10-330cauncsi Fs�e # /O' �3�
Green Sheet # 3101596
CITY
Presented by
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RESOLUTION
Q�I�VT �AUL, MINNESOTA �
WHEREAS, the City of Saint Paul does possess fee simple title to the water tower site
commonly known as the Highland Water Tower No. 3 site, located at 750 South
Snelling Avenue, Saint Pau1, Minnesota (the "Property"), such possession of title being
far benefit of 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
WHEREAS, the Board did adopt Board Resolution No. 7067 which approved a Lease
Agreement with Clear Wireless, LL,C 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, therefare, 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 Highland Water Tower
No. 3 site, located at 750 South Snelling 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.
Bostrom
Carter
Hazris
Staik
Thune
Requested by Department oL
� Saint Paul Re ional Water Services
,/ BY:
� Approved b e o m ial e ice �
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� Approved b}i Ciry A me /t
r G� l� By: J'r /�ScC, ;�, (/�
Adopted by Council: Date `���;Tf�lj/Q Appzove b��� y'�os�'ur bmis '� Council
Adoprion Certified by Councjl Secretary gy: `���!.t �iG•/ ���.,�
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BY� %/.+
Appro �ed M D,pte '� J°f 2p 1 J
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By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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cv .�rv
DepartrnenUOffice/Couneil: Dateinitiated: GTeell Sheet NO 3101596
Wa _ Water U61fij 09 MAR 2010
ContaM Person & Phone: Oeoarfinent Sent To Persoa Initial(Date
Bill Tschida o i ater Un'tiiv Steve Schue;aer SfF�
66265 1 'tv Attorne Lisa veiM �
��g^ 2 inancialServices Mar aretKell
Must Be on Council Agenda by (Date): Number 3 oCs Office Ma or Coleman
24MAR-}p for
Routing a ounc0 0
Doa Type; O7HER (DOESNT FIT ANY Order 5 itr Clerk Gl Clerk
CATEGORY)
E-DOCUment Required: N
Document Contact:
ConWct Phone:
ToWI # of Signature Pages _(Ctip All Loeations for Signfiture)
Action Requested:
Adopt Council Resolution approving and authorizing execution of a lease agreement between tLe BWC and Cleaz Wireless, LLC,
allowing the installation of a Wi-Max wireless system at the Board's Highland Water Tower No. 3 site at 750 South Snelling
Avenue in St. Paul.
Attachments: 1) StaffReport, 2) Proposed Council Resolution, 3) Lease Agreement, 4) Board Resolution No. 7067
Recommendations: Approve (A) or Reject (R): Personal Service Contracks Must Answer the Foliowing Questions:
Plannirtg Commission t. Nas this personlfirm ever worked under a contract for this department?
CIB Committee Yes No
Civif Service Gommission 2. Has this persoNfirm ever been a city empfoyee�
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separote sheet and attach to green sheet.
Initialing Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Cleaz Wireless, LLC desires to lease space on the Boazd's Highland Water Tower No. 3 site located at 750 South Snelling Avenue to
install and operate a Wi-Max wiieless system. The properry is in the name of the City for benefit of the Boazd.
Advantages If Approved:
Board of Water Commissioners will receive additional revenue.
���.'�;'�IUE�
DisadvanWgeslfApproved: �� � � ��yq�
None.
ue
�� �
Disadva�Wges if Nat Approved:
Revenue potential will not be realized.
Total Amount of
Transaction: Cost/Revenue Budgeted:
Funding Source: Activity Number;
Financiat Information:
(Explain)
March 9, 2010 11:46 AM Page 1
CAlVARY
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E�nvE PRESFRVF
10-330
Staff Renort
Mazch 10, 2010
Highland Water Tower No. 3 site Lease Agreement between
Board of Water Commissioners and
Clear Wireless, LLC
Cleaz Wireless, LLC desires to install and opecate a Wi-Mas communication system at the Board
of Water Commissioners Highland Water Tower No. 3 site located at 7�0 South Snelling Avenue
in St. Paul. 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 prepared the attaehed 5-year lease that automatically renews for
three additional5-year terms and has a starting annual rent of $20,000 with a 5% annual
escalatox.
District Council No. 12 unanimously supported the installation at its February I 1, 2010 meeting.
The Board of Water Commissioners approved the lease at its March 9, 2010 meeting and
requested the Citq likewise approve the lease.
See attached Locarion Map.
BOARD OF WATER COMMISSIONERS
10-33Q
RESOLUTfON — GENERAL FORM Na 706�
?RESENTED 8Y ZdIIII11�2Y �•2TC17 9 ZQl�
COMMISSIONER DA7'
WF�REAS, Clear Wireless, LLC desires to lease space from the Board of Water Commissioners on
its Highland Water Tower No. 3located at 750 South Snelling Avenue in the city of Saint Paul to
install and operate a Wi-MaY communication system; and
WF�I2EAS, staff has prepared a Lease Ag�eement 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 Boazd of Water Commissioners and Clear
Wireless, LLC allowing for the installarion of Wi-Max equipment at the Board's Highland Water
TowerNo. 3 site is hereby approved in substanfially the form submitted, and that the proper ofFcers
are hereby authorized and directed to execute said Lease Aa eement on behalf of the Board following
approval by the assistant city attomey; and, be it
P`LTRTHER 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
Yeas
Anfang Nays
Bykowski
Helgen
Rleindl
Vice President Zanmiller
President Harris
Adopted by the Board of Water Commissioners
March 9, 20 10
En favor 6 Opposed � '������.
SECY.
10-330
SITE LEASE AGREEMENT
Betcveen 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 CONIA�IISSIONERS OF TFIE CITY O� SA1N'T FAiTL, a
Minnesota municipal corporation ("Lessor '), and Clear Wixeless, LLC, a Nevada limited liability
corporation ("Lessee").
