E-8 Sprint Cell Tower Lease, Downtown Water TowerCITY OF
CHANHAS3EN
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
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
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
7901 Park Place
Phone: 952.2271300
Fax: 952.227.1310
Senior Center
Phone: 952.2271125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Laurie Hokkanen, Assistant City Managmz
DATE: April 14, 2014 vk "
RE: Cell Tower Lease Agreement with Sprint
PROPOSED MOTION:
"The City Council approves the Water Tower Antennae Agreement with
Sprint for the purposes of continuing to operate a cellular telephone antenna
on the downtown water tower, located at 500 W. 76n' Street."
This action requires a simple majority of the City Council for approval.
BACKGROUND
The City has leased space on the downtown water tower to Sprint (formerly
Nextel) since 1997. The term and available extensions of the original lease will
expire in November 2014. Sprint has indicated that they wish to maintain eight
panel antennas on the tower going forward. Attached please find a lease for up to
four, five year terms (total of twenty years).
The key points of the agreement are as follows:
• The term of the lease is for five years, beginning December 1, 2014. The
lease can be extended for up to 20 years (four renewal terms of five years
each).
• Rent for the first year is $22,925. This amount increases by 3% each year.
This rent structure is similar to other cell leases in the City.
• Any taxes levied on the property due to the antennae will be paid by
Sprint.
• Any expenses incurred by the City due to the antennae will be reimbursed
by Sprint.
• The agreement may be terminated by the City if the water tower no longer
becomes needed, or if a higher priority user (such as a City or public
safety use) is needed.
• All plan review and installation inspections will be conducted by Badger
State Inspections. Sprint will reimburse the City for all costs associated
with these services.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Todd Gerhardt
April 14, 2014
Page 2
RECOMMENDATION
Staff recommends that the Chanhassen City Council approve the attached Water
Tower Antennae Agreement with Sprint for the purposes of installing cellular
telephone antennae on the downtown water tower, located at 500 West 76h Street.
This action requires a majority of the City Council for approval.
ATTACHMENT
Lease Agreement
g:\admin\Ih \cell phone towers\sprint -n"tel at downtown\lease agrmt staff report.doc
Sprint/Nextel Site ID: MS73XC679
SITE LEASE AGREEMENT
FOR WATER TOWER
THIS SITE LEASE AGREEMENT (Agreement ") is entered into this day of
20_, between the CITY OF CHANHASSEN, a Minnesota municipal
corporation with offices at 7700 Market Boulevard, Chanhassen, Minnesota 55317 -0147
( "Landlord "); and SPRINT SPECTRUM L.P., a Delaware limited partnership with offices at
6391 Sprint Parkway, Overland Park, KS 66251 -2650 ( "Tenant ").
SECTION ONE
Property and Premises
Subject to the following terms and conditions, Landlord leases to Tenant space on the
Landlord's water tower; building space at the base of Landlord's water tower; and nonexclusive
rights for ingress, egress and for the placement of cables and utilities (such areas shall be referred
to as the "Premises ") at Landlord's property located at 500 West 76th Street (the "Property ") in
the City of Chanhassen, County of Carver, State of Minnesota. The Property is described on
Exhibit "A" and the Premises (including nonexclusive rights for ingress, egress and the
placement of cable and utility access areas) are depicted on the attached Exhibit "B." The
primary purpose of the Landlord's ownership of the Property is to: (a) operate and maintain a
municipal water storage tower so as to provide water service to residents of the City of
Chanhassen; and (b) to provide communication systems to the City of Chanhassen. Landlord and
Tenant are parties to that certain Water Tower Antennae Agreement dated November 24, 1997,
as may have been amended ( "Prior Agreement "). Such Prior Agreement shall terminate at 11:59
P.M. on November 30, 2014. Regardless of any particular language in the Prior Agreement, no
further notice of termination shall be required.
