10-192Council File # `Q ��
Green Sheet # � (7 �
Presented by
F
G
RESOLUTION
� PAUL, MINNESOTA
�
1 WHEREAS, the City of Saint Paul does possess fee simple title to the water tower site
2 commonly known as the Highwood Water Tower site, located at 670 McKnight Road,
3 Mapiewood, Minnesota (the "Propert}�'), such possession of title being for benefit of
4 the Board of Water Commissioners; and
WHEREAS, Clear Wireless, LLC desires to lease space at the Property from the Board
to install and operate a wireless communication system; and
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WHEREAS, the Board did adopt Boazd Resolution No. 7062 which approved a Lease
Agreement with Clear Wireless, LLC allowing such an installation, and which did also
request that the Honorable Council of the City of Saint Paul likewise grant approval of
the lease; now, therefore, be it
RESOLVED, that the Lease Agreement between the Board of Water Commissioners
of the City of Saint Paul and Clear Wireless, LLC allowing the installation and
operation of a wireless communication system at the Board's Water Tower site located
at 670 McKnight Road, Maplewood, Minnesota is hereby approved, and that the proper
officers are hereby authorized and directed to executed said Lease Agreement on behalf
of the City of Saint Paul.
Bosfrom
Carter
Harris
Helgen
Stazk
Thune
Adopted by Council: Date
Yeas Nays � Absent I Requested by Department of:
�
Adoption Certified by Co �il Secretary
By: ___'!�� /.
Approved py a ate � r 2p( (}
By:
Saint il Re ion er S vices
By:
Approved by the Office o i ncial rv' es
/� /��'
By: )'
Approved � b ; y p City Attomey ' �n —
By: `{�f �J�- (�i� U'°��`�v1
Approved by Mayor for Sub ission to Council
Br: �!�(,�n — �A�� r.e a-/� ao/v
—� V
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet �
l0'l� �- �'
DepartmenUOffice/Council: Date Initiated:
�A_WaterUtiliry 09FEB2010 Green Sheet NO: 3098277
Conpct Person & Phone- Deoartrnent Sent To Person Initial/Date
0 ater Utili Steve Schneider
Bill 7schida 0 �
66265 1 ' Attornev Lisa Veith
Assign 2 'nancialServices Mar retKell —�
Must Be on Council Agenda by (Date): Number 3 a or's Office 1Nn or Coleman /�lLi°` "/ �'
17-FEB-10 For O
Routing 4 ouncil
Doa Type:OTHER (DOESNT FIT ANY Order 5 i Clerk �]
CATEGOR`�
E-DOCUment Required: N
Document Contact:
Conqct Phone:
Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Adopt Council Resolution approving and authorizing execution of a lease agreement between the Boazd of Water Commissioners and
Ctear Wireless, LLC, allowing the installation of a Wi-Max wireless system at the Boazd's Highwood Water Tower site at 670
McKnight Road in Maplewood.
Attachments: 1) Staff Report, 2) Proposed Council Resolution, 3) Lease Agreement, 4) Board Resolution No. 7062
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Clear Wireless, LLC desires to lease space on the Boazd's Aigbwood Water Tower site located at 670 McKnight Road in Maplewood
to install and operate a Wi-Mas wireless system. The property is in the name of the City for benefit of the Boaxd.
Advantages If Approved:
Boazd of Water Commissioners will receive additional revenue.
Disadvantages If Approved:
None.
DisadvanWges If Not Approved:
Revenue potential will not be realized.
Total Amount of
Trensaction: CostlRevenue Budgeted:
Funding Source: Activity Number:
Financial Information:
(Explain)
February 10, 2010 10:11 AM Page 1
BOARD OF WATER COMMISSIONERS
RESOLUTION — GENERAL FORM
PRESENTED BY $yl(,OWSI.Ll
COMMISSIONER
10-192
7062
oar- Februarv 9, 2010
WHEREAS, Clear Wireless, LLC desires to lease space fromthe Board of Water Commissioners on
its Highwood Standpipe site located at 670 South McKnight Road in the city of Maplewood to
install and operate a Wi-M� communication system; and
WHEREAS, staff has prepared a Lease Agreement which provides for a 5-yeaz term that
automatically renews for three additional 5-year terms, starting at annual rent of $20,000 and
increasing each year by five percent (5%); and
WIIEREAS, staff has recommended approval of said Lease Agreement; now, therefore, be it
RESOLVED, that the Lease Agreement between the Boazd of Water Commissioners and Cleaz
Wireless, LLC allowing for the installation of Wi-Mas equipment at the Board's Highwood
Standpipe site is hereby approved in substantially the form submitted, and that the proper officers are
hereby authorized and directed to execute said Lease Agreement on behalf of the Board following
approval by the assistant city attorney; and, be it
FURTHER RESOLVED, that t�e Honorable Council of the City of Saint Paul is hereby requested
to approve said Lease Agreement and to authorize and direct the proper officers of the City of Saint
Paul to execute said Lease Agreement on behalf of the City.
Water Commissioners
Yeas Anfang
Bykowski
Kleindl
Vice President Zanmiller
President Harris
Nays
Adopted by the Board of Water Commissioners
Februarv 9, ?p10
In favor 5 ppposed 0 ''
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N�WPORT
X LOCATION MAP
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READ �AREFULt;Y BEF�RE SIGNL�IG
The undersi�ried a�reesthat in addifion to the non-r�fimtla6la ��ntenria Site .App{icaEion fee of� I 000, the uede�i�d
shalt be responsib:e foz aetuai cosu assoc;iated wjtfi tfie foil�wing:
a)" Pfan and sEnactural re�iew
b} Inspecfsfln
c) 'Inlerrnoitulapon study
d} Radiation siudy
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Signature of i�'"iretess Camer. ` _ Date� /Uf � �
re Lessee, not Aggticani) �
tiTame and ti[Ie of sigier: iVame .1 sk t,� �N C-2_ � �Y1 Titte: � r T � � ( GI GtQ - r�C�
(pnnt) (gri�t) " '
Mail eompieted Applicafion Farsn und required aYtachmests atong with S1,Q4U chcckmade payahte to $aard
of Vs'ater Comn2issiouets fo:
Bill Tschida
Saint Paul Re� oaat �razer Services
! 9(70 Rice St, Offiee Build'tna
St. Paul, A4N 55113
Questions_ Bil! Tschida 651-2fi6-6255 bil3.zxe�ac3.i;ii
TH IS APPLICATIO\T W`ILL SE REFER.ENCED RS AA1 EXHIBIT TC} THE SITE LEASE
AGREEhiEIVT.
10-192
SITE LEASE AGREEMENT
netween Board oi �Ja�er ^,o�n oi the ^,i�y ai �ain� �aul aud
Clear Wireless, LLC
This Lease Agreement ("Lease") is entered into this day of , 2010,
between the BOARD OF WATER COMNIISSIONERS OF THE CITY OF SA.INT PAUL, a
Minnesota municipal corporation ("Lessor"), and CZEAR WIRELESS, LLC, a Nevada
limited liability corporation ("Lessee").
