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1h US West Tower/Bandimere CITY OF CHANHASSEN City Center Drive, PO Box 147 &anhassm, Minn,sota 55317 Phon, 612,937.1900 Gmeral Fox 612937.5739 !ginming Fox 612937.9152 bliè Safety Fax 612934.2524 'eb www.ci.chanhassm.mn.UJ iÅ - MEMORANDUM TO: Scott Botcher, City Manager Todd Gerhardt, Asst. City ManagerW July 5, 2000 FROM: DATE: SUBJ: Site Lease Agreement with US West Wireless Attached for the City Council's consideration is a site Lease Agreement with US West Wireless (Attachment #1). US West Wireless is requesting to locate a 55- foot tower at Bandimere Park (see Attachment #2 site plan). The following is a summary of the terms and conditions of the proposed lease: Term: Initial term - 5 years Rent: $53,000 up front rental = ($800 per month x 5 yrs. plus 5% inflation factor) Permitted Use: Transmission and reception ofPCS telephone and radio communication signals. Facility to be located on Site: 55 foot tower, antennas, and equipment or building. Future Co-location: Tenant shall allow co-location of antennas by other cellular phone provides. The city would receive additional rent by other cellular phone providers that may locate on this tower. Renewal: The tenant has the right to extend this lease for four (4) additional 5 year terms and rent shall be increased by 12 Y, % for each renewal term, compounded. Improvements: 'The tenant shall, at the tenant's expense, relocate the emergency warning siren on the tower. The tenant shall also allow the city (some time in the future if needed) to add a light fixture to the tower for the purpose of lighting the ball field. Utilities: The tenant will pay all utilities and taxes if charged. I know it is difficult approving another tower in our community, but they are necessary as we expand our use of wireless technology (phone service, pagers, internet, GPS, etc.) In trying to limit the number of these towers, we have asked for future co-location of other users on the same tower. I believe Roger has done an excellent job in negotiating a fair lease agreement. He was also successful in getting all 5 years ,worth of rent up tront and including the inflation factor. City ofChanbasstn. A flOwin! community with cltan lak,s, quality schools, a charminr downtown. thrivinr busin'lIts, and beautiM parks, A mat Place to live, work, and play Scott Botcher July 5, 2000 Page 2 The pole and equipment are being located in an area where the existing tree line can be used as a buffer to the south and additional landscaping would be installed to screen the cabinets along the walking path. Moving the siren to this location also reduces the noise impact on the two homes that are located adjacent to the existing siren. Approval of the lease provides the city with a light pole and siren platform, providing a long term benefit for the community. RECOMMENDATION Staff recommends approval of the Site Lease Agreement with US West Wireless, L.L.C. to locate a 55 foot tower and cabinets/equipment at Bandimere Park. UPDATE Staff sent a letter and copy of the site plan to the Kiowa Trail neighborhood on July 11th for their review and comment. As of the today's date (7-19-00), staff has not received any comments from the neighborhood (see Attachment #3). ATTACHMENTS 1. Lease Agreement. 2. Site plan. g:\admin\tg\us west leasc-e.doc Site 1.0, #: MIN·378 Site Name: BANDlMERE PARK COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("this Lease") is entered into this _ day of . 2000, between CITY OF CHANHASSEN, a Minnesota municipal corporation ("Landlord") and U S WEST Wireless, L.L.C., a Delaware limited liability company, whose address is 1860 Lincoln Street, 14th Floor, Denver, Colorado 80295 ("Tenant"). FOR GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY AND PREMISES. Subject to the following terms and conditions, Landlord leases to Tenant use of a portion of the real property (the "Property") described in Exhibit "A". Tenant's use of the Property is subject to all existing easements and shall be limited to that portion of the Property, together with appurtenant non-exclusive easements for access and utilities on a non- exclusive basis, described and depicted in attached Exhibit "B" (collectively referred to hereinafter as the "Premises"). The primary purpose of Landlord's ownership of the Property is to: operate and maintain a park to provide recreation opportunities to residents of Chanhassen. The Premises, located at 9405 Great Plains Boulevard (Bandimere Park), Chanhassen, Minnesota 55317. 2. TERM. The initial term of this Lease shall be five (5) years, commencing on , 2000 (the "Commencement Date") and ending on 2005. 3. PERMmED USE. The 'premises may be used by Tenant only for permitted uses, which are the transmission and reception of PCS telephone and radio communication signals and for the construction, maintenance, repair or replacement of related facilities, a 55-foot tower, antennas, equipment or buildings and related activities. Tenant shall obtain, at Tenant's expense, all licenses and permits or authorization required for Tenant's use of the Premises from all applicable government and/or regulatory entities (the "Governmental Approvals") and may (prior to or after the Commencement Date) obtain a title report, perform surveys, soil tests, and other engineering procedures or environmental investigations on, under and over the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations and Governmental approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord), where required, to perform such procedures or obtain Governmental Approvals. Landlord agrees that Tenant shall have the right to immediately terminate this Lease without any penalty or liability, if Tenant notifies Landlord of unacceptable results of any title report or the surveyor soil test. Landlord also agrees that if, based on the result of any environmental investigation or inquiry undertaken prior to the Commencement Date, Tenant determines that the condition of the Property is unsatisfactory, Tenant may, without any penalty or liability, immediately terminate this Lease. 