Landlord initials: Tenant initials: _
"m7 1
Sprint/Nextel Site ID: MS73XC679
SECTION TWO
Use and Description of Eauipment
A. The Premises shall be used by Tenant solely for the purpose of installing,
maintaining and operating radio communications facilities, including, without limitation, utility
lines, transmission lines, electronic equipment, radio transmitting and receiving antennas,
supporting equipment and structures thereto ( "Tenant Facilities "), provided such use is not
inconsistent with the Landlord's use of the Property. The Tenant Facilities to be utilized in
connection with such use are described on Exhibit "C" attached hereto. The design and color of
the antennae, waveguide and other external equipment shall be subject to the Landlord's
approval, which shall not be unreasonably withheld or delayed. Tenant may make routine
repairs, modifications, replacements, upgrades and alterations to the Tenant Facilities as Tenant
deems appropriate. Tenant shall obtain Landlord's prior written approval (which shall not be
unreasonably withheld, conditioned or delayed) before making any visible material upgrades,
modifications, alterations or additions to the antenna, waveguide or other external equipment,
excepting like kind or similar replacement. Upon at least forty -five (45) days notice from
Landlord, Tenant, at its sole cost and expense, shall make any necessary arrangements to
reasonably assist and protect the Landlord and its contractors during any scheduled maintenance
and painting procedure on or in the leased area. Tenant agrees to allow their antennas to be
cleaned and /or painted by Landlord or its contractors in order to match the exterior color of the
water tower. Should Landlord and Tenant agree that the scheduled maintenance or painting of
the water tower will prevent Tenant from temporarily using the water tower as Tenant's
communications facility, Tenant, at its sole cost and expense, shall have the right to install and
operate a temporary antenna facility (including a Cell -on- Wheels) on a mutually acceptable
location on the Property. Tenant shall mark all their permanent coaxial cable in the water tower
Landlord initials: Tenant initials:
ro7 2
Sprint/Nextel Site ID: MS73XC679
with a tag legibly stating their company's name along with a service phone number before and
after it penetrates any real surface.
B. Pursuant to Tenant's regulatory communication licenses and subject to the terms
of this Agreement, Tenant may have use of the Premises for the transmission and reception of
radio communication signals in the frequencies permitted by the Federal Communication
Commission for communications broadcasting; for the construction, operation and maintenance
of related facilities, equipment, antennae, including the right to periodically change antenna
types, mounting locations and azimuths; and for related activities. The use of the Premises by
Tenant under this Agreement shall at all times be in accordance with the Technical Minimum
Site Standards as described on Exhibit "D." Subject to the terms herein, Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for
Tenant's use of the Premises (the "Governmental Approvals "). In addition, as long as the
foregoing activities do not interfere with the Landlord's or a pre- existing tenant's use of the
Property and provided seven (7) days advance written notice is sent to Landlord (such notice to
include a description of the type of work to be performed), Landlord agrees to allow Tenant to
perform, at Tenant's own expense, surveys, soil testing and other engineering procedures 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 and Governmental
Approvals.
C. Subject to Section Six of this Agreement, Tenant shall be allowed reasonable
access to the Premises twenty -four (24) hours a day, 365 days a year for the use of the Premises
in compliance with this Agreement.
Landlord initials:
3
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
SECTION THREE
Term
The term of this Agreement shall be five (5) years ( "Initial Term "), commencing on
December 1 2014, (the "Commencement Date "). This Agreement shall automatically renew and
extend for three (3) consecutive five (5) year ( "Renewal Term(s) ") unless Tenant notifies
Landlord in writing of its intention not to renew this Agreement at least sixty (60) days prior to
the expiration of the Initial Term or any Renewal Term. In such case, this Agreement shall be
terminated effective on the date of the expiration of the Initial Term or the current Renewal
Term, as the case may be. Each Renewal Term shall be on the same terms and conditions as set
forth herein except for the amount of annual rent, which shall be determined in accordance with
Section Four below.
SECTION FOUR
Rent
The annual rent is as shown on Exhibit "E" attached hereto. Within fifteen (15) days of
the Commencement Date and on the anniversary date of the Commencement Date ( "Anniversary
Date ") of the Initial Term and any Renewal Terms, Tenant shall pay to Landlord the annual rent
in advance. Annual rent not paid and received by Landlord when due shall be subject to a five
percent (5 %) late fee. Annual rent for any fractional year at the beginning or at the end of the
Initial Tenn or a Renewal Term shall be prorated.
