10-327Council File #� -�
Green Sheet # 3101856
RESOLUTION
CITY OF SAJNT PAUL. MINNESOTA
Presented by
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WHEREAS, the City of Saint Paul does possess fee simple ritle to the water tower site
commonly known as the St. Anthony Water Tower site, located at 1515 North
Cleveland Avenue, Saint Paul, Minnesota (the "Property"), such possession of title
being for benefit of the Board of Water Commissioners; and
WHEREAS, Cleaz Wireless, LLC desires to lease space at the Property from the Board
to install and operate a wireless communication system; and
WHEREAS, the Board did adopt Board Resolution No. 7068 which approved a Lease
Agreement with Clear Wireless, LLC allowing such an installation, and which did also
request that the Honarable 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 St. Anthony Water Tower
site, located at 1515 North Cleveland Avenue, Saint Paul, Minnesota is hereby
approved, and that the proper officers are hereby authorized and directed to execute
said Lease Agreement on behalf of the City of Saint Paul.
Yeas Nays Absent
Bosuom �
Carter `/
Hams „--�
Helgen �/
Lantry �/
Stark y
Thune y"
Requested by Department oE
Saint Paul Regional Water Services
By: _� - �,
Approved b €F anc'al S ces
By. �
Approved City Attome
By: �1i c7?. ��'�.���
Adopted by Council: Date '�jGi�j��`j�J Appro d y � fot to Council
Adoprion Certifie �by Counc�l Secretary gy: ��`_.
BY� .�/ /f� ddJ
Approve y r. Date [ l� �7 I �
B Y' ���s��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
)epartmeM/OfficelCouncil: � Date initiated: � ` D ' 3 a�
WA_WaterUtility I tOMAR2010 � Green Sheet NO: 3101856
i CoMact Person & Phone:
i Bill Tschida
i 66265
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Number
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Routing ! 4
Order 5
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j Must Be on Couneil Agenda by (Date):
I 24MAR-10
Uoc. Type: OTHER (DOESNT FIT ANY
CATEGORY)
E-DOCUment Required: N
DocumentContad:
ConWct Phone:
ToWI # of Signatur Pa ge s _( Clip All � for Si gnatu re)
Action Requested:
Adop[ Council Resolution approving and authorizing execution of a lease agreement beriveen the BWC and Clear Wireless, LLC,
allowing the installation of a Wi-Ma�c wireless system at the Boazd's St. Anthony Water Tower site at 1515 N. Cleveland Avenue in
St. Paul.
Attachments: 1) StaffReport, 2) Proposed Council Resolution, 3) Lease A�'eement, 4) Board Resolution No. 7068
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has fhis person/firm ever worked under a contract for this department?
Yes No
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):
Cleaz Wireless, LLC desires to lease space on the Boazd's St. Anthony Water Tower site at 1515 N. Cleveland Avenue to install and
operate a Wi-Max wireless system. The property is in the name of the City for benefit of the Boazd.
AdvanWges If Approved:
Board of Water Commissioners will receive additional revenue.
����1VE�
Disadvantages If Approved:
None.
DisadvanWges If NotApproved:
Revenue potential will not be realized.
Total Amount of
Transaction:
FUnding Source:
Financial Information:
(Explain)
MAR i � �01�
CosURevenue Budgeted:
Activity Number:
Y 1 �
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ST. ANTHONY WATER TOWER
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LOCATION MAP
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10-327
Staff Renort
March 10, 2010
St. Anthony Water Tower site Lease Agreement between
Board of Water Commissioners and
Clear Wireless, LLC
Cleaz Wireless, LLC desires to install and operate a Wi-Max communication system at the Board
of Water Commissioners St. Anthony Water Tower site at 1515 N. Cleveland Avenue. The
property 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 space inside the tower's dry fluted column.
Following negotiations, staff prepazed the attached 5-year lease that automatically renews for
tlu-ee additionaJ 5-year terms and has a starting annual rent of $20,000 with a 5% annual
escalator.
District Council No. 12 unanimously supported the installation at its February 11, 2010 meeting.
The Board of Water Commissioners approved the lease at its March 9, 2010 meeting and
requested the City likewise approve the lease.
See attached Location Map.
BOARD OF WATER COMMISSIONERS
RESOLUT{ON—GENERAL FORM
PRESENTED BY ZgIIIIJ_I.IET
COMMISSIONER
10-327
N 7068
oar— March 9, 2010
WHEREAB, Clear Wireless, LLC desires to iease space from the Board of Water Commissioners on
its St. Anthony Water Tower located at 1515 North Cleveland Avenue in the city of Saint Paul to
install and operate a Wi-Max communication system; and
WHEREAS, staff has prepazed a Lease Agreement which provides for a 5-year 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
WHEREAS, staff has recommended approval of said I,ease Agreement; now, therefore, be it
RESOLVED, that'fhe Lease Agreement between the Boazd of Water Commissioners and Clear
Wireless, LLC allowing for the installation of Wi-Maac equipment at the Boazd's St. Anthony Water
Tower 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 the Honorable Council ofthe City of Saint Paul is hereby requested
to approve said L,ease 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 Connmissioners
Yeas
Anfang Nays
Bykowski
Helgen
Kleindl
Vice president Zanmiller
President Harris
Adopted by the Board of Water Commissioners
March
Zp 10
In favor 6 Oppose� � 'm � 4'��
s��FCV —
10-327
SITE LEASE AGREEMENT
Between Board of Water Commissioners of the City of Saint Paul and
Clear Wireless, LLC
This Lease Agreement ("Lease") is entered into this day of , 2010,
between the BOARD OF WATER CONIlYIISSIONERS OF THE CITY OF SAINT PAUL, a
Minnesota municipal corporarion ("Lessor"), and CLEAlt WIF2ELESS, LLC, a Nevada
limited liability corporafion ("Lessee").