88028.051Clean of Redlined ,,041 RNK:r05115/00 CHANIU S WEST Wireless IBandimerePark! Site 1.0. #: MIN·378 Site Name: BA.DIMERE PARK 4. &rf!. a. Upon the Commencement Date, Tenant shall pay Landlord, as rent, Fifty-three Thousand and NO/100 Dollars ($53,000.00) ("Rent"). Rent shall be payable in advance to Landlord at Landlord's address specified in Section 13 below. Tenant may not add additional equipment cabinets and/or antennas from that shown on Exhibit "C" without the approval of the Landlord, which approval shall not be unreasonably withheld or delayed. This provision shall not apply to replacement equipment resulting from technology changes or repairs. If technologically feasible, Tenant shall allow co-location of antennas by other cellular phone providers. There shall be additional Rent charged for the additional equipment and/or antennas that are installed based upon the amount of new equipment or antennas in proportion to the then current Rent under this Lease and other similar communication sites. b. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated based on a thirty (30) day month, as of the date of termination, and in the event of termination for any reason other than non payment of rent, or default by Tenant, all prepaid Rents shall be refunded to Tenant. c. In addition to Rent, Tenant agrees to timely pay its share of any taxes, real or personal, required as a result of this Lease. 5. RENEWAL. Tenant shall have the right to extend this Lease for four (4) additional five- year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein except that the Rent shall be increased by 12V2% for each renewal term, compounded. This Lease shall automatically renew for each successive Renewal Term unless Tenant shall notify Landlord, in writing, of Tenant's intention not to renew the Lease, at least 90 days prior to the expiration of the term or any Renewal Term. 6. INTERFERENCE. Tenant shall not use the Premises in any way which interferes with the use of the property by Landlord, or Tenants or licensees of Landlord, with rights to the property prior in time to Tenant's (subject to Tenant's rights under this lease including non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use, any portion of Landlord's properties in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon notice from the other, be responsible for immediately terminating said interference. In the event any such interference does not cease within 24 hours after notice is given, the parties acknowledge that continuing interference may cause irreparable injury, and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring action to enjoin such interference. Interference is deemed to be a default, and this Lease may be terminated as provided in Section 9(a) below. 7. IMPROVEMENTS: UnLI11ES: ACCESS. a. Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, including without limitation a 55-foot tall antenna tower and base (the "Monopole"), and radio transmitting and receiving antennas as provided 86026,051Clean of Redlined ,,041 RNK:r05/15/00 2 CHAN/U S WEST Wireles. IBandim... Pork! Site 1.0, #: MIN·378 Site Name: BANDIMERE PARK in Section 7(b), and an electronic equipment shelter (collectively the "Antenna Facilities"). A light fixture acceptable to the City shall be located on the tower. The purpose of the light fixture is the illumination of the Landlord's park. Landlord shall control turning the light on and off. Landlord may also locate an emergency warning siren on the tower. Tenant shall pay the energy cost for the light fixture and warning siren and the cost of moving the siren from its present location and installing it. Landlord shall pay for replacement of the fixture, including light bulbs. Landlord's prior consent to the plans and specifications for the Antenna Facilities and other improvements shall be required but shall not be unreasonably withheld or delayed and shall be deemed given as to those items listed in Exhibit "C" hereto. Any damage done to the Premises during installation or during operations shall be repaired at Tenant's expense within thirty (30) days after written notification of damage. Tenant shall complete its initial installation in a timely fashion. Landlord shall inspect Tenant's initial installation, and any subsequent operating changes made by Tenant, and shall notify Tenant of any punch list items that must be completed. Tenant shall complete all punch list items within thirty (30) days after receipt of written notification by the Landlord. Failure to complete the punch list items shall constitute a material breach of this Lease, and Landlord shall be entitled to terminate this Lease as provided in Section 9 of this Lease. Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of the Lease. Tenant shall cause all construction to occur lien- free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities, but not the tower, following any termination of this Lease. b. Prior to adding additional transmitter or receiver frequencies on the premises, Tenant agrees to notify the Landlord of the modified frequencies so that the Landlord can perform the necessary interference studies to insure that the modified frequencies will not cause harmful radio interference to other existing Premises leases. Tenant will be required to pay the reasonable costs for said study or studies which will be performed by Landlord's professional communications engineer. In the alternative, Tenant may perform the interference studies and submit the results to the City. c. Tenant shall, at Tenant's expense, keep and maintain the Premises, and its Antenna Facilities now or hereafter located thereon in commercially reasonable condition and repair in compliance with all applicable FCC rules and regulations and good engineering practices during the term of this Lease. Upon termination of this Lease, the Premises shall be returned to Landlord in similar condition, reasonable wear and tear excepted. e. Tenant shall pay any additional utilities charges due to Tenant's use. Tenant shall pay any additional charges due to its use of existing telephone lines or installation of additional telephone lines. If Tenant uses existing telephone lines, and Landlord later needs these lines, Tenant shall allow Landlord use of those lines and Tenant is responsible for installing new lines at its own expense. Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Premises (including, but not limited to the installation of emergency power generators). Landlord hereby grants an appurtenant non-exclusive easement to place utilities on, or to bring utilities across the Property in order to service the Premises and the Antenna Facilities. The utilities may not interfere with the Landlord's use of the park and shall be relocated at Tenant's expense if they interfere with future park use. Landlord shall not be responsible for any damages which occur as a result of interruption of utility services. f. As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an appurtenant non-exclusive easement ("Easement") for ingress, egress, and access 86026,05ICI"n of Redlined ,,04) RNK:r05/15/00 3 CHAN/U S WEST Wireless (BandimereParkl Site 1.0, #: MIN·378 Site Name: B'IDIMERE PARK (including access described in Section 1) to the premises adequate to service the Premises and the Antenna Facilities at all times during the tenm of this Lease or any Renewal Term. Upon notice, Landlord shall have the right, at Landlord's sole expense, to relocate the Easement to Tenant, provided such new location shall not materially interfere with Tenant's operations. Any Easement provided hereunder shall have the same term as this Lease. g. Tenant shall have 24 hours a day, 7 days a week access to the premises at all times during the term of this Lease and any Renewal Term. h. Tenant agrees that if its communications equipment produces noise levels that cause a disturbance to the surrounding neighbors of the Property, Tenant will at its own expense install noise mitigating equipment or a buffer to meet State noise standards. 8. DEFAULT. Any of the follow occurrences, conditions, or acts shall be deemed a "Default" under this lease: a. If Tenant fails to pay amounts due under this Lease within thirty (30) days of its receipt of written notice that such payments are overdue; b. If either party fails to observe or perform its obligations under this Lease and does not cure such failure within the time provided in Section 9(a) without, however, limiting any other rights available to the parties pursuant to any other provisions of this Lease. c. Except as expressly limited hereby, Landlord and Tenant shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default. 9. TERMINAnON. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: a. Upon sixty (60) days' written notice in the event of a default (as defined above), which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); however, if reasonable efforts have been commenced prior to the expiration of the 60-day period, it shall not be considered a breach; b. Upon sixty (60) days' written notice by Tenant, if Tenant is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant's business, or if the site becomes technologically impractical to the Tenant's telecommunications system; c. Upon sixty (60) days' written notice by Tenant if the Premises are or, become unacceptable under Landlord's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. d. Upon thirty (30) days' written notice if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonible judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the 86D26.05IClea. of Redlined ,,041 RNK:r05/15/00 4 CHAN/U S WEST Wi,oIe.. (BandimerePadc) Site 1.0. #: MIN·378 Site Name: BAIIDlMERE PARK parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and/or Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; e. Upon sixty (60) days' written notice by Landlord in the event that the use of the Property as a park is jeopardized because of Tenant's use of its Antenna Facilities. Prior to giving Tenant notice pursuant to this Section 9(e), Landlord must give Tenant written notice of the reasons which constitute jeopardy to the park use. Tenant shall be allowed thirty (30) days to cure the situation to the reasonable satisfaction of Landlord; f. Upon sixty (60) days' written notice by Landlord, if its Council decides to sell or redevelop the Property and/or discontinue use of the Property for park purposes; g. Upon sixty (60) days written notice by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, and the failure to comply is not cured within sixty (60) days of receipt of written notice of failure to comply, and after a public hearing before the Landlord's Council; h. In the event the whole of the Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof from Landlord. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account or any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. i. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual Rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Section 4 and Tenant has paid the annual Rental for that year. j. Upon termination of this Lease, Tenant shall, within ninety (90) days thereof, remove all of its Antenna Facilities from the Premises. Tenant, at its expense, agrees to return the Premises to its original condition, ordinary wear and tear excepted. Any of Tenant's property remaining on the Premises ninety (90) days after the expiration or the termination of this Lease shall be removed by Landlord at Tenant's cost and expense and shall become the property of Landlord free of any claim by Tenant or any person claiming through Tenant. k. Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by 86026,051Clean of Redlined v,04I RNK:r05115/00 5 CHAN/U S WEST Wirefess !Bandimere Park) She 1.0. #: MIN·378 Site Name: BANDlMERE PARK the return receipt. All Rentals paid for the Lease prior to said termination date shall be retained by Landlord. 10. ~. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Tenant shall timely pay, as additional Rent, any property taxes or payment in lieu of taxes levied against the Premises (excluding any additional taxes that relates to the period prior to the Commencement Date) which is directly attributable to Tenant's use of the Premises, and Landlord agrees to furnish proof of such taxes to Tenant, if requested. 11. INSURANCE. a. Worker's ComDensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. b. General Liabilitv. The Tenant must maintain an occurrence form comprehensive general liability coverage. Tenant may self-insure for the amounts and types of insurance required by this Section l1(b). If Tenant elects to self-insure, Tenant shall notify Landlord of its intent to self-insure, and shall receive Landlord's prior written approval, which approval shall not be unreasonably withheld. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. c. Automobile Liabilitv. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of rides afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided by Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. d. Tenant ProDertv Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Premises. The amount of coverage shall 86026,05ICI... of Redlined v,04) RNK:r05/15/00 6 CHAN/U S WEST Wireleu IBandimet'8Park) Site 1.0, #: MIN·378 Site Name: BANDIMERE PARK be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. e. Adiustment to Insurance Coveraae Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by twenty-five percent (25%) over the preceding Term or Renewal Term. f. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated B+ (XIII) or better), licensed to do business in the State of Minnesota, which includes all coverages required in this Section 11. Tenant will list the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be cancelled, non-renewed, or material changed without thirty (30) days prior written notice to the Landlord. 12. DEFENSE AND INDEMNIFICATION. a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be ~ asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Premises. b. Hazardous Materials. Without limiting the scope of Section 12(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or ilÌ. connection with the cleanup or restoration of the Premises associated with the Tenant's use of Hazardous Materials. For the purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. c. Tenant's Warranty. Tenant represents and warrants that its use of the Premises will not generate and Tenant will not store or dispose of on the Premises, nor transport to or over the Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Premises. The obligations of this Section 12 shall survive the expiration or other termination of this Lease. 13. NOTICES. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addressed: 86026,051Clean of Redlined '.041 RNK:r05115/00 7 CHANIU S WEST Wir~e" (Bandimere Park) Site 1.0, #: MIN·378 Site Name: BAIDIMERE PARI[ If to Landlord, to: City of Chanhassen C/o City Manager 690 City Center Drive, P.O. Box 147 Chanhassen, MN 55317 (952) 937-1900 with a copy to: Chanhassen City Attorney CAMPBELL KNUTSON 1380 Corporate Center Curve, Suite #317 Eagan, MN 55121 Telephone: (651) 452-5000 If to Tenant: US WEST Wireless, L.L.C. c/o US WEST Communications Group Real Estate Services 8200 East Belleview, Suite 500 Englewood, CO 80111 Attention: PSI Manager/Wireless with copy to: US WEST Wireless, L.L.c. c/o US WEST Communications Group Real Estate Services 8200 East Belleview, Suite 500 Englewood, CO 80111 Attention: Regional Real Estate Manager 14. LIMITAnON OF LANDLORD'S U"BIUTY. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, except wrongful termination of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. OUIET ENJOYMENT. TITLE AND AUTHORITY. Landlord warrants that (i) it has full right, power and authority to execute this Lease; (Ii) it has good and unencumbered title to the Premises free and clear of any liens or mortgages, except those disclosed to Tenant which will not interfere with Tenant's right to or use of the Premises; (iii) the Premises constitute a legal lot; and (iv) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on Landlord. 86026,05IC~an of Redlin'" ,,04) RNK:r1J5/15/OÐ 8 CHAN/U S WEST Wireless IBandimere Parle) Site 1.0, #: MIN·378 Site Name: ØA.DIMERE PARK Landlord covenants that at all times during the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 16. ASSIGNMENT. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's parent, affiliates, or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this Section, an "affiliate", "parent" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Premises. Upon assignment, Tenant shall be relieved of all obligations under this Lease. 17. SUCCESSORS AND ASSIGNS: BINDING EFFECT. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 18. MISCELLANEOUS. a. Enforcement and Attornevs' Fees. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and courts costs, including appeals, if any. b. Estoppel Information. Each party agrees to furnish to the other, within sixty (60) days after request, such truthful estoppel information as the other may reasonably request. c. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. Exhibits "A" through "E" are incorporated into this Lease by reference. d. Broker's Fees. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. e. Memorandum of Lease. Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in the form attached hereto as Exhibit "D") necessary to protect it's rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party. f. Governina Law. This Lease shall be construed in accordance with the laws of the state in which the Property is located. g. Severabilitv. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall constitute in full force and effect. 86026,05IClo.. of Re~ined v,04) RNK:r05115/00 9 CHAN/U S WEST Wireless IBandimere Pork) Site 1.0. #: MIN·378 Site Name: BANDIMERE PARK h. Countercarts. This Lease may be signed in counterparts by the parties hereto. Signed by the parties on the Execution Date specified on page 1. LANDLORD: CITY OF CHANHASSEN TENANT: U S WEST Wireless, L.L.C. BY: BY: Nancy K. Mancino, Mayor Its AND Scott A. Botcher, City Manager This Instrument was Drafted by: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, MN SS121 Telephone: (651) 452-5000 RNK:sm 86026.051Clean of Redlin.d v,04) RNK:r05/15/00 10 CHAN/U S WEST Wind... (BandimereParkl Exhibit "A": Exhibit "6": Exhibit "C": Exhibit "D": 86026.051Clean of Red6ned ,,041 RNK:r05115/00 Site 1.0. #: MIN·378 Site Name: BANOIMERE PARK LIST OF EXHIBITS Legal Description of the Property. Sketch and Description of the Premises. Equipment/Initial Installation. Memorandum of Agreement. 11 CHAN/U S WEST Wireless IBandimerePark) EXHIBIT "A" TO COMMUNICATION SITE LEASE AGREEMENT LEGAL DESCRIPTION OF LANDLORD'S PROPERTY: 86026.05IClean .f Redlined v.041 RNK:r05/15100 12 Site 1.0. #: MIN·378 Site Name: B..DlMERE PARK CHAN/U S WEST Wireless IBandimere Perk) EXHIBIT liB" TO COMMUNICATION SITE LEASE AGREEMENT SKETCH AND DESCRIPTION OF THE PREMISES: \ 86026,051Clean of Redlined ,,041 RNK:r05/15/00 13 Site 1.0. #: MIN·378 Site Name: BANDlMERE PARK CHANIU S WEST Wireless IBandimerePark) 86026.0SIClean of Redlined v,04I RNK:illSIISIOO EXHIBIT "C" TO COMMUNICATION SITE LEASE AGREEMENT EQUIPMENT ¡INITIAL INSTALLATION: 14 Site 1.0, #: MIN·378 Site N.me: BAMDIMERE PaRK CHAN/U S WEST Wir~... IBondime.. P...., -.-.. _... ,.---- Site 1.0. #: MIN·378 Site Name: BANDlMERE PARK (Reserved for Recording Data) EXHIBIT "D" TO COMMUNICATION SITE LEASE AGREEMENT MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that a Communication Site Lease Agreement was made and is hereby entered into by written Communication Site Lease Agreement effective the _ day of . . between the CITY OF CHANHASSEN, a Minnesota municipal corporation, whose address is set forth below ("Landlord"), and US WEST Wireless, L.L.C., a Delaware limited liability company, whose address is 1860 Lincoln Street, 14th Floor, Denver, Colorado 80295, ("Tenant") the terms and conditions of which are incorporated herein by reference. Such Communication Site Lease Agreement provides, in part, that Landlord, for valuable consideration, leases to Tenant a part of that certain property owned by Landlord which is described in Exhibit "A" attached hereto and incorporated herein for a term of five (5) years commencing on . 2000, which term is subject to four (4) additional five (5) year option terms. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement this _ day of . 2000. LANDLORD: CITY OF CHANHASSEN TENANT: U S WEST Wireless, L.L.C. By: NOT FOR EXECU710N Nancy K. Mancino, Mayor By: NOT FOR EXECU710N And Its: Scott A. Botcher, City Manager 86026.051Clean of Redlined v,04I RNK:r05115/00 15 CHAN/U S WEST Wireless !BandimereParkl Site 1.0. #: MIN·378 Site Name: BAIOIMERE PARK STATE OF MINNESOTA ) ) ss. COUNìY OF ) The foregoing instrument was acknowledged before me this _ day of . 2000, by Nancy K. Mancino and by Scott A. 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QO co::I ~ r- ~ = tf').c~ = '" __ I:),() rI'J :;æ~ = = IrJ co::I tf').c O'IU ¡j .6- ~ E j¿ _ c . 0 ... .- ~. ::¡ [,J 'S ~ c ¡.:.¡ ~ ¿s ::::='= ~~~ Q., ~ ~ j~ "'0 !j- 2 ~ - - ~ ~ 'E .~ '5 -g ;;¿ CITY OF CHANHASSEN City Center Driv" PO Box 147 nanhassen, Minn,sota 55317 Phon, 6129371900 General Fax 612937.5739 19inming Fax 612,937.9152 blic Safety Fax 612,934.2524 'feb llIU.'IL'.cÎ.rlJanhasml. mil. lIS July 5, 2000 Dear Kiowa Trail Residents: The Chanhassen City Council is considering entering into a Site Lease Agreement with U.S. West Wireless to locate a 55-foot tower (monopole), antennas, and cabinets in Bandimere Community Park to improve cellular phone coverage in your area. This request is consistent with the City's Ordinance regulating the installation of cellular towers in city parks (see attachment). In addition, the city is proposing to relocate the existing weather alert siren to this tower. I have attached a site plan indicating the proposed location of the tower and a photo of how the tower will look upon completion. Please review the plans and if you have any questions regarding this request, please call me at 937-1900 ext. 119. City staff will be presenting this item to the City Council at their July 24, 2000 meeting at 6:30 p.m. at City Hall. Sincerely, /~4~ Assistant City Manager TG:ns G:\admin\tg\Kiowa TrailMemo I:' 'L '" ( (" ',' ,. .-\ PI. ", __f' " .. ~. , Citv ofCbanhassen, A rrowinr community with clean lak,s, aualitv schools, a chamsinr downtown, thrivinr business,s, and beautilùl parks, A rrtal place 10 live, work, and Pla" § 20-1461 CHANHASSEN CITY CODE Sec. 20-1461. District application. "HC-l" District shall be applied to and super imposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the "HC-l" District shall be in addition to these established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply. (Ord. No. 212, § 8, 7-11-94) Sec. 20-1462. Building and parking orientation. The building and parking orientation standards for the "HC-l" District shall apply, together with the following additional requirements: (1) On building lots that abut Highway 5 directly, the minimum building setback from the highway right-of-way shall be seventy (70) feet. The maximum building setback from the highway right-of-way for