HomeMy WebLinkAbout99-001 APT Antenna Site Plan
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ADDITIONAL
MA TERIAL/PLANS
A V AILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
YEAR: /t]1CJ
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WATER TOWER ANTENNAE AGREEMENT
THIS AGREEMENT is made and entered into this I~ day of /fhJz:A , l22.2, by 'and
between the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal corporation (hereinafter
referred to as the "City"), and APT Minneapolis, Inc., (APT) . a Delaware
corporation (hereinafter referred to as "COMMUNICATIONS 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. COMMUNICA nONS COMPANY 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. The parties desire to enter into this Agreement relating to the use ofthe Water Tower.
AGREEMENTS
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 Space. 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 govemmentally're1ated communication systems for the City of
Prior Lake. Subject to the terms of this Agreement, the City authorizes COMMUNICATIONS
COMPANY'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 COMMUNICATIONS COMPANY 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 ofthis Agreement shall begin on/fbr.cA I . 1999, subject to
satisfaction of the conditions described in Exhibit C, and end at midnight on December 31, 2003 ("Initial
Term"). COMMUNICATIONS COMPANY shall have the right to extend the Initial 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 Compensation.
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A. Initial and Renewal Term. Beginning on /YJP~ I , .l22.2 and on each December
31 st during the Initial Term, rent shall be paid, in one payment, by COMMUNICATIONS COMPANY
to the City in the annual amount of $13.000.00. Thereafter, the annual rent for each Renewal Term shall
increase by fifteen percent (15%).
B. Supplementary 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 COMPANY:
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. The City may require a cash
payment in lieu of the supplementary equipment. Should the City, at its election, elect a cash payment,
each portable telephone, battery and adapter shall be valued at Two Hundred Fifty Dollars ($250.00) for
a total of $750.00. This provision applies to the Initial Term and each Renewal Term.
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 ofa
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 COMPANY'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 COMPANY 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 COMMUNICATIONS COMPANY installs the Antennae, which
approval shall not be unreasonably withheld or delayed. COMMUNICATIONS COMPANY 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. COMMUNICATIONS COMPANY shall store all Equipment related to the Antennae in
the Equipment Shelter.
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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 COMPANY 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 the City incurs any costs associated with providing
COMMUNICATIONS COMPANY 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 COMPANY services
where the interruption is due to an emergency or performance of maintenance and repairs on the Water
Tower.
F. COMMUNICATIONS COMPANY 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 COMPANY 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.
I. The City represents and warrants to COMMUNICATIONS COMPANY that
COMMUNICATIONS COMPANY shall enjoy ingress, egress and access from an open and 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 COMMUNICA TIONS COMPANY. Any access
easements rented to COMMUNICATIONS COMPANY shall terminate upon termination of this Water
Tower Antennae Agreement and COMMUNICATIONS COMPANY agrees to execute any and all
documents necessary to remove the easement from the Property.
5. Maintenance of Antennae: Modification. COMMUNICATIONS 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
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Agreement, COMMUNICATIONS COMPANY shall have the Antennae and Water Tower inspected by
a Registered Civil Engineer and provide the City with a copy ofthe inspection report. If
COMMUNICATONS COMPANY fails to do so, and such failure creates a risk of damage or injury to
persons or property (as determined in the reasonable discretion ofthe 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
COMPANY 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 COMPANY 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 COMPANY 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 regarding 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 installation of emergency
power generators within the Equipment Shelter. The City shall not be liable, and COMMUNICATIONS
COMPANY waives any and all claims against the City, for any interruption of electrical or other utility
services to the Property, Antennae or Equipment Shelter.
7. Removal of Antennae and Equipment.
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, n~rmal wear and tear excepted. In the event
COMMUNICATIONS COMPANY fails to do so remove any component of the Antennae, the
Equipment, or both, or to return the Water Tower and the Property to their original condition, within
thirty (30) days of the termination of this Agreement, then the City shall have the rightto remove the
Antennae or Equipment at COMMUNICATIONS COMPANY's sole cost and expense. If
COMMUNICATIONS COMPANY fails to reclaim the Antennae or Equipment with thirty (30) days'
notice form the date of removal by the City, said Antennae or Equipment shall without further notice be
deemed abandoned. No Antennae or Equipment will be released by the City to COMMUNICATIONS
COMPANY until COMMUNICA TIONS COMPANY 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 ofthe City the Equipment Shelter shall either remain upon the
Property in the location depicted on Exhibit D or at the sole expense ofthe COMMUNICATIONS
COMPANY be removed and the Property returned to its original condition.
