08-1066Coancil File #
RESOLUTION
1 WI�REAS, the City of Saint Paul does possess fee simple title to the water tower site
2 commonly laiown as the St. Anthony Park Water Tower Site, located at 1515 North
3 Cleveland Avenue, St. Paul, Minnesota (the "Propezry"), such possession of title being for
4 benefit of the Board of Water Commissioners; and
6 WHEREAS, New Cingulaz Wireless PCS, LLC desires to lease space at the Properiy from
7 the Board to install and operate a wireless communication system; and
8
9 WHEREAS, the Board did adopt Board Resolution No. 7041 which approved a Lease
10 Agreement with Cingular Wireles PCS, LLC allowing such an installation, and which did
11 also request that the Honorable Council of the City of Saint Paul likewise grant approval of
12 the lease; now, therefore, be it
13
14 RESOLVED, that the Lease Agreement between the Board of Water Commissioners of the
15 City of Saint Paul and Cingular Wireless PCS, LLC allowing the anstalla$on and operafion of
16 a wireless communication system at ihe Boazd's St. Anthony Water Tower Site located at
17 1515 North Cleveland Avenue, St. Paul, Minnesota is hereby approved, and that the proper
18 officers are hereby authorized and directed to execute said Lease Agreement on behalfofthe
19 City of Saint Paul.
:�a
Bosh'om
Carter
Requested by Department of:
Services
Adopted by Council: Date �
Adopflon Certified by Council Secretary
BY� ___..� �LCc�'l/� �G�'SOi�
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Approved by City Attorn
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► Green Shee
Contact Person & Phone:
Bill Tschida
66265
must tte on
2¢SEP-08
Doc. Type: OTHER (DOESNT F{T ANY C
E-Document Required: N
Document Contact:
Contad Phone:
ri a ,
0 �Water Uti1iN Steve Schneider
I Citv AKOrnev I Lisa V eith
2 �Financial Services I Mar¢aret Kelly '
3 �Iavor's Office
4 Council �
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Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Adopt Councii Resolurion approving and authorizing execution of a lease agreement between the BWC and New Cingular Wireless
PCS, LLC allowing the installation and operation of a wireless communication system at ttte Boazd's St. Anthony Park Water Tower
site at 1515 North Cleveland Avenue. Attachments: 1) Staff report, 2) Proposed Council resln. 3) Lease Agrmt. 4) Board
resln. no. 7001
�tlations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2 Has this personlfirm ever been a ciry employee?
Yes No
3. Does ihis person/firm possess a skitf not normally possessed by any
curre�t city employee?
Yes No
Explain all yes answers on separate sheet antl attach to green sheet
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
Cingulaz desires to lease space at Boazd's St. Anthony Park Watex Tower site at 1515 North Cleveland Avenue to install and operate a
w'ueless communication system.
Advantages If Approvetl:
Boazd of Water Commissioners will receive additional revenue.
Disadvantages If Approved:
None.
Disadvantages if Not Approved:
Revenue potential wiil not be realized.
Trensaction: J�%(�
Funding Source:
Financiaf Information:
(EZplain)
CosURevenue Budgeted:
ANivity Number:
September 10, 2008 9:13 AM Page 1
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-- -- BOi1RD OF WATER COMMISSIONERS d8-/Dlo�o
RESOLUTION — GENERAL FORM
7001
WI�EREAS, New Cingulaz Wireless PCS, LLC desires to lease space from the Board of Water
Commissioners at its St. Anthony Park Water Tower site located at 1515 North Cleveland
Avenue, Saint Paul, Minnesota 55108, to install and operate a wireless communication system;
and
WHEREAS, staff has prepared a Lease Agreement which provides for a five (5) year lease and
which automatically renews for three (3) additional five (5) year terms, starting at an annual
lease rent of $27,OQ0 and increasing each subsequent year by five percent (5°to), and does
recommend approva) of same; now, therefore, be it
RESOLVED, that the L,ease Agreement between the Board of Water Commissioners and New
Cingular Wireless PCS, LLC is hereby approved in substantially the form submitted, and that the
proper officers are hereby authorized to execute said Lease Agreement on behalf of the Board
following final approval by the assistant city attorney; and, be it
FURTFIER IiESOLVED, that the Honotable Council of the Ciry of Saint Paul is hereby
xequested to appTOVe said Lease Agreement and to authoxize the pxoper officers of the City of
Saint Paul to execute said Lease Agreement on behalf of the City.
Water Comaussioneis
Yeas Anfang Naps
Bostrom
Kleindl
Rossbach
Vice President Zanmiller
President Harris
In favor 6 Opposed �
Adopted by the Board of Water Commissioners
SepCember 9, �p 08
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September 9, 2008
Wireless communication Lease Agreement between
Board of Water Commissioners and
New Cingular Wireless PCS, LLC
New Cingular Wireless PCS, LLC (Cingular) desires to install and operate wireless
communication equipment at the Board of Water Commissioners St. Anthony Water Tower
Site located at 1515 North Cleveland Avenue, St. PauL The request includes placing 6-foot
tall panel antennae on the tower and ground equipment to be situated inside a fenced area at
the back of the property.
St. Anthony Pazk District 12 Community Council reviewed the plans and had no objections.
Following negotiations with Cingular, staff prepazed the attached 5-yeaz lease that
automatically renews for three additional 5-year terms and has a starting annual rent of
$27,000 with 5% annual rent increases. Also included is a provision to reestablish the rent
amount using market comparison at the end of each 5-year term, if desired by the Board.
The Board of Water Commissioners approved the lease at its September 9, 2008 meeting.
See attached Location Map and proposed lease.
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SITE LEASE AGREEMENT
Wireless PCS, LLC, a Delaware limited liability company
This Lease Agreement ("Lease") is entered into this day of , 2008,
between the BOARD OF WATER COM11�S5IONERS OF THE CITY OF SAINT PAUL, a
Minnesota municipal cozporation ("Lessor') and New Cingular Wireless PCS, LLC, a Delaware
lunited liability company ("Lessee").
