HomeMy WebLinkAboutNovember 25, 1996
REGULAR PLANNING COMMISSION AGENDA
MONDAY, November 25, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
A. October 28, 1996 Meeting.
B. October 29, 1996 Special Zoning Meeting.
C. November 12, 1996 Meeting.
4. Public Hearings:
A. Case #96-114 Variance request from Northern Classic Homes requesting a variance to
permit a 22 foot setback from the Ordinary High Water Level (OHWL) of Prior Lake
instead ofthe required 75 feet; a variance to permit impervious surface lot coverage of
37.8% rather than the maximum 30% impervious lot coverage allowed; for the
construction of a single family dwelling on property located in the R-I District and the
Shore land Overlay District identified as 14488 Shady Beach Trail.
B. Case #96-107 Public Hearing to consider an amendment to the Zoning Ordinance
relating to the treatment of communications antenna and equipment shelters.
5. Old Business:
6. New Business:
A. Zoning Ordinance Work Elements.
7. Announcements and Correspondence:
A. Proposals for Planning Commissioners and Bylaw changes.
B. Suburban telecommunication.
8. Adjournment:
16200 ~g~fe~ek Ave. S.E., Prior Lake, Minnesota'5~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER
PLANNING COMMISSION MINUTES
NOVEMBER 12, 1996
1. Call to Order:
The November 12, 1996, Planning Commission meeting was called to order by Vice
Chair Wuellner at 7:15 p.m. Those present were Commissioners Stamson and Wuellner,
Director of Planning Don Rye, Planning Coordinator Jane Kansier and Recording
Secretary Connie Carlson.
2. Roll Call:
Stamson
Kuykendall
V onhof
Wuellner
Criego
Present
Absent
Absent
Present
Absent
Due to the lack of a quorum, Acting Chair Wuellner continued the public hearing to the
November 25, 1996, meeting.
The meeting adjourned at 7:25 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MNII1296.DOC
PAGEl
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
CONSIDER SETBACK VARIANCE FROM OHWL AND
IMPERVIOUS LOT COVERAGE VARIANCE FOR
NORTHERN CLASSIC HOMES (K. PARRISH, Case
File #96-114)
14488 SHADY BEACH TRAIL
JENNI TOVAR, PLANNER~~
DONALD R. RYE, PLANNING DIRECTOR
YES l NO
NOVEMBER 25, 1996
The Planning Department received a variance application from Northern Classic
Homes, who are proposing to construct a single family dwelling with a patio on a
lot that currently has a cabin on it. The existing cabin will be removed. The lot
is located at 14488 Shady Beach Trail, on Prior Lake.
The proposed dwelling has a 22 foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet (Section 9.3 A of the Zoning
Ordinance). The applicants are requesting a variance of 53 feet to the required
setback. Based on the survey submitted by the applicant, the impervious
surface of the lot, with the proposed dwelling and driveway, is 37.8 percent,
which is greater than the maximum impervious surface of 30 percent allowed
(Section 9.3 B of the Zoning Ordinance) in the Shoreland District. A variance of
7.8 percent of impervious surface is being requested.
DISCUSSION:
Lot 9, Shady Beach NO.2 was platted in 1954. This lot averages approximately
90.28 feet wide by 100 feet deep, for a total area of 9,090 square feet. The
property is located within the R-1 (Suburban Residential) and the SO (Shoreland
Overlay) district. The lot width makes it a substandard lot under the current
Zoning Ordinance. The adjacent parcel to the north is a cabin and the property
to the south is a single family dwelling.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The proposed dwelling consists of a three bedroom single family dwelling with a
three car attached garage. The patio area facing the lake is intended to have a
roof over it. This makes the design and construction of the roof easier to
manage. The Zoning Ordinance requires that the lowest floor elevation in flood
plain to be 909.3. Furthermore, this elevation must be maintained at least 15
feet around the structure. This prohibits the proposed dwelling from having a
basement, thus the rationale of the applicant for the three stall garage.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
This criteria goes to whether reasonable use can be made of the property if
the Ordinance is literally enforced. In this case, the legal building envelope
which results from the applicable yard requirements average 29 feet wide and
approximately 72 feet long. The size of the building envelope limits the
architectural style of the proposed structure to be long and narrow.
2. Such unnecessary hardship results because of circumstances unique
to the property.
Unique circumstances in this case are the substandard size of the lot (9,090
square feet) which was platted in 1954 and the location of adjacent structures
from the OHWL. The property to the south is setback 9 feet from the OHWL
and the property to the north is setback 22 feet from the OHWL.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
The size and location of the lot are hardships over which the applicant has no
control. The lot was created before the Zoning Ordinance. However, the
variances could be minimized by house design.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest
The size and location of the proposed dwelling on the lot are not inconsistent
with the location of other structures in this area. A variance in this case will
not be contrary to the public interest.
96114pc.doc
Page 2
MINIMIZED VARIANCES
The impervious surface variance can be eliminated if the applicant removes
approximately 709 square feet of lot coverage.
Lot Area
Proposed Impervious
Maximum Allowed
Difference
9090 Sq. Feet
3436 Sq. Feet
2727 Sq. Feet
709 Sq. Feet
100%
37.8%
30.0%
7.8%
The DNR recommends eliminating one garage stall. This would also
eliminate hardsurface driveway. Furthermore, the applicant has indicated
that they have attempted to reduce the impervious surface coverage by
moving two of the bedrooms upstairs. According to the applicant, this would
remove about 250 square feet of impervious surface coverage.
Recommended impervious surface changes. (These numbers are estimates
and should be verified by a land surveyor):
3rd Garage Stall
Driveway In Front of 3rd Stall
Move 2 Bedrooms To Upper Level
Remove Roof Over Patio (13 x 18) /Make it a Deck
Total Impervious Surface Eliminated
Percent of Lot Impervious Surface
245 Sq. Feet
150 Sq. Feet
250 Sq. Feet
234 Sq. Feet
854 Sq. Feet
28 Percent
The suggested removals will cause the impervious surface to be in
compliance with the Shoreland Ordinance without any variances.