Tn consideration of the terms and conditions of this Lease, the parties agree as follows:
1. Leased Premises.
Lessor hereby leases to Lessee certain space at Lessor's F�ighwood Standpipe, located at 670
McKnight Road, Maplewood, Minnes�ta 55119. The water storage facility and its
appurtenances ("Structura"), and the Lessor's land upon which the Struchxre is situated are
collectively called the "Properiy". The property interest leased and granted by the Lessor to
Lessee (collectively, the "Leased Premises") consists of the following:
• space inside the compound of approximately 7' x 10', 70 usable square feet;
• siructure exterior space for attachment of antennas at alpha, beta & gamma sectors at
90' FAGL;
• space required far cable runs to connect equipment and antennas;
• non-exclusive easements reqixired 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 Lessee except as described above
and as described on Exhibit "A," Legal Description and Site Plan.
2. Terms/Renewals.
(a) The uutial term of tlus Lease shall commence on the first day of the month following
Saint Paul City Council approval, (the "Commencement Date"), and shall expire on
December 31, 2014. Lessee and Lessor agree to enter into an addendum to this Lease
confiiming the Commencement Date, as contained in Exhibit "E," Memorandum of
Lease Recording, attached hereto and incorporated herein.
(b) Lessee shall have the right to e�tend this Lease for three (3) addifional five (5) year terms
(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 the terxns or
conditions of this Lease, ar uuless Lessee nofifies Lessor of its intenrion not to renew
prior to commencement of the succeeding Renewal Term.
3. Rent.
Rent shall consist of Base Rent and such Additional Rent as may apply. Lessee shall make
all payments of Base Rent and Addifional Rent to Lessor at the following address:
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Board of Water Commissioners
Attn: Accounting
1900 Rice Street, Office Building
Saint Paut, Miimesota 55113
Lessor's FIN number is # 41-6005521.
Lessee shatl pay all rent annually in advance, as indicated in the paymenf schedute below:
(a) Base Rent �
Lessee shall pay Lessor, as rent, the sum Qf Twenty Thousand Dollars ($20,000)
("Annuai RenY'}, per yeaz based upon Lessee's ivstallafion and operation.offlie antenna
facilities and frequencies identified in E�ibit "B," Antenna Facilities and Frequencies,
("Antenna Facilities"), attached hereto and incorp.orated herein,
The fitst year's Annuat Rent shall be pro-rated to the end of 20I0, and shalt be paid
witlun sixiy (60) days after the Commencement Date. Thereafter the Annuat Rent due
hereunder shall be paid prior to January first of each succeeding year.
- Lessee may not instaIl and/or operate ang additionat autennas oi related equipment.
beyond those Antenna Facilities and frequencies identified in E�ibit "B," Antenna
Facilities and Freguencies without the prior written consent of Lessor, such consent not
to be withheld, conditioned or delayed without cause.
(b) Annual Increase
Commencing January 1, 2011, and on January 1� of each subsequent year, the Annual
Rent shall be increased annually by five percent (5%).
(c) Additional Rent
Additional Rent means all amounts; other than Base. Rent provided for in pazagraph 3(a)
above, that Lessee sha11 be obligated to pay under this pazagraph or any other pazagraph
of this I,ease. Additional Rent shall include t�e following fees, costs and e�enses:
(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, I,essor shall provide Lessee doeumentation
from the taYing authority indicating with reasonahle certainty that the fax was
directly attdbutable to Lessee's tensncy. Lessee shall haue the right to file an
assessment appeal, and Lessor shall cooperate in any such appeal as reasonably
requested by Lessee, all at Lessee's sole cost and expense;
(3) all public utilitp rates, dues, and charges of any kind for utilities used by Lessee at
the Leased Premises; and
(4) fees, costs, and expenses for pioperty insurance and/or uninst�red losses as set
forth in Secfion I3. Insurance.
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In the event that Lessee does not pay the reauired Additional Rent to the appropriate
party, Lessor may, at its option, and after fhirty (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) Primary Use of Properiy
The primary use and purpose of the Properiy, 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 connection with pursuit of the Primary
Use ("Lessor's Operafions") take priority over Lessee's operations.
(tz) Jeopazdv of Primarv Use
(1) In the event that the Lessor's Primary Use af the Sh is put at risk because of
Lessee's operarions ("Jeopazdy"), Lessor sha11 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 within thirty
(30) days of receipt of written notice of event. If Lessee does not cure the Jeopaiazdy
within thirfy (30) days of receipt of written notice of event, said occurrence of
Jeopardy shall constitute an event af default, by Lessee, as otherwise defined in
Section 12. Termination. If circumstances beyond the control of Lessee prohibit the
Jeopardy from reasonably being cured within thirfy (30) days, Lessee shall notify
Lessor of such circumstances and commenee actions required to cure the Jeopardy
(e.g. assessing the problem, ardering necessary equipment) within seven (7) days of
Lessor's written notice of Jeopardy and shall diligently pwsue the cure to completion
within a reasonable time thereafter.
(2) In the event of Jeopardy that poses an unmediate threat of substantial harm or damage
to the water supply, to persons, and/ar property on the Leased Premises, as sol�ly
deternuned by Lessor ("Severe Jeopardy"), Lessor may enter the Leased Premises
and take acfions it determines are required to protect the water, individuals or
personal property from such Severe Jeopardy; provided that promptly after sueh
emergency entry onto the Leased Premises, and in no event later than twenty-four
(24) hours after such entry, Lessor gives written notice to Lessee of Lessor's
emergency entrance.
(3) If Lessor determines that the conditions of a Severe Jeopardy would be benefited by
cessation of Lessee's operations, Lessee shall 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 the 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, repair, replace, store or remove its antennas, ufility building equipment,
personal property, leasehold improvements, and appurtenances .(collectively,
"Antenna Facilities") as shown in Exhibit "B", Antenna Facilities and FYequencies
and attached Exhibit "A", Legal Description and Site Plan.
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(d) Laws Governing Use
Lessee shall use the Leased Premises only in accordance with good engineering practices
and in compliattce with all applicable Federal Communications Commission ("FCC")
federal, state, and local rules, laws and regulations. This Lease is contingant 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 pemuts, licenses or approvals. Lessor agrees to
cooperate with Lessee in Lessee's pursuit of all such necessaty permits, licenses.or
approvals, and T,essee shall reimburse Lessor its reasonable costs to provide such
cooperation.
5. Installahon ofEauininent and Leasehold Improvernents.
(a) Conshuctian Plans
For the. initial installation of all Antenna Facilities and for any aud all snbsaquent .
revisions and/or modifications thereof, or additions thereto, Lessee shall provide Lessor
and Lessor's VJater Tower Conshuction Ellgllleer ("Coustr�uction Enginear") each witki
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 methads;
2} specifications for all planned iustallations; �
3) diagrams of proposed Antenna Facilities;
4) a complete and detailed inventory of ali eqnipment and personal property of
Lessee.
