HomeMy WebLinkAbout10-29-07 Item 4J, CUP for 1230 Red Fox Road
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Request for Council Action
Prepared By: Mea@_~__~_~~_~.man
Dept.: __~Q_~_~.~.~.i.~Y.,.~,~X~!~I!~_~!!L~
Council Mtg. Oate: 10-29-07
Final Action Needed By:.. H:O:j:oi..
Agenda Item:
4.J
Budgeted Amount:
Actual Amount: .----
Funding Source: .....__._._..._.._.._.._.__
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]A. Motion to approve Planning Case 07-024 for a Conditional Use Permit amendment at 1230 Red Fox Road based on the findings of fact and:
ithe submitted plans as amended by the twelve conditions in the October 3, 2007, planning case report. '
iB. Motion to approve Amendment No.1 to the February 29,2000, PCS Site Agreement between Sprint Spectrum L.P. and the City of Arden!
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isubinitted plans as amended by the twelve conditions in the October 3, 2007, planning case report. '
lB. Approve Amendment No.1 to the February 29, 2000, PCS Site Agreement between Sprint Spectrum L.P. and the City of Arden Hills as!
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i X ! Memo/Letter:
October 29,2007, Memo to the City Council
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jResolution No.:
iOrdinance No.:
!Engineering Recommendation:
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'Attorney Recommendation:
4J-1: Draft Planni'n'g"Commission minutes .-....,,-----------
4J-2: Conditional Use Permit Amendment
, 4J*3: Amendment No.1 and the Original Lease Agreement from February 29, 2000
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, While the total number of cell antennas will decrease with the approval of""t'h-ls'---C;)'n-aHionafTise---Pe-rmT(""'ih'e""reviir'-lJ'e"nre.celved--from--
SprintlNextel for leased space on the tower will remain unchanged.
None.
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~~HILLS
MEMORANDUM
DATE:
October 29, 2007
CC Agenda Item 4.J
TO: Mayor & City Council
FROM: Meagan Beekman, Planner I
SUBJECT: Planning Case #: 07-024
Conditional Use Permit Amendment
'Baran Telecom, Agent for Sprint/Nextel (Richard Markus)
1230 Red Fox Road
ReQuest
A. Approve Planning Case 07-024 for a Conditional Use Permit amendment at 1230 Red Fox
Road based on the findings of fact and the submitted plans as amended by the twelve conditions
in the October 3, 2007, planning case report.
B. Approve Amendment No. I to the February 29, 2000, PCS Site Agreement between Sprint
Spectrum L.P. and the City of Arden Hills as proposed in the October 29, 2007, planning case
report.
Backe:round
The applicants have requested a conditional use permit (CUP) amendment to Planning Case #00-
05 to remove four antennas located at the water tower at 1230 Red Fox Road and replace them
with two antennas at a greater height. Sprint currently has six antennas installed on this water
tower. Two of these antennas are mounted at the 60 foot level, two are mounted at the 80 foot
level, and two are mounted at the 100 foot level. The applicant proposes to remove the four
antennas at the 60 foot and 100 foot levels. The two antennas at the 80 feet level would remain.
The removed antennas would then be replaced with two new antennas, which would be relocated
to a new height of 154 feet.
In order to make room for the two new proposed Sprint antennas at the 154 foot level, which is
the top of the water tower, Nextel will replace three of its existing antennas, currently located at
a height of 159 feet, with two new antennas that would be at a height of 158 feet. Removing the
Nextel Antenna will create room for the new Sprint antennas.
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Amendment.doc
Page 1 of4
Sprint and Nextel merged to form one company after separate lease agreements were made with
the City for their respective antennas. Since the total number ofNextel antennas is decreasing
and the replacement antennas are not outside of the approved leased area for Nextel, the Nextel
antenna change does not require a CUP amendment or a lease amendment.
There are no proposed changes to the existing ground equipment at the site. The result ofthis
CUP amendment would be a net reduction in the number of cell antennas located on this water
tower. The vacated space at the 60 and 100 foot levels of the water tower will revert back to the
City's control and could be leased to other companies.
The applicant has submitted two letters from Henry Bellagamba, an engineer with Fullerton
Engineering Consultants who prepared the engineering drawings for the proposed plans
(Included in the October 3, 2007 Report to the Planning Commission). According to these
letters, the proposed changes to the antenna configuration on the water tower will not exceed the
structural capacity of the guardrails on which they would be mounted and that by engineering
judgment the existing guardrail structure is adequate.
The City Engineer reviewed the project and submitted a memo dated May 23, 2007 (Included in
the October 3, 2007 Report to the Planning Commission) with recommended conditions; these
have been included as conditions for approval. The City Engineer does not anticipate structural
issues associated with this proposed project.
