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00-567�Counal File # ��,�b`I oR4�iNa� Preser.ted By Referred To Green Sheet : IO2� t R RESOLUTiON C17Y QF, SAINT PAUL, MINNESOTA iz Co¢�i.ttee: Date WHEREAS, the City of Saint Paul does own fee simple tide, "for the benefit of the Board of Water Commissioners," to the water tower site commonly known as the Cottage Avenue Standpipe site, which is located on Cottage Avenue east of Ruth Street in St. Paul; and 5 WHEREAS, Metricom, Inc. desires to lease space at the Cottage Avenue Standpipe site to 6 install and operate a wireless intemet system; and 7 8 WHEREAS, the Board of Water Commissioners did adopt Board Resolution No. 4717 wluch 9 approved a Lease Agreement with Metricom, Ina and requested the Honorable Council of the 10 City of Saint Paul to likewise grant approval; now, therefore, be it 11 12 RESOLVED, That the Lease Agreement between the City of Saint Paul, the Board of Water 13 Commissioners, Saint Paul, Minnesota, and Metricom, Inc. allowing the installation and 14 operation of a wireless internet system at the Cottage Avenue Standpipe site is hereby approved 15 and that the proper officers are hereby authorized ta execute said Lease Agreement on behalf of 16 the City of Saint Paul. Requestcd by Depaztmcnt oE: sY "\ \ � a �,,,�. �pproved by Ma or\ pate�� r �I 2��'3 ir _ ��°G'�� J�Ym�% I Saint Paul Regional Water Servic B ,��,��-��`ll- �'��— �enera Manager Form Approved by Ciry Attorne Br. '�a�•.. �r} .�""� S.3o. b� Approved by ayor for Submission to Council sr ntic ,Sdopted by Council: Date�y a-oo 0 Sdoption Cer�ed by Coundl Secretary � �EPARTMBdT/OFfICFJCOUNCIL St. Paul Regional �NTACT PFR90N 8 PFiO1JE Bernie R. Bullert IUST BE ON COUNCIL AGBJQ4 B Water 2 �� TOTAL # OF SIGNATURE PAGES 1 00 -5� ""1 GREEN SHEET [�0 10 2 2 i 9 mun�ro.�aeirt� a — r.� arvcwacf. �.,.� 1[l. �S 30. `�❑ �,,,� _ �. .,�„�,�.�.. ❑,.�,�,,,a,a_ '�. YVORKR�WifMII� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution approving a.lease agreemen*_ betweea the City of Saint Paul, the Board of Water Commissioners and Metricom, Inc. allowing the installation and operation of a wireless internet system at the Cottage Avenue Standpipe site in Saint Paul. Attachments: 1) Staff report 2) Proposed Resolution PLANNING COMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION Board of Water Co�missioners Has thie P�� ererxaked uMer a conhact for Nis tlepertmeM7 rES nio Has iMs P�J6rtn e.er been a cHy empbyee9 YES NO oaestlue qe�soNfi�m poesees a sla�l mt mm�e�ryG�d M�Y eurteM cilY enwWYee4 VES NO Is Nie peBavfirm a qrpetetl vendoR � YES NO Nain all ves a�nv�eB an s2D2tate sIiEM aM 8lf8Ch W GfEMI sh3et ( Metricom, Inc. desires to lease space on the Board of Water Commissioners' Cottage Avenue Standpipe site to operate a wireless internet system. See,attached staff xeport. Board of Water Commissioners will receive additional revenue. RECEIVED IFAPPROVED None Revenue potential will not be realized. AMOUNT OF TRANSACTION S INPoRMAl10N (IXPWN) � COST/REVENUE BUD6ETED (CIRCLE ONE) ACTNI7Y NtMBER YEE NO �B3B�fC�i �',@;3�?� � � i�4„� _�.._�. 0 o-se STAFF REPORT May 23, 2000 Pertainiug to a Lease Agreement with Metricom, Inc. allowing the installation of wireless internet equipment at the Cottage Avenue Standpipe site in Saint Paul. Sprint PCS and US West currently operate wireless communication systems at the Cottage Avenue Standpipe site. When Metricom recently requested permission to operate a wireless internet system at the site, staff scheduled a neighborhood meeting through District Council No. 2 as was done in 1996, to seek neighborhood opinion on installing an additional carrier on the site. The meeting revealed the neighbarhood in general, and an adjacent property owner in particulaz, were opposed to the concept. Their primary objecrion was the industrial appearance of the existing ground equipment and a humming sound coming from Sprint's ground equipment. Metricom's ground equipment is fairly compact (2 refrigeratar sized cabinets) and relatively noise free, but the neighborhood's dislike of the current situation caused them to initially oppose any additional activity on the site. Following staffls promise to install professionally designed landscape screening of a11 ground equipment which the neighborhood could participate in designing, the District Council approved the Metricom installation and formed a landscape design committee. Following that approval, staff solicited a design bid from Community Design Center of Minnesota to provide a plan incorporating the committee's participation. Community Design Center of Minnesota is a non-profit corporation located in Saint Paul with experience in participatory landscape design. Staff is in the process of executing a conlract with the Center. Following negotiations with Metricom, Inc., staff and the assistant city attorney prepazed the attached 5-year lease which automatically renews for 3 additional 5-year terms and has a starting annual rent of $17,000 with 4% annual rent increases. Also included is a provision to reestablish the rent using market compazison every 5 years, if desired by the Boazd, and a$1,000 contribution towards the landscape project. Because the City of Saint Paul owns the site for the benefit of the Board of Water Commissioners, the City must also be a party to any lease of the site. Boazd of Water Commissioners Resolution No. 4717 approved the Lease Agreement and requested the City of Saint Paul likewise approve it. See attached Lease Agreement. �`l.�-Stfl� SITE LEASE AGREEMENT Between Board of Water Commissioners and Metricom, Inc. Ttus Lease A�eement ("Lease") is entered into this � day of , 2000, between the BOARD OF WATER COMVi IISSIONERS, Saint Pau1, innesota, a municipal corporarion under the laws of the State of Minnesota ("Lessor"), and METRICOM, INC., a Delawaze corporation, with an office at 980 University Avenue, Los Gatos, Califomia, ("Lessee"). In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. Lessor hereby leases to Lessee certain space located at and on the Lessor's Cottage Avene Standpipe site at 2100 East Cottage Avenue, Saint Paul, Minnesota 55119, which is legally described in attached Exhibit "A", Legal Description and Sife Plan. The water storage facility and its appurtenances ("Structure"), and the Lessor's land upon which the Structure is situated aze collectively called "the Property". The property interest leased and granted by the Lessor, ("Leased Premises") aze the following: • Ground space comprised of approximately 120 usable square feet. • Structure exterior space for attachxnent of antennas at �Z_ FAGL • Space required for cable runs to connect equipment and antennas • Non-exclusive easements required to run u6lity lines and cables • A non-exclusive easement across the Property for access No other space or property interests aze being leased to Lessee except as described above and as described on Exhibit "A", Legal Description and Site Plan. 2. Term/Renewals. (a) The term of this Lease shall commence on the date first written above and shall terminate on December 31, 2005. Lessee and Lessor agree to enter into an addendum to this Lease confirming the Commencement Date, as contained in E�ibit "C", Memorandum of Lease Recording. (b) Lessee shall have the right to extend this Lease for three additional five-year terms (each a Renewal Term) subject to (c) below; (c) This Lease shall automafically be renewed for each successive Renewal Term unless Lessee is in default of any of the terms or conditions of this Lease, or unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding renewal term. 3. Rent Rent shall consist of Base Rent and such Additional Rent as may apply. Lessee shall make all payments of Base Rent and Additional Rent to Lessor at the following address: N:\CLERiCAL\SOARDWgreementsU.EASEVNetncom\Cottage_OOM1 Rent (continued) Soard of Water Commissioners 8 4th Street E, Ste. 400 Saint Paul, Minnesota 55101-1007 Lessor's FIN number is # 41-6005521 cx.,-s�� If this Lease is terminated, pursuant to the terms and conditions of this Lease, rent shall be pro-rated to the termination date or the date on which ail of Lessee's equipment is removed from the Leased Premises, whichever is later. Lessee shall pay all rent annually in advance, on the first day of the term of this Lease and annually on or before the first day of each January thereafter, as indicated in the payment schedule below: (a) Base Rent. Lessee shall pay Lessor, as rent, the sum of Seventeen Thousand and No/Dollars ($17,000), ("Annual RenY'), per yeaz based upon Lessee's installafion and operation ofthe antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies, ("Antenna Facilities"), and located within the Leased Prexnises as shown on E�ibit "A", Legal Description and Site Plan. The first year's rent shall be pro-rated to the end of 2000, and shall be paid within thirty (30) days of the commencement date. The entire annual rent due hereunder shall be paid prior to �January first of each succeeding year. Lessee may not install and/or operate any additional antennas or related equipment beyond the antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies and the rivo (2) additional antennas without a provision for additional rent and the prior written consent of Lessor, such consent not to be withheld or delayed without cause. (1) Annual Increase Comxnencing Januazy 1, 2001, the rent shall be increased annually by four percent (4°l0} of the Annual Rent. (2) Re-evaluation at Renewal Term At the commencement of each Renewal Term, the Base Rent will be evaluated and established based on the following criteria: Information regazding the annuaJ rents Lessee pays on at least five (5) similaz types of cell sites shall be collected by Lessee and forwazded to the Lessor no later than 60 days before the expiration date of each five-year term of this Lease. Information regazding the annual rents paid by at least five (5) other companies that have similaz types of Specialized Mobile Radio sites on N:\CLERICAL\BOARD W greementslLEASEUAetricom\Cottage_001 �-_ - _- C�a-S�� Base Rent (continued) municipal water towers shall be collected by the Lessor and forwazded to Lessee no later than 60 days before the expiration date of each five-year term of this Lease. The two (2) highest and two (2) lowest rents from each category shall be discazded. The rema.ining rents from both categories shall be added together and averaged. The Base Rent for the first year of each renewal term shall be either the figure calculated above by (1) Annual Increase, or (2) Re-evaluation at Renewal Term, whichever is greater. In no event shall the annual installment of rent due hereunder followsng such adjushnent or review be less than the amount of such installment in the previous year increased by four percent (4%). (b) Additional Rent. Additional Rent means all amounts, other than Base Rent provided for in paragraph 3(a) above, that Lessee shall be obligated to pay under this paragraph or any other pazagraph of this Lease. Additional Rent sha11 include the following fees, costs and expenses: (1) costs for the repairs, improvements or alterations required to be made by Lessee in Section 6. Maintenance and Repairs; (2) all tases on equipment personally owned by Lessee, general ar special. As a condition of Lessee's obligation to pay any tax, Lessor shall provide Lessee documentation from the taxing authority indicating with reasonable certainty that the tas was direcfly attributable to Lessee's tenancy. Lessee shall have the right to file an assessment appeal, and Lessor shall cooperate in any such appeal as reasonably requested by Lessee, all at Lessee's sole cost and expense•, (3) all public utility rates, dues, and charges o£ any kind for utilities used by Lessee at the Leased Premises; and (4) fees, costs and expenses for property insurance and/or uninsured losses as set forth in Section 13. Insurance. In the event that Lessee does not pay the required Additional Rent, Lessor may, at its option, and after ten (10) days prior written notice to Lessee, make such payments. Upon Lessor's notice to Lessee that it has made these payments, those amounts become due and payable by Lessee within thasty (30) days. (c) Lessee shall pay to Lessor a one time landscape screening fee of One Thousand and No/Dollazs ($1,000). Said fee shall be paid within tlurty (3�) days of the commencement date. 4. Use ofLeased Premises. (a) Lessee may use the Leased Premises for the installation, removal, replacement, modification, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as are identified in E�ibit "B", Antenna Facilities and Frequencies and for the storage of related equipment in accordance with the terms of this N: \CLERICAI\BOARD WgreementsLLEASEVvtetricom\Cottage_001 - - 00 Use of Leased Premises (continued) Lease. This use shall be non-exclusive and Lessor retains the right to lease space to other parties, provided the use of such space does not interfere with Lessee's operarions. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. This Lease is contingent upon Lessee receiving all pertnits, license or approvals from a111ocal, state, or federal land use jurisdictions or agencies (e.g. F.A_A. and F.C.C.) for the intended use of the Leased Premises. Lessee shall obtain all such necessary pemuts, licenses or approvals. Lessor agrees to cooperate with Lessee, at Lessee's expense, in obtauung all such necessary pemuts, licenses or approvals. Lessee shall reimburse Lessor's reasonable expenses for obtaining all licenses, perznits and any and all other necessary approvals that may be required for Lessee's intended use of the Leased Premises. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. (b) The prnnary use and purpose of the Leased Premises is for a water storage structure and appurtenances to provide water service to customers of the Lessor. Lessor's operations in connection with pursuit of this primary use of the Leased Premises ("Operations") take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintain, alter or improve the Property in connection with its Operations. In the event that the use of the Structure for water service is jeopazdized because of Lessee's operations on the Structure, Lessor shall provide written notice of such event to Lessee. Lessor and Lessee agree to work together to cure the occurrence which causes such jeopardy. In the event of severe jeopardy (e.g. an antenna falling into the water Structure), Lessee shall immediately cease operations at that site. Only in the case of severe jeopardy may the Lessor remove Lessee's equipment. This severe jeopazdy would be deemed an emergency situation. In the case of a non-severe jeopardy (e.g. a loose cable that blocks access through a caged ladder), Lessee shall make all good efforts to cure such jeopardy within thiriy (30) days of receipt of written notice of event. If Lessee does not cure such jeopardy within thirty (30) days of xeceipt of written notice of event, said occurrence of jeopazdy shall constitute an event of default as otherwise defined in Section 12. Termination. If circumstances beyond the control ofLessee prohibit the jeopardy from reasonably being cured within thirty (30) days, Lessee shall notify Lessor of such circumstances and commence actions required to cure the jeopazdy (e.g. assessing the problem, ordering necessary equipment) within seven (7) days of Lessor's written notice of jeopardy and shall diligently pursue the cure to completion within a reasonable time thereafter. 5. Installation of Equi�ment and Leasehold Improvements. (a) Lessee shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineering practices, and with all applicable Federal Communications Commission ("FCC") rules and regulations, on the Leased Premises, all necessary equipment, personal property, and facilities which include radio transmitting and receiving antennas and frequencies not to exceed that designated in E�ibit "B", Antenna Facilities and Frequencies. N:�CLERICAL\BOARDWgreements\LEASENAetricom\Cottage_00 4 - . - _ CX� - �b'1 Installation of Equipmeht and Leasehold Itnprovements (continued) {b) Lessee's initial instatlation of all Antenna Facilities and any and all subsequent revisions andfor modifications of the same, shall be subject to prior approval by Lessor. In the case of non- material revisions or modifications, Lessee shall provide oral notification of such plans, and Lessor shall provide oral approval or objection within forry-eight (48) houzs of receipt. Failure to make any oral objection within foriy-eight (48) hours of receipt shall be deemed approval by Lessor. In the case of material revisions or modifications, Lessee shall provide written notice and Lessor shall approve or object to such plans within thirty (30) days of receipt, and failure to make any objection within said thirry (30) day period shall be deemed approval by Lessor. Any damage to the Property, Leased Premises, or any equipment thereon caused by Lessee's installation and operations shall be repaired or replaced at Lessee's expense and to Lessor's reasonable satisfaction. (c) Lessee shall provide Lessor with a site plan consisting of line or CAD drawings and diagrams of the Antenna Facilities and the improvements installed on the Properiy by Lessee, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal properry, frequencies, and Antenna Facilities, and shall be attached hereto as E�ibit "A", Legal Description and Site Plan and E�ibit "B", Antenna Facilities and Frequencies, prior to installation. (d) The manner in which Lessee's Antenna Facilities or improvements are attached to the Structure shall be subject to prior written approval by Lessor. Lessor shall approve or object to the �manner of attachment within ten (10) days of receipt of such plans, and Lessor's failure to make any objections within said ten (10) day period shall be deemed approval by Lessor. (e) Prior to modifying or placing additional transmitter or receiver frequencies on the Leased Premises, Lessee agrees to notify the Lessor at least siaty (60) days before the same aze modified or additional frequencies are added so that the Lessor can perform the necessary interference studies to insure that the modified or additional frequencies will not cause hannful radio interference to Lessor's or its existing tenants' operations. Lessee shall pay the reasonable costs for any such interference studies which will be performed by Lessor's own registered professional communications engineer. In the altemative, Lessee may perform the interference studies and submit the results to the Lessor. However, the Lessor, in its sole discretion, sha11 retain the right provided herein to submit the study results to its own registered professional communications engineer for review at Lessee's expense. 6. Maintenance ¢nd Repairs. (a) Lessee shall, at its own cost and expense, maintain its equipment in good and safe condition and in compliance with applicable fire, health, buildina and other life safety codes, and shall repair any part of the Leased Premises that was damaged by the placement of Lessee's equipment thereon. N:\CLERICAUBOARDWgreements\IEASE\Metricom\Co@age_001 5 _ _ - oo-�.`I Maintenance and Renairs (continued) (b) Lessee shall have sole responsibIlity for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and sha11 keep the same in good repair and condition during the Lease Term. All Antenna Facilities and appurtenances affixed to the Structure shall be painted the same color as the Slructure. (c) Except in emergency situations, Lessor shall provide Lessee with prior written notice of at least thirry (30) days when Lessor paints or repairs its Sixucture. Upon receiving such notice, it shall be the sole responsibility of Lessee to provide adequate measures to cover, protect or remove, at Lessee's discretion, Lessee's equipment, personal properiy and Antenna Facilities, and to protect the same from paint and debris fallout which may occur during the paint restoration process or repairs. In the event that Lessor's painting or repairing of the Structure or the Property causes Lessee's operation of the Antenna Facilities to be interrupted, Lessee may maintain a mobile site on the Properry or, after approval by Lessor, on any land owned or controlled by Lessor in the immediate azea of the Property. Rent shall be abated on a prorated daily basis during such interruptions if the interruption lasts for longer than thirty (30) days. 7. Propert�Access. (a) Lessee shall have access to the Leased Premises and Properry twenty-four (24) hours a day, seven (7) days a week by means of existing access in order to install, remove, repair, modify, operate, and maintain its Antenna Facilities. (b) Lessor is granted unlunited access to examine and inspect the Leased Premises for safety reasons 'and to insure that Lessee's covenants are being met. Lessor shall be liable to and hold hannless Lessee from any damage to the Leased Premises ar to Lessee's equipment and antenna facilities caused by Lessor in exercising its right to examine and inspect the Leased Premises. Lessor shall not have unsupervised access to Lessee's equipment cabinets. (c) Lessee may also, at its own cost and expense, enter upon the Property to study and determine the Property's suitability for any other use of Lessee, which studies may include surveys, radio wave propagation measurements or field strength tests. 8. Utiliries. Lessar makes no representations that utilities adequate for Lessee's use of the Leased Premises aze available. Lessee will pay for a11 utilities used by it at the Leased Premises. Lessor will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. 