96-1177 Council File � 4 G _ / �� �
� ('�``� {� � � ` ' � � 6 " Green Sheet r � �
` � �� RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ' a7
� .
Presented By ��" �
Referred To Committee: Date
1 WHEREAS, APT Minneapolis, Inc. desires to lease space at the McKnight Road Standpipe
2 site on McKnight Road at Wilson Avenue in Saint Paul, Minnesota to install and operate a
3 wireless communication system, said site oumed and operated by the Boazd of Water
4 Commissioners of the City of Saint Paul, hereinafter referred to as the "Board"; and
�
6 WHEREAS, Board staff has prepared the attached Lease Agreement which provides for a five
7 year lease which automatically renews for three additional five year terms, starting at an annual
8 lease rate of$12,000 and increasing each subsequent year; and
9
10 WHEREAS, The Board did adopt Board Resolution No. 4449 which approved Lease
11 Agreement; now, therefore, be it
12
13 RESOLVED, That the attached Lease Agreement between the City of Saint Paul, the Boazd of
14 Water Commissioners of the City of Saint Paul and APT Minneagolis, Inc. is hereby approved
1� and that the proper officers are hereby authorized to execute said Lease Agreement on behalf of
16 the City of Saint Paul.
�/ Requesied by Department of:
Water Utility
✓ �� b �
Adopted by Council: IJate���s `��q(i. Generai Manager
Adoption Ccrtified by Council Seaetary Form Approved by City Attorney
BY By: � �CJ Y.e�..�_�—
Approved by Mayor: Date C �� `f G
- ,.-.
, � Approved by Mayor for Submission to Council
, „
_ �BY � ���� 1L �,�.�"- : �: �� � �.����.��
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o � TE�N�T�,�o �REEN SHEET N° 3 4 7 01
r tilit -..- - . _--
..
���an�Nr anE � -y,� �cm couNa� �mnucn�
Bernie R. Bullert - 66274 �seaa �cm��ro�r �cmrc��
M. ( p��� BUD(9ETDIRECTOFi �FIN.8 AAOT.3ERVICEB DIR.
September 25, 1996 o""0E" wu►ra+cc�nssisr�►rm �
TOTAL#�OF SION�TURE P1►�iE8 � 1 (CUP ALL LOCATIONS FOR SKiNATURE)
ACTION REWESTED:
City Council approval of resolution. concurring wi�h action taken by the Board of Water
Commissioners in executing the attached agreement' which leases space at the Board's �
McKnight Road Standpipe. site to APT Minneagolis, Inc. for the instaliatio� and operation
:Apqow(A)a Ry�ot(I� PER80NAL SERYICE CONTAACTS MUdT ANSWER TME FOLLOININQ CUE=TIONB:
_PLANNMICi COMMISBION _CML SERVICE C�eMI�N 1. Has tllis psraonRlrm Wer worked und�e COntfac�for thia dw��
_C�COMMAITTEE _
YES NO RC�'
_STAFF 2, Has this psrson/Nrtn ever besn a dfy employse4
_qgTpICTCOUpT �Bna o W YES ►� , SEP 13 1�96
3. Doec this pereoNNrm posssss e sklll not normaHY possess�d by arry cumnt cily employN?
su�oare w�+c�u�oer�cnve�Commi s s ione r s YE3 NO n��(c,F
Explain ell y�s�nsvwn on�nN shNt aW�tt��i►�IwiF
INrt'IATMIG P�.EM.IBSUE.OPPOATUNRY(Who.VN�.NI�.Whero.WhY);
The Board of Water Commissioners has the opportunity to receive revenue by leasing space
at its water tower site on McKnight Raad at Wilson Avenue in Saint Paul.
Aova�rr�oES��ov�o:
Board of Water Commissioners will receive a yearly revenue of $12,000.
DISADVANTAOES IF A�1IED: �
� Counc� Resesrch C�ter
SEP 17 1996
D18ADVANTA�OE81F NO7 APPROVER: .
