95-1085Counal F'ile i` �� �OBS
P i � � � � �'@S �4. � Green Sheet # 2885 1
� �' � � RESOLUTION
CITY OF SAi1VT PAUL, MiNNESOTA a�
Presented By
Re£erred To
Committee: Bate
WHEREAS, Skytel Corporation desires to lease space at the
McKnight Road Standpipe site on McKnight Road at Wilson
Avenue in Saint Paul, Minnesota, said site owned and
operated by the Saint Paul Board of water Commissioners,
hereinafter referred to as the '°Board"; and
WHEREAS, Board staff has prepared the attached lease
aqreement which provides £or a£ive-year lease starting at a
one-year lease rate of $7,320 and increasing each subsequent
year at a rate equal to the Consumer Price Index; and
WHEREAS, The Board did adopt Board Resolution No. 4380 which
approved said lease agreement; now, there£ore, be it
RESOLVED, That the attached lease agreement between the City
of Saint Paul, the Saint Paul Board of Watei Commissioners,
and Skytel Corporation is hereby approved and that the
proper officers are hereby authorized to execute said lease
agreement on behal£ of the City of Saint Paul.
Requested by Department of:
Adopted by CoundL• Date �,_, ;}- _\� \q q�
--�— ,
Adoptaon Certified by CounciI Secretary
�
Approved by Mayor:
<
�
Water Utility
B � ; ��,�� /�. �����"
Bernie R. Bullert - General Manager
Water
Bernie Bullert - 66274
`t 5 - �o8's
GREEN SHEET �° 33449
INITIAVDATE INITIAUDATE
DEPARTMENTDIRECTOR O qTYCOUNCIL
CITYATTORNEY a pTY CLEFK
BUDCaET DIRECTOR � FIN, & MGT. SEflVICES �IR.
MAYOR (OR ASSISTANT) O
9/1/95
FOP
TOTAL # OF SIGNATURE PAGES (CUP All LQCATIONS FOR SIGNATURE)
City Council approval of resolution concurring with action taken by the Board of Water
Commissioners in executing the attached agreement which leases space at the McKnight
Road Standpipe site to Skytel Corporation for the installation and operation of commun
or
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION
_ qB COMMI7TEE _
_ STAFF _
_ DISTRICTCOURT _
SUPPOFTS WNICH COUNCIL O&IECTIVE?
INITIATiNG PROBLEM, 1SSUE, OPPORTUNITV (Who,
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UES710NS:
7. Has this person/firm ever worketl under a contrad for this department?
YES NO
2. Has this personRirm ever been s ciTy employee?
YES NO
3. Does this person/firm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes enswers on separate sheet and attach to green aheet
The Board of Water Commissioners has the opportunity to receive revenue by leasing space
at.its water tower site on McKnight Road at Wilson Avenue.
Board of Water Commissioners will receive a yearly revenue.
SeG C•S • � �'d'8
w A�_S �
TOTAC�AMOUNTOPTRANSACTION S
COST/pEVENUE BUDGETED (CIRCLE ONE)
YES NO
FUNDffi�G SOURCE
PINANCIALINFORMATION:(EXP�AIN)
AC71ViTY
cirr oF st r�u�
OFFICE OF THE BOARD OF WATER COMMISSIONERS
RESOLUTION — GENERAL FORM No 4380
COMMEI R2tti¢3R pA � AugllSt 14 1995
95-1085
WHEREAS, Skytel Corgoration desires to lease space from the
Board of Water Commissioners on its McKnight Road Standpipe
site on McKnight Road at Wilson Avenue in Saint Paul,
Minnesota, and on the Standpipe itself to install and
operate paging communication equipment; and
WHEREAS, The Skytel Corporation desires to share certain
leased space with the Destineer Corporation; and
WHEREAS, The Board did adopt a Water Tower Site Leasing
Policy on July 10, 1995, which allows such space leasing and
imposes certain conditions on such leasing; and,
WHEREAS, StaPf has prepared the attached lease agreement
which complies with all conditions of the Water Tower Site
Leasing Policy and provides for a five-year lease starting
at a one-year lease rate oP $7,320 and increasing each
subsequent year at a rate equal to the Consumer Price Index;
and
WHEREAS, The General Manager of the Water Utility, Mr.
Bernie R. Bullert, recommends Board approval of the attached
lease agreement; now, therefore, be it
Wates Commissioners
Adopted by the Board of Water Commissioners
Yeas Nays
19_
In favor__ Oppased
SECY.
ciTr oF n. P�u�
OFFICE OF THE BOARD OF WATER COMMISSIONERS
RESOLUTION -- 6ENERAL FORM
No 4380
COMM RettIDdri pA .� AllguSt l�i 1995
• '� ' :f .
RESOLVED, That the attached lease aqreement between the
Board of Water Commissioners and Skytel Corporation is
hereby approved and that the proper officers are hereby
authorized to execute said lease agreement on behalf of
the Board; and, be it
FURTHER RESOLVED, That $6,000.00 of the first year's lease
fee shall be applied towards landscape improvements on the
McKnight Road Standpipe site.
Water Commissioners
Yeas
Arcand
Harris
7ice President Rettman
President Guerin
Nays
Adopted by the Board of Water Commissioners
AuQUSt 14, 19�
In favor !+ _ Opposed � `��� O
C � SECY.
SAINT
PAUL �
,.:? 7 V
.�-�
�•?
WATER
UTILITY
SAINT FAUL WATER UTILI?Y
WATER TOWER SITE LEASE AGREEMENT
Between
Board of Water Commissione�rs
�
Skytef Corporation
August I995
WATER TOWER SITE LEASE AGREEMENT
Between the Board of Water Commissioners and Skytel Corporation
Tf1BLE OF CONTENTS
[1]
(2}
[3]
[4]
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[6]
[71
[8l
[9]
[10]
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[12]
[13]
[14]
[15]
[16]
[17]
[18]
[19]
[20j
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[23)
[24]
[25]
[26]
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�28a
[29]
[30)
[31J
(32J
[33j
[34)
�. "; .. � �� s �
•
Leased Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Term ofI.ease ................................................. 1
Rent.................................................................... 1
Landscape Scree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Primary Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
LFSSEE'S Use of Premi.ses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Operation and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Utility Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Cost and Elipense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Rightof Eutry ............................................................ 4
Tases................................................................... 4
Insurance . .................................................. 4
Cancellation or Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Notice...................................................... b
Assignment and Subletting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Maintenance and Repaus . ........................................ 6
Payments in Case of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Surrender of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Indemnity................................................... 7
Holdover.................................................... 7
Pollution and Contaminants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Co�rolling Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Destruction ................................................... 7
EventsofDefault ............................................... 8
Compliance with Laws . ......................................... 9
Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Liens....................................................... 9
EminentDomain ...............................................10
AefaultRemedies ...............................................10
Aefault of Payment• • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amended. ..................................................11
Quiet Enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Authority....................................................11
5ignature Page ................................................12
Append'ut
. �.
.
WATER TOWER SITE LEASE AGREEMENT
Between Skytel Corporation and the Boazd of Water Commissioners
This agreement is made this day of , 19_, between the BOARD OF
WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, 8 Fourth Street East, Suite 400, Saint
Paul, Minnesota 55101-1007, hereinafter called LESSOR, and
SKY'I'EL CORPORATION, 200 South Lamaz Street, Jackson, Mississippi 39201, hereinafter called
LESSEE.
In co�ideration of the terms and conditions of this agreement, LESSOR and LESSEE agree as follows:
[1] ja�i�. The LESSOR, in considention of the payment of the Basic Rent and Additional
12ent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, dces hereby lease, demise and let unto LESSEE certain areas on the LESSOR' S
properry, whose address is: 393 North McKnight Road, Saint Paul, Minnesota 55119-5307
and which is legally described as:
The west 250 feet of the east 283 feet of the south 300 feet of the north 1190 feet of the
southeast'/, of Section 35, Township 29, Range 22, of the County of Ramsey in the State of
Minnesota.
(A) These certain areas lie on the top and west side of the water storage tank located on the
property and on land adjacent to the tank. The specific area on top of the tower will be
mutually determined by the parties to the Lease. It is understood by the parties that this is a
non ezclusive L.ease and ttiat other areas on top of the LESSOR'S elevated water storage tank
and the adjacent land may be leased to other entities.
These certain areas are shown generally on attached Elchiblt "A", incorporated herein by this refer-
ence.
[2] Term of Lease. The term of this lease shall be 5 years, commencing as of the day of
, 1995, and expiring on the day of , 2000. Upon
expiration of the initial term, this lease shall automatically renew for successive periods of 5 years
unless either party serves written notice upon the other party sixty (60) days prior to the expiration
of this lease or any extension thereof. Upon expiration or termination, LESSEE shall have thirty
(30) days to remove all equipment from the demised premises and to make all necessary repairs.
[3] $g�, Rern shall consist of Basic Rem and such Additional Rent as may apply. LFSSEE shall pay
all rent in advance, on the first day of the term of the lease and on the first day of each payment
period thereafter as indicated in the Payment Schedule below:
'` 1:�
(A) �asic Rem. Based on LESSEE'S originai installations as described in E�ibit "B",
incorporated herein by reference, LESSEE shall pay to the LESSOR a yearly basic rent fee
of seven thousand, three hundred and twenty dollazs ($7,320.00) as determined by the rentai
fee schedule in EJChibit "C" incorporated herein by reference.
Any changes to the equipment proposed by the LFSSEE in Exhibit "B" shall be considered
a new insrallarion and as such shail be subject to the terms and conditions of E�chibit "C" and
Exhibit "D".
Said fee shall be payable in advance each year with the first payment due upon the execution
of this agreement. Each payment thereafter shali be due each successive year on or before the
anniversary date of this agreement.
The basic rent fee sha11 be increased annually by an amount equal to the increase in the
Consumer Price Index (CPI) as provided below. However, the rent shall not in any case
increase more than 8� per year, nor shall it ever be decreased.
The CPI shall mean the "Consumer Price Index for All Urban Consumers, All Cities, All
Items (1967 = 100)" as published by the United States Department of Labor, Bureau of Labor
Staristics or, if such index shall be discontinued, the successor index thereto or, if there shall
be no successor index, such comparable index as shall be mutually agreed upon by the parties
hereto. To determine the annual rental increase to be paid by LESSEE, the monthly rental
for the previous year shall be multiplied by a fraction, the numerator of which shall be the
CPI for the quarter immediately preceding the annual anniversary date of the Lease and the
denominator shatl be the CPI for the corresponding quarter of one year eariier. LESSOR shall
be responsible for communicating all rental incteases to LESSEE.
If this Lease is terminated at any time other than on the last day of a lease year, rent shall be
prorated, based on a three hundred sixty-five (365) day year, as of the date of termination,
and in the event of terminarion for any reason other than nonpayment of rent, all prepaid rents
shall be refunded to the LESSEE.
(B) Additional Rem. Additional Rent means al] amounts, other than Basic Rent provided for in
paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other
provisions of this I.ease. Additional Rent shall include, but is not limited to, the following
fees, costs and expenses:
(1) costs for the repairs, improvements or alterauons required to be made by the LESSEE
in pazagraph 11 of this Lease;
(2) all taYes on realty or personalty, general or special; (4) all public rates, dues, chazges
and assessments, general or special, of any kind upon the Izased Premises; and
2
s ��
(C) property insurance premium and/or uninsured losses as set forth in paragraph ('� of this
Lease.
In the event that LESSEE dces not make such payments (or any payments required to be paid
as Additional Rent), LESSOR may make the payments at its option, and the payments so paid
become Additional Rent, and are due and payable by the LESSEE with the payment of Basic
Rent next required after written notice of same to the LFSSEE by LESSOR.
LESSEE shali make all payments of Basic Rent and Additional Rent to LESSOR at the
following address:
Board of Water Commissioners, 8 Fourth Street East, Ste. 400, Saint Paul, Minnesota 55101-1007
The appiicable account number for City Finance Accounting Code is:
850-28906-5303-00010
[4J ian Sc�w_umQ. LFSSOR shall plant and maintain landscaQe screening on the noRh and west
side of LES5EE'S Building.
LESSEE shall pay to the LESSOR at the time of contract execution a one-time landscaping fee of
five hundred dollars ($500.00) as reimbursement for such screening.
[5] PrimarroUcp of '. _. The primary purpose of the Leased Premises is for a water tower and
appurtenances to provide water service to customers of the LESSOR. In the event that the use of
the tower for water service is jeopazdized because of antenna usage on the tower, the LFSSOR may
require reasonable changes in the terms and conditions of this agreement in order to prevent such
jeopardy.
[6] i,E E' Ucp of Prr i. _. The LESSEE shall use and occupy the Leased Premises for the
transmission and reception of communicadons signals authorized for use by the Federal
Communications Commission (FCC), and for the installation, operation and maintenance of its
communicatians equipment as outlined in Exhibit "B". LESSEE shall have 24 hour access to the
leased premises for purposes of installing, repairing and removing the radio equipment, provided
that LES5EE shall give advance notice to LESSOR of any installation, repair or removal, and shall
undertake such work only after receiving approval from the LE5SOR, which will not be
unreasonably witUheld. LESSEE furthez agrees not to do any act which will interfere with or
endanger the proper use of the elevated water swrage tank. LESSOR at all times reserves the right
to take action it deems necessary to maintain, repair, alter or improve the premises and to
temporazily suspend the I.ease and remove LESSEE'S antenna and equipment in order that such
work can be done.
95-1085
LESSEE shall construct the building on the Leased Premises, hereinafter referred to as the
"Building", at its own expense and for its sole use, in accordance with the plan, specifications and
site pian approved by and on file with the LESSOR, and in accordance with all applicable codes,
permits, ordinances and statutes.