SECTION FIVE
Interference
Tenant's installation, operation, and maintenance of its Tenant Facilities shall not damage
or interfere with Landlord's water tower operations and shall not interfere with Landlord's
municipal communication system located on the Property or other non - wireless carrier tenants
located on the Premises. Landlord agrees to give reasonable advance notice of any repair or
Landlord initials: Tenant initials:
"7 4
Sprint/Nextel Site ID: MS73XC679
maintenance activities related to water tower operations to Tenant and to reasonably cooperate
with Tenant to carry out such activities with a minimum amount of interference to Tenant's
transmission operations.
Tenant understands and agrees that Tenant's use of the Property is non - exclusive and
Landlord shall maintain the right to contract with other communication systems users to operate
communication equipment on the Property. Such use by other users shall not cause material
physical or frequency interference to Tenant's operation or equipment on the Premises.
It shall be the obligation of Tenant not to cause interference to other tenants occupying
the other portions of the Property prior to the execution date of this Agreement (chronological
priority for frequency protection rights) provided that the installations of other tenant's
equipment and facilities predate the installation of the Tenant Facilities and such pre- existing
users operate and continue to operate within their respective frequencies and in accordance with
all applicable laws and regulations. In the event the Landlord, Tenant or any other tenant of
Landlord experiences frequency interference, Landlord shall notify each tenant of such
interference (including Tenant), and will work with all tenants to resolve the interference. All
parties involved in the frequency interference shall, at their own expense, engage the services of
a communications engineering firm to conduct frequency interference analyses. If the suspected
interference cannot be resolved by the parties involved in such interference after consultation
with their respective engineers, then the respective engineers shall select an engineering firm to
act as a final mediator to resolve the frequency interference. The parties shall comply with the
mediator's findings. Priority shall be given to the tenant with the longest tenure at the Property.
For the purposes of determining tenure, Tenant's tenure commenced at the Property on
November 24, 1997.
Landlord initials: Tenant initials:
e7 5
Sprint/Nextel Site ID: MS73XC679
SECTION SIX
Improvement: Utilities, Access
A. Tenant shall have the right, at Tenant's expense, to erect and maintain on the
Premises the equipment listed on Exhibit "C." Tenant shall not erect and maintain any additional
items or equipment on the Premises, except for like kind or similar replacement, without the
prior written consent of the Landlord, which consent will not be unreasonably withheld,
conditioned or delayed.
B. Tenant shall have the right at its expense and Landlord's approval, which consent
will not be unreasonably withheld, conditioned or delayed, to install utilities on the Premises in
order to operate the facilities described in this Agreement. Tenant shall at its own expense
arrange for separate metering of utility services that must be read from outside the surrounding
fence. Tenant shall at its own expense arrange for the relocation of any utilities. Tenant shall
pay for all utility services it consumes in its operations. Landlord agrees to grant to any company
providing utility or similar services, including electrical power and telecommunications, to
Tenant permission to use an open and improved public road to the Premises, and upon the
Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits,
and conduits, associated equipment cabinets and such appurtenances thereto, as such companies
may from time to time require in order to provide such services to the Premises.
C. Background checks shall be completed on all individuals who request access to
any of the water system facilities, reservoir, wells or other public works facility located within
the Property ( "Facilities" or "Facility "). Background checks performed by Tenant requesting
access for its employees cannot be used in substitution of Landlord's background check.
Landlord reserves the right to refuse access to any Facility located within or about the Property
based on the results of the background check. Landlord will update the background checks
Landlord initials: Tenant initials:
h7 6
Sprint/Nextel Site ID: MS73XC679
annually. The following guidelines represent the procedures, duties and responsibilities of
Landlord and Tenant with respect to access to the Property or Premises:
Landlord initials:
M7
i. Background Checks. Individuals, groups, and companies requesting
access to the Premises on behalf of Tenant shall submit the name of the
Tenant and other pertinent information regarding the access request to
Landlord's Operations and Maintenance Department as set forth below.
