HomeMy WebLinkAbout11-26-07 Item 8A, PC 07-024 1230 Red Fox Road CUP
~
~HILLS
Request for Council Action
Prepared By: James Lehnhoff
Dept.: -~Col11mlln_ity De Pf!l~,~,t
Council Mtg. Date: . .....m...... "f1.:26~o7... ......
Final Action Needed By: -f2:j"O=ti"t'""
Agenda Item:
8.A
Budgeted Amount:
Actual Amount:
Funding
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:1. Approve Planning Case 07-024 for a Conditional Use Permit amendment at 1230 Red Fox Road based on the findings of fact and the:
isubmitted plans as amended by the twelve conditions in the November 26,2007, planning case report.
!2. 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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iA. Approve Planning Case 07-024 for a Conditional Use Permit amendment at 1230 Red Fox Road based on the findings of fact and thei
!submitted 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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10-03-07
[s.ii~jj&rn~\illrIg9~!lW&(lls"rla~~i!I\'1ii!llijjjjiL
i X !Memo/Letter: November 26.2007, Memo to the City Council
i Resolution No.:
iOrdinance No.:
! !Engineering Recommendation:
----'-----------.--...............----------
!Attorney Recommendation:
.'8A-1: Conditionaf"Use Permit amen-ani-lint, Lease Amen-ct"nl"Emt No.1, anc"fffie Original Lease Agreement"l
from February 29, 2000
i X IOther:
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, If this proposal is approved, the lease rate paid to the City for the Sprint cellular antennas on the Red Fox Road City water tower would
increase from $13,500 per year to $18,000 per year.
None.
~
~~HILLS
MEMORANDUM
DATE:
November 26, 2007
CC Agenda Item 8.A
TO: Mayor & City Council
FROM: James Lehnhoff, City Planner
SUBJECT: Planning Case #: 07-024
Conditional Use Permit amendment
Baran Telecom, Agent for Sprint-Nextel (Richard Markus)
1230 Red Fox Road
Request
I. 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 November 26,2007, planning case report.
2. Approve Amendment No. I to the February 29,2000, PCS Site Agreement between Sprint
Spectrum LP. and the City of Arden Hills as proposed in the November 26,2007, planning case
report.
Update
At their October 29,2007, meeting, the City Council voted to table the Conditional Use Permit
amendment and lease amendment number one from Sprint-Nextel in order to gather information
regarding lease rates and antennas heights from nearby municipalities.
Backl!round of Request
Sprint currently has twelve antenna mouuts with six actual antennas installed on the City's water
tower at 1230 Red Fox Road. Currently, there are four antenna mounts with two actual antennas
at the 60, 80, and 100 foot levels. Sprint is proposing to install two new antennas at the 152 foot
level of the water tower and remove the eight antennas mounts and the four actual antennas at
the 60 and 100 foot levels and vacate that area back to the City. The four antenna mounts with
the two actual antennas at the 80 feet level would remain.
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In order to make room for the two new antennas at the 152 foot level, the Sprint is proposing to
remove a Nextel antenna at the 154 foot level. Removing the Nextel antenna will create room
for one of the proposed new Sprint antennas at the 152 foot level. The other proposed Sprint
antenna at the 152 foot level would be in a location that previously did not have an antenna.
Since the total number ofNextel antennas is decreasing and the replacement antennas are not
outside ofthe approved leased area for Nextel, the Nextel antenna removal does not require a
CUP or a lease amendment. Although under a different lease, Nextel is owned by Sprint, and
Sprint has authorized the Nextel antenna change.
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 ofthe 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. The Public Works Director has also reviewed the
changes and does not have any concerns based on the submitted plans.
There are no proposed changes to the existing ground equipment at the site. The result ofthis
CUP amendment would be a net reduction of seven cellular antenna mounts and three actual
antennas on the water tower. The vacated space at the 60 and 100 foot levels of the water tower
would revert back to the City's control and could be leased to other companies.
