1g Water Tower Lease Agmt
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone 952.227.1180
Fax: 952.227.1190
Engineering
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Fax: 952.227.1170
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Phone: 952.227.1120
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Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax 952.227.1110
Web Site
\'II'II'I.cLchanhassen .mn .us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Justin Miller, Assistant City ManagerJ"" ~
ti~
DATE:
January 12,2005
RE:
Amendment to Water Tower Lease Agreement with
Verizon Wireless
BACKGROUND
In 1997, the City entered into a water tower lease agreement with US West (now
Verizon Wireless) for the placement of up to twelve cellular phone antennas on
the W. 76th Street water tower. This lease had an initial term of five years, with
the option of two additional five year renewal terms. The rent structure was set as
follows:
Initial five year term (May 1997-April 2002)
First renewal term (May 2002 - April 2007)
Second renewal term (May 2007-ApriI2012)
$1,500/month
$1,380/month
$1,587/month
Verizon also provided the City with three portable telephones, batteries and
adapters as part of their rent. According to the lease, they are to provide the City
with comparable equipment at the beginning of each renewal term.
Staff has been contacted by Verizon in regards to amending the lease agreement
to increase the number of antennas from twelve (12) to fifteen (15). The current
layout of the antennas would remain the same (circular pattern around the neck of
the tower - see Exhibit B-1), but there would be fifteen smaller antennas instead
of twelve larger ones.
The current lease agreement would need to be amended to allow for the additional
antennas. During this process, it was discovered that Verizon had continued to
pay the initial term rent throughout the first renewal term. Because of this, they
have overpaid the City in the amount of $7,680. In return for allowing the new
antennas, staff is recommending that this overpayment be treated as compensation
to the City and the current rent structure remain in place. Additionally, since the
City no longer uses Verizon cellular equipment, a $1,000 payment will be made at
the beginning of the second renewal term in lieu of the three Verizon cellular
telephones.
All applicable permits will be required to be obtained for the removal and
installation of the antennas, and the engineering department will approve any
work to ensure that the water tower is not adversely impacted. The City Attorney
has reviewed this amendment and finds it to be satisfactory.
The City of Chanhassen . A growing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
RECOMMENDATION (Simple majority required)
Staff recommends that the Chanhassen City Council approve the attached
"Amendment No.1 to Water Tower Antennae Agreement" with Verizon Wireless
LLC for the placement of fifteen cellular antennas on the W. 76th Street water
tower.
MIN Dovetail
AMENDMENT NO.1 TO WATER TOWER ANTENNAE AGREEMENT
This Amendment No.1 to Water Tower Antennae Agreement ("Amendment") between the City
of Chanhassen ("City") and Verizon Wireless (V A W) LLC d/b/a Verizon Wireless, successor in
interest to U S West New Vector Group, Inc., with its principal offices located at 180 Washington
Valley Road, Bedminster, New Jersey 07921 ("Communications Company"), is an amendment
that is hereby made a part of and incorporated into the existing Water Tower Antennae
Agreement ("Agreement") dated June 25th, 1997, for certain space at City's Water Tower.
1. Modifications to the Agreement.
A. Item "c" of the Recitals Section is amended to allow for a total of fifteen (15)
antennas.
B. The Agreement is amended to allow an installation consistent with Exhibit B-1,
which is attached hereto and made a part hereof.
C. City agrees that as of the time of this Amendment, Communications Company has
overpaid City in an amount equal to Seven Thousand Six Hundred and Eighty and 00/100
Dollars ($7,680.00). As consideration for the additional antennas and equipment as depicted in
Exhibit B-1 and for granting this Amendment, City shall retain the overpayment as
compensation in full. Rent as defined in Section 3 of the Agreement shall remain unchanged.
D. Subsection "B" of Section 3 of the Agreement, "Supplementary Equipment", is
deleted in its entirety by this Amendment. The Agreement is amended to require
Communications Company to make a one-time payment to City in an amount of One Thousand
and 00/100 Dollars ($1,000.00) at the beginning of the 2nd Renewal Term.
E. The Agreement is amended to provide a new notice address for Communications
Company as follows:
Verizon Wireless (V A W) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
2. Ratification of Agreement.
The parties do hereby ratify and confirm all of the terms and conditions of the Agreement as
modified by this Amendment.
MIN Dovetail Amendment No. 1
736096vl
1
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals
the day and year written below.
City:
Communications Company:
City of Chanhassen
Verizon Wireless (VA W) LLC
d/b/a Verizon Wireless
By:
Name: Tom Furlong
Its: Mayor
By:
Howard H. Bower
Its: Midwest Area Vice President-Network
By:
Name: Todd Gerhardt
Its: City Manager
Date:
Date:
[ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
MIN Dovetail Amendment No.1
736096vl
2
ACKNOWLEDGEMENTS
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of ,200_, before me, the undersigned, a Notary Public
in and for the State of Minnesota, duly commissioned and sworn, personally appeared
and , the Mayor and the City
Manager of the City of Chanhassen, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of the City, for the uses and purposes
therein mentioned, and on oath stated that they are authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Print Name:
Notary Public in and for the State of Minnesota
My appointment expires:
LESSEE ACKNOWLEDGMENT
STATE OF INDIANA )
) ss.
COUNTY OF HAMILTON )
On this day of ,200_, before me, the undersigned, a Notary Public
in and for the State of Indiana, duly commissioned and sworn, personally appeared Howard H.
Bower, to me known to be the Midwest Area Vice President-Network of Verizon Wireless
(VA W) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of Verizon Wireless (V A W) LLC d/b/a
Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he is
auth0l1zed to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Print Name:
Notary Public in and for the State of Indiana
residing at
My appointment expires:
MIN Dovetail Amendment No. 1
736096vl
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MIN Dovetail Amendment No.1
736096vl
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Exhibit B-1 (page 2 of 3)
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NOTE:
PAINT PROPOSED ANTENNAS
& MOUNTING PIPES TO
MATCH EXISTING TOWER
PAINT FINISH:
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"CUMULAS"
~ 76' A.G.L. RAD CENTER
1068.3' A.M.S.L.
EX I STI NG
PAINTERS RINGS
EXISTING WATER TOWER
SITE ELEVATION (LOOKING NORTH)
MIN Dovetail Amendment No.1
736096v I
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ANTENNA MOUNT DETAIL
MIN Dovetail Amendment No.1
736096vl
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EXIST LPD-7905/8 ANTENNAS,
3 PER SECTOR. (REMOVE
ONE PER EA SECTOR)
EXIST 8" STEEL MOUNTING FRAME
2" ID GALV PIPE WI 3"
U-BOLT TO CHANNEL
PROPOSED LPA-185080/8
ANTENNA. (4' TALL).
2 PER SECTOR I 6 TOTAL
EXISTING LADDER WI
SAFETY CLIMB CABLE
Q
EXISTING 2-1/2" DIA
PIPE, THREE TOTAL.
FIVE JUMPERS PER
EA PENETRATION.
COAX HANGING LADDER
REMOVE 3 LINES EXISTING AIR
7/8" & INSTALL 6 NEW LINES
OF FOAM 7/8"