8. Termination.
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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:
(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);
(b) by COMMUNICATIONS COMPANY for cause if it is unable to obtain or
maintain any license, permit, or other governmental approval necessary for the
construction and/or operation or use ofthe Property and the Water Tower as a
transmission facility and Equipment Shelter;
(c) by COMMUNICATIONS COMPANY 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;
(d) 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;
(e) 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;
(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 COMPANY 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
COMMUNICATIONS COMPANY.
9. Non-Exclusive Use. Upon paying the rent as required herein, COMMUNICATIONS
COMPANY 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 COMPANY from the Antennae.
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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 Operations.
A. Temporary Interruptions 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 COMMUNICATIONS 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
COMPANY'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 ofthe interruption or interference. If the discontinuance
extends for a period greater than three (3) business days, COMMUNICATIONS COMPANY's sole
remedy shall be the right to terminate this Agreement within its sole discretion.
B. With Structure. COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY's use of the Water Tower and Property, within
COMMUNICATIONS COMPANY's sole discretion, CO~CATIONS COMPANY shall have the
immediate right to terminate this Agreement.
C. With Higher Priority Users. If COMMUNICATIONS COMPANY's Equipment causes
impermissible interference with the parties identified in paragraph 10 above or with preexisting 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
COMMUNICATIONS 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 COMPANY 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
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to COMMUNICATIONS 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 COMPANY's operation of its Antennae or
Equipment.
12. Future Develooment. COMMUNICATIONS COMPANY 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 ofthe 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 ofthe Property.
13. Indemnitv.
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 performance of this Agreement, except those which
arise solely from the negligence, willful misconduct, or other fault ofthe City. COMMUNICATIONS
COMPANY shall defend all claims arising out of the installation, operation, use, maintenance, repair,
removal, or presence of COMMUNICATIONS 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 COMPANY 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 wi~h 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 defined in any federal, state, or local environmental or safety law or regulations
including, but not limited to, CERCLA.
C. COMMUNICATIONS COMPANY's Warranty. COMMUNICATIONS COMPANY
represents and warrants that its use of the Water Tower, Property and Equipment Shelter will not
generate and COMMUNICATIONS 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 COMPANY
becomes aware of the existence of Hazardous Materials on the Property. The obligations ofthis
paragraph 13 shall survive the expiration or other termination of this Agreement.
14. Damage to Water Tower or to the Property. COMMUNICATIONS COMPANY'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,
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COMMUNICATIONS COMPANY will cure damage or interference within thirty (30) days after receipt
of written notice. If COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY.
15. Casualty. If any portion ofthe Property, Water Tower or Antennae is damaged by any
casualty and such damage materially and adversely affects COMMUNICATIONS COMPANY'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.
16. Ouiet Enjoyment. 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 COMPANY shall not be disturbed in its possession, use and 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 equality ofthe 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 n,otice. 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 COMPANY'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. COMMUNICATIONS COMPANY shall provide City with proof of workers'
compensation insurance covering all of COMMUNICATIONS COMPANY's employees and agents who
access the Property.
18. Condition ofProoertv. COMMUNICATIONS COMPANY acknowledges that the City
makes no representations or warranties regarding the suitability of the Property or the Water Tower for
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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 ofthe 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 of eminent domain, COMMUNICATIONS
COMPANY shall not be entitled to any portion of the award 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, COMMUNICATIONS
COMPANY 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 COMMUNICATIONS COMPANY
on account of any and all damage to COMMUNICATIONS COMPANY'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 power, 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 oftime 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 Agreement; Modification. This Agreement contains all ofthe 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. Severability. 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. Counterparts. The parties may sign this Agreement in counterparts.
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E. Binding Effect. The terms, conditions, representation and covenants ofthis Agreement
shall extend to and bind the heirs, personal representatives, successors and assigns of the City and
COMMUNICATIONS COMPANY.