In consideration of the terms and conditions of this Lease, the parties agree as follows:
1. Leased Premises.
Lessor hereby leases to Lessee certain space located at and on Lessor's St. Anthony Water
Tower site, ]ocated at 1515 North Cleveland Avenue, Saint Paul, Minnesota 55108
("Property") and legally desczibed in the Exhibit "A", Legal Description and Site Plan,
attached hereto and incorporafed herein The water storage facility and its appurtenances
("Structure"), and the Lessor's land upon which the Shucture is situated are collectively called
("the Property"). The properiy interest leased and granted by the Lessor to Lessee
(collectively, the "Leased Premises") consists of the following:
• space outside and adjacent to the water tank comprised of approximately 18' by 20'
usable square feet;
• structure exterior space for attachment of antennas at alpha, beta & ganuna sectors at
118' FAGL;
• space required for cable runs to connect equipment and antennas;
• non-exclusive easements required to run utility lines and cables;
• 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," Legal Description and Site Plan.
2. Terms/Renewal.s.
(a) The initial term of this Lease shall commence on the date of Saint Paul City Council
approval, (the "Commencement Date"), and shall expire on December 31, 2013. Lessee
and Lessor agree to enter into an addendum to this Lease confuming the Commencement
Date, as contained in E�ibit "E," Memorandum of Lease Recording, attached hereto and
incorpoxated herein.
(b) Lessee shall have the right to extend this Lease £or three (3) additional five (5) year tezms
(each a"Renewal Term") subject to (c) below.
(c) 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 tl�e terms or
conditions of this Lease, or unless Lessee notifies Lessor of its intenfion not to renew prior
to commencement of the succeeding Renewal Terxn.
3. Ren[
Rent and Additional Rent to Lessor at the following address:
Soazd of Water Commissioners
Attn: General Manager
1900 Rice Street, Office Building
Saint Paul, Mumesota 55113
Lessor's FIN number is # 41-6005521.
Lessee shall pay all rent annually in advance, as indicated in the payment schedule below:
(a) Base Rent.
Lessee shall pay Lessor, as rent, the susn of Twenty Seven Thousand and No/Dollars
($27,Q��) ("Annual Rent"), per year based upon Lessee's installarion and operation of the
antenna facilities and frequencies identified in E�ibit `B," Antenna Facilities and
Frequencies, ("Antenna Facilities"), attached hereto and incorparated herein.
The first year's Annual Rent shall be pro-rated to the end of 2008, and shall be paid within
sixty (60) days after the Commencement Date. Thereafter, the Annual Rent due hereunder
shall be paid prior to January first of each succeeding yeaz.
Lessee may not install and/or operate any additional antennas or related equipment beyond
those Antenna Facilities and frequencies identified in Exhibit "B," Antenna Facilities ana
Frequencies wfthout the prior written consent of Lessor, such consent not to be withheld,
condifioned or delayed without cause.
(1) t�nnual Increase
Commencing Januazy 1, 2009, and on January l of each subsequent year, the
tlsuaual Rent shall be increased annually by five percent (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 th� sixty (60) days prior to the end of each five (5) year te_rm. Inciuded in the
not�cafion for re-evaluation, Lessor shall provide the Lessee with at least five (5)
annual rents for similaz water tawer sites with similaz antennae and equipment in
the Minneapolis and Saint Paul metropolltan 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 I,essor, in
writing, with at least five (5) current lease rents paid by Lessee for similar water
tower sites in the Minneapolis and Saint Paul metropolitan area. The two highest
and two lowest rents provided by Lessor and Lessee sha11 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
However, in the event Lessor provides to Lessee said written request for re-evaluation and
list of similaz rents at least siYty (60) days prior to the end of each five (5) year term list
and Lessee subsequently fails to provide its list of similar rents by the end of the five (5)
yeaz term, Base Rent for the first year of the next Renewal Term shall be as detemvned 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%).
(b) Additional Rent.
Additional Rent means a11 amounts, other than Base Rent provided for in paragraph 3(a)
above, that Lessee shall be obligated to pay under this paragraph or any othez 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 general or special taYes on Lessee's personal property. As a condition of
Lessee's obligation to pay any tax, Lessor shall provide Lessee documentation
from the taxing authoriry indicating w2th reasonable certainty that the ta�c was
directly amibutable to Lessee's tenancy. Lessee shall have the right to file an
assessment appeal, and Lessor shall cooperate in any such appeal as reasonably
requested hy Lessee, all at Lessee's sole cost and expense;
(3) all public utIlity rates, dues, and chazges of any kind for utilities used by Lessee at
the Leased Premises; and
(4) fees, costs, and expenses for properiy insurance and/ar uninsured tosses 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 thirry (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 ofLeased 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"). Lessor's operations in connecrion with pursuit of the Primary Use
("Lessor's Operafions") take priarity over Lessee's operations.
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(b) Jeopazdv of Primarv Use.
Lessee's operations ("Jeopardy''), Lessor shall provide written notice of such event to
Lessee. Lessor and Lessee agree to work together to cure the occurrence that causes
the Jeopardy. Lessee shall make all good efforts to cure the Jeopardy w�ithin thirry (30)
days of receipt of written notice of event. If Lessee does not cure the Jeopazdy within
fliirry (30) days of receipt of written notice of event, said occunence of 3eopazdy shall
constitute an event of default by Lessee, as otherwise defined in Section 12.
Termination. If circumstances beyond the control of Lessee protubit the Jeopazdy from
reasonably being cured within thirry (30) days, Lessee shall notify Lessor of such
circumstances and commence actions required to cure the deopardy {e.g. assessing the
problem, ordering necessary equipment) within seven (7) days of Lessox's written
notice of Jeopardy and shall diligently pursue the cure to completion wiYhin a
reasonable time thereafter.
(2) In the event of 3eopardy that poses an unmediate threat of substanCial harm or damage
to the water supply, to persons, andlor property on the Leased Premises, as solely
determined by Lessor (`'Severe Jeopardy"), Lessor may enter the Leased Premises and
take actions it determines aze required to protect the water, individuals ar personal
property from such Severe Jeopardy; provided that promptly after such emergency
entry onto the Leased Premises, and in no event later than twenty-four (24) hours after
such entry, Lessar gives written notice to Lessee of Lessor's emergency entrance.
(3) If Lessor detennines that the conditions of a Severe Jeopardy would be benefited by
cessation of Lessee's operations, Lessee sha11 immediately cease its operations on the
Premises upon notice from Lessor to do so.
(c) Lessee's Use of Leased Premises.
(1) Lessee shall have tlae non-exclusive right, at its sole cost and expense, to use the
Leased Premises as a wireless communications antenna facility ("Approved Use").
