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05-489Council File # ��1•� Green Sheet # � � �� �' RESOLUTION OF Presented PAUL, MINNESOTA ZZ 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 WHEREAS, the City of Saint Paul does possess fee simple fifle to the water tower site commonly laiown as the St. Anthony Water Tower Site located at 1515 North Cleveland Avenue, St. Paul, Miiuiesota 55114 (the "Properry"), such possession of fitle being for benefit of the Boazd of Water Commissioners of the City of Saint Paul (the "Boazd"); and WHEREAS, VoiceStream Minneapolis, Inc. desires to lease space at the Properiy from the Boazd to install and operate a wireless communication system; and WHEREAS, the Board did adopt Board Resolution No. 5023 which approved a Lease Agreement VoiceStream Minneapolis, Inc. and requested the Honorable Council of the City of Saint Paul, as possessors of title to the Property for benefit of the Board, likewise grant approval; now, therefore, be it RESOLVED, that the Lease Agreement dated between the Board of Water Comxnissioners of the City of Saint Paul and VoiceStream Minneapolis, Inc. ailowing the installation and operation of a wireless communication system at the Board's St. Anthony Water Tower Site is hereby approved and that the proper officers are hereby authorized to execute said Lease Agreement on behalf of the City of Saint Paul. Yeas Nays ` Absent Benanav ,� Bostrom ✓ Harris � Helgen ,/ Lantry ;/ Montgomery ✓ Thune ✓ - 1 C c� Adopted by Council: Date ���ne l ZI,�� Adoption Certified by CouncIl Secretary g � � � Approved by or: Date � B (c��dsLL�!/✓ Requested by Department of: Saint Paul Reeional Water Services �� .O �� . By: � 6 '.CdiQ_� General Manager � Form Appr�{ved by City Attomey � Mayor for � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ItnroM.nu..f/nR]nnlnn..n.-il. flatn Inifia}eA• � �•�� Wq — WarerUtiliry Contact Person 8 Phone: Steve Schneider 66274 17-MAY-05 _ i Green Sheet NO: 3026504 � i oeaaranerrc serrc i o rerson mmauuace 0 aterUdGri � Assign I 1 W�aterUtiliri � Deoar[mentDirector I NURIIIEf , Z 'ri Attnmev � ' � For I 3 vo�'s Office I Mavor/Assistant Routing Q�g� A 0➢OCII � i 5 'ri Clerk Citv Clerk Total # of Signature Pages _(Clip All Locations for Signature) Adopt CouncIl ResoluGon approving and authorizing execu6on of a lease agmt betwn the BWC and VoiceStream Minneapolis Inc allowing the installation and operation of a wireless communication system at the St Anthony Pazk Water Tower. Attachments: 1) May 6, 2004 letter from St Anthony Park Comm Council, 2) Council Resln No. 04-598, 3) Proposed Council Resolu6on, 4) Lease Agreement. Rewmmendations: Approve (A) or Rejed (R): Pianning Commission CIB Committee ... Civil Service Commission Service Contracts Must Answer the Following Questions: 1. Has this person�rm ever worked under a contrect for this department? Yes No 2. Has this perso�rm ever been a city employee? Yes No 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): VoiceSh�eam Minneapolis Inc., a.k.a. T-Mobile, desires to lease space on the Boazd of Water Commissioners St Anthony Pazk Water Tower at 1515 N Cleveland Ave to install and operate a wireless intemet system. AdvanWpes If Approved: Boazd of Water Commissioners will receive additional revenue. Disadvantapes If Approved: None. DisadvanWges If NotApproved: Revenue poten6al will not be realized. � owi amount ot Transaction: Funding Source: Fi nancial I nformation: (F�cplain) CosURevenue Budgeted: Activkv Mumber: C;4i=�P! �83f3�1fC�1 C9R�@$ ��� 2 4 2005 � ,: Staff Report May 16, 2005 Wireless communication Lease Agreement between Board of Water Commissioners and VoiceStream Minneapolis, Inc. 05- �s�°� This lease was approved by City Council Resolution No. 04-598 in 2004. However, VoiceStream Minneapolis, Inc. (VoiceStream) did not execute it at that time, as their Boazd of Directors imposed a moratorium on new leases. The lease before the council at this time is identical to the one previously approved, with only pertinent dates changed. Below is the council staff report from 2004: VoiceStream desires to instali and operate wireless communication equipment at the St. Anthony Park Water Tower site. The reguest includes placing six 6-foot tall panel antennae on the tower and 5-foot tall cabinets inside the structure base. Following negotiations with VoiceStream, staff prepazed the attached 5-yeaz lease that automatically renews for three additional5-yeaz terms and has a starting annual rent of $19,500 with 5% annual rent increases. The $19,500 annual rent amount consists of $18,000 for standazd system instailation and $1,500 for rent of interior storage. Also included is a provision to reestablish the rent amount using market comparison at the end of each 5-yeaz term, if desired by the Board. St. Anthony Park Community Council approved the installation at its May 13, 2004 meeting. In addition to VoiceStream being responsible for ali costs necessary to install and operate their system, the lease also requires that VoiceStream pay for the following: • Frequency intermodulation and site radiation studies to be performed by the utility's RF Engineering firm, Owl Engineering, Inc. • Plan review and construction inspection by the utility's water tower Engineering firm, Kollmer Consultants, Inc. See the following attachments: ➢ May 6, 20041etter of approval from St. Anthony Park Community Council ➢ Proposed Lease Agreement V dEngineering\CLERICAUBOARD�Resolutions�L£ASE�T-Mobile\St. Anthony_Ciry Council_OS-16-0S.doc 1'���'� ,������ ��.�����, �����t�f� St. Anthony Park Community Council William Tschida Commerce Building 8 4th Street East, Suite 200 Saint Paul, MN 55101 May 6, 2004 Deaz Mr. Tschida, o5-a�1 On Wednesday, Apri128`�', 2004 Christopher Coughlin, T-Mobile Consultant, attended the St. Anthony Pazk Communuty CouncIl's Environment Committee meeting to provide a summary for the neighborhood of the upcoming installafion of an antenna on the water tower at Cleveland and Hoyt. Enclosed please find a copy of the Environment Committee minutes from the Apri128`�' meeting. The St. Anthony Park Community Council appreciates your involvement with the community and hope you will continue to keep us informed as similar projects arise. ' Sincerely, �� Y� � Emily Farell Community Organizer St. Anthony Pazk Community Council 651-649-5992 890 Cromwell Avenue, Saint Paul, Minnescn 55114 + 651/649-5992 voice : 651/649-5993 fax � x U��� 4' k 3 7 ' P_eserte3 �-, �2�2_^_0C� :p c►� a Cc�tte_: ➢zt_ ��L" ,��� 3� t � �� 1� WFiEREAS, the City of Saint Paul does possess fee simple title to the water tower site commonly known as the St. Anthony Water Tower Site located at 15151�iorth Cleveland Avenue, St Paul, Minnesota » 114 (the "Property"), such possession of ritle being for benefit of the Board of Water Commissioners of the City of Saint Paui (the "Board"); and Wi�REAS, VoiceSiseam Minneapolis, Inc. desires to lease space at the Property from the Boazd to install and operate a wireless communication system; and 9 tiVEiEREAS, the Board did adopt Board Resolution No. 4966 which approved a Lease 10 A� VoiceStream Miuneapolis,-dne. and requested the Honorable Council of the 11 City of Saint Paui, as possessors of title to the Property for benefit of the Board, likewise 12 �ant approval; now, therefore, be it 13 � 14 1� 16 17 18 RESOLVED, that the Lease A�reement dated between the Boazd of Water Commissioners of the City of Saint Paul and VoiceStream ylinneapolis, Inc. allowin� the installation and operation of a wireless communication system at the Boazd's St. Anthony �Vater Tower Site is hereby approved and that the proper officers aze hereby authorized to execute said Lease A�eement on behalf of the City of Saint Paul. Reycesr�� 5; T'�_ _—..