Lease Amendment No. One
In order to approve the requested conditional use permit amendment, the lease agreement must
also be approved. The City Attorney has reviewed the lease agreement and did not have any
recommended changes. The lease amendment does not extend the lease, change the rent, or
modify any other terms except for the location and number of antennas as described in this
planning case report.
Findinl!s of Fact
The Planning Commission offers the following seventeen findings of fact for review:
General Findings:
1. The proposed antennas would not exceed the height of the tallest existing antenna.
2. Cell antennas are a permitted accessory use on City water towers.
3. Cell antennas are a conditionally accessory use in the I-Flex District
4. The proposed antennas are compatible with the character of the area and will not
adversely impact the surrounding properties
5. The total number of SprintlNextel antennas on the water tower will decrease to twelve
from fifteen; however, the number of antennas located on the top of the water tower will
mcrease.
\\AhdocslIAHIAHdatalPlanninglPlanning Cases\2007\07-024 Sprint-Nextel CUP Amendment (PC Approval)\102907 - CC Report - Sprint CUP
Amendment.doc
Page 2 of4
6. The guardrails on which the antennas will be mounted are structurally capable of
handling the additional load.
On the Conditional Use Permit Evaluation Criteria:
7. The proposed plan would not have any impact on traffic or parking conditions
8. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke,
dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics
9. The proposed plan will not impact drainage
10. The proposed plan will not impact population density
11. The proposed plan is not expected to have a significant impact on visual and land use
compatibility with uses and structures on surrounding land or adjoining land values
12. Park dedications are not applicable
13. The proposed plan does not conflict with the general purpose and intent of the zoning
code or the Comprehensive Development Plan for the City. The applicant's access to the
facility will not increase the risks of contamination to the City's water supply;
On the Special Requirements for City Water Towers:
14. The proposed plan is not anticipated to have any impact on the risks of contamination to
the City's water supply
15. With the replacement ofthe Nextel antennas there will be sufficient room on the structure
to accommodate the applicant's proposed antennas
16. The proposed plan is not anticipated to increase the water tower or reservoir maintenance
costs to the City
17. The proposed plan will not be harmful to the health of workers maintaining the water
tower or reservoir.
Recommendation
The Planning Commission reviewed Planning Case 07-024 and unanimously recommends
approval of the CUP Amendment based on the findings of fact and the submitted plans as
amended by the following twelve conditions:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission and
City Conncil.
2. The antennas and all monnts shall be painted to match the color of the water tower.
3. Upon removal of any equipment the applicant shall repair all holes, scratches, rust, or
damage to the tower caused by the supports from these antennas and the tower shall
be repainted with primer and matching paint to ensure that the metal is protected.
4. A building permit shall be obtained for all proposed antennas prior to installation.
5. At the time the new antennas are placed on the water tower those that have been
identified for removal shall be removed.
6. The applicant shall comply with the City Engineer's memo dated May 23, 2007.
\lAhdocslIAHlAHdata\PlanningIPlanning Cases\2007\07-024 Sprint-Nexte/ CUP Amendment (PCApproval)\J02907 - CC Report - Sprint CUP
Amendment.doc
Page3 of 4
7. The City Attorney shall draft a conditional use permit amendment that shall be signed
by the applicant prior to the issuance of any building permits.
8. The Sprint antennas shall not be moved and building permits shall not be issued until
a revised lease agreement is approved by the City Council.
9. All cables associated with this project shall be properly secured and will not impede
the use of the access tube to the water tower.
10. The applicant shall cover the access holes with removal steel screen covers or caps
that are properly secured, so future operators may still access the holes into the tower.
II. Applicant agrees to vacate any access rights to those areas of the water tower where
antennas have been removed.
12. Any termination of the lease agreement will lead to a termination of the Conditional
Use Permit.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Ae:encv Actions
The City of Arden Hills received the completed application for this request on September 4,
2007. Pursuant to Minnesota State Statutes, the City must act on this request by November 3,
2007 (60 days), unless the city provides the petitioner with written reasons for an additional 60
day review period.