['7j Operation and F.a �imm �. LESSEE shall instail, operate and maintain its equipment in
accordance with all applicable laws and regulations, and in accordance with all Technical Minimum
Site Standazds, Elchibit "D", incorporated herein by reference. LESSEE shall operate its
equipment so as not to cause interference with any other communication ffansmitting or receiving
equipment whether located on the premises or not. If LESSEE is advised that its equipment is
causing interference with other communication transmitting or receiving equipment, it shali
elicninate such interference within twemy-four (24) hours or cease using the equipment causing the
interference except for short tests necessary for the elimination of the interference. It is further
agreed that LESSOR in no way guarantees to LFSSEE noninterference to the operation of
LFSSEE'S equipment.
[8] Uti1i , Service. LESSOR will allow LESSEE, at LESSEE`S cost and eaipense, to connect its
equipment to the existing utility services. LESSEE thereafter agrees to fumish and pay for the cost
of utility service, provided that LESSEE shall aLso be responsible for ali repairs or alterarions to
utility equipment arising out of the use of the demised premises by LESSEE. LESSOR shall not be
responsible for any damage due to the interruption of urility service.
j9] Cost and Eauense. LES3EE sha11 install and maintain ail equipment at its sole cost and expense and
upon removal of said equipment, LESSEE shall be responsible for restoring the surface wherever
atiachmerns, or structuces, have been made to its original condition. The parties agree that the rad'ao
equipment shall remain the personal property of the LESSEE, and shall be kept in repair by LESSEE.
[10) R�ght o f�._•�try_, At all times during the term of this lease, ihe LESSOR shall have the right, by
itself, its agents and employees, to enter into and upon the Leased Premises dwing reasonable
business hours or, in the event of an emergency, at any time for any ]egitimate purpose.
[li] Talces•
(A) I.es�sor's TaYes. LFSSOR shall be responsible for and pay all taxes and assessments against
the Leased Premises.
(B) T FSSF.F.'c Taxes. LFSSEB shall be solely responsible for and pay all ta�es on its building
or personal properry.
[12] In��r9n�e.
(A) i FS,�F�F_.�S rncnr?.�= The LFSSEE shall acquire and maintain during the term of this lease
the following coverage:
4
,. � ,.
.
(1) The LESSEE shall be responsible for the self insurance of, or the acquisition of
Commercial Progerty Insurance on, its personal property.
(2) COMPREHENSIVE GENERAL LIABILTI'Y INSURANCE including blanket
contractual liabiliry coverage, personal injury liability coverage and broad form property
damage liability endorsement in the following amounts:
Personal Injury: $500,000.00 / each person
$1,500,000.00 / each occurrence
Property Damage: $1,000,000.00 / each occurrence
Such insurance shall: (a) name the LFSSOR and the City of Saint Paul and the Board of Water
Commissioners of the City of Saint Paul as additional insured; (b) be primary with respect to
LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground
property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an
"aggregate" policy limit unless specifically approved in writing by LESSOR.
(3) AUTOMOBILE LIABILITX INSURANCE with minimum limits of $600,000 combined
single limit and $1,000,000 aggregate, covering h'vred, non-owned and owned automo-
biles.
(4) WORKERS' COMPENSAT'ION INSURANCE with not less than statutory minimum
limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least
$100,000 per accident and with an all states endorsement.
(5) The LFSSEE shall supply to LESSOR current insurance certificates for policies reqnired
in Paragraph [12]. The said certificates shall certify whether or not the agent has errors
and omissions insurance coverage.
(6) The limits cited under each insurance requirement above establish minimums; and it is
the sole responsibility of the LESSEE to purchase and maintain additional insurance that
may be necessary in relation to this lease.
('n Nothing in this contract shall constitute a waiver by the LESSOR of any sratutory limiu
or exceptions on liability.
(8) LESSEE shali place the insurance with responsible insurance companies authorized and
licensed to do business in the State of Minnesota and approved by LESSOR, and shall
deliver copies of the policies to LESSOR on the date of LFSSEE'S execution of this
agreement. The policies required in paragraph [12] sball be endorsed to indicate that the
insurer cannot cancel or change the insurance without fust giving the LESSOR 30 days'
written notice.
9�~10�5
(B) Waiver of Subro 'on. LFSSOR waives iu right of subrogation for damage to the
Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of
insurance proceeds collected. LFSSEE waives its right of subrogation for damage to property
in the Ixased Premises, loss of use thereof, loss of income and/or accounts receivabie, up to
the amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, of the provisions of this pazagraph; and, if either
cannot waive its subrogation rights, such pazty shali immediately notify the other party, in
writing.
(13j CanceLtation or T ination. This lease shail be subject to cancellation and termination by either
party at any time during the term upon ninety (90) days written notice to the other party. In the
event of such termination, and on the effective date of such termination, I.ESSOR shall return any
unearned rental paid by the LE5SEE without interest.
[14] L�. All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LFSSOR or LESSEE, or when
made in writing and deposited in the United States Mail, certified and postage prepaid, and
addressed to the LESSEE or the LESSOR az the addresses statecl on page (1). The address to which
the notice shall be mailed may be changed by written notice given by either party to the other.
Nothing herein shali preclude the giving of such address change notice by personal service.
[15j Assi¢nmem and Subtettine. LESSEE shali not assign or sublet this L.ease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the Leased Premises.
[16j M intenance nd Repair� LFSSEE shall, at its own cost and expense, be responsible for a11
repairs, maintenance and upkeep of the Building and the LESSEE'S equipment, including but not
limited to emergency repairs of any kind, routine maintenance and repair to keep the Leased
Premises in good repair, safe and in compliance with applicahle fire, health, building and other
life-safety codes; and all repairs and maintenance needed to k�p the building in good condition.
(17] Pavme�s L Casp of Defa�lt. LESSEE shall pay LESSOR all costs and expenses, including
reasonable attomey's fees in any action brought by LESSOR to re�over any rent due and unpaid
hereunder, or for the breach or default of any of the covenants or agreements contained in this
Lease, or to recover possession of said properry, whether such action progresses to judgment or
not.
[18] S►�'+'E'n r of Premicec, The LESSEE, at the e�irarion of said term, or any sooner termination
of this lease, shall quit peacefully and sunender possession of said property and its appurtenances
to LESSOR in as good order and condirion as the property was delivered to the LESSEE.
•. 1
.
[i9] III�itX� The LESSEE agrees to indemnify, defend, save and hold harmless the LFSSOR and
the City of Saint Paul and any agents, officers and employees thereof from ali claims, demands,
actions or causes of action of whatsoever nature or character, arising out of or by reason of the
L.ease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or
condition of the Leased Premises or as a result of the operations or business activities taking place
on the Ixased Premises. It is fully understood and agreed that LE5SEE is awaze of the conditions
of the Leased Premises and leases the same "as is. "
(20] Holdover• Any hoidover after the expiration of the term of this Lease shall be allowed onty after
receiving the written consent of the LFSSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
[21] pollution and Contaminants. LFSSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all
liability, including without limitation, fines, forfeitures, and penalties azising from the failure by
LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to
perform cleanup and charge the LESSEE as Addirional Rent for such costs should the LESSEE fail
to comply.
[22] .ontrol in� .�acp. In the event there is any prior existing lease or rental agreement between
LFSSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and
understoal that this Izase shall cancel and termimte any prior leases or rental agreements as of the
effective date of this lease.
(23] 1�4� In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable due to such damage during the term of this Lease, LESSOR may
at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LFSSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty, charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Addirional Rent; or
95-1085
(C) may direct that LESSEE prompfly restore the Lzased Premises to substantially the condition
e�sting immediately prior to such damage or desiruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shall make available to
I.ESSEE pro-rata, as work progresses, the net proceecls of such insurance. If such proceeds
aze insu�cient to pay the entire cost thereof, LESSEE agrees to pay as Additionai Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) � to the remainder of such
cost.
The Basic Rents to be paid during the restoration period shall be abated in proponion to the
percentage of loss and impairment of the use of the Leased Premises as determined by the
LESSOR, umes the number of days of loss or impairn►ent.
[24j Fventc of i_�faLlt. The occurrence of any of the following events during the term of this Lease
shall constitute an event of default by the LESSEE:
, (A) the fiting of a petition to tiave LFSSEE adjudicated banlQUpt or a petition for reorganizaxion
or azrangement under any laws of the United States relating to banlavptcy filed by LESSEE;
(B) in the event a petition to have LFSSEE adjudicated bankrupt is filed against LESSEE, the
failure to dismiss such petitioa within ninety (90) days from the date of such filing;
(C) the assets of LFSSEE or of the business conducted by LFSSEE on the L.eased Premises be
assumed by any trustee or other person pursuantto any judicial proceedings;
(D) LESSEE makes any assignment for the benefit of creditors;
(E) the failure by LESSEE to timely pay Basic Rern or Additional Rent as required by this L,ease;
(F) the failure by LESSEE to observe and perform any wvenant, condition or agreement on iu
part to be observed or performed as required by this Lease; or
(G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement
filed or recorded against the L.eased Premises within siety days after the date of such filing
or recording, whichever date is earlier.
Either the LESSOR or the LESSEE shall have the right to terminate this lease at any time if either
party defauits in any material covenant, term or condition of I.ease, provided however, that the
injured party shall first give thirry (30) days notice to LESSOR of such default, providing the other
party with an opportunity to cure such default during the said thirty (30) day period.
95-�085
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its
election, terminate this Lease in the event of the occurrence of any of the events described in this
pazagraph or in pazagraph [27] (relating to liens) by giving not less than ten days' written notice
to LES5EE; and when so terminated, LESSOR may reenter the L.eased Premises. This I.ease and
its Ix,ased Premises shall not be treated as an asset of LESSEE'S estate. It is ftirther expressly
understood and agreed that LFSSOR shall be entided upon such reentry, notwithstanding any other
provision of this Lease, to exercise such rights and remedies as are provided in Paragraph [29� of
this Lease.
[25� �omu ;�*� with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the prapeny to
comply with all laws, rules, regularions or ordinances imposed by any jurisdiction affecting the use
to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any
of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay
the rental provided herein.
[26] Non-Diccrimination. The LESSEE for itself, its personal representatives, successors in interest
and assigns, as a part of the consideration hereof, dces hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of race, sex, color creed, religion, age, disabiliry, marital status,
status with respect to public assistance or national origin or ancestry shall be excluded from
participating in, be denied the benefits of or be otherwise subjected to discriminauon in the
use of said facilities;
(B) that in connection with the construcdon of any improvements on said lands and the furnishing
of services thereon, no discriminarion shail be practiced in the selection of employees and con-
tractors, by contractors in the selection and retention of first tier subcontractors, and by
fust-tier subcornractors in the selection and retention of second-tier subcontractors;
(C) that such discrimination shall not be practiced against the public in its access in and use of the
facflities and services provided for public accommodations (such as eating, sleeping, rest and
recreation) constructed or operated on the Leased Premises; and
(D) that the LE5SEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
[2'Tj Ia�� The LESSEE shall not permit mechanic's liens or other liens to be filed or established or
to remain against the I.eased Premises for labor, materials or services furnished itn connection with
any additions, modifirations, improvements, repairs, renewals or replacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of
iu intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equal to the amount oflthe claim of lien,
LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established
0
. �,
.
and in such event may permit the items contested to remain undischazged and unsatisfied during
the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items
subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to
use the escrow account to prompfly pay all such unpaid items and if LESSEE fails to pay from the
escrow account, the LESSOR may pay and chazge the LESSEE as Additional Rent.
[28] F.mir�ut Doma;n. In the event the entire Leased Premises aze taken by eminent domain, or such
portion thereof is so taken that in LESSEE'S reasonabie judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE
may terminate this Lease by giving to LESSOR thirty days' written norice of termination, effective
as of the date on which the condemning authority acquires legal title or physical possession of the
Leased Premises. LESSEE hereby waives and releases any claim to or share in the Award of
Compensation for the taking, notwithstanding any other provision of law, this I.ease or any other
agreement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding,
remove its own trade fixtures at its own expense.
[29] Defanit Remedies. In the event an Event of Default occurs under paragraph [24} of this Lease,
LESSOR may exercise any one or more of the following remedies:
(A) reenter and take possession of the Premises without termination of this Lease, and use its best
efforts to L,ease the Premises to or enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exciude LESSEE from possession of the Premises, and use its best efforts
to lease the Premises to or enter into an agreement with another in accordance with applicable
law;
(C) exciude LESSEE from possession of the Premises, with or without terminating this I.ease and
operate the Premises itself;
(D) terminate the L.ease, exclude LESSEE from possession of the Leased Premises, sell all or any
part of the Premises at the best prioe obtainable (provided such sale is permitted by applicable
law,) such sale to be on such terms and condirions as the LESSOR, in its sole discretion, shall
determine and apply the proceeds of such sale less any expenses thereof for the account of the
LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appear necessary or appropriate to collect the
Basic Rent and Addirional Rent then due and thereafter to become due, or to enforce perform-
ance and observance of any obligation, agreement or covenant of the LESSEE under this
I.ease.
10
�5-10�5
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hold the LESSEE liable for the difference between the payments
and other casts for which the LFSSEE is responsible under this I.ease.
No remedy herein co�erred upon or reserved to LESSOR is intended to be exciusive of any other
available remedy or remedies, but each such remedy shall be cumulative and shall be in addition
to every other remedy given under this I..ease or now or thereafter existing at law or in equity by
stawte. No delay or omission to exercise any such right or power accruing upon any default shall
impair any such right or powez or shall be conslrued to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be d�med expedient. In order to
emitle the LESSOR to exercise any remedy reserved to it in this Provision, it shali not be necessary
to give any norice, otherthan such norice as may be herein expressly required.
