04-646Council File # ��
Resolution #
Green Sheet
Presented By
Referred to
Committee: Date
1 WHEREAS, the City's Division of Parks and Recreation is the owner of certain
2 property lrnown as Margaret Recreation Center located at 1109 Margaret street, and
3 WHEREAS, T-Mobile (Voicestream Minneapolis, Inc.), has requested that the Division
4 permit placement of cellular tower telephone equipment on a new tower to be installed by T-
5 Mobile that will also accommodate field lighting at the Margaret site, and
6 WHEREAS, the lease agreement includes annual compensation to the Division, as well
7 as provision for the installation and maintenance of said equipment, and
8 WHEREAS, the Division has reviewed this matter, and has presented the issue of cell
9 tower leases to the Parks and Recreation Commission, and recommends approval of the lease
10 agreement,
11 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul
12 hereby authorizes and directs the City officials and staff to enter into a lease agreement with T-
13 Mobile (Voicestream Minneapolis, Inc.), to install and maintain cellular telephone equipment
14 on a cell tower to be installed by T-Mobile replacing an existing field lighting tower at
15 Margaret Recreation Center.
Benanav
�� ��� Requested by Division of Parks and
Recre t�on
�00 By:�I�N ��a�(J' �'t¢'z-� a
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Lantry �� �
tgomery
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Adopted by Council: Date: �/ �/
Adoption Certified by Council ecretary
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Appx
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Form Approve by Ci�y At�.orney
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By: oca_ 1
Approved y Mayor for Submission to
Council
c.
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� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet �
(�I-I��1�0
DepartmenUoffice/council: Date initiated:
pR -���dR�tt�, 24-JUN-04 Green Sheet NO: 30'19055
Deoartment Sent To Person Initial/Date
CoMact Person & Phone: -
MikeHahm 0 r an ecrea'on 1
266"G444 ASSign 1 rksandRecreation D artm ntDirector ��^�
Must Be on Council qqenda by (Date): Number Z � p rne
07JUL-04 For
Routing 3 a or's Office Mavor/Assistant
Order 4 uncil
5 i Clerk Ci Clerk
6 rla aod Recrea ' o Mike Aahm
ToWI # of Signature Pages (Clip All Locations for Signature)
Action Requested:
Signature of attached resolurion - authorizing ciry o�cials and stafF to enter into a lease agreement with T Mobile (Voicestream
Minneapolis, Inc) for installation of a cell tower at Mazgazet Recreation Center.
Recommendafions: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a conVact for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a ciry employee?
Yes No
3. Does this person/fircn possess a skill not normally possessed by any
, . current city employee? '
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
T Mobile (Voicesheam Minneapolis, Inc) wishes to lease space at Mazgazet Recreation Center to replace an e�sting field light pole with
a 100 Ft. Tower that will accommodate cellular equipment as well as the field lighring.
Advantailes If Approved:
The City will replace an aging field light tower with a new piece of equipment.
T Mobile wiil provide the City annual lease payments that will be used to benefit local recrearion proaaws. Recreation staff have
evaluated the proposed project as having no negarive unpact on field use.
Disadvantages If Approved:
None
�������.. -
. �00�1
Disadvantages If Not Approved: g�
The oppomwity to replace the outdated light tower and generate lease revenues will be lost. �°��`` ���±��� °8
ioWl Amount of 12J100 Cost/Revenue eudgeted: y
Transaction:
Funtlin� Source: T Mobi12 Adivitv Number: 23182
Financial Information: �]a6onary increases for rents aze built into the contract.
� (Explain)
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The Site Lease Agreement is available for review in the Council Reseazch
Files.
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SITE LEA5E AGREEMENT �IQU�,��
THE CITY OF SAINT PAUL, DIVISION OF PARKS AND RECREATION and
VOICESTREAM NIINNEAPOLIS, INC.
This Lease A�eement ("Lease") is entered into this day of 2004, (the "Effective
Date") between THE CITY OF S�T PAIJi., a municipal corporation under the laws of the State
ofMinnesota ("Lessor"), acting on behalf of its Division ofParks and Recreation, and, VoiceStream
Minneapolis, Inc., a Delawaze Corporation, having aprincipal office located at 8550 W. Bryn Mawr
Ave., Suite 100, Chicago IL. 60631("Lessee").
In consideration of the terms and conditions of this Lease, the parties agree as follows:
I. Leased Premises.
(a) Lessor hereby leases to Lessee certain space located on the Lessor's Margaret
Recreation Center �ounds, 1109 Margaret Street, Saint Paul, Minnesota 55106,
which is legally described in attached Exhibit "A," Legal Description and Site Plan.
On Margazet Recreation Center grounds is a light pole(as more fully described below
in Section 1(b)). The Lessar's land upon which the light pole is situated is called "the
Property." The property interest leased and granted by the Lessor, ("Leased
Premises") are the following:
• Ground space comprised of approximately 300 usable square feet;
• Structure exterior space far attachment of antennas at 100 FAGL;
• 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.
No other space or property interests are being leased to Lessee except as described
above and as described on Exhibit "A," Lega1 Description and Site Plan.
(b) The parties aclrnowledge and agree that the existing light pole and foundation will
be removed completely and replaced with a new 100(One Hundred) foot high cell
tower / light pole (the "Structure") that Lessee will install on the Leased Fremises at
the Lessee's sole cost and expense. Upon installation, tifle to the Structure will vest
in Lessor and Lessee will execute any documents reasonablynecessaryto convey and
transfer title to Lessor. Lessor will be fully responsible for all costs and expenses
relating to the operation, repair and maintenance of the Structure, except for any
expenses caused by or resuIting from L,essee's use of the Shucture. At its sole cost
and expense, I,essee shall remove the existing light pole and foundation which the
new Structure is replacing from the Properiy and relocate it or dispose of it as
directed by Lessor.