In consideration of the terms and conditions of this Lease, the parties agree as follows:
Z. Leased Premises.
Lessor hereby leases to Lessee certain space located at Lessor's Highland Water Tower No.
3, located at 750 Snelling Avenue South, St. Pau1, Minnesota 55116. The water storage
facility and its appurtenances ("Structure"), and the Lessor's land upon which the Structure is
situated are collectively called the `�roperty". The property interest leased and granted by
the Lessor to Lessee (collectively, the "Leased Premises") consists of the following:
• space inside the Structure comprised of approximately _' x _', usable
square feet;
• structure exterior space for attachment of antennas at alpha, beta & gamma sectors at
FACzL;
• space re,quired for cable runs to connect equipment and antennas,
• non-exclusive easements required to run utility lines and cables;
• a non-exclusive easement across the Property for access.
No other space ar property 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 tlus Lease shall commence on first day of the month following Saint
Paul City Council approval, (the "Commencement Date"), and shall expire on December
31, 2014. Lessee and Lessar agree to enter into an addendum to this Lease confirnung
the Commencement Date, as contained in E�ibit "E," Memoranclurn ofLease Recording,
attached hereto and incorporated herein.
(b) Lessee shall have the right to extend this Lease for two (2) additionai five (5) yeaz terms
(each a"Renewal Term") subject to (c} below.
(c) This L,ease shall automatically be renewed for each successive Renewal Term unless
Lessee is in default beyond applicable notice and cure periods of any of the terms or
conditions of this Lease, or unless Lessee 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:
10-330
Board of Water Commissioners
Attn: Accounting
1900 Rice Street, Office Build"ang
Saint Paul, Minnesota 55113
Lessor's FIN numbez 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 Twenry Thousand Dollazs ($20,000)
("Annual RenP'), per year based upon Lessee's installation and operation of the antenna
facilities and frequencies identified in E�ibit "B," Antenna Facidities and Frequencies,
("Antenna Facilities"), attached hereto and incorporated herein.
The first yeaz'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 sha11 be paid prior to January first of each succeeding year.
Lessee may not install andlor 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, conditioned or delayed without cause.
(b) Annual Increase
Commencing January 1, 2011, and on January l of each subsequent year, the Annual
Rent shall be increased annually by five percent (5%).
(c} Additional Rent
Additional Rent means all amounts, oiher than Base Rent provided for in paragraph 3(a)
above, that Lessee shall be obligated to pay under this pazagraph or any other paragraph
of this Lease. Additiona] Rent shall include the following fees, costs and expenses:
(1) costs for the repairs, improvements, or alterations required to be made by Lessee
in Section 6. Maintenance and Repairs;
(2) a11 general, ar special taxes on Lessee's personal prcperiy. As a condit�on of
Lessee's obligation to pay any tax, Lessor sha11 provide Lessee documentation
from the taxing authority indicating with reasonable certainty that the taY was
directly attributable to Lessee's tenancy. Lessee shall have the right to file an
assessment appeal, and Lessor shall cooperate in any such appeal as reasonably
requested by Lessee, all at Lessee's sole cost and expense;
(3) a11 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 properry insurance and/or uninsured losses as set
forth in Section 13. Insurance.
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10-330
In the event that Lessee does not pay the required Additional Rent to the appropriate
party, Lessor may, at its option, and after thirty (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. ZlseofLeasedPremises.
(a) Primarv Use of Property
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 Operations") take priority over Lessee's operations.
(b) Jeopardy of Primar�Use
(1) In the event that the Lessor's Primuy Use of the Structure is put at risk because of
Lessee's operations ("Jeopardy"), Lessor shall provide written notice of such event to
Lessee. Lessor and Lessee agree to work together to cure the occurrence that causes
the Jeopardy. Lessee sha11 make all good efforts to cure the Jeopardy within thiriy
(30) days of receipt of written notice of event. If Lessee does not cure the Jeopudy
within thirty (30) days of receipt of written notice of event, said occurrence of
Jeopardy shall consfitute an event of default by Lessee, as otherwise defined in
Section 12. Termination. If circumstances beyond the control of Lessee prohibit the
Jeopardy from reasonably being cured withirt thiriy (30) days, Lessee shall notify
Lessor of such circumstances and conunence actions required to cure the Jeopaz•dy
(e.g. assessing the problem, ordering necessary equipment) witrun seven (7) days of
Lessor's written notice of Jeopardy and sha11 diligently pursue the cure to complerion
witlun a reasonable tune thereafter.
(2) In the event of Jeopardy that poses an immediate threat of substantial hann or damage
to Yhe water supply, to persons, andlar property on the Leased Premises, as solely
determined by. Lessar ("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 tcuenty-four
(24) hours after such entry, Lessor gives written notice to Lessee of Lessor's
emergency entrance.
(3) If Lessor determir.es tkat the conditions of a Severe Jeopardy would be benefited by
cessarion of Lessee's operations, Lessee shall unmediately cease its operations on the
Premises upon notice from Lessor to do so.
(c) Lessee's Use of Leased Premises
(1) Lessee s�all have the non-exclusive right, at its sole cost and expense, to use the
Leased Premises as a w�ireless communications antenna facility ("Approved Use"j.
(2) In accordance with this Approved Use, the Lessee has the right to install, operate,
maintain, xepair, replace, store or remove its antennas, utility building, equipment;
personal property, leasehoid 'unprovements, and appurtenances (collectively,
"Antenna Facilities") as shown in E�ibit "B", Antenna Facilities and Fi-equencies
and attached B�ibit "A", Legal Description and Site Plan.