�t o:. Saint Paul Reaional Water Services +�'r ����1//\ General Manager =.GO'vCC2 CC.._.�.� O;� COL'=.� See9! R ES O LUTI O N Grz_r 5?:e�t r NT PAUL hilt�'��c�OT� � FOG' �=wC. , ����Aii,.. ��! vS-�►�t SITE LEASE AGREEMENT Between Board of Water Commissioners of the City of Saint Paul and VoiceStream Minneapolis, Inc. This Site Lease Agreement ("I.ease") is entered into this 10�' day of May, 2005, between the BOARD OF WATER COMIVIISSIONERS OF THE CITY OF SAINT PAUL, a municipal corporation under the laws of the State of Minnesota ("Lesso�"), and VOICESTREAM MINNEAPOLIS, INC., a Delaware corporation, whose address is 8550 West Bryn Mawr, Suite 100, Chicago, Illinois 60631 ("Lessee"). In consideration of the terms and conditions of this Lease, the parties agree as follows: 1. Leased Premises. Lessar hereby leases to Lessee certain space located at and on the Lessor's St. Anthony Park Water Tower Site located at 1515 North Cleveland Avenue, Saint Paul, Minnesota 55108, which is legally described in attached Exhibit "A," Legal Description and Site Plan. The water storage facility and its appurtenances ("Structure"), and the L,essor's land upon which the Structure is situated are collectively called "the Property." The property interest leased and granted by the Lessor to I.essee (collectively, the "Leased Premises") consists of the following: • space inside pedestal comprised of appro�mately usable square feet; • structure exterior space for attachment of antennas at FAGL; • space required for cable runs to connect equipment and antennas; • non-exclusave easements required to run utility lines and cables; • a non-exclusive easement across the Property for access. No other space or property interests aze being leased to L,essee except as described above and as described on Exhibit "A," Legal Description and Site Pdan. 2. Terms/Renewals. (a) The initial term of this Lease shall commence on the date of Saint Paul City Council approval, (the "Commencement Date"), and shall terminate on December 31, 2009. I.essee and L,essor agree to enter into an addendum to this L,ease conf`u7ning the Commencement Date, as contained in Exhibit "C," Memorandum of Lease Recording. (b) I.essee shall have the right to extend this I,ease for three (3) additional five (5) year terms (each a"Renewal Term") subject to (c) below. (c) This Lease sha11 automatically be renewed for each successive Renewai Term unless Lessee is in default beyond applicable notice and cure periods of any of the terms or conditions of this I.ease, or unless I.essee norifies Lessar of its intention not to renew prior to commencement of the succeeding Renewal Term. V:�Engineezing\CI,ERICAL�BQARD\.Sgreeme¢ts�LEASEIT-Mobil\St. Anthony_OS-10-OS.doc os-�t81 3. Rent. Rent shall consist of Base Rent and such Additional Rent as may apply. L.essee shall make all payments of Base Rent and Additional Rent to Lessor at the following address: Board of Water Commissioners Attn: Bill Tschida 1900 Rice Street, Office Building Saint Paul, Minnesota 55113 Lessor's FTN number is # 41-6005521 If this Lease is terminated, pursuant to the terms and conditions of this I.ease, rent shall be pro- rated to the ternunation date or the date on which all of L.essee's equipment is removed from the I.eased Premises, wluchevez is latez. Within thirty (30) days after the date of the ternunation, Lessor shall return to Lessee any amounts that Lessee has prepaid to Lessor. I.essee shall pay all rent annually in advance, as indicated in the payment schedule below: (a) Base Rent. I.essee shail pay L.essor, as ,rent, the sum of Nineteen Thousand Five Hundred and No/Dollars ($19,500) ("Annual RenY'), per year based upon Lessee's installarion and operation of the antenna facilities and frequencies identified in Exhibit "B," Antenna Facilities and Frequenczes, ("Antenna Facilities"), as is more fully described in Section 5. Installation of Equipment ancl Leasehold Improvements. The first year's Annual Rent shall be pro-rated to the end of 2005, and shall be paid within sixty (60) days after the Commencement Date. Thereafter, the Annuai Rent due hereunder shall be paid prior to January first of each succeeding year. L,essee may not install and/or operate any additional antennas or related equipment beyond those Antenna Facilities and frequencies idenfified in Exhibit "B," Antenna Facilities and Frequencies without the prior written consent of L.essor, such consent not to be withheld or delayed without cause. (1) Annual Increase Commencing January 1, 2006, and on 7anuary 1 of each subsequent year, the Annual Rent shatl be increased 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: I.essor shall notify Lessee in writing of its 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, I.essor shall provide the I.essee with at least five (5) annual rents for similar water tower sites with similaz antennae and equipment in the Minneapolis and Saint Paul metropolitan area as examples of prevailing matket rents. V:�EngineeringlCLERICAUBOAFtD�AgreemencsVb'ASE\T-Mobil\St Anihony_OS-10A5.doc 2 ���t � If L,essee does not concur with L.essor's percepfion of the prevailing mazket rate as evidencedbyLessor's providedzents, Lessee may provideLessor, in writing, with at least five (5) current lease rents paid by I,essee for similar water tower sites in the Minneapolis and Saint Paul metropolitan area. 'The two highest and two lowest rents provided by I,essor and L,essee shall be discarded, and the remaining rents from both parties shall be added together and averaged. The Base Rent for the fust yeaz of each Renewal Term shall be either the figure calculated above by means of (1) Annuai Increase, or (2) Re-evaluation at Renewal Term, whichever is greater. However, in the event I.essor provides to L.essee said written request for re-evaluafion and list of similar rents at least sixty (60) days prior to the end of each five (5) year term list and I.essee subsequently fails to provide its list of similar rents by the end of the five (5) year term, Base Rent for the first yeaz of the next Renewal Term sha11 be as determined by (2) Re- evaluation at Renewal Term above. In no event shall the annual installment of rent due hereunder, following such adjustment or review, be less than the amount of such installment in the previous year increased by five percent (5%). Additional Rent. Additional Rent means all amounts, other than Base Rent provided for in paragraph 3(a) above, that Lessee sha11 be obligated to pay under this paragraph or any other pazagraph of this I,ease. Additional Rent shall include the following fees, costs and expenses: (1) costs for the repairs, improvements, or