Covstruction Plans shall 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 tturly (30) business days to review the Construction Plans. If
Lessor fails to either approve the Coushliction Plans or provide written request for •
changes of said� Constnxction 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 Construcfion Pians by Construction Engineer.
(b) Coustrliction Schedulin¢
At least three (3) days prior fo Lessee's construction mobilization, Lessee sha11 conduct a
pre-construction meeting on the Property. Said meeting shall be attended by the
Coushuction Engineer, Lessee's representative and atl parties involved in the installation.
(c) Construction Inspecfion. ,
All construction activity shall be subject to inspection and approval by the Construction
Engineer. If deemed necessary by the Consu Engineer, constructian work
performed without direct inspection and approval of the Construction Engineer will not
be accepted and shall be removed or uninst�.11ed at Lessee's sale eapense. Lessee shall be
solely responsible for all cosfs associated wifh said inspection and approval of
construction work by Construction Engineer.
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(d) Exposed Antenna Facilities
All-Antenna Facilities affixed to the Sfructure which have e�terior exposure shall be as
close to the color of the Structure as is commercially available to the Lessee. For exposed
coaxial cables, Lessor reserves the right to require Lessee to provide cables in
manufactured colors in lieu of painting.
(e) Damaee by Lessee
Any damage to the-Property, Leased Premises, or Lessor's equipment thereon caused by
Lessee's installation or operations shall be repaired or replaced at Lessee's expense and to
Lessor's reasonabte satisfaction. �
6. Maintenance and Renairs.
{a) Pro e
Lessor reserves the right to take any action it deems necessary, in its sole and reasonable
discretion, to repair, maintain, alter, or unprove the Properiy in connection with Lessor's
Operations..
(b) Stnxcture Reconditionin¢ and Repairs
1. 'From time to time, Lessor paints, reconditions, or otherwise nnproves or repairs the
Structure in a substantial way ("Reconditioning Work"). Lessor shall reasonably
cooperate with Lessee to carry out Reconditioning Work activities in a manner that
inininiizes interference with Lessee's Approved Use.
2. Prior to commencing Reconditioning Work, Lessor shall provide Lessee with not less
than sisty (60) days priar written notice thereo£ Upon receiving such notice, it shall
be the sole responsibility of Lessee to provide adequate measures to cover or
otherwzse protect Lessee's Antenna Facilides from the consequences of such
activities, including bt�t not lisnited to paint and debris fallout. Lessor reserves the
right to require Lessee to remove all Antenna Facilities &om the Structure and Leased
Premises during Recanditioning work.
3. During Lessor's Reconditioning Work, Lessee may maintain a mobile site on the
Properiy or, after approval by Lessor, on any land owned or controlled by Lessor in
the immediate area of the Property.
4. Lessee may request a modification of Lessor's procedures for carrying out
Reconditioning Work in order to reduce the interference with Lessee's Approved
Use. If Lassor agrees ta the modification, Lessee shall be responsible for atl
incremental cost related to the modification.
5. For minor repairs or maintenance, Lessor agrees to provide Lessee with five (5� days
advance notice of any such activities and to reasonably cooperate with Lessee to carry
out such activities in a manner that minim;zes interference with Lessee's Approved
USE.
(c) Leased Premises
Less,ee shall, 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. '
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7. PronerlvAecess.
Access to the Properiy, inc3uding the Leased Premises, by outside persons, incIuding
Lessee's employees, agents and assigns, shall at a11 times be governed by Lessor's Secnriky
P1an, aitached hereto and. incorporated hereiu as Exhibit `.`C", Security Plan. Lessee agrees it
shall conduct its operations on the Property and the Leased Premises in accordance with all
requirements and conditions of said Security Plan. Subjecf to said requirements and
cbnditians of said Security Plan, Lessee and Lessor agree to the following:
(a) Lessee shall have access to the Leased Premises and Praperiy twe�ty-four (24) hours a
day, seven (7) days a week by means of e�sting access for any purpose relating to this
Lease.
(b) Lessee may, at its own cost and expense, enter upon the Property to study and deternriue
the Properiy's suitability for any other use of Lessee, which studies may include surveys,
radio wave propagation measurements, or field strength tests.
(c} Lessor ratains the right to examine and inspect the Leased Premises for safety reasons and -
to ensure that Lessoi's covenants aze being met_ Lessor shall be liable for, and hold -
harmless Lessee from; ariy damage to tke Leased Premises or to Lessee's equipment and
Antenna Facilities caused by Lessor in exercising its right to exauziue and inspect fhe
Leased Premises.
8. UtiZities. .
Lessor makes no representations that utilifies adequate for Lessee's use of the Leased
Premises aze auailable. Lessee shall be responsible for the cost of all utilities. installed and
used by it at the L,eased Premises. I,essor will cooperate with I,essee in Lessee's efforts to
abtain utilities from any location provided by the servicing utility.
9. Personal Pronertv and Real Estate Taxes.
If any of Lessee's improvements constructed on the Leased Premises should cause the
Properiy, or any portion of it, to be tased for real estate purposes, it shall be the liability of
Lessee to pay thaY portion of such property #aYes direcfly attributable to Lessee's equipment,
provided Lessor shall give T,essee prior written notification of such taYes so that Lessee will
ha�e the opporhxnity to appeaz before the tasing authority to contest such tases.
NotwitUstanding Lessee's right to contest such taxes, Lessee shall pay its share of such ta�ces
within ninety (90) days of receiving notice of the same.
I0. ComplianceRndSfatutes. Regulakons. ¢ndAnprovals..
� L�ssee's use of the Leased Premises herein is contingent upon its obtaiuiug atl �ertificates,
permits, zoning, and other approvals that may be required by any federat, state or local
authority, including but not limited to an engineering study and a radio frequency
interFerence study. Lessee's Antenna Faciliiies and any other facilities shall he insta}led,
maintained, and operated in accordance with all state or federal or local or municipal statutes,
ordinances, rules, or regulations now in effect, or that hereaftex may be issued by the FCC or
any otfier governing bodies, and in accordance with Lessor's technical m;n;mutri site
standatcls, attached hereto and iucorporated herein as E�xibit "D," Technical �nimum Site
Standards.
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Z I. Interl'erenee.
(a) All frequencies proposed for initial use shall be evaluated by Lessor's registered
professional radio frequeney engineer ("RF Engineer"}, and Lessee shall be responsible
for all costs of said evaluation, at a cost not to exceed $1,000. RF Ena neer shall provide
said evaluation no later than thir[y (30) days after frequencies aze 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 thiriy (30) days written notice to Lessor befare modifying or
placing additional transmitter or receiver frequencies on the Leased Premises. Said notice
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 withheld,
conditioned or delayed without cause. Said review shall consist of necessary interference
studies to ensure that the modified or additional frequencies will not causa hannful radio
interference to Lessor's Operations ar the operations of Lessor's existing Yenants. Lessee
shall pay a11 costs for any such interference studies..In the alternative, Lessee may
perform the interference studies and submit the results to the Lessor for review. and
approval. However, Lessor sha11, 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.