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10-330
(d). Laws C�overnin��Use
Lessee shall use the Leased Premises only in accordance with good engineering practices
and in compliance with all applicable Federal Communications Commission ("FCC")
federal, state, and local rules, laws and regulations. T1us Lease is contingent upon Lessee
receiving all permits, licenses or approvals from all local, state, or federal land use
jurisdictions or agencies for Lessee's Approved Use. Lessee shall, at its sole cost and
expense, obtain all such necessary permits, licenses or approvals. Lessar agrees to
cooperate with Lessee in Lessee's pursuit of all such necessary permits, licenses or
approvals, and Lessee shall reimburse Lessar its reasonable costs to provide such
cooperation.
5. Installation of Equipment and Leasehold Imnrovements.
(a) Construction Plans
For the initial installation of a11 Antenna Facilities and for any and all subsequent
revisions and/or modifications thereof, or additions thereto, Lessee shall provide Lessor
and Lessor's Water Tower Construction Engineer ("Construction Engineer") each with
tcvo (2) sets of constnzction plans ("Construction Plans") consisting of tha following:
1) line ar CAD drawings showing location of all planned installations plus materials
and construction methods;
2) specifications for all planned installations;
3) diagrams of proposed Antenna Facilities;
4) a complete and detailed inventory of a11 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 thirty (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 thirty (30) day period, the
Construction Plans �rill be deemed approved.
Lessee shall be solely responsible for all costs associated with said review and approval
of Construction Plans by Conshuction Engneer.
(b) Construction Schedul'm¢
At least three {3) days prior to Lessee's construction mobilizztion, Lessee shall conduct a
pre-construction meeting on the Property. Said meeting shall be attended by the
Construction Engineer, Lessee's representafive and all parties involved in the installation.
(c) Construction Tnspection.
All construction activily shall be subject to inspection and approval by the Constnzction
Engineer. If deemed necessary by the Construction Engineer, conshuction work
performed without direct inspection and approval of the Construction 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 Constructian Engineer.
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10-330
(d) Exposed Antenna Facilities
Ail Antenna Facilities �xed 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
coaxial cables, Lessor reserves the right to require Lessee to provide cables in
manufactured colors in lieu of painting.
(e) Dama�e bv Lessee
Any damage to the Properiy, Leased Premises, ar 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 Repairs.
(a) Pro e
Lessor reserves the right to take any action it deems necessary, in its sole and reasonabie
discretion, to repair, maintain, aiter, or improve the Properiy in connection with Lessor's
Operations.
(b) Structure Reconditionin� 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 inter£erence with Lessee's Approved Use.
2. Prior to commencing Reconditioning Vdork, Lessor shall provide Lessee with not less
than sixty (60) days prior written notice thereof. Upon receiving such notice, it shall
be the sole responsibility of Lessee to provide adequate measures to cover or
otherwise protect Lessee's Antenna Facilities from the consequences of such
activities, including but not limited to paint and debris fallout. Lessor reseroes the
right to require Lessee to remove all Antenna Facilities from the Stnxcture and Leased
Premises during Reconditioning 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 Lessor agrees to the modification, Lessee shall be responsible for all
incremental cost relaYed to Yhe modification.
5. For minor repairs ar 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 miniuiizes interference w�ith Lessee's Approved
Use.
(c) Leased Premises
Lessee 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. Propertv Access.
Access to the Property, including the Leased Premises, by outside persons, including
Lessee's employees, agents and assigns, sha11 at all times be govemed by Lessor's Security
Plan, attached hereto and incorporated herein as Exhibit "C", Securiry 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. Subject to said requirements and
conditions of said Security Plan, Lessee and Lessor agree to the following:
(a) Lessee sha11 have access to the Leased Premises and Property twenty-four (24) hours a
day, seven (7) days a week hy means of existing access for any purpose relating to this
Lease.
(b) Lessee may, at its own cost and expense, enter upon the Properry 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 Lessar's covenants are being met. Lessor shall be liable for, and hold
hannless Lessee from, any damage to the Leased Premises or to Lessee's equipment and
Antenna Facilities caused by Lessor in exercising its right to examine and inspect the
Leased Premises.
8. Utilities.
Lessor makes no representations that utiliries adequate for Lessee's use of the Leased
Premises are available. Lessee shall be responsible for the cost of all utilities installed and
. used by it at the Leased Premises. Lessor will cooperate with Lessee in Lessee's efforts to
obtain utilities from any location provided by the servicing ufility.
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 purposes, it shall be the liability of
Lessee to pay that portion of such property taxes directly attributable to Lessee's equipment,
provided Lessor sha11 give Lessee prior written notificafion of such tases so that Lessee will
have the opportunity to appear befare 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.
Z0. Complzanee and Statutes, Re2ulations, and AUnrovals.
Lessee's use of tt�e L,eased Premises herein is contingent upon its obtaining all certificates,
pernuts, zoning,_ and other approvals that may be rzquired by any federal, state or local
authority, including but not limited to an engineering study and a radio frequency
interference sttidy. Lessee's Antenna Facilities and any other facilities shall be installed,
maintained, and operated in accordance with all state or federal or local or municipal statutes,
ordinances, rules, or regulations now in effect, or that hereafter may be issued by the FCC or
any other governing bodies, and 'm accordarice with Lessor's technical minunum site
standards, attached hereto and incorporated herein as Exhibit "D," Technical Minimum Site
Standcrrds.
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10-330
ll. Interference.