(2) In accordance with this Approved Use, the Lessee has the right to install, operate,
maintain, repais, replace, store or remove its antennas, utility building, equipment,
personal property, leasehold improvements, and appurtenances (collectively, "Antenna
Faeili6es") as shown in Exlubit `B", Antenna Facilities and Frequencies and attached
E�ibit "A", Legal Description and Site Plan.
(d) Laws Goveznin�? Use.
Lessee sha11 use the Leased Prenuses 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 Lessee
receiving all permits, licenses or approvals from all local, state, or federal land use
jurisdictions or agencies for Lessee's Approved Use. Lessee shall, at its sole cost and
expense, obtain all such necessary pernuts, licenses or approvals. Lessor agrees to
cooperate with Lessee in Lessee's pursuit of all such necessary pernuts, licenses or
approvals, and Lessee shall reimburse Lessor its reasonable costs to provide such
cooperation.
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For the initial installation of all Antenna Facilities and for any and a11 subsequent revisions
and{or modifications of same, Lessee shall provide Lessor and Lessor's Water Tower
Construction Ena neer ("Construction Engiueer") 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 a11 equipmenY and pexsonal properiy of
Lessee.
Conshuction Plans sha11 be easily readable and subject to prior written approval by the
Construction Engineer, which shall not be withheld, conditioned or delayed without cause.
Lessor shall have thirty (30) business days to review the Construction Plans. I£ Lessor
fails to either approve the Construction Plans or provide written request for changes of said
Construction Plans to Lessee within the thirty (30) day period, the Construction Plans will
be deemed approved.
Lessee shall be solely responsible for all costs associated with said review and approval of
Construction Plans by Construction Engineer at a cost not to exceed $5,000.
(b} Constructaon Schedulin�.
At least three (3) days prior to Lessee's construction mobilization, Lessee shall conduct a
pre-construction meeting on the Property. Said meeting sha11 be attended by the
Construction Engineer, Lessee's representative and all parties involved in the installation.
(c) Construction Inspection.
All construction activity shall be subyect to inspection and approval by the Construcfion
Engineez. If deemed necessary by the Conshuction Engineer, consriuction work performed
without direct inspection and approval of the Conshuction Engineer will not be accepted
and sha11 be removed or uninstalled at Lessee's sole expense. Lessee sha11 be solely
responsible for all costs associated with said inspection and approval of construction wark
by Construction Engineer, at a cost not to exceed $7,000, which Lessee shall be sent
receipts of Construction Engineer said work orders and inspections for their fi1e.
(d) Coa�cial cables.
For coaYial cable with exterior exposure, Lessor reserves the right to require Lessee to
provide cables in manufactured colors in laeu of painting. This sha11 apply to nutial and
subsequent modifications.
(e) Damage 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.
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1. Lessor reserves the right to take any action it deems necessary, in its sole and
reasonable discretion, to repair, maintain, alter, or improve the Properiy in connection
with Lessor s Operations.
2. From tune to time, Lessor pamts, reconditions, ar otherwise improves or repairs the
Struchue in a substantial way. Lessor shall reasonably cooperate with Lessee to carry
out such activities in a manner that m;nim;zes interference with Lessee's Approved
Use. Prior to commencing such activities, Lessor shall provide Lessee with not less
than sixty (60) days prior written notice thereof. Upon receiving such notice, it shall be
the sole responsibility of Lessee to provide adequate measures to cover or otherwise
protect Lessee's Antenna Facilities from the consequences of such activities, including
but not lunited to paint and debris fallout.
3. For minor repairs or maintenance, Lessor agrees to give five (5) days advance notice of
any such activities to Lessee and to reasonably cooperate with Lessor to cany out such
activities in a manner that minimizes interference with Lessee's Approved Use.
4. During Lessor's maintenance or repair activities, Lessee may maintain a mobile site on
the Properiy or; after approval by Lessor, on any land owned or controlled by Lessor in
the unmediate azea of the Property. If Lessee requests a modification of Lessor's
procedures far carrying out an improvement or repair in order to reduce the
interference with Lessee's transmission operations, and Lessor agrees to the
modification, Lessee shall be responsible for all incremental cost related to the
modification.
(b) Leased Premises.
1. Lessee sha11, at its own cost and expense, maintain the Antenna Facilities in good and
safe condition, and in compliance with applicable fire, health, building, and other life
safety codes.
2. All equipment appurtenances affixed to the Structure shall be as close to the color of
the Structure as is commercially available to the L,essee.
7. Properfv Access.
Access to the Property, including the Leased Premises, by outside persons, including Lessee's
employees, agents and assigns, sha11 at a11 times be governed by Lessor's Security P1an,
�ttached hereto and incorporated herein as E�iibit "C", Securiry Plan. Lessee agrees it shall
conduct its operations on the Properry and the Leased Premises in accordance with all
requirements and conditions of said Security Plan. Subject to said requirements and
conditions of said Security Plan, Lessee and Lessor 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 for any purpose relating to this Lease.
(b) Lessee may, at its own cost and expense, enter upon the Property to study and determine
the Property's suitability for any use of Lessee, which studies may include surveys, radio
wave propagation measurements, or field strength tests.
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to ensure that Lessor'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 sha11 be responsible for the cost of all utilities installed and used by it at
the Leased Premises. Lessor wi11 cooperate with Lessee in Lessee's efforts to obtain utilities
from any location provided by the servicing utility.
9. Personal Property and Real Estate Tazes.
If any of Lessee's improvements constructed on the Leased Premises should cause the
Property, or any portion of it, to be taxed for real estate purposes, it shall be the Iiabiliry of
Lessee to pay that portion of such property t�es directly attributable to Lessee's equipment,
provided Lessor shall give Lessee prior written notification of such taxes so that Lessee will
have the opportunity to appear before the taxing authority to contest such taxes.
Notwithstanding Lessee's right to contest such taYes, Lessee shall pay its share of such taxes
within ninety (90) days of teceiving notice of the same.
I0. ComDliance and �Statutes. Re�ulations, and ADprovals.
Lessee's use of the 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. Lessae's Antenna Facilities and any othex facilities shall be installed, maintained, and
operated in accardance with all state or 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 goveming bodies, and in accordance with Lessor's technical minimum site
standazds, attached hereto and incorparated herein as E�ibit "D," Technical Minimum Site
Standards.
IL Interference.
(a) All frequencies proposed for initial use shall be evaluated by Lessor's registered
professional radio frequency engineer ("RF Engineer"), and Lessee shall be responsible for
all costs of said evaluation, at a cost not to exceed $1,000. RF Engineer sha11 provide said
evaluation no later than thiriy (30) days after frequencies are provided to him by Lessee.