The variance to setback from the OHWL can be minimized by moving the
proposed structure towards Shady Beach Trail. The proposed setback from
the street is 27.60 feet. The DNR recommends moving the structure closer to
the street to decrease the variance from the OHWL (see attached
comments). This is something staff concurs with. If the recommended
changes to impervious are made, the structure can fit into a building envelope
that is 15 feet from the street and 40 feet from the OHWL (904 EI.).
96114pc.doc
Page 3
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
RECOMMENDATION:
The staff has concluded that the size and the physical characteristics of the lot
are a hardship outside of the applicants' control. In addition, there are no legal
alternatives for the location of the proposed dwelling. However, the variance to
impervious surface can be eliminated if the applicant makes the changes as
recommend in the staff report.
Staff recommends denial of the variance request to impervious surface, and
approval of a 35 foot variance from the OHWL, permitting the setback to be 40
feet instead of the 75 feet required. Staff also recommends the granting of a
front yard setback variance of 10 feet, making the structure setback 15 feet from
Shady Beach Trail instead of the required 25 feet. This is a compromise of
setback variances.
ACTION REQUIRED:
A motion adopting Resolution 96-36PC.
96114pc.doc
Page 4
RESOLUTION96~6PC
A RESOLUTION GRANTING A 10 FOOT VARIANCE TO PERMIT A IS FOOT
SETBACK FROM THE SHADY BEACH TRAIL INSTEAD OF THE
REQUIRED 25 FEET AND A 35 FOOT VARIANCE TO PERMIT A 40 FOOT
SETBACK FROM THE OHWL (904 EL.) RATHER THAN THE 75 FEET
REQUIRED FOR A PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Northern Classic Homes (Scott Perkins) has applied for variances from Section 9.3 B
and 9.3 B of the Zoning Ordinance in order to permit the construction of a single
family dwelling with attached garage on property located in the R-l (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
14488 Shady Beach Trail, legally described as Lot 9, Shady Beach No.2
2. Board of Adjustment has reviewed the application for variance as contained in Case
#96-114 and held hearings thereon on November 25, 1996.
3. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the fact that the property was platted prior to the adoption of the city's Zoning and
Subdivision Ordinance.
6. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
7. The contents of Planning Case 96-114 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code these variances will be deemed to be abandoned, and thus will be
null and void one (1) year from the date of approval if the holder of the variances has
failed to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances for the proposed single family dwelling with attached
garage and deck;
1. A 10 foot variance permitting a 15 fopt setback from Shady Beach Trail instead of the
required 25 foot setback.
2. A 35 foot variance permitting a 40 foot setback from Ordinary High Water Level (904
El.) of Prior Lake instead of the required setback of75 feet.
These variances are granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A, with the
following changes (as indicated in the staff report):
a. The garage be modified to be a two car capacity.
b. Two of the bedrooms (located behind proposed third stall) be
eliminated or moved to an upper story of the house.
Adopted by the Board of Adjustment on November 25, 1996.
William Criego, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\96var\96114va\res9636.doc
2
NORTHERN CLASSIC HOMES
Impervious Surface and OHWL Setback Variance
Case #96-114
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NORTHERN CLASSIC HOM
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11-15-96 2:53PM; 6127727573 =>
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Project Type (check all that apply):
CJ Preliminary Plat
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DPUD
8- Variance
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Yes No
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(M.S.I03G.245)
Yes No
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(M.S.I03F.201)
Yes No
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SURVEY PREPARED FOR'
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fXllOR LAKE. MN. 55372 .
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(~.9.!3.:..~otes proposed finished grade elevation
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Set garage slob ot elevation 909.30
Set top of block ot elevation
The lowest floor will be at elevation 910.00
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AGENDA ITEM:
SUBJECT:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4B
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE ZONING ORDINANCE RELATING TO THE
TREATMENT OF COMMUNICATIONS ANTENNA AND
EQUIPMENT SHELTERS (Case File #96-107)
JANE KANSIER, PLANNING COORDINATO~
DONALD R. RYE, PLANNING DIRECTOR U
lYES _NO
NOVEMBER 12, 1996
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance as it relates to the treatment of communications antennas and support
buildings. The amendment has several parts. First of all, the existing definition of
Essential Services is broadened to include telecommunications as a utility. Secondly, a
definition of "Equipment Sheltersft is proposed. Finally, the amendment addresses the
standards for the construction of equipment shelters.
BACKGROUND:
The telecommunications industry is expanding rapidly, and several companies have
approached the City with requests to utilize existing water tower sites for the antennae
and other equipment needed to provide this service. The City of Prior Lake currently
has two such lease agreements, with antennae on the Prior South water tower and on
the water tower located at Crest Avenue and CSAH 42. The City Council recently
adopted a standardized water tower antennae agreement to address the requests for
use of the water tower. However, a recent review of the Zoning Ordinance indicated we
have no provision allowing the equipment shelters often associated with the antennae.
The purpose of the proposed amendment is to address the equipment shelters.
DISCUSSION:
The current definition of "Essential Servicesft is very narrow and includes only gas,
electric, steam, and water and sewer utilities. The proposed amendment is expanded to
include several other utilities. This amendment reads as follows:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical,
16200 ~gYJ~~ Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax ~Efi,4h.7-4245
AN EQUAL OPPORTUNITY EMPLOYER
gas, telecommunications, radio communications, steam, water, sewerage, and
other utilities.
The second part of the amendment adds a definition of "Equipment Sheltersn as follows:
EQUIPMENT SHELTERS: Buildings and structures used for the storage of
equipment related to and accessory to the furnishing of telecommunication or
similar services to the public.
The Zoning Ordinance currently has no definition or provisions for equipment shelters.
The proposed amendment will define these buildings and the use. Section 5-3-1 of the
Zoning Ordinance must also be changed to list equipment shelters as a permitted use.