[30] Default of Pa�ern. LESSEE agrces that, should it default on any payment owing and due to be
paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and
Additional Rent, then the remaining u�aid balance shall, at the option of the LESSOR, immed-
iately become due. LESSEE further agrees that the LESSOR may, at its option and without notice
to LESSEE, enter judgment against LFSSEE in Ramsey County District Court for the amonnt of
the u�aid balance. And LESSEE does hereby wnfess judgment in the amount of the unpaid bal-
ance due upon default, and dces authorize the LESSOR to enter judgment as provided above.
LESSEE dces hereby agree that the LESSOR, at its option, may enter a judgment, at any time
within o� year of the time the last payment shall have come due, for the full amount of the unpaid
balance due pwsuant to the confession of judgment provided herein.
[31) Alterations. The LESSEE will not make any alterations to the premises without the written
consem of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to
make any such alterations, an accurate description shall first be suhmitted to and approved by the
LESSOR and such alterations shall be done by the LESSEE at its own elcpense. All such work
shall be performed under the LESSOR'S supervision and any improvements made to the Leased
Premises at the LFSSEE'S expense shall become the property of the LFSSOR at the end of the
lease period. LFSSEE agrees that all alterations will be done in a worlananlike manner and in
conformance with applicable buiiding codes, that the structurai integrity and buiiding systems of
the building will not be impaired, and that no liens will attach to the premises by reason thereof.
[32] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Ixase may be, in writing, amended by mutual consent of the
parties herein.
[33] ��ipt .' at. LESSOR covenants and agrees with LESSEE that upon LESSEE'S paying the
rent and observing and performing all the terms, covenants and conditions on LESSEE'S part to
be observed and performed, LESSEE may peacefully and quietly enjoy the premises, subject
nevertheless to rhe terms and condirions of this Agreement.
[34] Authoritv The individuals signing this Agreemern on behalf of a party represent and warrant they
aze fully empowered to act on behalf of said entities. Furthermore, both parties are fully
empowered to execute, deliver and perform the vazious obligations under this Agreement.
il
95-�a$�
IN WITNESS WHEREOF, The parties hereto have set caused this Agreement to be executed on their
behalf as of the day and year fust above written.
BOARD OF WATER COMNII3SIONERS
OF THE CITY OF SAINT PAUL
Recommended for approval:
General Manager
Form Approved:
Assistant City Attorney
STATE OF MINNESOTA )
) ss
COUNTY OF RAMS�Y )
By iis Presidem
By iu Secretary
The foregoing instrumera was ack�wledged before me this _ day of _, 1995, by Dino Guerin, President, and
Janet M. Lindgren, Secretary, on behalf of the Boazd of Water Commissioners of the City of 5aini Paul.
Notazy Public
12
95-10$5
CTTY OF SAINT PAUL
By iGS Mayor
By its Ciry Clerk
By its D'uector, Depazpnent
of Finance and Manageme� Services
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
) ss
The foregoing instrument was acknowledged befoie me ttus _ day of 1995, by Norm Coleman, Mayor, on
behalf of the City of Saint Paul.
Notary Public
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
) ss
"Ihe foregoing inslxument was aclmowledged before me this ! day of , 1995, by Fred Owusu, City Clerk, and
Martha I.arson, Director of the Department of Finance and Management Services, on behatf of the City of Saint Paul.
Notary Public
13
9�-1085
SKYTEL CORPORATION
By its Manager
Its Vice President- and
Corporate Procurement Officer
STATE OF MISSISSIPPI)
) ss
COUNTY OF )
The foregoing inshument was ac3mowledged before me t}us ` day of ,1995, by Dudley G. Norman, Manager-
Site Administration, and John Nikolic, Vice Presldent and Cocporate Prceurement Officer, on behalf of Destineer
Corporation.
Notazy Public
14
BRUNIN6 4b5253
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Zso'
DR. ��' TR.
cH.
APPROVED
WATER UTILtTY - CITY OF ST. PAUL, MINN.
TI�c.Kv..�l..{ Rd. S-tawdP:Pa
�..F�SE. S lrE.
,L.�/ e., •
� � � � � � �
�r,.teway �
�
�
1 �
( 'o % J
o l
r'� ?
�
J
�
STA �tAP' � PE
SCAIE
G�1
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_ ��_ �=�Exfiibit "A°
�--__ ..- _,_ . ��
, �:
Skytet Corporation
Lease Site Equipment and Operating Frequency Band List
Two separate 500 watt transmitteis operating on the 931.9375 MHz or the 931.4375
MHz frequency band, but not more than one frequency or transmitter at one time, with
two Kathrein Omnidirectional antennas using 1 coaxia] cable.
One comer reflector antenna utilizing the 900 ME3z frequency band using'/ waxiai
cable.
Any changes to the above equipment proposed by the LESSEE shali be considered a new
instailation and as such shall be subject to the terms and conditions of Exhibit "C" and
E�ibit "D".
S� ,,�,,,�5 Exhibit "B"
ST. PAUL WATER UTILITY
RADIO ANTENNA SITE MONTHLY LEASE RATES
For Year 1995
Single User:
Community Repeater:
Multi-Use Antenna
Radio Common Carrier (RCC)
800 MHZ Trunking System
& E-SMR:
Microwave I}ish:
CONSULTANT REVIEW FEE:
Single User, Cellulaz
or Trunking:
E-SMR:
Yearly increases will be based on CPI.
ANRAIEC.EXI-I Augus[4, 1995
1995
$170.00
$24Q.00
$280.00
$50.00/mo. ea Transmitter
$50.00/mo.ea. Receiver
$50.00/mo.ea. Antenna
$50.00/mo.ea. Standard 2'x2'
Floorspace
$350.00
$325.00 per frequency pair
$1,025.00 per applicarion
� ;. ,.. �' !L -
• �
Exhibit nV��
,� { i
TECHNICAL MINIMUM SITE STANDARDS
St� Panl Water Utility Water Tower Commnnications Site
1. All equipment must be housed in an RF right, metal encloswe that provides at least 60 db
of attenuation to any inYeraal RF signals. Desk-top base stations and open racks cannot be
used without special approval. Addirional shieiding kits may be required.
2. At least 60 db of isolation for 450 MHZ, 800 MI3Z and 900 MHZ transmitters and 30 db of
isolation for 150 MHZ and 40 MHZ hansmitters must be provided. A harmonic filter must
be provided on the transmiuers between the antenna and any ferrite device used. Additional
filtering anci isolation may be required and will be considered on a case-by-case basis.
Masimum transmitter power allowed into the antemma feed line sha11 be 110 watts per
transmitter. (Higher power levels will be considered on a case-by-case basis. Addirional
protective devices may be required.)
4. Only jacketed copper Helias cable shall be permitted for transmission line at the site. Ali
on-site intercabling must use RG/9, RG/142, RG/214 or 1/2 inch Superflex. RG/8 or any
other single shielded cable wili not be allowed.
Proposed transmiuers that wiil 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 exisring second order, third order or fifth order intermodulation
product at the site, will not be permitted on the site.
150 MHZ band:
450 MHZ band:
800/900 MHZ band:
Microwave:
50 db at 1 MHZ
50 db at 1.5 MHZ
50 db at 2.5 ME�7Z
50 db at 10 MI3Z
50 db at 20 MHZ
Exhibit "D"
— - rsrwxn.� a„�a, iv�s
6. All transmitters shall be equipped with band-pass cavities that will provide at least
the foliowing attenuarion of side band noise, if needed:
40 MT�Z band:
1 of 2
�,
MINIMUM SITE STANDARDS - Continued
• {�-
7. Each cabinet must be idenrified by the owner's name, address, FCC station license number
and the name and telephone number of the responsible service agency.
8. Psior to approving any application for antenna space at the site an engineering study will be
prepared by the Engineer for the St. Paul Water Utility consisting of at least the foilowing
items:
a. Intermodularion interference (Il� calculations of all transmitters and receivers
known to exist in the azea at rime of application. (Study will include 2nd, 3rd and
Sth order IM terms, and A+ g- C, three-product terms.)
Analysis of best equipment and antenna locarions at the site.
Analysis of AC power requirements.
Report to prospective site user regarding application.
9. Plan and specifications to secure equipment to the tower must be submitted to and approved
by the Water Utility prior to installation.
- End -
-� 2of2
TSTAND.EXEI Angiut 4.1995
b.
c.
d.
e.
Transmitter noise and receiver desensing caicularions of all equipment at ihe site.
Exhibit "D"
��i�����
� � City of St. Paul
Resolution Approving Assessment
and Fixing Time of Hearing Thereon
and Fixing Time of Hearing on the Award
of Damages
In fhe matter of
Voting
Ward
under
Final
The
for the t
also havi�
xESC�
of the awatl
Chamber, il
Octoberi
he is direcd
COLNCt
Yzas
�ake
✓Grimn
✓Gueri
�rris
�gard
✓��ttman
��Thune
COUNCIL FILE N0. `� � O
B . i ag
File No.
Widen White Bear Avenue by condemning and taking permanent right-
of-way £rom Conway Avenue to Fremont Avenue described as follows:
A perpetual easement for street purposes over, under and across all
that part of the vacated alley, Lot 1 and Lot 30, B1ock 4,
Bunde's Park Addition to Saint Paul lying easterly of the £ollowing
described line:
Beginning at a point on the south line of said Lot 30 distant 33.00
feet westerly o£ the east line o£ the t3ortheast Quarter o£ Section
34, Township 29 North,�Range 22 West of the 4th Principal Meridian;
thence northerly to a point 30.00 £eet northerly of the south line
of said Lot 1 and distant 39.00 feet westerly from the easC line o£
said Northeast Quarter; thence northerly parallel with the east
line of said Northeast Quarter to the intersection with the north
line of said Lot 1, Block 4 and said line there terminatinq.
Except that part of Lot 1, said Block 4 taken £or the widening o£
Third Street. Also except that part of the above described
property taken for the opening of White Bear Avenue by Ramsey
County commissioners on September 7, 1&&5.
Toqether with all that part of vacated Conway and Lot 11, Block 10,
Robert L. Ware's Eastern Heights lying easterly of White Bear
Avenue and lying westerly of the following described line:
Beginning at the intersection of the east line of White Bear Avenue
with the south line o£ Conway Street as dedicated in the recorded
plat of Hudson Road Gardens; thence northerly to a point 108.30
feet north of the south line o£ Lot 11, Block 10, Robert L. Ware�s
Eastern Heights and distance 6.00 feet easterly o£ the west line of
said lot� thence northerly and parallel with the west line of said
lot to the intersection with the north line of said lot and said
line there terminating. Except that part o£ said lot taken £or
the widening o£ Third Street. Also subject to easements of record
across vacated Conway Street.
Together with the south 120.00 £eet of Lot 11, Block '7,
Robert L.Ware's Eastern Heights lying westerly of the following
described line;
Beginning at a point on the south line o£ said Lot 11, Block 7,
distant 6.00 feet easterly from the west line o£ said lot, thence
northerly, parallel with the west line of said lot to a point
distant 169.92 feet south of the north line o£ said Lot 11, Block
7; thence northerly to a point on the north line of said Lot 11
distant 1.80 feet easterly £rom the west line of said lot and said
line there terminating. Except that part o£ said Lot 11, Block 7,
taken £or the widening of Third Street.
s awarded
yable; and
foze be it
nfirmahon
he CouncIl
_ day of
ice be and
Also, condemning and taking easements for slopes, cuts and £ills ��q�
including right of removal of lateral support Prom subject land or �
remainder thereo£, occasioned by excavations thereof or
construction oY slopes in the grading and paving o£ White Bear
Avenue from Conway Street to Fremont Avenue.
i � Against _ 7(�(
� Mayor
conndt Fila � �_— /085
I! FC �����. i E.; t Green Sheet r 2 S88 �
`� � ` � � � � �� `- RESOLUTION
C17Y OF SA1NT PAUL, MINNESOTA a�
PYesented By
Referred To
Committee: Date
WHEREAS, Skytel Corporation desires to lease space at the
McKnight Road Standpipe site on McKnight Road at Wilson
Avenue in Saint Paul, Minnesota, said site owned and
operated by the Saint Paul Board of Water Commissioners,
hereinafter rePerred to as the °`BOard"; and
WHEREAS, Board staff has prepared the attached lease
agreement which provides for a five-year lease starting at a
one-year lease rate of $7,320 and increasing each subsequent
year at a rate equal to the Consumer Price Index; and
WI3EREAS, The Board did adopt Board Resolution No. 4380 which
approved said lease agreement; now, therefore, be it
RESOLVED, That the attached lea5e agreement between the City
of Saint Paul, the Saint Paul Board of Water Commissioners,
and Skytel Corporation is hereby approved and that the
proper officers are hereby authorized to execute said lease
agreement on behalf of the City of Saint Paul.
Requested by Department of:
Adopted by Conncil: Da[e�� l�{ q S
Adapiion Certified bv Council Secretary
By.
° PI
3y:
Water Utility
By. L�� � ���
Bernie R. Bullert - General Manager
Water Ut
Bernie Bullert - 66274
FON
95- togs
GREEN SHEET �° 33449
INSTIAt/DATE 1NiT1AVDATE
�EPARTMENT DIRECTOR � G�TV COUNdL
CRYATTORNEV O C�TY CLEftK
BUDGEf OIRECTOR O FIN. & MGT. SERVICES OIR.
MAYOR i0A ASS15TAN"n O
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
City Council approval of resolution concurring with action taken by the Board of Water
Commissioners in executing the attached agreement which leases space at the MeKnight
Road Standpipe site to Skytel Corporation for the installation and operation of commun
Approve (A) or Rej¢ct (R)
_ PLANNING COMMISSION __ CIVIL SEFVICE
_ CIB COMMITTEE _
_ STAFF _
, DISTRICT COURT _
$UPPORTS WHICH CWNCIL OBJECTIVE?