Lessee shall not transmit or receive radio waves at the Property until such evaluation has
been satisfactorily completed.
(b) Lessee shall provide at,least tlurty (30) days written notice to Lessor before modifying or
placing additional transmitter ar receiver frequencies on the Leased Premises. Said notice
shali 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 withheld,
conditioned or delayed without cause. Said review shall consist of necessary uaierference
studies to ensure that the modified or additional frequencies will not cause harn�fial radio
interference to Lessor's Operations or the operations of Lessar's eaisting tenants. Lessee
7
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shail pay all costs for any such interference
and approval. However, Lessor shall, in its sole discretion, retain the right provided herein
to submit the study results to the RF Engineer for review at Lessee's sole expense not to
exceed $1,000.
(c) In the performance of its Approved Use, Lessee shall not damage or interfere with Lessor's
Operations, inciuding its radio frequency transmissions, or approved operations of other
parties that were tenants on the Property prior to the Commencement Date of this Lease,
provided that the equipment used by Lessor or other tenants is operating within the
tecluucal 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 sha11 have the option to terminate this Lease,
pursuant to Section 12. Termination. Lessee sha11 not be responsible for interference that
results from a change in the operations of other tenants after the Commencement Date of
this Lease.
(d) Lessor will not grant a lease to any other party for use of the Property, if such use would,
or would likely, interfere with Lessee's Approved Use. 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 Approved Use. Notwithstanding
the foregoing, Lessee acknowledges that Lessor may lease the Property, or any part of it, to
other parties in close proximity to t�ie Leased Premises, and Lessee agrees to work
cooperatively with any such other parties, using accepted technical standards in accordance
with FCC standards, to ensure that such otl�er parties' use and Lessee's use will be
compatible and will not cause interference with each other. Lessar agrees tlaat it will
require the same obligation of a11 such future parties in any lease or agreement with such
future parties. Further, Lessee agrees to meet the conditions set forth in Exhibit "D,"
Technical Minimum Site Standards.
(e) 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 transmission facility on the Property, the
procedures of this Section shall govern to deternune whether such antenna or transmission
facility will interfere with Lessee's transmission operations.
In the event Lessor receives any such request or proposal from a party seeking to lease
space on the Property, Lessor sha11 submit the proposal, complete with all technical
specifications reasonably requested by Lessee, to Lessee for review for noninterference.
Lessee shall have thirty (30) days foilowing receipt of said proposal to make any
objecfions thereto, and failure to make any objection within said thirty (30) day period
shali be deemed consent by Lessee, subject to interference provisions of paragraph ll(c) of
this Lease, to the installation of antennas or transmission facilities pursuant to said
proposal. Lessee shall not be responsible far the expenses incurred in any independent
validation of such interference obj ections.
8
_ _ _ _ a /-v�G .
(fl In the event that Lessee or other tenants on the
interference, the RF Engineer shall determine such cause and remedy and Lessee shall
abide by the RF Engineer's detemvnation. Lessor agrees that it will require the same
obligation of all such future parties in any lease or agreement with such other parties.
12. Termination.
Except as otherwise provided herein, this Lease may be terminated by either pariy upon sixty
(60) days written notice [except under 12.(c)(2)} to the other party for the followin� reasons:
(a) By either parry, upon a material default of any other covenant ar term hereof by the other
pariy; wluch default is not cured within siaKy (60) days of receipt of written notice of
default to the other parry (without, however, limiting any other rights of the parties at law,
in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be completed
within sixty (60) days, within such reasonable time as may be required, provided the
defaulting pariy commences the cure within ten (10) days of receipt of written notice of
default and diligently pursues such cure to completion;
(b) By Lessee, in the event that:
(1) Lessee is unable to obtain or maintain any license, permit, or other governmentat
approval necessary for the construction andfor operation of ihe Antenna Facilities;
(2) the Leased Premises are or become unusable under Lessee's design or engineering
specifications for its Antenna Facilities, or the communications system to which the
Anfenna Facilities belong; or
(3) Lessee's transmission is interfered with by Lessor or its otl�er tenants' equipment.
Such right to terminate shall become void if Lessor cures such interference within
thirty (30) days of receipt of written notice.
(c) By Lessox, in the event that:
(1) Lessor determines, after review by an independent structural engineer, that the
Property is structurally unsound, including but not lunited to consideration of age
of the Shuchxre, damage or destruction of a11 or part of the Property from any
source, or factors relating to condition of the Properry;
(2) Lessee fails to pay rent provided for in Section 3. Rent within thiriy (30) days of
receipt of written notice from Lessor of a rent or other payment being overdue; or
(3) Lessee does not complete instailation of its Antenna Facilities as shown on Exhibit
"B", Antenna Facilities and Frequencies within one (1) yeaz oi the
Commencement Date of this Lease.
If this Lease is terminated, pursuant to the terms and condirions of this Lease, rent shall be pro-
rated to the expiration date or the date on which all of Lessee's equipment is removed from the
Leased Prexnises, whichever is later (in the event of Termination under Sections ]2.(a) by
Lessee, 12.(c)(2), or 12.(c)(3)), or whichever is earlier (in the event of Termination under any
other Section). Within thirty (30) days after the date of the termination, Lessor shall, if
applicable, retuin to Lessee any amounts that Lessee has prepaid to Les"sor.
-iv��
I3. Insurance.
o Tain an mazntaui a equate 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 I,essor and the City of Saint Paul as additional insured, and shall provide that it will be
the prixnary coverage. The insurance coverage must include, at a minimum,
Comprehensive General Liability Insurance Coverage, including premises/operation
coverage, bodily injury, property damage, independent contz 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 tlus
requirement with underlying insurance and/or an umbrella policy.
(b) Lessee shall provide Lessor, prior to the Commencement Date and before each Renewal
Term of this Lease, evidence of the required insurance in the form of a certificate of
insurance issued by an insurance company licensed to do business in the State of
Minnesota, which includes all coverage reqnired 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. Indemnity.
Lessee agrees to indemnify, defend, save, and hold harmless 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 or character, arising out of, or by reason of, the leasing
of the Leased Premises by the Lessor to Lessee, ar arising out of, or by reason of, the use or
condifion of the Leased Premises, or as a result of Lessee's operations or business activities
taking place on the Leasad Premises, provided the same is not due to the centributary
negligence or willful misconduct of the Lessor, the City of Saint Paul and/or any agents,
contractors, officers, or employees thereof. It is fully understood and agreed that Lessee is
aware of the conditions of the Leased Premises and leases the same "as is."