This is accomplished by adding a sentence stating "Equipment shelters are permitted
as an accessory use subject to the provisions of Section 5-5-2 C of this Code" to
the permitted use section. The third part of the amendment actually lists the standards
for equipment shelters. These standards include provisions for size, exterior finish and
location. The standards proposed will be included in the accessory uses section of the
Code and are listed below:
(C) Equipment shelters are permitted as an accessory use to an essential
service subject to the following regulations:
(1) An equipment shelter shall not exceed 338 square feet in area. In the
event there is more than one such building on a parcel, the maximum
area of all such structures combined may not exceed 5% of the total lot
area.
(2) Exterior building materials for equipment shelters shall be brick or a
material which simulates the appearance of a brick fascia.
(3) Equipment shelters must meet the setbacks listed in Section 5-4-1, Lot
and Yard Requirements, for "Other Uses" in the A-1, R-1, R-2, R-3, R-4
and B-2 Districts, or for "AII Uses" in the B-1, B-3, 1-2 and C-1 Districts,
or for "Structures" in the B-P District.
(4) There shall be no outside storage of equipment or vehicles permitted
as part of the equipment shelter.
AL TERNA TIVES:
1. Recommend the Council approve the amendments as proposed, or with changes
specified by the Planning Commission.
I
2. Recommend the Council deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #1.
96107pc.doc
Page 2
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Language
2. Hearing Notice
3. Approved "Water Tower Antenna Agreemenr
96107pc.doc
Page 3
CITY OF PRIOR LAKE
ORDINANCE NO. 96-
AN ORDINANCE AMENDING SECTIONS 5-1-7, 5-3-1 AND 5-5-2 OF THE
PRIOR LAKE CITY CODE AND AMENDING SECTIONS 8.1,3.1 AND 6.2 OF
THE PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1 and 5-5-2 of the Prior Lake City Code and Sections 8.1, 3.1 and 6.2
of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows:
Section 5-1-7 and 8.1 are hereby amended by deleting the existing definition of Essential
Services, and adding the following definition:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical, gas,
telecommunications, radio communications, steam, water, sewerage, and other utilities.
Section 5-1-7 and 8.1 are hereby amended by adding the following definition:
EQUIPMENT SHELTERS: Buildings and structures usedlor the storage of equipment
related to and accessory to the furnishing of telecommunication or similar services to the
public.
Sections 5-3-1 and 3.1 is hereby amended by adding the following language (in italics):
PERMITIED USES: The permitted uses for each district are listed below. Accessory uses and
essential services are also permitted. Equipment shelters are permitted as an accessory use
subject to the provisions of Section 5-5-2 C of this Code. Massage therapy or therapeutic
massage is permitted as a use accessory to retail business (except when the retail business is
operated in conjunction with a motor fuel station) and personal service businesses in the B 1 -
Limited Business, B2 _ Community Business and B3 - General Business Districts; private club-
health club in the B 1 _ Limited Business, B2 - Community Business and B3 - General Business
Districts; and hospitals and clinics in the Rl - Suburban Residential District, R2 - Urban
Residential District, R3 _ Multiple Residential District, and B3 - General Business District.
Sections 5-5-2 and 6.2 are hereby amended by adding (C) (1-4) as follows:
PAGE I
draftord.doc
(C) Equipment shelters are permitted as an accessory use to an essential service subject to
the following regulations:
(1) An equipment shelter shall not exceed 336 square feet in area In the event there is
more than one such building on a Parcel, the maximum area of all such Structures
combined may not exceed 5% of the total lot area.
(2) Exterior building materials for equipment shelters shall be brick or a material which
simulates the appearance of a brickfascia
(3) Equipment shelters must meet the setbacks listed in Section 5-4-1, Lot and Yard
Requirements,for "Other Uses" in the A-1, R-I, R-2, R-3, R-4 and B-2 Districts, or
for "All Uses" in the B-1, B-3, 1-2 and C-I Districts, or for "Structures" in the B-P
District.
(4) There shall be no outside storage of equipment or vehicles permitted as part of the
equipment shelter.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
Mayor
City Manager
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
draftord.doc
PAGE 2
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-3-1 OF THE CITY CODE AND TO SECTION 3.1 OF THE PRIOR
LAKE ZONING ORDINANCE RELATING TO THE TREATMENT OF
COMlVIUNICATION ANTENNAS AND SUPPORT BUILDINGS
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on Tuesday, November 12, 1996, at
7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment to Section 5-3-1 of the City Code and to Section 3.1 of the
Zoning Ordinance relating to the treatment of communication antennas and support
buildings.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 23rd day of October, 1996 by:
Jane Kansier
Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE Al'VIERICAN ON OCTOBER 26, 1996
1:\96zoamnd\communi\96 I 07pn.doc
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQuAL OPPORTL"NITY E"lPLOYER
WATER TOWER ANTENNAE AGREEMENT
TInS AGREEJ.\1ENT is made and entered into this day of ,
1996, by and between the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal
corporation (hereinafter referred to as the "City"), and
a corporation (hereinafter referred to as "CONTh-lUNICATIONS COMPANY").
RECITALS
A. The City is the fee owner of certain land located in Scott County, Minnesota
legally described on Exhibit A attached hereto (hereinafter referred to as the "Property ").
B. Located on the Property is a municipal water tower owned, operated and
maintained by the City (hereinafter referred to as the "Water Tower").
C. COMNfUNICA TIONS COMP A.1~y desires to install, operate and maintain a
single facility, consisting of a total of twelve (12) antennae, used for the transmission and
reception of radio communication signals in such frequencies as may be assigned by the Federal
Communication Commission (hereinafter referred to as the "Antennae"), and to provide for the
storage of related equipment (hereinafter referred to as the "Equipment") in accordance with the
terms of this Agreement.
D.
Tower.