9/1/95
PERSONAL SERVICE CONTRACTS MUSTANSWEH TME FOLLOWINCa QUESTIONS:
1. Has ihis personlfirm ever wotked undei a contract for this departmeM? �
YES NO
2. Has this person/Frm ever been a city employee?
YES NO
3. Does this person/firm possess a skili not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet antl attach to green sheet
ISSUE, OPPORTUNIN (WFw, Whal, When, Where, Why)�
The Board of Water Commissioners has the opportunity to receive revenue by leasing space
at its waYer tower site on McKnight Road at Wilson Avenue.
Board of Water Commissioners will receive a yearly revenue.
IF NOT APPROVED�
.SCG �..s'. 7P�d`i�
� � — -� ♦
TOTAL�AMOUNT OF TRANSACTION
FUNDIIYG SOURCE
FINANCIAL INFORMATION: (EXPLAIN)
COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
AC7IVITY NUMBER
c�rr oF sr. r�u�
O�FiCE OF THE BOARD Of WATER COMMISSIONERS
RESOLt1S10N — 6ENERAL f-0RM
N 4380
PRESErtrEO �Y RettmaII pA � AuguSt 14, 1995
COMMISSION Tt-
95-1085
WHEREAS, Skytel Corporation desires to lease space from the
Board of Water Commissioners on its McKnight Road Standpipe
site on McKnight Road at Wilson Avenue in Saint Paul,
Minnesota, and on the Standpipe itself to install and
operate paging communication equipment; and
WHEREAS, The Skytel Corporation desires to share certain
leased space with the Destineer Corporation; and
WHEREAS, The Board did adopt a Water Tower Site Leasing
Policy on July 1�, 1945, which allows such space leasing and
imposes certain conditions on such leasing; and,
WHEREAS, Staff has prepared the attached lease agreement
which complies with all conditions of the Water Towex Site
Leasing Policy and provides for a£ive-year lease starting
at a one-year lease rate of $7,320 and increasing each
subsequent year at a rate equal to the Consumer Price Index;
and
WHEREAS, The General Manager of the Water Utility, Mr.
Bernie R. Bul].ert, recommends Board approval of the attached
lease aqreement; now, therefore, be it
Watez Commissioners
Yeas
Nays
Adopted by the Board of Water Commissioners
19_
In favor__ Oppose�
SECY.
CITY OF 5T. PAUL
OfFCE OP THE BOARD Of WATER COMMiSSIONERS
RESOLUTION - 6ENERAL FORM
Na 4380
PRESENTED Bv Rettman August 14 1995
COMMISStONER DATP --
95-1Q85
RESOLVED, That the attached lease agreement between the
Board of Water Commissioners and Skytel Corporation is
hereby approved and that the proper of£icers are hereby
authorized to execute said lease agreement or_ behalf of
the Board; and, be it
EURTAER RESOLVED, That $6,00�.�0 of the first year's lease
fee shall be applied towards landscape improvements on the
McKnight Road Standpipe site.
Water Coaunissioners
Yeas
Arcand
Harris
�ice PXesident Rettman
President Guerin
Nays
Adopted by the Board of Water Commissioners
AuQUSt 14, lg�
In favor!+ � Opposed � � �
SECY.
SAINT
PAUL
,�
�
i.;
wa�sc
un�rrv
SAINT PAUL WATER UTILITY
WATER TOWER SITE LEASE AGREEMENT
Between
Board of Wa#er Commissioners
�'
Skytel Corporation
95-10�5
August 1995
WATER T�WER SITE LEASE AGREEMENf
Between the Board of Water Com�uissioners and Skytel Corporarion
TABLE OF CONTENTS
[1)
[Zl
(3]
(4]
[5]
I�l
[�l
[8}
[9]
[10]
[l lj
I lZl
[13]
[14]
(15]
Li�]
[l7j
[i8}
(19]
[20l
[21]
[22l
[23)
[241
I251
[26j
�27}
[28l
(29]
[30]
[31]
L327
[33j
[34]
��'�.o��
Leased Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Term ofLease ................................................. 1
Re.nt .................................................................... 1
I.andscape Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Primary Use of Premiscs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
I.ESSEE'S Use of PremisQS . . . . . . . . . . . . . . . . . . • • • . . . . . . . . . . . . . . . . . . . 3
Operation and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Utility Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CostandEapense . ............................................. 4
Rightof Entry ............................................................ 4
Taxcs................................................................... 4
Insurance. .................................................. 4
Cancellation or Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Notice.......................................•--••.......... 6
Assignment and Sublettiug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Maintenance and Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Payments in Case of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Surrender of Prewisrs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Indemnity................................................... 7
Holdover.................................................... 7
Pollution and Contanunants ....................................... 7
Comrolling Lease . ............................................. 7
Destrudion ................................................... 7
EventsofDefault ............................................... S
Compliance with Laws . ......................................... 9
Non-Diccrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Liens ....................................................... 9
Eminem Domain ...............................................10
DefaultRemedies ...............................................10
Default of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • . . . . . . . . . . . 11
Alterations. . . . . . . . . . . . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amended. ..................................................11
QuietEnjoymeut ..............................................11
Authority....................................................11
SignaturePage ................................................12
AppendiY
95�10�5
WATER TOR'ER SITE LEASE AGREEMENT
Between Skytel Corporation and the Board of Water Commissioners
This agreement is made this day of , 19_, between the BOARD OF
WATER COMMISSIONERS OF TF� CITY OF SAINT PAUL, 8 Fourth Street East, Suite 400, Saint
Paul, Minnesota 55101-1007, hereinafter called LESSOR, and
SKYTEL CORPORATION, 200 South Lamaz Street, Jackson, Mississippi 39201, hereinafter called
LESSEE.
In consideration of the terms and conditions of this agreement, LESSOR and LESSEE agree as follows:
[1] j�j�. The LESSOR, in consideration of the payment of the Basic Rent and Additional
Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, dces hereby lease, demise and let unto LESSEE certain azeas on the LESSOR' S
property, whose address is: 393 North McKnight Road, Saint Paul, Minnesota 55119-530?
and which is legally described as:
The west 250 feet of the east 283 feet of the south 300 feet of the north 1190 feet of the
sout�east'1 of Section 35, Township 29, Range 22, of the County of Ramsey in the State of
Minnesota.
(A) These certain areas lie on the top and west side of the water storage tank located on the
property and on land adjacent to the tank. The specific area on top of the tower will be
mutually determined by the parties to the Lease. It is understood by the parties that this is a
non�xclusive Lease and that other areas on top of the LESSOR'S elevated water storage tank
and the adjacent land may be leased to other entities.
These certain azeas are shown generally on attached Exhibit "A", incorporated herein by this refer-
ence.
[2] Term of Lease. The term of this lease shall be 5 years, commencing as of the day of
, 1995, and expiring on the day of , 2000. L3pon
e�iration of the initial term, this lease shall automatically renew for successive perials of 5 years
unless either party serves written notice upon the other party sixty (b0) days prior to the expiration
of this lease or any extension thereof. Upon expiration or terminadon, LESSEE shall have thirty
(30) days to remove all equipment from the demised premises and to make all necessary repairs.
[3] $gg�, Rent shail consist of Basic Rent and such Additional Rent as may appiy. LESSEE shall pay
all rent in advance, on the first day of the term of the lease and on the first day of each payment
period thereafter as indicated in the Payment Schedule below:
95-�OS�
{A) Basic Re�. Based on LESSEE'S originai installations as described in Exhibit "B",
incorporated herein by reference, LESSEE shall pay to the LESSOR a yearly basic rent fee
of seven thousand, three hundred and twenty dollars ($7,320.00) as determined by the rental
fee schedule in Er.hibit "C" incorporated herein by reference.
Any changes to the equipment proposed by the LFSSEE in E�ibit "B" shall be considered
a new installation and as such st�all be subject to the terms and conditions of E�ibit "C" and
Exhibit "D".
Said fee shall be payable in advance each year with the first payment due upon the execution
of this agreemern. Each payment thereafter shall be due each successive year on or before the
anniversaty date of ihis agreement.
The basic rent fee shal! be increased annually by an amount equal to the increase in the
Consumer Price Index (CPI) as provided below. However, the rent shall not in any case
increase more than 8% per year, nor shall it ever be decreased.
The CPI sfiall mean the "Consumer Price Index for All Urban Consumers, All Cities, All
Items (1967 = 100)" as published by the United Srates Deparnnent of Labor, Bureau of Labor
Statisrics or, if such index shall be discontinued, the successor index thereto or, if there shall
be no successor index, such camparable index as shall be mutually agreed upon by the parties
hereto. To determine the annuai rental increase to be paid by LFSSEE, the monthly rentai
for the previous year shall be multiplied by a fraction, the numerator of which shall be the
CPI for the quarter immediately preceding the annual anniversary date of the Lease and the
denomimtor shall be the CPI for the conesponding quazter of one year earlier. LESSOR shall
be responsible for communicating all rental increases to LESSEE.
If this Lease is terminated at any time other than on the iast day of a lease year, rent shall be
prorated, based on a three hnndred sixry-five (365) day year, as of the date of termination,
and in the event of termination for any reason other than no�ayment of rent, all prepaid rents
shall be refunded to the LESSEE.
(B} Additional Rern. Additional Rent means all arnounts, other than Basic Rent provided for in
paragraph (4A) above, that LE5SEE shall be obligatecl to pay under this paragraph or other
provisions of this Lease. Additional Rent shall include, but is not limited to, the following
fees, costs and expenses:
(1} costs for the repairs, improvemenu or alterations required to be made by the LESSEE
in pazagraph 11 of this Lease;
(2) ali taxes on realty or personalty, general or special; (4) ali puhlic rates, dues, charges
and assessments, general or speciai, of any kind upon the Leased Premises; and
95�iQ85
(C) property insurance premium and/or uninsured losses as sei forth in paragraph ('n of this
I.ease.
In she evem that LFSSEE dces �t make such paymenu (or any payments required to be paid
as Additiomal Rent), LESSOR may make the payments at its option, and the payments so paid
become Additioml Rent, and are due and payable by the LESSEE with the payment of Basic
Rent next required after written notice of same to the LESSEE by LFSSOR.
LESSEE shall make all payments of Basic Rent and Additional Rent to LES50R at the
following address:
Board of Water Commissioners, 8 Fourth St�reet East, Ste. 400, Saim Paul, Minnesota 55101-10(YI
The applicable account number for Ciry Finance Accounting Code is:
850-28906-5303-00010
[4) • LESSOR shali plant and maintain landscape screening on the north and west
side of LESSEE'S Building.
LESSEE shall pay to the LESSOR at tha time of conYract execudon a one-time landscaping fee of
five hundred dollars ($500.00) as reimbursement for such screening.
[5] �y Use nf Premises. The primary purQose of the Leased Premises is for a water tower and
appurtenances to provide water service to customers of the LESSOR. In the event that the use of
the tower for water service is jec�ardized because of antenna usage on the tower, the LESSOR may
require reasonable changes in the terms and conditions of this agreement in order to prevent such
jeopardy.
[6] I. . S.'S ce �f Pre �cPC. The LESSEE shall use and occupy the Leased Premises for the
transmission and reception of communications signals authorized for use by the Federal
Communications Commission (FCC), and for the installation, oQeration and maintenance of its
communications e.quipment as oudined in Exhibit "B". LESSEE shall have 24 hour access to the
leased premises for gurpases of installing, regairing and removing the radio equipment, provided
that LESSEE shall give advance notice ro LESSOR of any instailation, repair or removal, and shall
undertake such work only after receiving approval from the LFSSOR, which will not be
unreasonably withheld. LESSEE further agrees not to do any act which will interfere with or
endanger the proper use of the elevated water storage tank. LFSSOR at ali times reserves the right
to take action it deems necessary to mainrain, repair, alter or improve the premises and to
temporarily suspend the L.ease and remove LESSEE'S antenna and equipment in order that such
work can be done.
95�1085
LESSEE shall construct the building on the Leased Premises, hereinafter referred to as the
"Building", at its own expense and for its sole use, in accordance with the plan, specifications and
site plan approved by and on file wSth the LFSSOR, and in accordance with all applicable codes,
permits, ordinances and statutes.
(7j Cloeration nd .q�ipme�• LESSEE shall install, operate and maintain its equipment in
accardance with all aQplicable laws and regulations, and in accordance with all Te�hnical Minimum
Site Standards, E�ibit "D", incorporated herein by reference. LESSEE shall operate its
equipment so as not to cause interference with any other communication transmitting or receiving
equipment whether located on the premises or not. If LESSEE is advised that its equipment is
causing interference with other communication transmitting or receiving equipment, it shall
elimimte such interference within twenty-four (24) hours or cease using the equipment causing the
interference except for short tests necessary for the elimination of the interference. It is further
agreed that LESSOR in no way guarantees to LESSEE noninterference to the operation of
LFSSEE'S equipment.
[Sj Utilitr Service. LESSOR will allow LESSEE, at LESSEE'S cost and expense, to connect its
equipment to the existing utility services. LESSEE thereafter agrees to furnish and pay for the cost
o£ urility service, pmvided that LESSEE shall also be responsible for all repairs or aiterarions to
utility equipment arising out of the use of the demised premises by LESSEE. LESSOR shall not be
responsible for any damage due to the interruption of urility service.
(9j Cost and Espgnse. LESSEE shall install and maintain ali equipment at its sole cost and expense and
upon removal of said equipment, LESSEE shall be responsible for restoring the surface wherever
attachments, or struchues, have been made to its original condition. The parties agree that the radio
equipment shall remain the petsonal properry of the LESSEE, and shall be kept in repair by LESSEE.
(10] Ri;ht of Emrv. At all times during the term of this lease, the LESSOR shall have the right, by
itself, its agents and employees, to enter into and upon the Leased Premises during reasonabie
business hours or, in the event of an emergency, at any time for any legitimate purpose.