I5. Dama�e or Destruction.
(a) If the Property or any portion thereof is destroyed or damaged so as to hinder its effective
use, Lessee may elect to terminate this Lease upon thirty (30) days written notice to
Lessor. In such event, all rights and obligations of the parties sha11 cease as of the date of
the damage or destruction and Lessee sha11 be entitled to the reimbursement of any rent
prepaid by Lessee, prorated to the date of the event.
(b) If Lessor undertakes to rebuild the Structure, Lessor agrees to use its reasonable efforts to
permit Lessee to place temporary transmission and reception facilities on the Propearly
(which includes a temporary generator) at no additional Rent unril such time as Lessee is
able to activate a replacement transmission facility at another location or the reconstruction
of the Leased Premises is completed.
Z6. Notices.
All norices, requests, demands, and other communications hereunder sha11 be in writing and
shall be deemed given when personally delivered ar mailed, certified mail, return receipt
requested, to the following addresses:
10
- ------- - rfa
If to Lessor: Board of Water
1900 Rice Street, Office Building.
Saint Paul, Minnesota 55113
If to Lessee, to (via certified mail):
New Cingulaz Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site # MPLSMI31421; Cell Site Name: Lauderdale;
Fixed Asset #: 10111983
PO Box 1630
Alpharetta, GA 30009
If to Lessee, to (via ovemight mai]):
New Cingulaz Wireless PCS, LLC
Attn: Network Real Bstate Administration
Re: Cell Site # MPLSMN1421; Cell Site Name: Lauderdale;
Fixed Asset #: 10111983
12555 Cingular Way
Alpharetta, GA 30004
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site # MPLSMN1421; Cell Site Name: Lauderdale;
Fixed Asset #: 1011 1983
15 East Midland Avenue
Paramus, NJ 07652
17. Representations and Warranties.
(a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii) it
has good and unencumbered title to the Property free and clear of any liens or mortgages,
subject to such liens of record; (iii) Lessee shall have quiet enjoyment of the Leased
Premises durang the term of this Lease in accardance with its terms.
(b) Lessee warrants that the individuals signing and executing this Lease on behalf of Lessee
have the requisite coxporate power and authority to enter into and perform this Lease on
behalf of Lessee.
(c) Lessor represents that it has no knowledge of any substance, chemical or waste on the
Property that is idenfified as hazardous, toxic or dangerous in any applicable federal, state
or local law or zegulation as defined in paragraph 17 {c) of this Lease. L,essor will be
solely liabie for and will defend, indemnify and hold Lessee, its agents and employees
hannless from and against any and all direct claims, 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 hazazdous, 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 store or dispose on the Property
11
-_---- -- t?8--7 �
nor transport to or over the
indemnify Lessor against any release of any such hazardous 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
hazazdous substauces, including payment of all reasonable attarneys' fees, costs, and
penalties incurred as a result thereof, except for any release caused by the negligence or
willful znisconduct of Lessor, its employees, or agents.
(d)"Hazardous substance" shall be intezpreted broadly to mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous
or toxic or radioactive substance, or other similar term by any federal, state, or local
environmental law, regulation or rule presently in effect or promulgated in the future, as
such laws, regulations, or rules may be amended from time to time. Lessor acknowledges
Lessee's use of batteries as back-up power and deems them acceptable as long as such
batteries are used and disposed of in accordance with all applicable laws and good
engineering practices.
I8. No Liabilitv on Lessor.
Except due to Lessor's willful misconduct or gross negligence, Lessor shaJl not be liable for
any damage to Lessee's equipment or Antenna Facilities, and Lessor shall not be liable for
vandalism or malicious mischief caused by third parties, known or unknown, to Lessee's
equipment or facilities, nor shall Lessar be liable for any lost revenue, business or profits of
Lessee.
I9. AssipnmenG
(a) Lessee may not assign or sublet this Lease without the prior uzitten consent of Lessor,
which consent shall not be withheld or delayed without reasonable cause. Notwithstanding
the provisions of this paragraph, as long as assignee assumes the obligations of this Lease,
Lessee's interest under this Lease may be sold, assigned or transfened by the Lessee
without any approval or consent of the Lessor to: (a) any entity controlling, controlled by
or under common control with Lessee; (b} any entity acquiring substantially all of the
assets of Lessee; (c) any entity that is authorized to sell telecommunications products ar
services under the "AT&T" or "Cingular" or any successor brand name(s) or other brand
name(s) used or licensed by Lessee's parent corporation ("Contract Affiliate"); or (d) any
successor entity in a merger or consolidation involving Lessee. As to other parties, this
Lease may not be sold, assigned or transferred without the written consent of the Lessor,
which such consent will not be withheld, conditioned or delayed without cause. Lessee
acknowledges and agrees that no assignment, sublease or other transfer of the Lessee's
rlghts under this Lease shall serve to constitute a release of the original named L,essee
andlor the then current Lessee. Any approved sublease that is entered into by Lessee shall
be subject to a11 of the provisions of tivs Lease.
(b) The parties aclaiowledge that this is a nonexclusive lease. Nothing in this Lease shail
preclude Lessar from leasing other space on the Property to any other person or entity
which may be in competition with Lessee, or any other parry, subject to the conditions set
forth in Section 11. Interference.
12
benefit of the parties, their respective successors, personal representatives and assia s.
2I. Surrender ofPremises.
At tl�e expiration of the initial term of this Lease, ar any Renewal Term, or any eazlier
termination of this Lease Lessee shall quit peacefullv and surrender possession of the Leased
Premises in as good condition as when it was delicered to Lessee, reasonable wear and tear
and casualty loss excepted. Lessee shall remove its equipment, personal property, Antenna
Facilities, and leasehold improvements from the Property on or before date of expiration or
ternlination, and shall repair any damage to the Property caused by such equipment, ail at
Lessee's own cost and expense.