The parties desire to enter into this Agreement relating to the use of the Water
AGREEl\'IENTS
NOW, THEREFORE, in consideration of the foregoing recitals and for other good,
valuable and fair consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. Authorization to Use Water Tower Soace. The primary purpose of the City's
ownership of the Property is to: (a) operate and maintain a municipal water tower so as to
provide water service to residents of Prior Lake; and (b) to provide governmentally related
communication systems for the City of Prior Lake. Subject to the terms of this Agreement, the
City authorizes COMMUNICATIONS COMP A.1~Y' s non-exclusive use of a certain portion of
the Property, which is legally described on Exhibit A attached hereto, subject to any and all
existing easements and restrictions not inconsistent with the rights granted hereunder for the
purposes described in Paragraph 4 of this Agreement, including the installation, operation, and
maintenance of the Antennae and the storage of the Equipment. The location on the Water
Tower where COMNfUNICATIONS COMPA.1~Y is authorized to install the Antennae and the
location of the Equipment Shelter ("Site Plan") on the Property are depicted on Exhibit B
attached hereto.
2. Term. The term of this Agreement shall begin on January 1, 1997, subject to
satisfaction of the conditions described in Exhibit C, and end at midnight on December 31, 200 1
("Initial Term"). COMNfUNICATIONS COMPANY shall have the right to extend the Initial
43517
1
term of this Agreement for three (3) additional five (5) year terms ("Renewal Term"), subject
to the provisions of paragraph 5, and provided that it gives City written notice of its intention
to extend at least sixty (60) days prior to the expiration of the then-existing term.
3. Rent and Comoensation.
A. Initial and Renewal Tenn. Beg;.nning on December 31, 199_ and on each
December 31st during the Initial Term, rent shall be paid, in one payment, by
COMMUNICATIONS COMPANY to the City in the annual amount of $
Thereafter, the annual rent for each Renewal Tenn shall increase by fifteen percent (15%).
B. SU1?olementarv Equipment. On the Commencement Date of the Lease,
COMMUNICATIONS COMPANY agrees to provide the City the following supplementary
equipment, all of which are at the cost and expense of COMMUNICATIONS COMPA1~Y:
a) Three (3) Ultra portable telephones.
b) Three (3) additional batteries.
c) Three (3) 12 volt adapters.
At the commencement date of each renewal term, COMMUNICATIONS COMPANY
shall replace, at COMMUNICATIONS COMPANY's sole cost, the above described cellular
equipment with three (3) similar and cost effective telephones of comparable value.
C. Equipment Shelter. In addition to the rental terms and payments provided for
above, COMMUNICATIONS COMPANY shall pay City a one-time non-refundable fee of
Twelve Thousand Five Hundred Dollars ($12,500.00) as compensation for
COMMUNICATIONS COMPANY's use of a portion of the Property for a building
("Equipment Shelter") for the storage of Equipment related to the Antennae. Exhibit D depicts
the size, location and configuration of the Equipment Shelter on the Property.
COMMUNICATIONS COMPA1TI's use of the Equipment Shelter shall be exclusive. The
exterior finish of the building must be brick or a material which simulates the appearance of a
brick fascia. The building construction plan shall be submitted in accordance with City policy
and design and zoning criteria and subject to the review and approval of the City of Prior Lake
before construction. The appearance of the Equipment Shelter shall match the existing
Equipment Shelter depicted in Exhibit D. COMMUNICATIONS COMPANY shall provide for
and be responsible for all utility services used by COMMUNICATIONS COMPANY and the
maintenance of the Equipment Shelter. COMMUNICATIONS COMPA1~Y shall be entitled to
the exclusive use of the Equipment Shelter during the Initial Term and during Renewal Terms.
4. ~.
A. COMMUNICATIONS COMPANY may use the Property and the Water Tower
solely for the purpose of constructing, installing, removing, replacing, maintaining, and
operating the Antennae, subject to such modifications and alterations as may result from changes
or improvements in technology. Prior to COMMUNICATIONS COMPANY installing,
subsequently modifying, or removing the Antennae and the Equipment it shall provide written
notice to the City, along with copies of the plans and specifications of the work. The City shall
have the right to approve the manner of installation and the location on the Water Tower where
43517
2
COMMUNICATIONS COMPANY installs the Antennae, which approval shall not be
Unreasonably withheld or delayed. COMMUNICATIONS COlVIPAl'fY shall not install any
subsequent antennae (beyond the original twelve (12)) without negotiating a written addendum
to this Agreement, which addendum shall include an increase in the annual rental fee.
B. CO:MMUNICATIONS COMP.J\NY shall store all Equipment related to the Antennae
in the Equipment Shelter.
C. City will not in any way be responsible for the Antennae, the related Equipment, the
Equipment Shelter, or any personal property actually placed on the Property or in the Equipment
Shelter or installed on the Water Tower by COMMUNICATIONS COMPANY.
D. The Antennae and the related Equipment shall remain the property of
COMMUNICATIONS COMPANY, subject to the terms of Paragraphs 7 and 8.
E. The City shall provide COMMUNICATIONS COlVIPANY with twenty-four (24)
hour, seven (7) day a week, year-around access to the Property and to the Water Tower, subject
to the City's right to limit access to the Water Tower in cases of emergency or at times when
the City is conducting repairs or maintenance on the Water Tower. The City shall use
reasonable effortS to minimize the disruption of COMMUNICATIONS COMPANY's access to
the Water Tower, in responding to any such emergencies and performing such maintenance and
repairs. The City will be entitled to reimbursement from COMMUNICATIONS COMPANY
if City incurs any costs associated with providing COMMlJNICA TIONS COMP Al'\fY access to
Water Tower, Property or Equipment Shelter except in those cases where cost is incidental to
City obtaining access for its own purposes unrelated to COMMUNICATIONS COMPANY's use
of Antennae, Water Tower and Equipment Shelter. Notwithstanding the foregoing, "access"
does not require or impose upon the City an affirmative duty to snowplow in order to provide
"access" to the Property or to the Water Tower. The City shall not be responsible in damages
or otherwise for interruption in COMMUNICATIONS COlVIPANY services where the
interruption is due to an emergency or performance of maintenance and repairs on the Water
Tower.
F. COMMUNICATIONS COMPAl'\fY shall take all steps necessary to prevent any
mechanics' or materialmen's liens from being placed on the Property as a result of
COMMUNICATIONS COMPANY's use of the Water Tower, Property and Equipment Shelter,
and specifically indemnifies the City from such liens.