Sprint-Nextel
Sprint leased the twelve antenna mounts at the 60, 80, and 100 foot levels from the City in 2000.
Nextelleased the nine antennas mounts at the 154 foot level in 1995. In 2004, Sprint purchased
Nextel; however, the leases have remained separate, in part because they use different cellular
communication technologies. The cellular technology used by the Sprint side of the company,
called CDMA, is different from the cellular technology used by the Nextel side of the company,
which is called iDEN.
Cellular Antenna Lease Rate Comparison
Staff contacted the cities of Roseville, New Brighton, Shoreview, Mounds View, and Vadnais
Heights in order to compare lease rates for cellular antenna on water towers and other city owned
structures of similar heights. It is difficult to make direct comparisons because the circumstances
of each tower is somewhat unique due to different population densities, structure densities,
ground elevation, the total number of antennas at each site, and the ground elevation of antennas
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at each site. However, despite the site differences, it does appear that the current lease rate for
the Sprint antennas at the Arden Hills water tower is below the average lease rate of nearby
municipalities. The median lease rate for antennas at the -150 foot level is approximately
$18,000 with a range of$9,516 per year to $27,231 per year. The City's current lease rate with
Sprint is $13,800.
Staff discussed the lease rate differences with Richard Markus of Baran Telecom, the
representative for Sprint-Nextel. Sprint-Nextel has agreed to raise the yearly lease rate to
$18,000 if the CUP and lease amendments are approved. A revised lease amendment was
submitted (Attachment 8A-I). All other terms of the existing lease would remain the same,
including the scheduled lease rate increases and the length of the lease. The lease rate is
scheduled to go up by 15 percent every five years. The rate increased in 2005 and will increase
again in 2010 to $20,700 based on the new rate. The lease will still expire in 2025.
If the Council determines it is necessary, a consultant can be contracted to prepare a full study of
market rates for cellular tower antennas. A consultant would be able to fully consider the
variables of each tower site to determine a more accurate market rate for cellular antenna leases
in this market. Unfortunately, it is unlikely that such a study could be completed before the City
Council is required to make a decision on this CUP amendment. The City must make a decision
by December 20,2007, unless the applicant grants an extension to the City.
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 Sprint/N extel 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
Increase.
6. The guardrails on which the antennas will be mounted are structurally capable of
handling the additional load.
On the Conditional Use Permit amendment 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
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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 ofthe 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 of the 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 hannful 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 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 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.
11. Applicant agrees to vacate any access rights to those areas of the water tower where
antennas have been removed.
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12. Any termination of the lease agreement will lead to a termination of the Conditional
Use Permit amendment.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. lfthe 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. The application can only be tabled with the consent of the
applicant.
The City Attorney's review of the Conditional Use Permit amendment and the Lease
Amendment were not finalized prior to the release of this memo. If there are any changes to the
CUP or lease amendment, it will be provided prior to or at the meeting. No significant changes
are anticipated.
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). The City provided the petitioner with written reasons for an additional 60 day
review period and, therefore, the City must now make its decision by December 30, 2007. An
additional extension will require written approval from the applicant.
Attachments
8A-1
Conditional Use Permit amendment, Lease Amendment No.1, and the Original Lease
Agreement from February 29, 2000
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Attachment SA-1
Conditional Use Permit amendment,
Lease Amendment No.1, and
the Original Lease Agreement from
February 29, 2000
November 26, 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. On the 4th day of September, 2007, Baran Telecom, an agent for Sprint
Spectrum L.P. ("Permittee"), a Delaware limited partnership, submitted
a completed application for review of a conditional use permit
amendment to install two (2) new antennas on the Arden Hills City water
tower at 1230 Red Fox Road at a height of 152 feet as more particularly
described in the attached Exhibit A. Permittee also proposes to vacate
and remove four (4) of its antennas and equipment currently installed at
the 100 foot level and four (4) of its antennas and equipment currently
installed at the 60 foot level on the tower. There are no proposed
changes to Permittee's two (2) antennas and equipment currently
installed at the 80 foot level on the tower. Permittee will have a final
configuration of two (2) antennas installed at the 152 foot level, two (2)
antennas installed at the 80 foot level on the tower, and two (2)
additional supports for antennas at the 80 foot level as shown on Exhibit
A.