22. MarkinQ and LiQktinQ Requirements.
Lessor acknowledges that it sha11 be responsible, at its soie cost and e�pense, for compliance
with a11 building marking and lighting requixements that the Federal Aviation Administration
("FAA") may require with sespect soleiy to the height of the Structure. 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, inespecrive of Lessee's
Antennae Facilities. Lessor sha11 indemnify and hold hannless Lessee from any fines or other
Iiabilities caused by Lessor's failure to comply with such requirements for an elevated water
storage faciiity Structure. Further, should the FAA cite Lessor, or in the event any claims aze
brought against Lessor because the Structure alone is not in compliance, as opposed to the
Structure with Anxenna Facilities, then Lessor sha11 indemni£y Lessee for fu11 costs, liabilities,
damages and expenses, including reasonable attorney's fees. Furthez, i£ Lessor does not cure
the conditions of noncompliance on the Structure within the time frame allowed by the citing
agency, Lessea may terminate this Lease immediately without any further Iiability hereunder
upon written notiae to Lessor.
Lessee aclaiowledges that it shall be responsible at its sole cost and expense, for compliance
with all building marking and lighting requirements that the FAA may require with respect to
Lessee's Antenna Facilities. In the event the FAA determines that the Struchu must be
addifionally marked, lighted, or in any way modifaed, due to the existence of Lessee's Antenna
Facilities, Lessee shall have the option to mark, light or modify the Structure at its sole
expense, or to terminate this Lease, pursuant to Section 12. Termination. 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 or object to such plans within trurty (30)
days of receipt, and failure to make any objection within said thirty (30) day period sha11 be
deemed approval by Lessor.
23. RFRadiakon Comnliance.
(a) The RF Engineer will perform a radiation survey of the Properiy following Lessee's initial
RF trazismissions on the Leased Premises. Lessee shali be responsible for all costs of such
survey, at a cost not to exceed $I,000.
(b) Lessee shall implement al� measures at the transmission site required by FCC regulafions,
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 iYs Radio
13
- -- _ �_.. / ��a
-
( fl E�ibits "A" through "E" listed
Exhibit "A" Legal Description and Site PZan
E�ibit "B" Antenna Facilities and Fi-equencies
E�ibit "C" Security PZan
E�ibit "D" Technical Minirrtum Site Standards
Exhibit "E" Memorandum ofLease Recording
[Remainder of this page is left intentionally blank]
t5
i
Approved:
Stephen P. 5chneider, General Manager
Saint Paul Regional Water Services
For Lessor:
BOARD OF WATER COA'INIISSIONERS
OF THE CTTY OF SAINT PAUL
FIN # 41-6005521
Patrick Harris, President
C
Approved as to form:
Assistant City Attorney
C
By
Mollie Gagnelius, Secretary
CITY OF SA1NT PAUL:
By
Mayor
By
City Clerk
By
Director, Office of Financial Services
For Lessee•
:VE`�V CLT�'GULAR �!'IRF,LESS, PCS, LLC, a
Delaware limited liabiliry company
$x�
By: AT&T Mobi ' Corporarion
Its Manag
By.
eorge A .Tay r
Its: Di � of Networ - Oper tions
Tax ID #
.�:��: _ :
Property Address:
1515 North Cleveland Avenue
St. Paul, Minnesota 55108
Property Legal Description:
Lots One (1) and Two (2) all in Block One (1) of St. Anthony Park North,
according to the recorded plat thereof on file and of record in the office of the
Register of Deeds in and for said County.
Ramsey County PIN:
20-29-23-14-0069
Site Number:
MPLSMN1421
A partial set of plan sheets are artached hereto and incorporated
herein Eahibit "A".
The complete set of plans are subject to review and final
approval hy Lessor.
EXHIBIT "A"
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EXI�IBTT `B"
New Cinpular Wireless, PCS, LLC
5t. Anthony Water Tower
Antenna Facilities and Frequencies
LESSEE ANTENNA FACILTI'IES AND FREQUENCTES
Base Station Cabinets:
Nokia Ultrasite and Power Cabinet
Antennas:
Panel type. Masimum of 6 per site.
Frequencies - Band A
Receive Range: 824-835, 845-846, 1885-1890 MHz
Transmit Range: 869-880, 890-891, 1965-1970 MHz
Receive Transmit
R� (MRz) Tx (MHz)
Channel 1 g24-835 869-880
2 824-835 &69-880
3 824-835 869-880
4 845-846, 890-891
5 845-846, 890-891
6 845-846, 890-891
� 1885-1890 1965-1970
g 1885-1890 1965-1970
9 1885-1890 1965-1970
EXHI�fT "�"
�i � i t
ModulationlStandazd:
Maximum ETRP:
Channel Bandwidth:
Antenna Information:
Antenna Configuration:
Governing FCC Rules:
Intermodulation Levels:
GSM and UI`MS
+63dBm per carrier per sector
150 NSHz
Powerwave 7750 Antenna Size
Gain =15.2dBi 55" x 11" x 4"
Azimuth beam width = 65 Weight = 2716s
Elevation beam width 6.9
2 antennas per sectors
3 sector design
Center of sectors at 30, 100, 290 wrt TRUB NORTH
Horizontal Spacing: 12'
Code of Federal Rea lations
Title 47 (Telecommunications)
Part 24 (subpart E)
Compliant per EN 300 386-2 and 47 CFR Ch 1, Part 15, Subpart B
EXHIBtT "B"
, � .. .
Remote Facilities Access
Saint Paui Regional Water Services (SPRWS)
Standard Operating Procedure (SOP)
Effective Date:
IN1`E1V'T:
SPRWS is dedicated to providing its employees with the safest work environment possible and
to takuig every reasonable precaution to ensure the safety of potable water delivered to our
communities. This SOP provides condifions for persons with need to access SPRWS facilities
outside the McCarrons Center facilities (Remote Faci&ties). It establishes procedures for access
as we11 as the issuance and display of proper identification by persons with unescorted access
xights.
SECURITY OF FACILTTIES:
Persons with routine access to remote facilities include SPRWS staff, agents of entities leasing
space, agents of various cities, and various law enforcement personnel. Other entities also have
occasional access needs under the supervision of SPRWS staff. With so many persons having
legitimate access needs, it is imperative that specific procedures be established to ensure that the
highest level of security possible. As a result, the following procedures are established:
1.0 FACILTTY LOCKS
1.01 All Remote Faciliries will be secured with high-security locks utilizing high-security keys (Ke}�s).
a) Locks will be furnished and installed by SPRWS.
b) No other locks are permitted, and all such other locks will be removed and disposed of.
1.02 Issuance af Kays
a) SPRWS staff that require access, as determined by the appropriate SPRWS division manager,
will be issued Keys. Such Keys will be reduced to the lowest possible number.