Attachments
4J -I Draft Planning Commission Minutes
4J-2 Conditional Use Permit Amendment
4J-3 Amendment No.1 and the Original Lease Agreement from February 29,2000
4J-4 October 3,2007, Report to the Planning Commission-
http://www.ci.arden-hills.mn.us
llAhdocsl\AHlAHdatalPlanning\Planning Cases\2007\Ol-024 Sprint-Nextel CUP Amendment (PCApproval)\/02907 - CC Report - Sprint CUP
Amendment.doc
Page 4 of 4
Attachment 4J -1
Draft Planning Commission
Meeting Minutes
From October 3, 2007
October 29, 2007, City Council Meeting
PLANNING CASE #07-024 - CONDITIONAL USE PERMIT; AMENDMENT
SPRINT 1230 RED FOX ROAD-PUBLIC HEARING
Ms. Beekman reported that the applicant submitted a request for a conditional use
permit amendment to remove four cell antennas on the water tower at heights of
60 and 100 feet located at 1230 Red Fox Road, and replace them with two new
antennas at a height of 154 ft. In order to accommodate the new antennas, three
Nextel antennas, located on the same site, will be removed and replaced with two
new ones. She then provided background information and said staff recommends
approval subject to the following twelve conditions:
1. The project shall be completed in accordance with the plans submitted as
amended by the conditions of approval. Any significant changes to these
plans, as determined by the City Planner, shall require review and
approval by the Planning Commission and City Council.
2. The antennas and all mounts shall be painted to match the color of the
water tower.
3. Upon removal of any equipment the applicant shall repair all holes,
scratches, rust, or damage to the tower caused by the supports from these
antennas and the tower shall be repainted with primer and matching paint
to ensure that the metal is protected.
4. A building permit shall be obtained for all proposed antennas prior to
installation.
5. At the time the new antennas are placed on the water tower those that have
been identified for removal shall be removed.
6. The applicant shall comply with the City Engineer's memo dated May 23,
2007.
7. The City Attorney shall draft a conditional use permit amendment that
shall be signed by the applicant prior to the issuance of any building
permits.
8. The Sprint antennas shall not be moved and building permits shall not be
issued until a revised lease agreement is approved by the City Council.
9. All cables associated with this project shall be properly secured and will
not impede the use ofthe access tube to the water tower.
10. The applicant shall cover the access holes with removable steel screen
covers or caps that are properly secured, so future operators may still
access the holes into the tower.
11. Applicant agrees to vacate any access rights to those areas of the water
tower where antennas have been removed.
12. Any termination of the lease agreement will lead to a termination of the
Conditional Use Permit.
Chair Sand opened the floor to Commission questions.
Commissioner Larson inquired about the code for screening the antennas. Ms.
Beekman stated that the code requires the antennas to be painted to match the
color of the water tower.
Commission Zimmerman inquired if switching the antennas was based on a need
to have higher frequency antennas. Mike ~~~ll!~l, Nextel representative, stated
that the frequency wouldn't change, but the antenna would be raised and increase
the coverage area.
Chair Sand opened the public hearing at 6:45 p.m.
Chair Sand invited anyone for or against the application to come forward and
make comment.
Chair Sand closed the public hearing at 6:45 p.m.
Commissioner Zimmerman moved, seconded by Commissioner Holewa, to
recommend approval of Planning Case #07-024, for a conditional use permit
amendment at 1230 Red Fox Road based on the findings of fact and the submitted
plans as amended, subject to the twelve conditions as listed in staffs October 3,
2007 report.
The motion carried unanimously (7-0).
This Planning Case will be reviewed at the Monday, October 29, 2007, City
Council meeting.
Attachment 4J - 2
Conditional Use Permit Amendment
October 29, 2007, City Council Meeting
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
CONDITIONAL USE PERMIT AMENDMENT
CASE NO. 07-024
1.0 Recitals.
A. The City of Arden Hills, a Minnesota Municipal Corporation represents
that it is the record fee owner of the following described property
situated in Ramsey County, Minnesota, to wit (the "Property"):
Parcel 1 : The North 240 feet of the East 150 feet of the Northwest One Quarter of the
Southeast One Quarter, in Section 27, Township 30, Range 23, Ramsey County,
Minnesota.
Property Tax Parcel Number: 27-30-23-23-42-0001-2
B. The Property is located in the I-FLEX Zoning District.
C. The City of Arden Hills has issued prior conditional use permits and
amendments to conditional use permits for the Property as contained in
Planning Case File Nos. 95-1, 00-05, 00-16, 02-01.
D. On the 4th day of September, 2007, Baran Telecom ("Permittee"), an
agent for SprintlNextel Corp., submitted a completed application for
review of a conditional use permit amendment that would allow a
reconfiguration of cell antennas located on the city owned water tower
site.
E. At a public hearing on the 3rd day of October, 2007, the Arden Hills
Planning Commission reviewed the application, the report and
recommendations of the Arden Hills City Planner, the comments made at
the public hearing, and recommended approval of the conditional use
permit (the "CUP") subject to certain conditions.
