10-421Council File # 10-421
Green Sheet # 3105716
RESOLUTION
Presented
CITY OF Sfll . P' UL, MINNESOTA
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2 BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into a five yeaz lease
3 agreement at Highland Water Tower #3 at 750 Snelling Ave South with the Board of Water
4 Commissioners of the City of Saint Paul for the radio communication site to serve the Saint Paul Police
5 and Saint Paul Fire departrnents.
6
Bostrom
Carter
Aarris
Helgen
Stark
Thune
Adopted by Council: Date
Adoption Certified by Co il Secretary
BY� /�� � ��.�
Approv d a� �. Date u� ��j J
BY� �
Requested by Depamnent of:
By:
Approved b th e of ' ancial Se '�
/1/
BY� / 1(�
Approved by City Attom ���/�
BY� � I�G- Y�. ��!�" l
Appro e y a r for Sub 'ss� n to uncil
B y: -`,�
✓
10-421
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
F (� — I Ia11UG1 JCI VIIiGJ
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Confact Person & Phone:
Dave Nelson
266-8860
Must Be on Council Agenda by (Date):
28-APR-10
Doc. RESOLUTION
E-Document Required: Y
Doeument Contact:
Contact phone:
Total # of Signature Pages _(Clip All
for Signature)
Green Sheet NO: 3105716
0
1
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Approve"five yeaz lease between the SPPD and Boazd of Water Commissionecs for radio communicafions site. (WD 40).
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Mswer the Following QuesGons:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a ciTy employee?
Yes No
3. Does ihis persoNfirm possess a skill not normally possessed by any
current ciiy employee?
Yes No
Expiain all yes answers on separaM sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The PoGce need to lease with Boazd of Water Commissioners for radio communications site at 750 Snelling Ave South.
AdvanpgeslfApproved:
Radio communications service will continue.
Disadvantages If Approved:
None forseen
Disadvantages If Noi Approved:
Police will have to find altema6ve radio site. No other sites with [he height or location.
Totai Amount of $ �
Trensaction:
Funding Source:
Financial Information:
(Explain)
07 APR 2010
y
Assign
Number
For
Routing
Order
CostlRevenue Budgeted:
Activity Number:
At R a � t��1�
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April 7, 2010 12:52 PM Page 1
10-421
STTE LEASE AGI2EEMENT
between �
BOARD OF WATER COMNIISSIONERS OF'PHE CTTY OF SAINT PAUL .;
and
CITY OF SAINT PAUL - POLICE DEYARTMENT
This Lease Agreement ("Lease") is entered into this day of , 2010,
between the BOARD OF WATER CONIlVIISSIONERS OF THE CITX OF SAINT PAUL, a'
Minnesota municipal corporation ("Lessor"}, and the CITY OF SAIPI'T, PAiTL - POLICE
DEPARTMENT ("Lessee"). � �
In consideration of the terms and conditions of this Lease pa#ies agree as'follows:
f-
, �.
1. Leased Premises. �;�* � �
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Lessor hereby leases to Lessee certain space located at Le'ssor'.s Higku'and Water Tower �Pb.
3, located at 750 Snelling Avenue South, St. Paul, Minne`so�55S16. The water stoi"age
facility and its appurtenances ("Structure"), and._the Lessor's land u��ywhich the Structure is
situated are collectively called the "Property";'=€�fi��iieperty interest.l�eased and granted by
the Lessar to Lessee (collectively, the `.`I�eased�k�emises"��consists of the foliowing:
-���,._;"- ; ,r
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• struct�e exterior space f�attachment of�ante�nas at ��?FAGL;
2" Ridged Pipe attached to rv�ing �,two locaho�s,�rth a height of 96"
1) Enclosure 16"x20"x8' mou��d,tp1he 2 pile at�ike,ivest location
• space requira��"��•cable runs to connect e� ment; �
3 /4-inch c�ondurt to�be�i�auted�b,e,t anteriria�a�sts for all cables
no�t"e�sive easenpents ce �; rnsun utilily Eati'es and cables;
�. �� �°% � � e�`
f � �non-exclusive easem8ltfiacross the Property for access.
� ����;
;I�o other space or�roperty interesi�s are being leased to Lessee except as described above
and-as;ct�scrtbed'on E�u'"biG;`A," L`eg�l Description and Site Plan.