(a) All freqnencies proposed for initial use shall be evaluated by Lessor's registered
professional radio frequency engineer ( 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 thirty (30) days after frequencies are provaded 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 thirty (30) days written notice to Lessor before modifying or
placing additional transmitter or receiver frequencies on the Leased Premises. Said notice
sha11 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 ar delayed without cause. Said review shall consist of necessary interference
studies to ensure that the modified or additional frequencies will not cause hannful radio
interference to Lessor's Opera6ons or the operations of Lessor's existing tenants. Lessee
shall pay all 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 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 Property prior to the Commencement Date of tfiis
Lease, provided that the equipment used by Lessor or other tenants is operating within
the technical perimeters specified by its manufacturer and/or as defined by the FCC. In
the event of any such interference, Lessee shall take a11 actions necessary to immediately
eliminate such interference in accordance with reasonable technicai standards. In the
event Lessee cannot correct the interference, Lessee shall have the option to ternunate
tkus Lease, pursuant to Section 12. TeYmination. 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) Lessar will not grant a lease to any other party 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 to additional parties that permits the installation of communications equipment
shall be conditioned upon not interfering with Lessee's Approved Use. Notwithstanding
the foregoing, Lessee acknowledges that Lessor may lease the Property, or any part of it,
to other parties in close proximity to the Leased Premises, and Lessee agrees to work
cooperatively with any such other parties, using accepted technical standazds in
accordance with FCC standazds, to ensure that such other parties' use and Lessee's use
will be compatible and will not cause interference with each other. Lessor agrees that it
will require the same obligation of all such future parties in any lease or agreement with
such future parties. Further, Lessee agrees to meet the conditions set forth in E�ibit
"D," Technical Minimum SiCe Standards.
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fe) Lessor in no way guarantees to Lessee noninterference with Lessee's transmission
operations, provided, however, that in the event that any other party requests permission
to place any type of additional antenna or transmission faciliry on the Property, the
procedures of this Secfion shall govem to determine whether such antenna or
transmission facility wi11 interfere w Lessee's transmission operations.
In the event Lessor receives any such request ar proposal from a party seeking to lease
space on the Property, Lessor shall submit the proposal, complete with all technical
specifications reasonably requested by Lessee, to Lessee for review for noninterference.
Lessee sha11 have thirty (3Q) days follo��ring 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 paragraph 11(c)
of this Lease, to the installation of antennas or transuussion facilifies pursuant to said
proposaL Lessee shall not be responsible for the expenses incurred in any independent
validation of such interference objections.
(fl In the avent that Lessee or other tenants on the Property experience ixrterference of their
approved fi•equencies and they cannot reach agreement as to the cause and remedy of
such interference, the RF Engineer shall determine such cause and remedy and Lessee
shall abide by the RF Engineer's determination. Lessor agrees that it will require the
same obligation of all such future parties in any lease or agreement with such other
parties.
i2. 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 other pariy for the following reasons:
(a) By either party, 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 of the parkies at
law, in equity, or pursuant to any other provisions hereo fl, or if such cure cannot be
completed within sixty (60) days, within such reasonable time as may be required,
provided the defaulting pariy commences the cure within ten (10) days of receipt of
written notice of default and diligently pursues such cure to complefion;
(b) By Lessee, in the event that:
(1) Lessee is uiiable to obtain ar maintain any license, permit, or other governmental
approval necessary for the construction andJor operation 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 Faciliries 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 wzitten notice.
Ey
10-330
(c) By Lessor, an the event that:
(1) Lessor determines, after review by an independent structural engineer, that the
ProperCy is shucturally unsound, including but not limited to consideration of age
of the Structuse, damage or destruction of a11 or part of the Property from any
source, or factors relating to condition of the Property;
(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 ather payment being overdue; or
(3) Lessee does not complete installation of its Antenna Facilities as shown on
Eahibit `B", Antenna Facilities and Frequencies within one (1) year of the
Commencement Date of this Lease.
If this Lease is terminated, pursuant to the terms and conditions of this Lease, rent sha11 be
pro-rated to the expiration date or the date on which all of Lessee's equipment is removed
from the �,eased Pxemises, whichever is later [in the event of Termination under Sections
12.(a) by Lessee, 12.(c)(2), or 12.(c)(3)], or whichever is eazlier (in the event of Ternunation
under any other Section). Within thirry (30) days after the date of the termination, Lessor
shall, if applicable, return to Lessee any amounts that Lessee has prepaid to Lessor.
l3. Insurance.
(a) Lessee shall obtain and maintain adequate insurance to protect the parties against any and
all claims, demands, actions, judgments, expenses, and liabilifies that may arise out of or
result from Lessee's use of the Leased Premises. Any applicable tiability poticy sha111ist
the Lessar and the City of Saint Paul as addifional insured, and sha11 provide that it will
be the primary coverage. The insurance coverage must include, at a minunusn,
Comprehensive General Liability Insurance Coverage, including pxemisesloperation
coverage, bodily injury, property damage, independent contractors liability, completed
operauons 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 sarisfy 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 licensed to do business in the State of
Minnesota, which includes all coverage required in paragraph 13(a) above. Said
certificate shall also provide that the coverage may not be canceled, or non-renewed, or
materially changed without thiriy (30) days written notice to Lessot•.
l4. Indemnity.
Lessee agrees to indemnify, defend, save, and hold harniless Lessor and the City of Saint
Pau1, ancVor any agents, officers or employees thereof from ali claims, demands, actions, or
causes of action of whatsoever nature ar character, 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
activities 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 andlor
any agents, contractors, officers, or employees thereof. It is fully understood and agreed that
Lessee is aware of the conditions of t12e Leased Premises and leases the same "as is."
E
10-330
I5. Aamape or Destruction.
If the Property or any portion thereof is destroyed or damaged so as to hinder its effective
use, Lessee may elect to terminate tkus Lease upon thirry (30) days written notice to Lessor.