2.0 Approval of CUP. On the 29th day of October, 2007, the Arden Hills City Council
considered the recommendations of the Arden Hills City Planner, the
recommendations of the Planning Commission, the effects of the proposed CUP
on the health, safety, convenience and general welfare of the owners and
occupants of the surrounding land, and the community as a whole; and passed a
motion approving Planning Case 07-024 approving the CUP amendment and
allowing removal of four antennas and replacement by two new antennas on
the City Water Tower site by Sprint/Nextel. The approval of the City of Arden
Hills is subject to the following conditions.
A. The Permittee shall continue to abide by the conditions of approval
for Conditional Use Permit Nos. 95-1, 00-05, 00-16, 02-01.
B. The Project shall be completed in accordance with the plans
submitted as amended by the conditions of approval. Any significant
changes to these plans, as determined by the City Planner, shall
require review and approval by the Planning Commission and City
Council.
C. The antennas and all mounts shall be painted to match the color of
the water tower.
D. Upon removal of any equipment the applicant shall repair all holes,
scratched, rust, or damage to the tower caused by the supports from
these antennas and the tower shall be repainted with primer and
matching paint to ensure that the metal is protected.
E. A building permit shall be obtained for all proposed antennas prior to
installation.
F. At the time the new antennas are placed on the water tower those
that have been identified for removal shall be removed.
G. The Sprint antennas shall not be moved and building permits shall not
be issued until a revised lease agreement is approved by the City
Council.
H. All cables associated with this project shall be properly secured and
will not impede the use of the access tube in the water tower.
I. The applicant shall cover the access holes with removable steel
screen covers or caps that are properly secured, so future operators
may still access the holes into the tower.
J. Applicant agrees to vacate any access rights to those areas of the
water tower where antennas have been removed.
K. Any termination of the lease agreement will lead to a termination of
the Conditional Use Permit
3.0 Compliance. Permittee hereby agrees to comply with the conditions of
approval for this Conditional Use Permit.
2
CITY OF ARDEN HILLS
Dated this 29th day of October, 2007
By:
Stan Harpstead
Its: Mayor
STATE OF MINNESOTA
)
)
)
COUNTY OF RAMSEY
On this _ day of , 2007, before me, a notary public within
and for said county, personally appeared Stan Harpstead, to me known to be the
Mayor of the City of Arden Hills, and he executed the foregoing instrument and
acknowledged that he executed the same by authority of and on behalf of City of
Arden Hills.
Notary Public
Dated this _ day of
,2007
PERMITTEE
By:
Name:
Its:
STATE OF MINNESOTA
)
)
COUNTY OF RAMSEY
)
On this _ day of ,2007, before me, a notary public within
and for said county, personally appeared , to me known to be
the President of Permittee, or the of the Permittee, a Minnesota
corporation, and s/he executed the foregoing instrument and acknowledged that s/he
executed the same by authority of and on behalf of the corporation.
Notary Public
3
Attachment 4J - 3
Amendment No. 1 and the Original Lease
Agreement from February 29, 2000
October 29,2007, City Council Meeting
"t
Site Name: ARDEN HILLS WT . RED ROX RD.
Site ill #: MSI4XC859
AMENDMENT NO. I TO PCS SITE AGREEMENT
This Amendment No. 1 to PCS Site Agreement ("Amendment")~ effective as of the date last signed below ("Effective
Date"), amends a certain PCS Site Agreement between Sprint Spectrum L.P. ("SSLP") and The City of Arden Hills ("Owner"),
dated February, 29, 2000 (the "PCS Site Agreement").
BACKGROUND
WHEREAS, Owner and SSLP entered into the PCS Site Agreement for the use of a certain portion of the Land and Tower;
and
WHEREAS, SSLP desires to modify its installation on the Site by replacing and relocating its antennas as more particularly
described in Exhibit A-2 annexed hereto.
AGREEMENT
In consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and
sufficiency of which is acknowledged, Owner and Tenant agree as follows:
1. Modification to the Facilities. Exhibit A.2. of the PCS Site Agreement is herby deleted and replaced with Exhibit A.3, a
copy of which is attached and made a part hereof. Upon full execution of this Amendment, Tenant is permitted to do all work
necessary to prepare, maintain and alter the Site to install, modify or otherwise relocate the Facilities, all as more fully described and
contemplated in Exhibit A- 3.
2.. All notices must be in writing and are effective only when deposited in the U.S. mail, return receipt requested and postage
prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: SprintlNextel Property Services, Mailstop
KSOPHTOIOI-Z2650, 6391 Sprint P<JFkway, Overland Park, Kansas 66251-2020, with a mandatory copy to: SprintlNextel Law
Department, Mailstop KSOPHTOIOI-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney.