alterations required to be made by L.essee in Section 6. Maintenance and Repairs; (2) all tazces on equipment personally owned by Lessee, general, or special. As a condition of Lessee's obligation to pay any t�, I.essor sha11 provide Lessee documentation from the tascing 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 L,essor shall cooperate in any such appeal as reasonably requested by Lessee, all at L,essee's sole cost and expense; (3) a11 public utility rates, dues, and charges of any kind far utilities used by Lessee at the Lzased Premises; and (4) fees, costs, and expenses for property insurance and/or uninsured losses as set forth in Section I3. Insurance. In the event that L.essee does not pay the required Additional Rent to the appropriate pariy, I,essor may, at its oprion, and after thirty (30) days prior written notice to L,essee, make such payments. Upon Lessor's notice to L,essee that it has made these payments, those amounts become due and payable by Lessee within thirty (30) days. V:�Engineering\CI,ERICAUBOARD�.4greementsU.P.ASE�T-Mobil\St Anthony_OS-10-OS.doc �'�q 4. Use of Leased Premises. (a) Primarv Use of Propertv. The primary use and purpose of the Property, including the Leased Premises, is for a water storage structure and appurtenances to provide water service to customers of the Lessor ("Primary Use"). L,essor's operations in connection with pursuit of the Primary Use ("Lessor's Operations") take priority over I.essee's operations and Lessor reserves the right to take any action it deems necessary, in its reasonable discrefion, to repair, maintain, alter, ar improve the Property in connection with I,essor's Operations. (b) Je�ardv of Primary Use. In the event that the use of the Structure far water service is yeopardized because of Lessee's operations, L.essor shall provide written notice of such event to Lessee. I.essor and I.essee agree to work together to cure the occurrence that causes such jeopardy. In the event of severe jeopardy (e.g. an antenna falling into the water within the Structure), I.essee shall immediately cease operafions at that site until the time that the ixnmediate danger has subsided or been remedied. Only in the case of severe jeopardy may Lessor remove Lessee's equipment. TYvis seyere jeopardy would be deemed an emergency situation that poses an immediate danger. In the case of a non-severe jeopazdy (e.g. a loose cable that blocks access through a caged ladder), Lessee shall make a11 good efforts to cure such jeopardy witlun thirty (30) days of receipt of written notice of event. If I.essee does not cure such jeopardy within thirty (30) days of receipt of written notice of event, said occurrence of jeopardy shall constitute an event of default as otherwise defined in Section 12. Termination. If circumstances beyond the control of Lessee prohibit the jeopazdy from reasonably being cured within thirty (30) days, Lessee shall notify Lessor of such circumstances and commence actions required to cure the jeopardy (e.g. assessing the problem, ordering necessary equipment) within seven (7) days of I.essor's written notice of jeopardy and shall diligenfly pursue the cure to completion within a reasonable time thereafter. (c) L,essee's Use of Leased Premises. Lessee shall have the right, at its sole cost and expense, to install, operate, maintain, replace, store or remove its Antenna Faciliues and frequencies as shown in E�ibit "B," Antenna Facilities and Freqy�encies and in its duly approved construction plans, as described in Section. S Installation of Equipment and Leasehold Improvements. Lessee's use shall be non- exclusive and Lessor retains the right to lease space to other parties, provided that other parties' use of such space does not interfere with L.essee's operations. (d) Lessee's Ground Eguipment. The Property is located in a residenrial neighborhood. T'herefore, the design and appearance of ground equipment storage faciliries shall be subj ect to stricter standazds than may be usual and customary. Regardless of City of Saint Paul's minimai building pernut requirements, Lessee shall provide ground equipment storage facilities and landscaping screening that are consistent with other buildings and structures in the neighborhood, as solely determined by the I.essor. V:�Engineering\CLERICAUBOARDWgreemenrsU.,EASE�T-Mobil\St. Anthony_OS-10-OS.doc t�. os-y81 (e) Laws Governing Use. I.essee shall use the I.eased 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 regulations. This Lease is contingent upon I.essee zeceiving all permits, licenses or approvals from all local, state, or federal iand use jurisdictions or agencies for Lessee's permitted use of the I.eased Premises. Lessee shall, at its sole cost and expense, obtain all such necessary pernuts, licenses or approvals. Lessor agrees to cooperate with I.essee in Lessee's pursuit all such necessary permits, licenses or approvals, andLessee shall reimburse L,essor its reasonable costs to provide such cooperation. 5. Installation of Equipment and I.easehold Imvrovements. (a) Construction Plans. Far the initial installafion of all Antenna Facili6es and for any and all subsequent revisions and/or modifications of same, Lessee shall provide I.essor and L.essor's Water Tower Construction Engineer ("Construcfion Engineer").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; 2) specifications for all planned installations; 3) diagrams of proposed Antenna Facilities; 4) a complete and detailed inventory of all equipment and personal property of L.essee. Construction Plans shall be easily readable and subject to prior written approval by the Construction Engineer, which shall not be unreasonably withheld, conditioned or delayed. Lessee shall be solefy responsible for all costs associated with said review and approval by Construcflon Engineer at a cost not to exceed $1,500. (b) Construction Scheduline. At least three (3) days prior to L.essee's construction mobilization, I.essee shall conduct a pre-construction meeting on the Property. Said meering shall be attended by the Construction Engineer, I.essee's representative and all parties involved in the installation. (c) Construction Ins ecfion. All construcfion activity shall be subject to inspection and approval by the Construcfion Engineer. If deemed necessary or desirable by the Consfruction Engineer, construction work performed without direct inspection and approval of the Construction Engineer will not be accepted and shall be removed or uninstalled at L.essee's sole expense. Lessee shall be solely responsible for all costs associated with said inspecrion and approval by Construcfion Engneer at a cost not to exceed $1,500. (d) Damage by I.essee. Any damage to the Property, Leased Premises, or any equipment thereon caused by L.essee's installation and operations shali be repaired or replaced at Lessee's expense and to Lessor's reasonable satisfaction. V.