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2. Terms/Renewals.
(a) This Lease shall be effective as of the Effective Date, and from and after the
Effective Date throughthe Commencement Date (as defined below), Lessee shall pay
Lessor a month fee of Two Hundred Fifty Dollars ($250.00} (the "Fee"), prorated for
any partial months, with the first such payment due on the Effective Date, and all
subsequent Fee payments shall be paid to L,essar on or before the first day of each
month. Notwithstanding anytl�ing to the contrary in tYus Lease, if the
Commencement Date does not occur within one (1) year after the Effective Date, this
lease shall automatically terxninate, be void and of no further force or effect, and
neitherpariy will have any further ri�ts, duties, obligations or liabilities hereunder.
(b) The inifial term of this Lease shall comxnence on the date that Lessee begins
construction on the Leased Premises (the "Commencement Date"), and shall
terminate on December 31 of the yeaz in which the fifth (5�') anniversary of the
Commencement Date occurs. Lessee and Lessor agree to enter into an addendum to
this Lease confinning the Commencement Date, as contained in Exhibit "C,"
Memorandum ofLease Recording.
(c) Lessee shall have the right to extend this Lease for three (3) additional five (5) year
terms (each, a"Renewal Te�n") subject to (d) below.
(d) This Lease shall automatically be renewed for each successive Renewal Term unless
Lessee is in default beyond applicable notice and cure periods of any of the terms or
conditions ofthis Lease, or unless i,essee notifies Lessor ofits intention not to renew
prior to commencement of the succeeding Renewal Terxn.
3. Rent.
Rent shall consist of Base Rent and such Additional Rent as may apply. Lessee shall make
all payxnents of Base Rent and Addirional Rent to Lessor at the following address:
Division of Parks and Reereation
Attn: Accounting
25 W 4th Street, Ste. 300
Saint Paul, Minnesota 55102
Lessor's FIN number is # 41-6005521
If this Lease is terminated, pursuant to the terms and conditions of this Lease, rent shall be
pro-rated to the terniination date or the date on which all of Lessee's equipment is removed
from the Leased Premises, whichever is later. Within thiity (30) days after the date of the
ternunation, Lessor shall return to Lessee any amounts which I,essee has prepaid to Lessor.
Unless this Lease is terminated pursuant to section 2(a), above, then effective as of the
Commencement Date, Lessee shall pay all rent annually in advance, as indicated in the
payment schedule below:
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(a) Base Rent.
Lessee shall pay L,essor, as rent, the sum of Twelve T'housand and No/Dollars
($12,000.00), ("Annual RenY'), per_year based upon Lessee's installation and
operation ofthe antenna facilities and frequencies idenrified in E�ibit `B,"Antenna
Pacilities and Frequencies, ("Antenna Facilities"), and located within the Leased
Premises as shown on Exhibit "A," LegalDescription and SitePlan., as is more fully
described in Section 5. Installation ofEquipment and Leasehold Improvements.
The first year's rent shall be pro-rated to the end of the year in wlvch the
Commencement Date occurs, and shall be paid within sixty (60) days after the
Commencement Date. The entire Annual Rent due hereunder shall be paid prior ta
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 andFrequencies without the priorwritten consent ofLessor, such consent
not to be withheld ar delayed without cause.
(1) AnnualIncrease
Corrunencing January 1, of the calender year immediately after the the in
which the Commencement Date occurs, and on January lst of each
subsequent yeaz, the Annual Rent shall be inereased annually by 5%.
(2) Re-evaluation at Renewal Term
If desired by the Lessor, the Base Rent shall be re-evaluated based on the
following procedure:
Lessor shall notify Lessee in writing ofits desire to re-evaluate the Base Rent
no later than sixty (60) days prior to the end of each five (5) year term.
Included in the notification for re-evaluation, Lessar shall provide the Lessee
with at least five (5) annual rents for similaz recrearion sites with similar
antennae and equipment in the Minneapolis and St. Paul metropolitan area
as examples of prevailing market rents. If Lessee does not concur with
Lessor's perception of the prevailing market rate as evidenced by Lessor's
provided rents, Lessee may provide Lessor, in writing, with at least five (5)
current lease rents paid by Lessee for sunilar tower sites in the Minneapolis
and St. Paul metropolitan area The two highest and 1wo lowest rents
provided by Lessor and Lessee shall be discarded, and the remaining rents
from both parties 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 means of (1) Annual Increase, or (2) Re-evaluation at Renewal
Term, whichever is greater.
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However, in the event Lessor provides to Lessee said written request for re-
evaluarion and list of similar rents at least si�cty (60) days prior to the end of each five
(S) year term list and Lessee subsequently fails to provide its list of similar rents by
the end of the five (5) year term, Base Rent foz the first year of the next Renewal
Term shall be as detemuned by (2) Re-evaluation at Renewal Term above.
In no event shall the annual installment of Base Rent due hereunder, following such
adjustrnent or review, be less than the amount of such installment in the previous
year increased by five percent (5%).
(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 para�aph or any other
paragraph of this Lease. Additional Rent shall 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 taxes on equipment personally owned by Lessee, general, or special. As
a condition ofLessee's obligation to pay anytax, Lessor shall provide Lessee
docusnentation from the tasing authorityindicating with reasonable certainty
that the tax was directly attributable to Lessee's tenancy. Lessee shall have
the right to file an assessment appeal, and Lessor sha11 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 of any kind for urilities used by
Lessee at the Leased Premises; and
(4) fees, costs, and expenses forpropertyinsurance and/oruninsured losses as set
forth in Section 13. Insurance.
In the event that Lessee does not pay the required Additional Rent to the appropriate
party, Lessor may, at its option, and after thiriy (30) 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 thirty (30) days.