In such event, a11 rights and obligations of the parties shall cease as of the date of fhe damage
or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by
Lessee, prorated to the date of the event.
I6. Notices.
All notices, requests, demands, and other communications hereunder shall be in writing and
shall be deemed given when personally delivered or mailed, certified mail, return receipt
requested, to the following addresses:
If to Lessor: Boazd of Water Commissioners
Attn: General Manager
1900 Rice Street, Office Building.
Saiut Paul, Minnesota 55113
If to Lessee, to: Clear 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: Lega1 Department
4400 Carillon Point
Kirkland, WA 98033
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 Properly free and clear of any liens ar
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 terms.
(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 ar 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. Lessar will be
solely liable for and will defend, indemnify and hold Lessee, its agents and employees
harmless from and against any and all direct claims, costs and liabilities, including
reasonable attorneys' fees and costs, arising out of or in connection with the removal,
[[l;
10-330
cleanup or restoration of the Properiy with respect to hazardous, toxic or dacigerous
materials £rom 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 dispose on the
Property nor transport to or over the Properiy any hazazdous substance, chemical or waste
contrary to any law or regulafion. Lessee further agrees to hold Lessor hannless 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
hazazdous substauces, including payment of all reasonable attorneys' fees, costs, and
penalties incurred as a result thereof, except for any release caused by the negligence or
willful misconduct of Lessor, its employees, or agents.
(d) "Hazardous substance" shall be interpreted broadly to mean any substance or material
defined ar designated as hazazdous or toxic waste, hazardous or toxic material, hazardous
or toxic or radioactive substance, or other similar term by any federal, state, or local
environmental law, regulation or rule presently in effect or promulgated in the future, as
such laws, regulations, or nxles may be amended from time to time. Lessor
aclrnowledges 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.
l8. No Liabilitv on Lessor.
Except due to Lessor's willful misconduct oz gross negligence, Lessor shali not be liable far
any damage to Lessee's equipment or Antenna Facilities, and Lessor shall not be liable for
vandalism or maiicious mischief caused by tlurd parties, known or unknown, to Lessee's
equipment or facilities, nor shall Lessor be liable for any lost revenue, business or profits of
Lessee.
19. Assipnmen�
(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 of this paragraph, 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 ar consent of the Lessar to: (a) any entity
controlling, controlled by or under common control with Lessee; (b) any entity acquiring
substantially all of the assets of Lessee; (c) any entity that is authorized to sell
telecommunications products or services under the Clear Wireless, LLC or Clearwire or
any successor brand name(s) or other brand name(s) used ar licensed by Lessee's parent
corporation ("Contract Affiliate"); or (d) any successor entity in a merger or
consolidation involving Lessee. Lessee shall provide Lessor written nofice of such
assi gnm ents within thiriy (30) days of execution. 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 aa ees that no assignment, sublease or other transfer of the Lessee's rights under this
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 sha11 be subject to
all of the provisions of this Lease.
11
10-330
(b} The parties acknowled�e that this is a nonexclusive lease. I�TOthing in this Lease shall
preclude Lessor &om leasing other space on the Property to any other person or entiTy
whick may be in competition with Lessee, or any other party, subject to the conditions set
forth in Section 11. Interference.
20. Successors and Assi,ans.
This Lease shall run with the Property. This Lease shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
2I. 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 casualty loss excepted. Lessee sha11 remove its equipment, personal property, Antenna
' Facilities, and leasehold improvements from the Properiy on or before date of expiration or
termination, and sha11 repair any damage to the Property caused by such equipment, all at
Lessee's own cost and expense.
22. Markinp and LiQhtinp Requiremertts.
Lessor acknowledges that it sha11 be responsible, at its sole cost and expense, for compliance
with all building marldng and lighting requirements that the Federal Aviation Administration
(`FAA") may require with respect solely to the height of the Sriuchxre. The responsibility,
however, is expressly limited to the requirements that would be required of an elevated water
storage facility having no communicarions equipment installed on it, irrespective of Lessee's
Antennae Faciliries. Lessor shall indemnify and hold harmless Lessee from any fines or other
liabilities caused by Lessor's failure to comply with such requirements for an elevated water
storage facility Struchxre. 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 L,essee for full costs,
liabilities, damages and expenses, including reasonable attorney's fees. Further, if Lessar
does not cure the conditions of noncompliance on the Structure within 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 reqtiire with respect to
Lessee's Antenna Facilifies. In the event the FAA determines that the Siructure must be
additionally marked, lighted, or in any way modified, due to the existence of Lessee's
Antenna Facilities, Lessee sha11 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 Lessar, such approval not
to be withheld without cause. Lessar sha11 appxove or object to such plans within thiriy (30)
days of receipt, and failure to make any objection within said thiriy (3�) day pexiod sha11 be
deemed approval by Lessar.
23. RFRudiation Complaance.
(a) The RF Engineer will perform a radiation survey of the Property following Lessee's
initial RF transmissions on the Leased Premises. Lessee shall be responsible foz• all costs
of such survey, at a cost not to exceed $1,000.
12
10-330
(b) Lessee shall implement a11 measures at the transmission site required by FCC regulations,
including but not lunited to posting si�ns and markings. Lessor shall cooperate with and
permit Lessee to implement all reasonable measures in order for Lessee to fulfill its
Radio Frequency exposure obiigations. Lessor agrees that in the event any future party
causes the entire site to exceed FCC Radio Frequency radiation lianits, as measured on
the Premises, Lessor shall hold such future pariy liable for all such later-arising non-
compliance.
24. Third Parly Apnrovals. 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 shall 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 take 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 sixry (60) days of receipt of
written norice of event, said occurrence shall constitute an event of default as otherwise
defined in Lease paragraph 12, Termination.
