate
instrument to clear the memorandum from the title to the Property. �
6.10 ADDITIONAL MAiNTENANCE EXPENSES. All additionat expenses �
of maintaining the Property, incfuding 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 improvemen#s
on the Property until Lessee receives all approvals frorn the Rosemount City
Council pursuant to applicable city ordinanc�s.
6.12 PRIMARY USE. The primary purpose of the tower is to provids 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
Owner's Property and such taking adversely affects Lessee's use of the Owner's
Property, this Agreement shall teRninate 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 enti#led to no portion of any condemnafion award
except the value of its physical improvements on the Property. Upon termination of
this Lease by reason of condemnation, Lessor shall retum to Lessee any prepaid
rent, prorated to the date of taking. Lessee may make claims against the
�ndemning authority for any relocatio� benefits to which it may be entitled by law.
Sale of all or part of the Property fo a purchaser which fias 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 shaU be deemed the date of
taking.
6.14 MISCELLANE4US.
A) This Agreement may be signed in counterparts by the parties hereto.
B)' Each party agrees to fumish to the other, within ten (10) days after request,
such truthful estoppel ir�formation as the other may reasonabiy request
C) Lessee represents that they fiave not been represented by a real estate broker
or other listing agerrt in this transaction for purposes of commission, fee or ,
other paymerrt to such broker or any other leasing agent daiming to have ',
represented Lessee. If Owner is represented by broker or listing agent, Ovmer
is responsible for all commission, fee or other payment to suc� agent
D) Accurate as-built or rec;ord drawings as approved by the City Engineer shail be
provided to the City within 30 days after instailation of Lessee's faalities.
IN WITNESS WHEREOF, the parties hereto have set their hand and affixed
their respecctive seals the day and year first above written.
LESSOR: CITY OF ROSEMOUNT
By:
Cathy Busho, Mayor
BY:
Susan Walsh, City Cierk
LESSEE: SPRINT SPECTRUM, LP
By:
Kari R.Brusen
lts: Engineering and Operations Director
Date:
EXHIBIT"A"
SKETCH AND DESCRlPTiON OF PROPERTY:
See attached Exhibit (site drawings)
LEGAL DESCRIPTiON OF OWNER'S PROPERTY: '',
Address:
Legal:
It is agreed by Owner and lessee that the precise legal description for the Ov�mers
Property will be coRected, if necessary, and that the correct legai description may
be piaced on this Exhibit"A" by Lessee. �
EXHIBiT "B"
TO SITE AGREEMENT
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that a Site Agreement was made and is
hereby entered irrto by written Site Agreement effective the day of ,
1996, befinreen the City of Rosemount ("Owner") whose address is as set fortr�
below and Sprint Spectrum, LP whose address is 2900 Lone Oak Parkway, Suite
140, Eagan, Minnesota, 55121, the terms and conditions of which are incorporated
herein by reference.
Such Site Agreement provides, in part, that Owner, for valuable
consideration, leases to Sprint Spectrum, LP 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 1996, which term is subject
to two (2)additional five (5) year extension teRns.
Owner's Initiais:
SSLP's Initials:
EXHIBIT "C"
TO SITE AGREEMENT
CQNDITIONS PRECEDENT
1) Ali permits from att bcat or federal land use jurisdictions for the intended use.
2) All local airspace auttxui�ies and FAA determination of no hazard to airspace.
3) FCC authorization�o utilize this locafion for the iMended use.
4) Review and appr� of site pian and landscape (plantings) plan by the City,
paid for by Lessee.
5) Lessee wii! pay for a review of the proposed structurai addition to the Tower by
a registered professiona! Engineer of the City's choosing.
6) Lessee's technicai reports must establish to its exclusive satisfa+ction that the
property is capal� of being suitably engineered to acc;omplish Lessee's
intended use of the prvperty.
�� FILE IVo. 388 11i14 '96 14:16 ID�SPRINT PCS f1PLS 6126862700 PAGE • 4
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� - � � � - - . :KLM �NGII�EEI�ING, �NC.
. ; P.O.Box 897�3394 Lake Elmo Ave N..�Lake Elmu;MN 55042
. , - . - - ' . . _ ' (612)773-5111 �Fax�(612j 773-5222'
_.. .
� " � January 10, 1997 . � - • .. ,
- - - Mr.Bud Osmunsison,P.E. . - .
. -
`. : `. ._. .Cit�Engineer � � .- :. � . : .
� City of Rosemount --. . . .
;__: .' . 2875 1.45th Street _-... . ._ _ . . � .
_ _ _ , _ . . _ .
� ` �- Rosemount�;MN'SSQbB - . . _ __ _ _
: =RE: Sprint Antenna Installation Review . .
.: � - .
_ - � 5001VIG Chippendale Tower � -
, . . = KL1�I Project�to.MN 1U79 - `
�
. , .- _. . . _
Dear Mr. Osmundson: _ _.
�, .- _ -�: - - _ � '
: � KLM Engineering has completed our review ofthe Black& Veatch drawings for the
T wer.` We have the followin comments ' '
. S rint antenna installations at the Chi enda1e o g .
P
PP
-re�arding these drawings: .
1. The BTS compound should be a minimum of 15'-0"from the tower legs to insure
adequate clearance for future containinent during reconditioning. �
:2. Consideration should be given to installing an anti-climb device on the antenna�cable �
- :supports near groiind level. � - - _ : ,
� . 3. The drawings aze not ctear which cable suppoi-t or conduit support wi11 be used�on the � .
:
= , � tower leg. Detail 1/D1 does not show a cluster mount as referenced by the sec�ion _
� - :7LD2.-:Detail3JDt is not illustrative of'xhe detail referenceii-8/D2. It is also not clear :
� , how the cable supp4rt_bracket on detail'S/D2 will be used for supportin�the.cables. � ' _
,. . ; . ; . ,_. . _ . .
_ � 4. Tlie post reinforcemeirt in detail.4/D2 shoutd be seal welded instead of stitch,welded � .-
; - _ :� :- . . . ,. _ , . . .
'S Double welds on details 1/D2:and 31D2 should be all around welds `� -
_ - :,,
. " `�`,< . - _ . ` - _
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_ ,. . .
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.. . . . . .. .. . .
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6:�Ari additional detail showuig the attachmen#of the cluster mounts to the girder is
- � - required�for proper review of the antenna cable path. : `
If you ha.ve any ques#ions or comments please feel free to ca11 me at(612)773-5111. •
. Sincerely, , - - `
._
. _
� _ KL1V1 ENGINEERING INC. ,
- .,. . ,.G��� p , .
. : John P. Longnec er, P.E: _ _
Manager of Engineering .
. .
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