TOTAL AMOUNT Of TRANSACTION � N�A COSTlREVENUE BUDOETEO(CIRCLE ONE) YE8 NO
FUNDIFIli sOURCE N�A ACTiVITY NUM9HR
FINANCIAL INFORMATION:(EXPLAIN)
" CITY OF ST. PAUL q`� `��A
t ,
OFFICE OF THE BOARD OF WATER COMMISSIONERS ;
RESOLUTION—GENERAL FORM No 4449
COMMI55 ONER Harris pATF September 9, 1996
WHEREAS,APT Minneapolis. Inc. desires to lease space from the Board of Water Commissioners
on its�IcKni�ht Road Standpipe site on McKnight Road at Wilson Avenue in Saint Paul,Minnesota
to install and operate a w•ireless communication system; and
WHEREAS, The Board did adopt a Water Tower Site Leasing Policy on July 10, 199�, which
allows such space leasing and imposes certain conditions on such leasing; and
WHEREAS, Staff has prepared the attached lease agreement which complies with all conditions
of ihe Water Tower Site Leasing Policy and provides for a five-year lease which automatically
renews for three additional five-vear terms, starting at an annual lease rate of$12,000 and increasin�
each subsequent year; and
WHEREAS, The General NfanaQer of the Water Utility, Mr. Bernie R. Bullert,recommends Board
approval of the said lease agreement; now, therefore, be it
RESOLVED, That the attached lease agreement between the Board of Water Commissioners and
APT i�iinneapolis, Inc. is hereby approved and that the proper o�cers are hereby authorized to
execute said lease agreement on behalf of the Board.
Water Commissioners
Adopted by the Board of Water Commissioners
Yeas Nays
Arcand
Harris September 9, lg 96
Haselmann
President Guerin
In favor 4 Opposed_ � IMPORTANT �
RETURN TO BOARD SECY.
MINUTES FILE
ORIGINAL
�1 � - ���'1
SAINT
PAUL
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WATER
UTILITY _ _ _ _ .- __
SAINT PAUL WATER UTILITY
WATER TOWER SITE LEASE AGREEMENT
Between
Board of Water Commissioners
and
APT Minneapolis, Inc.
McKnight Road Standpipe Site
September 1996
qc.- ����
SITE LEASE AGREEMENT
Between St. Paul Board of Water Commissioners and APT Minneapolis,Inc.
This Site Lease Agreement("Lease") is made this day of , 19 , between the
BOARD OF WATER CONIlNIISSIONERS OF 'THE CITY OF SAINT PAUL, 8 Fourth Street East, Suite
400, Saint Paul,Minnesota 55101-1007, ("Lessor"), and APT MINNEAPOLIS, INC., ("APT") a Delaware
corporation, 8410 West Bryn Mawr, Suite 1100, Chicago, IL 60631, its succ�sors for the leasing of certain
property interests at the Lessor's McKnight Road Standpipe site at 393 North McKnight Road, Saint Paul,
Minnesota 55119-5307("Property")and legally described in the Exhibit"A", Site Plan attached hereto and
incorporated herein by reference.
In consideration of the terms and conditions of this Lease, Lessor and APT agree as follows:
1. Leased Premises Lessor, in consideration of payment by APT of the Base Rent and Additional Rent
as specified in Paragraph 3, Rent, and the covenants and agreements ("Leased Premises") herein
contained, hereby leases,to APT certain areas on Lessor's Property, as shown generally in Exhibit"A".
The property interests leased to APT shall include the following: real property comprised of
approximately square feet of land(land use), structure exterior space for attachment of antennas,
structure exterior space for placement of equipment, tower antenna space, space required for cable runs
to connect equipment and antennas, non-exclusive easements required to run utility lines and cables,
and a non-exclusive easement across the Property for access.
The parties acknowledge that this is a nonexclusive Lease. Nothing in this Lease shall preclude Lessor
from leasing other space for communications equipment to any person or entity which may be in
competition with APT, or any other party, subject to the conditions set forth in Paragraph 7, Operation
and Equipment, of this Lease.