26. Miscellaneous.
(a) Each party agrees to fixrnish to the other, within thirty (30) days after notice of receipt of
the request, such truthful 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 kind. There are no
representations or understandings of any kind not set forth herein. Any modification of
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 ar
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 relaring 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 const3tute a single instrument.
(c) This Lease shall be conshued in accordance with the laws of the State of Minnesota.
Any legal action may only be commenced and proceed in the relevant disirict court in
Ramsey County, 5aint Paul, Minnesota.
(d) If any term of this Lease is found to be void ar invalid, such invalidity shall r�ot affect the
remaining terms of this Lease, which shall continue in full force and effect.
13
10-330
(e) Upon reo,uest by Lessee, Lessor a� execute a recordable Memorandum of this
Lease.
( fl E�ibits "A" through `B" listed below are hereby incorporated into tius Lease by
reference.
E�ibit "A" Legal Description and Site Plan
Exhibit "B" Antenna Facilities and Frequencies
E�ibit "C" Security Plan
E�ibit "D" Technical Minimum Site Standards
Exhibit "E" Memorandum of Lease RecoYding
Exhibit "F" Application Form
[Remainder of this page is left intentionally blank]
14
10-330
IN WI"TNESS W�IEREOF, the parties hereto have executed this Lease, the day and year
first above written.
For Lessor:
Approved:
:
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
IC
Assistant City Attorney
For Lessee:
Approved:
By
Its Legal Counsei
BOARD QF WATER COA'INIISSIONERS
OF THE CITY OF SAINT PAUL
FIN � 41-6005521
By
Pahick Harris, President
By
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor'
:
City Clerk
By
Director, Office of Financial Service
CLEAR WII2ELESS, LLC, a Nevada
limited liability corporation
By
Jason Caliento, Regional Director
15
10-330
EXI�iT "A"
Legal Descziption and Site Plan
The Northwest quarter of the Northwest quarter (NW '/4 of NW '/a) of Section 1�, Township
28 North, Range 23 West of the Fifth Principal Meridian.
EXHI�IT "A"
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1�-330
F��IT "B"
Clear Wireless, LLC
Ffighland No. 3 Water Tower
Antenna Facilities and Freuuencies
LESSEE ANTENNA FACILITTES AND FREQUENCIES
Base Stafioa Cabinets: 1�Qotaroia equipment cabinet
See attached specifications
Antennas:
Panel type. Maa�imum of 3 per site
Microwave. 3 Dish per site
ANT Model ANT Size (FT) Freq (GHz)
Andrew VHLP2-18 2 18
E-Band 80 GHz 2' 2 80
E-Band 80 GHz 2' 2 80
Frequencies - Band A
Receive Range: 2630.5-2693.5 MHz
Transmit Range: 263D.5-2693.5 MHz
Receive Transmit
Rg (MHz) Ts (MHz)
Channel 1 2,630.500 2,630.500
2 2,640.500 2,640.500
3 2,650.500 2,650.500
� 2,670.500 2,670.500
g 2,680.500 2,680.500
6 2,690.500 2,690.500
7
EXHIBIT "B"
10-330
ModulationlStandazd:
Vlasnnum EIRP:
Channel Bandwidth:
Antenna Informarion:
QPSK/OAM/Wimctt
57 dBm per can aer per sector
10 MHz
Gain =173dBi
Azunuth beam width = 65 Weight = 13kgs
Elevation beam width =7
Argus LLPX310R Antenna Size: 1670X300X115mm
Gain =16dBi
Azimuth beam width = 65 Weight = 13kgs
Elevation beam width =7
Kathreir: 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 TRLTE NORTH
Horizontal Spacing: 4'
Governing FCC Rules:
Intermodulation Levels:
Amplifiers:
Cables:
Code of Federal Regulations
Title 47 ("I'elecommuni¢afions)
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 behuid dishes)
6—>/16" coax (2 pex sector), 3—%z " coas (1 per dish)
GPS Antenna: Motorola tdming2C0'J 'antenna Size: 5"X4"
Gain = N!A
Azimuth beam width = N/a Weight = I loz
Elevation beam width =NlA
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10-330
SECURIT'Y PLAN
Remote Facilities Access
Saint Paul Regional Water Services (SPRWS�
Standard Operating Procedure (SOP)
Effective Date: 7anuary 1, 2004
INTENT:
SPRWS is dedicated to provid'mg its employees with the safest work environment possible and to taking
every reasonable precaution to ensure the safety of potable water delivered to our communities. This SOP
provides conditions for persons with need to access SPKWS facilities outside the McCarrons water
treatment facilities (Remote Facilifies). 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 af various cities, and various law enforcement personnel. Other entities also have occasional
access needs under the supervision of SPRWS stafE 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"
10-330
E�hibit "D"
Technical Minimum Site Standards
TECHNICAL MIlVIMUM SITE STANDARDS
Saint Paul Regional Water Services Water Tower Antenna Site
All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db
of attenuation to any internal RF signals. Desk-top base stations and open racks cannot
be used without special approval. Additional shielding kits may be required.
2. At least 60 db of isolation for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db
of isolation for 150 MHZ and 40 MHZ transmitters must be provided. A hannonic 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.
MaYimum transmitter power allowed into the antenna feed line sha11 be 110 watts per
transmitter. Higher power levels will be considered on a case-by-case basis. Additional
protective devices may be required.
4. Only jacketed copper 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 ox
any other single shielded cable wi11 not be allowed.