9. Personal Property and Reat Estate Taxes. If any of Lessee's unprovements constructed on the Leased Premises should cause the Properry, or any portion of it, to be taxed for real estate purposes, it shall be the liability of Lessee to pay that portion of such properiy taxes directly attributable to Lessee's equipment, provided Lessor shall give Lessee priox written notification of sucht�es so that Lessee will have the opporhuiity to appeaz before the taxing authority to contest such ta7ces. Notwithstanding Lessee's right to contest such taYes, Lessee shall pay its share of such taxes within Yhirty (3�) days of receiving notice of the same. N:ICLERICAL�BOARDVIgreementslLEASEVvletricom\Cottage_00� co-�1 I0. Comnliance andStatutes. Regula8ons. andApprovals. Lessee's use ofthe Leased Premises herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals tbat may be required by any federal, state or local authority, including but not limited to an engineering study and a radio frequency interference study. Lessee's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with all state or federal or local or municipal statutes, ordinances, rules or regulations now in effect, oz that hereafter may be issued by the FCC or any other governing bodies, and in accordance with any Leased Premises standards annexed hereto as E�ibit D, Technical Minimum Site Standards. II. Interference. (a) All frequencies proposed for uutial use shallbe evaluatedby Lessor's communications registered professional engineer. Lessee shall pay the reasonable costs of such evaluation. Lessee shall not transmit or receive radio waves at the Property unfil such evaluation has been satisfactorily completed. (b) Lessee's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way withLessor's operations, including Lessor's radio frequency transmission, or repair and maintenance activities. Lessor's operations take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintaan, alter or improve the Properiy in connection with Lessor's Properiy operations as may be necessary. For all substautial improvements or repairs, Lessor agrees to provide Lessee with at least sixry (60) days advance notice of the same and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. For minor repaus or maintenance Lessor agrees to give two (2) days 'advance notice of any such activities to Lessee and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. Nonetheless, if Lessor's use of the Property does cause interference with Lessee's operation, the Lessor shall not be responsible, and, at Lessee's choice, Lessee may terminate this Lease under the notice provisions and conditions as contained elsewhere in this Lease. In the event of an emergency situation which poses an immediate threat of substantial harm ar damage to persons and/or properiy on the Leased Premises, Lessor may enter the Leased Premises and take such actions as are reasonably required to protect individuals or personal property from such immediate Yhreat of substantial harm or damage; provided that promptly after such emergency enhy into the Leased Premises, and in no event later than twenty-four (24) hours after such entry, Lessor gives written notice to Lessee of Lessor's entry onto the Leased Premises. (c) In its use ofthe Leased Premises, Lessee may not interfere with the Operations of Lessor or other parties who were occupants of the Property prior to the commencement date of this Lease, provided that the equipment used by Lessor or other occupanCs is operaring within the technical perimeters specified by its manufacturer and/or as defined by the FCC. In the event of any such interference, Lessee shall take all actions necessary to immediately eliminate such interference in accordance with reasonable technical standazds. In the event Lessee cannot correct the interference, Lessee shall have the option to terminate this Lease without further liability hereunder, upon si�iy (60) days written notice to Lessor. N:ICLERICAL\BOAROWgreementslLEASEWIetricom\Cottage_�Ot � Interference (continued) c`.� -S10 {d) Lessor will not �ant a lease to any other party for use of the Property, if such use would or is likely to interfere with Lessee's operations on the Leased Premises. Any future lease by Lessor ofthe Property to additional parties which permits the installation of communications equipment shall be conditioned upon not interfering with Lessee's use of the Leased Premises, and shall be ternunated if interference occurs and is not corrected within a reasonable time. Notwithstanding the foregoing, Lessee acknowledges that Lessor may lease the Property, or any part of it, to other parties in close proximity to the Leased Premises, and Lessee agrees to work cooperatively with any such other parties, using accepted technical standards in accordance with FCC standards, to ensure that such other parties' use and Lessee's use will be compatible and wi11 not cause interference with each other. Lessor agrees that it will require the same obligation of all such future parties in any lease or agreement with such future parties. Further, Lessee agrees to meet the conditions set forth in B�ibit "D", Technical Minimum Site Standards. (e) Lessor in no way guazantees to Lessee noninterference with Lessee's transmission operations, provided, however, that in the event that any other pariy requests permission to place any type of additional antenna or transmission facility on the Properiy, the procedures of this Section shall govern to determine whether such antenna or transmission facility will interFere with Lessee's transmission operations. `If Lessor receives any such request or proposal from a pariy seeking to lease space on the Properiy, Lessor shall submit the proposal complete with all technical specifications reasonably requested by Lessee to Lessee for review for noninterference. Lessee shall have thirry (30) days following receipt of said pzoposal to make any ob}ections thereto, and failure to make any objecfion with said thiriy (30) day period shall be deemed consent by Lessee, subject to interference provisions of paragraph ll(c) of this Lease, to the installation of antennas or transmission facilities pursuant to said proposal. Lessee shall not be responsible for the expenses incurred in any independent validation of such interference objections. ( fl In the event that Lessee or other tenants on the Property experience interference of their approved frequencies and they cannot reach agreement as to the cause and remedy of such interference, the Lessor's own registered professional communications engineer shall determine such cause and remedy and Lessee shall abide by the engineer's determination. Lessor agrees that it will zequire the same obligation of all such future parties in any lease or ag�eement with such other parties. (g) Without luniting the foregoing or any other remedy. Lessee shall have the right to terminate this Lease upon sixty (60) days written notice in the event its reception or transmission is interfered with by Lessor or its other tenants' equipment, such right to terminate shall become void if Lessor cures such interference within thirty (30) days of receipt of written notice. N:1C�ERICAL\BOARDWgreements\LEASE\MetricomlCOttage_001 8 -_ - �o-se� 12. Termination. Except as otherwise provided herein, this Lease may be terminated by either parry upon sixty (60) days written notice to the other party for the following reasons: (a) by either parry upon a default of any covenant or term hereof by the other pariy, which default is not cured within sixty (60) days of receipt o£ written notice of default to the other parry (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be comple#ed within sixty (60) days, within such reasonable time as may be required provided the defaulting party commences the cure within ten (10) days of receipt of written notice of default and diligendy pursues such crue to completion. (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmental approval necessary £or the construction ancUor operation of the Antenna Facilities or Lessee's business; (c) by Lessee if the Leased Premises is or becomes unusabie under Lessee's design or engineering specifications for its Antenna Facilities, or communications system. (d) by Lessor, if it determines, after review by an independent structural engineer, that the Property is structurally unsound, including but not limited to considezation of age of the siructure, damage or destruction of all or part of the Froperty from any source, or factors relating to condition of the Property; (e) by Lessor if Lessee fails to pay rent provided for in Section 3. Rent within thirty (30) days of receipt of written notice from Lessor of a rent or other payment being overdue. l3. Insurance. a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and all clanns, demands, actions, }udgments, expenses, and liabilities which may arise out of or result from Lessee's use of the Leased Premises. Any applicable policy shall list the Lessor and the City of Saint Paul as additional insured, and shall provide that it will be the prnnary coverage. The insurance coverage must include, at aminimum, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Five Hundred Thousand Dollazs ($1,500,000) per occurrence, subject to Three Million Dollars ($3,000,000) aggregate. Lessee may satisfy this requirement with underlying insurance and/or an umbrella policy. (b) Lessee shall provide Lessor, praor to the Commencement Date and before each Renewal Term of this Lease, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph 13 (a) above. Said certificate shall also provide that the coverage may not be canceled, or non-renewed, or materially changed without thirly {30) days written notice to Lessor. l4. Indemnitv. Lessee agrees to indexnnify, defend, save and hold hannless the Lessor and the City of Saint Paui, and/or any agents, officers or employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of, or by reason of, the Lease of the herein described Leased Premises by the Lessor to Lessee, or arising out of, or by reason of, the use or condition ofthe Leased Premises, or as a result ofLessee's operations or business activities taking N:\CLERI GA�\BOARDWgreements\�EASEVvletricom\Cottage_001 - - � Sb`? Indemnitv (continued) place on the Leased Premises, provided the same is not due to the contributory negligence or willful misconduct of the Lessor, the City of Saint Paul andlor any agents, officers or employees thereof. It is fully understood and aa eed that Lessee is awaze of the conditions of the Leased Premises and leases the same "as is." 15. Dama;e ar Destruction. If the Properiy or any portion thereof is destroyed or damaged so as to hinder its effecrive use, Lessee may elect to terminate this Lease upon fliiriy (30) days written notice to Lessor. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by Lessee, prorated to the date of the event. IS. Notices. All nouces, requests, demands, and other communications hereunder shall be in writing and shali be deemed given when personally delivered or mailed, certified mail, retum receipt requested, to the following addresses: If to Lessor, to: Board of Water Commissioners Attn: Bill Tschida 8 Fourth Street East, Suite 400 Saint Paul, MN 55101-1007 If to Lessee, to: Metricom, Inc. Attn: Network Real Estate 980 University Ave. Los Gates, CA 95032 17. Renresentations and Warranties. (a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, subject to such liens of record; (iii) Lessee shall have quiet enjoyxnent of the Leased Premises during the term of this Lease in accordance with its terms. (b) Lessor represents that it has no knowledge of any substance, chemical or waste on the Property that is identified as hazardous, toxic or dangerous in any appiicable federal, state or local law or regulation as defined in paragraph 17 (c) of this Lease Lessee represents and warrants that its use of the Leased Premises herein will not generate and it will not store or dispose on the Properiy nor transport to or over the Property any hazardous substance, chemical or waste contrary to any law or regulation. Lessee fiirther agrees to hold Lessor harmless from and indexnnify Lessor against any release of any such hazazdous substance, and any damage, loss, expense or liability resulting from the breach of this representation or from the violation of any state or federal law by such release associated with Lessee's use of hazardous substances, including payment of all attorneys' fees, costs and penalties incurred as a result thereof, except for any release caused by the negligence or willfizl misconduct ofLessor, its employees or agents. N:\CLERICAL\BOARDWgreements\LEASE\Metncom\Cottage_001 10 Respresentations and Warranties (continued) d� �.o� (c) "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or to�c material, hazardous or toxic or radioactive substance, or other similaz term by any federal, state or local environmental law, regutation or rule presently in effect or promulgated in the fature, as such laws, regulations or rules may be amended from time to time. Lessor acknowledges Lessee's use of batteries as back-up power and deems them acceptable as long as such batteries aze used in accordance with all applicable laws and good engineering practices. (d) The individuals signing and executing this agreement on behalf of Lessee warrant that they have the requisite corporate power and authority to enter into and perform this agreement on behalf of Lessee. 18. No Liabilitv on Lessor. Except due to Lessor's wiliful misconduct, Lessor shall not be ]iable for any damage to Lessee's equipment or facilities, and Lessor shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown, to Lessee's equipment or facilities. Lessor sba11, however, in its own discretion, take reasonable measures to prevent damage to Lessee's Antenna Facilities. 19. Assignment (a) Lessee may not assign or sublet this Lease without the prior written consent of Lessor, wYuch consent shall not be withheld, conditioned or delayed without reasonable cause. Notwithstanding the provisions of this paragraph, Lessee shall have the right, without Lessor's •consent, to assign this Lease to any financially responsible parent, subsidiary or �liate of Lessee or any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee, as long as assignee assumes the obligations of this Lease. Any approved sublease that is entered into by Lessee shall be subject to all of the provisions of this Lease. (b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Lessor from leasing other space on the Properry to any other person or entity which may be in competition with Lessee, or any other party, subject to the conditions set forth in Section 11. Interference. 20. Successors andAssigns. This Lease shall run with the Properiy. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representarives and assigns. 21. Surrender of Premises. At the expiration of the initial term of this Lease, or any Renewal Term, or any eazlier ternunation of this Lease. Lessee shail quit peacefully and surrender possession of said Leased Premises in as good condition as when it was delivered to Lessee, reasonable wear and tear and casualty loss excepted. Lessee shall remove its equipment, personal properiy, Antennas N:\CLERICAL160ARDWgreementslLEASEVNetricom\Cottage_001 l � _ _ ��b`l Surrender of Premises (continued) Facilities, and leasehold improvements from the Property on or before date of expiration or terminarion, and shall repair any damage to the Properiy caused by such equipment, all at Lessee's own cost and expense. 22. Markin�andLi�htinQRequirements. Lessor acknowledges that it shall be responsible at Lessor's sole cost and expense, for compliance with all building mazking and lighting requirements that the Federal Aviation Adminisiration ("FAA") may require with respect solely to the height of Lessor's Structure. The responsibility, however, is expressly lunited to the requirements that would be required of an elevated water storage facility having no communications equipment installed on it, irrespective of Lessee antennae. Lessor shall indemnify and hold hannless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements for the elevated water storane facility Structure. Further, should the FAA cite Lessee or in the event any clauns are brought against Lessee because the Structure alone is not in compliance as opposed to the water Structure and antennae, then Lessor shall indemnify Lessee for full costs, liabilities, damages and ea-penses, including reasonable attorney's fees. Further, if Lessor does not cure the conditions of noncompliance on the Structure within the tnne frame allowed by the citing agency, Lessee may temunate this Lease immediately without any further liability hereunder upon written notice to Lessor. Lessee aclrnowledges that it shall be responsible at Lessee's sole cost and expense, for compliance with all building marking and lighting requirements that the Federal Aviation Administration {"F'AA") may require with respect to Lessee's antennae. In the event the FAA determines that Lessor's water tank needs to be mazked, lighted or in any way modified due to the existence of Lessee's antennae, Lessee sl�all have the option to mazk and light the tank at its own expense, or to terminate this Lease, pursuant to Section 12. Termination, and remove all its equipment at its own cost without any fitrther liability to either party hereunder upon thirry (30) days written notice to Lessor. Said marking, lighring and modifying shall be subject to prior written approval by Lessor, such approval not to be withheld without cause. Lessor shall approve or object to such plans within thiriy (30) days of receipt, and failure to make any objection within said thirty (30) day period shall be deemed approval by Lessor. 23. RFCom�lianee. Lessor shall cooperate with and pernut Lessee to implement reasonable measures at the transmitting site, including restricting public access and posting signs and markings, in order for Lessee to fulfill its Radio Frequency exposure obligations. Lessor sha11 hold liable far compliance any later Lessee that causes the entire site to exceed FCC Radio Frequency radiation limits. 24. Miscellaneous. (a) Each party agrees to fixrnish to the other, within twenty (20) days after notice of receipt of the request, such truthful estoppel information as the other party may reasonably request. N:\CIERtCAUBOAROWgreements\LEASEVNetricom\Cottage_�Ot 12 Miscellaneous (continued) �-�19� (b) T`his Lease constitutes the enrire agreement and understanding of the parties and supersedes any and all offers, negotiations, or other a�eements of any kind. There aze not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. (c) This Lease shall be construed in accordance with the laws of the State of Minnesota. Any legal action may only be commenced and proceed in the relevant district court in Ramsey County, Saint Paul, Minnesota. (d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remanung terms of this Lease, which shall continue in full force and effect. (e) Upon request by Lessee, Lessor agrees to execute a recordable Memorandum of this Lease. ( fl Any claim, controversy or dispute arising out of this Lease shall be settled by binding arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the awazd rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the state where the property is located. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to awazd punitive damages or other noncompensatory damages. The parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall be either a retired judge or another professional whose expertise includes the subject azea of the dispute. (g) E�ibits "A" through "D" listed below are hereby incorporated into this Lease by reference. E�chibit "A" Exhibit "B" E�ibit "C" E�ibit "D" Legal Description and Site Plan Antenna Facilities and Frequencies Memorandum ofLease Recording Technical Minimum Site Standards END N:\CLERICAL\BOAROWgreements\LEASEUVIetricomlCottage 001 1� oc�-s�, IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year first above written. Lessor: ,...• � BOARD OF WATER CONLNIISSIONERS FIN 41-6005i21 B �,�--,�.` ,( �,c'�`r'� Bernie R. Bu11ert, CTenerai Manager Saint Paul Regional Water Services : 7ames C. Reiter, President Approved as to form: By G,� 5"�G� 6a BY Assistant City Attorney Janet Lindgren, Secretary APPROVED: !:� Its Legal Counsel CITY OF SAINT PAUL: By Mayor By City Clerk By Director, Office of Financial Sezvices Lessee: METRICOM, INC. By ��K �. a� Its ��CE PRESIDENT ORP�RAiE OpS. N. \CLERI CAL\BOARD W greements\LEAS EUAetricomlCottage_001 A�proved As Ta Form F��W L� De�artment By; ✓ °' �� : s ` �.� ' +� ia �--5� I Nletricom Site �: �-0039-B NIetricom Site Name: St. Paul Cotta�e Ave. Standpipe APT �'Iarket: �Iinneapolis �:IE��i1�ii LEGAL DESCRIPITON OF OWNER'S YROPERTY: That part of the Southeast quarter (SE i/a) Section twenty-three (23), Township twenty- nine (29), Range twenty-two {22), coaunencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Registrar of TitIes, in and for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easteriy from the West line of the Northwest quarter (NW '/a) of the Southeast quarter (SE '/a) of Section twenry-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Minnesota; thence Easterly 162 feet; thence Northerly to the South line of Cottage Avenue; thence Westerly to the place of beginning. It being intended, hereby to describe and convey ihose certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i of "Proposed Hillcrest Terrace", as shown on Plat entitled "Exhibit A" attached hereto, as part of hereof. PIN # 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44 54 ".12" Longitude W 93 00' 39" Exhibit "A" �� a� �� C� S� , � �� '� , , + .