�Engineexing�CS ERICAUBOARD�Agreements�LEASE�T-Mobil\St. Anthony_OS-10A5.doc 5 oS-�s1 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 Properry that may be damaged by Lessee's installation and operation. (b) Lessee shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold impzovements, and shall keep the same in good repair and condition during the Lease Term. All Antenna Facilities and appurtenances affixed to the Siructure shall be the same colar as the Shucture. Cables shali 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) Except in emergency situations, Lessor shall provide Lessee with not less than one hundred twenty (120) days prior written notice when Lessor paints or repairs its Structure. 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, I.essee's equipment, personal properry and Antenna Facilities, and to protect the same from paint and debris faliout 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 Property or, after approvai by L,essor, 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. Propertv Access. I.essor is in the process of revising its Security Plan, which includes procedures for accessing water tower sites. When revised, said Security Plan will controi access to the Property and the I,eased Premises by all outside persons, including I.essee's employees, agents and assigns. Upon final revision, I.essar shall submit a copy of said Security Plan to I.essee, and Lessee agrees it sha11 conduct its operafions on the Property and the Leased Premises in accordance with all requirements and conditions of said Security Plan. Subject to the requirements and conditions of said Security Plan, Lessee and I.essor agree to the following: (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 muntain its Antenna Facilifies. (b) Lessee may, at its own cost and expense, enter upon the Property to study and deternrine the Property's suitability for any other use of I.essee, which studies may include surveys, radio wave propagation measurements, or field strength tests. (c) L,essor retains the right to examine and inspect the I.eased Premises for safety reasons and to ensure that I,essee's covenants are being met. Lessor shail be liable for, and hold harn�less Lessee from, any damage to the I.eased Premises ar to L,essee's equipment and Antenna Facilities caused by L.essor in exercising its right to examine and inspect the L.eased Premises. V:�Engineering\CLERICAUBOARD�Agreements�I EASE�T-Mobil�St Anthony_OS-10-OS.doc o5•'�tet Prior to finai revision and submission of the Security Plan to Izssee, Lessee shall contact Chuck Kavaloski at 651-266-1664, or 651-775-6173 to obtain access to the Property and Leased Premises. 8. Utilities. I.essor makes no representations that ufllities adequate for I.essee's use of the Leased Premises aze available. I.essee will pay for all utilities used by it at the Leased Premises. Lessar will cooperate with Lessee in L,essee's efforts to obtain utilities from any locarion provided by I.essor or the servicing utiliry. 9. Personal Propertv and Real Estate Paxes. If any of Lessee's improvements constructed on the I.eased Premises should cause the Property, or any portion of it, to be taYed for real estate purposes, it shall be the liability of I.essee to pay that portion of such property taYes direcfly attributable to L.essee's equipment, provided Lessor shall give Lessee prior written notificacion of such taxes so that Lessee will have the opportunity to appeaz before the taxing authority to contest such taxes. Notwithstanding I.essee's right to contest such ta7ces, I.essee shall pay its share of such tases within ninety (90) days of receiving notice of the same. Z0. Compliance and Statutes. ReQUlations, and Annrovals. L.essee's use of the Leased Premises herein is contingent upon its obtaining all certificates, pernuts, zoning, and other approvals that may be reguired by any federal, state or local authority, including but not limited to an engineering study and a radio frequency interference study. Lzssee's AntennaFacilities and any otherfacilities shallbe erected, maintained, and operatedin accordance with a11 state or federal or local or municipal statutes, ordinances, rules, or regulations now in effect, ox that hereafter may be issued by the FCC or any other governing bodies, and in accordance with any I.eased Premises standards annexed hereto as E�ibit "D," Technical Minimum Site Standards. II. Interference. (a) All frequencies proposed for initial use shall be evaluated byLessor's registered professional radio frequency engineer ("RF Engineer"), and I.essee shall pay all costs of said evaluation. RF Engineer shall piovide said evaluation no later than thirty (30) days after frequencies are provided to him by L,essee. Lessee shall not transmit or receive radio waves at the Property until such evaluation has been satisfactorily completed. (b) L,essee shall provide at least thixty (30) days written notice to L,essor before modifying or placing additional transmitter or receiver frequencies on the L,eased Premises. Said norice shall describe all equipment and frequencies proposed to be added or modified and shall be subject to review and approval by the RF Engineer, which shall not be unreasonably withheld, condifioned or delayed. Said review shall consist of necessary interference studies to ensure that the modified or additional frequencies will not cause harmful radio interference to L,essor's Operarions or the operarions of L,essor's e�cisring tenants. I.essee shall pay all costs far any such interference studies. In the aiternafive, Lessee may perform the interference studies and submit the results to the I.essor 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 I,essee's sole expense. V.�Engineering\CLERICAL�BOAItD�Ageeme¢ts\T EASE\T-MObiI�St Anthony_OS-10-OS.doc '] o�-�B't (c) L,essee's installation, operation, and maintenance of its Antenna Facilities shall not damage or interfere in any way with Lessor's Operations, including Lessor's radia frequency transmission, or repair and maintenance activities. Lessor's Operafions take priority over Lessee's operations and L.essor reserves the right to take any action it deems necessary, in its reasonable discrerion, to repair, maintain, alter, or improve the Properiy in connection with Lessor s Operarions as may be necessary. For all substantial improvements orrepairs, I.essor agrees to provide Lessee with at least sixty (60) days advance notice of the same and to reasonably cooperate with Lessee to carry out such acfivities with a mizumum amount of interference to L,essee's transmission operations. For minor repairs or maintenance, I.essor a�rees to give two (2) days advance notice of any such acriviries to I.essee 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 L.essee's operation, Lessor shatl notbe responsible, and, at Lessee's choice, L.essee may ternunate this I.ease under the notice provisions and conditions as contained eisewhere in ttus Lease. In the event of an emergency situation which poses an immediate threat of substantial hazm or damage to persons and/or property on the Leased Premises, Lessor may enter the L.eased Premises and take such actions as are required to protect individuals or personal property from such immediate threat of substantiai harm or damage; provided that prompUy after such emergency entry into the I,eased Premises, and in no event later than twenty-four (24) hours after such entry, L.essor gives written notice to L,essee of Lessor's entry onto the