(c) In the performance of its Approved Use, Lessee shall not damage or interfere with
Lessor's Operations, including its radio frequency transmissions, or approved operations
of other parkies that were tenants an the Property prior to the Commencement Date of this
Lease, provided that the equipment used by Lessor or other tenants is operating within
the technical perimeters specified by its manufacturer andlor as defined by the FCC. In
the event of any such interference, Lessea shall take all actions necessary to unmediately
eliminate such interference in accardance with reasonable technical standards. In the
event Lessee cannot correct the interference, Lessee shall have the option to terminate
this Lease, pursuant to Section 12. Termination. Lessee shall not be responsible for
interference that results from a change in the operatians of other tenants after the
Commancement Date of this Lease.
(d) Lessor wi11 not grant a lease to any other pariy for use of the Properiy, if such use would,
or would likely, interfere with Lessee's Approved Use. Any future lease by Lessor of the
Property ta addifional parties that pernuts the installation of communications equipment
shall be condirioned upon not interfering with Lessee's Approved Use. Notwithstanding
the foregoing, Lessee aclrnowledges that Lessar may lease the Properiy, or any part of it,
to other parties in close proximity to the Leased Premises, and Lessee agrees to work
cooperatively with any suc7i other . parties, using accepted technical standards in
accordance with FCC standards, to ensure that such other parties' use and Lessee's use
will be compatible and will not cause interference with eack other. Lessor agrees that it
will require the same obligation of all such future parties in any lease or agreement with
such future parties. Further, Lessee agrees to meet the condi6ons set forth in E�ibit
"D," Technical Minimum Site Standards.
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(e) Lessor in no way guarantees to Lessee noninterference with Lessee's t�ansmission
operations, provided, however, fhat in the event that any other party requests permission
to place any type of additional antenna or transmission facility an the Properiy, the
procedures of tUis Section .shall govern to determiue 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 parfy seeking to lease
spaca on the Property, Lessor shall submit the proposal, complete with all technical
specificaxions reasonahly xequested by Lessee, to Lessee for review for noninterference.
Lessee shall have thirry (30) days following receipt of said proposal to mai�e any
, bfeetia �
- shall be deemed consent by I,essee, subject to interference provisions of paragraph 11(c)
of this Lease, to the installation o€ antennas or #ransmission facilities pursuant to said
proposal: Lessee shall not be responsible for the e�enses incurred in any.�cdependeut
validation ofsuch interference objectians.
(�.-In the event that Lesse€ or other tenants on the Froperty experience interference of tlieis -... :.
approved frequencies and they cannot reach ageement as .to. tha cause _and remedy of.
such interference, the RF Engineer shall deteimine such cause and remedy and Lessee .
shall abide by the RF Engineer's determination. Lessor agrees thax it will reqnire the
same obligation of all such fixture parties in. any lease or a�eement w�th such other
parties.
l2. Permination.
Except as otherwise provided herein, this Lease map be tenuaiated by either party upon siYty
(60) days written no6ce [except under 12.(c)(2)] to the other party for the following reasoas:
(a) By either pariy, upon a material default of any other covenant or 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 parry (without, however, limiting any other rights o£ the parties at
law, in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be
completed within sixty (60) days, within such reasonable time as may be required,
provided the defaulting parry commences the cure within ten (1Q) days of receipt of
vvritten notice of defaulf and diligentIy pursues such cure to completion;
(bj By Lessee, in the event that:
(1) Lessee is unable ta obtain or maintain any license, permit, or other govemmental
approval necessary for the consiruction and/or operation of the tlntenna Facilities;
(2) the Leased Premises are or become unusable under Lessee's design or,
engineering specifications for its Antenna Facilities, ar the communications
system to which the Antenna Facilifies belong; or
(3) Lessee's transmission is interfered with by Lessor or its other tenants' equipment.
Such right to terminate shall become void if Lessor cures such interference witlun
thirty (30) days of receipt of written notice.
(c) By Lessor, in the event that:
(1) Lessor detennuies, after review by an independent struchxral engineer, that the
Property is struchually unsound, including but not limited to consideration of age
10-192
of the Structure, damage or destruction of all or part of the Property from any
source, or faetors relating to condirion of the Property;
(2) Lessee fails to pay zent provided for in Section 3. Rent within thirty (30) days of
receipt of written notice from Lessor of a rent or other payment being overdue; or
(3) Lessee does not complete installation of its Antenna Facilities as shown on
E�ibit "B", Antenna Facilities and Frequencies within one (1) year of the
Commencement Date of this Lease.
If this Lease is terniivated, pursuant to the terms and conditions of this Lease, rent shall be
pro-rated to the expiration date or the date on wluch all of Lessee's equipment is removed
from the Leased Premises, whichever is later [in the event of Ternunation under Sections
12.(a) by Lessee, 12.(c)(2), or 12.(c)(3)], or whichever is earlier (in the event of Tern7niation
under anq other Section). Within thiriy (30) days after the date of the teimination, Lessor
shail, if applicable, ieturn to Lessee any amounts that Lessee has prepaid to Lessor.
I3. Insurance.
(a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and
a11 claims, demands, actions, judgments, expenses, and liabilities that may arise out of ox
result $om Lessee's use of the Leased Premises. Any applicable liability policy shall list
the Lessor and the City of Saint Paul as additional insured, and sha11 provide that it will
be the primary coverage. The insurance coverage must inelude, at a minimum,
Comprehensive General Liability Insurance Coverage, including premises/operation
coverage, bodiiy 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 Aundred Thousand Doliars ($1,500,000) per occurrenee,
suhject to Three Million Dollars ($3,000,000) aggregate. Lessee may satisfy this
requirement with underlying insurance and/or an umbrella policy.
(b) Lessee shall provide Lessor, 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 1'icensed to do business in the State of
Minnesota, which includes all coverage_ required in paragraph 13(a) above. Said
cettificafe shall al�o provide that the coverage may not be canceled, or non-renewed, or
materially changed without tluriy (30) days written notice to Lessor.
I4. Indemnitv.
Lessee agrees to indenwify, defend, save, and hold harinless Lessor and the City of Saint
Paul, andlor 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 1'remises by the Lessor to Lessee, or arising out of, or by reason of,
tfie use ar condition of the Leased Premises, or as a resnit of Lessee's operations or business
activities taking place on the Leased Premises, provided the same is not due to the
contributorX 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."
9
10-192
I5. Damape or Destruction.
If the Properiy or any portion thereof is destroyed or damaged "so as fo liinder its effective.
use, Lessee may elect to termivate fhis Lease upon tivrty (30) days written nofice to Lessor.
In such eveut, all rights and_obligations of the parties shall cease as of the date ctf tha damage
or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by
Lessee, prorated to the date of the event.