Information must be received sufficiently in advance of the visit to the
Premises to allow for the completion of a background check. The
Landlord's Operations and Maintenance Department will provide the
information to the Chanhassen Police Department who will complete the
background check. The Police Department will return the results of the
background check to the Operations and Maintenance Department for
review and disposition. Information provided to the Landlord concerning
background checks will be maintained on file for one (1) year.
ii. Procedures. All individuals must present appropriate state, federal, or
company issued photo identification before access is granted to the
Premises. All individuals, regardless of the status of the background
check, will be escorted by Landlord personnel when working within the
Facilities. Individuals with approved background checks will be allowed
to work within the Premises unescorted, subject to escort requirements for
work within Facility areas. Individuals without approved background
checks will be escorted while they are working in or around the Premises.
Tenant shall contact the Landlord's Utility Department at 952- 985 -4540
7
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
from 7:30 a.m. - 4:00 p.m. central time Monday through Friday or the
Landlord's Police Department at 952- 985 -4800 at all other times to obtain
access to the Premises. In the event of an emergency, Tenant shall not be
required to give notice to Landlord, but shall make reasonable efforts to
notify Landlord of Tenant's intent to access the Premises. Tenant is
responsible for securing the Premises when it leaves the Premises. Tenant
is responsible for disabling the intrusion alarm upon entering the Premises.
iii. Tenant Access.
• Tenant shall be issued one (1) key for the water tower and shall not
duplicate and/or copy the key. If the key is lost, all costs
associated with re- keying the locks and re- issuing keys shall be
charged to Tenant, a minimum fee of $500.00 shall be charged to
Tenant should this occur.
• If Tenant wishes to access the water tower, it must first notify the
City of Chanhassen Utilities Superintendent and Utilities
Supervisor via email no less than one (1) hour prior to its desired
arrival time at the water tower. If Tenant does not notify the
required Landlord staff, a $100.00 fee per occurrence will be
charged to Tenant as it is imperative that Landlord is aware of who
is accessing the water tower at all times.
• Tenant is responsible for securing the water tower when it leaves
the water tower. If water tower is not secured when Tenant leaves
and Landlord staff needs to respond to secure the water tower, a
Landlord initials: Tenant initials:
nro 8
Sprint/Nextel Site ID: MS73XC679
$250.00 fee plus all applicable labor costs for securing the water
tower will be charged to Tenant. Tenant is responsible for
disabling the intrusion alarm upon entering water tower. If the
intrusion alarm is activated and Landlord staff is required to
respond, a $100.00 fee plus all applicable labor costs for disabling
the intrusion alarm will be charged to Tenant.
If Landlord staff is required to assist Tenant for any other reason at
the water tower, a $100.00 fee plus all applicable labor costs for
traveling to the water tower and assisting Tenant will be charged to
the Tenant.
SECTION SEVEN
Termination
A. This Agreement may be terminated upon thirty (30) days written notice from
Landlord to Tenant in the event Rent is not paid by Tenant on or before the annual Anniversary
Date of each year during the Initial Term or any Renewal Tenn, as applicable.
B. Except as otherwise provided herein, this Agreement may be terminated, without
any penalty or further liability, following sixty (60) days written notice as follows: (1) by either
party upon a material default of any covenant or term hereof (except for the payment of rent) by
the other party, which default is not cured within sixty (60) days of receipt of written notice of
default unless such default may not reasonably be cured within a sixty (60) day period, in which
case, this Agreement may not be terminated if the defaulting party commences action to cure the
default with such sixty (60) day period and proceeds with due diligence to fully cure the default
and thereafter cures the default (without, however, limiting any other rights available to the
parties at law, in equity, or pursuant to any other provisions hereof); (2) by Tenant if it is unable
Landlord initials: Tenant initials:
M7 9
Sprint/Nextel Site ID: MS73XC679
to obtain or maintain any license, permit, or other governmental agency approval necessary to
the construction and/or operation of the Tenant Facilities or Tenant's business; (3) by Tenant if
the Premises are or become unacceptable under Tenant's design or engineering specifications for
the communication system network to which the Tenant Facilities belong; (4) by Landlord if the
Landlord in its sole discretion sells the property to an unaffiliated third party or to discontinue
use of the property for a water tower.
C. If this Agreement is terminated, the annual rent shall be prorated as of the date of
termination, and, in the event of termination for any reason other than nonpayment of rent, all
prepaid rents shall be refunded to Tenant within ninety (90) days of said termination.