3. General Terms and Conditions.
(a) All capitalized tenns used in this Amendment, unless otherwise dermed herein, will have the same meaning as the
tenns contained in the Agreement.
(b) In case of any inconsistencies between the tenns and conditious contained in the Agreement and the tenns and
conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the
Agreement are ratified and remain unchanged and in full force and effect.
(c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original.
(d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into
and perfonn their respective obligations under this Amendment.
***SIGNA TURES ON FOLLOWING P AGE***
The parties have executed this Amendment as of the Effective Date.
Owner:
City of Arden Hills
By:
Name:
Title: .
Date:
Tenant:
Sprint Spectrum L.P.
a Delaware limited partnership
By:
Name:
Title:
Date:
Site Plan
The Site is described and/or depicted as follows:
Insert Site Plan:
See Attached
ExmBIT A-3
TO SITE AGREEMENT
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pes SITE AGREEMENT
Site f. D. MS14XC859A
Site Name Arden Hills Water Tower
1. Premises and Use, Owner leases to Sprint Spectrum L.P., a Delaware
limited partnership rSSlP~}. the site described below:
~heck appropriate box(es)j .
Yf land consistmg of approximately tiCO square feet upon which SSLP will
construct Its K equipment base station and 0 antenna structure:
o Building interior space consisting of approximately _ square feet;
o Building exterior space for attachment of antennas;
o Building extenor space for placement of base station equipment;
J<! Tower antenna space between the f.sC2 foot and lJ2t2. foot level on the
Tower; .-
}it Space required for cable runs to connect PCS equipment and antennas,
in the location(s} (~Slte'"} shown on Exhibil A, together with a non-excluslve
easement {or reasonable access thereto and to the appropriate, In the
discretion of SSLP, source of eledTlc and relephane facilities. The Site will be
used by SSLP for the purpose of installing, removing. replacing, modifying.
maintaining ancfoperating, at its expense. a personal communications sel\lice
system facIlity (*PCSk), Including, without limitation, antenna equipment, cable
wlnng, back-up power sources (including generators and fuel storage tanks),
related fixtures and, If applicable to the Site. an antenna structure. SSLP wJl/
use the Site in a manner whiCh will not unreasonably disturb the occupancy of
Owner's other tenants SSLP will have access to the Site 24 hours per day, 7
days per week.
2. Tenn. The term of 1his Agreement {the "Initial Tarof} is 5 years,
commencing On the date rCommencement Oatel both SSLP and Owner
have executed this Agreement. This Agreement will be automatically renewed
for four additional terms {each a uRenewal Temf] of 5 years each. unless
SSLP provides Owner notice of intention not to renew not less than 90 days
prior to the explratlon of the Initial Term or any Renewal Term.
3. Rent Until the date which is 60 days after the issuance of a building
permit rent will be a Qne-flflle aggregate payment of $100_00. the receipt of
which Owner acknowledges. Thereafter, rent will be paid in equal monthly
installments of $1,000 (until i-ncreased as set forth. herein), partial mon1os to
~ be prorated. in advance. Rent for each Renewal Term will be the annual rent
.::F-: in effect for the final year of the Initial Term or prior Renewal Term, as the
case may be, increased by fifteen percent (15%).
4. Title and Quiet Possession. Owner represents and agrees fa) Ihat it is
the Owner of the Site, (b) that it has the right to enter into this Agreement;
(c) that the person signing this Agreement has the authority to sign; (d) that
SSlP is entllled ro access to the Site at al1 times and to the quiet possession
of the Site throughout the Initial Term and each Renewal Term so long as
SSLP is not In default beyond the expiration of any CUfe penod, and (e) that
Owner shaff not have unsupervised access to the Site or to the pes
equipment.
5. AssignmentlSubletting. Tenant shall have the right to sublease or assign
its rights under this Agreement without notice to 01 consent of Owner.
6. Notices. All notices must be in writing and arf! effective only when
deposited in the U.S. mail. oertified and postage prepaid, or when sent via
overnight delivery. Notices to SSlP are to be se-nt to: James G. Meyers,
Dlfector of Site Development. Sprint pes, 9801 W. Higgins Rd. #220.
Rosemont,IL 60018, with a copy to Sprint Spectrum LP_, 4900 Main. Kansas
City, MO 64112. Notices to Owner must be sent to the address shown
undemeath Owner's signatwe.