16. Notices.
All notices, requests, demands, and otker commu2rications hereunder shall be in writing and
shall be deemeti given when personally delivered or mailed, cerlified mail, return receipt
requesfed, to the following addresses: ,
I#'to Lessor: Board of Water Commissioners
Attu: General Manager
1400 Rice Street, Office Building..
Saint Paul, Minn esota 55113 _
If to Lessee, to: Clear VJireless, LLC
Attn: Site Leasirig
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-21 b-7600
Fas: 425-216-7900
Email: Sifeleasing@clearwire.com
With a copy to: Clear .Wireless, LLC
Aftention: I,egal Deparhnent
4400 Carillon Point .
Kirkland, WA 9$033
Telephone: 425-216-7600
Fas: 425-216-7900
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 Properiy free and clear of any liens or
mortgages, subject.to such liens of zecord; (iii) Lessee shall ha�e quiet enjoymeat of the
Leased Premises during the term of tliis Lease in accordance with its terms.
(b) Lessee warrants that the individuals si�ing and execuring this Lease on behalf of Lessee
have the requisite corporate power and authority to enter into and perform this Lease on
behalf of Lessee.
(c) F,essor represents that it has no knowledge af any substance, chemical or waste on the
Property that is identified as hazazdous, toxic or daugerous in any applicable federal, state
or locaI law or regulation as defined iri pazagraph 17 (c) of this Lease. Lessor will be
solely fiable for and will defend, indeinnify and hold Lessee, its ageats and empioyees
harmless from and against any and all direct claims, costs and liabilities, including
reasonable attorneys' fees and costs, arising out of or in connection witk the removal,
fIl]
.
10-192
cleanup or restoration of the Properfy with respect to hazardous, to�c or dangerous
materials from any and all sources other than those hazazdous, to�c 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
Properiy nor transport to or over the Property any hazardous substance, chemical or waste
contrary to any law or regulafion. Lessee further agrees to hold Lessor hatmless from
and indemnify Lessor against any release of any such hazardous substance, and any
damage, loss, expense, or liability resulting from the breach of this representation or from
the violation of any state or federal law by such release associated with Lessee's use of
hazardous substances, including payment of all reasonable attorneys' fees, costs, and
pznalties incurred as a result thereof, except for any release caused by the negligence or
willful misconduct of Lessor, its employees, or agents.
(d) "Hazazdous substance" shall be interpreted broadly to mean any substance or material
defined or designated as hazazdous or to�c waste, hazazdous or to�c material, hazardous
, or to�c or xadioactive substance, or other sunilar term by any federal, state, or local
environmental law, regulation ar rule presently in effect or promulgated in the future, as
such laws, regulafions, or rules may be amended from tnne to time. Lessor
aclmowledges Lessee's use of batteries as back-up power and deems them acoeptable as
long as such batteries aze 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, Lessar shall 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 faeilities, nor shall Lessor be liable for any lost revenue, business or profits of
Lessee.
I9. Assi�rzment
(a) Lessee may 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, as long as assignee assumes the
obligafions of this Lease, Lessee's interest under this Lease may be sold, assigned or
transferred by the Lessee without any appxoval or consent of the Lessor to: (a) any entity
controlling controlled by or under common control with Lessee; (b) any enfity acquiring
substantially a11 of the assets of Lessee; (c) any enfity that is authorized to sell
telecornmunications products or services under the Clear Wireless, LLC or Clearwire or
any successor brand name(s) or other brand name(s) used or licensed by Lessee's parent
corporatian ("Contract Affliate"); or (d) any successor enfity in a merger or
consolidation involving Lessee. Lessee shall provide Lessor written notice of such
assignments within thirty (30) days of execution. As to other parties, this Lease may not
be sold, assigned or transferred without the written consent of tlze Lessor, which such
consent will not be withheld, conditioned or delayed without eause. Lessee acknowledges
and agrees that no assignment, sublease or other traxisfer of the Lessee's rights under fhis
Lease shall serve to constitute a release of the original named Lessee and/or the then
current Lessee. Any approved sublease that is entered into by Lessee shall be subject to
a11 of the provisions of this Lease.
11
10-192
(b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall
preclude Lessar from l.easing other space on the Properiy to any other person or entity
wkich may be .in eompetition wifh Lessee,. or any other party, subject.to the conditions set
fortk in Section 11. InteYference..
20. Successors ¢ndAssi�ns.
This Lease shall run with the Properiy. This Lease shall be binding upon and inure to the
benefit of the parties, their respecfive successors, personal representatives and assigns.
21. Surrender. ofPremises.
At the expiration of the initial term of this Lease, or any Renewal Term, or any earlier
tetuvnation of this Lease, Lessee shall quit peacefully and surrender possession of the I,eased
Preinises in as good condifion as wken it was.delivered to Lessee, reasonable wear and tear
an� casualty loss excepted. Lessee. shall remove its equipment, personal property, Antenna
Facilities, and leasehold imgravements from the Properiy on or before date of expiration or
teimination, and shatl repair any damage ta the Property. caused by such equipment, all at
Lessee's own cost aud expense: -
22. Markin� andLiehting&equirements.
Lessor acknowledges that it sliall be responsible; at its sole-cost-and expense, for compliance
with all building mazking and lighting requirements that the Federal Aviation Aduiinistratiou
("FAA") may require with respect solely to fhe height of the Struct�e. The responsibility,.
however, is expressly limited to the reguirements that would be required of an elevated wafer
storage facility having no communications equipment iustalled on it, irrespective of Lessee's
Antennae Facilities. I,essor shall inde�uify and hold harmless Lessee from any fines or other
iiabilities caused_by Lessor's failure to.comply with such requirements for an elevated water
storage facility Structure. Further, should the FAA cite Lessor, or in the event any claims ate
brought against Lessor because the Structure alone is not m compliance, as opposed to the
Structure with Anfenna Facilities, then L,essor sha11 indemuify Lessee far full costs,
liabili#ies, damages and eapenses, including reasonable attorney's fees. Further, if Lessor
does not eure the conditions of noncompiiance on the Structure within the time frame.
allowed by the citing agency, Lessee may teruiinate this I.ease immediately without any
fiuther liability hereunder upon written notice to I,essor.
Lessee acl�owledges that it shall be responsible at ifs sole cost and expense, �or compliance
with all buildiug marking and lighting requirements that the FAA may require with tespect to
Lessee's Antenna Facilities. In the event the FAA detenuiues that the Stcucture must be
additionally marked, lighted, or in any way modified, due to the e�stence of Lessee's
Antenna Facilities, Lessee sha11 kave fhe optian to mark, light or modify the Struchxre at its
sole expense, or to temuaate this Lease; pursuant to Section 12. Termination. Said marlfing,
Iighting aud modifying shall be suhjeet to prior written approyal by Lessor, such approval not -
to be witUheid without cause. Lessor shall approve ar object to such plans within tlxirty (30)
days of receipt, and failure to make any objection within said tUi.rty (30) day pariod shall be
deemed approval by Lessor.