4. Use of Leased Premises.
(a) Primarv Use of Propertv
The primary use and purpose ofthe Leased Premises is for a public recreation facility
for the 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 Properiy in connection
with Lessor's Operations.
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(b) Jeopardy of Primarv Use
In the event that the use of the Properiy for public recreation services is }eopardized
because of Lessee's operations on the Structure, Lessor shall provide written notice
of such event to Lessee. L,essor and Lessee a�ee to work together to cure the
occurrence that causes such jeopardy. In the event of severe jeopardy, Lessee shall
immediately cease operarions at that site until the time that the immediate danger has
subsided or been remedied. Only in the case of severe j eopardy may Lessor remove
Lessee's equipment. This severe jeopardy would be deemed an emergency situarion
that poses an immediate danger. In the case of a non-severe jeopazdy, I.essee shall
make all good efforts to cure such jeopardy within thirty (30) days of receipt of
written notice of event. IfLessee does not cure such jeopardywithin thiriy (30) days
of receipt of written notice of event, said occurrence of j eopardy shall constitute an
event of default as otherwise defined in Section 12. Termination. If circumstances
beyond the control of Lessee 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 j eopardy (e.g. assessing the problem, ordering
necessary equipment) within seven (7) days of Lessor's written notice of j eopardy
and shall diligentlypursue the cure to completion within a reasonable time thereafter.
(c) Lessee's Use of Leased Premises.
Lessee shall have the right, at its sole cost and expense, to install, operate, maintain,
replace, store ar remove its Antenna Facilities and frequencies as shown in Exhibit
`B,"Antenna Facilities andFrequencies and in its duly approved construction plans,
as described in Section. 5 Installation of Equipment and Leasehold Improvements.
Lessee's use shall be non-exclusive and Lessar retains the right to lease space to
other parties, provided that other parties' use of such space does not interfere with
Lessee's operations. Additional considerations related to the removal and provision
of equipment are described in attached Exhibit E.
(d) Lessee's Ground Equipment.
The Property is public parkland located in a residenrial neighborhood. Therefore, the
design and appearance of ground equipment storage facilities shall be subject to
stricter staandards than may be usual and customary. Regazdless of City of Saint Paul
minimal building'permit requirements, Lessee shall provide ground equipment
storage facilities and landscaping screening that aze consistent with other buildings
and structures in the neighborhood, as well as landscaping consistent with other
sunilar parkland as solely detennined by the Lessar.
(e) Laws Governing Use.
Lessee shall use the Leased Premises only in accordance with good engineering
practices and in compliance with all applicable Federal Communications
Commission ("FCC'� federal, state, and local rules, laws and regularions. This Lease
is contingent upon Lessee receiving all permits, licenses or approvals from all local,
state, or federalland use jurisdictions or agencies for Lessee's permitted use of the
Leased Premises. Lessee shall, at its sole cost and expense, obtain all such necessary
perxnits, licenses or approvals. Lessor agrees to cooperate with L,essee in Lessee's
pursuit all such necessarypermits, licenses ar approvals, and Lessee shall reimburse
Lessor its reasonable costs to provide such cooperation.
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5. Installafion ofEquipment and Leasehold Improverr�ents
(a) Constnzction Plans.
For the initial installation of all Antenna Facilities and for any and all subsequent
revisions and/or modificarions of same, Lessee shall provide Lessor and Lessor's
Construction En�neer, Trades Supervisor or other desi�ee ("Construction
En�neer") each with two (2) sets of construction plans ("Construction Plans")
consisting of the following:
1) Line or CAD drawings showing location of all planned installations plus
materials and construction methods, and
2) Specifications for all planned installations, and
3) Dia�ams of proposed Antenna Facilities, and
4) A complete and detailed inventory of all equipment and personal properiy of
Lessee.
Construction Plans shall be easily readable and sub}ect to prior written approval by
the Construction Engineer, which shall not be unreasonably withheld, conditioned
or delayed.
(b) Construction SchedulinQ.
At least three (3) days prior to Lessee' s construction mobilization, Lessee shall
conduct a pre-construction meeting on the Properiy. Said meeting shall be attended
by the Construction Engineer, Lessee's representative and all parties involved in the
installation.
(c) Construction Inspection.
All construction activity
Construction Enganeer. If
shall be subject to inspection and approval by the
deemed necessary or desirable by the Construction
Engineer, constructionworkperformed without di:ect inspection and approval ofthe
Construction Engineer will not be accepted and shall be removed or uninstalled at
Lessee's sole expense.
L,essee shall be solely responsible for al costs associated with said inspection and
approval by Construction Engineer at a cost not to exceed $1,500.00.
(d) Dama�e bv Lessee.
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.
6. Maintenance and 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, building, and other life
safety codes, and shall repair any part of the Property that was damaged by Yhe
Lessee's installation and operation.
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(b) Lessee shall have sole responsibility for the maintenance, repair, and security of its
equipment, personal property, Antenna Facilities, and leasehold improvements, and
shall keep the same in good repair and condirion during the Lease term. All Antenna
Facilities and appurtenances affised to an existing structure shall be painted the same
color as said structure. Cables shall not be painted on the site, but shall instead be of
a color sufficiently close to that of the Structure, as approved by Lessor.
(c) Exceptinemergencysituarions,LessorshallprovideLesseewithpriorwrittennorice
of at least thirty (30) days when Lessor repairs the Siructure. 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, Lesse's equipment, personal
property and Antenna Facilities, and to protect the same from palnt and debris fallout
which may occur during the paint restoration process or repairs. In the event that
Lessor's painting or repairing of an existing shucture or the Property causes Lessee's
operation of the Antenna Facilities to be interrupted, Lessee may maintain a mobile
site on the Property or, after approval by Lessor, on any land owned or controlled by
Lessor in the immediate area ofthe Property. Renf shall be abated on a prorated daily
basis during such interruptions if the interruption lasts for longer than thirfy (30)
days.