In consideration of the terms and conditions of this Lease, the parties ab ee as follows:
1. Leased Premises.
Lessor hereby leases to Lessee certain space at Lessor's St. Anthony Water Tower, located at
1515 North Cleveland Avenue, Saint Paul, Nlinnesota 55108. The water storage facility and
its appurtenances ("Structure"), and the Lessor's land upon which the Structure is situated are
collectively called the "Property". The properly interest leased and granted by the Lessor to
Lessee (collectively, the "Leased Premises") consists of the foliowing:
• space inside tha pedestal comprised of approximately _' x_', usable
square feef; �
• structure exterior space for attachment of antennas at alpha, beta & ganuna sectars at
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 Properiy for access.
No other space or properiy interests are being leased to Lessee except as described above
and as described on E�ibit "A," Legal Description and Site Plan.
2. Terms/Renewals.
(a) The initial term of this 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
confirming the Commencement Date, as contained in E�ibit "E," Memorandum of
Lease Recording, attached hereto and incorporated herein.
(b) Lessee shall have the right to extend this Lease for three (3) additional five (5) yeaz terms
(each a"Renewal Term") subject to (c) below.
(c) This Lease shali automatically be renewed for each successive Renewal Term unless
Lessee is in default beyond applicable notice and cure periods of any of the terms or
conditions of this Lease, ar unless L,essee notifies Lessor of its intention 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 Additional Rent to Lessor at the following address:
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Board of Water Commissioners
Attn: Accounting
1900 Rice Street, Office Building
Saint Paul, Minnesota 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 sum of Twenty Thousand Dollazs ($20,000)
("Annua.l Rent"), per year based upon Lessee's installation and opexation of the antenna
facilities and frequencies identified in E�ibit "B," Antenna Facilities and Frequencies,
("Antenna Facilities"), attached hereto and incorporated hexein.
The first year's Annual Rent shall be pro-rated to the end of 2010, and shall be paid
within sixty (60) days after the Commencement Date. Thereafter, the Annual Rent due
hereunder shall be paid priar to January first of each succeeding year.
Lessee may not install and/or operate any additional antennas or related equipment
beyond those Antenna Facilities and frequencies identified in E�ibit "B," Antenna
Facilities and Frequencies without the prior written consent of Lessor, such consent not
to be withheld, condifioned 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 paragraph 3(a)
above, that Lessee shall be obligated to pay under this paragraph or any other paragraph
of this Lease. Addifional Rent shall include the following fees, costs and expenses:
(1) costs for the repairs, improvements, ar alterations required to be made by Lessee
in Section 6. Maintenance and Repairs;
(2) all general, or special taxes on Lessee's personal property. As a condirion of
Lessee's obligation to pay any tax, Lessor sha11 provide Lessee documentation
from the taxing authority indicating with reasonable certainty that the tax was
directly attributable to Lessee's tenancy. Lessee shall have the right to file an
assessment appeal, and Lessor shall eooperate in any such appeal as reasonably
requested by Lessee, all at Lessee's sole cost and expense;
(3) all public utility rates, dues, and charges of any kind for utilities used by Lessee at
the Leased Premises; and
(4) fees, costs, and expenses for property insurance and/or uninsured losses as set
forth in Section 13. Insurance.
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In the event that L�ssee does not pay the required Additional Rent to the appropriate
party, Lessor may, at its option, and after tYtirty (30) days prior written notice to Lessee,
make such payments. Upon Lessor's notice to Lessee that it nas made these payments,
those amounts become due and payable by Lessee witbin thirty (30) days. .
4. UseofLeasedPre»u,res.
(a) Primarv Use of Properiy
The primary use and purpose of the Property, including the Leased Premises, is for a
water storage shucture 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 Operations") take priority over Lessee's operations.
(b) Jeopardv of Primarv Use
(1) In the event that the Lessor's Prunary Use of the Structure is put at risk because of
Lessee's operations ("3eopardy"), 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 Jeopazdy within thiriy
(30) days of receipt of written notice of event. If Lessee does not cure the Jeopardy
within thirty (30) days of receipt of written notice of event, said occurrence of
Jeopardy shall constitute an event of default by Lessee, as otherwise defined in
Section 12. Termination. If circumstances beyond the control of Lessee prohi6it the
Jeopardy from reasonably being cured within trurty (30) days, Lessee sha11 notify
Lessox of such circumstances and commence 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 pursue the cure to completion
within a reasonable tune thereafter.
(2) In the event of Jeopardy that poses an immediate threat of substanfial harm or damage
to the water supply, to persons, and/or property on the Leased Premises, as solely
determined by Lessor ("Severe Jeopardy"), Lessor may enter the Leased Premises
and take actions it determines are required to protect the water, individuals or
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, 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 icnmediately 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 faciliry ("Approved Use").
(2) In accordance with this Approved Use, the Lessee has the ri�t 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 E�iibit "B", Antenna Facilities and Frequencies
and attached E�ibit "A", Legal Description and Site Plan.
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(d) Laws Governine Use
Lessee shall use the Leased Premises only in accordance with good engineering pracrices
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 a11 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 permits, licenses or approvals. Lessor agrees to
cooperate with Lessee in Lessee's pursuit of all such necessary permits, licenses or
approvals, and Lessee shall reimburse Lessor its reasonable costs to provide such
cooperation.
S. Installation of Equipment and Leasehold Improvements.
(a) Construction Plans
For the initial installation of all Antenna Facilities and for any and all subsequent
revisions andlor modifications thereof, or additions thereto, Lessee shall provide Lessor
and. Lessor's Water Tower Construction Engineer. ("Constntction Engineer") each with
two (2) sets of construction plans ("Constructiou P1ans") consisting of the follQwing:
1) line or CAD drawings showing location of all planned installations plus materials
and construction methods;
2) specifications for all planned installations;
3) diagrams of proposed Antenna Facilities;
4) a complete and detailed inventory of all equipment and personal properiy of
Lessee.