Z. Term ofLeas� The initial term of this Lease shall begin on the"Commencement Date" (as hereafter
defined) and subject to the terms of Paragraph 12 Termination, shall end on December 31, 2001. The
Commencement Date shall be the date on which all conditions precedent detailed in Exhibit "C"
attached hereto and incorporated herein by reference have been met and the City Council of the City
of St. Paul has approved this Lease, but not later than October 1, 1996. The term of this Lease shall be
5 years, commencing as of the day of , 1996, and expiring on the
day of ,2001. Upon expiration of the initial term,this Lease shall automatically renew
for three(3)successive periods of five(5) years ("Renewal Terms") unless APT serves written notice
to Lessor sixty(60)days prior to the expiration of this Lease or any extension thereo£ Upon expiration
or tennination of this lease, APT shall have si�y (60) days to remove all equipment from the demised
premises and to make a11 necessary repairs and shall pay rent until complete removal and restoration has
been effected.
MCKNIGHT.LSE 2
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3. Rent Rent shall consist of Base Rent and such Additional Rent as may apply. APT shall pay all rent
in advance, on the first day of the term of the Lease and on the first day of each January thereafter as
indicated in the payment schedule below:
A. Base Rent. Based on APT'S original installations, as described in E�ibit "A", Exhibit "E",
Equipment List, and Exhibit "B", Technical Minimum Site Standards attached hereto and
incorporated herein by reference (collectively, the"Communications Facility"). APT shall pay to
the Lessor a yearly Base Rent fee of twelve thousand dollars($12,000.00). Said fee shall be payable
in advance each year with the first payment due ten (10) days after the Commencement Date. The
first year's advanced payment shall be prorated from the Commencement Date through December
31, 1997. Each annual payment thereafter shall be due on the first day of January.
1. AnnualIncrease
On January 1, 1998 and on the first day of January every year thereafter, APT shall pay the Base
Rent increased by 4%, or the Base Rent as adjusted in proportion to the cumulative in t h e
latest published Consumer Price Index for the previous October compared to the same i�c
as shown for October 1995, whichever is greater.
2. Re-evaluation at Renewal Term
At the commencement of each Renewal Term, the Base Rent will be evaluated based on the
following criteria:
The annual rents APT pays on similar type of cell sites will be collected by APT and forwarded
to the Lessor. The annual rents paid by other companies that have similar type cell sites on
municipal water towers will be collected by the Lessor and forwazded to APT. The two (2)
highest and two(2)lowest rents from each category will be discarded. The remaining rents from
both categories will be added together and averaged.
The Base rent for the first year of the Renewal Term will be either the figure calculated above by
1. Annuallncrease,
or
2. Re-evaluation at Renewal Term, whichever is greater.
"Consumer Price Index" sha11 mean the Consumer Price Index for All Urban Consumers, All Items,
U.S. City Average, 1982-84= 100, (LT.S. Department of Labor, Bureau of Labor Statistics). If the
said Index ceases to be published, then a reasonably compazable index shall be u9ed.
If this Lease is terminated at any time other than on the last day of a lease term, rent shall be
prorated, based on a three hundred sixty-five (365) day year, as of the date of termination, and in
the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be
refunded to APT.
MCKNIGHT.LSE 3
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B. Additional Rent. Additional Rent means all amounts, other than Base Rent provided for in Paragraph
(2-A) Term of Lease, above, that APT shall be obligated to pay under this paragraph or any other
paragraph of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs
and expenses:
1. cost for the repairs, improvements or alterations required to be made by APT in Paragaph 16
Maintenance and Repairs;
2. all taxes on equipment personally owned by APT, general or special;
3. all public utility rates, dues, and charges of any kind for utilities used by APT at the Leased
Premises; and
4. property insurance premium and/or uninsured losses as set forth in Paragraph 1 l,Insurance.
In the event that APT does not pay required Additional Rent, Lessor may, at its option, make such
payments. Upon Lessor's notice to APT that it has made these payments, those amounts become due
and payable by APT at the time of its ne�Base Rent payment.
APT shall make all payments of Base Rent and Additional Rent to Lessor at the following address:
Board of Water Commissioners, 8 Fourth Street East, Ste. 400, Saint Paul, Minnesota
55101-1007.