D. Upon termination, Tenant shall promptly remove the Tenant Facilities, including
foundations and underground wiring, at Tenant's cost and expense. Notwithstanding the
foregoing, Tenant will not be required to remove from the Premises or the Property any
foundations or underground utilities.
SECTION EIGHT
Taxes
A. Tenant shall pay any personal property taxes and real property taxes assessed on,
or any portion of such taxes attributable to, the Tenant Facilities. Tenant shall pay any increase in
real property taxes levied against the Premises for the period from the Commencement Date
through to termination of this Agreement that is directly attributable to Tenant's use of the
Premises. Landlord agrees to furnish proof of such increase to Tenant.
B. Any tax- related notices shall be sent to Tenant in the manner set forth in Section
12.
Landlord initials:
IM
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
SECTION NINE
Insurance
Tenant shall maintain commercial general liability insurance insuring Tenant against
liability for personal injury, death or damage to personal property arising out of use of the
Premises by Tenant with combined single limits of not less than Two Million and No /100
Dollars ($2,000,000.00), and Landlord will be named as an additional insured under such policy
on a primary and non - contributory basis. Tenant shall also maintain fire and extended coverage
insurance insuring Tenant's personal property for its full insurable value (subject to reasonable
deductibles). Each policy shall contain a provision notifying Landlord of intent to cancel thirty
(30) days prior to such cancellation. Tenant shall provide Landlord Certificate of Insurance in a
form acceptable to the Landlord.
Tenant and its contractors shall provide Landlord with proof of workers'
compensation insurance covering all of Tenant's and its contractors' respective employees who
access the Premises in accordance with state law
SECTION TEN
Destruction of Premises
If the Premises are destroyed or damaged so as to reasonably hinder the Tenant's
effective use of the Premises, either Landlord or Tenant may elect to terminate this Agreement
effective as of the date of the damage or destruction by notifying the other party not more than
forty -five (45) days following the date of damage. In such event, all rights and obligations of the
parties under this Agreement 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. Landlord agrees to permit
Tenant to place temporary transmission and reception facilities on the Property at no additional
rent until the reconstruction of the Premises and /or the Tenant Facilities is completed, or Tenant
Landlord initials: Tenant initials:
�, 11
Sprint/Nextel Site ID: MS73XC679
is able to activate a replacement transmission facility at another location; notwithstanding the
termination of this Agreement, any such temporary facilities will be governed by all of the terms
and conditions of this Agreement, including rent. Notwithstanding anything to the contrary
herein, this Section 10 shall not require Landlord to rebuild or repair the Premises upon damage
or destruction, unless Landlord fails to terminate this Agreement as provided above, in which
case Landlord will promptly rebuild or restore any portion of the Property interfering with or
required for Tenant's permitted use of the Premises to substantially the same condition as existed
before the casualty or other harm. Landlord agrees that the rent shall be abated until the Property
and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and
reception facilities on the Property.
SECTION ELEVEN
Condemnation
If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's
determination, to render the Premises unsuitable for the use which Tenant was then making of
the Premises, this Agreement shall terminate as of the date the title vests in the condemning
authority. The parties shall be entitled to share in the condemnation proceeds in proportion to
the values of their respective interest in the Premises. Sale of all or part of the Premises to a
purchaser with the power of eminent domain in the face of the exercise of the power, shall be
treated as a taking by condemnation.
SECTION TWELVE
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 by nationally recognized overnight courier to the addresses set forth below.
Landlord initials: Tenant initials:
n7 12
Sprint/Nextel Site ID: MS73XC679
Landlord or Tenant may from time to time designate any other address for their purposes by
providing written notice to the other party.
If to Landlord: City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317 -0147
Telephone: 952- 227 -1100
Fax: 952- 227 -1110
If to Tenant: Sprint Spectrum L.P.