C. 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 amendment (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. The approval of the
City of Arden Hills is subject to the following conditions.
A. The Project shall be completed in accordance with the plans
submitted in Exhibit A 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.
B. The antennas and all mounts shall be painted to match the color of
the water tower.
C. 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.
D. A building permit shall be obtained for all proposed antennas prior to
installation.
E. At the time the new antennas are placed on the water tower those
that have been identified for removal shall be removed.
F. The antennas and antenna mounts shall not be moved or added and
building permits shall not be issued until Lease Amendment No. 1 is
approved by the City Council (Exhibit B).
G. All cables associated with this project shall be properly secured and
will not impede the use of the access tube in the water tower.
H. 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.
I. Applicant agrees to vacate any access rights to the four antenna
mounts at the 60 foot and 100 foot levels as shown on Exhibit A.
J. 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.
Dated this 26th day of November, 2007
2
CITY OF ARDEN HILLS
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
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2007\07-024 Sprint-Nextel CUP (ce Tabled)\CUP
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3
Site Name: ARDEN IDLLS WT - RED ROX RD.
Site ID #: MSI4XC859
AMENDMENT NO. I TO PCS SITE AGREEMENT
This Amendment No. I to PCS Site Agreement ("Amendment")... effective as of the date last signed below ("Effective
Date"), amends a certain PCS Site Agreement between Sprint Spectnnn L.P. ("SSLP") and The City of Arden Hills ("Owner"),
dated February, 29, 2000 (the "PCS Site Agreement").
BACKGROUND
and
WHEREAS, Owner and SSLP entered into the PCS Site Agreement for the use of a certain portion of the Land and Tower;
WHEREAS, SSLP desires to modify its installation on the Site by replacing and relocating its antennas as more particularly
described in Exhibit A-3 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 SSLP agree as follows:
1. Modification to the Facilities. The Lease is hereby amended to permit SSLP to install two (2) new antennas on the tower at a
height of 154 feet as more particularly described in the attached Exhibit A-3. SSLP shall vacate and remove four (4) of its antennas
and equipment currently installed at the 100 foot level and four (4) of its antennas and equipment currently installed at the 60 foot level
on the tower. There will be no change to SSLP's two (2) antennas and equipment currently installed at the 80 foot level on the tower.
SSLP will have a fmal configuration of two (2) antennas installed at the 154 foot level, two (2) antennas installed at the 80 foot level
on the tower, and two (2) supports for antennas at the 80 foot level. 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
pennitted 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. Modification to Rent. In consideration for the modifications contemplated by this Amendment, effective upon the first day
of the month following conunencement of construction or installation of the new, relocated or modified Facilities, the monthly Rent
will be increased by Three HlUldred Fifty and nollOO Dollars ($350.00) to a total montWy rent of One Thousand Five HlUldred and
no/IOO Dollars ($1,500.00).
3.. 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: Sprin1lNextel Property Services, Mailstop
KSOPHTOIOI-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, with a mandatory copy to: Sprin1lNextel Law
Department, Mailstop KSOPHTOIOI-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney.
4. General Terms and Conditions.
(a) All capitalized terms used in this Amendment, unless otherwise defmed herein, will have the same meaning as the
terms contained in the Agreement.
(b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms 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 lUlchanged 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 perform their respective obligations under this Amendment.
The parties have executed this Amendment as of the Effective Date.
Owner:
City of Arden Hills
SSLP:
Sprint Spectrum LP.
a Delaware limited partnership
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Site Plan
The Site is described and/or depicted as follows:
Insert Site Plan:
See Attached
EXHIBIT A-3
TO SITE AGREEMENT
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~, Slle Name Arden HjJJs Water Tower
pes SITE AGREEMENT
8ft. t. D. MS14XC859A
f. Premises and Use. Owner leases to Sprint Spectrum l.P., a Delaware
limited partne1Ship rSSlP"}. the site described below:
~heck 8fJpropriate box(esJ} .