7 Pro�ertv Access.
(a) Lessee shall have access to the Leased Premises and Property twenty-four (24) hours
a day, seven (7) days a week by means of existing access in order to install, remove,
repair, operate, and maintain its Antenna Facilifies. IfLessee must access the Leased
Premises or Properiy while activities are taking place, it shall first attempt to
establish contact with the on-site Recreation Center Staff, phone 651-298-5719, in
order to coordinate access in the most safe and least disruptive manner possible.
(b) Lessee may, 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.
(c) Lessor retains the right to examine and inspect the Leased Premises for safety reasons
and to ensure that Lessee's covenants are being met. Lessor shall be liable for, and
hold harmless Lessee from, any damage to the Leased Premises or to Lessee's
equipment and Antenna Facilities caused by Lessor in exercising its right to examine
and inspect the Leased Premises.
8. Utilities.
Lessor makes no representations that utilities adequate for Lessee's use of the Leased
Premises are available. Lessee will pay for all 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.
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9. Personal Proper-iv and Real Estate Taxes.
If any of Lessee's improvements constructed on the Leased Premises should cause the
Properiy, 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 property taYes direcfly attributable to Lessee's equipment,
provided Lessor shall give Lessee prior written notification of such tases so that Lessee will
kave the opporhxnity to appear before the taxing authority to contest such taxes.
Notwithstanding Lessee's right to contest such tazes, Lessee shall pay its share of such tases
within ninety (90) days of receiving notice of the same.
10. Co�liance and Statutes. Regulations, and Approvals.
Lessee's use of Yhe Leased Premises herein is contingent upon its obtaining all certificates,
permits, zoning, and other approvals that 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 oz federal or local or municipal statutes,
ordinances, rules, or regulations now in effect, or that hereafter may be issued by the FCC
or any other governing bodies, and in accordance with any Leased Premises standards
annexed hereto as Exhibit "D," Technical Minimum Site Stundards.
Il. Inter; erence.
(a) All frequencies proposed for initial use shall be evaluated by Lessor's registered
professional radio frequency engineer ("RF Engineer"), and Lessee shall pay all costs
of said evaluation. RF Engineer shall provide said evaluation no later than thirty (30)
days after frequencies are provided to him by Lessee. Lessee shall not transmit or
receive radio waves at the Properiy until such evaluation has been satisfactorily
completed.
(b) Lessee shall provide at least thirty (3�) days written notice to Lessor before
modifying or placing additional transmitter or receiver frequencies on the Leased
Premises. Said notice shall describe all equipment and frequencies proposed to be
added ar modified and shall be subj ect to review and approval by the RF Engineer,
which shall not be unreasonably withheld, conditioned or delayed. Said review shall
consist of necessary interference studies to ensure that the modified or additional
frequencies will not cause harnlful radio interference to Lessor's Operations or the
operations of Lessor's existing tenants. Lessee shall pay all costs far any such
interference studies. In the alternative, Lessee may perform the interference studies
and submit the results to the Lessor for review and approval. However, the Lessor,
in its sole discretion, shall retain the right provided herein to submit the study results
to the RF Engineer for review at Lessee's sole expense.
(c) Lessee's installation, operarion, and maintenance of its Antenna Facilities shall not
damage or interfere in any way with Lessor'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, maintain, alter, or improve
the Property in connection with Lessor's Operarions as may be necessary. For all
substantial unprovements or repairs, Lessor agrees to provide Lessee with at least
sixty (b0) days advance notice of the same and to reasonably cooperate with Lessee
to carry out such activities with a murimum amount of interference to Lessee's
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transmission operations. Forminorrepairs ormaintenance, Lessor agrees to givetwo
(2) days advance norice of any such activities to I,essee and to reasonably cooperate
with I.essee to cany out such activities with a min;mum amount of interference to
I,essee's transmission operarions. Nonetheless, if Lessor's use of the Property does
cause interference with Lessee's operation, 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 vrunediate threat of substantial harm or damage to persons
and/or property on the Leased Premises, Lessor may enter the Leased Premises and
take such actions as are requued to protect individuals orpersonal properiy from such
immediate threat of substantial hann or dasnage; provided that promptly after such
emergency entry 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 enhy onto
the Leased Premises.
(d) In its use of the Leased Premises, Lessee may not interfere with Lessor's Operations
or otherparties who were occupants ofthe Propertypriorto the Commencement Date
of this Lease, provided that the equipment used by Lessor or other occupants is,
operating 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 standards. In the event Lessee cannot correct the interference,
Lessee shall have the option to terminate this Lease without further liability
hereunder, upon sixty (60) days written notice to Lessor. Lessee shall not be
responsible for interference that results from a change in the operations of other
parties after the Commencement Date of this Lease.
(e) Lessor will not grant 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 of the Property to additional parties that permits the
installation of communications equipment shall be conditioned upon not interfering
with Lessee's use of the Leased Premises, and shall be terminated if interference
occurs and is not corrected within a reasonable time. Notwithstanding the foregoing,
Lessee acl�owledges 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 wark
cooperarively 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 will 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 condifions set
forth in B�ibit "D," Technical Minimum Site Standards.
(fl Lessor in no way guarantees to Lessee noninterference with Lessee's transmission
operations, provided, however, that in the event that any other party requests
permission to place any type of additional antenna or fsansmission facility on the
Property, the procedures of this Section shall govern to determine whether such
antenna ar transmission facilitywill interfere with Lessee's transmission operations.
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Tn the event I,essor receives any such request or proposal from a party seeking to
lease space on the Property, Lessor shall submit the proposal, complete with all
technical specifications reasonably requested by Lessee,to Lessee for review for
noninterference. Lesseeshallhauethirty(30)daysfollowin�receiptofsaidproposal
to make any objections thereto, and failure to make any objecrion within said thirLy
(30) dayperiod shall be deemed consent byLessee, subject to interferenceprovisions
of para�aph 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.