1. SPRW S staff aze responsible for the safe keeping of Keys issued to them.
2. Repeated lost keys will be considered negligence and may result in conective action
andlor discipline by SPRWS management.
b) Other agents who require access, as determined by the appropriate SPRWS divisian manager
(Authorized Agents), will be issued site-specific Keys.
1. Authorized Agents may include, but are not necessarily lunited to, those of local, state
and federal govemmental units and law enforcement agencies (Public Agencies), and
those of utility or maurtenance companies (Private Agencies).
EXHfBIT "C"
/: r,
The number of site specific Keys issued will be limited to the lowest number needed by
each Authorizecl Agent, as detemvned b� SPRWS.
3. Prior to issuance of replacement Keys, both Public and Private Agencies must pay a
key replacement charge, which shall be either the actual cost of replacement or $75
per Key, whichever is greater.
4. Any Private Agency which has lost more than 5% of the keys issued to them will be
required to pay all costs necessary to re-key the affected facilities, plus all costs to
reissue Keys to all Private and Public Agencies Key holders of record.
c) Key audits will be conducted at least once each calendar year.
l. Each SPRWS staff inember, and each Authorized Agent, to whom SPRWS
Keys were issued will be required to sign a Key Audit Statement
acknowledging their continued possession of the Key.
2. Both Public and Private Agencies are responsible £or the return of all Keys
issued to theix agents who leave theu employ ox are no longer requi�ed by the
Authorized Agency to access SPRWS facilities.
3. Lost keys must be reported immediately to SPRWS by contacting the Engine
Room at 651-266-1660.
4. Repeated losses may result in deposit requirements, as may be determined
necessary by SPRWS staff.
2.0
2.01 All SPRWS staff and personnel are issued a SPRWS photo identificafion card (ID
Card) at the McCarrons facility. Authorized Agents desiring to access sites without
escort will be required to have and display SPRWS issued photo ID cards.
2.02 SPRWS will issue, at the McCanons facility, photo identificarion cards to the
Authorized Agents o£ Private Agencies by appointment. Call 651-266-1627 to
schedule an appointment.
a) Persons presenting themselves for ID Cards must haue the foilowing:
1. Govemment issued photo identificafion (drivers license, passport, etc.).
2. Completed background check from Securint.com site.
EXHIBIT "C"
o� ��
Y�ie amount of $150 as a refundable deposit for the ID Card. Deposits will be
refunded upon retum of the ID Card to the desi�ated SPRW S personnel. Increased
deposit amounts may be required for applicants from Private Agencies who have
high loss ratios as determined by SPRWS.
b) All persons issued ID Cards are responsible for their safekeeping and controL They are
issued far the sole use aud convenience of the person listed on the face of the ID, and
they may not be used for other than the official performance of duties.
2.03 Private Agencies aze ultimately responsible for the return of all ID Cards issued to their
agents who Seave their employ and no longer have the need to access SPRWS facilities.
a) ID Card audits will be conducted at least once each calendar year.
3.0
1. The loss or theft of an idenrification card must be reported immediately to Mary
Hiber at 651-266-1627. After hours lost ox stolen ID cards must also be immediately
reported to SFRWS Engine Room at 651-266-1660.
2. Replacement cost for a lost ID Card will be established by SPRW S and posted at the
office where they are issued.
3. Deposits for ID Cards not returned by persons no longer employed by a Private
Agency will be forfeited.
3.01 Request to access site required prior to entry. Imoortant: note that the police wil( be called to
the site if a call is not made to SPRW S prior to entrv.
a) Routine and regularly scheduled
Whenever possible, Authorized Agencies that require repeated, rourine access should schedule such
access during normal business hours at least one day in advance by calling SPRWS Pumping Engineer
(PEII) at 651-266-1660. Pumping engineer will arrange for crew to meet agent on site and allow for
access after checking for proper 1D. Pumping Erigineer will verify that agents requesting access are those
that arranged for the access previously, and pass the authorized agents names to the field crew for
verification in the field. If access is allowed, field crew will notify PEII that an entry to a tower will
occur.
b) Emergencies
1. Contact PE II [651-266-1660].
2. a. PEII will check against a list of authorized companies for each site to ensure that
a particular company has reason to be on site.
b. If company is authorized, PEIT will make anangements with the Distribution
a$er-hours Turn-On truck to allow for access at the site.
EXHtBIT "C"
�j�-/l1�ro
') activity at the sife.
3. Under certain conditions, Distribution personnel may not be available, in which case
PEIIs will use their best judgment to determine if there is another way to �ant access
to the Agent, or to deny or delay access.
3.02 While at site.
a) While working at the facility, people with an ID Card must display it on the front of thelr
outermost garment above the waist at all times while on SPRW5 proper[y.
b) Persons who do not have an ID Cazd must be under escort of SPRWS ar other properly
identified person(s).
c) Authorized Agents are required to perform their necessary work on the site in a manner
that does not compromise site seourity. This includes, but is not limited fo, securing all
doors and gates before leaving the site.
3.03 Leaving site.
a) Authorized Agents must notify PEII [651-266-1b60] when leaving the site.
4.0 SYRWS CONTACTS
4.01 Normal and emergency access aPcer normal business hours:
PBII [651-266-1660].
If no answer, Dislribution Dispatch [651-266-6868].
-End-
EXHIBIT "C"
�� ~ra ��
Contractor Procedures for Entering SPRWS Water Tower Facilities
Routine Accesses:
1) Notify SPRWS Pumping Engineer at 651-266-1660 of desired access at least 24
hours prior to accessing site. Pumpina Engineer will verify that company has ab eement to be
on site, and if so will arrange for crew to meet contractor at designated time and place.
Contractor must provide names of all employees that wfll access the site.
2) At time of arranged access, provide IDs for SPRWS field crew. If IDs match the
names given to the Pumping Engineer, crew wi11 provide access. If not, no access will be
provided.
3) SPRWS field crew may accompany contractor while they are on site. If the crew
does not accompany contractor, contractnr must call the Pumping Engineer when they leave
the site.
Emergency Accesses:
Notify SPRWS Pumping Engineer at 651-266-1660 of need to access site.
ii. Pumping Engineer will verify that contractox has an agreement to be on a particular site.
iii. If contractor has agreement to be on site, and a reasonable explanation of the emergency
is given, Pumping Engineer will arrange for a crew to meet contractor at the site.
iv. Contractor will need to produce IDs and work orders.
If OK, crew will allow for access.
vi. Repeated emergencies will be cause for SFRWS to bill tbe contractor or deny access.
vii. Contractor will call Pumping Engineer when leaving site.