The applicable account number for City Finance Accounting Code is: 850-28904-5441-00010.
4. Fencing Modification� If, in the opinion of the Lessor, the existing fencing must be relocated to
accommodate APT's equipment, APT may either relocate the fence to a location and in a manner
approved by the Lessor, or reimburse the Lessor for actual costs of said relocation.
5. Primarv Use of Premise� The primary purpose of the Property is to provide water service to
customers of the Lessor. Lessor's operations take priority over APT's operations and Lessor
reserves the right to take any action it deems necessary, in its reasonable discretion, to maintain, or
improve the Property in order to provide such (connection with water tower operations as may be
necessary). In the event that the use of the tower for water service is jeopardized because of APT's
antenna usage on the tower, Lessor will provide written notice of such event to APT. Lessor and
APT 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 tower), APT will immediately cease
operations at that site. Only in the case of severe jeopardy may the Lessor remove APT's
equipment. This severe jeopardy would be deemed an emergency situation. In the case of a non-
severe jeapardy(e.g. a loose cable that blocks access through a caged ladder), APT will commence
to cure such jeopardy within thirty(30) days. If the default
MCKNIGHT.ISE 4
9�- ����1
is not reasonably capable of being cured within thirty (30) days, APT shall commence to cwe the
default by assessing the problem, planning and ordering the necessary equipment within seven (7)
days and diligently pursuing the cure to completion within a reasonable time thereafter. If Lessor
and APT cannot cure such jeopardy within thirty (30) days of receipt of notice of event, said
occurrence of jeopardy shall constitute an Event of Default as set forth in Paragraph 21,Events of
Default.
6 Use ofPhemises. APT shall use and occupy the Leased Premises for the transmission and reception
of communications signals authorized for use by the Federal Communications Commission (FCC),
and for the installation,operation and maintenance of its communications equipment as outlined in
Exhibit "A", Exhibit "E" and Exhibit "B", (collectively, the "Communications Facility"). For
purposes of installing, repairing and removing the communications equipment APT shall have
access to the Leased Premises seven days per week, twenty-four hours per day. APT agrees not to
do any act which will interfere with or endanger the proper use of the elevated water storage tank.
Lessor will provide written notification to APT at least thirty (30)business days before beginning
any major maintenance, major repairs, or any other major work on the water tower. Lessor will
provide written notification to APT at least two (2) days prior to any minor maintenance, minor
repairs or any other minor work on the water tower. In the case of an emergency, written prior
notification is not required. However, APT will be notified by phone within two (2) hours of an
emergency. With the exception of an emergency situation, Lessor will not remove APT's
equipment without APT's prior written consent. APT shall remove or protect antennas or
equipment or pay for same, during painting or other maintenance work performed by Lessor.
7. Qneration and Equi�men� APT shall install, operate and maintain its equipment in accordance
with all applicable laws and regulations, and in accordance with all Technical Minimum Site
Standards,Exhibit"B". APT's equipment shall be installed and operated in a manner which does
not cause interference to predecessor facilities tenants. Should any such interference occur, Lessor
and APT shall diligently pursue a cure to remove or satisfactorily attenuate such interference. If
such interference cannot be cured or satisfactorily attenuated, APT agrees to immediately stop using
its equipment if so demanded in writing by Lessor. Lessor hereby covenants to use its best efforts
to afford APT similar protection from interference which may be caused by the operation of
subsequent additional Property users. APT agrees to operate under the rules of the FCC.
8. Utilit�Servic� Lessor will allow APT, at APT'S cost and expense, to connect its equipment to the
utility services. APT thereafter agrees to furnish and pay for the cost of utility service, provided that
APT shall also be responsible for all repairs or alterations to utility equipment arising out of the use
of the demised premises by APT. Lessor shall not be responsible for any damage due to the
interruption of utility service.
MCKNIGHT.LSE 5
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9. Cost and F.xvens� APT shall install and maintain all equipment at its sole cost and expense and
upon removal of said equipment, APT shall restore the surface to its original condition wherever
attachments have been made, or structures have been placed, normal wear and tear excepted. The
parties agree that the communications equipment shall remain the personal property of APT and
shall be kept in repair by APT.