Construction 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 thiriy (30) business days to review the Construction Plans. If
Lessor fails to either approve the Construction Plans or provide written request for
changes of said Construction Plans to Lessee within the thiriy (30) day period, the
Construcrion Plans will be deemed approved.
Lessee shall be solely responsible for all costs associated with said review and approval
of Construction P1ans by Construction Engineer.
(b) Construction Schedulin�
At least three (3) days prior to Lessee's construction mobilization, Lessee shall conduct a
pre-conshuction meeting on the Property. Said meering shall be attended by the
Construction Engineer, Lessee's repxesentative and all parties involved in the instaliation.
(c) Construction Ins ep cfion•
All construction activity shall be subject to inspection and approval by the Construction
Engineer. If deemed necessary by the Construction Engineer, construction wark
performed without direct inspecrion and approval of the Construcrion Engineer will not
be accepted and shall be removed or uninstalled at Lessee's sole expense. Lessee shall be
solely responsible for all costs associated with said inspection and approval of
construction work by Construction Engineer.
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(d) Exposed Antenna Faciliries
All Antenna Facilities affixed to the Structure which have exterior exposure shall be as
close to the color of the Structure as is commercially available to the Lessee. For exposed
co�ial cables, Lessor reserves the right to require Lessee to provide cables in
manufachued colors in lieu of painting.
(e) Dama�e 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 reasonable 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 improve the Properiy in connection with Lessor's
Operations.
(bj Structure Reconditionine and Re airs
1. From time to time, Lessor paints, reconditions, or otherwise improves 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
minimizes interference with Lessee's Approved Use.
2. Prior to commencing Reconditioning Wark, Lessor shall provide Lessee with not less
than sixty (60) days prior written norice 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 limited to paint and debris fallout. Lessor reserves the
right to require Lessee to remove all Antenna Facilities from the Structure and Leased
Premises during Reconditioning work.
3. During Lessor's Reconditioning Work, Lessee may maintain a mobile site on the
Property or, after approval by Lessor, on any land owned or controlled by Lessar 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 Lessor agrees to the modification, Lessee shall be responsible for a11
incremental cost related to the modification.
5. For minor repairs or maintenance, Lessor agrees Yo 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 minimizes interference with Lessee's Approved
Use.
(c) Leased Premises
Lessee shall, at ifs 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. ProneKV Aeeess.
Access to the Property, including tke Leased Premises, by outside persons, including
Lessee's emplopees, agents and assigns, shall at a11 times be governed by Lessor's Security
Plan, attached hereto and incorporated herein as E�ibit "C", Securzty Plan. Lessee ab ees it
shall conduct its operations on the Property 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 Lessar 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 other use of Lessee, which studies may include surveys,
radio wave propagation measurements, or field strength tests.
(c) Lessor retains the right to examine and inspect the Leased Premises for safety reasons and
to ensure that Lessor's covenants aze being met. Lessor shall be liable for, and hold
harmless Lessee from, any damage to the Leased Premises ar 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 shall be responsible for the cost of all urilities installed and
used by it at the Leased Premises. Lessor will cooperate with Lessee in Lessee's efforts to
obtain utilifies from any location provided by zhe 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 taxed for real estate gurposes, it shall be the liability of
Lessee to pay that portion of such property taYes directly attributable to Lessee's equipment,
provided Lessor shall give Lessee prior written notification of such taYes so that Lessee will
have the opportunity to appear before the taxing authority to contest such taxes.
Notwithstanding Lessee's right to contest such taxes, Lessee shall pay its share of such taxes
within ninety (90) days of receiving notice of the same.
10. Compliance and Statutes. Regulations, and Approvals.
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, inclnding but not limited to an engineering study and a radio frequency
interference study. Lessee's Antenna Facilities and any othex facilities shall be installed,
maintained, and operated in accordance with all state or federal or local or municipal statutes,
ordinances, rules, or regula6ons now in effec#, or that hereafter may be issued by the FCC or
any other governina bodies, and in accordance with Lessor's technical minimum site
standards, attached hereto and incorporated herein as E�ibit "D," Technical Minimum Site
Standards.
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II. 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 shall 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 Properry untiT such
evaluation has been satisfactorily completed.
(b) Lessee shall provide at least thirty (30) days written notice to Lessor before modifying or
placing additional transmitter or receiver frequencies on the Leased Premises. Said notice
shall describe all equipment and frequencies proposed to be added 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 consast of necessary interference
studies to ensure that the modified or additional frequencies will not cause hannful radio
interference to Lessor's Operations or the operations of Lessor's existing tenants. Lessee
shall pay all costs for any such interference studies. In the altemative, Lessee may
perform the interference studies and submit the results to the Lessor for review 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.
(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 parties that were tenants on the Properiy prior to the Commencement Date of this
Lease, provided that the equipment used by Lessor or other tenants is operating within
the technical peruneters specified by its manu€acturer and/or as defined by the FCC. In
the event of any such interference, Lessee sha11 take all actions necessary to immediately
eliminate such interference in accordance with reasonable technical standards. In the
event Lessee cannot conect the interference, Lessee shall have the option to ternunate
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 ather 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 pernuts the installation of communications equipment
shall be conditioned upon not interfering with Lessee's Approved Use. Notwithstanding
the foregoing, Lessee aclrnowledges that Lessor may lease the Property, or any part of it,
to other parties in close proximity to the Leased Premises, and Lessee agrees to work
cooperatively with any such other partie's, using accepted technical standards in
accordance with FGC standards, to ensure that such other parties' use and Lessee's use
will be compatible and will not cause interferenca with each other. Lessor agrees that it
will require the same obligarion of all such future parties in any lease or agreement with
such future parties. Further, Lessee agrees to meet the conditions set forttl in E�ibit
"D," Technical Minimum Sit� S2andaYds.