Sprint Property Services
Site ID: MS73XC679/MN0079
Mailstop: KSOPHT0101 -Z2650
6391 Sprint Parkway
Overland Park, KS 66251 -2650
with copy to: Sprint Law Department
Attn: Real Estate Attorney
Site ID: MS73XC679/MN0079
Mailstop: KSOPHT0101 -Z2020
6391 Sprint Parkway
Overland Park, KS 66251 -2020
SECTION THIRTEEN
Title and Ouiet Eniovment
A. Landlord warrants that: (1) it has full right, power, and authority to execute this
Agreement; (2) it has good and unencumbered title to the Premises free and clear of any liens or
mortgages; (3) the Premises constitute a legal lot that may be leased without the need for any
subdivision or platting approval; and (4) the Premises are in compliance with all building,
life /safety, and other laws of any governmental or quasi governmental authority. Tenant, upon
paying the rent, shall peaceably and quietly have, hold and enjoy the Premises. Landlord shall
not cause or permit any use of the Property or the Premises that interferes with or impairs the
quality of the communication services being rendered by Tenant from the Premises.
Notwithstanding the foregoing, Tenant acknowledges that Landlord will need to perform
Landlord initials:
mm,
13
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
maintenance activities on the Property including painting and repairs of the water tower. Tenant
agrees to cooperate with Landlord in order to allow such work to be completed in a timely and
efficient manner as well as ensure continuous operation of the Tenant Facilities. If it is
necessary for the Tenant Facilities to be relocated during maintenance of the water tower,
Landlord agrees to allow Tenant, at Tenant expense, to relocate portions of the Tenant Facilities,
primarily antennas and coaxial lines, to another location on the water tower or to a temporary
tower facility on the Property for the duration of the repairs.
B. Notwithstanding any other provision in this Agreement to the contrary, Tenant
acknowledges that Landlord makes no warranties, express or implied with respect to Tenant's
ability to expand its operations on the Premises beyond what is depicted on the exhibits attached
hereto.
SECTION FOURTEEN
Hazardous Substances
Tenant shall hold Landlord harmless from and indemnify Landlord against any damage,
loss, expense, response costs, or liability, including consultant fees and attorney's fees resulting
from the presence of hazardous substances on, under or around the Property or resulting from
hazardous substances being generated, stored, disposed of, or transported to, on, under, or around
the Property if the hazardous substances were generated, stored, disposed of, or transported by
Tenant or its employees agents or contractors. Landlord represents and warrants that to the best
of Landlord's knowledge, no hazardous materials exist on the Leased Premises. Neither party
shall be liable for any claims, losses or liabilities caused or permitted by the other party.
Landlord initials:
�7
SECTION FIFTEEN
Indemnity
14
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
Tenant shall indemnify Landlord and hold Landlord harmless from, any and all costs
(including reasonable attorney's fees and expenses) and claims, actions, damages, obligation,
liabilities and liens which arise out of (a) the breach of this Agreement by Tenant; and (b) the use
and/or occupancy of the Property, or the Premises, by Tenant, except to the extent attributable to
the negligent or intentional act or omission of Landlord, its employees, agents or independent
contractors. This indemnity shall not apply to any claims, actions, damages, obligations,
liabilities and liens arising from any negligent or intentional misconduct of Landlord, its
employees, agents or contractors, and shall survive the termination of this Agreement.
SECTION SIXTEEN
Assignment
Tenant may not assign, or otherwise transfer all or any part of its interest in this
Agreement or in the Premises without the prior written consent of Landlord; provided, however,
that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its
parent company or to any successor -in- interest or entity acquiring fifty -one percent (51%) or
more of its stock, or to any entity with a net worth of at least Twenty Million Dollars
($20,000,000), or any entity that acquires all or substantially all of Tenant's assets in the market
as defined by the Federal Communications Commission in which the Property is located.
Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee
assuming all of Landlord's obligations herein.
SECTION SEVENTEEN
Binding Effect: Successors and Assigns
This Agreement shall run with the Property. This Agreement shall be binding upon and
inure to the benefit of the parties, their respective successors, and assigns.
Landlord initials:
SECTION EIGHTEEN
Waiver of Landlord's Lien
15
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
Landlord waives any lien rights it may have concerning the Tenant Facilities which are
deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same
at any time without Landlord's consent.
SECTION NINETEEN
Miscellaneous
A. This Agreement 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 said Agreement must be in
writing and executed by both parties.
B. If either party is represented by a real estate broker in this transactions, that party
shall be full responsible for any fee due such broker, and shall hold the other party harmless from
any claims for commission by such broker.
C. This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
D. If any term of this Agreement is found to be void or invalid, such invalidity
shall not affect the remaining terms of the Agreement, which shall continue in full force and
effect.
