HomeMy WebLinkAbout6.h. U.S. West - Wireless Antenna/Tower Lease Agreement ' CITY OF ROSEMOUN7
� EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: November 18, 1997
AGENDA ITEM: U. S. West - Wireless Antenna/Tower AGENDA SECTION:
Lease Agreement Consent
PREPARED BY: Bud Osmundson AGEND��� � �
City Engineer/Public Works Director b
ATTACHMENTS: Agreement with Drawings APPROVED BY:
This item is on the agenda for Council considerafion of entering into a Lease to locate
antennas on the Chippendale Avenue Water Tower with U.S. West-Wireless. The
proposed antennas will be very similar to the antennas currently on the tower which are
owned by Sprint, PCS.
The Utility Commission approved the Lease somefime ago and the City Attorney has
reviewed the Lease. The Lease is very similar to the previous two leases which the
Council has approved. The terms include a lease payment of $12,000 per year with a
5% minimum escalator each year for a 15 year period
The Utility Commission has recommended that the City Council approve the Lease with
U.S. West - Wireless and that the rent be dedicated to the Water Operating Fund as we I
have with the two previous antenna leases. I
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Staff recomrnends approval of the Lease Agreement with U.S. West - Wireless. '
RECOMMENDED ACTION: MOTION TO APPROVE THE U.S. WEST - WIRELESS LEASE FOR
THE RENTAL OF SPACE ON THE CHIPPENDALE WATER TOWER AND AUTHORIZE
NECESSARY SIGNATURES.
COUNCIL ACTION:
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� s U S WEST CommunicaGons Ciroup
428 North Fafrview Room 101
St.Paul,MN 55104
Wirolsss
�,���
MIN 149
Mr. Bud Osmundson
2875-145th Street West
Rosemount,MN 55068-0510
RE: Executed Copy of Lease
Tuesday,November 04, 1997 I
Dear Mr. Osmundson:
Enclosed are four(4)USWEST signed original Tower Lease Agreements for the '
Chippendale Water Tower site.
Please have your city off'icials sign these and return one (1)wholly executed original to
me.
Also,I understand that this has to pass city council for assent. Please let me know when
that will be.
It's been a pleasure working with y.ou.
If you have any questions, ease ca1L
;
Si erel
,'
�
Pa 1'
U Co nications Wireless
612.642.6060
_ _
_� .
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TOWER �EASE AGREEMENT
This Lease Agreement ("Agreement") is made and entered into as of November 4, 1997, by
and between CITY OF ROSEMOUNT, 2875145"'Street West, Rosemount, Minnesota, 55068-0510
("Lessor")and U S WEST Communications Wireless Group,a division of U S WEST Communications,
Inc. ("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 234 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 145'h Street West
Rosemount, Minnesota 55068-0510
Telephone: (612) 423-4411
D) Lessor's Rent Payee: City of Rosemount
2875 145�' Street West
Rosemount, Minnesota 55068-0510
Telephone: (612) 423-4411
E) Lessee: U S WEST Communications Wireless Group
F) Lessee's Address: c/o U S WEST Business Resources, Inc.
188 Inverness Drive West, Suite 420
Englewood, Colorado 80112
Attn: PSL ManagerlPCS Real Estate
.,, .
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with a copy to:
U. S. West Communications Wireless Group
426 N. Fairview, Room 101
St. Paul, MN 55104
Attn: Regional Real Estate Manager
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, 2002 ,
(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 December 1, 1997.
Hy Rent: Twelve Thousand and no/100 Dollars (S 12,000.00) 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 prarated.
t) 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 nine (9) antennas,
mounting supports and appurtenances on the Tower as described on
attached Exhibit "A", and the site drawings.
ARTtCLE 2
2.01 RIGHT OF ENTRY. Lessor shal( 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 canfiguration
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 ihe
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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, Chippendale Avenue, 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, commencing on the Commencement Date, at the rental rate specified in Article
1 (H) hereof.
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 five percent �,
whichever is greater, as provided herein. The first year of the increase will be 1998. �
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 thers shall
be no successor index, such comparable index as shail 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
i5) year extension te�m 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 a communication antenna facility and uses
incidental thereto ithe "Facility"). 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 #or
an equipment pad as shown on Exhibit "A", including all necessary connecting
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appurtenances sufficient to be a fuily 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 including all Lessor engineering costs in reviewing plans and
observing the installation, as described in Article 6.14 (H). Lessee shall maintain the
Premises in reasonable condition. All private utilities such as eJectrical power, natural
gas, telephone, or other cables required by the Lessee shall be installed underground
at the Lessee's expense, and in tocations approved by the City Engineer.