L,eased Premises. (d) In its use of the Leased Premises, I.essee may not interfere with Lessar's Operations or other parties who were occupants of the Property prior to the Commencement Date of this Lease, provided that the equipment used by L,essor or other occupants is operafing within the technical perimeters specified by its manufacturer and/ar as defined by the PCC. 7n 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, I.essee shall have the option to terminate this I.ease without further liability hereunder, upon sixty (60) days written notice to Lessor. I.essee shali 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 wiil not grant a lease to any other party for use of the Property, if such use would or is likely to interfere with L.essee's operafions on the L.eased Premises. Any future lease by L.essor of the Property to addifional 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, I.essee acl�owledges thatlzssor maylease the Property, or any part of it, to other parties in close proximity to the I.eased Premises, and Lessee agrees to work cooperafively with any such other parties, using accepted te�hnical 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. L.essor agrees that it will require the same obligafion of all such future parties in any lease or agreement with such future parties. Further, Lessee agrees to meet the conditions set forth in Extvibit "D," Technical Minimum Site Standards. V:�Rngineering\CT ERICAUBQARD�P,geeme¢tsV.EASE�T-Mobil�,St Anffiony_OS-10-OS.doc g !�1'�1 (fl Lessor in no way guarantees to Lessee noninterference with I.essee's transmission operations, provided, however, that in the event that any other party requests permission to place any type of additional antenna or transmission facility on the Property, the procedures of this Section shall govern to determine whether such antenna or transmission facility will interfere with Lessee's transmission operations. In the event Lessor Yeceives 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 I.essee, to L.essee for review for noninterference. Lessee shall have thirly (30) days following receipt of said proposal to make any objecrions thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Lessee, subject to interference provisions of paragraph 11(c) of this Lease, to the installation of antennas or transmission facilities pursuant to said proposal. I.essee 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 Property expezience 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 deternunation. I.essor agrees that it will require the same obligation of all such future parties in any lease or agreement with such other parties. (h) Without limiting the foregoing or any other remedy, L.essee shall have the right to terminate this L.ease upon sixty (60) days written notice in the event its reception or transmission is interfered with by I,essor or its other tenants' equipment, such right to terminate shail become void if L.essor cures such interference within thirty (30) days of receipt of written notice. l2. Termination. Except as otherwise provided herein, this Lease may be terminated by either pariy upon sixty (6Q) days written notice to the other party for the following reasons: (a) by either party upon a default of any covenant ar term hereof by the other party; which default is not cured within sixty (60) days of receipt of written notice of default to the other pariy (without, however, limiring 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 rime as may be required provided the defaulting party commences the cure within ten (10) days of receipt of written notice of default and diligently pursues such cure to completion; (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmentai approval necessary for the construction and/or operation of the Antenna Facilities or I.essee's business; (c) by Lessee if the L.eased Premises or Antenna Facilities are or become unusable under L.essee's design or engineering specifications for iCS Antenna Facilities, or the communications system to which the Antenna Facilities belong; ViEngineering\CLERICAL�BOARD49geements�LEASEIT-Mobii�St Anthony_OS-10A5.doc oS�te9 (d) by I.essor, if it deternrines, after review by an independent structural engineer, that the Properry is structurally unsound, including but not limited to consideration of age of the Structure, damage or destruction of all or part of the Property from any source, or factors relating to condition of the Properry; (e) by Lessar if I.essee fails to pay rent provided for in Seciion 3. Rent within thirty (30) days of receipt of written notice from L.essor of a rent or other payment being overdue; (fl by I.essor if Lessee does not complete installation of its Antenna Facilities as shown on E�ibit "B" within one (1) year of the Commencement Date of this Lease. I3. Insurance. (a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities that may arise out of or result from Lessee's use of the I.eased Premises. Any applicabie liability policy shall list the I.essor and the City of Saint Paul as addirional insured, and shall provide that it wiil be the primary coverage. The insurance coverage must include, at a minimum, Comprehensive General Liability Insurance Coverage, including premisesloperafion 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) Lzssee shall provide Lessor, prior to the Commencement Date and befare each Renewal Term of this I.ease, 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 thirty (30) days written notice to Lzssor. 14. 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 acrion of whatsoever nature or chuacter, arising out of, or by reason of, the I.ease of the herein described L,eased Premises by the Lessor to Lessee, or arising out of, or by reason of, the use or condirion of the I,eased Premises, ar as a result of I.essee's operations or business acfivities taking place on the Leased Premises, provided the same is not due to the contributory negligence or willful misconduct of the L.essor, the City of Saint Paul and/or any agents, contractors, officers, or employees thereof. It is fullyunderstood and agreedthatLessee is awate of the conditions of the I.eased Premises and leases the saxne "as is." Z5. Damape or Destruction. If the Property or any portion thereof is destroyed or damaged so as to hinder its effective use, I,essee may elect to temunate this Lease upon thirty (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. V:�Engineexing\CLERICAUBOARD\Ageements�LEASE�T-MobinSt. Anthony_OS-10-OS.doc 10 c�-�89 I6 Notices. 