EXHIBIT "C"
- - Eghibit "D"
Technical Minimum Site Standards
TECHNICAL MINIMUM SITE STANDARDS
Saint Paul Regional Water Services Water Tower Antenna Site
l. A11 equipment must be housed in an RF tight, metai enclosure that provides at least 60 db
of attenuation to any internal RF signals. 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 IviHZ, 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. MaYimum transmitter power allowed 'anto the antenna feed line shall be 110 watts per
transmitter. Higher power levels will be considered on a case-by-case basis. Additional
protecfive devices may be required.
4. On1y jacketed copper Heliax cable shall be pernutted for transmission lines at the site.
All on-site intercabling must use RG19, RG/142, RG1214 or `h inch Superflex. RGlB or
any other single shielded cable will not be allowed.
5 Proposed transmitters that will cause second order, third order or fifth order
intermodulation products on existing receiver frequencies will not be permitted on the
site. A receiver with the satne frequency as an existing second order, third order or fifth
order intermodulation product at the site will not be permitted on the site.
6. A11 transmitters sha11 be equipped with band-pass cavities that wi11 provide at least
the foilowing attenuation of side band noise, if needed:
40 MHZ band:
150 MIIZ band:
450 MHZ band:
800/9D0 MI�Z band:
Microwave:
50 db at 1 MHZ
50 db at 1.5 MH7
50 db at 2.5 MH7
50 db at 10 MAZ
50 db at 20 MHZ
EXHIBIT "D"
TECffiVICAL MINIMUM STTE STANDARDS - Continued
7. Eacb 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
shxdy will be prepared by Lessor's communications engineer consisting of at
least the following items:
a. Intezmodulation interference (IM) calculations of all transmitters and
receivers known to exist in the area at time of a�plication. (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.
a Analysis of best equipment and antenna locations at the site.
d. Analysis of AC power requirements.
e. Report to prospective site user regarding applicatioti.
9. Plan and specifications to secure equipment to the tower must be submitted to
and approved by Saint Paul Regional Water Services prior to installation.
End -
EXHIBIT "D"
� � ` / /
of Lease Recording
Return to•
The Hall Institute, Inc.
11225 90 Ave. North Suite 201
Maple Grove, MN 55369
Re: Cell Site # MPLSMN1421; Cell Site Name: Lauderdale
Fixed Asset #: 10111983
(spare above this line far Recorder's use onlyJ
MEMORANAUM OF LEASE
TH1S MEMORnNDUM oF LEASE is entered into as of this day of , 2008,
by and beriveen BOARD OF WATER CONIMISSIONERS OF THE CITY OF SAINT PAUL, a
municipal corporation under the laws of the State of Minnesota ("Lessor"), and New Cingulaz Wireless
PCS, LLC, a Delaware limited liability company, ("Lessee").
1. LEaSE oF PIZEMISES. For the purpose of installing, operating, and maintaining a communication
facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor,
certain premises located at [address provided by Lessor], County of Ramsey, State of Minnesota, and
more particularly described in, and on the terms and conditions more particularly set forth in, that certain
Communication Facility Lease dated , 2008 (the "Lease") by and between Lessor
and Lessee, which terms and conditions are hereby incorporated by reference.
2. T"ne Term of Lease shall terminate on December 31, 2013, subject to three (3) additional terAns of five
(5) years each.
3. The Lease provides in part the grant of easement for unrestricted rights of access and to electric and
telephone facilifies.
4. The subject property affected by the filing and recording of this Memorandum of Lease is described
below:
[Properry description to be provided 'by Lessor]
(Signature and Acknowledgement Pages Follow)
O�-/���
- _ — essor:
Approved:
�
:
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
Assistant City Attorney
Approved:
S
Its Legal Counsel
BOARD OF WATER COMNIISSIONERS
OF THE CTTY OF SAINT PAUL
FIN 41-6005521
I:
Patrick Harris, President
By
Mollie Gagnelius, 5ecretary
CITY OR SAINT PAUL:
By
Mayor
By
City Clerk
By
Director, Office of Financial Services
For Lessee:
NEW CINGiILAR WIIZELESS, PCS, LLC,
a Delaware Limited Liability Company
By: AT&T Mobility Corporarion
ICs Manager
TaxID#
By
George A. Taylor
Its: Director of Network Operafions
- -- �iCI�O�WI.EDGEMENTS
BOARD OF WATER CONIDaSSIONERS OF THE CITY OF SA.INT PAUL
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On 2008, before me, Notary Public,
personally appeazed Patrick Harris, President, Board of Water Commissioners of the City of Saint Paul, a Minnesota municipal corporation,
on behaif of the corporation.
Witness my hand and official seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2008, before me, Notary Public,
personally appeared Mollie Gagnelius, Secretary, Boazd of Water Commissioners of the City of Saint Paul, a Minnesota municipal
corporation, on behalf of the corporation.
Witness my hand azid official seal.
Notary Public
Dd
CITY OF SAINT PAUL
STATE OF MIN[QESOTA )
)ss.
COUNTY OF RAMSEY )
On 2008, before me, , Notary PuUilc,
personally appeazed Ann Mulholland, Chief of Staff, on behalf of the Mayor of the City of Saint Paul, a Minnesota municipal corporation, on
behalf of the corporation.
Wifiess my hand and officiai seal.
Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2008, before me, Notary Public,
personally appeared Shari Moore, Ciry Clerk, Ciry of Saint Paul, aMinnzsota municipal corporation, on behalf of the corporation.
Witness my hand and officia] seal.
Notary Public
STATE OF MLNNESOTA )
)ss.
COUNTY OF RAMSEY )
Cn , 2008, Se:ore me, , Nctary Pablic,
personally appeared Mazgaret Ketly, Director, Office of Financial Services of the Ciry of Saint Paul, a Minnesota municipal corporation, on
behalf of the corporntion.
Witness my kiand and official seai.
Notary Public
o$ io� �
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPII�
I certify that I lmow or have satisfactory evidence that George A. Taylor is the person who appeared before me, and said
person acknowledged that he sigaed ttus instrument, on oath stated that he was authorized to execute the instrument and aclmowledged
it as ffie Director of Network Operarions of AT&T Mobility Corporntion, ffie Manager of New Cin�ulaz Wireless, PCS, LLC, a
Delaware Ilmited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the
insWment.
Dated:
Witness my hand and officiai seal.
Notary Public