(g) In the event that Lessee or other tenants on the PropeYcy experience interference of
their approved frequencies and they cannot reach agreement as to the cause and
remedy of such interference, the RF Engineer shall determine such cause and remedy
and Lessee shall abide by the RF Engineer's determination. Lessor agrees that it will
require the same obligation of all such future parties in any lease or agreement with
such other parties.
{h) 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.
12. Termintttion.
Except as otherwise provided herein, this Lease maybe tem�inated by eitherpariyupon sixty
(60) days written notice to the other pariy for the following reasons:
(a) By either party upon a default of any covenant or term hereof by the other party;
which default is not cured within sixty (60) days of receipt of written no6ce of
default to the other party (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 completed within sixty (60) days, within such reasonable time as may be required
provided the defaulting parry commences the cure within thirty(30) days of receipt
of written notice of default and diligently pursues such cure to completion.
(b) By Lessee if it is unable to obtain ar maintain any license, permit, or other
govemmental approval necessary for the construction and/or operation of the
Antenna Facilities or Lessee's business;
(c) By Lessee if the Leased Premises is or becomes unusable under Lessee's desi� or
engineering specifications far its Antenna Facilities, or communications system to
which the Antenna Facilities belong;
oY-��h
(d) By Lessor, if it determines, after review by an independent structural en�neer, that
the Property is structurally unsound, including but not limited to consideration of age
ofthe Structure, damage or destrucrion of all orpart ofthe Property from any source,
or factors relating to condition of the Properiy; or
(e) By I,essor if I,essee 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.
I3. Insurance.
(a) Lessee shall obtain and maintain adequate insurance to protect the parties against any
and all claims, demands, acrions, judgments, expenses, and liabilities that may arise
out of or result from Lessee's use of the Leased Premises. Any applicable liability
policy shall list the Lessor and the City of Saint Paul as additional insured, and shall
provide that it will be the primary coverage. The insurance coverage must include,
at a minimum, 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 Dollars ($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, priar to the Commencement Date and before each
Renewal Term of this Lease, evidence of the required insurance in the form of a
certificate ofinsurance issuedby 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 thirty (30) days written notice to Lessor.
I4. Indemnitv .
Lessee agrees to indemnify, defend, save, and hold hannless the Lessor and the City of Saint
Paul, and/or any agents, officers or employees thereof from all claims, demands, actions, or
causes of action of whatsoever nature ar 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 of the Leased Premises, or as a result of Lessee's operations
or business activities taking place on the Leased Premises, provided the same is net due to
the contributorynegligence or willful misconduct ofthe Lessor, the City of Saint Paul and/or
any agents, officers, or employees thereo£ It is fizlly understood and agreed that Lessee is
aware of the conditions of the Leased Premises and leases the same "as is. "
o� -���
I5. Damage or Destruction.
If the Properiy or any portion thereof is destroyed or dasnaged so as to hinder its effective
use, Lessee may elect to terminate this I,ease upon thirty (30) days written norice to Lessor.
In such event, all rights and obligations of the parties shall cease as of the date of the damage
ar desiruction and L,essee shall be enfitled to the reimbursement of any rent prepaid by
Lessee, prorated to the date of the event.
I6. Notiees
All notices, requests, demands, and other communications hereunder shall be in writing and
shall be deemed given when personally delivered or mailed, certified mail, return receipt
requested, or by a nationally reco�ized courier service, to the following addresses:
If to Lessor, to:
Division of Parks and Recreation
25 Fourth Street West, Suite 300
Saint Paul, MN 55102
Attn: Mike Hahm
If to Lessee, to:
VoiceStream Nlinneapolis, Inc.
C10 T-Mobile USA
8550 W. Bryn Mawr Ave., Suite 100
Chicago, TL 60631
Attn: Lease Administration (Minneapolis)
With a copy: Legal Department
And, to:
VoiceStream Minneapolis. Inc.
C/o T-Mobile USA
12920 SE 38�` Street
Bellevue, WA 98006
Attn: PCS Lease Administration
With a copy to: Legal Department
I7. Re�esentations 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 ofrecord; (iii) Lessee shall have quiet enjoyment of
the Leased Premises during the term of this Lease in accordance with its terms.
CXf-!o4(
(b) Lessor represents that it has no l�owledge of any substance, chemical or waste on
the Property that is identified as hazazdous, to�c or dangerous in any applicable
federal, state or local law or regulation as defined in para�aph 17 (c) of this Lease.
Lessor will be solely liabie for and will defend, indemnify and hold Lessee, its agents
and employees hazmless from and against any and all direct clauns, costs and
liabilities, including reasonable attorneys' fees and costs, arising out of or in
connection with the removal, cleanup or restoration of the Property with respect to
hazardous, toxic or dangerous materials from any and all sources other than those
hazardous, toxic or dangerous materials introduced to the Property by Lessee.
Lessee represents and warrants that its use of the Leased Premises herein will not
generate and it will not stare or dispose on the Property nor transport to or over the
Property any hazardous substance, chemical or waste contrary to any law or
regulation. Lessee fiu agrees to hold Lessorharmless from and indemnify Lessor
against any release of any such hazardous substance, and any damage, loss, expense,
or liability resulting from the breach of this representarion or from the violation of
any state or federal law by such release associated with Lessee's use of hazardous
substances, including payment of a11 reasonable attomeys fees, costs, and penalties
incurred as a result thereof, except far any release caused by the negligence or willful
misconduct of Lessor, its employees, or agents.
(c) "Hazardoussubstance"shallbeinterpretedbroadlytomeananysubstanceormaterial
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, orlocal environmental law, regulation orrule presently in ef£ect orpromulgated
in the future, 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 are 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.