Proposed transmitters that wi11 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 MHZ
�Odbatl.SMHZ
SOdbat2.5MHZ
SOdbatlOMHZ
50 db at 20 MEIZ
EXHIBIT "D"
10-330
TECfi1VICAL NIINIMUM STTE STANDA.RDS - 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 prepared by Lessor's communications engineer consisting of at
least the following items:
a. Intermodulation interference (IM) calculations of all transmitters and
receivers known to exist in the area at time of application. (Study will
include 2nd, 3rd and Sth order IM terms, and A+ B- C, three-product
terms.)
b. Transmitter noise and receivex desensing calculations of all equipment at
the site.
c. Analysis of best equipment and antenna locarions 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 Pau1 Regional Water Services prior to installation.
���
10-330
Ezhibit "E"
Memorandum of Lease Recording
Recording Requested by.
LESSEE
Address
When Recorded Mai1 to:
LESSEE
Address
(space abave this tine for Record¢r's use onty)
MEMORANDUM OF LEASE
T7rts NIEMOR.aNDUM oF LEASE is entered into as of this day of , 2010,
by and between BOARD OF WATER COMNIISSIONERS OF TH� CITI' OF SAINT PAiTL, a
municipal corporarion under the laws of the State of Minnesota ("Lessor"}, and Clear Wireless, LLC, a
Nevada limited liability corporarion ("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 750 Snelline Avenue South, City of Saint Paul, CounTy of Ramsey, State of
Minnesota, and more particularly described in, and on the terms and conditions more particularly set forth
in, that certain Communication Facility Lease dated [date] (the "Lease") by and betcveen 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 two (2) 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 property affected by the filing and recording of this Memorandum of Lease is described
below:
The Northwest quarter of the Northwest quarter (NW '/4 of NW '/) of Section 15,
Township 28 North, Range 23 West of the Fifth Principal Meridian.
(Signature and Acknowledgement Pages Follow}
EXHIBIT "E"
10-330
Lessor:
Approved:
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Approved as to form:
:
Assistant City Attorney
For Lessee:
Approved:
BOARD OF WATER COMl�'IISSIONERS
OF THE CTTY OF SAINT PAUL
FIN 41-6005521
By
Patrick Harris, President
C
Mollie Gagnelius, Secretary
CITY OF SAINT PAUL:
By
Mayor
I�
City Clerk
By
Director, Offace of Financial Service
CLEAR WIRELESS, LLC, a Nevada
limited �iability corporation
B B
Its Legal Counsel Jason Caliento, Regional Director
10-330
ACKNOWLEDGEMENTS
BOARD OF WATER CONI1�aSSIONERS OF THE CTTY OF SAINT PAUL
STATE OF MSNNESOTA )
)ss.
COUNTY OF RANfSEY )
On . 2010, before me, Notary Public,
personally appeared Pah Harris, President, Boazd of Water Commissioners of the City of Saint Paul, a Minnesota municipa] corporation,
on behalf of the corporation.
Witness my hand a�d officia] seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2010, before me, Notary Public,
persoaally appeared Mollie Gagielius, Secretary, Soazd ef Water Commissioners of flte City of Saint Paul, a Minnesota municipal
corporation, on behalf of the corporation.
Witness my hand and official seal.
Notaty Public
10-330
CYTY OF SAINT PAUL
STATE OF ��IINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 201Q before me, A'otary Publiq
personally appeazed Ann Mulholland, Chief of Staft; on behalf of the Mayor of the City of Saint Paul, a Minnesota municipal corporaiion, on
behalf of the coiporarion.
Wi�ess my hand and official seal.
NoTary Public
STATE OFNIINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 2010, before me, Notary Public,
personally appeazed Shari Moore, City Clerk, City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation.
Witness my hand and official seal.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
On 201Q before me, Notary Public,
personally appeazed Mazgazet Kelly, Director, Office of Financial Services of the City of Saint Paul, a Minnesota municfpal corporation, on
behalf of the corporation.
Wimess my hand and o�cial seal.
Notary Public
10-330
LESSEE
STATE OF
) ss.
COL`�ITY OF )
I certify that I lmow or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that Le signed this instrument, on oath stated that he was authorized to execute the insfrument and
aclmowledged it as the of Cleaz Wireless, LLC, a Nevada limited liability corporation, to be the free
and voluntary act of such party for the uses and purposes menfioned in the insfiunent.
Dated:
Witness my hand and officiai seal.
Notary Public
10-330
ANTEN'iVA SITE LEASE APPLICATION
Boazd of Water Commissioners of rhe City oi Saini t�aul
Saint Paul Re�ional Water Services
(Please prmt or tvpa throughout)
Water Tower Sife Name aud Address: Hishlklaud Water Tower No. 3
7�0. 5. SneIline Ave_ St. Pa�il, NN 55116
Wireless Carrier: Clear Wireless LLC (Clearwirel
(Complefe corporate name of I.essee)
Wireless Carrier corporate desi��nafion: ANevada limited Iiahilitv corporation
. (Delawaze limited Iiability partnetship, California coiporntioa, etc.)
Wireless Carrier carporate address: 440Q Carillon Point, Kirkland, WA 98033
Attn: Site izasin�
1. Name ofApplicant: Clear Wireless, LLC
2. Address ofAppficant: 7400 Met�o Bivd., Ste. 26Q. Edina, MN 55434
3. Contact person for Applicant: Lawreuce Eoleman Direct Talepkone:1651) 244-3866
Cell: (6511249-3866 e-maii: lcalemanCcr�,fmhacom
4. Technical Advisor (if any): NA Dixect TeIephone:
Gell: . e-mail
5. Proposed Radio Band: Wimax 2.6GHz _ _
6. Proposed Radio Frequency �s): 263Q.5-2643.5
(Sgeeify or attach a separate list)
7. Type of Service (SMR, ESMR, PCS, Cellular, Two-Way Paging, Mierowave, WiFi, WiMas, etc.)
Microwave and WiMas
8. Unticensed spectr�zui? N (Y/I�
If yes, identify in detail the portions of the proj ect tltat wiit use an uniicensed spec:truus. Designate this as an
Attachmant.