� s S z � 8 � $� °€� u r� �� R� B�a z� � �� a y q � �B a� 8j �„ �6 R � �� PY �\ �� >F � �� • n 0 � n m m z c m `-, •• . � N O � O ; O e � LJ -1 ➢ z � m r m < b - O Z �� .. €� �F C � . � b Z . � .L O O � �� SecSSon 1- Goezsl Reqoiremen� �_ � �c�-�So` M�sw Co�scSpecs Rcrsion 6A.18 Nw 1999 WIItED ACCFSS POINT SYECIFICATIOtdS: � . �� WAP El ISM WCS Traasmifter Frequency 902-928 ME3z 2300-2350 GHz 2400-24835 GHz Rxdver FYeqnwcy 902-9281�f'rIz � N/A - 2400-2483.5 GHz Anieana configuntion 4 S�con q�.�� 4 Antrnaas/Scctor Z Aatenn� J'rn:� rr! arid Hor¢aaul Spaaieg : $et :"errical ,Spaciu� ,�tYD HoriZOtttal Sa.tion 7F, .�w tt4p3� Coaz, aad SPQ�S =��n 7F; Aa�,i, ('.oa�, Ethcmet Cab3c Iast3ltation. and Elhemei Cahk Instaltaaon, Iarscn Anunm is thc P�� C��i Pm�crs} THD � = Use H",�-t,,,.�,, y, ypace canaot accommodate I.arsen Antcana - tSpxiag u from cmur us asstaj Above subjat to cbange Anteana dimmsions Daal-band Smek-band �� 36S"hz625'wx3S"d 42'hzb_1"wz2.8"d 4ticisar S_� IL� (�3uumin_ 6iac�ar_ I: ::';:isnr. 6S I'c� t; hrackc- i.� I�'' � Ibs.I Atarufaccurer. [,acsen :.trnufacmrr. J�cbe3 �tad�f No —ro 8 c� 26 — g� a 36"fix IOS'wz2S^d �:iTE: 4ECi?EListheUNLl' �\�cig;::: 3.�J Ihs. t�iouncirsbcackct zPPRdVED R�{:S Antenna" . -:r�1 � n ^-�� MDOS�- NO �f.�:�_:�cniccr. itir.chmza. �!� '1 TT �� }`� rS q 2�4s S-�3 a �<)TE: RF En�neering recnmtnends Ris_szhrnan .�.ntennas tn � - be iv;ed on Rooftops_ L:arsen Anrennas io be vsed oa Watcr Tanl;s and Tnr� ars oi,�j,L t}•pes This is for tS��t UtiLY �� (�n 9C0 ME�Iz 6 dBi Z4 Cs�z 15 a'Si 18 aBi Poner onipat zt anieana 9p0 MHy 36 dBm (4Fn 24 GHz 42 60 �m (1000W} �m { 16C� Antrnna sad ndio - anttana cannear zo radio with short - a��a c�eca bo radio wi1� up to mnaecboas coazJ�T 1.fi2�iachcoaz - ra�o connecu � cabmct via - max coaz kagt�t aboat200 fxt Ei�anerlpowe eabk - RF cng�r w�I speeify coax sae and - max cable Iq�h 100 meitz5t328 fxL � k�gth per si� O MeIIican4 m�. CpT�D�Mipy & PROPRETi,VCY Dxvrs�eot . 3 Exhibit "B" sectien 1 - ceaeral xeqasremrnts =� "; � � S�� "_; MssKCautSpea Rcvis+on 6A, I8 Nor 1999 WAP Element js � WCS Indoor Cabinci ji:Ltt Cabinet :�:anine: ibr �:�ncrnnas Configuration' �:'abinzt ('or� ;�ntrnnas Indoor Cabinct _:' :� � : 3 d s ?'_� !i . :'r' .c � i2 d ;:'-' h Dimensions' :.c:_nc G>�� ibs. .. :- C� o�: :� ;nccnnas �: ei�_ht t S'?(t Ih,_ (See uotr 4) . :i C'j ��r � :�ateattas ,� eisiu 2S6i IUs. (See no�o Sl Outdoor Cabinct �U w- �;}' d s�%" h •::'ci__Su 1�Cj Ii (Far 2 ca6inci) COAI1�i1T1hOItS ' a:i_ni� �:.) ��•: S :Fntcnnas ':� cighl:G�01h> �far3 pbintLS1 AC Indoor Potircr .;e i�i�4 �.iii drs�.• i G��tP� �i;\t �!.'$ �v� �;�r,.:-nt� will dnw Requfiremenis _ ?sti \'<1C �I.: :iliYs )i;1� ,(a!20S �'.�C .tnd 2' 2 :l?�Ps �ui �d0 YAC _� CS w� S.antennas wi11 dra�v (,: '. �.iPs \1;t\ :r: 20R � AC. and ^;.-t A a-tPs :�- 3�0 \ :�C ACOutdoorPotiter "t�:�tS�9w�ilI-�ir,ru�ltiA�Ps�;?,:i :�CS�r-; :ntcnaas�r,ilidr,�v Requiremenis ur: ?-i0 VAC ptus j A'�3Ys tor tl:z :' ;._ A�iPs \9,-lX i2�' 2pF \'�(' Se�e,cch=n••rr .:nc! 2"?."' :\l�#Ps:ir� 2d0 VAC piu; - . � s: :��fPz tor me air condoeioner �`C.1' �: 8:�netnnss cc�iU da�v 6= `.\iPs �SAk ;� ?U3 V �C and �-�.4 Amg; i:z 2d0 VAC p3vs 30 ' �_�4Ps Eor the a'v condiriona Etheznei Radia 1 prr SS?�i amenna i_'' a S" x� �seikht 10 fbs. Infu-connectRtquiremenis Prri'm-ecL• Fibzr � i'rzferred: f�ior: Caoice2:+T-llinaiffiberisno� 'hoice?:�'I-i liaesiflibtris �tziiabie. �:o: a�ailabie. : naico =: �iic:o�+•ave t2d �sn7 "nuice 3: ;.ii� c (24' dish') Fber hi� C�binet �- L+ x �G �v c 26� d �� h ti;ti' :c � 26' d Dimeasian * �i i i F: Gbiner �iimeasioni eary ozr cOTF: Cabinrt dimensions ��arv S_c<-`:C�EC t�:r L£CiCt_F� Person�i RF Sign��e.& Rt::: co Secrion '`HeaIth S Sa1e�' Coc :Y et2r to Sec¢on 'Heatth & Persoaat RF Monitan FF Exposure'. �aftty for RF Esposure . 3 r O Mcai�n, fnr� CONFIDFNR.IL g PRL)PRIITARY Doam�u�t � J ...� i HIRSCHMAN A1�FTENN�1: 3_0 ElecLrical � 2.0 Mechanical and Emironmen�al [_-- � �- S�o� � � � ��'�EQ�t Prepaved by . RF Netveork ConsUucSion Ersgineerin9 Date Rsv f iCiFJKt 1 at FEB 06 t tS,dBi �? 2.310 to 2_485 Gl-fz 6 d8i @ 9Q2 to &28 MH2 r — -----' — i . __` I t: � :. � � � t t ��• '."e' [ . �� i .:�Y � t j` � �' ` �� ,. `" r � �i I 1+ . i. _ �� . � :: i- . i!; i : 5- ��} �i� � i ( t �'k =c„�v fIt � 36�5 � �� a ` _ � �5b� . � =� Anfenna Speci�catiort, Larsen P�oduct Duai Band Panef Anfenna Co�sfruetio� SpeeifcaEioas SYandard Rev. 8.0 ' :, . y � _ � i ' =� • � ' i ��: , � �� ':'� ; i �.; : � j�`;_ - i Page 't0 of �ecteon 't � 2000 Mccica� Ina CpTIFIDg,T�iIfAL & FROPRIEI'ARY Docssmrnt � �=-_ c�o k._ Outdoor Ca�inets �r' Construction Specs. Book, REV. 7.0 �r � N1Qtr1COri1 F+9ure 7 �Prepared by Dafe Rev. Cabind Iltustzations 1. ISM, 2. WCS 4 amQ, and RF Network Cansinldion Enginesring 20 Jan �0 � 3 �� g� ar Com�ination tSM�WCS 8 amp See d;U�t� Outdoo- ISM Only � ��.00 � —� Y s;.00 I � �z.0o � / Thermal Electric Cooler utilizes a -48 volt, .5 amp fan. os�ovz000 xoh is:ai Fs� rdooz�oo� �-- �O-So � Lease aed Cabiest l.ayau#lFootprint Construction Speci�ications, SffindaM. � � Metricam "°'�me ° prspared by Dase Rcv. � Rgure f RF Network ConsWetion Erfginoaring 0� Mar OQ 2 OutdoOr ISM C3binEt On Piatfotm � � � , �. i [ - { I ,'' ,� ;' I ;�--1 '-� `' Y . -. �'�� T �,�—"_'_'�'.�" i� � n ;� n �' `�� q �l �f � ,\ II 11 �� J' < ° c„�„t � ��• . � � ' � � r � i -- i t � i `� �2 �^3 �f��. ' �� ' � ..� ri� ' � � � [ � 200Q Metricum, inc. Co�idea�iat & ProD+��Y ��--' 05i01/2000 �LON 15:91 F.iY r�ooa�oo� �� cJo�l ! WCS Outdaor Cabinet Phcta t Construction Spea�caUon Standard � � Metricom voLU�,� �� PnP� bY D� �v. Fig i.i RF Network Corrstruction Engineering 01 Mor �� 1 ISM, WCS OR COM80 � � � �O 2000 Meu�cam, Inc. C�dential & PropriemzY � sb� Ruording Requested by: iVIETRICOM, LYC- 980 Universiry Avenue Los Cratos, CA 95032 When Recorded Mail to: �nucon�, LvC. Attn: Network Real Estate 980 UniversiTy Avenue Los Gatos, CA 95032 (space above this line for Recorder's use only) Memorandum of Lease T HIS MEMORnNDUM OF LEASE is entered into as of , by and between BOARD OF WATER CO�'IlVIISSIONERS, Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, with an office at 8 4'" Street East, Saint Paul, Minnesota 55101, ("Lessor") and METRICOM, INC., a Delaware corporation with an office at 980 University Avenue, Los Gatos, Califomia ("Lessee"). AGAEEMEiYT 1. LEAS� oF PREMISES. For the purpose of installing, operating, and maintaining a communicarion facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, cert�in premises more particulazly described in, and on the terms and condirions more particulazly set forth in, that certain Communicarion Faciliry Lease dated May 16, 2000 (the "Lease") by and between Lessor and Lessee, which terms and conditions aze hereby incorporated by reference. 2. The subj ect property affected by the filing and recording of this Memorandum of Lease is described in Eahibit "A", attached hereto and incorporated herein by reference. EXHIBIT "C" e G� �� IN WYP�rESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above wrirten. Approved Lessor. Board of Watef Cnmmiccioners, a vlinnesota l�tunicipal Corporation B `U�la�h. � �� 5 a� Mar�.hew J. Pfohl Its: Assistant City Attomey By: James C. Reiter Its: President By: 7anet L'mdg�en Its: Secretary CITY OF SAIlVT PALZ � Its: Mayor [name typedJ � Its: City Clerk �name typed) � Its: Director, Offce ofFinancial Services (mm�e rypedJ Men METRICOLvL, IN:, a Delaw corgoration By: DicK L. Aa Its: C�7RP�RATE OPS. �n6�� a�� ACKNOWLEDGEMENTS STATE OF ss. COUNTY OF On ,beforeme, NotaryPublic,personallyappeared Matthew 7. Pfohl, James C. Reiter and 7anet Lindgren, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowled�ed to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf oY which the person acted, executed the instrument. Witness my hand and official seal. Notary Public My commission expires: (SEAL) STATE OF COUNTY OF ss. On , before me, , i�otary Public, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his sla ature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. W itness my hand and official seal. Notary Public (SEAL) My commission expires: � ACI{'iVOWLEDGE�NTS STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Frederick K. Owusu, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowtedged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Joseph M. Reid, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the insirument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: 0o sb`� CALIFOIZNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia } } County of Santa Clara} On May 18, 2000, before me, Anthonv E. Rodri�uez, Notary Public, personally appeared Dick Au , personally known to me to be the person whose name is subscribed to the •Nithin instrument and aclmowledged to me that he executed the same in his authorized capacity and that by lus signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instniment. � _ Artartot�rr�,ROOt�cu�_r ��SS m hand and official seal � � ^ . — C..^;L1tDiss:on� 1i452�=, z Y «� NohuyPVb&G-C4�LfcA[!�-a a � ,/ S �� anf � c3 Clcrsi � y "= y ` y " j m � 3Y']k3i4�M��94{f"-[KX� . ///� _ _ .. _ _ ...�. __ _ ..— �— �� / �. Place Notary Seal Above SignaNre of Public OPTIONAL Though the informafion below is not 2quired by law, it may prove valuable to persons 2lying on the doc�ment and could prevent fraudulent 2moval and reattachment to another document Description of Attached Document TiUe or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity (ies) Claimed by Signer Signer's Name: ❑ Individuai ❑ Corporate Officer ❑ Partner - � Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �-�� l�Ietricom Site �: ��-0039-B l�Ietricom Site tiame: St. Paul Cottage Ave. Standpioe APT l�larket: Viinneapolis t �•�r. r_ LEGAI. DESCRIPTION OF OW�iER'S PROPERTY: That part of the Southeast quarter (SE Y<) Section twenty-three (23), Tow twenry- nine (29), Range twenry-two (22), commencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Regitstrar of Tirles, in aad for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easterly from the West line of the Northwest quarter (NW i/<) of the Southeast quarter (SE '/4) of Section twenty-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Niinnesota; thence Easterly 163 feet; thence Northerly to the South line of Cotta�e Avenue; ttience Westeriy to the place of be�nning. It bein� intended, hereby to describe and convey those certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i o£"Proposed I�illcrest Terrace", as shown on Plat entitled "E�ibit A" artached hereto, as part of hereof pi`iI# 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44° 59',12" Longitude W 93 00' 39" Exhibit "A" 0 o Slo TECHNICAL MININIUM SITE STANDARDS Saint Paul Regional Water Services Water Tower Antenna Site All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuarion to any intemal RF si�als. Desk-top base stations and open racks cannot be used without sQecial approval. Additional shielding kits may be required. 2. At least 60 db of isolarion for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided. A harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maacimum transmitter power allowed into the antenna feed line shall be 110 watts per transmitter. Aigher power levels will be considered on a case-by-case basis. Additional protective devices may be required. 4. Only jacketed copper Heliax cable shall be permitted for transmission lines at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or %z inch Superflex. RG/8 or any other singie shielded cable will not be allowed. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be pernutted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodularion product at the site will not be pernutted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MHZ band: 150 MHZ band: 450 MHZ band: 800/900 MHZ band: Microwave: 50 db at 1 MHZ 50 db at 1.5 MHZ SOdbat2.5MHZ 50 db at 10 MHZ 50 db at 20 MN7. EXHIBIT "D" N:�BISCHIDA�P.NTENNA\TechStand 971 0o Sb1 TECHl�TICAL NIINLMU`!VI SITE STANDARDS - Continued 7. Each cabinet must be identified by the owner's name, address, FCC station license number and the name and telephone number of the responsible service a�ency. 8. Prior to approving any application for antenna space at the site an engineering study will be prepared by the Engineer for the St. Paul Water Utility consisting of at least the following items: a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the azea at time of application. (Study will include 2nd, 3rd and Sth order IM terms, and A+ B- C, three-product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. 9. Plan and specifications to secure equipment to the tower must be submitted to and approved by Saint Paul Regional Water Services prior to installation. -End- N:�BTSCHIDAWNTENNA\TzchStand 971 BOARD OF WATER COMMISSIONERS bo Sb� RESOLUTiON — GEflERAL fORM N, 4717 PRESENTED BY AICaIld pA � Mdy 16 ZQ�� COMMISSIONER Wi�REAS, Metricom, Inc. desires to lease space from the Board of Water Commissioners on its Cot[age Avenue Standpipe site at located at 2100 East Cotta�e Avenue, Saint Paul, Ntinnesota 55119, to install and operate a wireless internet system; and WHEREAS, staff and the assistant ciry attorney have prepazed a Lease A�eement which provides for a five-year lease and which automatically renews for three additional five-year terms, startin� at an annual lease rate of $1"7,000 and increasing each subsequent yeaz; and W�IEREAS, the Lease Agreement is recommended for approval by staff and is approved as to form by the City Attomey's office; now, therefore, be it RESOLVED,thattheLeaseAo eementbetweentheBoardofWaterCouunissionersandMetricom, Inc. is hereby approved substantially in the form submitted, and that the proper officers aze hereby authorized to execute said Lease Agreement on behalf of the Boazd; and, be it FURTHER RESOLVED, that the Honorable Council ofthe City of Saint Paul is hereby requested to approve said Lease Agreement and to authorize the proper o�cers of the City of Saint Paul to execute said Lease Agreement on behalf of the City. Watez Commissioners y�,y Arcand Cardinal Vice President Haselmann President Reiter In favor 4 _ Opposed � Adopted by the Board of Water Commissioners Nays May 16 , x�: 2000 � ,� � �- _I� � • �Counal File # ��,�b`I oR4�iNa� Preser.ted By Referred To Green Sheet : IO2� t R RESOLUTiON C17Y QF, SAINT PAUL, MINNESOTA iz Co¢�i.ttee: Date WHEREAS, the City of Saint Paul does own fee simple tide, "for the benefit of the Board of Water Commissioners," to the water tower site commonly known as the Cottage Avenue Standpipe site, which is located on Cottage Avenue east of Ruth Street in St. Paul; and 5 WHEREAS, Metricom, Inc. desires to lease space at the Cottage Avenue Standpipe site to 6 install and operate a wireless intemet system; and 7 8 WHEREAS, the Board of Water Commissioners did adopt Board Resolution No. 4717 wluch 9 approved a Lease Agreement with Metricom, Ina and requested the Honorable Council of the 10 City of Saint Paul to likewise grant approval; now, therefore, be it 11 12 RESOLVED, That the Lease Agreement between the City of Saint Paul, the Board of Water 13 Commissioners, Saint Paul, Minnesota, and Metricom, Inc. allowing the installation and 14 operation of a wireless internet system at the Cottage Avenue Standpipe site is hereby approved 15 and that the proper officers are hereby authorized ta execute said Lease Agreement on behalf of 16 the City of Saint Paul. Requestcd by Depaztmcnt oE: sY "\ \ �,_ a �,,,�. �pproved by Ma or\ pate�� r �I 2��'3 ir _ ��°G'�� J�Ym�% I Saint Paul Regional Water Servic B ,��,��-��`ll- �'��— �enera Manager Form Approved by Ciry Attorne Br. '�a�•.. �r} .�""� S.3o. b� Approved by ayor for Submission to Council sr ntic ,Sdopted by Council: Date�y a-oo 0 Sdoption Cer�ed by Coundl Secretary � �EPARTMBdT/OFfICFJCOUNCIL St. Paul Regional �NTACT PFR90N 8 PFiO1JE Bernie R. Bullert IUST BE ON COUNCIL AGBJQ4 B Water 2 �� TOTAL # OF SIGNATURE PAGES 1 00 -5� ""1 GREEN SHEET [�0 10 2 2 i 9 mun�ro.�aeirt� a — r.� arvcwacf. �.,.� 1[l. �S 30. `�❑ �,,,� _ �. .,�„�,�.�.. ❑,.�,�,,,a,a_ '�. YVORKR�WifMII� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution approving a.lease agreemen*_ betweea the City of Saint Paul, the Board of Water Commissioners and Metricom, Inc. allowing the installation and operation of a wireless internet system at the Cottage Avenue Standpipe site in Saint Paul. Attachments: 1) Staff report 2) Proposed Resolution PLANNING COMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION Board of Water Co�missioners Has thie P�� ererxaked uMer a conhact for Nis tlepertmeM7 rES nio Has iMs P�J6rtn e.er been a cHy empbyee9 YES NO oaestlue qe�soNfi�m poesees a sla�l mt mm�e�ryG�d M�Y eurteM cilY enwWYee4 VES NO Is Nie peBavfirm a qrpetetl vendoR � YES NO Nain all ves a�nv�eB an s2D2tate sIiEM aM 8lf8Ch W GfEMI sh3et ( Metricom, Inc. desires to lease space on the Board of Water Commissioners' Cottage Avenue Standpipe site to operate a wireless internet system. See,attached staff xeport. Board of Water Commissioners will receive additional revenue. RECEIVED IFAPPROVED None Revenue potential will not be realized. AMOUNT OF TRANSACTION S INPoRMAl10N (IXPWN) � COST/REVENUE BUD6ETED (CIRCLE ONE) ACTNI7Y NtMBER YEE NO �B3B�fC�i �',@;3�?� � � i�4„� _�.._�. 0 o-se STAFF REPORT May 23, 2000 Pertainiug to a Lease Agreement with Metricom, Inc. allowing the installation of wireless internet equipment at the Cottage Avenue Standpipe site in Saint Paul. Sprint PCS and US West currently operate wireless communication systems at the Cottage Avenue Standpipe site. When Metricom recently requested permission to operate a wireless internet system at the site, staff scheduled a neighborhood meeting through District Council No. 2 as was done in 1996, to seek neighborhood opinion on installing an additional carrier on the site. The meeting revealed the neighbarhood in general, and an adjacent property owner in particulaz, were opposed to the concept. Their primary objecrion was the industrial appearance of the existing ground equipment and a humming sound coming from Sprint's ground equipment. Metricom's ground equipment is fairly compact (2 refrigeratar sized cabinets) and relatively noise free, but the neighborhood's dislike of the current situation caused them to initially oppose any additional activity on the site. Following staffls promise to install professionally designed landscape screening of a11 ground equipment which the neighborhood could participate in designing, the District Council approved the Metricom installation and formed a landscape design committee. Following that approval, staff solicited a design bid from Community Design Center of Minnesota to provide a plan incorporating the committee's participation. Community Design Center of Minnesota is a non-profit corporation located in Saint Paul with experience in participatory landscape design. Staff is in the process of executing a conlract with the Center. Following negotiations with Metricom, Inc., staff and the assistant city attorney prepazed the attached 5-year lease which automatically renews for 3 additional 5-year terms and has a starting annual rent of $17,000 with 4% annual rent increases. Also included is a provision to reestablish the rent using market compazison every 5 years, if desired by the Boazd, and a$1,000 contribution towards the landscape project. Because the City of Saint Paul owns the site for the benefit of the Board of Water Commissioners, the City must also be a party to any lease of the site. Boazd of Water Commissioners Resolution No. 4717 approved the Lease Agreement and requested the City of Saint Paul likewise approve it. See attached Lease Agreement. �`l.