J'f Land consisllng of approximately 400 square feet opon which SSLP will
construct Its,if equipment base station and 0 antenna structure;
o Building interior space consisting of approximately _ square feet;
o Buildmg exterior space for attachment of antennas;
o Building exterior space for placefTlent of base station equipment;
~ Tower antenna space between the fst:2 foot and lJ:2!z. foot level on ,he
Tower: ...
)t Space required for cable runs to connect PCS equipment and antennas,
in the location(s} (~Stf:e1 shown on. Exhibit A, together with a non-exduslVe
easement fOf reasonable access thereto and to the appropriate, In the
discretion of SSLP, source of electric and telephone facilities. The Site will be
used by SSLP for the purpose of installing. removing. replacing, modifying.
maintaining and operating, a1 its expense, a personal communications service
system facility (~PCSO), mcfuding, without limitation, antenna equipment, cable
Wlnog, back~up power sources (including generators and fuel storage tanks),
related fixtures and, If apptlcable to the Site.. an antenna structure. SSlP WIll
use the Site in a manner WhiCh will not unreasonably disturb the occupancy of
Owner's orner tenants SSLP will have access to th~ Site 24 hours per day, 7
days per week.
2. Tenn_ The term of this Agreement (the -Initial Term--) is 5 years,
commencing on the date ("Commencement Date-) both SSlP and Owner
have executed this Agreement. This Agreement will be automatically renewed
for four additional terms (each a RRenewal Term-) of 5 years each. unless
SSlP provides Owner notice of intention not to renew not less than 90 days
prior to the eXPiration of the Initia~ T enn or any Renewal Tenn.
3. Rent Until the date which is 60 days after the issuance of a building
permit, rent wilJ be a one-tune aggregate payment of $100.00, the receipt of
which Owner acknowledges. Thereafter, rent will be paid in equal monthly
instaUments of $1.000 (until increased as set faith herein). partial months to
~ be prorated. in advance. Rent for each Renewar Term will be the annual rent
~ in effect for the tina' year of the Initial Tenn or prior Renewal Term, as the
~ case may be. increased by fifteen percent (15%).
~ 4. Title and Quiet PossessiOh. Owner represents and agrees fa) Ihat it is
.1- the Owner of the Site, (b) that it has the right to enter into this Agreement;.
rJ (c) that the person signing thfs Agreement has the authority to sign; (d) that
! SSlP is entlUed tOo access to the Site at all times and to the quiet possession
of the Site throughout the lnittal Term aod each Renewal Term so tong as
SSlP is not In default beyond the expiration of any CUre period, and (e) that
Owner shall not have unsupervised access to the Site or to the pes
..,. equipment
f 5. Assignment/Subletting. Tenant shall have the right to sublease- or assign
its rights under this Agreement without notice 10 or consent of Owner.
6. Notices. Aft notices must be in writing and are effective only when
~ deposited in the U.S. mail. oertified and postage prepaid, or when sent via
r overnight delivery. Notices to SSLP are to be sent to: James G. Meyers,
1 Director of Site Development, Sprint pes, 9801 W. Higgins Rd. #220,
Rosemont,lL 60018, with a copy to Sprint Spectrum L.P., 4900 Main, Kansas
City, MO 64112. Notices to Owner must be sent to the address shown
underneath Owner's signature.
7. Improvements. SSlP may. at its. expense, make such improvements on
the e as it deems necessary from time to time for the operation of the pes
system; pon fermination or expiration of this Agreement. SSlP may remove
tp.. its equipment and improvements and will restme the SIte to substantialfy the
~ndition existing on the Commencement Date. except for ordinary wear and
"',F-T'"-tear and casualty loss.