[ll] Taxes•
(A) I.essor's Ta�es. LESSOR shall be responsible for and pay all tases and assessments against
the Leased Premises.
(B) i FS4EE'c Taices. LE5SEE shali be solely responsible for and pay all taxes on its building
or personal property.
j12] inanrance_
(A) i FSRF.F.'S incnranc�= The LESSEE shall acquire and maintain during the term of this lease
the following coverage:
95�108�
(1) The LESSEE shall be responsble for the self insurance of, or the acquisition of
Commercial Property Insurance on, its personal property.
(2) COMPREHENSIVE GENERAI. LIABILITY INSUItANCE including blanket
contractuai liability coverage, personal injury liability coverage and broad form properry
damage liability endorsement in the following amounis:
Personal Injury: $So0,000.00 / �ch person
$1,500,000.00 / each occurrence
Property Damage: $1,000,000.00 / each occurrence
Such insurance shall: (a) name the LFSSOR and the City of Saint Paul and the Board of Water
Commissioners of the City of Saint Paul as additional insured; (b) be primary with respect to
LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground
property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an
"aggregate" policy limit unless specifically approved in writing by LESSOR.
(3) AUTOMOBILE LIABILTTY INSURANCE widi minimum limits of $600,000 combined
single limit and $1,000,000 aggregats, covering hired, non-owned and owned automo-
biles.
(4) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum
limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least
$100,(300 per accident and with an ail siates endorsement.
(5) The LESSEE shall supply to LESSOR current insurance certificates for policies required
in Paragraph [12]. The said certificates shall certify whethex or not the agent has enors
and omissions insurance coverage.
(6) The 3imits cited under each insurance requirement above establish minimums; and it is
the sole responsibdity of the LESSEE to purchase and maintain additional insurance that
may be necessary in relation to this lease.
("n Nothing in shis contract shall constitute a waiver by the LFSSOR of any statutory limits
or exceptions on liability.
(8) LESSEE shaii place the insurance with responsibie insurance companies authorized and
licensed to do business in the State of Minnesota and approved by LESSOR, and shail
deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this
agreement. The policies required in paragraph [i2) shall be endorsed to indicate that the
insurer cannot cancel or change the insurance without first giving the LE5SOR 30 days'
written notice.
9�-1085
(B) Wa�ver of Snbrngation. LFSSOR waives its right of subrogation for damage to the
Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of
insurance procceds collected. LESSEE waives its right of subrogation for damage to property
in the Ixased Premises, loss of use thereof, loss of income and/or accounts receivable, up to
the amoum of their respective insurance proceeds collected. The parties shall norify their
respective insurance com�ani�s, in writing, of the provisions of this paragraph; and, if either
cannot waive its subrogation rights, such par[y shall immediately norify the other party, in
writing.
[13j *� la+;un or Te*�+in�on_ This lease shall be subject to cancellation and termination by either
party at any time dwing the term upon ninery (90) days written notice to the other party. In the
event of such terminaUOn, and on the effective date of such termination, LESSOR shall return any
unearned rental paid by the LESSEE without interest.
[14] y�, All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fuliy given when served personaliy on LFSSOR or LESSEE, or when
tnade in writing and deposited in the United States Mail, certified and postage pregaid, and
addressed to the LESSEE or the LESSOR at the addresses s� on page (1). The address to which
the notice shall be mailed may be changed by written notice given by either party to the other.
Nothing herein shall preclude the giving of such address change notice by personai service.
[15] Atcignme� and S.hietting. LFSSEE shall not assign or sublet this I.ease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the Leased Premises.
[1(j Maintena�ce �d Rep�. LE5SEE shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the Building and the LESSEE'S equipment, including but not
limited to emergency repairs of any kind, routine maintenance and repair to keep the Leased
Premises in good repair, safe and in compliance with applicable fire, health, buitding and other
life-safety codes; and all repairs and maintenance needed to keep the building in good condition.
[17j Payment in Case of DefaLt�. LFSSEE shall pay LESSOR all costs and expenses, including
reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or default of any of the covenants or agreements contained in this
Lease, or to recover possession of said property, whether such action progresses to judgment or
not.
(18] S�render of Premises. The LESSEE, at the e�irarion of said Yerm, or any sooner termination
of this lease, shall quit peacefuily and surrender possession of said property and its appurtenances
to LESSOR in as good order and condition as the property was delivered to the LESSEE.
0
95-108�
[19] In�lwgy, The LESSEE agrees to indemnify, defend, save and hold harmless the LESSOR and
the City of Saint Paui and any agents, officers and employces thereof from all claims, demands,
actions or causes of action of whatsoever nature or character, arising out of or by reason of the
Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or
condition of the Leased Premises or as a result of the aperarions or business activities taking place
on the L.eased Premises. It is fully understood and agreed that LESSEE is awaze of the condirions
of the Leased Premises and leases the same "as is."
[20] $qjsiover• Any holdover after the expiration of the term of this Lease shall be allowed only after
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicabie.
[21j Poil �tion and .o min ntc. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency reladng to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all
liability, including without limitation, fines, forfeitures, and penalties azising from the failure by
LESSEE to comply with such ordinances, laws, rules or regulations. LESSOIt has the right to
perform cleanup and charge the LFSSEE as Addirional Rent for such costs should the LFSSEE fail
to comply.
[22] Controlling ra. . In the event there is any prior existing lease or rental agreement between
LESSEE and LESSOR (or its predecessor in interestj covering the subject groperty, it is agreed and
understood that this Lease shall cancel and terminate any prior leases or rentai agreements as of the
effective date of this lease.
[23] Destruction. In the event of damage to or destruction of the Izased Premises or in the event the
premises becomes untenantable due to such damage duzing the term of this Lease, LESSOR may
at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LFSSEE; or
(B) within fifteen (IS) days agree to restore the premises within a reasonable time period
following the casualty, chazging the cosu in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; or
9�
(C� may direct that LESSEE prompfly restore the Leased Premises to substantially the condition
er,isting immediately prior to such damage ar destruetion, and for that pucpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
are insu�cient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such
cost.
The Basic Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment of the use of the Leased Premises as determined by the
LESSOR, times the number of days of loss or impairment.
(24] Fven c of fa �it. The occurrence of any of the following events during the term of this Lease
shall constitute an event of default by the LE5SEE:
, (A) the filing of a petition to haue LESSEE adjudicated bankrupt or a petition for reorganization
or arrangemern under any laws of the United States relating to banl�uptcy filed by LESSBE;
(B) in the event a petition to have LESSEE adjudicated baniQUpt is filed against LESSEE, the
failure to dismiss such petition within ninety (90} days from the date of such filing;
(Cj the assets of LESSEE or of the business conducted by LESSEE on the Izased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings;
(D) LESSEE makes any assignment for the beneFt of creditors;
(E) the failure by LESSEE to tunety pay Basic Rern or Additional Rent as required by this Izase;
(F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its
part to be observed or performed as required by this Lease; or
(G) the failure by LFSSEE ar its surety to discharge, satisfy or release any lien or lien statement
filed or recorded against the L.eased Premises within siety days after the date of such filing
or recording, whichever date is earlier.
Either the LESSOR or the LFSSEE shall have the right to terminate this lease at any time if either
party defauits in any material covenam, term or condition of L.ease provided however, that the
injured party shall first give thirty (30) days nodce to LESSOR of such defauit, providing the other
party with an opportunity to cure such default during the said t6irty (30) day period.
95-1085
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its
election, terminate this I.ease in the event of the occurrence of any of the events descr'bed in this
pazagraph or in paragraph [27j (relating to liens) by giving not less than ten days' written notice
to I.ESSEE; and when so terminated, LESSOR map reenter the Leased Premises. This Lease and
its L.eased Premises shall not be ueated as an asset of LFSSEE'S esrate. It is fiu�ther eacpressly
understood and agreed that LFSSOR shall be entitled upon such reentry, notwithstanding any other
provision of this Izase, to exercise such rights and remedies as aze provided in Pazagraph [29] of
this I.ease.
[25] ��p i„� ' h sws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LFSSEE in the use of the property to
comQty with all laws, rules, regularions or ordinances imposed by any jurisdiction affecting the use
to which the property is proposed to be put. Inability or failure by the LESSEE to compiy with any
of said laws rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay
the rental provided herein.
[26] LYon- 'ccrimination. The LESSEE for itself, iu personal representatives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status,
status with respect to public assistance or national origin or ancestry shall be excluded from
participating in, be denied the benefits of or be otherwise subjected to discrimination in the
use of said facilities;
(B) that in connection with the cons�uction of any improvements on said lands and the furnishing
of ssrvices thereon, no discrimination shall be practiced in the selection of employees and con-
tractors, by contractors in the selection and retention of first tier subcontracwrs, and by
first-tier subcontractors in the selection and retention of second-tier subcontractors;
(C) that such discrimination shall not be practiced against the public in its access in and use of the
facilities and services provided for public accommodations (such as eating, sleeping, rest and
recreation} constructed or operated on the Leased Premises; and
(D) that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul I.egislative Code Chapter 183.
(27] �,�, The LESSEE shall nat permit mechanic's liens or other liens to be filed or established or
to remain against the L.eased Premises for labor, materials or services furnished in connecrion with
any additions, modifications, imprwemerns, repairs, renewals or replacements made to the Leased
Premises, or for any other reason; provided that if the LFSSEE shall first notify the LESSOR of
its intention to do so and sha11 deposit in escrow with the LFSSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equai to the amount ofihe claim of lien,
LFSSEE may in good faith contest any such claims or mechanic's or other liens filed or established
E
95-�0�5
and in such event may permit the items contested to remain undischarged and unsatisfied during
the period of such contest. If, in the opinion of the LESSOR, the noupayment of any such items
subjects the Leased Premises to any loss oz forfeiture, the LESSOR may require the LESSEE to
use die escrow accourn to prompdy pay all such unpaid items and if LESSEE fa�7s to pay from the
eserow account, the LESSOR may pay and chazge the LESSEE as Additional Rent_
[�l In the event the entire Leased Premises aze taken by eminent domain, or such
portion thereof is so raken that in LFSSEE'S reasonable judgemern it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE
may terminate this Lease by giving w LESSOR thirty days' written notice of termination, effective
as of the date on which the condemning authority acquires legal title or physical possession of the
Leased Premises. LFSSEE hereby waives and releases any claim to or share in the Award of
Compensation for the taking, notwithstanding any other provision of law, this Lease or any other
agreement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding,
remove its own trade fixtures at its own exgense.
[29] ik�fa � Rem ies. In the event an Event of Default occurs under pazagraph [24) of this Lease,
LESSOR may exercise any one or more of the following remedies:
(A) reenter and take possession of the Premises without termination of this Lease, and use its best
efforts to Lease the Premises to or enter into an agreement wirh another person for the account
of LESSEE;
(B) terminate this lease, exclude LESSEE from possession of the Fremises, and use its best efforts
to lease the 1'remises to or enter into an agreement with another in accordance with applicable
law;
{C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and
operate the Premises iuelf;
(D) terminate the Izase, exclude LESSEE from possession of the Leased Premises, sell atl or any
part of the Premises at the best price obtainable (provided such sale is permitted by applicabte
law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall
determine and apply the pcoceeds of such sale less any expenses thereof for the account of the
LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appear ne�essary or appropriate w collect the
Basic Rent and Additional Rent then due and thereafter to become due, or w enforce perform-
ance and observance of any obligation, agreement or covenant of the LESSEE under this
Lease.
l0
��-�o��
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the I.ease is then in effect, hold the LESSEE liahle for the difference between the payments
and other costs for which the LFSSEE is responsible under this Izase.
No remedy herein conferred upon or reserved to LESSOR is intended to be exciusive of any other
available remedy or remedies, but each such remedy shall be cumularive and shall be in addition
to every other remedy given under this Lease or now or thereafter existing at law or in equiry by
statute. No de3ay or omission to exercise any such right or power accruing upon any default shall
impaa any such right or power or shall be cons�ued to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient. In order to
ernitle the LESSOR to exercise any remedy reserved to it in this Pravision, it shall not be necessary
to give any notice, other than such norice as may be herein expressly required.
[30] Default of P�m. LESSEE agrees that, should it default on any payment owing and due to be
paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and
Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immed-
iately become due. LESSEE further agrees that the LESSOR may, at its option and without notice
to LESSEE, enter judgment against LESSEE in Ramsey Counry District Court for the amount of
the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid bal-
ance due upon default, and dces authorize the LESSOR to enter judgment as provided above.
LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time
within one year of the time the last payment shall have come due, for the fuli amount of the unpaid
balance due pursuant to the confession of judgment provided herein.
[31] Alterations. The LESSEE will not make any alterations to the premises without the written
con.cem of ihe LESSOR, such consent not to be umeasonably withheld. If the LESSEE desires to
make any such alterations, an accurate description shall first be submitted to and approved by the
LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work
shall be performed under the LESSOR'S supervision and any improvements made to the Leased
Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the
lease period. LFSSEE agrees that ali alterations wiil be done in a workmanlike manner and in
conformance with applicabie building codes, that the structurai integrity and building systems of
the building will not be impaired, and that no liens will attach to the premises by reason thereof.
[32] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties herein.
[33j (h�iet Enio�em. LESSOR covena�s and agrees with LESSEE that upon LESSEE'S paying the
rent and observing and pexforming all the terms, covenants and conditions on LESSEE'S part to
be observed and performed, LESSEE may peacefully and quiedy enjoy the premises, subject
nevertheless to the terms and conditions of this Agreement.
[34] � The individuals signing this Ageement on behalf of a parry represent and warrant they
aze fully empowered to act on behalf of said entities, Furthermore, both parties aze fully
empowered to execute, deliver and perform the various obligations under this Agreement.