F. Assignment and Delegation.
(a) Bv COMMUNICATIONS COMPANY. 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 COMMUNICATIONS COMPANY. No assignment or
delegation shall release COMMUNICATIONS COMPANY from any of its obligations
arising under this Agreement.
(b) Bv the City. The City may freely assign its rights and delegate its duties under this
Agreement to ajoint 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, certified or registered with return receipt requested or by any nationally
recognized overnight courier service to the following:
If to City:
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, MN 55372
A TIN: City Manager
With a Copy to:
Suesan Lea Pace
Campbell, Knutson, Scott & Fuchs, P.A.
13 80 Corporate Cltnter Curve
317 Eagandale Office Center
Eagan, MN 55121
Ifto/tPI
31-097S
Department
With a Copy to:
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/T)INN€Aftt.JS ,/lW .5.9131 '0751'1
A TIN: Real Est~te Department
H. Estoppel Certificate. 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. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Minnesota.
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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 COMMUNICATIONS COMPANY's use of
the Water Tower, Property or Equipment Shelter.
L. Headings. 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 ofthe date first above
written.
Approved as to form and
execution:
CITY OF PRIOR LAKE
By W~/ VVtI f,1A~
Its Mayor
~~(J~
City Attorney
By
Its
:~~.
..:lAic- .
11
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this I~./ day of y~yc.h
1999. by Wes Mader and Frank Boyles, the Mayor and City Manager ofthe City of Prior Lake,
Minnesota, a municipal corporation, on behalf of the City, and pursuant to authority granted by its City
Council.
",.JVV..I',,'^^^^"..I'.J'A../\NVI....... - -.' ~...,"''V\.
,~,q~~.., K. E. LlYG....F.,.:.."'..........M... cYE14 ,
\~>>y NOTM," P:,
~" My comm~~::~v', '6,~(.l((J)
.".....,,, ~ ~~..v.+""""\::f i~ 't.. ,!' ~".':--~"
..
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this \ll da~~
by /)')Ic..h_ll)~ and ~^ P. ~~. the O,tec-k and~(
/l)lfv.o?( ~s, ~C-. . a ~.A!- corporation, on be If ~ation.
.1999.
of "IJ:r
~a.&..__.aAAa~.
.A.~""_U'-. .-. . - i
'A=~1tI. TlOTA
,.....-....-
_ r f _ n
a.
DRAFTED BY:
CAJJPBELL,~TSON,SCOTT
& FUCHS, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
(612) 452-5000
SLP:kgm
12
EXlDBIT A
to
WATER TOWER ANTENNAE AGREEMENT
(Legal Description)
Pursuant to that certain Water Tower Antennae Agreement dated //'brei. ~ Jt::(ff
between the City of Prior Lake, and Lessor and APt /l)INt-1EAFbLJ~ :::r....c.... .
as Lessee, Lessee is leasing from Lessor a certain portion ofthe real property owned by the Lessor (the
"Property"), which is legally described as follows:
{LEGAL} 1.or:1, P.::>I..t:CI<.~, ~ Wr.€f<'~ A,;;pma-.J
~~ /Yl/~A. J
and commonly known as ~ AVe, iAr.o=. '1b4IBt.
13
EXHIBIT C
to
WATER TOWER ANTENNAE AGREEMENT
(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. COMMUNICATIONS 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.
15
EXHIBIT D
to
WATER TOWER ANTENNAE AGREEMENT
(Equipment Shelter)
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, MN 55372
Ph. (612) 447-4230 Fax (612) 447-4245
Quantity: _
Description:
Structure:
Structural Steel Skid.
Floor.
Walls.
Ceiling.
Roof.
Exterior.
16
11i!i,i!_~~;)i;:."," ..
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
J&H MARSH & McLENNAN OF ILLINOIS, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
500 WEST MONROE STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CHICAGO IL 60661 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
INSURED
TELEPHONE AND DATA SYSTEMS, INC.
APT MINNEAPOLIS, INC.