Initial here to ir�dicate that Attachme�t is attac�ed.
If ufilizing a Distribnfed ?:ntenna System {DAS), provide Radio Frequeacy Coverage Maps prepared by the
FCC Licensee (s).
� _ - -,z
EXH�BI'T "F"
- - -Page`T'of4
10-330
�xr.,; t�,; ;�o t, �� • `• ... - <� .�. -<o.. _ � r,�
.,.. s. „„� �..�„_„�u„ �3 v;a =a , : o fre, _2.�sc_o� ,� �; c�_:er ='±e or sa��� ��� cr? __�ted,
proposed, or anficipafed? Y (Y(i�
Interconnection includes one or more radio frequency tinks for the ptupose fo provide far "back-haul" from �is
site to a switching center or centralizefl node location.
If yes, whaf willthe metfiod of intercannection he? Microwave
Lf yes, attached details and specificafions_
Initial here__,jh to indicate detaiIs and speoifications are attacked.
10. Anienna equipment — Attach applicable specifications
A. Number of anteanas 3 Nvmber of zones Antenna dimensions 1070x300zc115mm
B. Antenua type, manufacturer & modei no. Panel, ArQUS. LLPX310R
C. Transmission line or cable manufaciurer & model no.
D. Size of cables 5/ib" Number of cables 6
E. Antenna location on the tower: 30,1 SQ, 27d
(N, $, E, W, NE, efc. or specify the exact antenna azimuths)
F. GPS Antenna? Y (Y11V)
If yes, provide Size, Dimensions and Weiaht:
Initial here to indicafe specifications aze attached.
11. l?ish equipmen� — Attach applieable speeificat�s
A. Number af dishes 3 Dish dimensions 2' Microwave? _Y (Y(I� Satellite? _(Y/1�
B. Dish type, manufacct�ser & model no. MW, HPLP2, VI�,P2-18, VHLP2-23
C. Traasmission line or cable manufacturer & model na.
D. Size of cables 1/2" Nmnber af cables 3
E. Dish location on the tower: See azituuth chart above.
(N, S, E, W, NE, etc. or specify the e�ct antenna azunnths)
Lnitial here ±o indica±e specifica�ons zse atac�ed.
12. Gra�md equipment—Aitach applicabie specificauons
A. Square feet required SQ
B. Inside tower? Y (Y/I� Inside Lessee building? _(Y/1� Ontside? _(Y1N}
B. Nmnber of cabinets 1 Cabinet
�. Number of air conditioners Air conctitioaer description
D. Base Station manufacturer & model no. MotoroIa DAI'
Power Output: _5 Antenna type
E. Isalator manufacturer & model no_
Page 2 of 4
10-330
F. Duplexer manufacturer & model no.
�. F�ute:s �zr.w�'a�,:�-er & :.�odel no.
H. Confrols used in addifion fo tke transmitfer/receiver cabinets(s)? _(Y(?V}
Ifyes, howmany? manufacturer & model no.
Initial fiere to indicate specifications are attached.
13. Desired dafe ofopzratian:
Pa�e 3 of 4
10-330
READ CAREFLTLLY BEFORE SIGi�TIlVG
The tmdersi�ted agrees that in additian to the non-refundable Antenna Site Application fee of $I.00Q the
tmdersigned ska11 be responsible for actuai costs associated with the foIlowing:
a) Plan and struchaal review
b) Inspection
c) Interfnodulation study
d} Radiation study
Si�ature of Wireless Carrier: —�� Date: � Q
(Future Lessee, not Applic�
Name and title of signer: Nam�- i)a ,� ;\ ���j -� � Titie:� � AeJ
�P�t) ��t�
Mail compieted AppHcation Form and required atEachmenfs atoug wifh $L,000 check made payable to
Board of R'ater Cammissioners fo:
Bi11 Tscbida
Saint Paul Regional Water Services
1400 I2ice St, Offiee BuiFdi�
St. Paul, MN 55113
Questions: $iIl Tschida 651-266-6265 bilLEschidanu,ci.stpaul.mn.us
THIS APPLICA'ITON W�,L BE REFERENCED AS AN E.IHIBIT TO THE 3ITE LEA5E AGREEMEN'T.
Page 4 of 4
BOARD OF WATER COMMISSIONERS
Adopted bp the Roard of Water Commissioners
RESOLUTION — GENERAL FORM No �06�
?RESENTED sv Zanmiller N:a:ch 9 201�
COMMISSIONER DATE-
WHEREAS, Clear Wireless, LLC desires to lease space from the Board of Water Commissioners on
its Highland Water Tower No. 3 located at 75o South Snelling Avenue in the city of Saint Paul to
install and operate a Wi-Mas communicarion system; and
WFIEREAS, staff has prepared a Lease Aa eement 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
WI�REAS, 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-Max equipment at the Board's Highland Water
Tower No. 3 site is hereby approved in substantially the forxn submitted, and that the proper o� cers
are hereby authori zed and directed to execute said Lease Agreement on behalf of the Board following
approval by the assistant city attorney; and, be it
FURTHERRESOLVED, thatthe Honorable Council ofthe 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 Coaunissioners
Yeas Anfang
Bykowski
Aelgen
Kleindl
Vice President Zanmiller
President Harris
In favor 6 Opposed �
10-330
March 9, ZD 10
�7 r \Cj1�L�2 � e r
\� SECY.
Nays