11
95-1085
IN WITNESS WHEREOF, The parties hereto have set caused this Agreement to be executed on their
behalf as of the day and year first above written.
BOARD OF WATER COMNIISSIONERS
OF THE CTTY OF SAINT PAUL
_ �����-�.._. . .�� .
General Manager
Form Approved:
Assistant City Attorney
STATE OF MINNESOTA )
) ss
COUNTY OF RAMS�Y )
By its President
By its Secretazy
3'he foregoing instrumem was acknowledged before me dtis V day of ,, 1995, by Dino Guerin, President, and
danet M. Lindgren, Secretary, on behalf of the Boazd of Water CommiSSio�rs of the City of Saint Paut.
Notazy Public
12
95-1085
CITY OF SAINT PAUL
By iu Mayor
By its City Clerk
By its Director, Departmem
of Finance and Management Services
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
) ss
The foregoing insUwuent was aclmowledged befoie me this ! day of , 1995, by Norm Coleman, Mayor, on
behalf of the City of Saint Paul.
Notary Public
STATE OF MII3NESOTA )
COUNTY OF RAMSEY )
) ss
The foregoing instnunentwas aclmowledged before me this _ day of , 1995, by Fred Owusu, City Clerk, and
Maztha La�on, Director of the Depazhnem of Finance and Management Services, on behalf of the City of Saint Paul.
Notary Public
13
9�-1085
SKYTEL CORPORATION
By its Manager
Its Vice President- and
Corporate Procurement Officer
STATE OF MISSISSIPPI)
) ss
COUNTY OF )
1'he foregoing instnnnent was acknowledged before me dris _ day of 1995, by Dudley G. Norman, Manager-
Site Administration, and John Nikolic, Vice President and Corporate Procurement Officer, on behalf of Destineer
Corpora6on.
Notary Public
14
BRUNING 40•5253
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r".�ir� a'Y `� �.la.�e.�-
U�:t��y Pr�o�c -4o i�stattaftori.
- � - -
WATER UTII.ITY - CtTY OF ST. PAUL, MINN.
l�I��Kv.�l.. Rd . S-tav.d P: P c.
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95�10�5
Skyte! Corporation
Lease Site Equipment and Operating Frequency Band List
• Two separate 500 watt transmitters operating on the 931.9375 MHz or the 931.4375
MHz frequency band, but not more than one frequency or transmitter at one time, with
two Kathrein Omniduectional antennas using 1 coaxial cable.
• One comer reflector antenna utilizing the 900 MI3z frequency band using'/ coaxia]
cable.
Any changes to the above equipment proposed by the LESSEE shali be considered a new
installation and as such shall be subject to the terms and conditions of E�chibit "C" and
E�ibit "D".
sK,�� ,��,,,�5 Exhibit "B"
ST. PAUL WATER UTII,ITY
RADIO ANTENNA SITE MONTffi.Y LEASE RATES
�'or Year 1995
Single User:
Community Repeater:
Multi-Use Antenna
Radio Common Carrier (RCC)
800 MHZ Trunking System
& E-SMR:
Microwave Dish:
rONSITi�TANT RFVIEW FEE:
Single User, Cellular
or Trunking:
�r�;
'Yearly increases will be based on CPI.
ANRAIEC.EXEI August4,1995
1995
$170.d0
$240.00
$280.00
$50.00/mo.ea.Transmitter
$50.00/mo.ea. Receiver
$50.00/mo.ea. Antenna
$50.00/mo.ea. Standard 2'x2'
Floorspace
$350.00
$325.00 per frequency pair
$1,025.00 per application
95�1Q��
Exhibit "C" .
95�10��
TECHNICAL MINIMUM SITE STANDARDS
S� Panl Water Utility Water Tower Commnnications Site
All equipment must be housed in an RF right, metat enclosure thaY provides at least 60 db
of attenuation to any internal RF signals. Desk-wp base stations and open racks cannot be
used without special approvai. Additional shielding kits may be required.
2. At least 60 db of isolarion for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db of
isolation for 150 MHZ and 40 IYIHZ transmitters mvst be provided. A harmonic filter must
be pmvided on the transmitters between the antenna and any ferrite device used. Additional
filtering and isolarion may be required and will be considered on a case-by-case basis.
Ma�cimum transmitter power allowed into the antenna feed line shall be 110 watts per
transmitter. (Higher power levels will be considered on a case-by-case basis. Additional
protective devices may be required.)
4. Only jacketed copper Heliax cable shali be permitted for transmission line at the site. All
on-site intercabling must use RG/9, RG1142, RG1214 or 1/2 inch Superflex. RG18 or any
other single shielded cable will not be allowed.
Proposed iransmitters that will cause second order, third order or fifth order intermodularion
products on existing receiver frequencies will not be permitted on the site. A receiver with
the same frequency as an exisring second order, third order or fifth order intermodulation
product at the site, will not be permitted on the site.
150 ME�Z band:
450 MHZ band:
800/900 MHZ band:
M'icrowave:
50 db at 1 MHZ
50 db at 1.S MHZ
50 db at 2.5 MHZ
50 db at 10 MHZ
50 db at 20 MHZ
Exhibit "D"
�
TSTAND.EXi; Augu44,1995
6. All transmitters shall be equipped with band-pass cavities that will provide at least
the following attenuarion of side band noise, if needed:
40 MHZ band:
i of 2
,
NIINIMLTM SITE STANDARDS - Continued
7
.� '.� . .. , .ti. .
i
Fach cabinet must be idenrified by the owner's name, address, FCC station license number
and the name and telephone numher of the responsible service agency.
8. Prior ta approving any app&carion for antenna space at the site an engineering study wili be
prepazed by the Engineer for the St. Paul Water Utility consisting of at least the foliowing
items:
a. Intermodulation interference (Il1� caiculations of ail transmitters and receivers
known to exist in the azea at rime of application. (Study wiil include 2nd, 3rd and
Sth order IM terms, and A+ B- C, three-product terms.)
b.
c.
d.
e.
Transmitter noise and receiver desensing calculations of all equipment at the site.
Analysis of best equipment and antenna locations at the site.
Analysis of AC power requirements.
Report to prospective site user regarding application.
9. Plan and specifications to secure equipment to the tower must be submitted to and approved
by the Water Utility prior to installation.
- End -
TSTAND.E7a-I August4_1995
Exhibit "D'"
2 of 2
N
co,mcil file ;� � - /o�s '
� � � � � � { F� 6 Green Sheet # 2885 (
�� � � ` RESOLUTION
CI7Y OF SA1NT PAUL, MiNNESOTA a�
Presented By
Re£erred To
committee: Date
WHEREAS, Skytel Corpora�ion desires to lease space at the
McKnight Road Standpipe site on McKnight Road at Wilson
Avenue in Saint Paul, Minnesota, said site owned and
operated by the Saint Paul Board of Water Commissioners,
hereinafter referred to as the "BOard"; and
WHEREAS, Board staf£ has prepared the attached lease
agreement which provides for a five-year lease starting at a
one-year lease rate of $7,320 and increasing each subsequent
year at a rate equal to the Consumer Price Index; and
WHEREAS, The Board did adopt Board Resolution No. 4380 which
approved said lease agreement; now, there£ore, be it
RESOLVED, That the attached lease agreement between the City
of Saint Paul, the Saint Paul Board of Water Commissioners,
and Skytel Corporation is hereby approved and that the
proper officers are hereby authorized to execute said lease
agreement on behalf of the City of Saint Paul.
R�
�ldopted by Coundt• Date ��, ,-�-- \� \q 5 S
,
�doption Certified by Counat Seaetary
3y.
�PI
3y.
Requested by Department of:
Water Utility
By. Lc �3fit^"'c�i � `�"�"'�c,�
Sernie R. Bullert - General Manager
Water Util
Bernie Bullert - 66274
q5- l08'S
GREEN SHEET N_ 33449
INITIAL/DATE INITIAVDATE
� DEPARTMENT DIRECTOR O CITY COUNQL
O CITV ATTORNEV � pN CLERK
� BUDGET �IRECTOR � FIN. & MGT SERVICES �IR.
O MAYOR (OR ASSISTANT) �
9/1/95
NUMBERFON
NOUTING
TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATiONS FOR SIGNATURE)
City Council approval of resolution concurring with action taken by the Board of Water
Commissioners in executing the attached agreement which leases space at the McKnight
Road Standpipe site to Skytel Corporation for the installation and operation of commun
or Re]eci (R)
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION
_ CIB COMMITTEE _
_ STAFF _
_ DISTRICTCOURT _
SUPPORTS WHICH COUNCIL O&IECTIVE7
PEFiSONAL SERVICE CONTRACTS MUSTANSWEfi THE FOLI.OWING �UESTIONS:
1. Has this personRirm ever worketl under a contract for this tlepariment?
YES NO
2. Has this person/firm ever been a city employee?
VES NO
3. �oes this personflirm possess a skill not normally possessed by any current city employee?
YES NO
Explain atl yes answers on separete sheet and attaeh ro green sheet
The Board of Water Commissioners has the opportunity to receive revenue by leasing space
at.its water tower siYe on McKnight Road at Wilson Avenue.
Board of Water Commissioners will receive a year].y revenue.
IF NOT APPROVED:
See.
TO7AL AMOUNT OF TRANSACTION S
COST/REVENUE BUDGE7ED (CIRCLE ONE)
C.s . � �'�� -
YES NO
FUNDIH�G SOURCE ACTIYI7Y NUMBER
FINANGIAL INFORMATION. (EXPLAIN)
cirr oF sr. P,►u�
OFFICE OF THE BOARD OP WATER COMMISSIONERS
RESOLUTION - GENERAL FORM
No 4380
COMME S SIEO N �Yrt_Rettman pA �. F . AugtlSt 14 1995
9 J r i O V�
WFiEREAS, Skytel Corporation desires to lease space from the
Board of Water Commissioners on its McKnight Road Standpipe
site on McKnight Road at Wilson Avenue in Saint Paul,
Minnesota, and on the Standpipe itself to install and
operate paging communication equipment; and
WHEREAS, The Skytel Corporation desires to share certain
leased space with the Destineer Corporation; and
WHEREAS, The Board did adopt a Water Tower Site Leasing
Policy on July 10, 1995, which allows such space leasing and
imposes certain conditions on such leasing; and,
WHEREAS, Staff has prepared the attached lease agreement
which complies with all conditions of the Water 3'ower Site
Leasing Policy and provides for a five-year lease starting
at a one-year lease rate of $7,320 and increasing each
subseguent year at a rate equal to the Consumer Price Index;
and
WHEREAS, The General Manager of the Water Utility, Mr.
Bernie R. Bullert, recommends Board approval of the attached
lease agreement; now, therefore, be it
Water Commissione:s
Yeas
Nays
Adopted by the Board of Water Commissioners
In favor__ Opposed
SECY.
cin oF sz. P�u�
OPFICE OF THE BOARD OF WATER COMMISSiONERS
RESOLUTION - GENERAL FORM
Na 4380
COMMESSIE Rettman pA � August 14, 1995
, ,.. .. 1. , :.
RESOLVED, That the attached lease agreement between the
Board of Water Commissioners and Skytel Corporation is
hereby approved and that the praper officers are hereby
authorized to execute said lease agreement on behalf of
the Board; and, be it
FURTHER RESOLVED, That $6,000.00 of the
fee shall be applied towards landscape
McKnight Road Standpipe site.
Water Commissioners
Yeas Nays
Arcand
Harris
ice President Rettman
President Guerin
In favor!+ _ Opposed �
first year's lease
improvements on the
Adopted by the Board of Water Commissionexs
AuQUSt 14,1g�
���/�� O SECY.
SAINT
PAUL
,�
�
�. �
WATER
UTILRY
SAINT PAUL WATER UTILITY
WATER TOWER 5ITE LEASE AGREEMENT
Between
Board of Water Commissioners
and
Skytet Corporation
. :� �
August 1995
WATER TOWER STlE LEASE AGREEMENT
Between the Board of Water Commissioners and Skytel Corporation
TABLE OF C0IVTENTS
[1}
�2)
[31
[4]
[5]
(6]
[�l
I8l
[9]
[10]
[ll]
[12]
[13]
j14]
[15]
[16)
[17]
[18]
[i9]
[2Q}
[21]
I
[23]
[241
[25)
I261
�27]
I2gl
[29]
[30]
[31]
[3
j33]
I�l
,•. ��
Leased Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Term ofLease ................................................. 1
Rent.................................................................... 1
Ilandscape Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Primary Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
LESSEE'S Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Operation and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Utility Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Cost and Elcpense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Rightof Entry ............................................................ 4
Taxes................................................................... 4
Ivsurance . .................................................. 4
Cancellation or Terminarion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Notice...................................................... 6
Assignmentand Subletting ........................................ 6
Maintenance and Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Paymeirts in Case of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Surrender of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Indemnity................................................... 7
Holdover.................................................... 7
Pollution and Comawinants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Co�rolling Lease . ............................................. 7
Destruction................................................... 7
EventsofDefault ............................................... 8
Compliance with Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
NOII-Dis 'mination . ............................................ 9
Liens....................................................... 9
EminentAomain ...............................................10
Defauk Remedies ...............................................10
Def ault of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Atterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amended. ..................................................11
Quiet Enjoymevt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Authority ....................................................11
Signature Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Appendix
• . �
�
WATER TOWER SITE LEASE AGREEMENT
Between Skytel Corgoration and the Boazd of Water Conomissioners
This agreement is made this day of , 19_, between the BOARD OF
WATER COMMISSIONERS OF THE CITY OF SAINT FAUL, 8 Foutth Street East, Suite 4fl0, Saint
Paul, Minnesora 55101-1007, hereinafter called LESSOR, and
SKYTEL CORPORATION, 200 South Lamar Street, Jackson, Mississippi 39201, hereinafter cailed
LESSEE.