30 NORTH LA SALLE STREET
SUITE 4000
CHICAGO IL 60602
COMPANY
A N/A
COMPANY
B FEDERAL INSURANCE COMPANY
COMPANY
C WESTCHESTER FIRE INSURANCE COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
lTR DATE (MM/DD/YY) DATE (MMIDD/YY)
C GENERAL LIABILITY GLS644076 1/01/99 1/01/00 GENERAL AGGREGATE $
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $
CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
AUTOMOBilE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
8 EXCESS LIABILITY (01 )7976-5425 1/01/99 1/01/00 EACH OCCURRENCE $
X UMBRELlA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT $
THE PROPRIETORl INCL DISEASE - POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $
OTHER
2,000,000
2,000,000
1,000,000
1,000,000
50,000
1,000,000
1,000,000
DESCRIPTION OF OPERATlONS/lOCATIONSNEHIClES/sPECIAlITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS)
YITH RESPECT TO SITE AGREEMENT TO INSTALL, OPERATE AND MAINTAIN A SINGLE FACILITY OF TYELVE ANTENNAES ON CITY OYNED YATER TOYER
LOCATED AT 5560 CEDARYOOD STREET, PRIOR LAKE, MN (SITE A1P401)
GENERAL LIABILITY LIMITS APPLY OVER A $150,000 SELF INSURED RETENTION EACH OCCURRENCE.
CITY OF PRIOR LAKE, MINNESOTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
A TTN: FINANCE DIRECTOR EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL
16200 EAGLE CREEK AVENUE --mL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PRIOR LAKE, MN 55372 BUT FAILURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY
;jj; ......,
~. (. .....;;;,;; - ,... J
. J _1l:....I.,,-,,^
United States or America
Federal Coaununlcations Conunlssion
RADIO STATION AUTHORIZATION
CommecdaJ Mobile Radio Services
Penonal Communications Secvtc:e - Broadband
APT MINNEAPOUS, INC.
30 North laSalle Street
Suite 4000
ChIcago, IL 60602
KNLF224
M012
IUNNEAPOUs..&T. PAUl
Channel Block: B
File Number. 0OO21-CW-L-95
Call Sign:
MaIt.et;
'It -,. .... I.t ............. -....... ... ............. II .................. .... .................. .... ... II ..... II. .,. ...... ........ .......... II II I.. .... ...... .., ,_... II ....... ... ... 'I... .... ....1...
The lic~l1see bcteot is aumorized, for me period indicated. to CODStruct and ~ radio transmiCting f~cilities in
accordana: wim me tz:ans and CXJDditions ~ described. 11ti.s authorizaa.on is sabjea ro the proVUiollS of
!be Cnmmllni~tioDS Aa. of 1934, as amended, subseque:nc Acts of Congress, auemaIiooal treaties and agreements
co whicb the United Stares is a signatoty, and all pcrtincm IUles aDd reguWians at me Federal Communicalions
Ovnmi~~ion, conr.aiDed iD tbc TIde 47 of the U.S. Code of Feda3J Regulatlcns.
Initial Grant Dare. . . . . . . . . . .
Five-year Build Out Date .
. . . . . June 23, 1995
. . . . . June 23, 2000
. . . . . . . . June 23, 2005
Expiration Date. . . . . .
CONDmONS :
PurilWU to Sectioo J09(h) of the. Commtmicanoos Act of 1934. as Ami"'Q&d. (47 U.S.C. t 309(h)), [JW liceose
is subject to the foD.owiDg c:onditiOll&: This license docs not vest iD the liceosec my right 10 opcralC a stUioD DOt
any right ill the Die of frc:qw:tJQcs bcyOlld me rem chcrco! nor in any otbcr manner t1:laD 1Drhnri7Hf berein. Neil:bet
Ibis IiccD.sc nor me nglle gx3D~ Ebcrcu:adc:r shall be assigned CX' otbe:wise trBI1S!m-ed in violation of the
Camnqmotions Act of 1934. as lllnYn~d (47 U .S.C. ~ 151. et seq.). 1bia llo:nse is subject in I.tn:JU CD the
light of we or control amtarcd by Section 706 of dlc C.l'Immlmic:a.tions Act of 1934. as amended
(47 U.S.C. t 6(6).
Coaditioos cooEiDued an Page 2.
W AIVF.R~ :
No \lr.livc:rs associated with this autbariz3rion.
usue Date: JUDe 13. 1995
FCC FtI(m 44'i3a
Pa~c: J of ~
oy; ~A?T
312 399 4170;
10/C9/96 1 i :47AMiJetfax #124;?age 3/3
KHlF224
APT MINNEAPOUS, INC.
