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lease other space on the water tower, or the City’s use and maintenance of the water tower. The <br />Public Works Director has reviewed the proposal and does not see any issues. While this <br />proposal would only connect TTM to T-Mobile, a request to provide service to the other cellular <br />providers at this site could be made in the future subject to additional lease negotiations. <br />Lease Provisions <br />As part of the lease approved with T-Mobile in May 2008, the City Attorney prepared a standard <br />lease that could be used as a template for negotiations with other cellular providers at the City’s <br />water tower sites (Planning Case 08-007). Although the request from TTM is somewhat <br />different than a typical cellular provider, it is similar enough to use the lease template. Except <br />for modifications to the lease rate and length, the proposed lease with TTM is substantially <br />similar to the T-Mobile lease approved in May 2008. The project description has been updated, <br />and the sections pertaining to equipment on the water tower have been removed. <br />The proposed lease rate was preliminarily negotiated to $2,700 per year ($225/month) with a <br />three percent yearly increase. The initial term would expire on December 31, 2012, with options <br />for up to six additional three year terms for a total potential lease length of 21 years and nine <br />months. The lease would need to be initiated within three months of the approval date or when <br />the equipment is being installed, whichever occurs first. In summary, the proposed lease also <br />makes TTM responsible for the following: <br />Any additional costs associated with maintenance to the water tower site due to the TTM <br />equipment; <br />Restoring any damage to the grass or road from their installation, equipment, and/or use; <br />Ensuring that their equipment does not interfere with any of the existing users or City use <br />(this is less of an issue than with cellular providers since TTM will not be using any <br />wireless transmitting or receiving equipment); <br />Submitting a $2,000 financial surety to the City for future removal of the equipment in <br />case the equipment is abandoned by TTM; <br />Reimbursing the City for personnel costs if the City is needed on-site during non- <br />business hours; and, <br />Providing proof of all necessary types of insurance as noted in the lease. <br />City Staff and Attorney have reviewed the proposed lease with TTM and are in agreement on its <br />terms (Attachment B). TTM is aware that all lease provisions are still subject to City Council <br />review and approval. A representative for TTM will be at the City Council meeting to discuss <br />the lease terms and answer any technical questions. If approved, TTM anticipates installing the <br />equipment in approximately XX days. <br />Lease Comparison <br />The service provided by TTM is relatively new in this area and there are few comparable <br />situations with other cities. As part of this process, staff contacted six other cities that have had <br />\\Metro-inet.us\ardenhills\Admin\Council\Agendas & Packet Information\2009\03-30-09 Regular\Packet Information\7C - 033009 - CC Report - <br />TTM Red Fox Lease.doc <br />Page 2 of 3 <br /> <br />