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(e) Lessar in no way guarantees to Lessee noninterference with Lessee's transmission
operations, provided, however, that in the event that any other parry-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 pariy seeking to lease
space on the Property, Lessor sha11 submit the proposal, complete with a11 technical
specifications reasonably requested by Lessee,to Lessee for retiiew for noninterference.
Lessee shall have thirry (30) days following receipt of said proposal to make any
objections thereto, and failure to make any objection within said thirty (30) day period
shall be deemed consent by Lessee, subject to interference provisions of pazab aph 11(c)
of thzs Lease, to the installation of antennas or transmission facilities pursuant to said
proposal. Lessee shall not be responsible for the expenses incurred in any independent
validation of such interference objections.
(fl In the event that Lessee or other tenants on the Property experience interference of their
approved frequencies and they cannot reach agreement as to the cause and remedy of
such interference, the I2F Engineer shall determine such cause and remedy and Lessee
shall abide by the RF Engineer's determination. Lessor agrees that it will require the
same obligation of all such future parties in any lease or agreement with such other
parties.
l2. Termination.
Except as otherwise provided herein, this Lease may be terminated by either party upon sixty
(60) days written notice [except under 12.(c}(2)] to the othzr party for the following reasons:
(a) By either party, upon a material default of any other covenant or term hereof by the other
pariy; which default is not cured within sixty (60) days of receipt of written norice of
default to the other pariy (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
cornpleted within sixty (60) days, within such reasonable time as may be required,
provided the defaulting party commences the cure within ten (10) days of rece9pt 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 governmental
approval necessary for the construction and/or operafion of the 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 Antenna Facilities 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 within
thirty (30) days of receipt of written nofice.
(c) By Lessor, in the event that:
(1) Lessor determines, after review by an independent structural engineer, that the
Properiy,is structurally unsound, including but not limited to consideration of age
0
f [Iac3ral/
of the Structure, damage or destruction of a11 or part of the Properiy from any
source, or factors relating to condition of the Properiy;
(2) Lessee fails to pay rent provided for in Section 3. Rent within thirty (30) days of
receipt of written notice from Lessor of a rent or other payznent being overdue; or
(3) Lessee does not complete installation of its Antenna Facilities as shown on
E�ibit `B", Antenna Facilities and Freguencies within one (1) year of the
Commencement Date of this Lease.
If this Lease is ternunated, pursuant to the terms and conditions 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 Premises, whichever is later [in the event of Termination under Sections
12.(a) by Lessee, 12.(c)(2), or 12.(c)(3}], or whichever is earlier (in the event of Termination
under any other Section). Within tliirty (30) days after the date of the termination, Lessor
sha11, if applicable, retiun to Lessee any amounts that Lessee has prepaid to Lessor.
13. Insurance.
(a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and
all claims, demands, actions, judgments, expenses, and liabilities that may arise out of or
result from Lessee's use of the Leased Premises. Any applicable liability policy shall list
the Lessar and the City of Saint Paul as additional insured, and shall provide that it will
be the primary coverage. The insurance coverage must include, at a minimum,
Comprehensive General Liability Insurance Coverage, including premises/operation
coverage, bodily injury, properiy damage, independent contractors liability, completed
operafions coverage, and contractual liability coverage, in a combined single limit of not
less than One Million Five Hundred Thousand Dollars ($1,500,000) per occurrence,
subject to Three Million Dollars ($3,000,000) aggregate. Lessee may satisfy this
requirement with underlying insurance andlor 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 covexage required in paragraph 13(a) above. Said
certificate sha�l also provide that the coverage may not be canceled, or non-renewed, or
materially changed without thirty (30) days written notice to Lessor.
l9. Indemnitv.
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 chazacter, arising out of, or by reason of, the
leasing of the Leased Premises by the Lessor to Lessee, or arising out of, or by reason of,
the use or condition of the Leased Premises, or as a result of Lessee's operations or business
acfivities taking place on the Leased Premises, provided the same is not due to the
contributory negligence or willful misconduct of the Lessor, the City of Saint Paul and/or
any agents, contractors, officers, or employees thereof. It is fully understoad and agreed that
Lessee is awaze of the conditions of the Leased Premises and leases the same "as is."
E
10-327
I5. Dam¢Qe or Destruction.
If the Properiy or any portion thereof is destroyed or dacriaged so as to hinder its effective
use, Lessee may elect to ternunate this Lease upon thirty (30) days written notice to Lessor.
In such event, all rights and obligations of the parties shall cease as of the date of the damage
or destruction and Lessee shall be entitled to the reunbursement of any rent prepaid by
Lessee, prorated to the date of the event.
l6. Notices.
All notices, requests, demands, and other communications hereunder shall be in writing and
shall be deemed given when personally delivered or mailed, certified mail, return receipt
requested, to the following addresses:
If to Lessor: Board of Water Commissioners
Attn: General Manager
1900 Rice Street, Office Building.
Saint Paul, Minnesota 55113
If to Lessee, to: Cleaz Wireless, LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Fax: 425-216-7900
Email: Siteleasing@clearwire.com
With a copy to: Clear Wireless, LLC
Attention: Legal Department
44�6 �asIllon goint -
—
Kirkland, WA 98633
Telephone: 425-216-7600
Fax: 425-216-7900
I7. Representations and W¢rranties.
(a) Lessor represents that (i) it has fu11 right, power, and authority to execute this Lease; (ii)
it has good and unencumbered 6tle 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 during the term of this Lease in accordance with its terxns.