8. Compliance with Laws. Owner represents that Owner's property
(induding the Site), .and all improvements located thereon, are in substantial
compliance With building. life/safety, disability and other laws. codes and
regulations of applicable governmental authorities. SSLP will substantially
comply With all applicabre laws refating to its possession and use of the Site.
9. InteneJ"ence. SSLP will resolve technical intetference problems with ott'ler
equipment located at the Site on the Commencement Date or any equipment
that becomes attached to the Site at any future date when SSLP desires to
add additional equipment to the Site. Likewise, Owner wiN not permit or suffer
the installation of any future equipment which (a) results in technicaf
interference probJems with SSLP's then existing equipment Of (b) encroaches
onto the Site.
10. Utilities. Owner represents that utilities adequate for SSlP's use of the
Site are avaiJable. SSlP Will pay for aU utimles used by it at the Site. Owner
April 99
will cooperate with SSlP in SSlP's efforts to obtain utmbes from any locatiOn
provided by Owner or the servicing utinty, induding SIgning any easement 01
other instrument reasonably required by the ufility company.
11. Termination. SSLP may terminate this Agreement at any tIme by notice
to Owner without further liability if SSLP does not obtain all permits or olheJ
approvals (collectively, .approval1 required from any governmental authorit~
or any easements required from any third party to operate the pes system, 01
if any such apprO\laJ is canceled, expires or;s Withdrawn or rermlOared, or if
Owner faits 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, detennlne~
that it win be unable to use the Site. Upon tennination, all prepaid rent will be
retained by Owner unless such termmation is due to Owner's failure of propel
ownership or authority, or such termination IS a result of Owne(s default.
12. DafaulL if either party is in default under this Agreement for a period 01
(a) 15 days foffowing receipt of nottce from thenon-defaulting party with
respect to a defautt whlCh may be cured solely by the payment of money, 01
(b) 30 days following receipt of notice from the non~efau'ting party with
respect to a defal1lt which may not be cured solely by the payment of money.
then, in either event, the non-defaulting party may pursue any remedie5
available to it agamst the defaulting party under applicable law, includmg, but
not limited to, the right to terminate this Agreement If the non-monetary
default may not reasonably be cured within a 30-<fay period. this Agreement
may not be temllnated If the defaulting party commences action to cure the
default within such 30-day period and proceeos 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 liabIlity or loss which arise out of the ownership,
use and/or occupancy of the Site by the Indemnifying party. This- indemnit)
does not apply to any daims arismg from the sole negligence or intentional
misconduct of the indemnified party. Owner does not waive Its tort liabdlt~
limits under Minnesota state statutes. The mdemnity obligations under thr.:
Paragraph will survive termination of this Agreement.
14. Hazardous Substances. ONner represents that it has no knowledge oj
any substance, chemical or waste (coUectively, .substance.} on 1he Site thai is
identifted as hazardous. toxic or dangerous in any applicable federal, state or
local Jaw Of regu'ation. SSLP will not intl'Od'uce 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.
promptl.y after the Agreement is fully executed, Owner will use dIligent efforts
to obtain a non-distulbance agreement reasonably acceptable to SSLP from
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 sofely from its use of the
communications faCility on the Site. SSLP wiff pay to Owner any increase in
real property taxes attributable solely to 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 the real
estate taxes by Owner Owner will pay when due all oUter real estate taxes
and asseSSments attributable to the property of Owner of which the Site IS e
part
17. Insurance. SSlP will procure and maintain commercial generalliabllrt~
insurance, with limits of nor less than $1,000,000 combined single limit pel
occurrence for bodily injury and property damage liability, with.a certifICate of
Insurance to be furnished to Owner within 30 days of written request SUCh
pOlicy wilf provide tllat cancellation will not occur without at least 15 days prim
written notice to o.mer. Each party hereby waives its right of recovel)
against the Other for any loss or damage covered by any insurance PGlicie$
maintained by the waiving party. Each party wilt cause each insurance polie}
obtained by it to provfde that 1he insurance company waives all rights 01
recovery against the other party in connection with any damage COvered by
such policy.