00021-CW-L-95
CONDrrIONS:
This ~ .ia ~lIbjca fO Ihe cooctiticm dw. 1D Cbc eveDt tba.t Sy&r.ema lWDg !:be same fRq....Qdcs
aa JraDa ~ III"C IUI!laizcd in sn MJ~.eDl frnip reuirlxy (CauadWUI11~ Swcs), Cutarc
~..~ ()f &Dy baac lcadoa ~iIU'.n wiIbia 72 bu (4' mDca) at Ibc Uuiuld ~ bardc:r
&bIU be ~ to aHmbta,l" ay baanfu1 ~ to ~tQs lD 1hc attjKaJl tcmau reaimry
IUd to eDIarc ~ of oqaal K:Ceaa to 1be ~ by bocb ~icot.
'Dais ~ q ~ fD lba cnn4idon tbat Cbe ~~ IbaJl CXJIIJp1,)' with Scdioa 24.204 of die
C".lWftfttlqioD'. ndes, 47 CP.a. 24.204.
'Ibis autbariz:adcm is 3Ubjca fA) me coaditioo. IZW the r>"fr\lImiug balanc:c of the wimUng bid amount will
be paid iD accordaacc wilb Parr 1 of Ibe ClVnmhJlion'. rules, 47 C.F.R.. Part 1.
Issue Date: June 23, 1995
FCC Form 463a
Pag~ 2 o( 2
Property Owner: t!.rry OF /'/Q>.e Lt1-/c::'E:..
Address: ~ C'lJJ1I<uJcvl> 55 /f:.e:,e,-r
Applicant: /'hINluJ:4Pc:t-I-:s. ~ .':lAJc-.
Address: f3a::;o tJ. ~ 7J:t ~ 5:>017E 4f:::o
m IIviI.YiAFoOS., ,1.,1 5S'Y'.3I1
x...... f.S. urveyor. ~ U-v_ NoRD
, ~. f/~/~€LL>J:~4k:/~,
Applicant's Signature
.j
~
. ,
*****
~:n\
SITE PLAN APPLICATION CHECKLIST FOR:
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL,
PUBLIC, AND SEMI-PUBLIC DEVELOPMENTS
DATE:
FILE NAME:
CHECKED BY:
API~
APPLICATION AND FEE ($300.00) WILL BE ACCEPTED ONLY IF ALL OF
THE REQUIRED MATERIALS LISTED BELOW ARE SUBMITTED.
Phone: ~ I J. - l{ Y-=t - LJ;;2 30
Phone: 01;;2.- g3? '-4e>a::>
Phone: bQ-5~l:r~3:T
/;2-;23 -~B
Date
Date
Fee Owner's Signature
TEN (10) ASSEMBLED SETS (24" x 36") OF EACH OF THE FOLLOWING:
V'
v'
~
;J/4
v
-AJ/B
1.)
ACCURATE CERTIFIED SURVEY (showing existing conditions on the site,
within 50' of the site, and the Legal Description).
2.)
3.)
DETAILED SITE PLAN (based on current certified survey).
GRADING AND DRAINAGE PLAN (including storm water runoff
calculations and a map produced by a Professional Engineer; erosion
control plans using MPCA's, Best Manae-ement Practices standards).
4.)
UTILITY PLAN (including proposed sewer, watermain, storm sewer lines,
and profiles of the utilities larger than 4" in diameter, produced by a
Professional Engineer).
5.)
LANDSCAPE PLAN (can be on combined sheets, produced by a Landscape
Architect).
6.)
SIGN PLAN (can be on combined sheets).
,
'~
~
!
v--
~
v--
ilj11
7.) FIRE PROTECTION PLAN (showing fire lanes, hydrants, post indicator
valves, and siamese connections which may be shown on the Site or
Utility Plan).
8.) BUILDING PLANS (exterior wall eJ~vations and floor layout).
9.) TRASH ENCLOSURE (provisions can be on combined sheets).
10.) LUMINARE PLAN (of all outside and building exterior lighting which may
be on combined sheets).