(b) Lessee warrants that the individuals signing and executing 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) Lessor represents that it has no knowledge of any substance, chemical or waste on the
Property that is identified as hazardous, toxic or dangerous in any applicable federal, state
ar local law or regulation as defined in paragraph 17 (c) of this Lease. Lessor will be
solely liable for and will defend, indemnify and hold Lessee, its agents and employees
hatmless from and against any and all direct claims, costs and liabilities, including
reasonable attorneys' fees and costs, arising out of or in connecfion with the removai,
cleanup or restoration of the Property with respect to hazazdous, toxic or dangerous
10
10-327
materials from any and all sources other than those hazardous, toxic or dangerous
materials introduced to the Property by Lessee. Lessee represents and warrants that its
use of the Leased Premises herein will not generate and it will not store or disgose on the
Properry nor transport to or over the Properiy any hazardous substance, chemical or waste
contrary to any law or regulation. Lessee further agrees to hold Lessor hannless from
and indemnify Lessor a�ainst 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 ar federal law by such release associated with Lessee's use of
hazardous substances, including payment of all reasonable attomeys' fees, costs, and
penalfies incurred as a resuit thereof, except far any release caused by the negligence ar
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 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 ar rule presently in effect or promulgated in the future, as
such laws, regulations, or rules may be amended from time to time. Lessor
aclaiowledges 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 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 imkuown, to Lessee's
equipment or facilities, nor shall Lessor be liable for any lost revenue, business ar profits of
Lessee.
l9. Assipnment
(a) Lessee may not assign or sublet this Lease without the prior written consent of Lessor,
which consent shall not be withheld or delayed without reasonable cause.
Notwithstanding the provisions o£ this pazagraph, as long as assignee assumes the
obligations of this Lease, Lessee's interest under this Lease may be sold, assigned or
transferred 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
telecommunicarions 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
corporation ("Contract Affiliate"); or (d) any successor entity in a merger or
consolidarion involving Lessee. Lessee shall provide Lessor written notice of such
assignments within thirry (30) days of execufion. 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 rights under Yhis
Lease shall serve to constihxte 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
all of the provisions of this Lease.
11
10-327
(b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall
preclude Lessor from leasing other sgace on the Properry to any other person or entity
which may be in competition with Lessee, or any other party, subject to the conditions set
forth in Section 11. Interference.
20. Successors andAssi�ns.
This Lease shall run with the Property. This Lease shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assia s.
2l. Surrender ofPremises.
At the expiration of the initial term of this Lease, or any Renewal Term, or any earlier
termination of this Lease, Lessee shall quit peacefully and surrender possession of the Leased
Premises in as good condition as when it was delivered to Lessee, reasonable wear and tear
and casualry loss excepted. Lessee shall remove its equipment, personal property, Antenna
Facilities, and leasehold improvements from the Properiy on or before date of expiration or
termination, and shall repair any damage to the Properiy caused by such equipment, a11 at
Lessee's own cost and expense.
22. Markinp and Li2htinp Requirements.
Lessor aclrnowledges that it shall be responsible, at its sole cost and expense, for compliance
with a11 building marking and lighting requirements that the Federal Aviation Administration
("FAA") may require with respect solely to the height of the Structure. The responsibility,
however, is expressly limited to the requirements that would be required of an elevated water
starage facility having no communications equipment installed on it, irrespective of Lessee's
Antennae Facilities. Lessor shall indemnify and hold hannless Lessee from any fines or other
liabilities 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 are
brought against Lessor because the Structure alone is not in compliance, as opposed to the
Structure with Antenna Facilities, then Lessor shall indemnify Lessee for full costs,
liabilities, damages and expenses, including reasonable attorney's fees. Further, if Lessor
does not cure the conditions of noncompliance on the Structure witivn the time frame
allowed by the citing agency, Lessee may terminate this Lease immediately without any
further liability hereunder upon written notice to Lessor.
Lessee acknowledges 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 Structure must be
additionally marked, lighted, or in any way modified, 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 thiriy (30)
days of receipt, and failure to make any objection within said thirty (30) day period shall be
deemed approval by Lessor.
23. RFRadiation Compliance.
(a) The RF Engineer will perform a radiation survey of the Property following Lessee's
initiai RF transmissions on the Leased Premises. Lessee shall be responsible for all costs
of such survey, at a cost not to exceed $1,000.
12
10-327
(b) Lessee shail implement all measures at the transmission site required by FCC regulations,
including but not lixnited to posting signs and mazkings. Lessor shall cooperate with and
pemut Lessee to implement all reasonable measures in order for Lessee to fulfill its
(c) Radio Frequency exposure obligations. Lessor agrees that in the event any future parry
causes the entire site to exceed FCC Radio Frequency radiation limits, as measured on
the Premises, Lessor shall hold such future pariy liable for all such later-arising non-
compliance.
24. Third Partv Approvals, Inspections and Evaluations.
The Lessee shall be responsible for all costs associated with obtaining required reviews,
— approvals, inspections, studies surveys or evaluations, whether required by this Lease or by
other governing authorities.
25. Noise Restrictions.
Noise from Lessee's equipment sha11 not exceed the level allowed by the city's Department
of Safety and Inspections (55 decibels at commencement of lease), as measured at any
location on neighboring property ("Allowable Noise Level"). Lessor will take noise level
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 and Lessee shall talze immediate 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, Termination.
26. 1V!'rscellan ea us.
(a) Each pari7 agrees to furnish to the other, within thirty (30) days after notice of receipt of
the request, suoh huthful estoppel information as the other party may reasonably request.
(b) This Lease consfitutes the entire agreement and understanding of the parties and
supersedes any and all offers, negotiations, or other agreements of any kind. There are no
representations ar understandings of any kind not set forth herein. Any modification af
or amendment to 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 shall be implied by delay or any other act or
omission of either party. No waiver by either parry 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 instnunent.
(c) This Lease shall be consirued in accordance with the laws of the State of Minnesota.