10. Taxes
A. Lessor's Taxes Lessor shall be responsible for and pay all t�es and assessments against the
Leased Premises.
B. APT's Taxes APT shall be solely responsible for and pay all t�es on its personal property.
11. Insuranc� APT shall maintain comprehensive general liability insurance insuring APT against
liability for personal injury, death or damage to personal property arising out of use of the Property
by APT with the following amounts:
Personal Injury: $ 500,000/each person
$1,500,000/ each occurrence
Property Damage: $1,000,000/each occurrence
APT shall also maintain fire and extended covera.ge insurance insuring APT's personal property for
its full insurable value(subject to reasonable deductibles).
The City of St. PauUSt. Paul Board of Water Commissioners is self-insured pursuant to Minnesota
Statute 471.981. Pursuant to Minnesota Statute 466.04 its liability is limited to $200,000.00 per
injury and $600,000.00 per occunence.
Notwithstanding anything in this Lease to the contrary, each party releases the other party from all
liability, whether for negligence or otherwise, in connection with a loss covered by any policies
which the releasing party carries with respect to the Property or the Lessor's Property, but only to
the extent that such loss is collected under such insurance policy(s) or to the limits of such self
insurance. Any policy required to be obtained pursuant to this Paragraph 11, Insurance shall
contain a Waiver of Subrogation in favor of the other party hereto.
APT's insurance shall name the City of Saint Paul and the Board of Water Commissioners of the
City of Saint Paul as additional insureds, as it applies to the liability portion of the policy. Prior to
the effective date of the Lease and before each Renewal Term, APT shall supply to Lessor a current
certificate of insurance for policies required in this paragraph. Any insurance policy shall provide
thirty(30)days notification to Lessor prior to any cancellation, or modification of policy coverage
as it pertains to this site.
MCKNIGHT.LSE 6
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12. Termination. This Lease may be terminated by APT at any time in its sole discretion by giving
thirty(30)days written notice thereof to Lessor, which termination shall not constitute a waiver of
APT's rights under Paragraph 22,Default Remedies, of this Lease. If APT terminates, no portion
of the first year's rent will be refunded. Additionally, APT agrees to pay six (6) months rent as
liquidated damages from the date of removal of equipment and restoration of the Leased Premises
or from the termination date, whichever is last. At the end of the contract period APT will remove
its equipment and restore the Leased Premises as required by Paragraph 9, Cost and Expense.
13. Notic� All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on Lessor or APT, or when made
in writing and deposited in the United States Mail, certified and postage prepaid. The address to
which the notice shall be mailed may be changed by written notice given by either party to the other.
Nothing herein shall preclude the giving of such address change notice by personal service.
To Lessor at: Board of Water Commissioners of the City of Saint Paul
Attn: Bill Tschida
8 Fourth Street East
Suite 400
Saint Paul, MN 55101-1007
To APT at: Real Estate Department
American Portable Telecom
Box 31793
Chicagq IL 60631-0793
And to: APT Minneapolis, Inc.
Attn: Real Estate
1709 E. 79�' Street
Suite 19
Bloomington, MN 55425
14. Assignmen� APT shall not assign this Lease without the written consent of the Lessor, which
consent will not be withheld without cause.
1 S. RecordabilitX. Lessor shall contemporaneously herewith execute and acknowledge and deliver to
APT for recording a Memorandum of this Lease("Memorandum") in the form of Exhibit"D".
16 Maintenance and Re�airs APT shall, at its own cost and expense, be responsible for all repairs,
maintenance and upkeep of the Leased Premises and APT'S equipment, including but not limited
to emergency repairs of any kind, routine maintenance and repair to keep the Leased Premises in
good repair, safe and in compliance with applicable fire, health, building and other life safety codes
and all repairs to any damage to the Leased Premises caused by the placement of APT's equipment
thereon.
�iCKNIGHT.LSE 7
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17. �'umnder of Premise� At the expiration of the initial term, or any Renewal Term, or any earlier
termination of this Lease, APT shall quit peacefully and sunender possession of said Leased
Premises and its appurtenances to Lessor in an order and condition as good as when it was delivered
to APT, reasonable weaz and tear excepted.
18. Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after
receiving the written consent of the Lessor. Said tenancy sha11 be deemed to be a tenancy only from
month-to-month. All other terms and conditions of this Lease sha11 be applicable.
19. Hazardous Substances. 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 applicable federal,
staxe or local law or regulation. APT represents and warrants that its use of the Leased Premises,
herein,will not generate and it will not store or dispose on the Property nor transport to or over the
Property any hazardous substance and further agrees to hold Lessor harmless from and indemnify
Lessor against any release of any such hazardous substance caused solely by APT and any damage,
loss,or expense or liability resulting from the breach of this representation or from the violation of
any state or fe�ierallaw by such release including all reasonable attorneys' fees, costs and penalties
incurred as a result thereof except any release caused by the negligence of Lessor, its employees or
agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic
or radioactive substance, or other similar term by any federal, state or local environmental law,
regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules
may be amended from time to time; and it shall be interpreted to include, but not be limited to, any
substance which after release into the environment will or may reasonably be anticipated to cause
sickness, death, or disease. Not withstanding the foregoing provisions to the contrary, Lessor
acknowledges APT's use of batteries or other Hazardous Substances usually and customarily used
in the course of APT's wireless communications business, (collectively referred to as "Allowed
Hazardous Substances") and deems them acceptable as long as APT's use, storage and disposal of
such Allowed Hazardous Substances are in accordance with all applicable laws.
20. Deshuction. In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable due to such damage during the term of this Lease, Lessor may at
its option:
A. terminate the Lease upon thirty(30) days written notice to APT; or
B. within thirty (30) days agee to restore the premises within a reasonable time period
following the casualty,
The Base Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment of the use of the Leased Premises, as determined mutually by
Lessor and APT, times the number of days of loss or impairment.
MCKTIIGHT.LSE $
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Zl. Events of Default. The occurrence of any of the following events during the term of this Lease
shall constitute an "Event of Default" by APT:
A, the failure by APT to timely pay Base Rent or Additional Rent as required by this Lease.
APT shall cure the same within thirty(30) days notification from Lessor. If this default is
not cured within thirty (30) days this Lease shall terminate.
B. the failure by APT to observe and perform any covenant, condition or agreement as required
by this Lease;
C. any failure by APT or its surety to discharge, satisfy or release any lien or lien statement
filed or recorded against the Leased Premises within sixty days after the date of such filing
or recording, whichever date is earlier.
22. Default Remedies If an Event of Default occurs under Paragraph 21,Events of Default, Lessor
may exercise any one or more of the following remedies:
A. terminate the Lease as set forth in Paragraph 12, Termination•,
B. take whatever action at law or in equity may appear necessary or appropriate to collect the
Base Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant of APT under this
Lease.
In exercising any of its remedies set forth in this Section, the Lessor may, whether or not the Lease
is then in effect, hold APT liable for the difference between the payments and other costs for which
APT is responsible under this Lease.
No remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other
available remedy. Each such remedy shall be cumulative and shall be in addition to every other
remedy given under this Lease now or thereafter existing at law or in equity. No delay or omission
to exercise any such right or power accruing upon any default shall impair any such right or power
or shall be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient. In order to entitle the Lessor to exercise any
remedy reserved to it in this Paragraph 22,Default Remedies, it shall not be necessary to give any
notice, other than expressly required herein.
Either the Lessor or APT shall have the right to terminate this Lease at any time if either party
defaults in any material covenant,term or condition of the Lease. However, the injured party shall
first serve written notice to the other party of such default and provide that party thirty (30) days to
cure such default. If the default is not reasonably capable of being cured within thirty (30) days,
the notified party shall commence to cure the default such as assessment of the problem, plan,
ordering of equipment within seven (7) days and shall diligently pursue the cure to completion
within a reasonable time thereafter.