23. RFRadiation Cor�zDliance.
(a) 'Ti7e RF Engineer will perform a radiation survey of the Eroperty foflowing Less�e's -
inifial RF transmissions on the Leased Premises. Lessee sha11 be responsible for all costs
of sueh survey; at a cost not to exceed $1,000.
12
10-192
(b) Lessee sha�l implement al� measures at ihe transmission site required by FCC regulations,
including but not limited to posting signs and markings. Lessor shall cooperate with and
pemut Lessee to implement a11 reasonable measures in order for Lessee to fulfill its
(c) Radio Frequency exposure obligations. Lessor a�rees that in the event any future pariy
causes the entire site to exceed FCC Radio Frequency radiation limits, as measured on
the Premises, Lessor sha11 hold such future pariy liable for all such later-arising non-
compliance.
24. Third Partv Aaaroval,s, Inspections and �valuations.
The Lessee shall be responsible for all costs associated with obtaining required reviews,
approvaJs, inspections, studies surveys or evaluatians, whether required by this Lease or by
other goYerning authorities.
25. Noise Restrictions.
Noise from Lessee's equipment shall not exceed the level allowed by the city's Department
of Safety and Inspecfions (55 decibels at commencement of lease), as measured at any
location on neighboring property ("Allowable Noise Level"). Lessor will take noise lepel
measurements from time to time to verify compliance. In the event it is found that Lessee's
equipment exceeds the Allowable Noise Level, Lessor shall provide Lessee with written
notice atid Lessee shall take ittunediate steps to provide permanent reduction in the noise of
its equipment to the Allowable Noise Level.
If Lessee does not so reduce its Measured Sound Level within sixty (60) days of receipt of
written notice of event, said occurrence shall constitute an event of default as otherwise
defined in Lease paragraph 12, Ter�nination.
26. Miscellarzeous.
(a) Each pariy agrees to furnish to the other, within thu�ty (30) days after notice of receipt of
the request, such truthfiil estoppel information as the other party may reasonably request.
(b) This Lease constitutes the entire agreement and understanding of the parties and
supersedes any and all offers, negotiations, or other agreements of any ldnd. There are no
representations or understandings of any kind not set forth herein. Any modification of
or amendment ta this Lease must be in writing 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 party. No waiver sfiall be implied by delay or any other aet or
omission of either party. No waiver by either party of any provisions of this Lease shall
be deemed a waiver of such provision with respect to any subsequent matter relating to
such provision. This Lease 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) This Lease shall be construed in accordance with tke laws of the State of Minnesota.
Aroy legal action may only be commenced and proceed in the relevant district court in
Ramsey County, Saint Paul, Miuuesota.
13
10-192
(d) If any temi of this Lease is found to be void or invalid, such invalidity shall not affect the
remaining terms of thfs Lease, which shall continue in full force and effect.
(e) Upon request by Lessee, Lessor agrees to execute a recordabie 1Vlemoranduxa of this
Lease.
(fl $�ibits "A" through "F" listed below aze hereby incorporated into tliis Lease by
reference.
Exhibit "A" Legal bescription and Site Plan
Eachibit "B" Antenna Facilities and Frequencies
E�ribit."G" Security Plan
E�ibit "D" Technical Minimum Site Standards
E�ibit "E" �ltemarandum ofLeaseRecording
E�bit "F" Application �'orrve
[Remainder of this. page is left inte�tionally blank]
14
e
10-192
EXTff�TI' ���"
Legal Description and Site Plan
The North 200 feet of the South 900 feet of the West 550 feet of the Southwest
Quarter of the Southwest Quarter of Section 12, Township 28 Range 22 in
Ramsey County , Minnesota, accarding to the United States Government Survey
thereof.
EXHIBIT "A"
10-192
Il�T WITNESS W�REOF, the parties hereto kave executed this Lease, the day anii
year first above wrilten::
For Lessor:- BQARD OF WATER COMIYIISSIONERS
OF THE CITY OF SAINT PAUL
Approved: F1N � 41-6005521
By By
Stephen P..Schneider, Genesal.Manager Patrick Harris, President _
Saint Paui Regional Water Services.
,
Approved as to form: �
By
Assistant City, Attornep
For Lessee:
Approved:
By
Ifs Legal Counsel
By
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor
City Cierk
Director, Office of Finanoial Service
CLEAR R��[iELESS, LLC, a Nevada
�imited liability corporation
7ason Caliento; Regional Director
15
MCNIGHT ROAD SOUTH
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10-192
F_ - X H RTT u1���
Clear Wireless, LLC
Highwood Standpipe
Antenna Facilities and Frequencies
LESSEE ANT�NNA FAC`II.IT`IES AND FREQUENCIES
Base Station Cabinets: Motorala equipment cabinet
See attached specificafions
Antennas: Base Station Cabinets: Motorola equipment cabinet
See attached specifications
Antennas:
Panel type. Maximum of 3 per site.
Microwaue. 3 Dish per site
Frequencies - Band A
Receive Range: 2625.5-2645.5 MHz
Transmit Range: 265.5-26555 MHz
Receive Transmit
lis (1KHz) Tg (MHz)
Channel 1 2625.5 2635.5
2 2635.5 2645.5
3 2645.5 2655.5
4
5
6
7
Antenna Size Freq
ANT Model (FT) (GHz)
E-Band 80 GHz 2' 2 80
Andrew VHLP2-18 2 18
Andrew VHLP2-23 2 23
EXHIBIT "�"
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io-i92
Modulation/Standard:
I u u P •
Channel Bandwidth:
Antenna Informatioa:
gPSZ�Q�nrr�t��
57 dBm per cazrier per sector
/ 1._
Gain =16dBi
Azimuth beam widtit = 65 Weigttt =13Icgs
Elevation beam width -7
Argus LLPX3IOR Antenna Size: 1070X300X115mm
Gain =i73dBi
Azimuttt beam width = 65 Weight =13kgs
Elevation beam width =7
Kathrein 840-10054 Antenna Size: 42"X13"X3" '
Antenna Configuration: Pt1NELS: 3 antennas per sectors
3 sector design '
- Center of sectors at 30, 150, 270 with TRLTENORTH
Horizontal Spacing: 4'
Governing FCC Rules:
Intermodulation Levels:
GPS Antenna:
Code of Federal Regulations
Tit1e 47 (Telecommunications)
Part 24 (subpart E)
Compliant per EN 30� 386-2 and 47 CFR Ch 1, Part 15, Subpart B
Motorola timing2000 Antenna Size: 5"X4"
Gain=N/A
Aziiuuth beam width = N/a Weight = 11oz
_ Elevation beam width =N/A
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10-192
SECURITY PLAN
Remote Facilifies Access
Saint Paul Regional Water Services (SPRWS)
Standard Operating Procednre (SOP)
Effective Date: January 1, 2004
INTENT:
SPRWS is dedicated to providina its employees with the safest work envuonment gossible and to takiztg
every reasonable precaufion to ensure the safety of potable water delivered to our communities. This SOP
provides conditions for persons with need to access SPRWS facilities outside the McCarrons water
freahnent facilifies (Remote �'acilifies). It establishes procedures for access as well as the issuance and
display of proper identification by persons with unescorted access rights.