�-Stfl� SITE LEASE AGREEMENT Between Board of Water Commissioners and Metricom, Inc. Ttus Lease A�eement ("Lease") is entered into this � day of , 2000, between the BOARD OF WATER COMVi IISSIONERS, Saint Pau1, innesota, a municipal corporarion under the laws of the State of Minnesota ("Lessor"), and METRICOM, INC., a Delawaze corporation, with an office at 980 University Avenue, Los Gatos, Califomia, ("Lessee"). In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. Lessor hereby leases to Lessee certain space located at and on the Lessor's Cottage Avene Standpipe site at 2100 East Cottage Avenue, Saint Paul, Minnesota 55119, which is legally described in attached Exhibit "A", Legal Description and Sife Plan. The water storage facility and its appurtenances ("Structure"), and the Lessor's land upon which the Structure is situated aze collectively called "the Property". The property interest leased and granted by the Lessor, ("Leased Premises") aze the following: • Ground space comprised of approximately 120 usable square feet. • Structure exterior space for attachxnent of antennas at �Z_ FAGL • Space required for cable runs to connect equipment and antennas • Non-exclusive easements required to run u6lity lines and cables • A non-exclusive easement across the Property for access No other space or property interests aze being leased to Lessee except as described above and as described on Exhibit "A", Legal Description and Site Plan. 2. Term/Renewals. (a) The term of this Lease shall commence on the date first written above and shall terminate on December 31, 2005. Lessee and Lessor agree to enter into an addendum to this Lease confirming the Commencement Date, as contained in E�ibit "C", Memorandum of Lease Recording. (b) Lessee shall have the right to extend this Lease for three additional five-year terms (each a Renewal Term) subject to (c) below; (c) This Lease shall automafically be renewed for each successive Renewal Term unless Lessee is in default of any of the terms or conditions of this Lease, or unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding renewal term. 3. Rent Rent shall consist of Base Rent and such Additional Rent as may apply. Lessee shall make all payments of Base Rent and Additional Rent to Lessor at the following address: N:\CLERiCAL\SOARDWgreementsU.EASEVNetncom\Cottage_OOM1 Rent (continued) Soard of Water Commissioners 8 4th Street E, Ste. 400 Saint Paul, Minnesota 55101-1007 Lessor's FIN number is # 41-6005521 cx.,-s�� If this Lease is terminated, pursuant to the terms and conditions of this Lease, rent shall be pro-rated to the termination date or the date on which ail of Lessee's equipment is removed from the Leased Premises, whichever is later. Lessee shall pay all rent annually in advance, on the first day of the term of this Lease and annually on or before the first day of each January thereafter, as indicated in the payment schedule below: (a) Base Rent. Lessee shall pay Lessor, as rent, the sum of Seventeen Thousand and No/Dollars ($17,000), ("Annual RenY'), per yeaz based upon Lessee's installafion and operation ofthe antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies, ("Antenna Facilities"), and located within the Leased Prexnises as shown on E�ibit "A", Legal Description and Site Plan. The first year's rent shall be pro-rated to the end of 2000, and shall be paid within thirty (30) days of the commencement date. The entire annual rent due hereunder shall be paid prior to �January first of each succeeding year. Lessee may not install and/or operate any additional antennas or related equipment beyond the antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies and the rivo (2) additional antennas without a provision for additional rent and the prior written consent of Lessor, such consent not to be withheld or delayed without cause. (1) Annual Increase Comxnencing Januazy 1, 2001, the rent shall be increased annually by four percent (4°l0} of the Annual Rent. (2) Re-evaluation at Renewal Term At the commencement of each Renewal Term, the Base Rent will be evaluated and established based on the following criteria: Information regazding the annuaJ rents Lessee pays on at least five (5) similaz types of cell sites shall be collected by Lessee and forwazded to the Lessor no later than 60 days before the expiration date of each five-year term of this Lease. Information regazding the annual rents paid by at least five (5) other companies that have similaz types of Specialized Mobile Radio sites on N:\CLERICAL\BOARD W greementslLEASEUAetricom\Cottage_001 �-_ - _- C�a-S�� Base Rent (continued) municipal water towers shall be collected by the Lessor and forwazded to Lessee no later than 60 days before the expiration date of each five-year term of this Lease. The two (2) highest and two (2) lowest rents from each category shall be discazded. The rema.ining rents from both categories shall be added together and averaged. The Base Rent for the first year of each renewal term shall be either the figure calculated above by (1) Annual Increase, or (2) Re-evaluation at Renewal Term, whichever is greater. In no event shall the annual installment of rent due hereunder followsng such adjushnent or review be less than the amount of such installment in the previous year increased by four percent (4%). (b) Additional Rent. Additional Rent means all amounts, other than Base Rent provided for in paragraph 3(a) above, that Lessee shall be obligated to pay under this paragraph or any other pazagraph of this Lease. Additional Rent sha11 include the following fees, costs and expenses: (1) costs for the repairs, improvements or alterations required to be made by Lessee in Section 6. Maintenance and Repairs; (2) all tases on equipment personally owned by Lessee, general ar special. As a condition of Lessee's obligation to pay any tax, Lessor shall provide Lessee documentation from the taxing authority indicating with reasonable certainty that the tas was direcfly attributable to Lessee's tenancy. Lessee shall have the right to file an assessment appeal, and Lessor shall cooperate in any such appeal as reasonably requested by Lessee, all at Lessee's sole cost and expense•, (3) all public utility rates, dues, and charges o£ any kind for utilities used by Lessee at the Leased Premises; and (4) fees, costs and expenses for property insurance and/or uninsured losses as set forth in Section 13. Insurance. In the event that Lessee does not pay the required Additional Rent, Lessor may, at its option, and after ten (10) days prior written notice to Lessee, make such payments. Upon Lessor's notice to Lessee that it has made these payments, those amounts become due and payable by Lessee within thasty (30) days. (c) Lessee shall pay to Lessor a one time landscape screening fee of One Thousand and No/Dollazs ($1,000). Said fee shall be paid within tlurty (3�) days of the commencement date. 4. Use ofLeased Premises. (a) Lessee may use the Leased Premises for the installation, removal, replacement, modification, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as are identified in E�ibit "B", Antenna Facilities and Frequencies and for the storage of related equipment in accordance with the terms of this N: \CLERICAI\BOARD WgreementsLLEASEVvtetricom\Cottage_001 - - 00 Use of Leased Premises (continued) Lease. This use shall be non-exclusive and Lessor retains the right to lease space to other parties, provided the use of such space does not interfere with Lessee's operarions. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. This Lease is contingent upon Lessee receiving all pertnits, license or approvals from a111ocal, state, or federal land use jurisdictions or agencies (e.g. F.A_A. and F.C.C.) for the intended use of the Leased Premises. Lessee shall obtain all such necessary pemuts, licenses or approvals. Lessor agrees to cooperate with Lessee, at Lessee's expense, in obtauung all such necessary pemuts, licenses or approvals. Lessee shall reimburse Lessor's reasonable expenses for obtaining all licenses, perznits and any and all other necessary approvals that may be required for Lessee's intended use of the Leased Premises. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. (b) The prnnary use and purpose of the Leased Premises is for a water storage structure and appurtenances to provide water service to customers of the Lessor. Lessor's operations in connection with pursuit of this primary use of the Leased Premises ("Operations") take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintain, alter or improve the Property in connection with its Operations. In the event that the use of the Structure for water service is jeopazdized because of Lessee's operations on the Structure, Lessor shall provide written notice of such event to Lessee. Lessor and Lessee agree to work together to cure the occurrence which causes such jeopardy. In the event of severe jeopardy (e.g. an antenna falling into the water Structure), Lessee shall immediately cease operations at that site. Only in the case of severe jeopardy may the Lessor remove Lessee's equipment. This severe jeopazdy would be deemed an emergency situation. In the case of a non-severe jeopardy (e.g. a loose cable that blocks access through a caged ladder), Lessee shall make all good efforts to cure such jeopardy within thiriy (30) days of receipt of written notice of event. If Lessee does not cure such jeopardy within thirty (30) days of xeceipt of written notice of event, said occurrence of jeopazdy shall constitute an event of default as otherwise defined in Section 12. Termination. If circumstances beyond the control ofLessee prohibit the jeopardy from reasonably being cured within thirty (30) days, Lessee shall notify Lessor of such circumstances and commence actions required to cure the jeopazdy (e.g. assessing the problem, ordering necessary equipment) within seven (7) days of Lessor's written notice of jeopardy and shall diligently pursue the cure to completion within a reasonable time thereafter. 5. Installation of Equi�ment and Leasehold Improvements. (a) Lessee shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineering practices, and with all applicable Federal Communications Commission ("FCC") rules and regulations, on the Leased Premises, all necessary equipment, personal property, and facilities which include radio transmitting and receiving antennas and frequencies not to exceed that designated in E�ibit "B", Antenna Facilities and Frequencies. N:�CLERICAL\BOARDWgreements\LEASENAetricom\Cottage_00 4 - . - _ CX� - �b'1 Installation of Equipmeht and Leasehold Itnprovements (continued) {b) Lessee's initial instatlation of all Antenna Facilities and any and all subsequent revisions andfor modifications of the same, shall be subject to prior approval by Lessor. In the case of non- material revisions or modifications, Lessee shall provide oral notification of such plans, and Lessor shall provide oral approval or objection within forry-eight (48) houzs of receipt. Failure to make any oral objection within foriy-eight (48) hours of receipt shall be deemed approval by Lessor. In the case of material revisions or modifications, Lessee shall provide written notice and Lessor shall approve or object to such plans within thirty (30) days of receipt, and failure to make any objection within said thirry (30) day period shall be deemed approval by Lessor. Any damage to the Property, Leased Premises, or any equipment thereon caused by Lessee's installation and operations shall be repaired or replaced at Lessee's expense and to Lessor's reasonable satisfaction. (c) Lessee shall provide Lessor with a site plan consisting of line or CAD drawings and diagrams of the Antenna Facilities and the improvements installed on the Properiy by Lessee, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal properry, frequencies, and Antenna Facilities, and shall be attached hereto as E�ibit "A", Legal Description and Site Plan and E�ibit "B", Antenna Facilities and Frequencies, prior to installation. (d) The manner in which Lessee's Antenna Facilities or improvements are attached to the Structure shall be subject to prior written approval by Lessor. Lessor shall approve or object to the �manner of attachment within ten (10) days of receipt of such plans, and Lessor's failure to make any objections within said ten (10) day period shall be deemed approval by Lessor. (e) Prior to modifying or placing additional transmitter or receiver frequencies on the Leased Premises, Lessee agrees to notify the Lessor at least siaty (60) days before the same aze modified or additional frequencies are added so that the Lessor can perform the necessary interference studies to insure that the modified or additional frequencies will not cause hannful radio interference to Lessor's or its existing tenants' operations. Lessee shall pay the reasonable costs for any such interference studies which will be performed by Lessor's own registered professional communications engineer. In the altemative, Lessee may perform the interference studies and submit the results to the Lessor. However, the Lessor, in its sole discretion, sha11 retain the right provided herein to submit the study results to its own registered professional communications engineer for review at Lessee's expense. 6. Maintenance ¢nd Repairs. (a) Lessee shall, at its own cost and expense, maintain its equipment in good and safe condition and in compliance with applicable fire, health, buildina and other life safety codes, and shall repair any part of the Leased Premises that was damaged by the placement of Lessee's equipment thereon. N:\CLERICAUBOARDWgreements\IEASE\Metricom\Co@age_001 5 _ _ - oo-�.`I Maintenance and Renairs (continued) (b) Lessee shall have sole responsibIlity for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and sha11 keep the same in good repair and condition during the Lease Term. All Antenna Facilities and appurtenances affixed to the Structure shall be painted the same color as the Slructure. (c) Except in emergency situations, Lessor shall provide Lessee with prior written notice of at least thirry (30) days when Lessor paints or repairs its Sixucture. Upon receiving such notice, it shall be the sole responsibility of Lessee to provide adequate measures to cover, protect or remove, at Lessee's discretion, Lessee's equipment, personal properiy and Antenna Facilities, and to protect the same from paint and debris fallout which may occur during the paint restoration process or repairs. In the event that Lessor's painting or repairing of the Structure or the Property causes Lessee's operation of the Antenna Facilities to be interrupted, Lessee may maintain a mobile site on the Properry or, after approval by Lessor, on any land owned or controlled by Lessor in the immediate azea of the Property. Rent shall be abated on a prorated daily basis during such interruptions if the interruption lasts for longer than thirty (30) days. 7. Propert�Access. (a) Lessee shall have access to the Leased Premises and Properry twenty-four (24) hours a day, seven (7) days a week by means of existing access in order to install, remove, repair, modify, operate, and maintain its Antenna Facilities. (b) Lessor is granted unlunited access to examine and inspect the Leased Premises for safety reasons 'and to insure that Lessee's covenants are being met. Lessor shall be liable to and hold hannless Lessee from any damage to the Leased Premises ar to Lessee's equipment and antenna facilities caused by Lessor in exercising its right to examine and inspect the Leased Premises. Lessor shall not have unsupervised access to Lessee's equipment cabinets. (c) Lessee may also, at its own cost and expense, enter upon the Property to study and determine the Property's suitability for any other use of Lessee, which studies may include surveys, radio wave propagation measurements or field strength tests. 8. Utiliries. Lessar makes no representations that utilities adequate for Lessee's use of the Leased Premises aze available. Lessee will pay for a11 utilities used by it at the Leased Premises. Lessor will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. 9. Personal Property and Reat Estate Taxes. If any of Lessee's unprovements constructed on the Leased Premises should cause the Properry, or any portion of it, to be taxed for real estate purposes, it shall be the liability of Lessee to pay that portion of such properiy taxes directly attributable to Lessee's equipment, provided Lessor shall give Lessee priox written notification of sucht�es so that Lessee will have the opporhuiity to appeaz before the taxing authority to contest such ta7ces. Notwithstanding Lessee's right to contest such taYes, Lessee shall pay its share of such taxes within Yhirty (3�) days of receiving notice of the same. N:ICLERICAL�BOARDVIgreementslLEASEVvletricom\Cottage_00� co-�1 I0. Comnliance andStatutes. Regula8ons. andApprovals. Lessee's use ofthe Leased Premises herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals tbat may be required by any federal, state or local authority, including but not limited to an engineering study and a radio frequency interference study. Lessee's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with all state or federal or local or municipal statutes, ordinances, rules or regulations now in effect, oz that hereafter may be issued by the FCC or any other governing bodies, and in accordance with any Leased Premises standards annexed hereto as E�ibit D, Technical Minimum Site Standards. II. Interference. (a) All frequencies proposed for uutial use shallbe evaluatedby Lessor's communications registered professional engineer. Lessee shall pay the reasonable costs of such evaluation. Lessee shall not transmit or receive radio waves at the Property unfil such evaluation has been satisfactorily completed. (b) Lessee's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way withLessor's operations, including Lessor's radio frequency transmission, or repair and maintenance activities. Lessor's operations take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintaan, alter or improve the Properiy in connection with Lessor's Properiy operations as may be necessary. For all substautial improvements or repairs, Lessor agrees to provide Lessee with at least sixry (60) days advance notice of the same and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. For minor repaus or maintenance Lessor agrees to give two (2) days 'advance notice of any such activities to Lessee and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. Nonetheless, if Lessor's use of the Property does cause interference with Lessee's operation, the Lessor shall not be responsible, and, at Lessee's choice, Lessee may terminate this Lease under the notice provisions and conditions as contained elsewhere in this Lease. In the event of an emergency situation which poses an immediate threat of substantial harm ar damage to persons and/or properiy on the Leased Premises, Lessor may enter the Leased Premises and take such actions as are reasonably required to protect individuals or personal property from such immediate Yhreat of substantial harm or damage; provided that promptly after such emergency enhy into the Leased Premises, and in no event later than twenty-four (24) hours after such entry, Lessor gives written notice to Lessee of Lessor's entry onto the Leased Premises. (c) In its use ofthe Leased Premises, Lessee may not interfere with the Operations of Lessor or other parties who were occupants of the Property prior to the commencement date of this Lease, provided that the equipment used by Lessor or other occupanCs is operaring within the technical perimeters specified by its manufacturer and/or as defined by the FCC. In the event of any such interference, Lessee shall take all actions necessary to immediately eliminate such interference in accordance with reasonable technical standazds. In the event Lessee cannot correct the interference, Lessee shall have the option to terminate this Lease without further liability hereunder, upon si�iy (60) days written notice to Lessor. N:ICLERICAL\BOAROWgreementslLEASEWIetricom\Cottage_�Ot � Interference (continued) c`.� -S10 {d) Lessor will not �ant a lease to any other party for use of the Property, if such use would or is likely to interfere with Lessee's operations on the Leased Premises. Any future lease by Lessor ofthe Property to additional parties which permits the installation of communications equipment shall be conditioned upon not interfering with Lessee's use of the Leased Premises, and shall be ternunated if interference occurs and is not corrected within a reasonable time. Notwithstanding the foregoing, Lessee acknowledges that Lessor may lease the Property, or any part of it, to other parties in close proximity to the Leased Premises, and Lessee agrees to work cooperatively with any such other parties, using accepted technical standards in accordance with FCC standards, to ensure that such other parties' use and Lessee's use will be compatible and wi11 not cause interference with each other. Lessor agrees that it will require the same obligation of all such future parties in any lease or agreement with such future parties. Further, Lessee agrees to meet the conditions set forth in B�ibit "D", Technical Minimum Site Standards. (e) Lessor in no way guazantees to Lessee noninterference with Lessee's transmission operations, provided, however, that in the event that any other pariy requests permission to place any type of additional antenna or transmission facility on the Properiy, the procedures of this Section shall govern to determine whether such antenna or transmission facility will interFere with Lessee's transmission operations. `If Lessor receives any such request or proposal from a pariy seeking to lease space on the Properiy, Lessor shall submit the proposal complete with all technical specifications reasonably requested by Lessee to Lessee for review for noninterference. Lessee shall have thirry (30) days following receipt of said pzoposal to make any ob}ections thereto, and failure to make any objecfion with said thiriy (30) day period shall be deemed consent by Lessee, subject to interference provisions of paragraph ll(c) of this Lease, to the installation of antennas or transmission facilities pursuant to said proposal. Lessee shall not be responsible for the expenses incurred in any independent validation of such interference objections. ( fl In the event that Lessee or other tenants on the Property experience interference of their approved frequencies and they cannot reach agreement as to the cause and remedy of such interference, the Lessor's own registered professional communications engineer shall determine such cause and remedy and Lessee shall abide by the engineer's determination. Lessor agrees that it will zequire the same obligation of all such future parties in any lease or ag�eement with such other parties. (g) Without luniting the foregoing or any other remedy. Lessee shall have the right to terminate this Lease upon sixty (60) days written notice in the event its reception or transmission is interfered with by Lessor or its other tenants' equipment, such right to terminate shall become void if Lessor cures such interference within thirty (30) days of receipt of written notice. N:1C�ERICAL\BOARDWgreements\LEASE\MetricomlCOttage_001 8 -_ - �o-se� 12. Termination. Except as otherwise provided herein, this Lease may be terminated by either parry upon sixty (60) days written notice to the other party for the following reasons: (a) by