_ ._ . ;
2. Ternrs/Renewals.
(a) The initial term of thisiL"ease shall commence on first day of the month following Saint
Paul City Council approval, (the-"Commencement Date"), and shall expire on December
31, 2014.
G ,
(b) Lessee shall have the iight to extend this Lease for two (2) additional five (5) year terms
(each a"Renewal Term") subject to (c) below.
(c) This Lease shall automatically be renewed for each successive Renewal Term unless
Lessee is in default beyond applicable norice 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.
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3. Rent
Rent shall consist of Base Rent and such Addiuonal Rent as may apply. Lessee shail make
all payments of Base Rent and Additional Rent to Lessor at the following address:
Board of Water Commissioners
Attn: General Manager
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.
The Base Rent shall be waived.
Lessee may not install and/or operate any additional antennas or related equipment
beyond tttose Antenna Facilities and frequencies identified in Exhibit `B; Antenna
Facilities and Frequencies without the prior written consent of L,essor, such consent not
to be withheld, conditioned or delayed without cause.
(b) 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 pazagraph or any other paragraph
of this Lease. Additional Rent shalt include the following fees, costs and expenses:
(1) costs for the repairs, improvements, or alterations required to be made by Lessee
in Section 6. Maintenance and Repairs;
(2) all general, or special taxes on Lessee's personal property. As a condition of
Lessee's obligation to pay any tax, Lessor shall provide Lessee documentation
from the taxing authority indicating with reasonable certainry that the tas was
directly amibutable to Lessee's tenancy. Lessee shall have the right to file an
assessment appeal, and I,essor shall cooperate in any such appeal as reasonably
requested by Lessee, all at Lessee's sole cost and expense; and
(3) fees, costs, and expenses far property insurance and/or :uiinsured losses as set
forth in Section 13, Insurance.
In the event that Lessee does not pay the required Additional Rent to the appropriate
party, Lessor may, at its option, and after 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. Use of Leased Premises.
(a) Primary Use of Proneriv
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.
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(b) Jeopazdv of Primarv Use
(1) In the event that the Lessor's Primary Use of the Structure is put at risk because of
Lessee's operations ("Jeopazdy"), Lessor shall provide written notice of such event to
Lessee. Lessor and Lessee agree to work together to cure the occurrence that causes
the Jeopardy. Lessee shall make all good efforts to cure the Jeopardy within thirty
(30) days of receipt of written notice of event. If Lessee does not cure the Jeopazdy
within thirry (30) days of receipt of written norice of event, said occurrence of
Jeopardy shall constitute an event of default by Lessee, as otherwise defined in
Section 12. Terminafion. If circumstances beyond the control of Lessee prohibit the
Jeopardy from reasonably being cured within thir[y (30) days, Lessee shall notify
Lessor of such circumstances and commence actions required to cure the Jeopardy
(e.g. assessing the problem, ordering necessary equipment) within seven (7) days of
Lessor's written notice of Jeopazdy and shall diligently pursue the cure to completion
within a reasonable time thereafter.
(2) In the event of Jeopardy that poses an immediate threat of substantial 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 detemunes aze 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 afrer such entry, Lessor gives written notice to Lessee of Lessor's
emergency entrance.
(3) If Lessor determines thatthe condirions of a Severe Jeopardy would be benefited by
cessation of Lessee's operations, Lessee shall immediately cease its opera6ons on the
Premises upon notice from Lessor to do so.
(c) Lessee's Use of Leased Premises
(1) Lessee shall have the non-exclusive right, at its sole cost and expense, to use the
Leased Premises as a wireless communications antenna facility ("Approved Use").
(2) In accordance with this Approved Use, the Lessee has the right to install, operate,
maintain, repair, replace, store or remove its antennas, utility building, equipment,
personal property, leasehold improvements, and appurtenances (collectively,
"Antenna Facilities") as shown in Exhibit "B", Antenna Facilities and Frequencies
and attached Exhibit "A", Lega1 Description and Site Plan.
(d) Laws Govemin¢ 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 locai rules, laws and regulations. This Lease is contingent upon Lessee
receiving a11 permits, licenses ar 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.