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, to the following addresses: If to I.essor: Boazd of Water Commissioners Attn: Bill Tschida 1900 Rice Street, Office Building. Saint Paul, Minnesota 55113 If to I.essee: VoiceStream Minneapolis, Inc. 8550 W. Bryn Mawr Ave., Suite 100 Chicago, IL, 60631 Attn: E.ease Administration & L.egal Dept. Wath a Copy to: VoiceStream Minneapolis Inc. c/o T-Mobile USA 12920 SE 38�' Street, Bellevue, WA 98006 Attn: PCS Lease Administration & I.egal Dept. I7. Representations and Warranties. (a) I.essor represents that (i) it has full right, power, and authority to execute tlus I.ease; (u) 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 enjoyment of the I.eased Premises during the term of this L.ease in accordance with its terms. (b) Lessor represents that it has no knowledge of any substance, chemical or waste on the Propezty that is identified as hazazdous, toxic or dangerous in any applicable federal, state or local law or regulation as defined in paragraph 17 (c) of this Lease. Lessor will be solely liable for and will defend, indemnify and hold Lessee, its agents and employees harniless from and against any and all direct claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connecfion with the removal, cleanup ar restoration of the Property with respect to hazardous, to�c or dangerous materials from any and all sources other than those hazazdous, toxic or dangerous materials introduced to the Property by L.essee. I.essee represents and warrants that its use of the I.eased Premises herein will not generate and it will not store or dispose on the Property nor transport to or over the Property any hazudous substance, chemicai ar waste contrary to any law or regulation. Lessee further agrees to hoid L.essor harmless from and indemnify L.essor 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 hazatdous substances, including payment of all reasonable attorneys' fees, costs, and penalties incurred as a result thereof, except for any release caused by the negligence or willful misconduct of L,essor, its employees, or agents. (c) "Hazazdous substance" shall be inteipreted broadly to mean any substance or material defined or designated as hazardous or to�c waste, hazardous or to�c materiat, hazardous or toxic or radioacrive substance, or other similar tetm by any federai, state, or local V:�Engineexing\CLERICAUBOARD�.9greementsU EASE\T-Mobil\St. Anthony_OS-10-OS.doc 11 �s-�ta't environmental law, regulation or rule presently in effect or pzomulgated in the future, as such laws, regulations, or rules may be amendedfrom time to time. L.essor 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 I.essee. l8. No Liabilitv on Lessor. Except due to Lessor's wiliful arisconduct or gross negligence, Lessor shall not be liable for any damage to I.essee's equipment or Antenna Facilities, and Lessor shall not be liable for vandalism or malicious mischief caused by third parties, lrnown or unknown, to L.essee's equipment or facilities, nor shali Lessor be liable for any lost revenue, business or pzofits of L.essee. I9. Assignment. (a) L,essee may not assign or sublet this Lease without the prior written consent of Lessor, which consent shall not be withheld or delayed without reasonable cause. Notwithstanding the provisions of this paragraph, L,essee shall have the right, without Lessor's consent, to assign this Lease to any financialiy responsible parent, subsidiary, or affiliate of Lessee or any corporation into which L.essee may be merged or consolidated or which purchases all or substanrially all of the assets of L,essee, as long as assignee assumes the obligations of this I.ease. Any approved sublease that is entered into by Izssee shall be subject to all of the provisions of this L.ease. (b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude I.essor from leasing other space on the Property to any other person or entity which may be in competition with I.essee, or any other party, subject to the conditions set forth in Section Il. Interference. 20. Successors andAssz�ns. TFus Lzase shall run with the Property. This I.ease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 2I. SurrenderofPremises. At the expirafion of the initiai term of this Lease, or any Renewal Term, ar any earlier termination of this L,ease, Lessee shall quit peacefully and surrender possession of the I.eased Premises in as good condition as when it was delivered to Lessee, reasonable wear and teaz and casualty loss excepted. Lessee shall remove its equipment, personal property, Antennas Facilities, and leasehold improvements from the Property on or before date of expiration ar termination, and shall repair any damage to the Property caused by such equipment, all at I,essee's own cost and expense. 22. Marking and Li�htin� Requirements. I.essor acknowledges that it shall be responsible, at I.essor's sole cost and expense, for compliance with all building marking and lighring requirements that the Federa] Aviarion V:�Engineering\CI.ERICAUBOARDVIgeements�LEASB\T-Mobil�St Anthony_OS-10-0S.doc 12 05'ti'��`i Administration ("FAA") may require with respect solely to the height of Lessor's Shucture. The responsibility, however, is expressly limited to the requirements that would be required of an elevated water storage facility having no communications equipment installed on it, irrespective of Lzssee's antennae. Lessor shall indemnify and hold harniless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements for the elevated water storage facility Structure. 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 antennae, then I,essor shall indemnify Lessee for fuil costs, liabilities, damages and expenses, inciuding reasonable attorney's fees. Further, if I.essor does not cure the condirions of noncompliance on the Shucture within the time frame allowed by the citing agency, T�ssee may terminate this Lease immediately without any Parther liability hereunder upon written notice to Lzssor. Lessee acknowledges that it shall be responsible at I.essee's sole cost and expense, for compliance with all building marking and lighting requirements that the FAA may require with respect to I.essee's antennae. In the event the FAA deternunes that L,essor's water tower needs to be marked, lighted, or in any way modified due to the existence of Lessee's antennae, I.essee shall have the option to mark and light the tank at its own expense, or to ternunate this Lease, pursuant to Section 12. Termination, and remove all its equipment at its own cost without any further liability to either party hereunder upon thirty (30) days written notice to I.essor. Said marking, lighting and modifying shall be subject to prior written approval by Lessor, such approval not to be withheld without cause. Lessor shall approve ar object to such plans within thirty (30) days of receipt, and failure to make any objecfion within said thirty (30) day peaod shall be deemed approval by L.essor. 23. RF Radiation Comnliance. (a) The RF Engineer will perform a radiarion survey of the Property following Lessee's inifial RF transmissions on the Izased Premises. Lessee shall pay the costs for such survey. (b) T.essee shall implement all measures at the transmission site required by FCC regulafions, including but not limited to posting signs and markings. I,essor shall cooperate with and pernut Lessee to impiement all reasonable measures in order for Lessee to fulfill its Radio Frequency exposure obligations. Lzssor agrees that in the event any future party causes the enfire site to exceed FCC Radio Frequency radiation limits, as measured on the Premises, Lessor shall hold such future party liable for all such later-arising non-compliance. 24.Third Partv Approvals, Insnections and Evaluations. The L,essee sha11 be responsible for a11 costs associated with obtaining required reviews, approvals, inspections, studies surveys or evalua6ons, whetherrequired by this I,ease orby other govezning authoriUes. 