G. The color of the Antennae and any Equipment placed on the Water Tower shall
match the color of the Water Tower.
H. COMMUNICATIONS COMPAl'\fY shall pay all personal and real property taxes
assessed against the Antennae, related Equipment and/or Equipment Shelter. If any such
improvements constructed on the Property should cause part of the Property to be taxed for real
estate purposes, it shall be the liability of COMMUNICATIONS COMPANY to pay such
property taxes.
1. The City represents and warrants to COMM:UNICATIONS COMPA!'fY that
COMMUNICATIONS COMPANY shall enjoy ingress, egress, and access from an open and
43517
3
I '
improved public road to the Property adequate to service the Property and the Equipment Shelter
at all times during this Agreement and at no additional charge to COMMUNICATIONS
COMP ANY. Any access easements rented to COMlVIUNICA TIONS COMP ANY shall
terminate upon termination of this Water Tower Antennae Agreement and CO~1MUNICATIONS
COMPAJ.'l'Y agrees to execute any and all documents necessary to remove the easement from
the Property.
5. Maintenance of Antennae: Modification. CO~llilUNICATIONS COMPANY shall
maintain the Antennae, Equipment, and Equipment Shelter in good condition at all times, at its
sole cost and expense. COMMUNICATIONS COMPANY shall conduct all repair, replacement
and maintenance operations in accordance with applicable OSHA regulations or such other
occupational and safety regulations pertaining to such operations. Every five (5) years from the
commencement date of this Agreement, COMMUNICATIONS COMP Al'iY shall have the
Antennae and Water Tower inspected by a Registered Civil Engineer and provide the City with
a copy of the inspection report. If COMMUNICATIONS COMPAl'iY fails to do so, and such
failure creates a risk of damage or injury to persons or property (as determined in the reasonable
discretion of the City), the City may take such steps as it determines to be necessary to protect
persons or property; including removal of the Antennae and the Equipment.
COMMUNICATIONS COMPANY shall reimburse the City for any costs incurred in connection
with assuring compliance with the provisions of this paragraph; including any costs of restoring
the Water Tower and the Property to their original condition. If COMMUNICATIONS
COMP Al'l'Y fails to pay the City for such costs within thirty (30) days of a demand by the City
for payment, the City at its election may terminate this Agreement and retain the total payment
of the current years rent. These remedies are nonexclusive, and the City expressly reserves its
rights to pursue any available legal or equitable remedies.
6. Utilities. COMMUNICATIONS COMPAl'iY shall separately meter and pay all
electric and other utility services that are associated with the use of the Property, the Water
Tower, and the Equipment Shelter. The City agrees to cooperate with COMMUNICATIONS
COMP Al'iY in its efforts to connect the Antennae and Equipment to existing utility service at
COMMUNICATIONS COMPANY's expense. The City makes no representation or warranty
regardLl1g the availability of electric or other utility service to the Water Tower or the Equipment
Shelter. COMMUNICATIONS COMPANY shall have the right to install utilities, at
COMMUNICATIONS COMPANY's expense, and to improve the present utilities on the
Property including, but not limited to the installatior. of emergency power generators within the
Equipment Shelter. The City shall not be liable, and COMMUNICATIONS COMP Al'iY waives
any and all claims against the City, for any interruption of electrical or other utility services
Property, Antennae or Equipment Shelter.
7. Removal of Antennae and Equioment.
A. COMMUNICATIONS COMPANY shall remove the Antennae and all personal
property and trade fixtures at its own cost and expense upon the expiration of the term of this
Agreement, any earlier termination of this Agreement as provided herein, or any Renewal Term.
COMMUNICATIONS COMPANY shall, at its sole cost and expense, return the Water Tower
and the Property to the condition it was in prior to the commencement of this Agreement,
normal wear and tear excepted. In the event COMMUNICATIONS COMPANY fails to so
remove any component of the Antennae, the Equipment, or both, or to return the Water Tower
43517
4
and the Property to their original condition, within thirty (30) days of the termination of this
Agreement, then the City shall have the right to remove the Antennae or Equipment at
COMl\1UNICATIONS COMPANY's sole cost and expense. If COMlVIUNICATIONS
COMPANY fails to reclaim the Antennae or Equipment with thirty (30) days' notice from the
date of removal by the City, said Antennae and Equipment shall without further notice be
deemed abandoned. No Antennae or Equipment will be released by the City to
COMlVIUNICATIONS COMPANY until COMMUNICATIONS CO~fPANY has reimbursed
the City for all expenses related to removing the Antennae and the Equipment and returning the
Property and the Water Tower to their original condition. .
B. Upon the termination of this Agreement, without regard to the cause for such
termination, all right, title and interest in and to the Equipment Shelter shall be vested with the
City. Upon such termination, and at the election of the City the Equipment Shelter shall either
remain upon the Property in the location depicted on Exhibit D or at the sole expense of the
COMMUNICA TIONS COMPANY be removed and the Property returned to its original
condition.
8. Termination.
A. Except as otherwise provided herein, this Agreement may be terminated by either
party upon sixty (60) days' written notice to the other party, only as follows:
(b)
(c)
(d)
(e)
43517
(a)
by either party upon default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of
written notice of default to the other party (without, however, limiting any
other rights of the parties pursuant to any other provisions hereof);
by COMMUNICATIONS COMPANY for cause if it is unable to obtain
or maintain any license, permit, or other governmental approval necessary
for the construction andlor operation or use of the Property and the Water
Tower as a transmission facility and Equipment Shelter;
by COMMUNICATIONS COMPAL'l'Y for cause if the Property is or
becomes unacceptable for technological reasons under
COMMUNICATIONS COMPANY's design or engineering specifications
for its Antennae or related Equipment;
by the City if COMMUNICATIONS COMPANY fails to tender the
annual rental payment within fifteen (15) business days of the
commencement date of each year;
by the City if it determines, after consultation with a licensed structural
engineer that the Water Tower is structurally unsound for use as a water
tower, for any reason including but not limited to considerations related
to the age of the structure, damage to or destruction of all or part of the
Water Tower or the Property from any source, or factors relating to the
condition of the Property;
5
(f) by the City, if its City Council decides, for any reason, to discontinue use
of the Water Tower for all purposes, in which event
COMMUNICATIONS COMPANY shall not be entitled to compensation
in any form for any reason as a result of the City's exercising its rights
under this subparagraph; or
(g) by COMMUNICATIONS COMPANY if City causes electrical utility
services to be interrupted for a period of more than thirty (30) days.