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5. Installation ofE9uipment and Leasehold Improvements.
(a) Construction Plans
For the initial installation of all 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
two (2) sets of construction plans ("Construction Plans") consisting of the following:
1) line or CAD drawings showing location of all planned installarions plus materials
and consiruction methods;
2) specifications for all planned installations;
3) diagrams of proposed Antenna Facilities;
4) a complete and detailed inventory of a11 equipment and personal property 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 will be deemed approved.
Lessee shall be solely responsible for all costs associated with said review and approval
of Construction Plans by Construction Engineer.
(b) Construction Scheduling
At ieast three (3) days prior to Lessee's construction mobilization, Lessee shall conduct a
pre-construction meeting on the Property. Said meeting shall be attended by the
Construction Engineer, Lessee's representative and all parties involved in the installation.
(c) Construction Insnecrion.
All construction activity shall be subject to inspection and approval by the Construction
Engineer. If deemed necessary by the Construction Engineer, construction 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 inspecrion and approval of
construction work by Construction Engineer.
(d) Exposed Antenna Facilities
All Antenna Facilities affixed to the Shucture 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) Damage bv 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.
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6. Maintenance and Repairs.
(a) Pro e
Lessor resemes the right to take any action it deems necessary, in its sole and reasonable
discretion, to repair, maintain, alter, or improve the Property in connection with Lessor's
Operations.
(b) Siructure Reconditionina and Repairs
I. From tune to time, Lessor paints, reconditions, or otherwise improves or repairs the
Structure in a substantial way ("Reconditioning Work"). Lessor shail reasonably
cooperate with Lessee to carry out Reconditioning Work activities in a manner that
minimizesinterference with Lessee's Approved Use.
2. Prior to commencing Reconditioning Work, Lessor sha11 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 FaciliUes 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
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 canying out
Recondirioning Work in order to reduce the interference with Lessee's Approved
Use. If Lessor agees to the modification, Lessee shall be responsible for all
incremental cost related to the modification.
5. For minor repairs or maintenance, Lessor agrees to provide Lessee with five (5) days
advance notice of any such activities and to reasonably cooperate with Lessee to carry
out such activities in a manner that minimizes interference with 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.
7. Pranerlv Access.
Access to the Property, including the Leased Premises, by outside persons, including
Lessee's employees, agents and assigns, shall at all times be governed by Lessor's Security
Plan, attached hereto and incorparated herein as E�ibit "C", Security Plan. Lessee agrees it
sha11 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 shall have access to the I,eased 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.
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(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 have the right to use Lessor's existing utilities on the
Property. Modifications and connections to said existing utilities shall be approved in
advance and in writing by Lessor. Lessee shall be responsible for the cost of all utiliries
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 utility.
9. Personal Pronertv and Real Estate Taxes.
If any of Lessee's improvements constructed on the Leased Premises should cause the
Properiy, or any portion of it, to be tased for real estate purposes, it shall be the liability of
Lessee to pay that portion of such property taxes directly attributable to Lessee's equipment,
provided Lessor sha11 give Lessee prior written notification of such taxes so that Lessee will
have the opportunity to appeaz before the tasing authority to contest such taxes.
Notwithstanding Lessee's right to contest such tazces, Lessee shall pay its shaze of such taxes
within ninety (90) days of receiving notice of the same.
10. Comnliance and Statutes. Repulations. and Annrovals.
Lessee's use of the Leased Premises herein is contingent upon its obtaining all certificates,
permits, zoning, and other approvals that may be required by any federal, state or local
authority, including but not limited to an engineering study and a radio frequency
interference study. Lessee's Antenna Facilities and any other facilities shall be installed,
maintained, and operated in accordance with all state ar 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 in accordance with Lessor's technical minimum site
standazds, attached hereto and incorporated herein as Exhibit "D," Technical ILlinimum Site
Standards.
11. Interference.
(a) All fi 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 thiity (30) days after frequencies are provided to him by
Lessee. Lessee shall not transmit or receive radio waves at the Property until such
evaluation has been satisfactorily completed.