I8. No Liabilit�on Lessor:
Except due to Lessor's willful misconduct or gross negligence, Lessor shall not be liable for
any damage to Lessee's equipment ar facilities, and Lessor sha11 not be liable for vandalism
or malicious mischief caused by third parties, known or ui�iown, to Lessee's equipment or
facilities, nor shall Lessor be liable for any lost revenue, business or profits of Lessee. Lessor
shall not be liable for any damage related to activities known or uulalown that are incidental
to the public use of and access to parkland. Notwithstanding anything to the contrary in this
lease, in no event will Lessee be liabie to Lessor for, or indeuu�ify Lessor against, punitive,
indirect, incidental, special or consequential damages, including, without limitation, loss of
profits, income or business opportunities.
o�f-��1�
I9. Assignment
(a) Lessee may not assi� or sublet this L,ease without the prior written consent of
I,essor, which consent shall not be withheld, conditioned ar delayed without
reasonable cause. Notwithstanding the provisions of this para�aph, L,essee shall
have the right, without Lessor's consent, to assi� this Lease to any financially
responsible parent, subsidiary, or affiliate of L,essee 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 I,ease.
(b) The parties acl�owledge that this is a nonexclusive lease. Nothing.in this Lease shall
preclude Lessor from leasing other space on the Property to any other person or entity
which may be in competation with Lessee, ar any other party, subject to the
conditions set forth in Section 11. Interference.
20. Successors andAssigns.
This Lease shall run with the Property. This Lease shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
21. Surrender of Premises
At the expiration of the initial term of tlus Lease, ar any Renewal Term, or any earlier
termination ofthis Lease, Lessee shall quitpeacefullyand surrenderpossession ofthe 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 property, Antennas
Facilities, aand leasehold improvements from the Property on or before date of expiration or
termination, and shall repair any damage to the Property caused by such equipment, all at
Lessee's own cost and expense.
22. Markine and Li2hting Reyuirements.
Lessor aclrnowledges that it shall be responsible at Lessor's sole cost and expense, for
compliance with all building marking and lighting requirements that the Federal Aviation
Administration {"FAA") may require with respect solely to the height of Lessor's Structure.
The responsibility, laowever, is expressly limited to the requirements that would be required
of a cell tower / light pole having no communications equipment installed on it, irrespective
of Lessee's antennae. Lessor shall indemnify and hold harmless Lessee from any fines ar
other liabilities caused by Lessor's failure to comply with such requirements for the
Shucture. Further, should the FAA cite Lessee or in the event any claims are brought against
Lessee because the Structure alone is not in compliance, as opposed to the Structure and
Lessee's antennae, then Lessor shall indemnifyLessee for full costs, liabilities, damages and
expenses, including reasonable attorney's fees. Further, if Lessor does not cure the
conditions of noncompliance on the Structure within the time frasne allowed by the citing
agency, Lessee may temunate this Lease immediatelywithout any further liabilityhereunder
upon written notice to Lessor.
o�f-���
Lessee aclrnowledges that it shall be responsible at L,essee's sole cost and expense, for
compliance with all building marldng and lighting requirements that the FAA may require
with respect to Lessee's antennae. In the event the FAA determines that the Structure needs
to be marked, lighted, or in any way modified due to the existence of Lessee's antennae,
Lessee shall have the option to mark and light the Structure at its own expense, or to
terminate this Lease, pursuant to Section 12. Teimination, and remove all its equipment at
its own cost without any further liability to either pariy hereunder upon thirty (30) days
written notice to Lessor. Said marldng, lighting and modifying shall be subject to prior
written approval by Lessor, such approval not to be withheld, conditioned or delayed
without cause. Lessor shall approve or obj ect to such plans within fliirry (30) days ofreceipt,
and failure to make any obj ection within said thiriy (30) day period shall be deemed approval
by Lessor.
23. RF Com li�
(a) The RF Engineer will perform a radiation survey of the Property following Lessee's
initial RF transmissions on the Leased Premises. Lessee shall pay the costs for such
survey.
{b) Lessee shall implement all measures at the transmission site required by FCC
regulations, including but not limited to posting signs and markings. Lessor sha11
cooperate with and permit Lessee to implement all reasonable measures in order for
Lessee to fulfill its Radio Frequency exposure obligations. Lessor agrees that in the
event any future party causes the entire site to exceed FCC Radio Frequencyradiation
limits, as measured on the Leased Premises, Lessor shall hold such future pariy liable
for all such later-arising non-compliance.
24. Third Partv Ap�rovals, In cnections and Evaluations.
The Lessee shall be responsible for all costs associated with obtaining required reviews,
approvals, inspections, studies surveys or evaluations, whether required by this Lease or by
other governing authorities
25. Miscellaneous.
(a) Each party a�ees to furnish to the other, within thirty (30) days after notice ofreceipt
of the request, such truthful estoppel information as the other pariy may reasonably
request.
(b) This Lease constitutes the entire agreement and understanding of the parties and
supersedes any and all offers, negotiations, or other a�eements of any kind. There
are 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 byboth
parties. No provision of this Lease will be deemed waived by either party unless
expressly waived in writing by the waiving party. No waiver shall be implied by
delay or any other act or omission of either pariy. No waiver by either party of any
provisions of this Lease shall be deemed a waiver of such provision with respect to
o�-�, S��
any subsequent matter relating to such provision. This Lease may be executed in
multiple counterparts, each of which shall be deemed an orignal, but all of which
together shall constitute a single instrument.
(c) This Lease shall be consirued in accordance with the laws ofthe State of Niinnesota.
Any legal acrion may only be commenced and proceed in the relevant district court
in Ramsey County, Saint Paul, Mizmesota.
(d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect
the remaining terms of this Lease, which shall continue in full force and effect.
(e) Upon request by Lessee, Lessor a�ees to execute a recordable Memorandum ofthis
Lease.