18. MaIntenance. SSLP will be responsible 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, howe\ler if any such
repair or maintenance is required due to the acts of Owner, its agents or
employees, Owner shall reimburse SSLP for the reasonable costs incurred b~
SSlP to restore the damaged areas to the condition which existed
immediately prior thereto. Owner wi/{ maintain and repair an other portions ot
the property of which the Site js a part in a proper operating and reasonabl)
safe condition
19. MlsceDaneous. (a) This Agreement applies to and binds the heirs,
SUGCessors. executors, administrators and assigns of the parties to this
Agreement; (b) this Agreement is govemed by the laws of the state in which
Ihe Site is located; (e) If requesled by SSLP, OWner agrees promplfy to
execute and denver to SSLP a recordable Memorandum of this Agreement in
the form of Exhibit B; (d) this Agreement (including lhe Exhibits) constitules
the entire agreement between the partIeS and supersedes an 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 Agreemenlis invalid or
unenforceable with respect to any party. the remainder of this Agreement or
the application 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
Agreemenl wiU be valid and e"fon:eable 10 the Mest extent permitted by law:
and (f) tne prevatlfng party in any action or proceeding in court or mutually
agreed upon arbitration proceeding to enforce the tenns of this Agreement is
entitled to receive its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the non-prevaiting party.
20, Non--Binding Until F"uny Executed. This Agreement is for discussion
purposes only and does not constitute a format offer by either party- This
. Agreement is not and shan not be binding on either party until and unless it is
fully executed by both parties.
The fouowing Exhibits are attached to and made a part of this
Agreement: Exhibits- A and B.
Tax No.: 41-6008992
Address: 1450 West Highway 96
Arden Hills, MN 55112-5794
By:
Its: 0
Date:
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, Sile Name: Arden Hills Waler Tower
pes Si1e lease Agreement
Sije t o. MS14XC859A
EXHIBIT A-1
Site Description
Site siluated in the City of Arden Hills, County of Ramsey, State of Minnesota. commonly described as follows:
Prooertv Leaal Description:
The North 240 feet of the East 150 feet of the Northwest One Quarter of the Southeast One Quarter. (subject 10 roads) in
Section 27, Township 30. Range 23. Ramsey County. Minnesota.
leased Premises and Access Easementleaal DescriPtion:
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~S.A'.D PH4'm-S.KS M'a-J.c .DISC.&'.n"/O.A(.
That port of th1J Northwest One Quarter of lI1e Soutllecsl One
Quarter of Section 27. TO"",,,hlp 30, Rango 23 desaibed OS
faUowo:
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The South 20.00 feet of the North 220.00 f.el of .tho West 20.ll0
feet of tho &1st 94.00 feet of said Northwest One Quartor of "'"
Southeast One Quam.r of Seetlon 27. TOImshlp 30. Rang. 23,
Ramsoy C"unW Mrn"ooota.
ACCKSS KAS.KHK.JV?" .cK6:U .D.KSCm-.P770H
A 20.00 foot ingress cut<! _. eo_I _. under, and _
the ~ One Quarto,- of tho ~ 0"" Quarter of
~ 27. Townohlp 30, Ronve 23. Tho center line of 30id
20.00 loot ing...n and "!Ires. __ Is doocribod 09 roHon:
Commoneing at the north_ __ of the NoJ'thweot Ono Quarter
of tI!o Soulheoet One QU<lJ'tor of 8<lld SectIon 27: thence South lIlI
dogToooe 39 minutes 27 secon"" _ on an anumed bearing
along 1IIe Norlh JiM of lI1e l'lo_t One QU<lt1er of the
SouttIeoot One Clwtter 0 _"" of t.w.OO feet to ltlG point of
beglnnlng; tltenee South 00 ""'a- 36 mlRuteo 42 ......."" Eo6t
o d/atQ""" of 175.17 to<<; the""e along 0 tonl/Vl1tlal curve
conCCl\OO to the northeaet having 0 rodl.. of 35.00 f.ot. Q c_
anglo of 69 ~...... 43 mlnule# 31 ..condo and arc length of
54.81 foet. " _ dbtonce of 4lI.31! f<let and 0 chonI beari"ll
of 800M 45 d"9"'OO 26 ",rnutes 38 oecondo East; thence North
89 degrees 39 mlnutoo V seconds Eost 0 dlstonco of 11.16 foot
and thero termlnalf"IJ.