(b) Lessee shall provide at least 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,
10-421
conditioned or delayed without cause. Said review shall consist of necessary interference
sludies to ensure that the modified or additional frequencies will not cause hannful radio
interference to Lessor s Operntions 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 Properry priar to the Commencement Date of this
Lease, provided that the equipment used by Lessar 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 all actions necessary to immediately
eliminate such interference in accordance with reasonable technical standards. In the
event Lessee cannot correct the interference, Lessee shall have the option to terminate
this Lease, pursuant to Section 12 Termination. Lessee shall not be responsible for
interference that results from a change in the operations of other tenants after the
Commencement Date of this Lease.
(d) Lessor will not grant a lease to any other party for use of the Property, if such use would,
ar would likely, interfere with Lessee's Approved Use. Any future lease by I,essor 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 Properiy, 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 standards in
accordance with FCC standards, to ensure that such other parties' use and Lessee's use
will be compatible and will not cause interference with each other. Lessor agrees that it
will require the same obligation of all such future parties in any lease or ageement with
such future parties. Further, Lessee agrees to meet the conditions set forth in Exhibit
"D," Technical Minimum Site Standards.
(e) Lessor in no way guarantees to Lessee noninterference with Lessee's transmission
operations, provided, however, that in the event that any other pariy requests permission
to place any type of additional antenna ar transmission facility on the Property, the
procedures of this Section shall govern to determine whether such antenna or
transmission facility will interfere with Lessee's transmission operations.
In the event Lessor receives any such request or proposal from a party seeking to lease
space on the Properry, Lessor shall submit the proposal, complete with all technical
specificarions reasonably requested by Lessee,to Lessee for review for noninterference.
Lessee shall have thirty (30) days foilowing receipt of said proposal to make any
objections thereto, and failure to make any objection ��ithin said thirty (30) day period
shall be deemed consent by Lessee, subject to interference provisions of pazagraph 11(c)
of this Lease, to the installation of antennas or transmission facilities pursuant to said
proposal. Lessee shall not be responsible for the expenses incuned in any independent
validation of such interference objections.
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(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 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 party far 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 notice of
default to the other party (without, however, limiting any other rights of the parties at
law, in equity, or pursuant to any other provisions hereofl, or if such cure cannot be
completed within sixty (60) days, within such reasonable time as may be required,
provided the defaultin� party commences the cure within ten (10) days of receipt of
written notice of default and diligenfly 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 operation of the Antenna Facilities;
(2) the Leased Premises aze ar 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 notice.
(c) By Lessor, in the event that:
(I) Lessor determines, after review by an independent shuctural engineer, that the
Property is structuraily unsound, including but not limited to consideration of age
of the Structure, damage or destruction of all or part of the Property from any
source, or factors relating to condition of the Property;
(2) Lessee fails to pay rent provided for in Section 3. Rent within thlrty (30) days of
receipt of written notice from Lessor of a rent or other payrnent being overdue; or
(3) Lessee does not complete installation of its Antenna Facilities as shown on
Exhibit "B", Antenna Facilities and Frequencies within one (i) year of the
Commencement Date of this Lease.
If this Lease is tennivated, pursuant to the terms and conditions of this Lease, xent 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 Secrions
12.(a) by Lessee, 12.(c)(2), or 12.(c)(3)], ar whichever is earlier (in the event of Termination
under any other Section). Within thirty (30) days after the date of the termination, Lessor
shall, if applicable, return to Lessee any amounts that Lessee has prepaid to Lessor.
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13. Insurance.
(a) Lessee shall obtain and maintain adequate insurance to protect the Lessee 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. Lessee may provide such coverage
through a program of self-insurance.
(b) Nothing in this Agreement shall constitute a waiver by the Lessee of any statutory or
common law immunities, limits or exceptions on liability.
14. Indemnitv.
Lessee agrees to indemnify, defend, save, and hold harmless Lessor and/or its agents,
officers or employees thereof from all liability, claims, demands, actions, or causes of action
of whatsoever nature or character, arising out of, or by reason of, the leasing of the Leased
Premises by the Lessor to Lessee, or arising out of, ar 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 or its agents, contractors, of£cers, or employees thereof. It
is fully understood and agreed that Lessee is aware of the conditions of the Leased Premises
and leases the same "as is."