In addition, in the event of a natura! or man made disaster, in order to p�otect
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 structuresl so long as, to each such
additional provider; a1 Lessor provides not Iess than thirty (30a days prior notice to
Lessee of the erection of such #acility, together with facility specifications for
Lessee's approval, which approval shall not be unreasonable withheld, 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 ofi the Premises, Lessee will not interfere with the operations of
Lessor, the communications of pubGc 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 ail actions I
necessary to eliminate such interference in accordance with reasonabie 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.
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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 purpose of this Agreement,
harmful interference shall be defined as transmitters that produce receiver desensing
because of inadequate frequency spacing between new transmitters and existing
receivers, or transmitters that produce second, third or fifth order intermodulation
products within twenty (201 KHz of existing receivers on the Premises. Lessee sha!l
pay to Lessor a charge for the portion of such studies reasonably re/ated to Lessee's
er stud
fre uencies in an amount not to exceed five hundred dollars (5500) p y.
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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 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 I
exercise termination rights without fee or charge; or b) by Lessee if it is unable to I
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 I
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, reasonabte
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
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other, except estabiished rentai payments to the Lessor shali 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: a) Commercial general liability insurance for claims
for bodily injury or death and property damage with combined single limits of not less
than $1,000,000 per occurrence, including premises/operations, produets/completed ,
operations, independent contractor's contingent liability and contractual liability '
applicable to the indemnity agreement under Article 5.03; b} insurance coverage on ''
a broad form basis insuring "all risks of direct physical loss" on all of Lessee's �i
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 liabilities under the
worker's compensation laws of the State in which the Premises are located; and d)
if Lessee operates owned, hired or non-owned vehicles on or about the Property,
comprehensive automobile liability insurance with a limit of not less than 5500,000
combined bodily injury and property damage.
Each such policy shall list Lessor as an additional insured, and shail 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, furnish to Lessor certificates of
insurance listing Lessor as an additional insured.
Lessee may elect to self-insure such coverages; pravided, however, that the
right to elect to self-insure shall terminate upon the assignment of this lease to any
other business entity.
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. �essor shall also carry commercial general liability
i�surance in amounts reasonably determined by Lessor, but not less than Six Hundred
Thousand and no/100 Dollars (5600,000.00).
4.03 WAIVER OF SUBROGATION. Lessor and Lessee each waive any
and all rights to recover against the other, or against the officers, directors,
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shareholders, partners, joint ventures, empioyees, 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.
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 woutd 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 adversety
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 tcollectively, °Laws"?. At its sole cost and expense, �,I
Lessor will promptly comply with all Laws, and will cause the Premises and the i
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 �esult of l.essee's use or
occupancy of the Premises.
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5.03 ENVIRONMENTAL MA'TTERS. 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 TAXES. Lessee will be responsible for all 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 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 T1T�E 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 pubiic 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
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that so long as Lessee is not in default hereunder, this Agreement wiil 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 delivery (including by I
means of a professional messenger service) addressed to the party for whom it is I
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. Any claim, controversy or dispute arising out of this
Agreement shall be settled by arbitration in accordance with the applicable rules of
the American Arbitration Association and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitrations
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shall be conducted in the county where the Property is located.
6.09 RECORDING. Lessor shall execute and Lessee shail 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 ��I
instrument to clear the memorandum from the titie to the Property.
6.10 ADDITIONAL MAINTENANCE EXPENSES. All additionai expenses
of maintaining the Property, inctuding 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 Cauncil 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 facitities 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 terminate as of the date of taking, if
Lessee gives written notice of the same within thirty 130) 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 Agreernent 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 es#oppeF information as the other may reasonably request.
C) Lessee represents that they have not been represented by a real estate broker
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or othe� 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 Owner is represented by broker or listing agent, Owner is responsib(e 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.
E1 Lessee may sublet and assign this Lease, or portion thereof, and its other
rights hereunder to any person o� business entity which is a parent, subsidiary or
affiliate of Lessee without Lessor's consent.
F) This Tower Lease Agreement shall constitute the entire agreement and
understanding of the parties with respect to the Property that is the subject matter
thereof and supersedes all offers, negotiations and other agreements with respect
thereto. There are no representations or understandings of any kind not set forth
herein. Any amendment to this Agreement must be in writing and executed by
both parties.
G) The rights of Lessee under this Agreement are subject and subordinate ta
the rights of the lessee, Sprint Spectrum LP, under that certain Tower Lease
Agreement by and between the City of Rosemount and Sprint Spectrum L.P.,
dated February 1, 1997. Lessee acknowledges receipt of a copy of said Tower
Lease Agreement.