7. Improvements. SSlP may, at its expense, make such improvements on
the e as it deems necessary from time to lime for the operation of the pes
sysrerTl) pan tennination or expiration of this Agreement SSlP may remove
l(l its eqUipment and improvements and will restore the Site to substantially the
~~ndition existing on the Commencement Date, except for ordinary wear and
~-tear and casual1y loss.
8. Compliance with Laws. Owner represents that Owner's property
(including the Site}. and all improvements located thereon, are in substantial
compliance with building. life/safety. disablilty and other laws. codes and
regulatIons of applicable governmental authorities. SSLP will substantIally
comply With all applicabte taws refating to its possession and use of the Site:.
9. Intel1erence_ SSLP will resolve technical interference problems with other
equipment located at the Site on the Commencement Date or any equipment
that becomes attached to the Site at any future date when SSLP desiles to
add additional equipment to the Site. Likewise, Owner will not permit or suffer
the installation of any future equipment wtJich (a) results in technicaf
interference problems with SSLP's then existing equipment or (b) encroaches
onto the Sile_
10. UtiCities. Owner represents that utilities adequate for SSLP's use of the
Site are a\o'ailable. SSLP Will pay for an utilities used by it at the Site. Owner
........_---~
April 99
will cooperate with SSLP in SSlP's efforts to obtain utitiUes from any locatIon
provided by Owner or the serviCing utility, including sIgning any easement 01
other instrument reasonably reqUired by the utility company.
11. Termination. SSLP may terminate this Agreement at any lime by notice
to Owner without further liability jf SSLP does not obtain all permits or otheJ
approvals (collectively. uapprovan required from any governmental authorit~
Of any easements required from any third party to operate the PCS system, Or
if any such approvaJ is canceled, expires or is WIthdrawn or termmated, or it
Owner fails to have proper ownership of the Site or authority to enter Into thiS
Agreement. or if SSLP. for any other reason. in Its sole discretion, deterrmne~
that it will be unable to use the Site. Upon termination. all prepaid rent Will be
retained by Owner unless such termination is due to Owner's failure of proper
ownership or authority, or such termination IS a result of Owner's default.
12. Default. If ei1:her party is in default under this Agreement for a period 01
(a) 15 days (ofrowing receipt of nottce from the non-defaulting party with
respect to a default whteh may be cured solely by fhe payment of money, 01
(b) 30 days following receipt of notice from. the non-defaulling party with
respect to a defalilt which may not be cured solely by the payment of money,
then. in either event, the non-defaulting party may pursue any remedie~
available to it agamst the defaulling party under applicable law. including. but
not limited to, the right to terminate this Agreement If the non.mol1etaf)
default may not reasonably be cured within a 30-day period. this Agreemenl
may not be 1ermlnated If the defaulting party commences action to cure the
default within such 30-day period and proceeds With due diligence to fully cure
the default
13. Indemnity. Owner and SSlP each indemnifies the other against and
holds the other harmless from any and all costs {induding reasonable
attorneys' fees} and claims of liaMity or lass which arise out of the ownership,
use andJor occupanc)' of the Site by the mdemnifying party. This indemnity
does not apply to any daims ariSing from the sole negligence or intentional
miSconduct of the indernnified party. Owner does not waive Its tort'iablllt)
limits under Minnesota sta1e statutes. The Indemnity obligations under this
Paragraph wiU survive tennination of this Agreement
14. Hazardous Substances. Owner represents lhat it has no knowledge of
any substance, chemical or waste (coUectively, .substance, on the Site that i~
identified as hazardous, toxic or dangerous in any applicable federal, stale or
local taw or regulation. SSLP will not introduce or use any such substance on
the Site in violation of any applicable law.
15. Subordination and Non-Disturbance. This Agreement is subordinate te
any mortgage or deed of trust now of record against the Site However,
promptly after the Agreement is fulfy executed, Owner will use diligent effort~
to obtain a non-disturbance agreement reasonably acceptable to SSlP tram
the holder of any such mortgage or deed of trust
16. TaKes. SSLP will be responsible for payment of all personal property
taxes assessed directly upOn and arising sorery from its use of the
communications facility on the Site. SSLP will pay to Owner any increase in
real property taxes attributable solely 10 any improvements to the Site made
by SSLP within 60 days after receipt of satisfactory documentation indicating
calculation of SSLP's share of such real estate taxes and payment of 1he real
estate taxes by Owner Owner will pay when due all other real estate taxes
and assessments attributable to the property of Owner of which the Site IS 2
part.