either parry upon a default of any covenant or term hereof by the other pariy, which default is not cured within sixty (60) days of receipt o£ written notice of default to the other parry (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be comple#ed within sixty (60) days, within such reasonable time as may be required provided the defaulting party commences the cure within ten (10) days of receipt of written notice of default and diligendy pursues such crue to completion. (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmental approval necessary £or the construction ancUor operation of the Antenna Facilities or Lessee's business; (c) by Lessee if the Leased Premises is or becomes unusabie under Lessee's design or engineering specifications for its Antenna Facilities, or communications system. (d) by Lessor, if it determines, after review by an independent structural engineer, that the Property is structurally unsound, including but not limited to considezation of age of the siructure, damage or destruction of all or part of the Froperty from any source, or factors relating to condition of the Property; (e) by Lessor if Lessee fails to pay rent provided for in Section 3. Rent within thirty (30) days of receipt of written notice from Lessor of a rent or other payment being overdue. l3. Insurance. a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and all clanns, demands, actions, }udgments, expenses, and liabilities which may arise out of or result from Lessee's use of the Leased Premises. Any applicable policy shall list the Lessor and the City of Saint Paul as additional insured, and shall provide that it will be the prnnary coverage. The insurance coverage must include, at aminimum, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Five Hundred Thousand Dollazs ($1,500,000) per occurrence, subject to Three Million Dollars ($3,000,000) aggregate. Lessee may satisfy this requirement with underlying insurance and/or an umbrella policy. (b) Lessee shall provide Lessor, praor to the Commencement Date and before each Renewal Term of this Lease, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph 13 (a) above. Said certificate shall also provide that the coverage may not be canceled, or non-renewed, or materially changed without thirly {30) days written notice to Lessor. l4. Indemnitv. Lessee agrees to indexnnify, defend, save and hold hannless the Lessor and the City of Saint Paui, and/or any agents, officers or employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of, or by reason of, the Lease of the herein described Leased Premises by the Lessor to Lessee, or arising out of, or by reason of, the use or condition ofthe Leased Premises, or as a result ofLessee's operations or business activities taking N:\CLERI GA�\BOARDWgreements\�EASEVvletricom\Cottage_001 - - � Sb`? Indemnitv (continued) place on the Leased Premises, provided the same is not due to the contributory negligence or willful misconduct of the Lessor, the City of Saint Paul andlor any agents, officers or employees thereof. It is fully understood and aa eed that Lessee is awaze of the conditions of the Leased Premises and leases the same "as is." 15. Dama;e ar Destruction. If the Properiy or any portion thereof is destroyed or damaged so as to hinder its effecrive use, Lessee may elect to terminate this Lease upon fliiriy (30) days written notice to Lessor. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by Lessee, prorated to the date of the event. IS. Notices. All nouces, requests, demands, and other communications hereunder shall be in writing and shali be deemed given when personally delivered or mailed, certified mail, retum receipt requested, to the following addresses: If to Lessor, to: Board of Water Commissioners Attn: Bill Tschida 8 Fourth Street East, Suite 400 Saint Paul, MN 55101-1007 If to Lessee, to: Metricom, Inc. Attn: Network Real Estate 980 University Ave. Los Gates, CA 95032 17. Renresentations and Warranties. (a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, subject to such liens of record; (iii) Lessee shall have quiet enjoyxnent of the Leased Premises during the term of this Lease in accordance with its terms. (b) Lessor represents that it has no knowledge of any substance, chemical or waste on the Property that is identified as hazardous, toxic or dangerous in any appiicable federal, state or local law or regulation as defined in paragraph 17 (c) of this Lease Lessee represents and warrants that its use of the Leased Premises herein will not generate and it will not store or dispose on the Properiy nor transport to or over the Property any hazardous substance, chemical or waste contrary to any law or regulation. Lessee fiirther agrees to hold Lessor harmless from and indexnnify Lessor against any release of any such hazazdous substance, and any damage, loss, expense or liability resulting from the breach of this representation or from the violation of any state or federal law by such release associated with Lessee's use of hazardous substances, including payment of all attorneys' fees, costs and penalties incurred as a result thereof, except for any release caused by the negligence or willfizl misconduct ofLessor, its employees or agents. N:\CLERICAL\BOARDWgreements\LEASE\Metncom\Cottage_001 10 Respresentations and Warranties (continued) d� �.o� (c) "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or to�c material, hazardous or toxic or radioactive substance, or other similaz term by any federal, state or local environmental law, regutation or rule presently in effect or promulgated in the fature, as such laws, regulations or rules may be amended from time to time. Lessor acknowledges Lessee's use of batteries as back-up power and deems them acceptable as long as such batteries aze used in accordance with all applicable laws and good engineering practices. (d) The individuals signing and executing this agreement on behalf of Lessee warrant that they have the requisite corporate power and authority to enter into and perform this agreement on behalf of Lessee. 18. No Liabilitv on Lessor. Except due to Lessor's wiliful misconduct, Lessor shall not be ]iable for any damage to Lessee's equipment or facilities, and Lessor shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown, to Lessee's equipment or facilities. Lessor sba11, however, in its own discretion, take reasonable measures to prevent damage to Lessee's Antenna Facilities. 19. Assignment (a) Lessee may not assign or sublet this Lease without the prior written consent of Lessor, wYuch consent shall not be withheld, conditioned or delayed without reasonable cause. Notwithstanding the provisions of this paragraph, Lessee shall have the right, without Lessor's •consent, to assign this Lease to any financially responsible parent, subsidiary or �liate of Lessee or any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee, as long as assignee assumes the obligations of this Lease. Any approved sublease that is entered into by Lessee shall be subject to all of the provisions of this Lease. (b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Lessor from leasing other space on the Properry to any other person or entity which may be in competition with Lessee, or any other party, subject to the conditions set forth in Section 11. Interference. 20. Successors andAssigns. This Lease shall run with the Properiy. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representarives and assigns. 21. Surrender of Premises. At the expiration of the initial term of this Lease, or any Renewal Term, or any eazlier ternunation of this Lease. Lessee shail quit peacefully and surrender possession of said Leased Premises in as good condition as when it was delivered to Lessee, reasonable wear and tear and casualty loss excepted. Lessee shall remove its equipment, personal properiy, Antennas N:\CLERICAL160ARDWgreementslLEASEVNetricom\Cottage_001 l � _ _ ��b`l Surrender of Premises (continued) Facilities, and leasehold improvements from the Property on or before date of expiration or terminarion, and shall repair any damage to the Properiy caused by such equipment, all at Lessee's own cost and expense. 22. Markin�andLi�htinQRequirements. Lessor acknowledges that it shall be responsible at Lessor's sole cost and expense, for compliance with all building mazking and lighting requirements that the Federal Aviation Adminisiration ("FAA") may require with respect solely to the height of Lessor's Structure. The responsibility, however, is expressly lunited to the requirements that would be required of an elevated water storage facility having no communications equipment installed on it, irrespective of Lessee antennae. Lessor shall indemnify and hold hannless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements for the elevated water storane facility Structure. Further, should the FAA cite Lessee or in the event any clauns are brought against Lessee because the Structure alone is not in compliance as opposed to the water Structure and antennae, then Lessor shall indemnify Lessee for full costs, liabilities, damages and ea-penses, including reasonable attorney's fees. Further, if Lessor does not cure the conditions of noncompliance on the Structure within the tnne frame allowed by the citing agency, Lessee may temunate this Lease immediately without any further liability hereunder upon written notice to Lessor. Lessee aclrnowledges that it shall be responsible at Lessee's sole cost and expense, for compliance with all building marking and lighting requirements that the Federal Aviation Administration {"F'AA") may require with respect to Lessee's antennae. In the event the FAA determines that Lessor's water tank needs to be mazked, lighted or in any way modified due to the existence of Lessee's antennae, Lessee sl�all have the option to mazk and light the tank at its own expense, or to terminate this Lease, pursuant to Section 12. Termination, and remove all its equipment at its own cost without any fitrther liability to either party hereunder upon thirry (30) days written notice to Lessor. Said marking, lighring and modifying shall be subject to prior written approval by Lessor, such approval not to be withheld without cause. Lessor shall approve or object to such plans within thiriy (30) days of receipt, and failure to make any objection within said thirty (30) day period shall be deemed approval by Lessor. 23. RFCom�lianee. Lessor shall cooperate with and pernut Lessee to implement reasonable measures at the transmitting site, including restricting public access and posting signs and markings, in order for Lessee to fulfill its Radio Frequency exposure obligations. Lessor sha11 hold liable far compliance any later Lessee that causes the entire site to exceed FCC Radio Frequency radiation limits. 24. Miscellaneous. (a) Each party agrees to fixrnish to the other, within twenty (20) days after notice of receipt of the request, such truthful estoppel information as the other party may reasonably request. N:\CIERtCAUBOAROWgreements\LEASEVNetricom\Cottage_�Ot 12 Miscellaneous (continued) �-�19� (b) T`his Lease constitutes the enrire agreement and understanding of the parties and supersedes any and all offers, negotiations, or other a�eements of any kind. There aze not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. (c) This Lease shall be construed in accordance with the laws of the State of Minnesota. Any legal action may only be commenced and proceed in the relevant district court in Ramsey County, Saint Paul, Minnesota. (d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remanung terms of this Lease, which shall continue in full force and effect. (e) Upon request by Lessee, Lessor agrees to execute a recordable Memorandum of this Lease. ( fl Any claim, controversy or dispute arising out of this Lease shall be settled by binding arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the awazd rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the state where the property is located. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to awazd punitive damages or other noncompensatory damages. The parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall be either a retired judge or another professional whose expertise includes the subject azea of the dispute. (g) E�ibits "A" through "D" listed below are hereby incorporated into this Lease by reference. E�chibit "A" Exhibit "B" E�ibit "C" E�ibit "D" Legal Description and Site Plan Antenna Facilities and Frequencies Memorandum ofLease Recording Technical Minimum Site Standards END N:\CLERICAL\BOAROWgreements\LEASEUVIetricomlCottage 001 1� oc�-s�, IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year first above written. Lessor: ,...• � BOARD OF WATER CONLNIISSIONERS FIN 41-6005i21 B �,�--,�.` ,( �,c'�`r'� Bernie R. Bu11ert, CTenerai Manager Saint Paul Regional Water Services : 7ames C. Reiter, President Approved as to form: By G,� 5"�G� 6a BY Assistant City Attorney Janet Lindgren, Secretary APPROVED: !:� Its Legal Counsel CITY OF SAINT PAUL: By Mayor By City Clerk By Director, Office of Financial Sezvices Lessee: METRICOM, INC. By ��K �. a� Its ��CE PRESIDENT ORP�RAiE OpS. N. \CLERI CAL\BOARD W greements\LEAS EUAetricomlCottage_001 A�proved As Ta Form F��W L� De�artment By; ✓ °' �� : s ` �.� ' +� ia �--5� I Nletricom Site �: �-0039-B NIetricom Site Name: St. Paul Cotta�e Ave. Standpipe APT �'Iarket: �Iinneapolis �:IE��i1�ii LEGAL DESCRIPITON OF OWNER'S YROPERTY: That part of the Southeast quarter (SE i/a) Section twenty-three (23), Township twenty- nine (29), Range twenty-two {22), coaunencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Registrar of TitIes, in and for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easteriy from the West line of the Northwest quarter (NW '/a) of the Southeast quarter (SE '/a) of Section twenry-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Minnesota; thence Easterly 162 feet; thence Northerly to the South line of Cottage Avenue; thence Westerly to the place of beginning. It being intended, hereby to describe and convey ihose certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i of "Proposed Hillcrest Terrace", as shown on Plat entitled "Exhibit A" attached hereto, as part of hereof. PIN # 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44 54 ".12" Longitude W 93 00' 39" Exhibit "A" �� a� �� C� S� , � �� '� , , + .� s S z � 8 � $� °€� u r� �� R� B�a z� � �� a y q � �B a� 8j �„ �6 R � �� PY �\ �� >F � �� • n 0 � n m m z c m `-, •• . � N O � O ; O e � LJ -1 ➢ z � m r m < b - O Z �� .. €� �F C � . � b Z . � .L O O � �� SecSSon 1- Goezsl Reqoiremen� �_ � �c�-�So` M�sw Co�scSpecs Rcrsion 6A.18 Nw 1999 WIItED ACCFSS POINT SYECIFICATIOtdS: � . �� WAP El ISM WCS Traasmifter Frequency 902-928 ME3z 2300-2350 GHz 2400-24835 GHz Rxdver FYeqnwcy 902-9281�f'rIz � N/A - 2400-2483.5 GHz Anieana configuntion 4 S�con q�.�� 4 Antrnaas/Scctor Z Aatenn� J'rn:� rr! arid Hor¢aaul Spaaieg : $et :"errical ,Spaciu� ,�tYD HoriZOtttal Sa.tion 7F, .�w tt4p3� Coaz, aad SPQ�S =��n 7F; Aa�,i, ('.oa�, Ethcmet Cab3c Iast3ltation. and Elhemei Cahk Instaltaaon, Iarscn Anunm is thc P�� C��i Pm�crs} THD � = Use H",�-t,,,.�,, y, ypace canaot accommodate I.arsen Antcana - tSpxiag u from cmur us asstaj Above subjat to cbange Anteana dimmsions Daal-band Smek-band �� 36S"hz625'wx3S"d 42'hzb_1"wz2.8"d 4ticisar S_� IL� (�3uumin_ 6iac�ar_ I: ::';:isnr. 6S I'c� t; hrackc- i.� I�'' � Ibs.I Atarufaccurer. [,acsen :.trnufacmrr. J�cbe3 �tad�f No —ro 8 c� 26 — g� a 36"fix IOS'wz2S^d �:iTE: 4ECi?EListheUNLl' �\�cig;::: 3.�J Ihs. t�iouncirsbcackct zPPRdVED R�{:S Antenna" . -:r�1 � n ^-�� MDOS�- NO �f.�:�_:�cniccr. itir.chmza. �!� '1 TT �� }`� rS q 2�4s S-�3 a �<)TE: RF En�neering recnmtnends Ris_szhrnan .�.ntennas tn � - be iv;ed on Rooftops_ L:arsen Anrennas io be vsed oa Watcr Tanl;s and Tnr� ars oi,�j,L t}•pes This is for tS��t UtiLY �� (�n 9C0 ME�Iz 6 dBi Z4 Cs�z 15 a'Si 18 aBi Poner onipat zt anieana 9p0 MHy 36 dBm (4Fn 24 GHz 42 60 �m (1000W} �m { 16C� Antrnna sad ndio - anttana cannear zo radio with short - a��a c�eca bo radio wi1� up to mnaecboas coazJ�T 1.fi2�iachcoaz - ra�o connecu � cabmct via - max coaz kagt�t aboat200 fxt Ei�anerlpowe eabk - RF cng�r w�I speeify coax sae and - max cable Iq�h 100 meitz5t328 fxL � k�gth per si� O MeIIican4 m�. CpT�D�Mipy & PROPRETi,VCY Dxvrs�eot . 3 Exhibit "B" sectien 1 - ceaeral xeqasremrnts =� "; � � S�� "_; MssKCautSpea Rcvis+on 6A, I8 Nor 1999 WAP Element js � WCS Indoor Cabinci ji:Ltt Cabinet :�:anine: ibr �:�ncrnnas Configuration' �:'abinzt ('or� ;�ntrnnas Indoor Cabinct _:' :� � : 3 d s ?'_� !i . :'r' .c � i2 d ;:'-' h Dimensions' :.c:_nc G>�� ibs. .. :- C� o�: :� ;nccnnas �: ei�_ht t S'?(t Ih,_ (See uotr 4) . :i C'j ��r � :�ateattas ,� eisiu 2S6i IUs. (See no�o Sl Outdoor Cabinct �U w- �;}' d s�%" h •::'ci__Su 1�Cj Ii (Far 2 ca6inci) COAI1�i1T1hOItS ' a:i_ni� �:.) ��•: S :Fntcnnas ':� cighl:G�01h> �far3 pbintLS1 AC Indoor Potircr .;e i�i�4 �.iii drs�.• i G��tP� �i;\t �!.'$ �v� �;�r,.:-nt� will dnw Requfiremenis _ ?sti \'<1C �I.: :iliYs )i;1� ,(a!20S �'.�C .tnd 2' 2 :l?�Ps �ui �d0 YAC _� CS w� S.antennas wi11 dra�v (,: '. �.iPs \1;t\ :r: 20R � AC. and ^;.-t A a-tPs :�- 3�0 \ :�C ACOutdoorPotiter "t�:�tS�9w�ilI-�ir,ru�ltiA�Ps�;?,:i :�CS�r-; :ntcnaas�r,ilidr,�v Requiremenis ur: ?-i0 VAC ptus j A'�3Ys tor tl:z :' ;._ A�iPs \9,-lX i2�' 2pF \'�(' Se�e,cch=n••rr .:nc! 2"?."' :\l�#Ps:ir� 2d0 VAC piu; - . � s: :��fPz tor me air condoeioner �`C.1' �: 8:�netnnss cc�iU da�v 6= `.\iPs �SAk ;� ?U3 V �C and �-�.4 Amg; i:z 2d0 VAC p3vs 30 ' �_�4Ps Eor the a'v condiriona Etheznei Radia 1 prr SS?�i amenna i_'' a S" x� �seikht 10 fbs. Infu-connectRtquiremenis Prri'm-ecL• Fibzr � i'rzferred: f�ior: Caoice2:+T-llinaiffiberisno� 'hoice?:�'I-i liaesiflibtris �tziiabie. �:o: a�ailabie. : naico =: �iic:o�+•ave t2d �sn7 "nuice 3: ;.ii� c (24' dish') Fber hi� C�binet �- L+ x �G �v c 26� d �� h ti;ti' :c � 26' d Dimeasian * �i i i F: Gbiner �iimeasioni eary ozr cOTF: Cabinrt dimensions ��arv S_c<-`:C�EC t�:r L£CiCt_F� Person�i RF Sign��e.& Rt::: co Secrion '`HeaIth S Sa1e�' Coc :Y et2r to Sec¢on 'Heatth & Persoaat RF Monitan FF Exposure'. �aftty for RF Esposure . 3 r O Mcai�n, fnr� CONFIDFNR.IL g PRL)PRIITARY Doam�u�t � J ...� i HIRSCHMAN A1�FTENN�1: 3_0 ElecLrical � 2.0 Mechanical and Emironmen�al [_-- � �- S�o� � � � ��'�EQ�t Prepaved by . RF Netveork ConsUucSion Ersgineerin9 Date Rsv f iCiFJKt 1 at FEB 06 t tS,dBi �? 2.310 to 2_485 Gl-fz 6 d8i @ 9Q2 to &28 MH2 r — -----' — i . __` I t: � :. � � � t t ��• '."e' [ . �� i .:�Y � t j` � �' ` �� ,. `" r � �i I 1+ . i. _ �� . � :: i- . i!; i : 5- ��} �i� � i ( t �'k =c„�v fIt � 36�5 � �� a ` _ � �5b� . � =� Anfenna Speci�catiort, Larsen P�oduct Duai Band Panef Anfenna Co�sfruetio� SpeeifcaEioas SYandard Rev. 8.0 ' :, . y � _ � i ' =� • � ' i ��: , � �� ':'� ; i �.; : � j�`;_ - i Page 't0 of �ecteon 't � 2000 Mccica� Ina CpTIFIDg,T�iIfAL & FROPRIEI'ARY Docssmrnt � �=-_ c�o k._ Outdoor Ca�inets �r' Construction Specs. Book, REV. 7.0 �r � N1Qtr1COri1 F+9ure 7 �Prepared by Dafe Rev. Cabind Iltustzations 1. ISM, 2. WCS 4 amQ, and RF Network Cansinldion Enginesring 20 Jan �0 � 3 �� g� ar Com�ination tSM�WCS 8 amp See d;U�t� Outdoo- ISM Only � ��.00 � —� Y s;.00 I � �z.0o � / Thermal Electric Cooler utilizes a -48 volt, .5 amp fan. os�ovz000 xoh is:ai Fs� rdooz�oo� �-- �O-So � Lease aed Cabiest l.ayau#lFootprint Construction Speci�ications, SffindaM. � � Metricam "°'�me ° prspared by Dase Rcv. � Rgure f RF Network ConsWetion Erfginoaring 0� Mar OQ 2 OutdoOr ISM C3binEt On Piatfotm � � � , �. i [ - { I ,'' ,� ;' I ;�--1 '-� `' Y . -. �'�� T �,�—"_'_'�'.�" i� � n ;� n �' `�� q �l �f � ,\ II 11 �� J' < ° c„�„t � ��• . � � ' � � r � i -- i t � i `� �2 �^3 �f��. ' �� ' � ..� ri� ' � � � [ � 200Q Metricum, inc. Co�idea�iat & ProD+��Y ��--' 05i01/2000 �LON 15:91 F.iY r�ooa�oo� �� cJo�l ! WCS Outdaor Cabinet Phcta t Construction Spea�caUon Standard � � Metricom voLU�,� �� PnP� bY D� �v. Fig i.i RF Network Corrstruction Engineering 01 Mor �� 1 ISM, WCS OR COM80 � � � �O 2000 Meu�cam, Inc. C�dential & PropriemzY � sb� Ruording Requested by: iVIETRICOM, LYC- 980 Universiry Avenue Los Cratos, CA 95032 When Recorded Mail to: �nucon�, LvC. Attn: Network Real Estate 980 UniversiTy Avenue Los Gatos, CA 95032 (space above this line for Recorder's use only) Memorandum of Lease T HIS MEMORnNDUM OF LEASE is entered into as of , by and between BOARD OF WATER CO�'IlVIISSIONERS, Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, with an office at 8 4'" Street East, Saint Paul, Minnesota 55101, ("Lessor") and METRICOM, INC., a Delaware corporation with an office at 980 University Avenue, Los Gatos, Califomia ("Lessee"). AGAEEMEiYT 1. LEAS� oF PREMISES. For the purpose of installing, operating, and maintaining a communicarion facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, cert�in premises more particulazly described in, and on the terms and condirions more particulazly set forth in, that certain Communicarion Faciliry Lease dated May 16, 2000 (the "Lease") by and between Lessor and Lessee, which terms and conditions aze hereby incorporated by reference. 