E. Either party will, at any time upon fifteen (15) days prior written notice from the
other, execute, acknowledge and deliver to the other a recordable Memorandum of Agreement
substantially in the form of the Exhibit "F". Either party may record this memorandum at any
time, in its absolute discretion.
F. In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not unreasonably
delay, condition or withhold its approval or consent.
Landlord initials: Tenant initials:
W, 16
Sprint/Nextel Site ID: MS73XC679
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first above written.
LANDLORD:
CITY OF CHANHASSEN, a Minnesota
municipal corporation
RA
TENANT:
SPRINT SPECTRUM L.P.,
a Delaware limited partnership
By:
Mayor
Print:
Title:
City Manager
Date:
Exhibit "A ":
Description of the "Property"
Exhibit "B ":
Description of the "Premises"
Exhibit "C ":
Description of "Tenant Facilities"
Exhibit "D ":
Technical Minimum Site Standards
Exhibit "E"
Annual Rent
Exhibit "F"
Memorandum of Agreement
Landlord initials: Tenant initials:
pro, 17
Sprint/Nextel Site ID: MS73XC679
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 20_, by and by respectively, the Mayor and
City Manager of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF KANSAS )
) ss.
COUNTY OF JOHNSON )
Acknowledgment by Corporation
Pursuant to Uniform Acknowledgment Act
The foregoing instrument was acknowledged before me this day of
1201 , by on behalf of
Sprint Spectrum L.P., a Delaware limited partnership.
In witness whereof I hereunto set my hand and official seal.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
RNK
Landlord initials: Tenant initials:
18
Sprint/Nextel Site ID: MS73XC679
EXHIBIT "A"
to
SITE LEASE AGREEMENT
DESCRIPTION OF PROPERTY
Lot 7, Block 1, SCHOLER'S 2ND ADDITION, Carver County, Minnesota
Property ID #: 257900070
Landlord initials: Tenant initials:
mm, 19
Sprint/Nextel Site ID: MS73XC679
EXHIBIT "B"
to
SITE LEASE AGREEMENT
DESCRIPTION OF PREMISES
Landlord initials: Tenant initials:
20
Landlord initials:
M7
Sprint/Nextel Site ID: MS73XC679
EXHIBIT "C"
to
SITE LEASE AGREEMENT
DESCRIPTION OF TENANT FACILITIES
21
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
EXHIBIT "D"
to
SITE LEASE AGREEMENT
TECHNICAL MINIMUM SITE STANDARDS
All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db
of attenuation to any internal RF signals. Desk -top base stations and open racks cannot
be used without special approval; additional shielding kits may be required.
2. At least 60 db of isolation for 450 MHZ, 800 MHZ, 900 MHZ and 1800 — 2000 MHZ
transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be
provided; a harmonic filter must be provided on the transmitters between the antenna and
any ferrite device used. Additional filtering and isolation may be required and will be
considered on a case -by -case basis.
Maximum transmitter power allowed into the antenna feed line will be 110 watts per
transmitter. (Higher power levels will be considered on a case -by -case basis; additional
protective devices may be required.)
4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All
on -site intercabling must use RG /9, RG /142, RG /214 or %2 inch Superflex. RG /8 or any
other single shielded cable will not be allowed.
5. Proposed transmitters that will cause second order, third order or fifth order
intermodulation products on existing receiver frequencies will not be permitted on the
site. A receiver with the same frequency as an existing second order, third order or fifth
order intermodulafton product at the site, will not be permitted on the site.
6. All transmitters shall be equipped with band -pass cavities that will provide at least the
following attenuation of side band noise, if needed:
40 MHA band:
50 db at 1 MHZ
150 MHZ band:
50 db at 1.5 MHZ
450 MHZ band:
50 db at 2.5 MHZ
800/900 MHZ band:
50 db at 10 MHZ
1800/1900 MHz Microwave PCS:
50 db at 20 MHZ
Each cabinet must be identified by the owner's name, address and FCC station license; it
also must have the name and telephone number of the responsible service agency.