B. If City terminates this Agreement other than as of right as provided in this
Agreement, or City causes interruption of the business of COMMUNICATIONS COMPANY
or for any other City breach of this Agreement, City's liability for damages to
COMMUNICATIONS COMP Ai,{Y shall be limited to the actual and direct costs of Equipment
removal, relocation or repair and shall specifically exclude any recovery for value of the
business of COMMUNICATIONS COMPANY as a going concern, future expectation of profits,
loss of business or profit or related damages to CO:M},tIUNICA TIONS COMPANY.
9. Non-Exclusive Use. Upon paying the rent as required herein,
COMMUNICATIONS COMPAi'{Y shall have the right to the non-exclusive use of the Water
Tower and Property as permitted in this Agreement. The City shall not be responsible for any
interference which impairs the quality of the communication services being rendered by
COMMUNICATIONS COMPAi,{Y from the Antennae.
10. Interference Caused Bv Antennae. COMMUNICATIONS COMPANY's
Equipment shall be installed and operated in a manner which does not cause interference or
otherwise impair the quality of the communication services being rendered by the following
higher priority users: (1) City; (2) public safety agencies including law enforcement, fire, and
ambulance services, that are not part of the City; and (3) other governmental agencies where use
is not related to public safety.
11. Interference with Antennae Ooerations.
A. Temporarv Interruotions of Service. If the City determines that continued
operation of the Antennae would cause or contribute to an immediate threat to public health
and! or safety (except for any issues associated with human exposure to radio frequency
omissions, which is regulated by the federal government), the City may order
COMMUNICATIONS COMPANY to discontinue its operation. COMMUNICATIONS
COMPANY shall immediately comply with such an order. Service shall be discontinued only
for the period that the immediate threat exists. If the City does not give prior notice to
COMMUNICATIONS COMPANY, the City shall notify COM},tIUNICA TIONS COMPANY
as soon as possible after its action and give its reason for taking the action. The City shall not
be liable to COMMUNICATIONS COMPANY or any other party for any interruption in
COMMUNICATIONS COMPAi'{Y's service or interference with COMMUNICATIONS
COMPANY's operation of its Antennae, Equipment or Equipment Shelter, except as may be
caused by the negligence or willful misconduct of the City, its employees or agents. In any
event, the City's liability shall not extend beyond the obligation to repair the cause of the
interruption or interference. If the discontinuance extends for a period greater than three (3)
business days, COMMUNICATIONS COMPANY's sole remedy shall be have the right to
43517
6
terminate this Agreement within its sole discretion.
B. With Structure. COMMUNICATIONS COMP A.l~Y shall not interfere with City's
use of the Water Tower or Property and agrees to cease all such actions which unreasonably and
materially interfere with City's use thereof no later than three (3) business days after receipt of
written notice of the interference from City. In the event that COMMUNICATIONS
COMPANY's cessation of action is material to COMMUNICATIONS COMPANY's use of the
Water Tower and Property and such cessation frustrates COMM:UNICATIONS COMPAi'lY's
use of the Water Tower and Property, within COMlYfUNICATIONS COMPANY's sole
discretion, COMMUNICATIONS COMPANY shall have the immediate right to terminate this
Agreement.
C. With Hi!Zher Priority Users. If COMMUNICATIONS COMPANY's Equipment
causes impermissible interference with the parties identified in paragraph 10 above or with pre-
existing tenants, COMMUNICATIONS COMPANY shall take all measures necessary to correct
and eliminate the interference. If the interference cannot be eliminated within 48 hours after
receiving City's written notice of the interference, COMMUNICATIONS COMPANY shall
immediately cease operating its Antennae and shall not reactivate operation, except intermittent
operation for the purpose of testing, until the interference has been eliminated. If the
interference cannot be eliminated within 30 days after COMM"lJNICATIONS COMPANY
received City's written notice, City may at its option terminate this Agreement immediately.
D. Interference Studv - New Occuoants. Upon written notice by City that it has a
bona fide request from any other party to lease an area including or in close proximity to the
Water Tower and Property, COMMUNICATIONS COMPAi'lY agrees to provide City, within
twenty (20) days, the radio frequencies currently in operation or to be operated in the future of
each transmitter and receiver installed and operational on the Water Tower and Property at the
time of such request. City may then have an independent registered professional engineer of
City's choosing perform the necessary interference studies to determine if the new applicant's
frequencies will cause harmful radio interference to COMMUNICA TIONS COMPANY. City
shall require the new applicant to pay for such interference studies. City agrees that it will not
grant a future lease in the Water Tower and Property to any party who is of equal or lower
priority to COMMUNICATIONS COMPANY, if such party's use is reasonably anticipated to
interfere with COMMUNICATIONS COMPAL"lY's operation of its Antennae or Equipment.
12. Future Development. COMMUNICATIONS COMPAi'lY understands and
acknowledges that the City may utilize the Property for public use at some future date, and that
the design and manner of such use shall be in the sole discretion of the City. In the event that
City undertakes such use, then the City and COMMUNICATIONS COMPANY agree to
cooperate with one another as necessary to facilitate both parties use of the Property.
13. Indemnity.
A. General. COMMUNICATIONS COMPANY agrees to defend, indemnify and
hold harmless City 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 the City or for which the City may be liable in the
43517
7
performance of this Agreement, except those which arise solely from the negligence, willful
misconduct, or other fault of the City . COMMUNICATIONS COMP Al'lY shall defend all
claims arising out of the installation, operation, use, maintenance, repair, removal, or presence
of COM1vlUNICATIONS COMPANY's Antennae, Equipment and related facilities on the
Property .