2. The subj ect property affected by the filing and recording of this Memorandum of Lease is described in Eahibit "A", attached hereto and incorporated herein by reference. EXHIBIT "C" e G� �� IN WYP�rESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above wrirten. Approved Lessor. Board of Watef Cnmmiccioners, a vlinnesota l�tunicipal Corporation B `U�la�h. � �� 5 a� Mar�.hew J. Pfohl Its: Assistant City Attomey By: James C. Reiter Its: President By: 7anet L'mdg�en Its: Secretary CITY OF SAIlVT PALZ � Its: Mayor [name typedJ � Its: City Clerk �name typed) � Its: Director, Offce ofFinancial Services (mm�e rypedJ Men METRICOLvL, IN:, a Delaw corgoration By: DicK L. Aa Its: C�7RP�RATE OPS. �n6�� a�� ACKNOWLEDGEMENTS STATE OF ss. COUNTY OF On ,beforeme, NotaryPublic,personallyappeared Matthew 7. Pfohl, James C. Reiter and 7anet Lindgren, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowled�ed to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf oY which the person acted, executed the instrument. Witness my hand and official seal. Notary Public My commission expires: (SEAL) STATE OF COUNTY OF ss. On , before me, , i�otary Public, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his sla ature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. W itness my hand and official seal. Notary Public (SEAL) My commission expires: � ACI{'iVOWLEDGE�NTS STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Frederick K. Owusu, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowtedged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Joseph M. Reid, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the insirument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: 0o sb`� CALIFOIZNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia } } County of Santa Clara} On May 18, 2000, before me, Anthonv E. Rodri�uez, Notary Public, personally appeared Dick Au , personally known to me to be the person whose name is subscribed to the •Nithin instrument and aclmowledged to me that he executed the same in his authorized capacity and that by lus signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instniment. � _ Artartot�rr�,ROOt�cu�_r ��SS m hand and official seal � � ^ . — C..^;L1tDiss:on� 1i452�=, z Y «� NohuyPVb&G-C4�LfcA[!�-a a � ,/ S �� anf � c3 Clcrsi � y "= y ` y " j m � 3Y']k3i4�M��94{f"-[KX� . ///� _ _ .. _ _ ...�. __ _ ..— �— �� / �. Place Notary Seal Above SignaNre of Public OPTIONAL Though the informafion below is not 2quired by law, it may prove valuable to persons 2lying on the doc�ment and could prevent fraudulent 2moval and reattachment to another document Description of Attached Document TiUe or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity (ies) Claimed by Signer Signer's Name: ❑ Individuai ❑ Corporate Officer ❑ Partner - � Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �-�� l�Ietricom Site �: ��-0039-B l�Ietricom Site tiame: St. Paul Cottage Ave. Standpioe APT l�larket: Viinneapolis t �•�r. r_ LEGAI. DESCRIPTION OF OW�iER'S PROPERTY: That part of the Southeast quarter (SE Y<) Section twenty-three (23), Tow twenry- nine (29), Range twenry-two (22), commencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Regitstrar of Tirles, in aad for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easterly from the West line of the Northwest quarter (NW i/<) of the Southeast quarter (SE '/4) of Section twenty-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Niinnesota; thence Easterly 163 feet; thence Northerly to the South line of Cotta�e Avenue; ttience Westeriy to the place of be�nning. It bein� intended, hereby to describe and convey those certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i o£"Proposed I�illcrest Terrace", as shown on Plat entitled "E�ibit A" artached hereto, as part of hereof pi`iI# 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44° 59',12" Longitude W 93 00' 39" Exhibit "A" 0 o Slo TECHNICAL MININIUM SITE STANDARDS Saint Paul Regional Water Services Water Tower Antenna Site All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuarion to any intemal RF si�als. Desk-top base stations and open racks cannot be used without sQecial approval. Additional shielding kits may be required. 2. At least 60 db of isolarion for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided. A harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maacimum transmitter power allowed into the antenna feed line shall be 110 watts per transmitter. Aigher power levels will be considered on a case-by-case basis. Additional protective devices may be required. 4. Only jacketed copper Heliax cable shall be permitted for transmission lines at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or %z inch Superflex. RG/8 or any other singie shielded cable will not be allowed. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be pernutted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodularion product at the site will not be pernutted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MHZ band: 150 MHZ band: 450 MHZ band: 800/900 MHZ band: Microwave: 50 db at 1 MHZ 50 db at 1.5 MHZ SOdbat2.5MHZ 50 db at 10 MHZ 50 db at 20 MN7. EXHIBIT "D" N:�BISCHIDA�P.NTENNA\TechStand 971 0o Sb1 TECHl�TICAL NIINLMU`!VI SITE STANDARDS - Continued 7. Each cabinet must be identified by the owner's name, address, FCC station license number and the name and telephone number of the responsible service a�ency. 8. Prior to approving any application for antenna space at the site an engineering study will be prepared by the Engineer for the St. Paul Water Utility consisting of at least the following items: a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the azea at time of application. (Study will include 2nd, 3rd and Sth order IM terms, and A+ B- C, three-product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. 9. Plan and specifications to secure equipment to the tower must be submitted to and approved by Saint Paul Regional Water Services prior to installation. -End- N:�BTSCHIDAWNTENNA\TzchStand 971 BOARD OF WATER COMMISSIONERS bo Sb� RESOLUTiON — GEflERAL fORM N, 4717 PRESENTED BY AICaIld pA � Mdy 16 ZQ�� COMMISSIONER Wi�REAS, Metricom, Inc. desires to lease space from the Board of Water Commissioners on its Cot[age Avenue Standpipe site at located at 2100 East Cotta�e Avenue, Saint Paul, Ntinnesota 55119, to install and operate a wireless internet system; and WHEREAS, staff and the assistant ciry attorney have prepazed a Lease A�eement which provides for a five-year lease and which automatically renews for three additional five-year terms, startin� at an annual lease rate of $1"7,000 and increasing each subsequent yeaz; and W�IEREAS, the Lease Agreement is recommended for approval by staff and is approved as to form by the City Attomey's office; now, therefore, be it RESOLVED,thattheLeaseAo eementbetweentheBoardofWaterCouunissionersandMetricom, Inc. is hereby approved substantially in the form submitted, and that the proper officers aze hereby authorized to execute said Lease Agreement on behalf of the Boazd; and, be it FURTHER RESOLVED, that the Honorable Council ofthe City of Saint Paul is hereby requested to approve said Lease Agreement and to authorize the proper o�cers of the City of Saint Paul to execute said Lease Agreement on behalf of the City. Watez Commissioners y�,y Arcand Cardinal Vice President Haselmann President Reiter In favor 4 _ Opposed � Adopted by the Board of Water Commissioners Nays May 16 , x�: 2000 � ,� � �- _I� � • �Counal File # ��,�b`I oR4�iNa� Preser.ted By Referred To Green Sheet : IO2� t R RESOLUTiON C17Y QF, SAINT PAUL, MINNESOTA iz Co¢�i.ttee: Date WHEREAS, the City of Saint Paul does own fee simple tide, "for the benefit of the Board of Water Commissioners," to the water tower site commonly known as the Cottage Avenue Standpipe site, which is located on Cottage Avenue east of Ruth Street in St. Paul; and 5 WHEREAS, Metricom, Inc. desires to lease space at the Cottage Avenue Standpipe site to 6 install and operate a wireless intemet system; and 7 8 WHEREAS, the Board of Water Commissioners did adopt Board Resolution No. 4717 wluch 9 approved a Lease Agreement with Metricom, Ina and requested the Honorable Council of the 10 City of Saint Paul to likewise grant approval; now, therefore, be it 11 12 RESOLVED, That the Lease Agreement between the City of Saint Paul, the Board of Water 13 Commissioners, Saint Paul, Minnesota, and Metricom, Inc. allowing the installation and 14 operation of a wireless internet system at the Cottage Avenue Standpipe site is hereby approved 15 and that the proper officers are hereby authorized ta execute said Lease Agreement on behalf of 16 the City of Saint Paul. Requestcd by Depaztmcnt oE: sY "\ \ �,_ a �,,,�. �pproved by Ma or\ pate�� r �I 2��'3 ir _ ��°G'�� J�Ym�% I Saint Paul Regional Water Servic B ,��,��-��`ll- �'��— �enera Manager Form Approved by Ciry Attorne Br. '�a�•.. �r} .�""� S.3o. b� Approved by ayor for Submission to Council sr ntic ,Sdopted by Council: Date�y a-oo 0 Sdoption Cer�ed by Coundl Secretary � �EPARTMBdT/OFfICFJCOUNCIL St. Paul Regional �NTACT PFR90N 8 PFiO1JE Bernie R. Bullert IUST BE ON COUNCIL AGBJQ4 B Water 2 �� TOTAL # OF SIGNATURE PAGES 1 00 -5� ""1 GREEN SHEET [�0 10 2 2 i 9 mun�ro.�aeirt� a — r.� arvcwacf. �.,.� 1[l. �S 30. `�❑ �,,,� _ �. .,�„�,�.�.. ❑,.�,�,,,a,a_ '�. YVORKR�WifMII� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution approving a.lease agreemen*_ betweea the City of Saint Paul, the Board of Water Commissioners and Metricom, Inc. allowing the installation and operation of a wireless internet system at the Cottage Avenue Standpipe site in Saint Paul. Attachments: 1) Staff report 2) Proposed Resolution PLANNING COMMISSION CIB CAMMITfEE CIVIL SERVICE CAMMISSION Board of Water Co�missioners Has thie P�� ererxaked uMer a conhact for Nis tlepertmeM7 rES nio Has iMs P�J6rtn e.er been a cHy empbyee9 YES NO oaestlue qe�soNfi�m poesees a sla�l mt mm�e�ryG�d M�Y eurteM cilY enwWYee4 VES NO Is Nie peBavfirm a qrpetetl vendoR � YES NO Nain all ves a�nv�eB an s2D2tate sIiEM aM 8lf8Ch W GfEMI sh3et ( Metricom, Inc. desires to lease space on the Board of Water Commissioners' Cottage Avenue Standpipe site to operate a wireless internet system. See,attached staff xeport. Board of Water Commissioners will receive additional revenue. RECEIVED IFAPPROVED None Revenue potential will not be realized. AMOUNT OF TRANSACTION S INPoRMAl10N (IXPWN) � COST/REVENUE BUD6ETED (CIRCLE ONE) ACTNI7Y NtMBER YEE NO �B3B�fC�i �',@;3�?� � � i�4„� _�.._�. 0 o-se STAFF REPORT May 23, 2000 Pertainiug to a Lease Agreement with Metricom, Inc. allowing the installation of wireless internet equipment at the Cottage Avenue Standpipe site in Saint Paul. Sprint PCS and US West currently operate wireless communication systems at the Cottage Avenue Standpipe site. When Metricom recently requested permission to operate a wireless internet system at the site, staff scheduled a neighborhood meeting through District Council No. 2 as was done in 1996, to seek neighborhood opinion on installing an additional carrier on the site. The meeting revealed the neighbarhood in general, and an adjacent property owner in particulaz, were opposed to the concept. Their primary objecrion was the industrial appearance of the existing ground equipment and a humming sound coming from Sprint's ground equipment. Metricom's ground equipment is fairly compact (2 refrigeratar sized cabinets) and relatively noise free, but the neighborhood's dislike of the current situation caused them to initially oppose any additional activity on the site. Following staffls promise to install professionally designed landscape screening of a11 ground equipment which the neighborhood could participate in designing, the District Council approved the Metricom installation and formed a landscape design committee. Following that approval, staff solicited a design bid from Community Design Center of Minnesota to provide a plan incorporating the committee's participation. Community Design Center of Minnesota is a non-profit corporation located in Saint Paul with experience in participatory landscape design. Staff is in the process of executing a conlract with the Center. Following negotiations with Metricom, Inc., staff and the assistant city attorney prepazed the attached 5-year lease which automatically renews for 3 additional 5-year terms and has a starting annual rent of $17,000 with 4% annual rent increases. Also included is a provision to reestablish the rent using market compazison every 5 years, if desired by the Boazd, and a$1,000 contribution towards the landscape project. Because the City of Saint Paul owns the site for the benefit of the Board of Water Commissioners, the City must also be a party to any lease of the site. Boazd of Water Commissioners Resolution No. 4717 approved the Lease Agreement and requested the City of Saint Paul likewise approve it. See attached Lease Agreement. �`l.�-Stfl� SITE LEASE AGREEMENT Between Board of Water Commissioners and Metricom, Inc. Ttus Lease A�eement ("Lease") is entered into this � day of , 2000, between the BOARD OF WATER COMVi IISSIONERS, Saint Pau1, innesota, a municipal corporarion under the laws of the State of Minnesota ("Lessor"), and METRICOM, INC., a Delawaze corporation, with an office at 980 University Avenue, Los Gatos, Califomia, ("Lessee"). In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. Lessor hereby leases to Lessee certain space located at and on the Lessor's Cottage Avene Standpipe site at 2100 East Cottage Avenue, Saint Paul, Minnesota 55119, which is legally described in attached Exhibit "A", Legal Description and Sife Plan. The water storage facility and its appurtenances ("Structure"), and the Lessor's land upon which the Structure is situated aze collectively called "the Property". The property interest leased and granted by the Lessor, ("Leased Premises") aze the following: • Ground space comprised of approximately 120 usable square feet. • Structure exterior space for attachxnent of antennas at �Z_ FAGL • Space required for cable runs to connect equipment and antennas • Non-exclusive easements required to run u6lity lines and cables • A non-exclusive easement across the Property for access No other space or property interests aze being leased to Lessee except as described above and as described on Exhibit "A", Legal Description and Site Plan. 2. Term/Renewals. (a) The term of this Lease shall commence on the date first written above and shall terminate on December 31, 2005. Lessee and Lessor agree to enter into an addendum to this Lease confirming the Commencement Date, as contained in E�ibit "C", Memorandum of Lease Recording. (b) Lessee shall have the right to extend this Lease for three additional five-year terms (each a Renewal Term) subject to (c) below; (c) This Lease shall automafically be renewed for each successive Renewal Term unless Lessee is in default of any of the terms or conditions of this Lease, or unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding renewal term. 3. Rent Rent shall consist of Base Rent and such Additional Rent as may apply. Lessee shall make all payments of Base Rent and Additional Rent to Lessor at the following address: N:\CLERiCAL\SOARDWgreementsU.EASEVNetncom\Cottage_OOM1 Rent (continued) Soard of Water Commissioners 8 4th Street E, Ste. 400 Saint Paul, Minnesota 55101-1007 Lessor's FIN number is # 41-6005521 cx.,-s�� If this Lease is terminated, pursuant to the terms and conditions of this Lease, rent shall be pro-rated to the termination date or the date on which ail of Lessee's equipment is removed from the Leased Premises, whichever is later. Lessee shall pay all rent annually in advance, on the first day of the term of this Lease and annually on or before the first day of each January thereafter, as indicated in the payment schedule below: (a) Base Rent. Lessee shall pay Lessor, as rent, the sum of Seventeen Thousand and No/Dollars ($17,000), ("Annual RenY'), per yeaz based upon Lessee's installafion and operation ofthe antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies, ("Antenna Facilities"), and located within the Leased Prexnises as shown on E�ibit "A", Legal Description and Site Plan. The first year's rent shall be pro-rated to the end of 2000, and shall be paid within thirty (30) days of the commencement date. The entire annual rent due hereunder shall be paid prior to �January first of each succeeding year. Lessee may not install and/or operate any additional antennas or related equipment beyond the antenna facilities and frequencies identified in Exhibit "B", Antenna Facilities and Frequencies and the rivo (2) additional antennas without a provision for additional rent and the prior written consent of Lessor, such consent not to be withheld or delayed without cause. (1) Annual Increase Comxnencing Januazy 1, 2001, the rent shall be increased annually by four percent (4°l0} of the Annual Rent. (2) Re-evaluation at Renewal Term At the commencement of each Renewal Term, the Base Rent will be evaluated and established based on the following criteria: Information regazding the annuaJ rents Lessee pays on at least five (5) similaz types of cell sites shall be collected by Lessee and forwazded to the Lessor no later than 60 days before the expiration date of each five-year term of this Lease. Information regazding the annual rents paid by at least five (5) other companies that have similaz types of Specialized Mobile Radio sites on N:\CLERICAL\BOARD W greementslLEASEUAetricom\Cottage_001 �-_ - _- C�a-S�� Base Rent (continued) municipal water towers shall be collected by the Lessor and forwazded to Lessee no later than 60 days before the expiration date of each five-year term of this Lease. The two (2) highest and two (2) lowest rents from each category shall be discazded. The rema.ining rents from both categories shall be added together and averaged. The Base Rent for the first year of each renewal term shall be either the figure calculated above by (1) Annual Increase, or (2) Re-evaluation at Renewal Term, whichever is greater. In no event shall the annual installment of rent due hereunder followsng such adjushnent or review be less than the amount of such installment in the previous year increased by four percent (4%). (b) Additional Rent. Additional Rent means all amounts, other than Base Rent provided for in paragraph 3(a) above, that Lessee shall be obligated to pay under this paragraph or any other pazagraph of this Lease. Additional Rent sha11 include the following fees, costs and expenses: (1) costs for the repairs, improvements or alterations required to be made by Lessee in Section 6. Maintenance and Repairs; (2) all tases on equipment personally owned by Lessee, general ar special. As a condition of Lessee's obligation to pay any tax, Lessor shall provide Lessee documentation from the taxing authority indicating with reasonable certainty that the tas was direcfly attributable to Lessee's tenancy. Lessee shall have the right to file an assessment appeal, and Lessor shall cooperate in any such appeal as reasonably requested by Lessee, all at Lessee's sole cost and expense•, (3) all public utility rates, dues, and charges o£ any kind for utilities used by Lessee at the Leased Premises; and (4) fees, costs and expenses for property insurance and/or uninsured losses as set forth in Section 13. Insurance. In the event that Lessee does not pay the required Additional Rent, Lessor may, at its option, and after ten (10) days prior written notice to Lessee, make such payments. Upon Lessor's notice to Lessee that it has made these payments, those amounts become due and payable by Lessee within thasty (30) days. (c) Lessee shall pay to Lessor a one time landscape screening fee of One Thousand and No/Dollazs ($1,000). Said fee shall be paid within tlurty (3�) days of the commencement date. 4. Use ofLeased Premises. (a) Lessee may use the Leased Premises for the installation, removal, replacement, modification, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as are identified in E�ibit "B", Antenna Facilities and Frequencies and for the storage of related equipment in accordance with the terms of this N: \CLERICAI\BOARD WgreementsLLEASEVvtetricom\Cottage_001 - - 00 Use of Leased Premises (continued) Lease. This use shall be non-exclusive and Lessor retains the right to lease space to other parties, provided the use of such space does not interfere with Lessee's operarions. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. This Lease is contingent upon Lessee receiving all pertnits, license or approvals from a111ocal, state, or federal land use jurisdictions or agencies (e.g. F.A_A. and F.C.C.) for the intended use of the Leased Premises. Lessee shall obtain all such necessary pemuts, licenses or approvals. Lessor agrees to cooperate with Lessee, at Lessee's expense, in obtauung all such necessary pemuts, licenses or approvals. Lessee shall reimburse Lessor's reasonable expenses for obtaining all licenses, perznits and any and all other necessary approvals that may be required for Lessee's intended use of the Leased Premises. Lessee shall use the Leased Premises in compliance with all federal, state, and local laws and regulations. (b) The prnnary use and purpose of the Leased Premises is for a water storage structure and appurtenances to provide water service to customers of the Lessor. Lessor's operations in connection with pursuit of this primary use of the Leased Premises ("Operations") take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintain, alter or improve the Property in connection with its Operations. In the event that the use of the Structure for water service is jeopazdized because of Lessee's operations on the Structure, Lessor shall provide written notice of such event to Lessee. Lessor and Lessee agree to work together to cure the occurrence which causes such jeopardy. In the event of severe jeopardy (e.g. an antenna falling into the water Structure), Lessee shall immediately cease operations at that site. Only in the case of severe jeopardy may the Lessor remove Lessee's equipment. This severe jeopazdy would be deemed an emergency situation. In the case of a non-severe jeopardy (e.g. a loose cable that blocks access through a caged ladder), Lessee shall make all good efforts to cure such jeopardy within thiriy (30) days of receipt of written notice of event. If Lessee does not cure such jeopardy within thirty (30) days of xeceipt of written notice of event, said occurrence of jeopazdy shall constitute an event of default as otherwise defined in Section 12. Termination. If circumstances beyond the control ofLessee prohibit the jeopardy from reasonably being cured within thirty (30) days, Lessee shall notify Lessor of such circumstances and commence actions required to cure the jeopazdy (e.g. assessing the problem, ordering necessary equipment) within seven (7) days of Lessor's written notice of jeopardy and shall diligently pursue the cure to completion within a reasonable time thereafter. 