SECiTRITY OF FACILITIES:
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 impezafive that specific procedures be established to ensure that the highest level of security
possible. As a result, the following procedures aze estabfished:
Plan is under construcrion.
-End-
EXHIBIT "C"
10-192
Eghibit "D"
Technical Minimum Site Standards
T`EC�`HNICAL MIlVIMLTM SITE STANDARDS
Saint Paul Regional Water Services Water Tower Antenna Site
1. All equipment must be housed in an RF tig�t, metal enclosure that provides at least 60 db
of �ttenuation to any internal RF signals. Desk-top base stations and open racks cannot
be used without special approval. Additional shielding ldts may be required. ,
2. At least 60 db af isolation for 450 MHZ, 800 MHZ and 900 MIIZ transmitters and 30 db
of isolation for 150 MHZ and 40 MHZ trausmitters must be provided, A harationic filter
must be provided on the transmitters between the antenna and any fertite device used.
Additionai 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 power levels will be considered on a case-by-case basis. Additional
protective devices may be required.
4. Only jacketed copper HeliaY cable shall be permitted for transmission lines at the site.
All on-site intercabling must use RG/9, RG/142, RG/214 or'/2 inch Supertlex. RG/8 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 e�sting receiver frequencies will not be permitted on the
site. A receiver with the same frequency as an e�stiug second order, thi�rd order or fifth
order intermodulation product at the site will not be permitted on the site.
6. All transmitters shall be equipped with band-pass cavities that will provide at least
the following attenuation of side band noise, if needed:
40 MHZ band: 50 db at 1 MIIZ
150 MFIZ band: 50 db at 1.5 N1IIZ
450 MHZ band: 50 db at 2.5 MHZ
800/900 MHZ bantl: 50 db at-10 MHZ
Microwave: 50 db at 20 MIIZ
EXHIBIT "D"
10-192
Eghibit "E"
Memorarzdum of Lease Recording
RecordingRequested by:
Clear Wueless, LLC
4400 Carillon Point
Kirkland, WA 9803�
When Recorded Mail to:
Cleaz Wireless, LLC
4400 Carillon Point
Kirkland, WA 98033
(space above this Iine for Recarder's use only)
MEMOIiANDUM OF LEASE
F THIS MEMORANDUM oF LEASE is entered into as of this day of
by and between BOARD OF WATER CONIlVIISSIONERS OF THE CI1'I' OF
' municipal corporation under the laws of the State of Minnesota ("Lessor"), and Clear
Nevada I'vnited liability corporation ("Lessee").
, 2010,
SAINT PAUL, a
Wireless, LLC, a
1. LEASE oF PREMISES. For the purpose of insfalling, operating, and maintaining a communication
facility and other improvements, Lessor hereby leases to Lessee, and Lessee hereby leases fram Lessor,
certain premises located at 670 McKnight Road, City of Maplewood, County of Ramsey, Stafe of
Minnesota, and more particularly descrfbed in, and on the terms and conditions more particularly set forth
in, that certain Communicafion Facility Lease dated (the "Lease") by and between
Lessor and Lessee, which terms and conditions aze hereby incorporated by reference.
2. The Term of Lease shall terminate on December 31, 2014, subject to three (3) additional terms of five
(5) years each.
3. The Lease provides in part the grant of easement for unresiricted rights of access and to electric and
telephone facilities.
4. The subject property afFected by the filing and recording of this Memorandum of Lease is described
below:
The North 200 feet of the South 900 feet of the West 550 feet of the Southwest Quarter of
the Southwest Quarter of Section 12, Township 28 Range 22 in Ramsey County ,
Minnesota, according to the United States Government Survey thereof.
(Signature and Aclrnowledgement Pages Follow)
EXHIBIT "E"
10-192
TECH1vICAI. MININ1C1iVI SITE STANDARBS - Continued
Each cabinet must be identified by the owner's name, address, FCC station
license number and the name and telephone number of the responsible service
agency.
8. Prior to approving any application for antenna space at the site, an engineering
study will be prepared by Lessor's commuaicafions engineer eonsisting of at-
least the following items:
a. Intermodulation interference (Il� calculations of all travsmitters ancl
receivers known to exist in the area at time of applicafion. (Study will
include 2nd, 3rd and Sth order IM ferms, and A+ B- C, three-product
terms.)
b. Transmitter noise and receiver desensing calculations of all equipment at
the site.
c. Analysis of best equipment and antentta locafions at the site.
d. Analysis of AC power requirements.
e. Report to prospective site user regarding application.
9. Plan and specifications to secure equipment to the tower must be submitted to
and approved by Saint Paul Regional Water Services prior to installation.
-End-
10-192
,
������rA s�T� U�:�s� �rPizc��r�o;v
' ' Board of �lafex Comnvssioners oi the c:�iy of Sainf'Paiii
3aint Paul Re�Qioeal b��ater Servaces
� n>tc�pnsnort>pcun<w_rJ,�ect} � � .
1�'ater Tower $i[e Nx�iie xnd flddress:
FVire�ess CarrieF: ��ea ��1 � re 1.. ��. v `
.. . . (Complets:ca�wratcnamc�atF�..� ,
WirelessGlrriercoe � �t�ti-. i�
:�� )
m� .�5��
— � —'r--
Wiretess.Carrier coiporate address; �J�� � w r� l o���.��'
_.�� I���l ��._ �1�v��i
t IVameofApplicant: �� ��-�dC� �do G�tulw���
2. AddressofApplicazrt: �-� r+�o.�z.o�'�' F�t+�, �o��r �I�U �.s�'rai
3. Cafttact gerscm for t�pplicant. �4� K^� � Direci Telephorte. 5�7 2«` � 7� - -
ceu: .�a7-3�4��3�� _ �-� ���.��f�`��. . �o�.,
4. Technica[ Advisor (if ami): `� Direct Teiephoite�_,�,�,,
CeEf' e-mait
5. Proposed Radio
6 Proposed RadiQ Fret�uency {s): o�` "��g� ��
(Specify o.i• attach a separate 1'sst)
7, T}�ge of Service jSMit, ES�[A, PCS, CallcAar, T�vo=Way Pa�ng,lticro�vave,l�SF"�, \�,�iMax, eta}
� , ��
S. Ui�license�t spectcum? � (Yti�') ,
Sf yes, idenrify in detail the portions a€ tfie project that uri11 use an un}icensed spectrum. Desig?ate this as a�
Attac[unent.
Uatiathere toi�dicateihattittacfu3Yentisattached.