AH.KA. .
THE PROPERlY CONTAINS 30.000.0 SQUARE FEU OR 0.69 ACRES.
~KAS$ A/l&.'
lessor Initials 12P .
SSlPlmtials~
Note lessor and SSlP may, at SSlP's option, replace this Exhibit with an exhibit selling forth the legal description of the
property on which the Site is located and/or an as-built drawing depicting the Site. .
'IUse this Exhibit A for pes Site Agreement. Memorandum of PCS Site Agreement, Option Agreement and Memorandum of
Option Agreement.) .
lHE lEASE AREi'. COfoITAlNS 400.00 SQUARE FEET OR 0.01 ACRES.
. .
,.;.r
EXHIBIT B
Site Name: Arden Hills Water Tower
PCS Site lease Agreement
Site L D.: MS14XC859A
Memorandum of pes Sitt' Lease Agreement
-This remorandum eviden!i\ls lhat a lease was made and entered into by written PeS Site Lease Agreement dated
l Z, t ,~ ~etween City of Arden Hills, a Minnesota municipal corporation ("Lessor") and Sprint Spectrum LP.,
a Delaware limited partnership rSSLP").
Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 1230 Red Fox Road, Arden Hills,
MN 55112 and also known as PID # 27-30-23-42-0001. County of Ramsey, Slate 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 ~ _ -;,/ ,(1~, 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.
nSSLP"
::",";th::AC) ~
Name:~rs
Title: Director of Sile Development
Address: 9801 W. Higgins Road. Suite 220
Rosemon!. IL 60018
By: ..
Name: Dennis Probst
TIlle: Mayor
By: ~ JiJullbP.-I.4h"L ./"
Name: J:Q~=~W" I r 'l"~
Tille: City Administrator
Address: 1450 West Highway 96
Arden Hills, MN 55112-5794
Lessor Initials> ~
SSLPlnilials ~
,
Attach Exhibit A - Site Description
.
LESSOR NOTARY BLOCK:
STATE OF MINNESOTA
COUNTY OF RAMSEY
'"
.
5-+-
The foregoing instrument was acknowledged before me this '3-L :--- day of U ~ ...----
Dennis Probst as Mayor of City of Arden Hills, a Minnesota Municipal Corporation, on behalf of the corpt,ration.
~~~
I IAL NOTARY SIGNATURE)
NOTARY PUBLIC -STATE OF MINNESOTA
.2000. by
(AFFIX NOTARIAL SEAL)
.~~~I
. ~he.r I ~ ~J--l?-((
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
LESSOR NOTARY BLOCK:
STATE OF MINNESOTA
COUNTY OF RAMSEY
'2fr
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.
~~
(OFnC~LNOTARYSI R~
NOTARY PUBLIC - STATE OF MINNESOTA
(AFFIX NOTARIAL SEAL)
ll;!~t
Dht:.t.(IA. ~-w-LU
(PRINTED. TYPED OR STAMPED NAME OF NOTARY)
SSlP NOTARY BLOCK:
STATE OF
\ tA..i~1S
COOV--
COUNTY OF
The foregoin[ instrument was acknowledged before me this 1-~ day of F .e..Jo,r,^~ . 2000, by
James Co. Meypr~ Director of Site Development of Sprint Spectrum L.P.. a Delaware Ii ited partnership. who
executed the foregoing instrument on behalf of such corporation.
v OFFICIAL SEAL
MELANIE A WEYER
NOTARY PUIIUC, STATt OF IlUNOla
MYCO_N t_8:08I2_
MELANIE A. WEYER
(PRINTED. TYPED OR STAMPEO NAME OF NOTARY)