Any legal action may only be commenced and proceed in the relevant district court in
Ramsey County, Saint Pau1, Minnesota.
13
10-327
(d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the
remainii�g terms of this Lease, which shall continue in full force and effect.
(e) Upon request by Lessee, Lessor agrees to execute a recordable Memorandum of this
Lease.
( fl E�ibits "A" throngh "F" listed below are hereby incorporated into this Lease by
reference.
E�ibit "A" Legal Description and Site Plan
E�ibit "S" Antenna Facilities and Freguencies
E�ibit "C" Securiry Plan
Exhibit "D" Technical Minimum Site Standards
ExhibiT "E" Memorandum ofLease Recording
Bxhibit "F" Application Form
[Remainder of tlus page is left intentionally blank]
14
10-327
IN WIT`NESS WHEREOF, the parties hereto have executed this Lease, the day and yeaz
first above w
For Lessor:
Approved:
By
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
C
Assistant City Attorney
For Lessee:
Approved:
By
Its Legal Counsel
BOARD OF WA'I`ER COMIVIISSIONERS
OF 1`HE CITY OF SAINT PAiTL
FIN'� 41-6005521
By
Patrick Harris, President
By
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor
I:
City Clerk
By
Director, Office of Financial Service
CLEAR VVIRELESS, LLC, a Nevada
limited liability corporation
:
Jason Caliento, Regional Director
15
10-327
E�'FIIBIT �°A"
Legal Description and Site Plan
Lots one (1) and two (2) all in Block one (1) of St. Anthony Park North, according to the
record plat thereof on file and of record in the office of the Register of Deeds in and for
the County of Ramsey, State of Minnesota.
EXHIBIT "A"
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10-327
M�IU_II:3YIfSi:�
Clear Wireless, LLC
St. Anthony Water Tower
Antenna Facilities and Frequencies
LESSEE AN'I`ENNA FACILITIES AND FREQUENCIES
Base Station Cabinets: Motorola equipment cabinet
See attached specifications
Antennas:
Panel type. Masimum of 3 per site.
Microwave. 3 Dish per site
Frequencies - Band A
Receive Range: 2630.5-2693.5 MHz
Transmit Range: 2630.5-2693.5 MHz
Receive Transmit
Rg (MHz) Tx (MHz)
Chanuel 1 2,630.500 2,630.500
2 2,640.500 2,640.500
g 2,650.500 2,650.500
q 2,670.500 2,670.500
g 2,680.500 2,680.500
6 2,690.500 2,690.500
7
ANT Model ANT Size (FT) Freq (GHz)
E-Band 80 GHz 2' 2 80
Andrew VHLP2-23 2 23
Radiowaves HP3-18 3 18
EXHIBIT "6"
10-327
Modularion/Standard:
Ma�mum EIRP:
Channel Bandwidth:
Antenna Information:
QPSK/QA111/Wi�nc�
.i 7 dBm per camer per sector
10 MHz
Gain =173 dBi
Azimuth beam width = 65 Wei�t = 13kgs
Elevation beam width =7
Ara s LLPX310R Antenna Size: 1070X300X115mm
Gain =16dBi
Azimuth beam width = 65 Weight = 13kgs
Elevation beam width =7
Kathrein 840-10054 Antenna Size: 42"X13"X3"
Antenna Configuration: PANELS: 3 antennas per sectors
3 sector design
Center of sectors at 30, 150, 270 with TRUE NORTH
Horizontal Spacing: 4'
Governing FCC Rules:
Intermodulation Levels:
Amplifiers:
Cables:
Code of Federal Regulations
Tide 47 (Telecommunications)
Part 24 (subpart E)
Compliant per EN 300 386-2 and 47 CFR Ch 1, Part 15, Subpart B
DAPs: 6(2 per sector) Moto DAP (mounted behind panels)
ODUs: 3(1 per dish) DW ODU (mounted behind dishes)
6— 5/16" coax (2 per sector), 3—%z " coax (1 per dish)
GPS Antenna: Motorola timing2000 Antenna Size: 5"X4"
Gain = N/A
Azimuth beam width = N/a Weight = 11 oz
Elevation beam width =N/A
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10-327
SECURITY PLAN
Remote Facilities Access
Saint Panl Regional Water Services (SPRWS)
Standard Operating Procedure (SOP)
Effective Date: January l, 2004
IN1`�1V'I':
SPRWS is dedicated to providing its employees with the safest work envuonment possible and to taking
every reasonable precaurion 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
treatment facilities (Remote Facilities). It establishes procedures for access as well as the issuance and
display of proper identification by persons with unescorted access rights.
SECi7RITY OF FACILTTIES:
Persons with routine access to remote facilities include SPRWS stafF, agents of entities leasing space,
agents of vazious cities, and various law enforcement personnel. Other entities also have occasional
access needs under the superoision 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:
Plan is under construction.
- End -
EXHIBIT "C"
10-327
E�hibit "D"
Technical Minimum Site Standards
TECffivICAL MINIlV1UNi SIT'E STANDARDS
Saint Paul Regional Water Services Water Tower Antenna Site
l. A11 equipment must be housed in an RF tight, metal enclosure that provides at least 60 db
of attenuation to any intemal 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 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db
of isolation for 150 MHZ and 40 MHZ transmitters must be provided. A harmonic filter
must be provided on the transmitters between the antenna and any ferrite device used.
Additional filtering and isolation may be required and will be considered on a case-by-
case basis.
3. 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 Heliax cable shall be permitted for transmission lines at the site.
All on-site intercabling must use RG/9, RG/142, RG/214 or'/z inch Superflex. 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 existing receiver frequencies will not be permitted on the
site. A receiver with the same frequency as an existing second order, third order or fifth
order intermodulation product at the site will not be permitted on the site.