I5. Damape 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 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 sha11 be entitled to the reimbarsement 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: Board of Water Commissioners
Attn: Genera] Manager
1900 Rice Street, Office Building.
Saint Paul, Minnesota 55113
If to Lessee, to: City of St. Paul Police Department
Attn: Radio Shop Communications
367 Grove Street
Saint Paul, Minnesota 55101
17. Revresentations and Warranties.
(a) Lessor represents that (i) it has full right, power, and authority to execute this Lease; (ii)
it has good and unencumbered title to the Property free and clear of any liens or
mortgages, subject to such liens of record; (iii) Lessee shall have quiet enjoyment of the
Leased Premises during the term of this Lease in accordance with its terms.
10-421
(b) Lessee warrants that the individuals signing and execuring this Lease on behalf of Lessee
have the requisite corporate power and authority to enter into and perform this Lease on
behalf of Lessee.
(c) 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
or local law or reguiation as defined in paragraph 17 (c) of this Lease. Lessor will be
solety 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 attomeys' fees and costs, arising out of or in connection with the removal,
cIeanup or restoration of the Property with respect to hazardous, toxic or dangerous
materials from any and all sources other than those hazazdous, toxic ar dangerous
materials introduced to the Property by Lessee. Lessee represents and warrants that its
use of the Leased Premises herein will not generate and it will not store or dispose on the
Properiy nor transport to or over the Property any hazazdous substance, chemical or waste
contrary to any law or regulation. Lessee further agrees to hold Lessor harmless 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 representarion or from
the violation of any state or federal law by such release associated with Lessee's use of
hazardous substances, including payment of all reasonable attorneys' fees, costs, and
penalties incuned 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 or designated as hazardous or toxic waste, hazardous or toxic material, hazardous
or toxic or radioactive substance, or other similar term by any federal, state, or local
environmental law, regulation or rule presently in effect or promulgated in the future, as
such laws, regulations, or rules may be amended from time to time. Lessor
acknowledges Lessee's use of hatteries as back-up power and deems them acceptable as
long as such batteries aze used and disposed of in accordance with all applicable laws and
good engineering practices.
I8. No Liabilitv on Lessor.
Except due to Lessor's willful misconduct or gross negligence, Lessor shall not be liable for
any damage to Lessee's equipment or Antenna Facilities, and Lessor shall not be liable far
vandalism or malicious mischief caused by third parties, known or uuknown, to Lessee's
equipment or facilifles, nar shall Lessor be liable for any lost revenue, business or profits of
Lessee.
19. Assi2nmenG
(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. Any approved
sublease that is entered into by Lessee shall be subject Yo all of the provisions of this
Lease.
(b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall
preclude Lessor from leasing other space on the Property to any other person oz entity
which may be in competition with Lessee, or any other party, subject to the conditions set
forth in Section 11. Interference.
10
10-421
20. Successors and Assipns.
This Lease shall run with the Property. This Lease sha11 be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
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 weaz and teaz
and casualty loss excepted. Lessee shall remove its equipment, personal property, Antenna
Facilities, and leasehold improvements from the Properry on or before date of expiration or
termination, and shall repair any damage to the Properry caused by such equipment, all at
Lessee's own cost and expense.
22. Markina and LiQhtinp Requiremenu.
Lessor acknowledges that it shall be responsible, at its sole cost and expense, far compliance
with all building marking and lighting requirements that the Federal Aviation Administration
("FAA") may require with respect solely to the height of the Shucture. The responsibility,
however, is expressly limited to the requirements that would be required of an elevated water
storage facility having no communications equipment installed on it, inespective of Lessee's
Antennae Facilities. Lessar shall indexnnify and hold harcnless Lessee from any frnes or other
liabilities caused by Lessor's failure to comply with such requirements for an elevated water
storage facility Shucture. 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 sha11 indemnify Lessee for full costs,
liabilities, damages and expenses, inciuding reasonable attorney's fees. Further, if Lessor
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 nofice to Lessor.
Lessee acknowledges that it shall be responsible at its sole cost and expense, for compliance
with all building mazking and lighting requirements that the FAA may require with respect to
Lessee's Antenna Facilities. In the event the FAA determines that the Shucture 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 mazking,
lighting and modifying shall be subject to prior written approval by Lessor, such approval not
to be withheld without cause. Lessar shall approve ar object to such plans within thirty (30)
days of receipt, and failure to make any objection within said thirty (30) day period shall be
deemed approval by Lessor.