...
...
B. Hazardous Materials. City represents that City has no knowledge of any
substance, chemical, or waste on the Property that is identified as Hazardous Materials, toxic
or dangerous in any applicable federal, state or local law or regulation. Without limiting the
scope of Subparagraph 13(A) above, COMMUNICATIONS COMPAl'lY will be solely
responsible for and will defend, indemnify, and hold the City, 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 in connection with the cleanup or restoration of the Water Tower and
Property associated with COMMUNICATIONS COMPANY's use of Hazardous Materials. For
purposes of this Agreement, "Hazardous Materials" shall be interpreted broadly and specifically
includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or
materials as defmed in any federal, state, or local environmental or safety law or regulations
including, but not limited to, CERCLA.
C. COMMUNICATIONS COMPANY's Warranty. COMMUNICATIONS
COMPAl'lY represents and warrants that its use of the Water Tower, Property and Equipment
Shelter will not generate and COrvIMUNICATIONS COMPANY will not store or dispose of on
the Property, nor transport to or over the Water Tower or Property, any Hazardous Materials,
unless COMMUNICATIONS COMPANY specifically informs the City thereof in writing
twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as
COMMUNICATIONS COMP A1'lY becomes aware of the existence of Hazardous Materials on
the Property. The obligations of this paragraph 13 shall survive the expiration or other
termination of this Agreement.
14. Damage to the Water Tower or to the PropertY. COMMUNICATIONS
COMPAl'lY's installation, operation, maintenance, modification, and removal of the Antennae
and Equipment shall not damage or interfere in any way with the Property or the Water Tower
operations or related repair and maintenance activities. If the activities of COMMUNICATIONS
COMPANY, or those of its agents, representative, employees, contractors, or subcontractors,
cause such damage or interference, COMrvlUNICA TIONS COMP Al'lY will cure damage or
interference within thirty (30) days after receipt of written notice. If COMMUNICATIONS
COMP Al'lY fails to cure such damage or interference, the City without further notice may take
such steps as it deems necessary to repair the damage or remedy the interference, at the sole cost
and expense of COM1vlUNICATIONS COMPANY.
15. Casualty. If any portion of the Property, Water Tower or Antennae is damaged
by any casualty and such damage materially and adversely affects COMMUNlCA TIONS
COMPAl'lY's use of the Water Tower or Property, COMMUNICATIONS COMPANY may
give thirty (30) days' notice of its intention to terminate this Agreement. Such notice must be
given within fifteen (15) days of notice of the casualty. If the Agreement is terminated under
the provisions of this paragraph, the COMMUNICATIONS COMPANY shall not be entitled to
retain any portion of the annual rental.
43517
8
16. Ouiet Enjovment. COMMUNICATIONS COMPANY, upon paying the rent,
shall peaceably and quietly have, hold and enjoy the Property and Water Tower. If, as of the
date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance
affecting the City's Property or Water Tower, then City agrees to obtain from the holder of such
encumbrance an Agreement that COMMUNICATIONS COMP AJ."lY shall not be disturbed in
its possession, use ami enjoyment of the Property and Water Tower. The City shall not cause
or permit any use of the Property which interferes with or impairs the quality of the
communication services being rendered by COMMUNICATIONS COMPANY from the
Property .
17. Insurance.
A. As long as this Agreement is in effect, COMMUNICATIONS COMPANY shall
maintain a general liability insurance policy that provides coverage for the Property and the
Water Tower from any damage to property or injuries to persons. Said insurance policy shall
provide coverage on an occurrence basis in an amount no less than Two Million Dollars
($2,000,000), and shall include contractual liability coverage to provide coverage for the
indemnification provision in paragraph 13 of this Agreement. Said insurance policy shall list
the City as an additional insured party. Said policy shall contain a clause that provides that the
insurer will not cancel, non-renew, or materially change the policy without first giving the City
thirty (30) days prior written notice. COMMUNICATIONS COMPANY shall provide the City
with a Certificate of Insurance for said policy which specifically details the conditions of the
paragraph. COMMUNICATIONS COMPANY shall also maintain fire and extended coverage
insurance insuring COMMUNICATIONS COMPA1'lY'S personal property for its full insurable
value (subject to reasonable deductibles).
B. Notwithstanding anything in this Agreement to the contrary, each party releases
the other party from all liability , whether for negligence or otherwise, in connection with a loss
covered by any policies which the releasing party carries with respect to the Property, including
the Antennae and Equipment Shelter, but only to the extent that such loss is collected under such
insurance policy(s). Any policy required to be obtained pursuant to this Paragraph 17 shall
contain a Waiver of Subrogation in favor of the other party to this Agreement.
C. COM},tfUNICATIONS COMPANY shall provide City with proof of workers'
compensation insurance covering all of COMMUNICATIONS COMPAJ."lY's employees and
agents who access the Property.
18. Condition of PropertY. COM},tIUNICATIONS COMPAJ."lY acknowledges that
the City makes no representations or warranties regarding the suitability of the Property or the
Water Tower for COMMUNICATIONS COMPANY's intended use under this Agreement. City
represents that the Water Tower and Property are in compliance with all building and other
life/ safety codes.
19. Condemnation. In the event the whole of the Property is taken by eminent
domain, this Agreement shall terminate as of the date title to the Property vests in the
condemning authority. In the event a portion of the Property is taken by eminent domain, either
party shall have the right to terminate this Agreement as of said date of title transfer, by giving
thirty (30) days' written notice to the other party. In the event of any taking under the power
43517
9
of eminent domain, COMMUNICATIONS COMPANY shall not be entitled to any portion of
the reward paid for the taking and the City shall receive full amount of such award.