6. All transmitters shall be equipped with band-pass cavities that will provide at least
the following attenuation of side band noise, if needed:
40 MHZ band:
150 MHZ band:
450 MHZ band:
800/900 MHZ band:
Microwave:
50 db at 1 MH7
50 db at 1.5 MHZ
50 db at 2.5 MHZ
50 db at 10 MH�
50 db at 20 MHZ
EXH I B I T"D"
10-327
TECHPiICAL MINIMi11VI SITE STANDARDS - Continued
7. 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 prepazed by Lessor's communications engineer consisting of at
least the following items:
a. Intermodulation interference (IM) calculations of a11 transmitters and
receivers laiown to exist in the azea at time of application. (Study will
include 2nd, 3rd and Sth order IM terms, and A+ B- C, three-product
terms.)
b. Transmitter noise and receiver desensing calculations of a11 equipment at
the site.
c. Analysis of best equipment and antenna locations at the site.
d. Analysis of AC power requirements.
e. Report to prospective site user 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.
S��
10-327
Exhibit "E"
Memorandum of Lease Recording
Recording Requested by:
Cleaz Wueless, LLC
4400 Carillon Point
Kukland, WA 98033
YVhen Recorded Mai[ to:
Cleaz Wireless, LLC
4400 CarIllon Point
Kirkland, WA 98033
(space above this kne jor Recorder's use only)
MEMORANDUM QF LEASE
THIS MEN1oxnlvDUM oF LEASE is entered into as of this day of , 2010,
by and beriveen BOARD OF WATER COMNIISSIONERS OF T`H� CITY OF SAIN't' PAUL, a
municipal corporarion under the laws of the State of Minnesota ("Lessor"), and Clear Wireless, LLC, a
Nevada ]imited liability corporation ("Lessee").
1. LEaSE oF PREMISES. 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 1515 North Cieveland Avenue, City of Saint Paul, County of Ramsey, State of
Minnesota, and more particularly described in, and on the terms and conditions moxe particularly set forth
in, that certain Communication Facility Lease dated (the "Lease") by and between
Lessor and Lessee, which terms and conditions are 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 unrestricted rights of access and to electric and
telephone facilities.
4. The subject properry affected by the filing and recording of this Memorandum of Lease is described
below:
Lots one (1) and two (2) all in Block one (1) of St. Anthony Pazk North, according to the record plat
thereof on file and of recard in the office of the Register of Deeds in and for the County of Ramsey,
State of Minnesota.
(Signature and Acknowledgement Pages Follow)
EXHIBIT "E"
10-327
Lessor:
Approved:
:
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
C
A"ssistant City Attorney
Lessee:
Approved:
BOARD OF WATER COMl��SSIONERS
OF THE CITY OF SAINT PAUL
FIN # 41-6005521
By
Patrick Harris, President
C
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor
�
City Clerk
By
Director, Office of Financial Service
CLEAR WIRELESS, LLC, a Nevada
limited liability corporation
By By .
Its Legal Counsel Jason Caliento, Regional Director
10-327
ACKNOWLEDGEMENTS
BOARD OF VS�ATER COMD'IISSIONERS OF THE CITI' OF SAIlYT PAUZ
STATE OF MINNESOTa )
)ss.
COUNTYOFRAMSEY )
On 2010, before me, Notary Publiq
personally appeazed Patrick Hazris, President, Board of Water Commissioners of the City of Saint Paui, a Minnesota municipai coiporation,
on behaif of the corporation.
Witness my hand and official seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On , 2010, before me, Notary Public,
personally appeazed Mollie Gagnelius, Secretary, Boazd of Water Commissioners of the City of Saint Paul, a Minnesota municipal
corporarion, on behalf of the corporation.
Wimess my hand and official seal.
Notary Public
10-327
CTI'Y OF SAINT PAUL
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 201Q before me, Notary Public,
personally appeazed Ann Mulholland, Chief of Staff, on behalf of the Mayor of the Ciry of Saint Paul, a Minnesota municipal corporafion, on
behalf of the corporalion.
Witness my hand and official seal.
Notary Public
STATE OF MINIVESOTA )
)ss.
COUNTY OF RAnQSEY )
On 201Q before me, Notary Public,
personaLly appeazed Shari Moore, City Clerk, Ciry of Sai�t Paul, a Minnesota municipal corporation, on behalf of the corporation.
Witness my hand and official seal.
Notary Public
STATE OF MRVNESOTA )
)ss.
COLiNTY OF RAMSEY )
On 2010, before me, Notary Public,
personally appeazed Mazgaret Kelly, Director, Office of Financial Services of the Ciry of Saint Paul, a Minnesota municipal corporation, on
behalf of the corporarion.
Witness my hand and official seal.
Public
10-327
CLEAR WIRELESS, LLC, a i�Tevada limited liability corporaHon
STATE OF
COUNTY OF
) ss.
I certify that I know or have satisfactory evidence that , is the person who appeazed before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the of Cleu Wireless, LLC, a Nevada limited ]iability corporation, to be the free
and volu�tary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Wimess my hand and official seal.
Notary Public
10-327
ANTENNA SITE LEASE APPLICATION
Boad of �`Ja�er Commissioners of tne Lity oi Saint Paul
Saint Paul Regional Water Services
(Please print or type throu�hout)
- �.��
�: ^: _. _, � �.
Water Tower Site Name and Address: St. Anthonv Water Tower
1515 N. Cieueland Ave., St. Paul, MN �5108
Wireless Carrier: Clear WireIess LLC Clearwire
(Comglete corporate name of Lessee)
WireIess Carrier corporate designation: A Nevada Iimited liabilitv corooration
(Delawaze ]imited I'zability partneiship, Califomia corporarioq etc.)