17_ Insurance. SSlP will procure and maintain commercial general tiabilll)
insurance, with fimits of not less than $1,000.000 combined single limit pel
occurrence for bodily injury and property damage Jiability. with a certiflC3te of
msurance to be furnished to Owner within 30 days of written request SUCh
porlcy will provide that cancellation will not occur without at least 15 days priol
wlitten notice to Owner. Each party hereby waives its right of recovelJ'
against the other for any loss or damage cove/ed by any insurance pol;cie~
maintained by the waiving party. Each party will cause each insurance pelie)-
obtained by it to proVide that the insurance company waives all rights 01
recovef)' against the other party 10 connection with any damage covered by
such policy.
18. Malntenance_ SSLP will be responsibre for repairing and maintaining the
pes system and any other improvements installed by SSLP at the Site in a
proper operating and reasonably safe condition; provided. however if any such
repair or maintenance is required due to the acts of Owner, its agents o(
employees, Owner shall reimburse SSLP for the reasonable costs incurr-ea b)
SSlP to restore the damaged areas to the- condition which existed
immediately prior thereto. Owner witr maintain and repair all other portions 01
the property of which the Site is a part in a proper operating and reasonabl)
safe condition
19_ Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the parties to this
Agreement; (b) this Agreement is governed by the laws of the state in which
the Site is located: (c) If requested by SSlP, ONner agrees promptly to
execute and deliver to SSLP a recordable Memorandum of this Agreement in
the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes
the entire agreement between the parties and supersedes all prior written and
verbal agreements, representations, promises or understandings between the
parties. Any amendments to this Agreement must be in writing and executed
by both parties; (e) if any provision of this Agreement is invalid or
unenforceable with respect to any party. the remainder of this Agreement or
the applfcation of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this
Agreement will be valKl and enforceable to the fuUest extent pem1itted by law;
and (f) the prevailing party in any action or proceeding in court or mutually
agreed upon arbitration proceeding to enforce the teons of this Agreement is
entitled to receive its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
20, Non.Binding Until Fully Executed. This Agreement is for discussion
purposes only and does not constitute a formal offer by either party. This
. Agreement is not and shall not be binding on either party until and unless it is
fully executed by both parties.
The fonowing Exhibits are attached to and made a part of this
Agreement Exhibits A and B.
By:
Its: City 'A mi istrator
Name: lyn7 I
Date: I .." ~
I
Tax No.: 41-6008992
Address: 1450 West Highway 96
Arden Hills, MN 55112-5794
By:
lis: D
Date:
'"
EXHIBIT A-1
Site Name: Arden Hills Water Tower
PCS Site lease Agreement
Site I. D. MS14XC859A
Site Description
Site situated in the City of Arden Hills, County of Ramsey, State of Minnesota, commonly described as follows:
Property lepal Description:
The North 240 feet of the East 150 feet of the Northwest One Quarter ofthe Southeast One Quarter. (subjectto roads) in
Section 27, Township 30. Range 23, Ramsey County. Minnesota.
leased Premises and Access EasementleQal Description:
.z&SA'.D P.N4'GS.A"S Uc;.JZ .D.A"SCN.nYO.A('
That part of tho Northwest One Qucutsr ot tho Southecst One
Quorter of Section 27. T01lff18hip 3D, Range 23 described ""
foUowe:
Tho 50mh 20.00 f8<ll of tile North 220.00 feet ofth. _ 20.cO
feet of the &1st 94.00 r...t of sald Northwe$l On. Quorbor of lt1e
Southeast One Quarter of Section Z7, TownsNp 30. Rang. 23,
Ram...y C.u~ Mlnnosota.
ACC.A"SS .J!'ASfY.A"ffr .c.raa .DKSCNr7YO&
A 20.00 foot ingre$3 and egR88 et!setn6J}t 0Mr. under, and <OCr088
tho _ One Quarter of tho So<Iv-t CI"" Quorter of
So<:tlon 27. Townohlp 30, Range 23. Th.. cenw Une of llOjd
20.00 loot ingre.. ond eg""'. _ b doeeribod 09 foUoW$:
Cornrnenclltg at the north_ _ of tho ~orth.....1 Ono Quorter
of the South<>oot 0"" Quarter of .<>Id Section 27; I""""" South 89
devJeo. 39 mlnut... 27 _cmda Wool on an ....umod bearfng
olong the North line of tho I>I._.t an. Quarter of the
Soul..."'" One QIrort", 0 _co of t-40.00 feet to tho point of
boglnnlng; thence Soulh 00 degA>eS 36 mlnuUs 42 ..coada e:.ost
o dlet4.- of 175.17 feel; lIMn... olong 0 tun!lORt/<ll CUlVe
concave to tho north808t Itavlng 0 rodlus of 35.00 "'01. Q clIIltrol
ongl.. of 89 dog_ 43 mlnuta 31 oecond. ond ore lenuth of
501.&1 feet, 0 chonI clblonce of 48.3S f<tOt and 0 chonI booring
of SOulll ~ cI_.. 28 minutes 38 _ East; thance North
89 degrees 39 minute. 27 llOCOnds Eost 0 dIstance of 11.16 feet
and thore tBrmlnoltng.