25. Miscellaneous. (a) Each party agrees to furnish to the other, witlun tlurty (30) days after notice of receipt of the request, such truthful estoppel information as the other pariy may reasonably request. V:�Engineering\CLERICAL�BOARDWgeemenis�LEASE\T-Mobil\SY. Anthany_OS-IOAS.doc 13 �s-�1c� (b) This L,ease constitutes the entire agreement and understanding of the parties and supersedes any and ail offers, negotiations, or other agreements of any kind. There are not representations or understandings of any kind not set forth herein. Any modification of ar amendment to this Lease must be in wriring and executed by both parties. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving pariy. No waiver shall be implied by delay oz any other act or omission of either party. No waiver by either party of any provisions of this Lease shail be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. This I.ease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (c) Tius I.ease 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) ff any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this I.ease, which shall continue in full force and effect. (e) Upon request by Lessee, I.essor agrees to execute a recordable Memorandum of this Lease. (f) Exhibits "A" through "D" listed below aze hereby incorparated into this I,ease by reference. Exhibit "A" Legal Description and Site Plan Exhibit "S" Antenna Facilities and Frequencies Exhibit "C" Memorandum of Lease Recording E�ibit "D" Technical Minimum Site Standards [Remainder of this page is left intentionally blank] V:�Engineeiing\CLERICAL�BOARD49greemenYS�LEASE�T-Mobil\St. Anihony_OS-10-OS.doc 14. oS-�i'i IN WITNESS WHEREOF, the parties hereto have executed tYus L.ease, the day and yeaz first above written. Approved: Stephen P. Schneider, General Manager Saint Paul Regional Water Services Lessor: BOARD OF WAT'ER COlYIlVIISSIONEI2S OF THE CITY OF SAINT PAUL FIN 41-6005521 Patrick Harris, President Approved as to fortn: BY cd�--� • �� �J Assistant City Attorney Approved: By Janet Lindgren, Secretary CITY OF SAINT PAUL: Mayor City Clerk Director, Office of Financial Services Lessee: VOICESTItEAM MINNEAPOLIS, INC. Tas ID Its I.egal Counsel Crreg Cisewsld, Regional Vice President of Engineering and Operations V:�Engineering\CL.ERICAL�BOARD�.9greements�LEASE�T-MobIl\St. Anthony_OS-10-OS.doc ' 15 0 e . a a [�1 � • LA\ � A1 0 E1mh10 B11DM6 ';°-�-: -:: � - .' _ . . i ;Y"� � - ,.- - � �. - Lf.W1LG.(..lSYL.....y....:"'"';:�` .. . . . '" ' '� _ `` `� �w.! � / r-uoaE 7-0' x � ♦ �fY-C tug nm / �✓ i �� �� tlsslw � TEES � /'f' ��� ryYrj t � _ � ��'�"'�� ���_�___�_r.. � �'� � � L�_____J I 1 i a � ( � 7 mein e� I �I� O T � 1 � ! � �^ ~ � 1 � �_' � `G, \ ' _____ i �`��/ / �_ 1 v_�� \ \` /° � ,/ � � i \ �° J �� \ ` xruur+r � / vwut rct� - - � � _ � �� � , � .. � � . a v ..a a.m ��s S 4 /4�a ' � fCR CCVal91C0oB SiTE PL1N �..��. �-� omz � � � � Legal Description: Lots one (i) and fivo (2) all in Btock one (1) thereof on file and of record in the office of tl State of Minnesota. PIN: 20.2923.14.0069 � � • -1Vjobile � „n.ai:•� „�•.a '� e Q n Q J � LL.� J �..) Z tas•��'i .� i � ��iw,wuY s ta \ - � �j s-amc 7 � J' / � °� � 4 , � � -- __ j . % -- �=`� r � . ____ _�� i 1 j ; � ! � j ue m� ,� Gu0 OM �rt7i� �________—' ' ti..!' ' __________ ' \ j I > / i ��'_ � r T-�csa t�'-0' �stg wea 1 . ., —ar�tu�� ;s �: • : •r: .' .. I , � i 1 (mno� er m�q 1 i � �. I cm��n � i aesr c�sm ohm3ar � � � PYC � / , ��, � � � 1 r/ '-�� 1 / 1 tiwl' ` � ! �. i ' � � �om�nn i ---------- -- - � - � . . _ _ . . � _ _. �cea� i � ` . i \ ` �.�_ �/ �mac ---- ¢fcnar�. \ � � � \ � / �jccc � / � � / � \ �� / umwv+r i �� / � � i �\' __---_--'���� � � . / i St. Rnthony Park North, according to the record plat � Register of Deeds in and for the County of Ramsey, --- -- �-- � .. ,. i ENtARGED St7E PLAN . �� I"'� 1 i.J I� } 1 A f I I sxc z/�r-r�' ' _ � _ , .c�.a ' � � +�+�r �n +� +K e� ���'� � � U OF M AG CAMPt15 ' MmI� 116 pGFXC 11�5 WI �1 PLBID� MD N Gy m� T vd� InY d��d . a ne sttc moxxrc � t ux� - wrHns w�i ° em e mb w..a e�r�.wd uy�. .n.o,. .e Ai N929 - �a�tr �ro s uxr ro M s�aam�ex rae nax wr fn. b.. at u. sme. er �r..se� 'c mmr s/e/u SITE PLAN AND ENLAFiGED SifE PLATf �1FWENIYL 1E£ [lLY. ND N N�TW CF O� R' Y6 111E 1oW Of�FS DRNYID, 11E HMW�� PRd6g5 � • un.�sm�a,.,�x�sr.un,�s e. /9!°Y ma R fu. w�r a��. mnfn. �nr. a� � '+�+ ��Nq �uoer �sie N. c�r�uo ,�ve ,�wrr�r.�nro.gar.� � wortt� arcw . ••u y� Sf. PAUL. WNNESOTA / . . � �-D¢ � � neez umnne+i .rn acx� m+awxi� � . � . .e�o¢o AtN9?4C7 �� ov.�o fYV[ - o5-�.t�f'1 Antenna Eacilities and Frequencies VoiceStream Minneapolis, Inc. St. Anthony Park Water Tower CoIIocation Technical Data Sheet a.� io, zoos T-Mobile has the following pazameters: PCS B block, channels 612 — 685 Base station Tx frequencies: Base starion Rac frequencies: Modulation/Standazd: Maximuui EII2P: Channel Bandwidth: Antenna 7nformation: 1950 -1965 MHz 1870 —1885 MHz GMSK +58dBm (43dBm + 18dBi gain antenna less 3dB coaY loss) 200 KHz EMS RR65-19-02DP Gain =18.SdBi Azimuth beam width = 65° Elevation beam width = 4.5° Antenna Size 72" x 8" x 2.75 Weight � 23 lbs. including mounting hazdwaze (Desired) T-Mobile PCS Antenna Height: Approx. 110 ft. (center of antenna) Standard Antenna configuration: Governing FCC Rules: 2 antennas per sector 3 sector design, 120° each Center of sectors at 0°, 120° and 240° wrt TRUE NORTH Horizontal Spacing: 10' Gode of Federal Regularions Tit1e 47 (Telecommunications) Part 24 (subpart E) Out of Band Emissions: Section 24.23 8(a) On any frequency outside a licensee's frequency block, the po Wer of any emission shall be attenuated below the transmitter power (P) by at least 43 + 101og(P)dB. This is an FCC requirement. Below aze the equipment specifications: NoYe that F= frequency of other pazty and Fbe = frequency at block edge; for B biock Fbe = 1950 and 1965 MHz Intermodulation I,evels: Out of block: <=13 dBm/12.SkHz for � F— Fbe � r-1 MHz <=-I3 dBm/Iv�Iz —1.2 dB/NIIIz � F- Fbe � for 1 MHz< � F- Fbe �<=65 MHZ <=-90 dBm/MHz for: � F- Fbe �>65 MHz. Compliant per EN 300 386-2 and 47 CFR Ch 1, Part 15, Subpart B AC power requiremenYS: AC input voltage 208/240 VAC, 50/60 Hz, single phase AC input current 25A/phase (ADUA), 40A/phase (ADBi� EX H I B I T "��� t�'�1�1 MEMORANDUM OF LEASE THIS MEMOR4NDiJM OF LEASE ("Memorandum"), by and between the Board of Water Commissioners of the City of Saint Paul, a municipal corporafion under the laws of the State of Minnesota ("Lessor"), and VoiceStream Minneapolis, Inc., a Delaware corporation ("Lessee"). WF�REAS, Lessor and Lessee entered into a Water Tower Site Lease dated May 10, 2005 (the "Lease"), regazding a portion of following described property: I,ots one (1) and two (2) all in Block one (1) of St. Anthony Pazk North, according to the record plat thereof on file and of record in the office of the Register of Deeds in and for the County of Ramsey, State of Minuesota. PIN: 20.29.23.14.0069 FVFI�REAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of Ramsey County. NOW, THEREFORE, in consideraflon of the foregoing, I.essor and Less� hereby declare as follows: 1. Demise. I,essor has leased the Premises to I.essee togethez with the non-exclusive right to access the Premises, and L,essee has hired the Premises from Lessor, subject to the terms, covenants, and conditions in the I.ease. 2. Date. The term of the I.ease is scheduted to commence on May 10, 2005 and shall e�ire December 32, 2025, subject to subject to I,essee's Factension Term options. 