Wireless Carrier corporate address: 4400 Caziilon Point, Kirkiand. WA 48Q33
Atin: Site Leas'xne
1. Name ofApplicant: _Clear Wireless. LLC ^
2. Address of Applicant: _7400 Metro Blvd.. Ste. 260. Edinz MN 55439
3. Contact person fur App&cant: Lawrence Coleman Direct Telephone:S651 24� 4-3866
Cell: (6511249-3866 e-mail: lcolemanna fmfiacom
4. Technical Advisor (if any): NA Direct Telephone:
Cell:
- ...
5. Proposed Radio Band: Wimax 2.6GHz
6. Proposed Radio Freqnency(s): 2630.5-2693.5
(Specify or attach a separate list)
7. Type of Service (SMR, ESMR, PCS, Cellutar, Two-Way Paging, Microwave, WiFi, WiMax, etc.)
Microwave and WiMas
8. UnLicensed spect�•una? N (Y/N)
If yes, identify in detaiI the portions of the pmjecf that will use an unlicensed spectrum. Designate this as an
Attachment.
Initial here to indicate that Attachment is attached.
If utilizing a Distributed Antenna System (DAS), provide Radio Frequency Coverage Maps prepared by the
FCC Licensee (s).
EXHIBIT "F":
Page I of4
10-327
9. WiII this site be interconnected via radio frequency transmissions to any other site or sites now consiructed,
proposed, or anucipafed? Y (Y�
Interconnecfion includes one or more radio frequency Iinks for the purpose to provide for "back-hauY' from this
site to a switching center or centratized node location.
If yes, what will the metl�od of interconnection be? Microwave
Ifyes, attached defails and specifications.
Initial here to indicate details ancl specificafions are attached.
10. Antenna equipment — Attach applicable speeifications
A. Niunber of antennas 3 Nwnber of zones Antenna dimensions 107�115mm
B. Antenna type, manufacturer & model no. Panel. ArQUS, LLPX310R
C: Transmission Iine or cable manizfacturer & model no.
D. Size of cables 5/16" Number of cables 6
E. Antenna locafion on the tower: 30,150,270
(N, S, E, W, NE, etc. or specify the exact antenna azixnuths)
F. GPS Antenna? Y (Y/N}
If yes, provide Siz�, Dimensions and
Initial here_ to indicate specifications aze attached.
I 1. Dish equipment — Attach applicable specifications
A. Nmnber of dishes _2_ Dish dimensions 1' and 2' Micmwave? �_ (Y/N} Satellite? _
��
B. Dish type, manufacturer & model no. tlndrew VHLPI-23 and VIIL,P2-23
C. Trausmission line or cable manufachuer & model no.
D. Size of cables 1/2" Number of cables 2
E. Dish location on the tower:
(N, S, E, W, NE, etc. or specify the esact antenna azimutks)
Initial here to indicate specificafions are attached.
12. Ground equipment — Attzch applicable specifications
A. Sqaare feet required 50_
B. Inside tower? Y (YJN} Inside I,essee building? _(Y/l� Outside? _(Y/I�
B. Nutnber of cabinets 1 Cabinet
C. Number of air conditioners Air conditioner description
D. Base Statian manufacturer & model no.
Power Output: Antenna type
E. Isolator manufaciurer & model no.
F. Duplexer manufacturer & model no. _
G. Filters manufacturer & modeT no.
Page 2 of 4
10-327
H. Controls used in addition to the transmitter/receiver cabinets(s)? J (I'/i�
If yes, how many? manufacturer & model no.
Inirial here to indicate specifications a�e atfached.
13. Desired date of operation:
Page 3 of 4
10-327
READ CAREF'GZLY BEFORE SIGNIl\G
The undersigned agrees that in addition to the non-refundable Antenna Site Application fee of $1 000 the
undersi�ed shall be responsible for actual casts associated wifh the followiug:
a) Plan and struchual review
b) Inspection
c} Intermodulation study
d) Radiation sEudy
Siguature of Wireless Carrier: - Bate: �
(Future Lessee, not 'cant)
Name and title af signer: Name 1 p� � t� c� �c� !, ) Title: r' �- lY�„ r'
�� �� �..
Ma1 completed Applieafion Form and required aftachments along with $1,000 check made payable to
Board of R'ater Commissioners to:
Sill Tschida
Saint Paut Reg[onal Water Services
1900 Rice S#, Offce Building
St. Faut, MN 55113
Questions: Bill Tschida 651-266-6265 bill.tschidala�ci.stnaul.mn.us
THIS APPLICATION WII,L BE REFEit�'NCED AS AN EXF3IBIT TO THE STTE LEASE AGREEN4sN'I'.
Page 4 of 4
�
BOARD OF WA7ER COMM155fONERS
RESOLUTION — 6ENERAL FORM
PRESENTED BY Zanmiller
COMMISSIONER
10-327
No 7068
oAr_ March 9, 2010
WFIEREAS, Clear Wireless, LLC desires to lease space from the Board of Water ComLnissioners on
its St. Anthony Water Tower located at 1515 North Cleveland Avenue in the city of Saint Paul to
install and operate a Wi-Max communication system; and
WHEREAS, staff has prepared a Lease Ageement which provides for a 5-year 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
WHEREAS, staff has recommended approval of said Lease Agreement; now, therefore, be it
RESOLVED, that the Lease Agreement between the Board of Water Commissioners and Clear
Wireless, LLC allowing for the installation of Wi-Mas equipment at the Board's St. Anthony Water
Tower site is hereby approved in substantially the form submitted, and that the proper officers aze
hereby authorized and directed to execute said Lease Agreement on behalf of the Board following
approval by the assistant city attomey; and, be it
FURTHER RESOLVED, that the 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
Yess
Anfang Nays
Bykowski
Helgen
Kleindl
Vice president Zanmiller
President Harris
In favor 6 OpposP�1 0
Adopted bp the Board of Water Commissioners
March 9, ?p 10
-(�1 s�1 e � � � � ---
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