8. Prior to approving any application for antenna space at the site, an engineering study will
be conducted by the Engineer for the City of Chanhassen, consisting of at least the
following items:
Landlord initials: Tenant initials:
22
Sprint/Nextel Site ID: MS73XC679
a. Intermodulation interference (IM) calculations of all transmitters and receivers
known to exist in the area at time of application. (Study will include 2nd, 3rd and
5th order IM terms, and A + B — C, three- product terms.)
b. Transmitter noise and receiver desensing calculations of all equipment at the site.
C. Analysis of best equipment and antenna locations at the site.
d. Analysis of AC power requirements.
C. Report to prospective site user regarding application.
Landlord initials:
M7
23
Tenant initials:
Annual rent shall be as follows:
2014 22,925.74
2015 23,613.51
2016 24,321.92
2017 25,051.58
2018 25,803.12
2019 26,577.22
2020 27,374.53
2021 28,195.77
2022 29,041.64
2023 29,912.89
2024 30,810.28
2025 31,734.59
2026 32,686.62
2027 33,667.22
2028 34,677.24
2029 35,717.56
2030 36,789.08
2031 37,892.76
2032 39,029.54
2033 40,200.42
Landlord initials:
ND7
EXHIBIT "E"
to
SITE LEASE AGREEMENT
24
Sprint/Nextel Site ID: MS73XC679
Tenant initials:
Sprint/Nextel Site ID: MS73XC679
EXHIBIT "F"
to
SITE LEASE AGREEMENT
MEMORANDUM OF AGREEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint/Nextel Property Services
Mailstop KSOPHT0101 -Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
this line for Recorder's use-
MEMORANDUM OF AGREEMENT
TO SITE LEASE AGREEMENT FOR WATER TOWER
This MEMORANDUM OF AGREEMENT TO SITE LEASE AGREEMENT FOR
WATER TOWER ( "Memorandum ") dated 201, evidences that
a Site Lease Agreement For Water Tower (the "Agreement ") dated
201 (the "Effective Date "), was made and entered into by and between the City of
Chanhassen, Minnesota, a Minnesota municipal corporation ( "Landlord ") and Sprint Spectrum
L.P., a Delaware limited partnership ( "Tenant ").
The Agreement provides in part that that Tenant has the right to lease a portion of certain real
property owned by Landlord and located at Water Tower, 500 West 76th Street, City of
Chanhassen, County of Carver, State of Minnesota, as further described in the Agreement (the
"Premises ") for the purpose of installing, operating and maintaining a communications facility
and other improvements. The Premises is further described in Exhibit A attached hereto.
The term of Tenant's lease and tenancy under the Agreement is five (5) years
commencing on December 1, 2014 ( "Commencement Date "), and is subject to three (3) renewal
terms of five (5) years each that may be exercised by Tenant.
All notices to Tenant must be sent via U.S. Postal Service certified mail, return receipt
requested with all postage prepaid to:
Sprint Spectrum L.P.
Sprint Property Services
Site ID: MS73XC679/MN0079
Mailstop KSOPHT0101 -Z2650
6391 Sprint Parkway
Overland Park, KS 66251 -2650
with a mandatory copy to:
Sprint Law Department
Attn: Real Estate Attorney
Site ID: MS73XC679/MN0079
Mailstop KSOPHT0101 -Z2020
6391 Sprint Parkway
Overland Park, KS 66251 -2020
Landlord initials: Tenant initials:
a7 25
Sprint/Nextel Site ID: MS73XC679
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and
year indicated below.
Landlord:
City of Chanhassen, Minnesota,
a Minnesota municipal corporation
Tenant:
Sprint Spectrum L.P.,
a Delaware limited partnership
By: (NOT FOR EXECUTION) By:
Printed Name: Printed Name:
Title:
Title:
Landlord initials: Tenant initials:
mm 26
Sprint/Nextel Site ID: MS73XC679
EXHIBIT A
TO MEMORANDUM OF AGREMENT
TO SITE LEASE AGREEMENT FOR WATER TOWER
Description of Property
A portion of certain real property located at 500 West 76th Street, City of Chanhassen,
County of Carver, State of Minnesota, described as follows:
Lot 7, Block 1, SCHOLER'S 2ND ADDITION, Carver County, Minnesota
Property ID #: 257900070
Doc. #170689v.1
RNK: 6/4/2013