3. Lease Controllin¢. Tlus Memorandum is solely for the purpose of giving constructive notice of the I.ease. Tn the event of conflict between the terms of the Lease and ttris Memorandum, the terms of the Lease shall control. (Signature Pages Follow) EXHIBIT "C" e�-��'t Approved: Stephen P. Schneider, General Manager Saint Paul Regional Water Services Approved as to form: Assistant Ciry Attomey Approved: By (Legal Counsel) �SOr: BOARD OF WATER COMNIISSIONERS OF THE CIT'Y OF SAINT PAUL FIN 41-6005522 Pahick IIazris, Fresident Janet Lindgren, Secretary CITY OF SAINT PAUL: By Mayor By Ciry Clerk By Director, Office of Financial Services Lessee: VOICESTREAM MINNEAPOLIS, INC. Tas ID By Director of Engineering and Operations oT-�t r� LESSOR ACLZIVOWLIDGF.MENTS STATE OF MII�'NFSOTA COUNTY OF RAMSEY ) )ss. ) On 2005 before me, Notary Public, pe�onally appeazed Patrick Harris and Janet Lindgen, President and Secretazy respectively, of the Boazd of Water Commissioners of the Ciry of Saint Paul, a Minnesota municipal corporaaon, personally knovm to me (or proved to me on the basis of saiisfactory evidence) to be the persons whose names aze subscribed to the within insmiment and acl�owledged to me that they executed the same in their anthoiized capacity on behalf of the corporaYion. Wimess my hznd and official seal. Notazy Public My commission expires: STATE OF MINNESOTA COUNTY OF RAMSEY •� ) )ss. ) 2005 before me, Notary Public, personally appeaz _, Mayor, City of Saint Paul, a Minnesota municipat corporation, personally known to me (or proved to me on the basis of sarisfactory evidence) to be the person whose name is subscribed to the within insffiiment and aclmowTedged to me that he executed the same in his authorized capacity on behalf of the co:poration. Witness my hand and officizl seal. Notary Public My commission expfres: STATE OF MINNESOTA COUNTY OF RAMSEY ) )ss. ) On 2005 before me, . and Notary Public, personally appeared respectively City Clerk and Director, Office of Financial Services of the City of Saint Paul , a Minnesota municipal corpozation, personally known to me (or proved to me on the basis of satisfactary evidence) to be the person whose name is subscribed to the within mstrumem and aclmowledged to me that he executed the same in his authorized capaciry on behalf of the cor{�oraTion. Witness my hand and official seal. Notary Public My commission expires: o5-�c�'r? LESSEE AC%1�TOWLIDGEMEIV STATE OF bIlNNESOTQ. ) ) ss. COUNTY OF fIENNFPIN ) T certify that I lmow or have satisfactory evidence that Grea Cisewski is the person who appeared before me, and said person aclmowledged that he signed this insmiment, on oath stated that he was authorized to execute the instrument and aclmowledged it as she Regional Vice President of Engineering and Operations of VoiceSheam Ivfinneapolis, Inc., a Delawaze corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.. Dated: Notazy Public My commission expires ���� TECffivICAL RIININIUM SITE S�'ANDARDS Saint Paul Regional Water Services Water Tower Antenna Site 1. All equipment must be housed in an RF right, metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk-top base starions and open racks cannot be used without special approval. Additional shielding kits may be required. 2. At least 60 db of isolation for 450 MIIZ, 8001VIHZ and 9001VIFIZ transmitters and 30 db of isolation for 15Q MFIZ and 40 MF�Z transmitters must be provided. A hannonic filter must be provided on the transmitters between the antenna and any ferrite device used. Addirional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maximum transmitter power allowed into the antenna feed line shall be 110 watts per transmitter. Higher pow"er levels will be considered on a case-by-case basis. Additional protecrive 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 Superfiex. RG/8 or any other single shielded cable will not be allowed. Proposed transmitters that will cause second order, third order or fifth order intermodularion products on e�sting receiver freguencies will not be pernutted on the site. A receiver with the same frequency as an exisring second order, third order or fifth order intermodularion product at the site will not be pernutted on the site. 6. AlI iransmitters shalI be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MEIZ hand: 150 MHZ band: 450 MHZ band: 800l900 MI3Z band: Microwave: 50 db at 1 NIHZ 50 db at 1.5 IvIfTL 50 db at 2.5 MEIZ 50 db at 10 MI�iZ 50 db at 20 MFIZ EXHIBIT "D" C:�DOCUMINTS AND SETTINGS�BII.LZILOCAL SETTINGS\TEMP�TECHSTAND OS-11-04.DOC TECIIlVICAI, MIl�TIMiTM SITE STANDARDS - Continued �K� 7. Each cabinet must be idenfified 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 engineer�ng study will be prepared by Lessor's communications engineer consisting of at least the foliowing items: a. Intermodulation interference (IlVn calculations of all transmitters and receivers known to exist in the azea at time of application. (Study will include 2nd, 3rd and Sth order IlVI terms, and A+ B- C, tlu�ee-product terms.) b. Transmitter noise and receiver desensing calculations of aii equipment at the site. a 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 specificarions to secure equipment to the tower must i�e submitted to and approved by Saint Paul Regionat Water Services prior to instaliation. -End- C:\DOCUn�1VTS AND SETTINGS�BILI,I�LOCAL SETTINGS\TEMPIT'ECHSTAND 05-I I-04.DOC BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM COMM SSIONER �fBIlg . < oS=�tg1 No 5023 10, 2005 W�REAS, VoiceStream Minueapolis, Inc. desires to lease space from the Boazd of Water Commissioners at its St. Anthony Park Watex Tower site Iocated at 1515 North Cleveland Avenue, Saint Paul, Miu�esota 55108, to iustall and operate a wireless communication system; and WHEREAS, staff has prepared a I,ease Agreement which provides for a five (5) year lease and wluch automatically renews for three (3) additional five (5) yeaz terms, s tartiug at an annuallease rate of $19,500 and increasing each subsequent yeaz, and does recommend approval of same; now, therefore, be it RESOLVED, that the Lease Agreement between the Board of Water Commissioners and VoiceStream Mnuieapolis, Inc. is hereby approved in substantially the form submitted, and that the proper officers are herebp authorized to execute said Lease Agreement on behalf of the Boazd following final approval by the assistant city attornep; and, be it FITRTHER RESOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to approve said Lease Agreement and to authorize the proper officers of the City of Saint Paul to execute said L,ease Agreement on behalf of the City. Water Commissioners Y� Anfang Cardinal Kleindl Vice President Zanmiller In favor 4 Opposed � Adopted by the Board of Watez Commissioners Nays May 10, 20 05 SECY.