all buildings except single family residences shall be one hundred fifty (150) feet. No maximum building setback shall apply to si~gle family residences. (2) On building lots that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be fifty (50) feet. The maximum building setback from the boulevard right-of-way shall be one hundred (100) feet. (Ord. No. 212, § 8, 7-11-94) Sec. 20-1463. Architectural design standards. The architectural design standards for the "HC-l" District shall apply, with the exception of section 20-1456(c) which shall not apply. Sec. 20-1464. Landscape design and site furnishings. The landscape design and site furnishings standards for the "HC-l" District shall apply. (Ord. No. 212, § 8, 7-11-94) Sees. 20-1465-20-1499. Reserved. ARTICLE XXX. TOWERS AND ANTENNAS Sec. 20-1500. Purpose and intent. The purpose of this article is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the city. The city finds it necessary to adopt Supp. No.9 1286 ZONING § 20-1502 standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The council finds that these regulations are necessary to: (1) Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the city; (2) Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; (3) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community; and (4) Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent public and private property. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1501. Findings. The city finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction. location, size, and mainte- nance of wireless telecommunication facilities be controlled. Further, the city finds [that]: (1) Thwers and antennas have a direct impact on, and a relationship to, the image of the community; (2) The manner of installation, location. and maintenance of towers and antennas affects the public health, safety,\welfare, and aesthetics of the community; (3) A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs; and (4) Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and thereby undermine economic value and growth. (Ord. No. 259, § 1, 11-12-96) . Sec. 20-1502. Building permits. (a) It shall be unlawful for any person, firm, or corporation to erect, construct, replace, re-erect, or repair any tower without first making application for and securing a building permit as provided in this article. (b) The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Code requirements. (c) Permits are not required for: (1) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. Supp. No.9 1287 § 20-1502 CHANHASSEN CITY CODE (2) Antennas and/or towers erected temporarily for test purposes, for emergency commu- nication, or for broadcast remote pickup operations, provided that the antennas or towers are not located on public rights-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pickup operations shall be removed within seventy-two (72) hours following installation. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1503. Height restrictions-Determination; maximum height. (a) Height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. (b) [Maximum height.] Except as provided in the following section, maximum heights for towers are as follows: (1) In all residential zoned property, the maximum height of any tower, including all antennas and other attachments, shall be eighty (80) feet. (2) In all nonresidential zoning districts, the maximum height of any tower, incl~ding all antennas and other attachments, shall not exceed a height of one hundred fifty (150) feet. The city council may allow towers up to two hundred (200) feet high if the applicant can demonstrate that, based upon the topography of the site and surround- ing areas, antenna design, surrounding tree cover and structures and/or through the use of screening, off-site views of the tower will be minimized. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1504. Same-Exceptions. The following are exceptions to the maximum height restrictions for towers: (1) Multi-use towers designed to accommodate more than one (1) user may exceed the height limitations of section 20-1503 by up to twenty-five (25) feet. (2) Antenna devices over eighty (80) feet in height which are attached to an existing structure and not freestanding may be located in residential zoned districts under the following conditions: a. Antennas are located úpon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures. b. Antennas are limited to a height of fifteen (15) feet projecting above the structure. The city council may permit antenna heights of up to twenty-five (25) feet above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the property, off-site views of the antenna are minimized to acceptable , levels. (Ord. No. 259, § 1, 11-12-96) < Supp. No.9 1288 ZONING § 20-1506 Sec. 20-1505. Setbacks. Towers shall conform with each of the [following] minimum setback requirements: (1) Tower shall meet the setbacks of the underlying zoning district with the exception of industrial and business zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or business zoned district and the tower does not encroach upon any easements. (2) Towers shall maintain a minimum setback of ten (10) feet from all property lines. (3) For sites that are acljacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower. (4) Towers shall be set back from all planned public rights-of-way by a minimum distance equal to one-half ('12) of the height of the tower, including all antennas and attach. ments. (5) Towers shall not be located between a principal structure and a public street. (6) A tower's setback may be reduced, or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line_support device, or similar structure. (7) No tower, antenna, or accessory structure shall be located in a wetland or within the wetland setback. (8) In a residential district, the required setback from a property line