11.) ONE LEGIBLE AND REPRODUCIBLE WRITTEN NARRATIVE (describing
the proposal and variances requested).
12.) A COMPLETE APPLICATION FORM SIGNED BY THE PROPERTY FEE
OWNER (S).
13.) APPLICATION FEE PER CURRENT CITY OF PRIOR LAKE FEE
SCHEDULE.
ADDITIONAL INFORMATION NEEDED IF IT APPLIES:
14.) ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL
ABUTS OR ACCESSES A COUNTY ROAD.
15.) ONE ADDITIONAL SET OF PLANS REQUIRED IF THE PROPOSAL
ABUTS OR ACCESSES A STATE HIGHWAY.
REQUIRED SUBMITTALS FOR THE PLANNING COMMISSION WHICH
MAY BE SUBMITTED AFTER THE DEVELOPMENT REVIEW
COMMITTEE'S APPROVAL:
~ 1.)
,J/A 2.)
,
JJII4 3.)
f
0/A 4.)
10'/ tA 5.)
J!jJL 6.)
V- 7.)
SITE PLAN
LANDSCAPE PLAN
BUILDING EXTERIOR ELEVATIONS
LUMINARE PLAN
WRITTEN NARRATIVE
15 COMPLETE SETS OF THE ABOVE DATA (1-5) IN SIZE 11" x 17" OR
LARGER, ASSEMBLED AND FOLDED TO 8.5" xlI."
ONE COMPLETE SET OF THE ABOVE DATA (1-4) IN SIZE 8.5" xlI",
CLEAR AND LEGIBLE TRANSPARENCIES.
THE FOLLOWING ITEMS WILL NEED TO BE SUBMITTED IN ADDITION
TO THE ABOVE WHEN REQUESTING PUBLIC FINANCIAL ASSISTANCE:
~
;JIlt
8.)
A SHORT NARRATIVE ON THE GROWTH EXPANSION NEEDS OF THE
BUSINESS.
A SHORT NARRATIVE ON THE COMPANY'S MARKET AND TRENDS IN
THE INDUSTRY.
9.)
'JJjR
:tL
Al/A
~/A
tJ!A
*****
10.) THREE (3) YEARS OF HISTORICAL DATA INCLUDING P&L
STATEMENT AND BALANCE SHEETS.
11.) CURRENT INTERIM FINANCIAL STATEMENT.
12.) PERFORMANCE FINANCIAL DATA FOR THE TWO (2) PREVIOUS
YEARS.
13.) ESTIMATED COSTS FOR THE PROPOSED BUILDING, EQUIPMENT,
MARKETING, AND WORKING CAPITAL NEEDS.
14.) TOTAL NUMBER OF JOBS CURRENTLY, AND THE PROJECTED JOBS
WITHIN TWO (2) YEARS.
15.) BUSINESS/MARKETING PLANS IF AVAILABLE.
ALL FINANCIAL DATA WILL BE TREATED IN A
PROPRIETARY AND CONFIDENTIAL MANNER, AND
WILL NOT BE RELEASED TO ANYONE WITHOUT YOUR
PRIOR APPROVAL,
Applications will be reviewed by the Development Review Committee. A member of .
the Planning Staff will notify the Applicant as to any additional information or
modifications needed. Site Plans, which are non-residential, and have no variance
or other possible applications as required, may be administratively approved. Site
Plans requiring a variance or other possible applications will automatically be
scheduled for a Planning Commission Public Hearing when it has been verified
that the application is complete. Items will be scheduled before the City
Council, by the City Manager, upon Planning Commission Recommendation.
SPA
Approved and adopted by the Prior Lake Development Review Committee on September 2, 1993.
APT DEVELOPMENT ACCOUNT
/,.-
2-501710
!~
:~
iG'
..
ii
.
:~
4747
/.,/":
i P~R1~~'6Ef. ......0Tr-.tJf yJ~ ~~-
I -.JIv>;i-Jt#Yld/lUL~{i/WL ~tH9
LaSalle National Bank
Chicago, Illinois 60603
l~hg' 19~
....., "00
'$300,~
DOLLARS 1!lES:'
Ii
:~
~
~
!I
NOT VAUD OVER $5000
l:'
t
r
.~
:i.:.