Ffutiliz'rng a Distributed Anient�a System {DAS), pmc�ide Radio Freqvency Covera�e Ltaps prepared G� the FCC
Liceasee (s).
t'��,i�i-�`'S� 0!!03
EXk�IBIT "F"
io-i92
9 tIr_ii _?,Fc ;_`e er;iers�r �.�� ra rz�ia ireq�iericy 4ransmiasic�Ys� ic erry v�Fe: s:fe er s[tes ���;f.ca�ser•s��v..�,
propased, aF:anticipated7_ Y (Y/� .
Intereonnecpoainelt�des ane or rnarer�dio&equency 6nks forthegurposeto provide.For"l�ek-fiauP' framthis site
to a s�xitchiag.center or czatralized €eode tocahon.
Ffyes, what wilt the method ofinterconnection 6e? ��
•df yes, attacE�ed details add speei&cations. _��
f
[nitia( here to indicate detai}s and sgeci6cations �e attached.
I0, Antenna equipment — Attach applica6le specificafions
A. Numberofantennas : � iVumberof ties
8. Anteitna tyge, manufacturer & mod� no. �G�'�
C. Transrt�issioo Gne o cabte manuEecturer Xe mode!
B, S'�ze ofca6les ,S ft," \Umtiecofcables_�
E Antenna loeation on fhe tower. 3c
7t F !�
Antenna dimensions 1 {'� '.� J S x 3
Gr�:aJ &40— Joo��F.
(,V S, E, W, � e�e. or specify che e.�:act antenna sz�cnuthsj
F_ GPS Antenna2 � (YfiV} / 1 .
Ifyes, Pi'avide Sfte. Dimensions aad �1'ei�ht: t�t�S a'ltx.c� �,row•S ej��;p�"� 1
Fnitial here to i�dicate speei&caiions are auached.
I 1, Dish equiprnent = Attaeh app&cable speci&cafions
A Nun�ber o€;�ishes 3 Dis$ dimensians �?6" i4ficroxave? �(YlN) Saietlite?" � (Y!�)
B. Bish ty{�e, manuficturer& moded no. S�. i_�� ,����w � L.i'2
C TrartsrF�ission Jine or caMe mar�uEachurr c� mprJe] na. Corc+c
D. Sizeofcabtes �t 2�" Nusnberofcabtes �
E. t�isk locatian an the torver 3d, r StJ
. . (i1.S,l,`�/.��.r[�'_,etc.r��c�i£gthr,cxsc;tarFt�nsa�imiufs)
Ynitiat here t4 Sndicate speci&eatiflns are attached
t 2. Ground equipcnent — Aftach applicabfe spedfications
A. ' Squere feet required lo`x7 '= 7d��'
$. In�de totver? iV (1'(�'i ) Inside Lessee huilding? @� (Yli�F�} Qutside? �(Y{\j)
S. �Iumber o€cabineu _(_ Cabinet diineccsiosvc �'k � 3 x!�'Iz`
C.. Numberofairccinditioners - Aircoaditionerdesc�iption i+�?=r'��
D. 8�rse Station manutacturer & modd no: — YS?"�
PoHert7u#put�. �GY7 Antennacype
E. Tsolator mazuif'actvrer & made� tm. "
F. Duplexer maerufadurer R: modet rto. —. °
G. F'�Fters niaFtuPaciurer � enodel na —
H, Controls used in addition to the transmeti�dreeeiver cabinets{s}'? _(YI:�I)
If yes imw rrany? rr�aFrufacturer & modeE no. "
Initial here to indicate �eci&cations are artached.
ES_ Desired dateofoperation'
10-192
Staff Reoort
Febmary 10, 2010
Highwood Water Tower site
Lease Agreement between
Board of Water Commissioners and
Clear Wireless, LLC
Clear Wireless, LLC desires to install and operate a Wi-Max communication system at the Board
of Water Commissioners Highwood Water Tower site located at 670 McKnight Rd in
Maplewood. The properry is in the name of the City for benefit of the Board.
The installation includes three 4-foot antennas and up to three 2-foot dishes on top, and cabinets
within a 7'x10' space on the ground.
Following negotiations, staff prepared the attached 5-year lease that automatically renews for
three additional 5-year terms and has a starting annual rent of $20,000 with a 5% annual
escalator.
The Board of Water Commissioners approved the lease at its February 9, 2010 meeting and
requested the City likewise approve the lease.
See attached Location Map.
10-192
ACKNOWLEDGEMENTS
BOARD OF WATER COMNIISSIONERS OF THE CZTY OF SAINT PAUL
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2010, befo;e me, Notazy Publiq
personally appeazed Patrick Hazris, President, Boazd of Water Coaunissioners of the City of Saint Paul, a Minnesota municipal coiporation,
on behalf of the corporation. _
Witness my hand and official seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On , 2010, before me, Notary Public,
personalty appeared Mollie Gagnelius, Secretary, Boazd of Water Commissioners of the Ciry of Saint Paul, a Minnesota municipal
corporation, on behalf of the corporation.
Wihiess my hand and official seal.
Notary Public
Lessor:
Approved:
By
Stephen P: Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
Assistant City Attorney
a
Lessee:
Approved:
10-192
BOARD OF WATER COMNIISSIONERS
OF T'HE CITY OF SAINT PAUL
FIN # 41-6005521 _ �
By
Patrick Harris, President
By
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor
By
City Clerk
By
Directar, Office of Financial Service
CLEAR WII2ELESS, LLC, a Nevada
limited liability corporation
By
Its Legal Counsel Jason Caliento, Regional Director
10-192
CLEAR WII2ELESS, LLC, a Nevada limited liability corporafion
STATE OF
) ss.
COLINTY OF )
I certify that I lmow or have satisfactory evidence that is the person who appeazed before
me, and said person acknowledged that he signed this inshument, on oath stated that he was authorized to�execute The instrument and
aclrnowledged it as the of Cleaz Wireless, LLC, a Nevada limited IiabiliTy corporafion, to be the free
and volantary act of such pazTy for the uses and puiposes mentioned in the instrument.
Dated:
Witness my hand and official seal.
Notary Public ,
10-192
CITY OF SA.INT PAIIL
STATE OF MIN�NESOTA
COUN"i'Y OF RAMSEY
J
)ss.
)
On , 2010, before me, , Notary Public,
personally appeared Ann Mulholland, Chief of Staf� on behalf af the Mayor of the City of Saint Paul, a Miunesota munioipal corporntion, on
� � behalf of the corporalion. - � _ ' � � � , . . � . �
Witness my hand and o,fficial seal.
Notary Public
STATE OF MIDINESQTA
COIJNTI' OF RAMSEY
)
)ss.
)
pn 2010, before me, � Notary Public,
personally appeazed Shari Moore, City Clerk, City of Saint Paul, a Minnesota. municipal coiporntion, on behalf of the corporation.
Wilaess my hand and official seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2010, before me, Notazy Public,
personally appeared Mazgazet Kelly, Director, 6ffice of Financial Services of the City of Saint Paul, a Minnesota municipal coiporation, on
behalfofthecorporation. _ � �
Witness my hand and official seal.
Notazy Public