5. Installation of Equi�ment and Leasehold Improvements. (a) Lessee shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineering practices, and with all applicable Federal Communications Commission ("FCC") rules and regulations, on the Leased Premises, all necessary equipment, personal property, and facilities which include radio transmitting and receiving antennas and frequencies not to exceed that designated in E�ibit "B", Antenna Facilities and Frequencies. N:�CLERICAL\BOARDWgreements\LEASENAetricom\Cottage_00 4 - . - _ CX� - �b'1 Installation of Equipmeht and Leasehold Itnprovements (continued) {b) Lessee's initial instatlation of all Antenna Facilities and any and all subsequent revisions andfor modifications of the same, shall be subject to prior approval by Lessor. In the case of non- material revisions or modifications, Lessee shall provide oral notification of such plans, and Lessor shall provide oral approval or objection within forry-eight (48) houzs of receipt. Failure to make any oral objection within foriy-eight (48) hours of receipt shall be deemed approval by Lessor. In the case of material revisions or modifications, Lessee shall provide written notice and Lessor shall approve or object to such plans within thirty (30) days of receipt, and failure to make any objection within said thirry (30) day period shall be deemed approval by Lessor. Any damage to the Property, Leased Premises, or any equipment thereon caused by Lessee's installation and operations shall be repaired or replaced at Lessee's expense and to Lessor's reasonable satisfaction. (c) Lessee shall provide Lessor with a site plan consisting of line or CAD drawings and diagrams of the Antenna Facilities and the improvements installed on the Properiy by Lessee, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal properry, frequencies, and Antenna Facilities, and shall be attached hereto as E�ibit "A", Legal Description and Site Plan and E�ibit "B", Antenna Facilities and Frequencies, prior to installation. (d) The manner in which Lessee's Antenna Facilities or improvements are attached to the Structure shall be subject to prior written approval by Lessor. Lessor shall approve or object to the �manner of attachment within ten (10) days of receipt of such plans, and Lessor's failure to make any objections within said ten (10) day period shall be deemed approval by Lessor. (e) Prior to modifying or placing additional transmitter or receiver frequencies on the Leased Premises, Lessee agrees to notify the Lessor at least siaty (60) days before the same aze modified or additional frequencies are added so that the Lessor can perform the necessary interference studies to insure that the modified or additional frequencies will not cause hannful radio interference to Lessor's or its existing tenants' operations. Lessee shall pay the reasonable costs for any such interference studies which will be performed by Lessor's own registered professional communications engineer. In the altemative, Lessee may perform the interference studies and submit the results to the Lessor. However, the Lessor, in its sole discretion, sha11 retain the right provided herein to submit the study results to its own registered professional communications engineer for review at Lessee's expense. 6. Maintenance ¢nd Repairs. (a) Lessee shall, at its own cost and expense, maintain its equipment in good and safe condition and in compliance with applicable fire, health, buildina and other life safety codes, and shall repair any part of the Leased Premises that was damaged by the placement of Lessee's equipment thereon. N:\CLERICAUBOARDWgreements\IEASE\Metricom\Co@age_001 5 _ _ - oo-�.`I Maintenance and Renairs (continued) (b) Lessee shall have sole responsibIlity for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and sha11 keep the same in good repair and condition during the Lease Term. All Antenna Facilities and appurtenances affixed to the Structure shall be painted the same color as the Slructure. (c) Except in emergency situations, Lessor shall provide Lessee with prior written notice of at least thirry (30) days when Lessor paints or repairs its Sixucture. Upon receiving such notice, it shall be the sole responsibility of Lessee to provide adequate measures to cover, protect or remove, at Lessee's discretion, Lessee's equipment, personal properiy and Antenna Facilities, and to protect the same from paint and debris fallout which may occur during the paint restoration process or repairs. In the event that Lessor's painting or repairing of the Structure or the Property causes Lessee's operation of the Antenna Facilities to be interrupted, Lessee may maintain a mobile site on the Properry or, after approval by Lessor, on any land owned or controlled by Lessor in the immediate azea of the Property. Rent shall be abated on a prorated daily basis during such interruptions if the interruption lasts for longer than thirty (30) days. 7. Propert�Access. (a) Lessee shall have access to the Leased Premises and Properry twenty-four (24) hours a day, seven (7) days a week by means of existing access in order to install, remove, repair, modify, operate, and maintain its Antenna Facilities. (b) Lessor is granted unlunited access to examine and inspect the Leased Premises for safety reasons 'and to insure that Lessee's covenants are being met. Lessor shall be liable to and hold hannless Lessee from any damage to the Leased Premises ar to Lessee's equipment and antenna facilities caused by Lessor in exercising its right to examine and inspect the Leased Premises. Lessor shall not have unsupervised access to Lessee's equipment cabinets. (c) Lessee may also, at its own cost and expense, enter upon the Property to study and determine the Property's suitability for any other use of Lessee, which studies may include surveys, radio wave propagation measurements or field strength tests. 8. Utiliries. Lessar makes no representations that utilities adequate for Lessee's use of the Leased Premises aze available. Lessee will pay for a11 utilities used by it at the Leased Premises. Lessor will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. 9. Personal Property and Reat Estate Taxes. If any of Lessee's unprovements constructed on the Leased Premises should cause the Properry, or any portion of it, to be taxed for real estate purposes, it shall be the liability of Lessee to pay that portion of such properiy taxes directly attributable to Lessee's equipment, provided Lessor shall give Lessee priox written notification of sucht�es so that Lessee will have the opporhuiity to appeaz before the taxing authority to contest such ta7ces. Notwithstanding Lessee's right to contest such taYes, Lessee shall pay its share of such taxes within Yhirty (3�) days of receiving notice of the same. N:ICLERICAL�BOARDVIgreementslLEASEVvletricom\Cottage_00� co-�1 I0. Comnliance andStatutes. Regula8ons. andApprovals. Lessee's use ofthe Leased Premises herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals tbat may be required by any federal, state or local authority, including but not limited to an engineering study and a radio frequency interference study. Lessee's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with all state or federal or local or municipal statutes, ordinances, rules or regulations now in effect, oz that hereafter may be issued by the FCC or any other governing bodies, and in accordance with any Leased Premises standards annexed hereto as E�ibit D, Technical Minimum Site Standards. II. Interference. (a) All frequencies proposed for uutial use shallbe evaluatedby Lessor's communications registered professional engineer. Lessee shall pay the reasonable costs of such evaluation. Lessee shall not transmit or receive radio waves at the Property unfil such evaluation has been satisfactorily completed. (b) Lessee's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way withLessor's operations, including Lessor's radio frequency transmission, or repair and maintenance activities. Lessor's operations take priority over Lessee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discretion, to repair, maintaan, alter or improve the Properiy in connection with Lessor's Properiy operations as may be necessary. For all substautial improvements or repairs, Lessor agrees to provide Lessee with at least sixry (60) days advance notice of the same and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. For minor repaus or maintenance Lessor agrees to give two (2) days 'advance notice of any such activities to Lessee and to reasonably cooperate with Lessee to carry out such activities with a minimum amount of interference to Lessee's transmission operations. Nonetheless, if Lessor's use of the Property does cause interference with Lessee's operation, the Lessor shall not be responsible, and, at Lessee's choice, Lessee may terminate this Lease under the notice provisions and conditions as contained elsewhere in this Lease. In the event of an emergency situation which poses an immediate threat of substantial harm ar damage to persons and/or properiy on the Leased Premises, Lessor may enter the Leased Premises and take such actions as are reasonably required to protect individuals or personal property from such immediate Yhreat of substantial harm or damage; provided that promptly after such emergency enhy into the Leased Premises, and in no event later than twenty-four (24) hours after such entry, Lessor gives written notice to Lessee of Lessor's entry onto the Leased Premises. (c) In its use ofthe Leased Premises, Lessee may not interfere with the Operations of Lessor or other parties who were occupants of the Property prior to the commencement date of this Lease, provided that the equipment used by Lessor or other occupanCs is operaring within the technical perimeters specified by its manufacturer and/or as defined by the FCC. In the event of any such interference, Lessee shall take all actions necessary to immediately eliminate such interference in accordance with reasonable technical standazds. In the event Lessee cannot correct the interference, Lessee shall have the option to terminate this Lease without further liability hereunder, upon si�iy (60) days written notice to Lessor. N:ICLERICAL\BOAROWgreementslLEASEWIetricom\Cottage_�Ot � Interference (continued) c`.� -S10 {d) Lessor will not �ant a lease to any other party for use of the Property, if such use would or is likely to interfere with Lessee's operations on the Leased Premises. Any future lease by Lessor ofthe Property to additional parties which permits the installation of communications equipment shall be conditioned upon not interfering with Lessee's use of the Leased Premises, and shall be ternunated if interference occurs and is not corrected within a reasonable time. Notwithstanding the foregoing, Lessee acknowledges that Lessor may lease the Property, or any part of it, to other parties in close proximity to the Leased Premises, and Lessee agrees to work cooperatively with any such other parties, using accepted technical standards in accordance with FCC standards, to ensure that such other parties' use and Lessee's use will be compatible and wi11 not cause interference with each other. Lessor agrees that it will require the same obligation of all such future parties in any lease or agreement with such future parties. Further, Lessee agrees to meet the conditions set forth in B�ibit "D", Technical Minimum Site Standards. (e) Lessor in no way guazantees to Lessee noninterference with Lessee's transmission operations, provided, however, that in the event that any other pariy requests permission to place any type of additional antenna or transmission facility on the Properiy, the procedures of this Section shall govern to determine whether such antenna or transmission facility will interFere with Lessee's transmission operations. `If Lessor receives any such request or proposal from a pariy seeking to lease space on the Properiy, Lessor shall submit the proposal complete with all technical specifications reasonably requested by Lessee to Lessee for review for noninterference. Lessee shall have thirry (30) days following receipt of said pzoposal to make any ob}ections thereto, and failure to make any objecfion with said thiriy (30) day period shall be deemed consent by Lessee, subject to interference provisions of paragraph ll(c) of this Lease, to the installation of antennas or transmission facilities pursuant to said proposal. Lessee shall not be responsible for the expenses incurred in any independent validation of such interference objections. ( fl In the event that Lessee or other tenants on the Property experience interference of their approved frequencies and they cannot reach agreement as to the cause and remedy of such interference, the Lessor's own registered professional communications engineer shall determine such cause and remedy and Lessee shall abide by the engineer's determination. Lessor agrees that it will zequire the same obligation of all such future parties in any lease or ag�eement with such other parties. (g) Without luniting the foregoing or any other remedy. Lessee shall have the right to terminate this Lease upon sixty (60) days written notice in the event its reception or transmission is interfered with by Lessor or its other tenants' equipment, such right to terminate shall become void if Lessor cures such interference within thirty (30) days of receipt of written notice. N:1C�ERICAL\BOARDWgreements\LEASE\MetricomlCOttage_001 8 -_ - �o-se� 12. Termination. Except as otherwise provided herein, this Lease may be terminated by either parry upon sixty (60) days written notice to the other party for the following reasons: (a) by either parry upon a default of any covenant or term hereof by the other pariy, which default is not cured within sixty (60) days of receipt o£ written notice of default to the other parry (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be comple#ed within sixty (60) days, within such reasonable time as may be required provided the defaulting party commences the cure within ten (10) days of receipt of written notice of default and diligendy pursues such crue to completion. (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmental approval necessary £or the construction ancUor operation of the Antenna Facilities or Lessee's business; (c) by Lessee if the Leased Premises is or becomes unusabie under Lessee's design or engineering specifications for its Antenna Facilities, or communications system. (d) by Lessor, if it determines, after review by an independent structural engineer, that the Property is structurally unsound, including but not limited to considezation of age of the siructure, damage or destruction of all or part of the Froperty from any source, or factors relating to condition of the Property; (e) by Lessor if Lessee fails to pay rent provided for in Section 3. Rent within thirty (30) days of receipt of written notice from Lessor of a rent or other payment being overdue. l3. Insurance. a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and all clanns, demands, actions, }udgments, expenses, and liabilities which may arise out of or result from Lessee's use of the Leased Premises. Any applicable policy shall list the Lessor and the City of Saint Paul as additional insured, and shall provide that it will be the prnnary coverage. The insurance coverage must include, at aminimum, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Five Hundred Thousand Dollazs ($1,500,000) per occurrence, subject to Three Million Dollars ($3,000,000) aggregate. Lessee may satisfy this requirement with underlying insurance and/or an umbrella policy. (b) Lessee shall provide Lessor, praor to the Commencement Date and before each Renewal Term of this Lease, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph 13 (a) above. Said certificate shall also provide that the coverage may not be canceled, or non-renewed, or materially changed without thirly {30) days written notice to Lessor. l4. Indemnitv. Lessee agrees to indexnnify, defend, save and hold hannless the Lessor and the City of Saint Paui, and/or any agents, officers or employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of, or by reason of, the Lease of the herein described Leased Premises by the Lessor to Lessee, or arising out of, or by reason of, the use or condition ofthe Leased Premises, or as a result ofLessee's operations or business activities taking N:\CLERI GA�\BOARDWgreements\�EASEVvletricom\Cottage_001 - - � Sb`? Indemnitv (continued) place on the Leased Premises, provided the same is not due to the contributory negligence or willful misconduct of the Lessor, the City of Saint Paul andlor any agents, officers or employees thereof. It is fully understood and aa eed that Lessee is awaze of the conditions of the Leased Premises and leases the same "as is." 15. Dama;e ar Destruction. If the Properiy or any portion thereof is destroyed or damaged so as to hinder its effecrive use, Lessee may elect to terminate this Lease upon fliiriy (30) days written notice to Lessor. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by Lessee, prorated to the date of the event. IS. Notices. All nouces, requests, demands, and other communications hereunder shall be in writing and shali be deemed given when personally delivered or mailed, certified mail, retum receipt requested, to the following addresses: If to Lessor, to: Board of Water Commissioners Attn: Bill Tschida 8 Fourth Street East, Suite 400 Saint Paul, MN 55101-1007 If to Lessee, to: Metricom, Inc. Attn: Network Real Estate 980 University Ave. Los Gates, CA 95032 17. Renresentations and Warranties. (a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, subject to such liens of record; (iii) Lessee shall have quiet enjoyxnent of the Leased Premises during the term of this Lease in accordance with its terms. (b) Lessor represents that it has no knowledge of any substance, chemical or waste on the Property that is identified as hazardous, toxic or dangerous in any appiicable federal, state or local law or regulation as defined in paragraph 17 (c) of this Lease Lessee represents and warrants that its use of the Leased Premises herein will not generate and it will not store or dispose on the Properiy nor transport to or over the Property any hazardous substance, chemical or waste contrary to any law or regulation. Lessee fiirther agrees to hold Lessor harmless from and indexnnify Lessor against any release of any such hazazdous substance, and any damage, loss, expense or liability resulting from the breach of this representation or from the violation of any state or federal law by such release associated with Lessee's use of hazardous substances, including payment of all attorneys' fees, costs and penalties incurred as a result thereof, except for any release caused by the negligence or willfizl misconduct ofLessor, its employees or agents. N:\CLERICAL\BOARDWgreements\LEASE\Metncom\Cottage_001 10 Respresentations and Warranties (continued) d� �.o� (c) "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or to�c material, hazardous or toxic or radioactive substance, or other similaz term by any federal, state or local environmental law, regutation or rule presently in effect or promulgated in the fature, as such laws, regulations or rules may be amended from time to time. Lessor acknowledges Lessee's use of batteries as back-up power and deems them acceptable as long as such batteries aze used in accordance with all applicable laws and good engineering practices. (d) The individuals signing and executing this agreement on behalf of Lessee warrant that they have the requisite corporate power and authority to enter into and perform this agreement on behalf of Lessee. 18. No Liabilitv on Lessor. Except due to Lessor's wiliful misconduct, Lessor shall not be ]iable for any damage to Lessee's equipment or facilities, and Lessor shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown, to Lessee's equipment or facilities. Lessor sba11, however, in its own discretion, take reasonable measures to prevent damage to Lessee's Antenna Facilities. 19. Assignment (a) Lessee may not assign or sublet this Lease without the prior written consent of Lessor, wYuch consent shall not be withheld, conditioned or delayed without reasonable cause. Notwithstanding the provisions of this paragraph, Lessee shall have the right, without Lessor's •consent, to assign this Lease to any financially responsible parent, subsidiary or �liate of Lessee or any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee, as long as assignee assumes the obligations of this Lease. Any approved sublease that is entered into by Lessee shall be subject to all of the provisions of this Lease. (b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Lessor from leasing other space on the Properry to any other person or entity which may be in competition with Lessee, or any other party, subject to the conditions set forth in Section 11. Interference. 