In consideration of the terms and conditions of this agreement, LESSOR and LESSEE agree as follows:
[l� �is�,. The LESSOR, in consideratian of the payment of the Basic Rent and Additional
Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, does hereby lease, demise and let unto LESSEE certain azeas on the LESSOR' S
properry, whose address is: 393 North McKnight Road, Saint Paul, Minnesota 55119-5307
and which is legally described as:
The west 250 feet of the east 283 feet of the south 300 feet of the north 1190 feet of the
southeast'/ of Section 35, Township 29, Range 22, of the County of Ramsey in the State of
Minnesota.
(A) These certain areas lie on the top and west side of the water storage tank located on the
property and on land adjacent to the tank. The specific azea on top of the tower will be
mutually determined by the parties to the Lease. It is understood by the parties that this is a
�n-exclusive L.ease and that other areas on top of the LESSOR'S elevated water storage tank
and the adjacent land may be leased to other entities.
These certain azeas are shown generally on attached Exhibit "A", incorporated herein by this refer-
ence.
[2] Term of i.ea�e. The term of this lease shall be 5 years, commencing as of the day of
, 1995, and expiring on the day of , 2000. Upon
erpiration of the initial term, this lease shall automatically renew for successive periods of 5 years
unless either party serves written notice upon the other party sixty (60) days prior to the expiration
of this lease or any extension thezeof. Upon expiration or termination, LESSEE shall have thirty
(30) days to remove all equipment from the demised premises and to make all necessary repairs.
[3] B� Rent shall consist of Basic Rem and such Additional Rent as may apply. LFSSEE shali pay
all rent in advance, on the first day of the term of the lease and on the first day of each payment
period thereafter as indicated in the Payment Schedule below:
;, � ,,
.
(A) Basic Reat. Based on LESSEE'S original installations as described in Exhibit "B",
incorporated herein by reference, LESSEE shall pay to the LESSOR a yearly basic rent fee
of seven thousand, three hundred and twenty dollazs ($7,320.00) as determined by the rental
fee schedule in E�chibit "C" incorporated herein by reference.
Any changes to the equipment proposed by the LESSEE in Exhibit "B" shall be considered
a new installation and as such shall be subject to the terms and conditions of Exhibit "C" and
Exhihit "D".
Said fee shall be payable in advance each year with the first payment due upon the execution
of this agreement. Each payment thereafter shall be due each successive year on or before the
anniversary date of this agreement.
The basic rent fee shall be increased annually by an amount equal to the increase in the
Consumer Price Index (CPI) as provided below. However, the rent shall not in any case
increase more than 8% per year, nor shall it ever be decreased.
The CPI shall mean the "Consumer Price Index for All Urban Consumers, All Cities, All
Items (1967 = 100)" as published by the United States Department of I.abor, Bureau of Labor
Statisrics or, if such index shall be discontinued, the successor index thereto or, if there shall
be tro successor index, such compazable index as shali be mutually agreed upon by the parties
hereto. To deternnine the annual rental increase to be paid by LESSEE, the monthiy rental
for the previous year shall be multiplied by a fraction, the numerator of which shall be the
CPI for the quarter immediately preceding the annual anniversary date of the Lease and the
denominator shall be the CPI for the corresponding quarter of one year earlier. LESSOR shall
be responsible for communicating all rental increases to LESSEE.
If this Lease is termivated at any time other than on the last day of a lease year, rent shall be
prorated, based on a three hundred sixty-five (365) day year, as of the date of termination,
and in the event of termination for any reason other than no�ayment of rent, all prepaid rents
shall be refunded to the LESSEE.
(B) Additional Rem. Addidonal Rent means all amounu, other than Basic Rent provided for in
paragraph (4A) above, that LESSEE shall be obligated to pay under this paragraph or other
provisions of this Lzase. Additional Rent shall include, but is not limited to, the following
fees, costs and expenses:
(1) costs for the repairs, improvements or alterations required to be made by the LESSEE
in paragraph 11 of this Lease;
(2) all tases on realty or personalty, general or special; (4) all public rates, dues, charges
and assessments, general or special, of any kind upon the Leased Premises; and
. �
,
(C} property insurance premium and/or uninsured losses as set forth in paragraph ('� of this
I.ease.
In the event that LESSEE dces not make such payments (or any payments required to be paid
as Additional Rent), LESSOR may roake the payments at its option, and the payments so paid
become Additional Rent, and aze due and payable by the LESSEE with the payment of Basic
Rent next required after written notice of same to the LESSEE by LESSOR.
LESSEE shali make all payments of Basic Rent and Additional Rent to LESSOR at the
following address:
Board of Water Commissioners, 8 Fourth Street East, Ste. 400, Saint Paul, Minnesota 55101-1007
The applicable account number for City Finance Accounting Code is:
850-2890�5303-00010
(4j • LESSOR shall plant and maintain landscape screening on the north and west
side of LESSEE'S Building.
LFSSEE shall pay to the LESSOR at the time of contract execution a one-time landscaping fee of
frve hundred dollars ($500.00) as reimbursement for such screening.
[5] �� �f i'remia�c= The primary purpose of the Leased Premises is for a water tower and
appurtenances to provide water service to customers of the LESSOR. In the event that the use of
the tower for water service is jeopazdized because of antenna usage on the tower, the LESSOR may
require reasonable cfianges in the terms and conditions of this agreement in order to prevent such
jeopardy.
[(] i. . SE ' ce of Pre i. -. The LFSSEE shall use and occupy the Izased Premises for the
transmission and reception of communications signals authorized for use by the Federal
Communications Commission (FCC), and for the installation, operation and maintenance of its
communications equipment as outlined in E�ibit "B". LESSEE shall have 24 how access to the
leased premises for purposes of installing, repairing and removing the radio equipment, provided
that LESSEE shall give advance nodce to LESSOR of any installation, repair or removai, and shall
undertake such work only after receiving approval from the LFSSOR, which will not be
unreasonably withheld. LESSEE fiuYher agrees not to do any act which will interfere with or
endanger the prc�er use of the elevated water storage tank. LFSSOR at all times reserves the right
to take action it deems necessary to maintain, repair, aiter or improve the premises and to
temporarily suspend the Lease and remove LESSEE'S antenna and equipment in order that such
work can be done.
95-1085
LESSEE shall consiruct the building on the Leased Premises, hereinafter referred to as the
"Building", at its own expense and for its sole use, in accordance with the plan, specifications and
site pian approved by and on file with the LFSSOR, and in accordance with all applicable codes,
permits, ordinances and statutes.
[7j Oneration nd .niomem LFSSEE shall install, operate and maintain its equipment in
accordance with all applicable laws and regulations, and in accordance with all Technical Minimum
Site Standards, Exhibit "D", incorporated herein by reference. LESSEE shall operate its
equipmern so as not to cause interference with any other communication transmitting or receiving
equipment whether located on the premises or not. If LESSEE is advised that its equipment is
causing interference with other communication transmitting or receiving equipment, it shall
eliminate such interference within twenty-four (24) hours or cease using the equipment causing the
interference except for short tests necessary for the elimination of the interference. It is further
agreed that LESSOR in no way guarantees to LESSEE noninterference to the operation of
LESSEE'S equipment.
[8] Util� Service. LESSOR will allow LESSEE, at LESSEE'S cost and expense, to connect its
equipment to the eacisting utility services. LESSEE thereafter agrees to furnish and pay for the cost
of utility service, provided that LESSEE shall also be responsible for all repairs or alterarions to
utility equipment arising out of the use of the demised premises by LESSEE. LESSOR sha11 not be
responsible for any damage due to the interruption of urility service.
[9] Cost and EaPgnse. LESSEE shall install and maintain all equipment at its sole cost and expense and
upon removal of said equipment, LESSEE shall be responsible for restoring the surface wherever
auachmems, or struchues, have been made to its origina] condition. The parties agree that the radio
equipment shail remain the peisonal properry of the LESSEE, and shall be kept in repair by LESSEE.
[10] Bight of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by
itself, iu agents and employees, to enter into and upon the Leased Premises dwing reasonabie
business hours or, in the event of an emergency, at any time for any legitimate purpose.
[llj T�x�,
(A) I.essor's Ta7ces. LESSOR shall be responsible for and pay all ta.�es and assessments against
the Leased Premises.
(B) i F 4F,F,'c T xes. LESSEE shall be solely responsible for and pay all taxes on its building
or personal property.
[12] TncnrancP�
(A) T FS4F,F.'S Tr.cnra.�- The LESSEE shatl acquire and maintain during the term of this lease
the foilowing coverage:
4
,. �
.
(i) The LESSEE shall be responsible for the self insurance of, or the acquisition of
Commercial Properry Insurance on, its personal properiy.
(2) COMPREHENSIVE GENERAL LIABILTI'Y INSURANCE including blanket
conlractual liability coverage, personal injury liability coverage and broad form property
damage liability endorsement in the following amounts:
Personal Injury: $500,000.00 ! each person
$1,500,000.00 / each occurrence
Property Damage: $1,000,000.00 / each occurrence
Such insurance shall: (a) name the LESSOR and the City of Saint Paul and the Board of Water
Commissioners of the Ciry of Saint Paul as additional insured; (b) be primary with respect to
LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground
property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not conrain an
"aggregate" policy limit unless specifically approved in writing by LESSOR.
(3) AUTOMOBILE LIABILII'I' INSURANCE with minimum limits of $600,000 combined
single limit and $1,000,000 aggregate, covering hired, non-owned and owned automo-
biles.
(4) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum
limits; and EMPLOYERS` LIABILITY INSURANCE with minimum limits of at least
$100,000 per accident and with an all states endorsement.
(5) The LFSSEE shall supply to LFSSOR current insurance cenificates for policies required
in Paragraph [12]. The said certificates shall certify whether or not the agent has errors
and omissions insurance coverage.
(6) The ]imiu cited under each insurance requirement above establish minimums; and it is
the sole responsibility of the LESSEE to purchase and maintain additional insurance that
may be necessary in relation to this lease.
(� Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limiu
or exceptions on liability.
(8) LESSEE shall place ihe insurance with responsible insurance companies authorized and
licensed to do business in the State of Minnesota and approved by LESSOR, and shall
deliver copies of the policies to LFSSOR on the date of LESSEE'S execution of this
agreement. The policies nequired in pacagraph [12] shall be endorsed to indicate that the
insurer cannot cancel or change the insurance without first giving the LESSOR 30 days'
written notice.
9�-1085
(B) W�ver of �br�ation. LESSOR waives its right of subrogation for damage to the
Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of
insurance proceeds coliected. LESSEE waives its right of subrogation for damage to property
in the Izased Premises, loss of use thereof, loss of income andlor accounts receivable, up to
the amount of their respective insurance proceeds collected. The parties shall notify their
respective insisance companies, in writing, of the provisions of this paragraph; and, if either
cannot waive its subrogation rights, such party shall immediately notify the other party, in
writing.
[13] G nn�ilation or Termination. This lease shail be subject to cancellation and termination by either
party at any time during the term upon ninety (90) days written notice to the other party. In the
event of such termination, and on the effective date of such termination, LESSOR shall return any
unearned rental paid by the LESSEE without interest.
[14] � All norices herein provide�l to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LFSSOR or LESSEE, or when
made in writing and deposited in the United States Mail, certiFied and postage prepaid, and
addressed to the LESSEE or the LESSOR at the addresses stated on page (i). The address to which
the notice shall be mailed may be changed by written notice given by either party to the other.
Nothing herein shall preclude the giving of such address change notice by personal service.
[15J ASSi�e�rt and Subietting. LESSEE shall not assign or sublet this Lease without the written
conseni of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the L.eased Premises.
[16] Maintenance and Repairs. LESSEE sha11, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the Building and the LFSSEE'S equipment, including but not
limited to emergency repairs of any kind, routine maintenance and repair to keep the I.eased
Premises in good repair, safe and in compliance with applicable fire, health, building and other
life-safety codes; and all repairs and mainYenance needed to keep the building in good condition.
[17] Pavme�s in Case nf Defautt_ LESSEE shall gay LESSOK all costs and expenses, including
reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or defauit of any of the covenants or agreements contained in this
Lease, or to recover possession of said property, whether such action progresses to judgment or
not.
[18] Surrender of Premises. 'I'he LESSEE, at the expirarion of said term, or any sooner termination
of dvs lease, shall quit peacefully and suaender possession of said property and its appurtenances
to LFSSOR in as good order and condirion as the property was delivered to the LFSSEE.
. � ,,
,
[19] In�y, The LESSEE agrees to indemnify, defend, save and hold harmless the LESSOR and
the Ciry of Saint Paul and any agenu, o�cers and employees thereof from all claims, demands,
actions or causes of action of whatsoever nature or character, arising out of or by reason o€ the
Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or
condirion of the Leased Premises or as a result of the operations or business acrivities taking place
on the L.eased Premises. It is fully understood and agreed that LESSEE is aware of the conditions
of the Leased Premises and leases the same "as is. "
[20] Holdover• Any holdover after the expiration of the term of this L.ease shall be allowed only after
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
[21] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the conuol, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shali bear all costs and ezpenses azising from compliance with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold hazmless LESSOR from all
liability, including without limitation, fines, forfeitures, and penalties arising from the failure by
LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to
perform cleanup and charge the LFSSEE as Addirional Rent for such costs should the LESSEE fail
to comply.
[22] Controlling I.ease. In the event there is any prior existing lease or rental agreement between
LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and
undersbood that this Lease shall cancel and terminate any prior leases or rental agreements as of the
effective date of this lease.
[23] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable due to such damage during the term of this Lease, LESSOR may
at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LFSSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable rime period
following the casualty, charging the costs in excess of the insurance proceeds, if any, to the
LFSSEE as Addirional Rent; or
95
(C) may direct that LESSEE prompfly restore the Leased Premises to substantially the condition
existing immediately prior to such damage or destruction, and for that purpose, if such dam-
age or destruction was caused by perfls insured against the LESSOR shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
are insu�cient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) eq»al to the remainder of such
cost.