23. RFRadiation Complianee.
Lessee shall implement all measures at the transmission site required by FCC regulations,
including but not limited to posting signs and markings. Lessor shall cooperate with and
permit Lessee to implement all reasonable measures in order for Lessee to fulfill its Radio
Frequency exposare obligations. Lessor agrees that in the event any future party causes the
entire site to exceed FCC Radio Frequency radiation limits, as measured on the Premises,
Lessor shall hold such future party liable for all such later-arising non-compliance.
11
10-421
24. Third Partv Annrovals. Insneetions and Evaluations.
The Lessee shall be responsible for ail costs associated with obtaining required reviews,
approvals, inspections, studies surveys or evaluations, whether required by this Lease or by
other governing authorities.
Z5. Noise Resfrictions.
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, I.essor 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 ieduce 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. Miscellaneous.
(a) Each party agrees to furnish 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 constihttes 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 parry. No waiver shall be implied by delay or any other act or
omission of eithez party. No waiver by either party of any provisions of this Lease shall
be deemed a waiver of such provision with respect to any subsequent matter relating to
such provision. This Lease may be executed in multiple counterparts, each of which shall
be deemed an original, but all of which together shall constitute a single instrmnent.
(c) This Lease shall be construed in accordance with the laws of the State of Minnesota.
Any legal action may only be commenced and proceed in the relevant district court in
Ramsey County, Saint Paul, Minnesota.
(d) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the
remaining 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.
(� Exhibits "A" through "D" listed below are hereby incorporated into this Lease by
reference.
12
10-421
Exhibit "A" Lega1 Description and Site Plan
E�ibit'B" Antenna Facilities and Frequencies
E�ibit "C" Securiry Plan
E�ibit "D" Technical Minimum .Site Standards
[Remainder of this page is left intentionally blank]
13
10-421
IN WITNESS WHEREOF, the parties hereto have executed this Lease, the day and year
first above written.
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
John M. Harrington, Chief
Saint Paul Police Department
Approved as to form:
IC
Ginger Palmer, Assistant City Attomey
BOARD OF R'ATER CONIlVIISSIONERS
OF THE CITY OF SAINT PALTL
By
Pahick Harris, President
By
Mollie Gagnelius, Secretary
�
Margazet Kelly, D'uector
Office of Financial Services
CITY OF SAINT PAUL -
POLICE DEPARTMENT
By
Chris Coleman, Mayor
By
Shazi Maore, City Clerk
By
Margaiet Kelly, Birector
Office of Financial Services
14
10-421
EXHtBIT"A"
Legal Descripfion and Site Plan
The Northwest quarter of the Northwest quarter (1�TW '/n of NW %4) of Section 15, Township
28 North, Range 23 West of the Fifth Principal Meridian.
EXHIBIT "A"
10-421
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EXHIBIT "B"
City of Saint Paul Police Department
Highland No. 3 Water Tower
Antenna Faciliries and Frepuencies
LESSEE ANTENNA FACILITIES AND FREQUENCIES
Base Stafion Cabinets: None
Antennas:
Panel type. MaYimum of 4 per site
Omni type, Masimum of 1 per site
Frequencies - Band A
Receive Range: Example � 1234 - 5678 MHz
Transmit Range: Example: 1234 - 5678 MHz
Reeeive Transmit
Itx (NIIiz) Tz (NII3z)
Channel 1 5705 5705
2 4980 4980
3 5350 5350
4 5365 5365
5 2400 2400
6
EXHIBIT "B"
10-421
Modulation/Standazd:
Mvcimum EIRP:
Channel Bandwidth:
Antenna Information (qty 2):
Antenna Information (qty 2):
CSMA
+40dBm per carrier per antenna
20 MHz
Antenna Size 14" x 14" x 1"
Gain = 22.5 dBi
Azimuth beam width = 9
Elevation beam width =9
Antenna Size 7" x 7" x 1"
Gain = 17.5 dBi
Azimuth beam width = 20
Elevation beam width =20
Weight = 21bs
Weight = 1 lbs
Antenna Information (qty 1); Antenna Size'/d' x 3 /a" x 4"
Gain = 5 dbi
Antenna Configuration:
Governing FCC Rules:
Intermodulation Levels:
Standards
(1999)
Weight = .25 Ibs
(qty 4) Point to Point
(qty 1) WiFi
Code of Federal Regulations
FCC Part 15 Section 107
FCC 15.107, 15-109; 15-203-15.205, 15.207, 15.209; 15.247;
PTP -(1BS to 1 SU) using USA regulations for L and U bands,
ETSI regulations for M bands
UL 60950, UL50, CSA 22.2 No. 60950-00, IEC 60950 3rd Ed
10-421
SECURITY PLAN
Remote Facilifies Access
Saint Paul Regional Water Services (SPRWS)
Standard Operating Procedure (SOP)
Effective Date: January 1, 2004
INTENT:
SPRWS is dedicated to provlding its employees with the safest work environment possible and to taking
every reasonable precau6on 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
treahnent facilities (Remote Facilities). Tt establishes procedures for access as well as the issuance and
display of proper identification by persons with unescorted access rights.