(fl E�ibits A" through "E" listed below are hereby incorporated into this Lease by
reference.
E�ibit "A" - Legal Description and Site Plan
Exhibit "B" - Antenna Facilities and Frequencies
E�ibit "C" - Memorandum of Lease Recording
Exhibit "D" - Technical Minimum Site Standards
Exhibit "E" - Agreed Special Conditions
� �o��o
IN WTTNESS WHEREOF, the parties hereto have executed this Lease, the day and year first
above written.
Lessor:
APPROVED:
FIN 41-6005521
Approved as to form:
�
Assistant City Attomey
CITY OF SAINT PAUL:
:
By
By
Lessee:
APPROVED:
Mayor
City Clerk
Director, Parks and Recreation
Director, Office ofFinancial Services
Its Legal Counsel
By
Greg Cisewski Vice President, Engineering
oY-� �f�
E��TT A
Legai Description
The Property is Iegalty described as follows:
Part of NW '/. of NE'/. o£ SEC 33 TN 29 RN 22 N& W of BLK 4 A. Gotcians RE & Strykers ADD E of EL of
Earl St & S of SL of Beech St also, alt of Strykers ADD & In SD A Gotcians RE, all of BLK 4
Site Plan Attached Hereto:
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Collocation Technical Data Sheet
T-Mobile has the following paramaters:
PCS B block, channels 612 — 685
Base station Tx frequencies:
Base station Rz frequencies:
Modulation/Standard:
Maximum EIIZP:
Channet Bandwidth:
1950 - 1965 MHz
1870 —1885 MHz
GMSK
+58dBm (43dBm + 18dBi gain antenna less 3dB coaz loss)
200 KHz
Antenna Information: EMS RR65-19-02DP Antenna Size
Gain = 18.SdBi 72" x 6" (diameter)
Azimuth beam width = 65° Weight � 23 lbs. including
Elevarion beam width = 4.5° mounring hardwue
(Desired) T-Mobile PCS Antenna Height: Approx. 97 ft. (center of antenna)
Standard Antenna configurarion:
Goveming FCC Rules:
1 antenna per sector
3 sector design, 120° each
Center of sectors at 0°, 120° and 240° wrt TRUE NORTFI
Horizontal Spacing: 10'
Code of Federal Regulations
Title 47 (Telecommunications)
Part 24 (subpart E)
Out of Band Emissions: Section 24238 (a) On any frequency outside a licensee's frequency block, the
power of any emission shall be attenuated below the transmitter power (P) by at
least 43 + 101og(P)dB. This is an FCC requirement. Below are the equipment
specificarions:
Note that F= frequency of other party and
Fbe = frequency at block edge, for B block Fbe = 1950 and 1965 MHz
Intermodulation Levels:
AC power requirements:
AC input voltage
AC input current
Out of block: r-13 dBm/12.SkHz for ( F— Fbe �<=1 MI3z
<-13 dBm/MI3z —1.2 dB/MHz � F- Fbe � for
1 MHz<I F- Fbe' <=65 MAZ
<-90 dBm/MHz for: � F- Fbe (>65 MHz.
Compliant per EN 300 386-2 and 47 CFR Ch 1, Part 15, Subpart B
208/240 VAC, 50/60 Hz, single phase
25A/phase (ADUA), 40A/phase (ADBI�
EXHIBIT "B"
�y -�5��
EXHIBTT C
Memorandum
of
Lease Recording
SiteN�ber: A1N918 Vecsiw10.2-01
SeeName: MaigaretRecCCIlYCL
d�{-loylo
Memorandum of Lease
Assessor's Parcel Number: 33-29-22-12-0183
Between TAE CTTY OF SAIN1' PAiJL, a municipal corporarion under the laws of the State of Minnesota ("Landlord")
and VoiceStream Minneapolis, Inc., a Delaware corporation ("TenanY')
A Site Lease with Option (the "Lease") by and between Tf� CIT'1 OF SA1N'I' PAi7L, a municipal corporation under
the laws of the State of Minaesota ("Landlord") and VoiceSheam Minueapolis, Inc., a Delawaze corporarion ("TenanP')
was made regazding a portion of following the property:
See Attached E�ibit "A" incorporated herein for ail purposes
The Option is for a term of six (6) months after the Effective Date of the Lease (as defined under the Lease), with up to
one addirional six (6) month renewal("Optional Period").
The Lease is for a term of five (5) yeazs and will commence on the date as set forth in the Lease (the "Commencement
Date"). Tenant shall have the right to eatend this Lease for three (3) addifional fivo-year tenns.
IN WITNESS WHEREOF, the pazries hereto have respecrively executed this memorandum effective as of the date of
the last pariy to sign.
SiteNumber. A1N918 Version10.2-O]
Srte Name: Margaret Ra CCIIYCI'
04-�Oy(a
LANDLORD: THE CIT'Y OF SAIId'1' PAIJI., a municipat corporation under the laws of the State of Minnesota
By:
Prirted Name:
Its:
Daze:
LANDLORD:
By:
Printed Naate:
Its:
Da[e:
LANDLORD:
By:
Printed Name:
Its:
Date:
LANDLORD:
By:
Primed Name:
Its:
Date:
r�.i:f.i�
By:
Printed Name:
Its:
Date:
Mavor
Citv Clerk
Director Pazks and Recreation
Directoc Office of Financial Services
VoiceStream Minneapolis, Inc., a Delaware corporation
Gree Cisewsld
Vice President Engineerine
sitex�tei: alx9ls veistonla2-ol
SiteName: MalgaretRecCCIlt2I
(Notary blockfo�l,ax8o�d/
[Natmy blockfor Corpo�ation, Pa,[nership, Limited Ziabilriy Campmry]
STATE OF MINNESOTA )
) ss.