for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground. may reduce the required setback by the amount equal to the distance from the point of attachment to the ground, (Ord, No. 259, § 1, 11-12-96) Sec. 20·1506. Towers in residentially zoned districts. Towers to be located in residentially zoned areas are subject to the following restrictions: (1) Towers supporting amateur radio antennas shall conform to all applicable provisions of section 20-915 of the City Code. (2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: a. Church sites. when camouflaged as an architectural feature such as steeples or bell towers; b. Park sites, when compatible with the nature ofthe park; and c. Government. school, utility, and institutional sites. (3) Only one (1) tower shall exist at anyone (1) time on anyone (1) residential parcel with the exception of towers designed to replicate an existing structure. (Ord. No. 259, § I, 11-12-96) . Supp. No, 9 1289 § 20-1507 CHANHASSEN CITY CODE See. 20-1507. Multiple principal uses and structures on single lot. For the purposes of this article, one (1) tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this chapter. (Ord. No. 259, § 1, 11-12-96) See. 20-1508. Construction requirements. All antennas and towers erected, constructed, or located within the city shall comply with the following requirements: (1) All applicable provisions of this Code [shall be complied with]. (2) Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the UDÜorm Building Code and the eléctronics industry association and all other applicable reviewing agencies. (3) With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any , part of the right-of-way, public street, highway. sidewalk, or property line. (4) Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) All towers shall be constructed to conform with the requirements of the occupational . safety and health administration. , (6) All towers shall be protècted against unauthorized climbing. (7) Metal towers shall be constructed of, or treated with, corrosive-resistant material. (8) The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations adminis- tered by that agency or that the tower is exempt from those regulations. (Ord. No. 259, § I, 11-12-96) . Sec. 20-1509. Tower and antenna design. Proposed or modified towers and antennas shall meet the following design requirementS: (1) Towers and antennas, including supporting cables and structures shall be designed to blend into the surrounding environment through the use of color, camouflaging, and architectural treatments. Communication towers not requiring FAA or FCC painting! marking shall have either a galvanized finish or be painted a noncontrasting color consistent with the surrounding area, such as blue, gray, brown, or black finish. Supp. No.9 1290 ZONING § 20-1510 (2) Commercial wireless telecommunication service towers shall be of a monopole design, unless the city council determines that an alternative design would better blend into the surrounding environment. <Ord. No. 259, § I, 11-12-96) Sec. 20-1510. Co-location requirements. All personal wireless communication towers erected, constructed, or located within the city shall comply with the following requirements: (1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building witlùn a one-mile search radius (one-half-mile search radius for towers under one hundred twenty (120) feet in height; towers under eighty (80) feet are exempt from this requirement) of the proposed tower due to one (1) or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed profes- sional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and interference cannot be prevented at a reasonable cost. c. Existing or approved towers and buildings witlùn the search radius cannot accommodate the planned equipment at a height necessary to function reason- ably, as documented by a qualified and licensed professional engineer. d. Other unforeseen reasons that make it unfeasible to locate the planned telecom- munications equipment upon an existing or approved tower or building. e. Existing or approved towers or buildings are not in the sel'\'Ïce area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the user. (2) The applicant must demonstrate that a good faith effort to co-locate on existing towers and Structures was made, but an agreement could not be reached. (3) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one (1) additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. No. 259, § 1, 11-12-96) . Supp. No, 9 1291 J § 20-1511 CHANHASSEN CITY CODE Sec. 20-1511. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. (Ord. No. 259, § 1, 11-12-96) See. 20.1512. Signs and advertising. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities. (Ord. No. 259, § I, 11-12-96) Sec. 20.1513. Accessory utility buildings. All utility buildings and structures accessory to a tower may not exceed one (1) story in height and four hundred (400) square feet in size, and shall be arclùtecturaIly designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick, or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to [with] existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. (Ord. No. 259, § I, 11-12-96) Sec. 20·1514. Landscaping. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the architectural . character of the surrounding area. Removal of existing ,shrubs and trees shall be minimized through careful site selection and design. Landscaping shall comply with the standards provided in chapter 20, article XXV of the City Code. (Ord. No. 259, § I, 11-12-96) Sec. 20.1515. Antennas mounted on roofs, walls, and existing towers. The placement of wireless communication antennas on roofs, walls, and existing towers may be administratively approved by the city, provided that the antenna meets the requirements of tlùs Code and the following: (1) The maximum height of an antenna shall not exceed fifteen (15) feet above the roof and shall be set back at least ten (10) feet from the roof edge. Supp. No, 9 1292 ZONING § 20-1518 (2) Wall- or facade-mounted antennas may not extend five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building or structure. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1516. Permit application for mounting antennas on existing structures. In addition to the submittal requirements required elsewhere in this Code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information: (1) A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirement of this Code; (2) A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code; (3) A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and (4) Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1517. Appeals. An applicant may appeal an administrative decision under this article to the city council. Following review and recommen'dation by the planning commission, the city council shall make a final determination on the application. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1518. Existing antennas and towers. . Antennas and towers in residential districts and in existence as of November 21, 1996, which do not conform to or comply with this article are subject to the following provisions: (1) Thwers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this article. (2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this article; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty (50) percent or more of the cost of a new tower oflike kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. (Ord. No. 259, § 1, 11-12-96) Supp, No.9 1293 § 20-1519 CHANHASSEN CITY CODE Sec. 20-1519. Time limit on tower completion. Once a tower is approved by the city, the tower must be substantially completed within one (1) year, including any structures accompanying the tower, following the date of permit. (Ord. No. 259, § 1, 11-12-96) Sec. 20·1520. Abandoned or unused towers. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows: (1) All abandoned or unused towers and associate facilities shall be removed witlún twelve (12) months of the cessation of operations at the site unless a time extension is approved by the city council. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. (2) Unused portions of towers above a manufactured connection shall be removed within two (2) years, six (6) months of the time of antenna relocation, if the unused portion exceeds twenty-five (25) percent of the height of the tower or tlúrty (30) feet, wbichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (3) After the facilities are removed, the site shall be restored to its original or an improved condition. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1520.1. Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecom- munications. All applications for new service shall be in compliance with FCC regulations. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1521. Supplemental application information. . In addition to the information required elsewhere in this Code in an application for a building permit for towers and their antennas, applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer that provides the following: a. Describes the tower height and design, including a cross-section and elevation; b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; and Supp. No, 9 1294 ZONING § 20-1551 d. Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number. (2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. (Ord. No. 259, § 1, 11-12-96) Sec. 20·1522. Temporary mobile towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an administrative permit and shall comply with the following standards: (1) The height of the tower shall not exceed ninety (90) feet including trailer platform. (2) Temporary mobile towers shall maintain the setbacks as contained in section 20-1505. The setback shall be maintained from the trailer platform. (3) Temporary mobile towers shall be prohibited in residential zoning districts. (4) Temporary mobile towers shall have a minimum tower design windload of eighty (80) miles per hour and shall comply with the requirements in section 20-1508. (5) A temporary mobile tower may be permitted for up to one hundred twenty (120) days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to section 20-381. (6) Temporary mobile towers shall require a building permit and comply with section 20-1516. Mobile units shall have the opportunity to appeal the administrative decision subject to section 20-1517. (8) Mobile units shall not interfere with public safety telecommunications subject to section 20-1520. (Ord, No. 275. § 2, 10·13-97) (7) " Secs. 20-1523-20-1550. Reserved. ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT Sec. 20-1551. Purpose. The Bluff Creek Watershed Area and the development within it have a major influence on environmental quality in the city and the region. Development within the corridor must be Supp. No, 11 1295 ~ tz, (!)09tS .~asel ITY OF CHANHASSEN 10 CITY CENTER D ) BOX 147 HA SEN MN 55317 EVIN S & TERESA A FINGER '800 BEARPATH TRL )EN PRAIRIE MN 55347 ARK J & KARl A NETTESHEIM 51 GREAT PLAtNS BL -JANHASSEN MN 553 I 7 )NALDJ FRlGSTAD .70 KIOWA TRL -JANHASSEN MN 55317 ,MIE & STEPHANIE HEILlCHER 80 KIOWA TRL 1ANHASSEN MN 55317 lEDERICK W & JUDITH AMRHEIN 50 KIOWA TRL 1ANHASSEN MN 55317 \UL R & MICHELLE ZAKARIASEN o 94TH ST W 1ANHASSEN MN 55317 TY OF CHANHASSEN '0 CITY CENTER DR ___----- ) BOX 147 ---' ~~E~ MN 55317 \ YMOND J & CHARLOTTE BRANDT ) BOX 722 1ANHASSEN MN 55317 ARK J & KAREN G GALLER 76 KIOWA TRL 1ANHASSEN MN 55317 WILLIAM C BERNHJELM 9380 KIOWA TRL CHANHASSEN MN 553 t 7 ROBERT C & MARYJANE EICKHOLT 9390 KIOWA TRL CHANHASSEN MN 553 I 7 JAMES E & JEAN M SLOSS 9360 KIOWA TRL CHANHASSEN MN 55317 JEFFERY C & MARYELLEN J SEELEY 9366 KtOWA TRL CHANHASSEN MN 55317 saqel SSaJpp\f .-- ®AH3J\V\i