H) In addition to rent and other payments provided for in this Lease Agreement,
Lessee will promptly reimburse Lessor for all consultant, engineering, legal and
other expenses incurred by Lessor in connection with the negotiation and ',
preparation of this Agreement, review and approval by Lessor of Lessee's '
proposed facility plans and specifications, coordination and inspection of activities i
of Lessee, its contractors and subcontractors in connection with the instaflation of
the facility, and other retated expenses. Such expenses shall include only those
expenses incurred prior to final completion of construction of the antenna system
and associated facilities to the reasonable satisfaction of Lessor, and Lessee shall
be obligated to pay only for such expenses in excess of the $2,500 paid by Lessee
as an application fee to Lessor.
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EXHIBIT "A"
SKETCH AND DESCRIPTION OF PROPERTY:
See attached Exhibit (site drawings?
LEGAL DESCRtPT10N OF OWNER'S PROPERTY:
Address 14950 Chippendale Avenue
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
Westeriy 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 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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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 day of
, 199 , between the City of Rosemount ("Owner") whose address
is as set forth below and U. S. West Communications, Inc. whose address is c/o U.S.
West Business Resources, Inc., 188 Inverness Drive West, Suite 420, Englewood, CO
80112, Attn: PSL Manager/PCS Reai Estate, the terms and conditions of which are
incorporated herein by reference.
Such Site Agreement provides, in part, that Owner, for valuable consideration,
leases to U. S. West Communications, Inc. a part of that certain property owned by
Owner which is described in Exhibit "A" attached hereto and incorporated herein for
a fierm of five i5+) years commencing on September 1, 1997, which term is subject
to two (2) additional five (5) year extension terms.
13
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EXHIBIT "C"
TO SITE AGREEMENT '
CONDITIONS PRECEDENT II
r he intended
' ions fo t
1) All perm�ts from ali local or federai land use Jurisdict
use.
2) Ali 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 wil! 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 �essee's
intended use of the property.
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IN WITNESS WHEREOF, the parties hereto have set their hand and affixed
their respective seals the day and year first above written.
LESSOR: CITY O
F ROSEMOUNT
By:
Cathy Busho, Mayor
By:
Susan Walsh, City Cierk
LESSEE:
U
S WEST COMMUNlCATiONS WIRELESS GROUP, a '
division of U S West Communications, Inc. '
V�
B�. � ♦
�ts: F/NA�[� �IR��TO�
U S West Communications, Inc.
By: �
its: Attorney-in-Fact
Date /D- �Q -y`�
��- Appraved as to form
Knapq& Rome, LL.C.�l1..LSt�-'�1
,� r,n�;nsel for USWC
15
MUNICIPAL CORPORATE ACKNOWLEDGMENT
STATE OF MINNESOTA )
1 SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 199_, by Cathy Busho, as Mayor, and Susan Walsh, 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
PARTNERSHIP ACKNOWLEDGMENT
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day
of , 199_, 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
16
CORPORATE ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE }
On this � day of �..�;� , 1997, before me, the
�1 a
undersigned, a Notary Pubiic in and for the State of Colorado, duly
commissioned and swom, Shirley Sattler personally appeared to me, known to
be the Attorney-in-Fact of U S WEST Communications, Inc., the corporation that
executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation for the uses and
purposes #herein mentioned, and on oath stated that he/she is authorized to
execute the said instrument.
WITNESS my hand and official seal hereto affixed the date and year first
above written.
�.�••
}Q�Y�,�..� irC . .�'✓a.�-0�^-
State of Colorado Notary Public in and for the State of Colorado
Debbie L.lvarsotl My commission expires: �/a -�9
Notary Publi��
CORPORATE ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF c ���.�� )
On this 3 0� day of �C.,��� , 1997, before me, the
undersigned, a Notary Public in and for the State of Colorado, duly
commissioned and sworn,�'b'1�c1� f=�t i c��ss�►,�� personally appeared to
me, known to be the l��re��� e� F�n�r,� of U S WEST
Communications Wireless Group, a division of U S WEST Communications, Inc.
the corporation that executed the foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said corporation for
the uses and purposes therein mentioned, and on oath stated that helshe is
authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the date and year first
above written.
r�,�-�� �i' . �����--
��..• Notary Public in and for the State of Colorado
StSte of Colotado My commission expires: ��/� -9�_
Debbie L. Ivarson �
Notary Public ',
. . � � - 1 �r . �
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