20. Successors andAssigns. This Lease shall run with the Properiy. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representarives and assigns. 21. Surrender of Premises. At the expiration of the initial term of this Lease, or any Renewal Term, or any eazlier ternunation of this Lease. Lessee shail quit peacefully and surrender possession of said Leased Premises in as good condition as when it was delivered to Lessee, reasonable wear and tear and casualty loss excepted. Lessee shall remove its equipment, personal properiy, Antennas N:\CLERICAL160ARDWgreementslLEASEVNetricom\Cottage_001 l � _ _ ��b`l Surrender of Premises (continued) Facilities, and leasehold improvements from the Property on or before date of expiration or terminarion, and shall repair any damage to the Properiy caused by such equipment, all at Lessee's own cost and expense. 22. Markin�andLi�htinQRequirements. Lessor acknowledges that it shall be responsible at Lessor's sole cost and expense, for compliance with all building mazking and lighting requirements that the Federal Aviation Adminisiration ("FAA") may require with respect solely to the height of Lessor's Structure. The responsibility, however, is expressly lunited to the requirements that would be required of an elevated water storage facility having no communications equipment installed on it, irrespective of Lessee antennae. Lessor shall indemnify and hold hannless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements for the elevated water storane facility Structure. Further, should the FAA cite Lessee or in the event any clauns are brought against Lessee because the Structure alone is not in compliance as opposed to the water Structure and antennae, then Lessor shall indemnify Lessee for full costs, liabilities, damages and ea-penses, including reasonable attorney's fees. Further, if Lessor does not cure the conditions of noncompliance on the Structure within the tnne frame allowed by the citing agency, Lessee may temunate this Lease immediately without any further liability hereunder upon written notice to Lessor. Lessee aclrnowledges that it shall be responsible at Lessee's sole cost and expense, for compliance with all building marking and lighting requirements that the Federal Aviation Administration {"F'AA") may require with respect to Lessee's antennae. In the event the FAA determines that Lessor's water tank needs to be mazked, lighted or in any way modified due to the existence of Lessee's antennae, Lessee sl�all have the option to mazk and light the tank at its own expense, or to terminate this Lease, pursuant to Section 12. Termination, and remove all its equipment at its own cost without any fitrther liability to either party hereunder upon thirry (30) days written notice to Lessor. Said marking, lighring and modifying shall be subject to prior written approval by Lessor, such approval not to be withheld without cause. Lessor shall approve or object to such plans within thiriy (30) days of receipt, and failure to make any objection within said thirty (30) day period shall be deemed approval by Lessor. 23. RFCom�lianee. Lessor shall cooperate with and pernut Lessee to implement reasonable measures at the transmitting site, including restricting public access and posting signs and markings, in order for Lessee to fulfill its Radio Frequency exposure obligations. Lessor sha11 hold liable far compliance any later Lessee that causes the entire site to exceed FCC Radio Frequency radiation limits. 24. Miscellaneous. (a) Each party agrees to fixrnish to the other, within twenty (20) days after notice of receipt of the request, such truthful estoppel information as the other party may reasonably request. N:\CIERtCAUBOAROWgreements\LEASEVNetricom\Cottage_�Ot 12 Miscellaneous (continued) �-�19� (b) T`his Lease constitutes the enrire agreement and understanding of the parties and supersedes any and all offers, negotiations, or other a�eements of any kind. There aze not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. (c) This Lease shall be construed in accordance with the laws of the State of Minnesota. Any legal action may only be commenced and proceed in the relevant district court in Ramsey County, Saint Paul, Minnesota. (d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remanung terms of this Lease, which shall continue in full force and effect. (e) Upon request by Lessee, Lessor agrees to execute a recordable Memorandum of this Lease. ( fl Any claim, controversy or dispute arising out of this Lease shall be settled by binding arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the awazd rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the state where the property is located. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to awazd punitive damages or other noncompensatory damages. The parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall be either a retired judge or another professional whose expertise includes the subject azea of the dispute. (g) E�ibits "A" through "D" listed below are hereby incorporated into this Lease by reference. E�chibit "A" Exhibit "B" E�ibit "C" E�ibit "D" Legal Description and Site Plan Antenna Facilities and Frequencies Memorandum ofLease Recording Technical Minimum Site Standards END N:\CLERICAL\BOAROWgreements\LEASEUVIetricomlCottage 001 1� oc�-s�, IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year first above written. Lessor: ,...• � BOARD OF WATER CONLNIISSIONERS FIN 41-6005i21 B �,�--,�.` ,( �,c'�`r'� Bernie R. Bu11ert, CTenerai Manager Saint Paul Regional Water Services : 7ames C. Reiter, President Approved as to form: By G,� 5"�G� 6a BY Assistant City Attorney Janet Lindgren, Secretary APPROVED: !:� Its Legal Counsel CITY OF SAINT PAUL: By Mayor By City Clerk By Director, Office of Financial Sezvices Lessee: METRICOM, INC. By ��K �. a� Its ��CE PRESIDENT ORP�RAiE OpS. N. \CLERI CAL\BOARD W greements\LEAS EUAetricomlCottage_001 A�proved As Ta Form F��W L� De�artment By; ✓ °' �� : s ` �.� ' +� ia �--5� I Nletricom Site �: �-0039-B NIetricom Site Name: St. Paul Cotta�e Ave. Standpipe APT �'Iarket: �Iinneapolis �:IE��i1�ii LEGAL DESCRIPITON OF OWNER'S YROPERTY: That part of the Southeast quarter (SE i/a) Section twenty-three (23), Township twenty- nine (29), Range twenty-two {22), coaunencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Registrar of TitIes, in and for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easteriy from the West line of the Northwest quarter (NW '/a) of the Southeast quarter (SE '/a) of Section twenry-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Minnesota; thence Easterly 162 feet; thence Northerly to the South line of Cottage Avenue; thence Westerly to the place of beginning. It being intended, hereby to describe and convey ihose certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i of "Proposed Hillcrest Terrace", as shown on Plat entitled "Exhibit A" attached hereto, as part of hereof. PIN # 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44 54 ".12" Longitude W 93 00' 39" Exhibit "A" �� a� �� C� S� , � �� '� , , + .� s S z � 8 � $� °€� u r� �� R� B�a z� � �� a y q � �B a� 8j �„ �6 R � �� PY �\ �� >F � �� • n 0 � n m m z c m `-, •• . � N O � O ; O e � LJ -1 ➢ z � m r m < b - O Z �� .. €� �F C � . � b Z . � .L O O � �� SecSSon 1- Goezsl Reqoiremen� �_ � �c�-�So` M�sw Co�scSpecs Rcrsion 6A.18 Nw 1999 WIItED ACCFSS POINT SYECIFICATIOtdS: � . �� WAP El ISM WCS Traasmifter Frequency 902-928 ME3z 2300-2350 GHz 2400-24835 GHz Rxdver FYeqnwcy 902-9281�f'rIz � N/A - 2400-2483.5 GHz Anieana configuntion 4 S�con q�.�� 4 Antrnaas/Scctor Z Aatenn� J'rn:� rr! arid Hor¢aaul Spaaieg : $et :"errical ,Spaciu� ,�tYD HoriZOtttal Sa.tion 7F, .�w tt4p3� Coaz, aad SPQ�S =��n 7F; Aa�,i, ('.oa�, Ethcmet Cab3c Iast3ltation. and Elhemei Cahk Instaltaaon, Iarscn Anunm is thc P�� C��i Pm�crs} THD � = Use H",�-t,,,.�,, y, ypace canaot accommodate I.arsen Antcana - tSpxiag u from cmur us asstaj Above subjat to cbange Anteana dimmsions Daal-band Smek-band �� 36S"hz625'wx3S"d 42'hzb_1"wz2.8"d 4ticisar S_� IL� (�3uumin_ 6iac�ar_ I: ::';:isnr. 6S I'c� t; hrackc- i.� I�'' � Ibs.I Atarufaccurer. [,acsen :.trnufacmrr. J�cbe3 �tad�f No —ro 8 c� 26 — g� a 36"fix IOS'wz2S^d �:iTE: 4ECi?EListheUNLl' �\�cig;::: 3.�J Ihs. t�iouncirsbcackct zPPRdVED R�{:S Antenna" . -:r�1 � n ^-�� MDOS�- NO �f.�:�_:�cniccr. itir.chmza. �!� '1 TT �� }`� rS q 2�4s S-�3 a �<)TE: RF En�neering recnmtnends Ris_szhrnan .�.ntennas tn � - be iv;ed on Rooftops_ L:arsen Anrennas io be vsed oa Watcr Tanl;s and Tnr� ars oi,�j,L t}•pes This is for tS��t UtiLY �� (�n 9C0 ME�Iz 6 dBi Z4 Cs�z 15 a'Si 18 aBi Poner onipat zt anieana 9p0 MHy 36 dBm (4Fn 24 GHz 42 60 �m (1000W} �m { 16C� Antrnna sad ndio - anttana cannear zo radio with short - a��a c�eca bo radio wi1� up to mnaecboas coazJ�T 1.fi2�iachcoaz - ra�o connecu � cabmct via - max coaz kagt�t aboat200 fxt Ei�anerlpowe eabk - RF cng�r w�I speeify coax sae and - max cable Iq�h 100 meitz5t328 fxL � k�gth per si� O MeIIican4 m�. CpT�D�Mipy & PROPRETi,VCY Dxvrs�eot . 3 Exhibit "B" sectien 1 - ceaeral xeqasremrnts =� "; � � S�� "_; MssKCautSpea Rcvis+on 6A, I8 Nor 1999 WAP Element js � WCS Indoor Cabinci ji:Ltt Cabinet :�:anine: ibr �:�ncrnnas Configuration' �:'abinzt ('or� ;�ntrnnas Indoor Cabinct _:' :� � : 3 d s ?'_� !i . :'r' .c � i2 d ;:'-' h Dimensions' :.c:_nc G>�� ibs. .. :- C� o�: :� ;nccnnas �: ei�_ht t S'?(t Ih,_ (See uotr 4) . :i C'j ��r � :�ateattas ,� eisiu 2S6i IUs. (See no�o Sl Outdoor Cabinct �U w- �;}' d s�%" h •::'ci__Su 1�Cj Ii (Far 2 ca6inci) COAI1�i1T1hOItS ' a:i_ni� �:.) ��•: S :Fntcnnas ':� cighl:G�01h> �far3 pbintLS1 AC Indoor Potircr .;e i�i�4 �.iii drs�.• i G��tP� �i;\t �!.'$ �v� �;�r,.:-nt� will dnw Requfiremenis _ ?sti \'<1C �I.: :iliYs )i;1� ,(a!20S �'.�C .tnd 2' 2 :l?�Ps �ui �d0 YAC _� CS w� S.antennas wi11 dra�v (,: '. �.iPs \1;t\ :r: 20R � AC. and ^;.-t A a-tPs :�- 3�0 \ :�C ACOutdoorPotiter "t�:�tS�9w�ilI-�ir,ru�ltiA�Ps�;?,:i :�CS�r-; :ntcnaas�r,ilidr,�v Requiremenis ur: ?-i0 VAC ptus j A'�3Ys tor tl:z :' ;._ A�iPs \9,-lX i2�' 2pF \'�(' Se�e,cch=n••rr .:nc! 2"?."' :\l�#Ps:ir� 2d0 VAC piu; - . � s: :��fPz tor me air condoeioner �`C.1' �: 8:�netnnss cc�iU da�v 6= `.\iPs �SAk ;� ?U3 V �C and �-�.4 Amg; i:z 2d0 VAC p3vs 30 ' �_�4Ps Eor the a'v condiriona Etheznei Radia 1 prr SS?�i amenna i_'' a S" x� �seikht 10 fbs. Infu-connectRtquiremenis Prri'm-ecL• Fibzr � i'rzferred: f�ior: Caoice2:+T-llinaiffiberisno� 'hoice?:�'I-i liaesiflibtris �tziiabie. �:o: a�ailabie. : naico =: �iic:o�+•ave t2d �sn7 "nuice 3: ;.ii� c (24' dish') Fber hi� C�binet �- L+ x �G �v c 26� d �� h ti;ti' :c � 26' d Dimeasian * �i i i F: Gbiner �iimeasioni eary ozr cOTF: Cabinrt dimensions ��arv S_c<-`:C�EC t�:r L£CiCt_F� Person�i RF Sign��e.& Rt::: co Secrion '`HeaIth S Sa1e�' Coc :Y et2r to Sec¢on 'Heatth & Persoaat RF Monitan FF Exposure'. �aftty for RF Esposure . 3 r O Mcai�n, fnr� CONFIDFNR.IL g PRL)PRIITARY Doam�u�t � J ...� i HIRSCHMAN A1�FTENN�1: 3_0 ElecLrical � 2.0 Mechanical and Emironmen�al [_-- � �- S�o� � � � ��'�EQ�t Prepaved by . RF Netveork ConsUucSion Ersgineerin9 Date Rsv f iCiFJKt 1 at FEB 06 t tS,dBi �? 2.310 to 2_485 Gl-fz 6 d8i @ 9Q2 to &28 MH2 r — -----' — i . __` I t: � :. � � � t t ��• '."e' [ . �� i .:�Y � t j` � �' ` �� ,. `" r � �i I 1+ . i. _ �� . � :: i- . i!; i : 5- ��} �i� � i ( t �'k =c„�v fIt � 36�5 � �� a ` _ � �5b� . � =� Anfenna Speci�catiort, Larsen P�oduct Duai Band Panef Anfenna Co�sfruetio� SpeeifcaEioas SYandard Rev. 8.0 ' :, . y � _ � i ' =� • � ' i ��: , � �� ':'� ; i �.; : � j�`;_ - i Page 't0 of �ecteon 't � 2000 Mccica� Ina CpTIFIDg,T�iIfAL & FROPRIEI'ARY Docssmrnt � �=-_ c�o k._ Outdoor Ca�inets �r' Construction Specs. Book, REV. 7.0 �r � N1Qtr1COri1 F+9ure 7 �Prepared by Dafe Rev. Cabind Iltustzations 1. ISM, 2. WCS 4 amQ, and RF Network Cansinldion Enginesring 20 Jan �0 � 3 �� g� ar Com�ination tSM�WCS 8 amp See d;U�t� Outdoo- ISM Only � ��.00 � —� Y s;.00 I � �z.0o � / Thermal Electric Cooler utilizes a -48 volt, .5 amp fan. os�ovz000 xoh is:ai Fs� rdooz�oo� �-- �O-So � Lease aed Cabiest l.ayau#lFootprint Construction Speci�ications, SffindaM. � � Metricam "°'�me ° prspared by Dase Rcv. � Rgure f RF Network ConsWetion Erfginoaring 0� Mar OQ 2 OutdoOr ISM C3binEt On Piatfotm � � � , �. i [ - { I ,'' ,� ;' I ;�--1 '-� `' Y . -. �'�� T �,�—"_'_'�'.�" i� � n ;� n �' `�� q �l �f � ,\ II 11 �� J' < ° c„�„t � ��• . � � ' � � r � i -- i t � i `� �2 �^3 �f��. ' �� ' � ..� ri� ' � � � [ � 200Q Metricum, inc. Co�idea�iat & ProD+��Y ��--' 05i01/2000 �LON 15:91 F.iY r�ooa�oo� �� cJo�l ! WCS Outdaor Cabinet Phcta t Construction Spea�caUon Standard � � Metricom voLU�,� �� PnP� bY D� �v. Fig i.i RF Network Corrstruction Engineering 01 Mor �� 1 ISM, WCS OR COM80 � � � �O 2000 Meu�cam, Inc. C�dential & PropriemzY � sb� Ruording Requested by: iVIETRICOM, LYC- 980 Universiry Avenue Los Cratos, CA 95032 When Recorded Mail to: �nucon�, LvC. Attn: Network Real Estate 980 UniversiTy Avenue Los Gatos, CA 95032 (space above this line for Recorder's use only) Memorandum of Lease T HIS MEMORnNDUM OF LEASE is entered into as of , by and between BOARD OF WATER CO�'IlVIISSIONERS, Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, with an office at 8 4'" Street East, Saint Paul, Minnesota 55101, ("Lessor") and METRICOM, INC., a Delaware corporation with an office at 980 University Avenue, Los Gatos, Califomia ("Lessee"). AGAEEMEiYT 1. LEAS� oF PREMISES. For the purpose of installing, operating, and maintaining a communicarion facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, cert�in premises more particulazly described in, and on the terms and condirions more particulazly set forth in, that certain Communicarion Faciliry Lease dated May 16, 2000 (the "Lease") by and between Lessor and Lessee, which terms and conditions aze hereby incorporated by reference. 2. The subj ect property affected by the filing and recording of this Memorandum of Lease is described in Eahibit "A", attached hereto and incorporated herein by reference. EXHIBIT "C" e G� �� IN WYP�rESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above wrirten. Approved Lessor. Board of Watef Cnmmiccioners, a vlinnesota l�tunicipal Corporation B `U�la�h. � �� 5 a� Mar�.hew J. Pfohl Its: Assistant City Attomey By: James C. Reiter Its: President By: 7anet L'mdg�en Its: Secretary CITY OF SAIlVT PALZ � Its: Mayor [name typedJ � Its: City Clerk �name typed) � Its: Director, Offce ofFinancial Services (mm�e rypedJ Men METRICOLvL, IN:, a Delaw corgoration By: DicK L. Aa Its: C�7RP�RATE OPS. �n6�� a�� ACKNOWLEDGEMENTS STATE OF ss. COUNTY OF On ,beforeme, NotaryPublic,personallyappeared Matthew 7. Pfohl, James C. Reiter and 7anet Lindgren, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowled�ed to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf oY which the person acted, executed the instrument. Witness my hand and official seal. Notary Public My commission expires: (SEAL) STATE OF COUNTY OF ss. On , before me, , i�otary Public, personally appeazed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his sla ature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. W itness my hand and official seal. Notary Public (SEAL) My commission expires: � ACI{'iVOWLEDGE�NTS STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Frederick K. Owusu, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowtedged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF ss. COUNTY OF On , before me, Notary Public, personally appeared Joseph M. Reid, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the insirument. Wimess my hand and official seal. (SEAL) Notary Public My commission expires: 0o sb`� CALIFOIZNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia } } County of Santa Clara} On May 18, 2000, before me, Anthonv E. Rodri�uez, Notary Public, personally appeared Dick Au , personally known to me to be the person whose name is subscribed to the •Nithin instrument and aclmowledged to me that he executed the same in his authorized capacity and that by lus signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instniment. � _ Artartot�rr�,ROOt�cu�_r ��SS m hand and official seal � � ^ . — C..^;L1tDiss:on� 1i452�=, z Y «� NohuyPVb&G-C4�LfcA[!�-a a � ,/ S �� anf � c3 Clcrsi � y "= y ` y " j m � 3Y']k3i4�M��94{f"-[KX� . ///� _ _ .. _ _ ...�. __ _ ..— �— �� / �. Place Notary Seal Above SignaNre of Public OPTIONAL Though the informafion below is not 2quired by law, it may prove valuable to persons 2lying on the doc�ment and could prevent fraudulent 2moval and reattachment to another document Description of Attached Document TiUe or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity (ies) Claimed by Signer Signer's Name: ❑ Individuai ❑ Corporate Officer ❑ Partner - � Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �-�� l�Ietricom Site �: ��-0039-B l�Ietricom Site tiame: St. Paul Cottage Ave. Standpioe APT l�larket: Viinneapolis t �•�r. r_ LEGAI. DESCRIPTION OF OW�iER'S PROPERTY: That part of the Southeast quarter (SE Y<) Section twenty-three (23), Tow twenry- nine (29), Range twenry-two (22), commencing at a point 678.71 feet East of the Northwest comer of Lot 12, Katherine's Addition, according to the recorded plats thereof on file and of record in the office of the Regitstrar of Tirles, in aad for Ramsey County, Minnesota; thence South 268.97 feet to a point 711.69 feet Easterly from the West line of the Northwest quarter (NW i/<) of the Southeast quarter (SE '/4) of Section twenty-three (23), Township twenty-nine (29), Range twenty-two (22) Ramsey County, Niinnesota; thence Easterly 163 feet; thence Northerly to the South line of Cotta�e Avenue; ttience Westeriy to the place of be�nning. It bein� intended, hereby to describe and convey those certain premises comprised in Lots 8, 9, 10, 11, 12 and 13, Biock i o£"Proposed I�illcrest Terrace", as shown on Plat entitled "E�ibit A" artached hereto, as part of hereof pi`iI# 232922420090 2100 East Cottage Avenue, St. Paul, Minnesota 55119 Latitude N 44° 59',12" Longitude W 93 00' 39" Exhibit "A" 0 o Slo TECHNICAL MININIUM SITE STANDARDS Saint Paul Regional Water Services Water Tower Antenna Site All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuarion to any intemal RF si�als. Desk-top base stations and open racks cannot be used without sQecial approval. Additional shielding kits may be required. 2. At least 60 db of isolarion for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided. A harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maacimum transmitter power allowed into the antenna feed line shall be 110 watts per transmitter. Aigher power levels will be considered on a case-by-case basis. Additional protective devices may be required. 4. Only jacketed copper Heliax cable shall be permitted for transmission lines at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or %z inch Superflex. RG/8 or any other singie shielded cable will not be allowed. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be pernutted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodularion product at the site will not be pernutted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MHZ band: 150 MHZ band: 450 MHZ band: 800/900 MHZ band: Microwave: 50 db at 1 MHZ 50 db at 1.5 MHZ SOdbat2.5MHZ 50 db at 10 MHZ 50 db at 20 MN7. EXHIBIT "D" N:�BISCHIDA�P.NTENNA\TechStand 971 0o Sb1 TECHl�TICAL NIINLMU`!VI SITE STANDARDS - Continued 7. Each cabinet must be identified by the owner's name, address, FCC station license number and the name and telephone number of the responsible service a�ency. 8. Prior to approving any application for antenna space at the site an engineering study will be prepared by the Engineer for the St. Paul Water Utility consisting of at least the following items: a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the azea at time of application. (Study will include 2nd, 3rd and Sth order IM terms, and A+ B- C, three-product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. 9. Plan and specifications to secure equipment to the tower must be submitted to and approved by Saint Paul Regional Water Services prior to installation. -End- N:�BTSCHIDAWNTENNA\TzchStand 971 BOARD OF WATER COMMISSIONERS bo Sb� RESOLUTiON — GEflERAL fORM N, 4717 PRESENTED BY AICaIld pA � Mdy 16 ZQ�� COMMISSIONER Wi�REAS, Metricom, Inc. desires to lease space from the Board of Water Commissioners on its Cot[age Avenue Standpipe site at located at 2100 East Cotta�e Avenue, Saint Paul, Ntinnesota 55119, to install and operate a wireless internet system; and WHEREAS, staff and the assistant ciry attorney have prepazed a Lease A�eement which provides for a five-year lease and which automatically renews for three additional five-year terms, startin� at an annual lease rate of $1"7,000 and increasing each subsequent yeaz; and W�IEREAS, the Lease Agreement is recommended for approval by staff and is approved as to form by the City Attomey's office; now, therefore, be it RESOLVED,thattheLeaseAo eementbetweentheBoardofWaterCouunissionersandMetricom, Inc. is hereby approved substantially in the form submitted, and that the proper officers aze hereby authorized to execute said Lease Agreement on behalf of the Boazd; and, be it FURTHER RESOLVED, that the Honorable Council ofthe City of Saint Paul is hereby requested to approve said Lease Agreement and to authorize the proper o�cers of the City of Saint Paul to execute said Lease Agreement on behalf of the City. Watez Commissioners y�,y Arcand Cardinal Vice President Haselmann President Reiter In favor 4 _ Opposed � Adopted by the Board of Water Commissioners Nays May 16 , x�: 2000 � ,� � �- _I� � •