MCKNIGHT.LSE 9
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23. Com�liance with I.mv� The Leased Premises described herein may be used for only the purposes
stated herein. It is the sole and exclusive responsibility of APT in the use of the Leased Premises
to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the
use to which the Leased Premises is proposed to be put.Inability or failure by APT to comply with
any of said laws, rules, regulations or ordinances will not relieve APT of the obligation to pay the
rental provided herein.
24. Liens APT shall not permit mechanic's liens or other liens to be filed or established or to remain
against the Leased Premises for labor, materials or services furnished in connection with any
additions, modifications, improvements, repairs, renewals or replacements ordered by APT and
made to the Leased Premises.
25. Condemnation. If a condemning authority takes any portion of the Lessor's Property and such
taking adversely affects APT's use of the Lessor's Property,this Lease shall terminate as of the date
of the taking, provided APT gives written notice of the same within thirty (30) days after APT
receives notice of such taking. The parties shall be entitled to make claims to the condemning
authority in any condemnation proceeding for value of their respective interests in the Property
(which for APT may include,where applicable, the value of the Communications Facility, moving
expenses, prepaid rent, and business relocation expenses). Sale of all or part of the Property to a
purchaser with the power of eminent domain in the face of the exercise of the power shall be treated
as a taking by condemnation.
26. Alterations APT will not make any alterations to the Communications Facility without the written
consent of the Lessor . If APT desires to make any such alterations, an accurate description shall
first be submitted to and approved by the Lessor. Such alterations shall be done by APT at its own
expense. Lessor agrees to respond with consent or denial within thirty (30) days. Failure of the
Lessor to respond shall be deemed consent. APT agrees that all alterations will be done in a
workmanlike manner and in confonnance with applicable building codes,that the structural integrity
and building systems of the building will not be impaired, and that no liens will attach to the
premises by reason thereof.
27. Amendec� Anything herein conta.ined to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties herein.
28. Quiet En,�ovmenx APT, upon paying the rent, shall peaceably and quietly have, hold and enjoy the
Leased Premises. If, as of the date of execution of this Lease or hereafter, there is any mortgage,
or other encumbrance affecting the Property, then Lessor agrees to obtain from the holder of such
encumbrance an agreement that APT shall not be disturbed in its possession, use and enjoyment of
the Leased Premises. Excepting events referenced in Paragaphs 5 and 6,FencingModifications
and Primary Use of Premises, Lessor shall not cause or permit any use of the Property which
interferes with or impairs either the integrity of the structure to which APT equipment is attached,
or the quality of the communication services being rendered by APT from the Property. Except in
cases of emergency, Lessor shall not have access to the Communications Facility unless
accompanied by APT personnel.
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29. Auth ri . The individuals signing this Lease on behalf of a party represent and warrant they are
fully empowered to act on behalf of said entities. Furthermore, both parties are fully empowered
to execute, deliver and perform the various obligations under this Lease.
30. Frequencies
Prior to adding additional transmitter or receiver frequencies on the premises, APT agrees to notify
the Lessor of the modified frequencies so that the Lessor can perform the necessary interference
studies to inswe that the modified frequencies will not cause harmful radio interference to other
existing premises leases. APT shall pay the reasonable costs for said study which will be performed
by Lessor's registered professional communications engineer. In the alternative, APT may perform
the interference studies and submit the results to the Lessor. However, the Lessor, in its sole
discretion, shall retain the right provided herein to submit the study results to its registered
professional communications engineer for review at APT's expense.
31. Eauipment. All equipment and methods of installation shall be approved in writing by Lessor prior
to installation. Such approval shall not be delayed without cause.
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9C�1���1 _
� IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year first above
written.
LESSOR:
BOARD OF WATER COMMISSIONERS APPROVED:
OF THE CITY OF SAINT PAUL
By By
Dino Guerin, President Bernie R. Bullert, General Manager
By Approved as to form:
Janet Lindgren, Secretary
By
Assistant City Attorney
CITY OF SAINT PAUL
By
Norm Coleman, Mayar
By
Fred Owusu, City Clerk
By
Martha Laxson, Director, Department of
Finance and Management Services
LESSEE:
APT MINNEAPOLIS, INC.
By
David B. Lowry
Vice President and Officer
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