SECi7RITY OF FACILITIES:
Persons with routine access to remote facilities include SPRWS staff, agents of entities leasing space,
agents of various cities, and various law enforcement personnel. Other entities also have occasional
access needs under the supervision of SPRWS staff. With so many persons having legitimate access
needs, it is imperative that specific procedures be established to ensnre thaY the highest level of security
possible. As a result, the following procedures aze established:
Plan is under constraMion.
-End-
EXHIBIT "C"
10-421
Eahibit "D"
Technical Minimum Site Standards
TECHNICAL 11'IIlIl�TTIMIJM STTE 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 sio als. Desk-top base stations and open racks cannot
be used without special approval. Additional shielding kits may be required.
2. At least 6� db of isolation for 450 MHZ, 8�� MHZ and 900 MHZ transmitters and 30 db
of isolation for 150 MIIZ and 40 MHZ transmitters must be provided. A hannonic filtex
must be provided on the transmitters between the antenna and any fenite device used.
Additional filtering and isolation may be required and will be considered on a case-by-
case basis.
Masimum transmitter power allowed into the antenna feed line shall be ll0 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 pernutted for transmission lines at the site.
All on-site intercabling must use RG/9, RG/142, RG/214 or'/2 inch Superflex. RGl8 or
any other single shielded cable will not be allowed.
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 pernutted 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 MfIZ
50 db at 1.5 MHZ
50 db at 2.5 MHZ
50 db at 10 MHZ
50 db at 20 MHZ
EXHIBIT "D"
10-421
TECHNICAL 1VIINIMUM SITE STA.niDARDS - 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 wi11 be prepazed 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 arder IM terms, and A+ B- C, three-product
terms.)
b. Transmitter noise and receiver desensing calculations of all equipment at
the site.
c. Analysis of best equipment and antenna locations at the site.
d. Analysis of AC power requirements.
e. Report to p7ospective site user tegasding application.
9. Plan and specifications to secure equipment to the tower must be submitted to
and approved by Saint Paul Regional Water Services prior to installation.
-End-
10-421
BOARD OF WATER COMMISSIONERS
RESOLUTION — GENERAL FORM
PRESENTEO BY He1Qen
COMM15510NER
fR�I�IS�
DATF March 9, 2010
WHEREAS, City of Saint Paul - Police Department desires to lease space from the Boazd of Water
Commissioners on its Highland Water Tower No. 3 located at 750 South Snelling Avenue in the city
of Saint Paui to install antennas for use in a wireless mesh security system; and
WHEREAS, staffhas prepazed a Lease Agreement which provides the space at no cost, and which
provides for a 5-year term that automatically renews for three additional 5-year terms; and
WHEREAS, staff has recommended approval of said I,ease Agreement; now, therefore, be it
RESOLVED, that the Lease Agreement between the Board of Water Commissioners and City of
Saint Paul - Police Depariment allowing for the installation of antennas at the Board's Highland
Water Tower No. 3 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 Boazd
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 Coaunissioners
Yeas
Vice President
President
In favor 6
Anfang Nays
Bykowski
Helgen
Kleindl
Zanmiller
Harris
OPPos� �
Adopted by the Boazd of Water Commissioners
March 9, �p 10
�O.d�-t . noX�i.�.,
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SECY,