COT.IN"I'Y OF RAMSEY )
This ins[rument was aclmowledged before me on by , Mayor of
TF� CIT'Y OF ST. PAUI. a municipal cotporation under the laws of the State of Minnesota, on behatf of said CI1'P OF ST.
PAUL.
Dated:
(Use this space for notary stamp/seat)
Notazy Public
Print Name
My commission
(Notary block jm LandlordJ
jNotary block jor Corpora[ion, Par[nership, Limited Laabt&ty CompanyJ
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
This instrument was aclmowledged before me on by City Clerk
of Tf� CITY OF ST. PAITL a mmmicipal wrporation under the laws of the State of Minnesota, on behatf of said CITY OF ST.
PAUL.
Dated:
Notary Public
Print Name
My commission exp'ues
{Use 8ris space for notary stamp/seat)
SIIeN�mber. AIN918 Versio¢10-2-0I
Si[eName: MargaretRecCCllYCL
a�l-�y�o
jNotaty block forl.andlordJ
jNotary blockfor CnrQorafion, Parinaslu'p, Li»uted LiabiGty Comparry)
STATE OF MINNESOTA )
) ss.
COLTNTY OF RAMSEY )
This uist�vment was aclmowledged before me on by Director,
Pazks and Recreation of T[-IE CTTY OF ST. PAUL a municipal coTporation under The laws of the State of Minnesota, on behaif
of said CITY OF ST. PAill.
Dated:
space for notazv
Notary Public
Print Name
My commission expires
(NMary block jo� Zandlordf
(NMary b[ockfor Corporalian, Partnership, Liraited Liabiliry Campairy]
STATE OF MIlVIQESOTA )
) ss.
COLJNTY OF RAMSEY )
This instrument was aclmowledged before me on by Director,
Office of Financial Services of Tf� CITY OF ST. PAiTL a municipal corporallon under the laws of the State of Minnesota, on
behalf of said CIT'Y OF ST. PAi7L.
Dated:
Notary Public
My commission expires
SrteN�rmber: A1N918 Ve�on10-2-0t
Si@Name: MargaretRecCCIIYC7
04-���
(Notmy blockfor TenantJ
STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that Greg Cisewski is the person who appeared before
me, and said peison aclmowledged that he signed this instrument, on oath stated that he was authorized to execute
the inshument and acimowledged it as the Vice President, Engineering of VoiceStream Minneapolis, Inc., a
Delaware corporation, to be the free and voluntary act of such party for the uses and piuposes menrioned in the
instnmment.
Dated:
Notazy Public
Print Name
My commission expires
space for notary stan�p/seal)
SiteNumber. AIN918 Versioal0-2AI
SiteName: MargaretRttCORYEP
O�l -lo� �
Memorandom of Lease EJ�EIIBIT A
Legal Descripfion
The Property is legatly descri6ed as follows:
Part of NW '/. of NE'/. of SEC 33 TN 29 RN 22 N& W of BLK 4 A. Gotzians RE & Strykers ADD E of EL of Earl St & S
of SL of Beech St also, alI of Strykers ADD & In SD A Gottians RE, all of BLK 4
SrteN�mber. A1N918 Vecsio¢10.2-01
Site Name: Margaret Rec COIltEI
o�¢ -64�
TECHI�iICAL NIINIMUM SITE STANDARDS
Saint Paul Parks and Recreafion Tower Antenna Site
All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of
attenuation to any intemal RF sigials. Desk-top base stations and open racks cannot be used
without special approval. Additional shielding kits may be required.
2. At least 60 db of isolation 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. M�imum transmitter power allowed into the antenna feed line sha11 be 110 watts per
transmitter. Higher power levels will be considered on a case-by-case basis. Additional
protective devices may be required.
4. Only jacketed copper Helias cable shall be pernutted 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 single shielded cable will not be allowed.
Proposed transmitters that will cause second order, third order or fifth order intermodulation
products on e�sting receiver frequencies will not be pennitted on the site. A receiver with
the same frequency as an existing second order, third order or fifth order intermodulation
product at the site will not be permitted on the site.
6. All transmitters shall be equipped with band-pass cavities that will provide at least
the following attenuarion of side band noise, if needed:
40 MFIZ band: Sd db at 1 MHZ
150 MI-TZ band: 50 db at 1.5 MHZ
450 MHZ band: 50 db at 2.5 MHZ
800/900 MHZ band: 50 db at 10 MHZ
Microwave: 50 db at 20 MH7
EXH 1 BIT "D"
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T'ECH�ncaL Ivmvn�IUM sITE sTA1vnARns - continuea
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 agency.
8. Prior to approving any application for antenna space at the site, an engineering study will be
prepared by Lessor's communications engineer consisting of at least the following items:
a Intermodulation interference (Il� calculations of all transmitters and receivers
lmown to e�st in the area 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 regazding application
9. Plan and specifications to secure equipment to the tower must be submitted to and approved
by Saint Pau1 Aazks and Recreation prior to installation.
-End-
� . ,
EXHIBTT `B" AGREED SPECIAL CONDITIONS
Margaret Recreation Center
Margaret•
- a light pole replaced with a 100 foot cell tower.
-� 12,000.00 per year inirial rent, as specified in detail in article 3 of the Lease.
- one new light rack with 12(twelve) lights paid for by Lessee and
delivered to Lessor within the term of the Lease at the direction of the Lessor.
- existing light rack on the exisring light pole removed and relocated on
the new cell tower.
General Information
- the old light standazds at Margaret will be disposed
of by Lessee.
- the concrete bases at Margaret which cannot be used
for the cell towers according to Lessee, will be removed and disposed ofby
Lessee.
- all electrical needed for the cell towers and reconnecting the
existing light racks on the cell towers will be provided by Lessee.
G:�Recreation Adininistration\WP�Agreements�EXffiBIT E Mazgaret AGREED SPECIAL CONDITIOlVS CELL
TOWERS.wpd