The Basic Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment of the use of the Leased Premises as determined by the
LESSOR, times the number of days of loss or impairment.
[2A] Events of Default. The occurrence of any of the following events during the term of this Izase
shall constitute an event of default by the LESSEE:
(A) the filing of a perition to have LESSEE adjudicated bazilQUpt or a petition for reorganization
or arrangement under any laws of the United States relating to banlavptcy filed by LESSEE;
(B) in the event a petirion to have LFS5EE adjudicated banlffupt is fded against LESSEE, the
failure to dismiss such perition within ninety (90) days from the date of such filing;
(C) the assets of LESSEE or of the business conducted by LFSSEE on the Leased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings;
(D) LESSEE makes any assignment for the benefit of creditors;
(E) the failure by LESSEE to rimely pay Basic Rent or Additional Rent as required by this L,ease;
(F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its
parc to be observed or performed as required by this Lease; or
(G) the failure by LFSSEE or its surety to discharge, satisfy or release any lien or lien statement
filed or recorded against the L.eased Premises within s'vcty days after the date of such filing
or recording, whichever date is earlier.
Either the LESSOR or the LFSSEE st�atl have the right to terminate this lease at any time if either
party defaults in any material covenant, term or condirion of Lease, provided however, that the
injured parry sball first give durty (30) days notice to LESSOR of such default, providing the other
party with an opportunity to cure such default during the said thirty (30) day period.
95-�085
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its
election, terminate this Lease in the event of the occurrence of any of the events described in this
paragraph or in paragraph [27] (relating to liens) by giving not less than ten days' written notice
to L.ESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This Lease and
its Leased Premises shall not be ueated as an asset of LESSEE'S estate. It is fiu�ther expressly
understood and agreed that LESSOR shall be entifled upon such reentry, notwithstanding any other
provision of this Lease, to exercise such rights and remedies as are provided in Paragraph [29] of
this I.ease.
[25] C�mnliance with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to
comply with all laws, rules, regularions or ordinances imposed by any jurisdiction affecting the use
w which the properry is proposed to be put. Inabflity or failure by the LFSSEE to comply with any
of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay
the rental provided herein.
(26] Non-Discrimination. The LESSEE for itself, its personal representatives, successors in interest
and assigns, as a part of the consideration hereof, dces hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of nce, sex, color creed, religion, age, disabiliry, marital status,
status with respect to public assistance or national origin or ancestry shall be excluded from
participating in, be denied the benefits of or be otherwise subjected to discrimination in the
use of said facilities;
(B) that in connection with the construction of any improvements on said ]ands and the furnishing
of services thereon, no discrimination shall be practiced in the sel�tion of employees and con-
tractors, by contractors in the selection and retention of First tier subcontractors, and by
first-tier subcontractors in the selection and retention of second-tier subconiractors;
(C) that such discrimination shall not be practiced against the public in its access in and use of the
facilities and services provided for public accommodations (such as eating, sleeping, rest and
recreation) constructed or operated on the Leased Premises; and
(D) that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul I.egislative Code Chapter 183.
[27j Ia�ns, The LFSSEE shall not permit mechanic's liens or other liens to be filed or established or
to remain against the Leased Premises for labor, materials or services fumished in connection with
any additions, modificarions, improvements, repairs, renewals or replacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of
its intention to do so and shall deposit in escrow with the LFSSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equal to the amount ofthe claim of lien,
LFSSEE may in good faith comest any such claims or mechanids or other liens filed or established
7
. `,
.
and in such event may permit the items contested to remain undischarged and unsatisfied during
the period of such contest. If, in the opinion of the LESSOR, the no�ayment of any such items
subjects the Leased Premises to any loss or forfeiture, the LFSSOR may require the LESSEE to
use the escrow account to pmmptly pay all such unpaid items and if LESSEE fails to pay from the
escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent.
[28] In the event the entire Leased Premises aze taken by eminent domain, or such
pomon thereof is so taken that in LESSEE'S reasonabie judgement it is uneconomic thereafter to
restore the I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE
may terminate this Lease by giving to LFSSOR thirty days' written norice of termination, effective
as of the date on which the condemning authority acquires legal title or physical possession of the
Leased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of
Compensation for the taking, notwithstanding any other provision of law, this Lease or any other
agreement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding,
remove its own trade fixtures at its own expense.
[29] Default Remedies. In the event an Event of Default occurs under pazagraph [24] of this Lease,
LESSOR may exercise any one or more of the foliowing remedies:
(A) reenter and take possession of the Premiscs without termination of this Lease, and use iu best
efforts to L.ease the Premises to or enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exclude LFSSEE from possession of the Premises, and use its best efforts
to lease the Premises to or enter into an agreement with another in accordance with applicable
law;
(C) exclude LESSEE from possession of ihe Premises, with or without terminating this Lease and
operate the Premises itself;
(D) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any
part of the Premises at ihe best price obrainable (provided such sale is permitted by applicable
law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall
determine and apply the proceeds of such sale less any expenses thereof for the account of the
LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appear necessary or appropriate to coliect the
Basic Rent and Addirional Rent then due and thereafter to become due, or to enforce perform-
ance and observance of any obligation, agreement or covenant of the LESSEE under this
I.ease.
10
• � a
(G) in exercising any of its remedies set forth in this 3ection, the LESSOR may, whether or not
the Lease is then in effect, hold the LESSEE liable for the difference between the payments
and other cosu for which the LFSSEE is responsible under this L.ease.
No remedy herein confened upon or reserved to LESSOR is imended to be exclusive of any other
availabie remedy or remedies, but each such remedy shall be cumulative and shall be in addition
to every other remedy given under this Lease or now or thereafter existing at law or in equity by
statute. No delay or omission to exercise any such right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient. In order to
ernitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary
to give any notice, other than such notice as may be herein expressly required.
[30] Default of P�ymeut. LFSSEE agrces that, should it default on any payment owing and due to be
paid to LES50R as provided in this agreement, including but not limited to Basic Rent and
Additional Rent, then the remaining uvpaid balance shall, aY the option of the LESSOR, immed-
iately become due. LESSEE fiuYher agrees that the LESSOR may, at its option and without notice
to LESSEE, enter judgment against LESSEE in Ramsey Counry District Court for the amount of
the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid bal-
ance due upon default, and does authorize the LESSOR to enter judgment as provided above.
LESSEE dces hereby agree that the LESSOR, at its option, may enter a judgment, at any time
within one year of the time the last payment shall have come due, for the full amount of the unpaid
balance due pursuant to the confession of judgment provided herein.
[31] Alterafions. The LFSSEE will not make any alterations to the premises without the written
consern of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to
make any such aiterations, an accurate description shall first be submitted to and approved by the
LESSOR and such alterations shail be done by the LESSEE at its own elcpense. All such work
shalt be performed under the LESSOR'S supervision and any imgrovements made to the Lzased
Premises at the LESSEE'S e�cpense shall become the properry of the LFSSOR at the end of the
lease period. LFSSEE agrees that ail alterations will be done in a workmanlike mamier and in
conformance with applicable building codes, that the structural integrity and building systems of
the building will not be impaired, and that no liens will attach to the premises by reason thereof.
[32] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of ihis Lease may be, in writing, amended by mutual cotuent of the
parties herein.
[33] (h�i� Enioymeut. LFSSOR covenants a� agrees with LESSEE that upon LE5SEE'S paying the
rent and observing and performing all the terms, covenants and conditions on LESSEE'S part to
be observed and performed, LFSSEE may peacefully and quietly enjoy the premises, subject
nevertheless to the terms and conditions of this Agreement.
[34] �y, The individuals signing this Agreeme� on behaif of a party represent and warrant they
aze fully empowered to act on behalf of said entities. Furthermore, both parties are fully
empowerefl to execute, deliver and perform the vazious obligations under this Agreement.
11
95-108�
IN WPTNESS WHEREOF, The parties hereto have set caused this Agreement to be executed on their
behalf as of the day and year first above written.
BOARD OF WATER COMNIISSIONERS
OF THE CTTY OF SAINT PAUL
Recommended for approvat:
General Manager
Form Approved:
Assistant City Auorney
STATE OF MINNESOTA )
) ss
COUNTY OF RAMS$Y )
Sy its Presidem
By its Secretary
3he foregoing instrumeffi was �knowledged before me this _ day of _, 1945, by Dino Guerin, President, and
Janet M. Lindgren, Secretary, on behalf of the Boazd of Water Commissioners of the Ciry of Saint Paul.
Notary Public
12
��-�os�
CITY OF SAINT PAUL
By its Mayor
By its City Clerk
By its Director, Depaztment
of Finance and Managemem Services
STATE OF NffNNE50TA )
COU23TY OF RAMSEY )
) ss
The foregoing instrument was acknowledged before me tlris _ day of , 1995, by Norm Coleman, Mayor, on
behalf of the City of Saint Paul.
Notary Public
STATE OF MINNESOTA )
COUNTY OF RAMSEY )
) ss
T'he foregoing inslrument was aclmowledged befoie me this _ day of , 1995, by Fred Owusu, City Clerk, and
Martha Larson, Director of the Department of Finance and Management Services, on behalf of the City of Saint Paul.
Notary Public
13
95-1085
SKYTEL CORPORATION
By its Manager
Its Vice President- and
Corporate Procurement Officer
STATE OF MISSISSIPPI)
) ss
COUNTY OF )
The foregoing insUwnent was acknowledged before me dus _ day of 1995, by Dudley G. Norman, Manager-
Site Administration, and John Nikoliq Vice President and Corporate Procurement Officer, on behalf of Destineer
Corporation.
Notary Public
14
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TR.
WATER UTILITY - CITY OF ST. PAUL, MINN.
TI�c,Kv..�l..} FZd . 5 p: f+ a
��,sE. strE.
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_ : - -r���_�xhibit ��Au
�_-_ -. ..�. _ . ��
. : �
a
Skytel Corporation
Lease Site Equipment and Operating Frequency Band List -
• Two separate 500 watt transmitters operating on the 931.9375 MI3z or the 931.4375
MHz frequency band, but not more than one frequency or transmitter at one time, with
two Kathrein Omnidirectional antennas using 1 coaxial cabie.
• One comer reflector antenna utilizing the 900 MHz frequency band using'/ coalcial
cable.
Any changes to the above equipment proposed by the LESSEE shali be considered a new
installation and as such shall be subject to the terms and conditions of Exhibit "C" and
Exhibit "D".
SK,� „�,�,,,�5 Exhibit "B"
ST. PAUL WATER UTILITY
RADIO ANTENNA SITE MONTHI.Y LEASE RATES
For Year 1995
1995
Single User:
Community Repeater:
Mulri-Use Antenna
Radio Common Carrier (RCC)
800 MHZ Trunking System
& E-SMR:
Microwave Dish:
CONSULTANT REVIEW FEE:
Single User, Cellular
or Trunking:
E-SMR:
Yearly increases will be based on CPI.
$170.00
$240.00
$280.00
$50.00/mo. ea. Transmitter
$50.00/mo.ea. Receiver
$50.00/mo.ea. Antenna
$SO.00Imo.ea. Standard 2'ai2'
Floorspace
$350.00
$325.00 per frequency pair
$1,025.00 per application
s " � :�
s
,,�,�,.��.� �,�, Exhibit "C"
. � .�
•
TECHNICAL MINIMUM SITE STANDARDS
S� Paul Water Utility Water Tower Communications Site
AIl equipment must be housed in an RF right, 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 IVIHZ, 800 MFIZ and 900 MHZ transmitters and 30 db of
isoiation for 150 MFTZ and 40 MHZ uansmitters must be provided. A harmonic filter must
be provided on the transmittecs between the antenna and any ferrite device used. Additional
fiitering and isolation may be required and wiii be considered on a case-by-case basis.
3. Maximutn transmitter power aliowed into the antenna feed line shall be 110 watts per
transmitter. (Higher power levels will be considered on a case-by-case basis. Addirional
protective devices may be requ'ued.)
4. Only jacketed copper Heliaac cable shall be permitted for transmission line at the site. All
on-site intercabling must use RG/9, RG/142, RG/214 or i/2 inch Superfles. RGl8 or any
other single shielded cable will not be allowed.
5 Proposed t►ansmittets that will cause second order, third order or fifth order intermodularion
products on existing receiver frequencies will not be permitted on the site. A receiver with
the same frequency as an exisring second order, third order or fifth order intermodularion
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 attenuarion of side band noise, if needed:
40 MHZ band:
150 MHZ band:
450 MFIZ band:
800/900 MHZ band:
Microwave:
50 db at i MHZ
50 db at 1.5 MHZ
50 db at 2.5 MHZ
50 db at 10 MHZ
50 db at 20 MHZ
Exhibit "D"
�.,�.� ,��4,,�5 1 of 2
d
MIlvIMLTM SITE STANDARDS - Continued
7
;. : � s� :
Each cabinet must be idenYified 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 applicarion for antenna space at the site an engineering study wiil be
prepared by the Engineer for the St. Paul Water Urility consisting of at least the following
items:
a. Intermodularion interference (Il� calculations of aii transmitters and receivers
known to exist in the area at time of applicarion. (Study will include 2nd, 3rd and
Sth order IM terms, and A+ B- C, three-product terms.)
b.
c.
d.
e.
Transmitter noise and receiver desensing calculations of all equipment at the site.
Analysis of best equipment and antenna locations at the site.
Analysis of AC power requirements.
Report to prospective site user regarding application.
9. Plan and specifications to secure equipment to the tower must be submitted to and approved
by the Water Utility prior to installation.
-End-
Exhibit "D"
� 2of2
1STAND.FJd-I August4.1995
R