AS,&/. .
THE PROPERtY CONTAINS 30.000.0 SQUARE Fur OR 0_69 ACRES.
Z&S.J!' A&'A.'
lHE u:ASE AREA CONTAINS 4OO.0Cl SQUARE FEET OR 0.01 ACRES.
Lessor Initials 12P.
SSLP inJtials~
Note lessor and SSlP may, at SSlP's option, replace this Exhibit with an exhibrt setting forth the legal description of the
property on which the Site is tocated and/or an as-built drawing depicting the Site. .
"fUse this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of
Option Agreement.j
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EXHIBIT B
Site Name: Arden Hills Water Tower
PCS Site Lease Agreement
Site I. D.: MS14XC859A
Memorandum of pes Site Lease Agreement
-This remorandum eviden~s Jhat a lease was made and entered into by written PeS Site Lease Agreement dated
t z, I ,4!l!l!f. tletween City of Arden Hills, a Minnesota municipal corporation ("Lessor") and Sprint Spectrum L.P.,
a Delaware limited partnership ("SSLP").
Such Agreement provides in part that Owner leases to SSlP a certain sile ("Site") located at 1230 Red Fox Road, Arden Hills,
MN 55112 and also known as PID # 27-30-23-42-0001, County of Ramsey, State of Minnesota, within the property of Owner
which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric
and telephone facilities for a term of five (5) years commencing on ~ ~ "31 ,at\')(), which term is subject to four (4)
additional five (5) year extension periods by SSLP. 0
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"SSLP"
::"'X'~~6 ~
Name:~rs
Title: Director of Site Development
Address: 9801 W. Higgins Road, Suite 220
Rosemont, IL 60018
By: '"
Name: Dennis Probst
:~. M"~
Name: Jo ynch
Title: City Administrator
Address: 1450 West Highway 96
Arden Hills, MN 55112-5794
Lessor Initials> ~
SSlP Initials ~
,
Attach Exhibit A - Site Description
.
lESSOR NOTARY BLOCK:
STATE OF MINNESOTA
COUNTY OF RAMSEY
s:}-
The foregoing instrument was acknowledged before me this '8-l ;...---- day of U ~ ..----
Oennis Probst as Mayor 01 City of Arden Hills, a Minnesota Municipal Corporation, on behalf of the corpbration.
-:~~
I IAL NOTARY SIGNATURE)
NOTARY PUBLIC - STATE OF MINNESOTA
, 2000, by
(AFFIX NOTARIAL SEAL)
SHEIlA STOWELL
-, NlIiC
-
--_....".-
,She-Il "- ~re-((
(PRtNTEO. TYPEO OR STAMPED NAME OF NOTARY)
LESSOR NOTARY BLOCK:
STATE OF MINNESOTA
COUNTY OF RAMSEY
'Cfr
The foregoing instrument was acknowledged before me thiS~! ~ day of ~ .2000, by
Joe lynch as City Administrator of City of Arden Hills, a Minnesota Municipal Corporation, on behalf the corporation.
~~
c (OFFfCIALNUIAf<Y Sf Rio)
NOTARY PUBLIC - STATE OF MINNESOTA
(AFFIX NOTARIAL SEAL)
l'~~l
8 'he/l 01.. ~ -w-JL\!
(PRINTED. TYPEO OR STAMPED NAME OF NOTARY)
SSlP NOTARY BLOCK:
STATE OF
\ "u...\~10
COOY-.-
COUNTY OF
The foregoln9.,nstrument was acknowledged before me this 1J>r\L. day of F'~,^01l.u1 ,2000, by
James G. Meypr~ Olrector of Site Development of Spnnt Spectrum LP., a Delaware lirhited partnership, who
executed the foregoing instrument on behalf of such corporation . oj
I' OFFICIAL SEA(' (OFFICIAL NOTARY SIGNATURE1/
MELANIE A WEYER NOTARY PUBLIC - STATE OF .Livl
NOTARY PUBlIC. STATE OF JlUNOI&
My COMMtSSHlH (XNq8:08IZ2.<t3
MEIJ\NIE A. WEYER
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
Attachment 4J -4
Report to the Planning Commission
From October 3, 2007.
Available online at:
httn: f fwww.ci.arden-hills.mn.usfnlanningcases
October 29,2007, City Council Meeting