COMMUNICATIONS COMPANY hereby expressly waives any right or claim to any portion
thereof. Although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Property, shall belong to City, COM.l\1UNICATIONS COMP.L\NY
shall have the right to claim and recover from the condemning authority, but not from City, such
compensation as may be separately awarded or recoverable by COMl\1UNICA TIONS
COMPANY on account of any and all damage to COMMUNICATIONS COMP.L\NY's business
and any costs or expenses incurred by City in moving/removing its Antennae, Equipment or
personal property. Sale of all or part of Water Tower or Property to a purchaser with power
of eminent domain in the face of the exercise of the private, shall be treated as a taking by
condemnation.
20. Waiver. Except as otherwise provided in this Agreement, the rights and remedies
of the parties to this Agreement, whether provided by law or by this Agreement shall be
cumulative, and the exercise by either party of anyone or more of such remedies shall not
preclude the exercise by it, at the same or different times, of any such remedies for the same
default or breach of any of its remedies for any other default or breach or of any of its remedies
for any other default or breach by the other party. No waiver made by either such party with
respect to the performance, or manner of time thereof, or any obligation under this Agreement
shall be considered a waiver of any rights of the party making the. waiver with respect to the
particular obligation of the other party or condition to its own obligation beyond those expressly
waived in writing and to the extent thereof, or a waiver in any respect in regard to any other
rights of the party making the waiver of any other obligation of the other party. Delay by a
party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
21. Miscellaneous.
A. Whole Al1reement: Modification: This Agreement contains all of the terms and
conditions relating to the rights granted herein, and replaces any oral agreements or other
negotiations between the parties relating to the Agreement. No modifications to this Agreement
shall be valid unless and until they have been placed in writing and signed by both parties
hereto.
B. Severabilitv: If any term of this Agreement is found to be unenforceable or
invalid by a court of competent jurisdiction, such unenforceability or invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
C. Authority: Each party represents and warrants that it has full authority to enter
into and to sign this Agreement.
D. Counte1l'arts: The parties may sign this Agreement in counterparts.
E. Bindimz Effect: The terms, conditions, representation and covenants of this
Agreement shall extend to and bind the heirs, personal representatives, successors and assigns
of the City and COMMUNICATIONS COMPANY.
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10
F. Assignment and Dele~ation:
(a) By COMMUNICATIONS COMP.A.NY: Except for COMMUNICATIONS
COMPANY's affiliates or subsidiaries, COMMUNICATIONS COMPANY may
not assign or pledge its rights or delegate its duties under this Agreement without
the City's prior written consent, which consent the City shall not unreasonably
withhold. For purposes of this Section, an "affiliate" means an entity that
controls, is controlled by, or is under common control with
COM11UNICATIONS COMPA1~Y. No assignment or delegation shall release
COMMUNICATIONS COMPANY from any of its obligations arising under this
Agreement.
(b) By the Citv: The City may freely assign its rights and delegate its duties
under this Agreement to a joint powers organization of which it is now a
member, or to any such organization to which it may become a member during
the term of this Agreement.
G. Notices: Notices shall be in writing and personally delivered, sent by United
States Mail, postage prepaid, cenified or registered with retUrn receipt requested or by any
nationally recognized overnight courier service to the following:
If to City:
City of Prior Lake
A TIN: City Manager
With a Copy to:
Suesan Lea Pace
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
If to
AnN:
Department
With a Copy to:
A TIN: Real Estate Department
H. Esto1;)oel Cenificate: Each party agrees to furnish to the other, within ten (10)
days after request, such truthful estoppel information as the other may reasonably request.
I. Goyernimr Law: This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
43517
11
J. Broker. 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.
K. Memorandum of Lease. City agrees to cooperate with COMMUNICATIONS
COMPANY in executing any documents (including a Memorandum of Lease) necessary to
protect COMMUNICATIONS COMPANY's rights hereunder or COMNIUNICATIONS
COMPANY's use of the Water Tower, Property or Equipment Shelter.
L. Headin~s. Headings at the beginning of paragraphs herein are for convenience
of reference, shall not be considered part of this Agreement and shall not influence its
constrUction.
IN WITNESS HEREOF, the parties have executed this Agreement as of the date fIrst
above written.
CITY OF PRIOR LAKE
Approved as to form and
execution:
By
Its "Mayor
City Attorney
By
Its City Manager
By
Its
By
Its
43517
12
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of ,
1996, by Lydia Andren and Frank Boyles, the Mayor and City Manager of the City of Prior
Lake, Minnesota, a municipal corporation, on behalf of the City, and pursuant to authority
granted by its City Council.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
1996, by and , the and
of , a corporation, on behalf
of the corporation.
Notary Public
DRAFTED BY:
C~BELL, ~TSON, SCOTT
& FUCHS, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
(612) 452-5000
S~P:kgm
43517
13
EXHIBIT A
to
WATER TOWER ANTENNAE AGREEMENT
(Legal Description)
Pursuant to that certain Water Tower Antennae Agreement dated
between the City of Prior Lake, as Lessor and ,
as Lessee, Lessee is leasing from Lessor a certain portion of the real property owned by the
Lessor (the "Property"), which is legally described as follows:
[LEGAL]
and commonly known as
43517
14
EXHIBIT B
to
WATER TOWER ANTENNAE AGREEl\1E."'IT
(Site Plan)
43511
15
EXHIBIT C
to
WATER TOWER A.J.'ITENNAE AGREElVIENT
(Conditions Precedent)
1. All permits from all local or federal land use jurisdictions for the intended use.
2. All local airspace authorities and FAA determination of no hazard to airspace.
3. FCC authorization to utilize this location for the intended use.
4. COMl\.1UNICATIONS COMPANY's technical reports must establish to its exclusive
satisfaction that the property is capable of being suitably engineered to accomplish
COMMUNICATIONS COMPANY's intended use of the Property.
43517 16
EXHIBIT D
to
WATER TOWER ANTE1~AE AGREEMENT
(Equipment Shelter)
City of Prior Lake
Prior Lake, MN
Ph. (612)
Fax (612)
Quantity: -L
Description:
Structure:
Structural Steel Skid
Floor.
Walls.
Ceiling: .
Roof.
Exterior.
43517
17