,~
i
I
------::':Id-----/.. .),>
~~JJ~~~~,p;,~f~~c:',; ,.
'~
J ...W
. nl.ll~l~ ~. JII.(
l
. ....-..
._~.._..---~-_._--------_.._~---- ~_.:._,----~~-~..:_...~-_.:..._---~-~-----_.,- .-'-._---------
r: -.- _...... -;;~~.K-.:.::.~:
___.:_..J,:"!:-""",,,,,,,,_,,
_..._....~ ..::~.;~."""";~..,_ .~~-" ,j:~.._,::.".,.. ,..,,_'_,', ._._.; -.a". ....A~..':_ ....:-=.~ _
....... . ,-"': ,-
~'--_':--_ .-.;:.,. ,'~"_-;';i-::<....-.,.;-
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612)447-4230, FAX (612) 447-4245
RECEIPT # 34508
DATE: . 1/1/ 1'9
I i
Received of f+ PI LV' -' y 11,- ~'~"f',.:'.", -::;l r; (" ( ~-(.f /....J-
the sum of "-+/1_~.!i_ '--h i r ~--r/ .~( ~L -I- i1.G-/;cr-O
\7. ~I t /-' I' .' (' " .
for the purpose of '<...), t:..~ )I /0-7"" "'-pry <. /'.c:"~CL.:..,,....j '- \ -; i P
dollars
\' r""" '\
~ '"1"1 -(; I :
-
Invoice #
$ 3.~c&:-
/', '"
'J (' \ 1 .
(7"'i' ,I'
"---, ~_~},,,) ~ -^, .~ ;;", ~ .1. /\
()eCeiPt Clerk for the. ity of Prior Lake
w I.c:. \J;:3~ .... I , V ,
,--- .. _. J. -~- -.
United States or America
Federal CoInmaDicadoas Commission
RADIO STATION AUTHORIZA nON
COIlll--aal MobIle RadIo Senic8
Penoal clllllm............... Senlce · 8...........
APT MINNEAPOUs,; INC.
30 NorttlLaSaIIe SIreel
SUIte 4000
Ctdcago, IL 60802
1CNLF22C
110'2
"EAPOU.sr. PAUL
Ch-nnPI Block: B
File Number: OOD21-Cw-L-H
Call Sign:
Mal:tec
....... ... ... ......--...-.-....... ........... ..................... .... .................. ...... .... ....... ... ...-................... .... ... .......... ........ .....-........ .... ..... ........
1bc licaI~ bcnlof is aalbarized. tor die p:Dod iDdic'~~ ro CODSllUCl aDd opczara adio "--~I fI.roilOri_ in
~ willa Ibe 1aIDI aad~'~"", ~ described. Tbia lI11"-i_ri~ is aabjecl D cbo pnwiaiou of
!be rftJlt-II"'~DI N:I. of 1934, .. amended. subIequal Acu of Coupal. imcnI~ lIeaIiIIad ...---U
ro wJUda .... UIIiIed s.... is a sir-rrwy, aD4 all p51.mcm mJcs IDd 1C1"1~riooc at die fcdaal Ct'lllllllllllu.ri....'
o-_i~ CODraiDe4 ill me Tide 47 of me U.S. Code at Pcdaal RqnI~n1nnc
IDiti.al Grant Dare. . . . . . . . . . . . . . . . . . . . . . . June 23, 1815
Five-year Build OutDatc. . . . . . . . . . . . . . . . . . . June 23, 2000
Expiration Dare. . . . . . . . . . . . . . . . . . . . . . . . June 23. 200S
roNDmnNS :
PuaIIIII& to Sec:::rrw ]0!I(Jl) of die r......_nniC'aIiO- Ac:t of 1934, as .,..-wt, (47 U.S.c. I DOl)), dIia JicaIIe
is sabjecl to Ibe foDowiq 4*'diticma: This Jkcaac docs 1101 vat in die ~~ lIlY ri_ID CJIICIII8 a IIIIiaD aar
lIlY riIb& ill _11II; of fIcqaax;ia bcyaId 1M ram dIa1:Gt DOl' iD IDY CJIbcr JDIBIa' IbID ........ -~'-' MreiD. Heidler
dUllia:Dsa ... die dgbl grIIIIIld IbI:mmder IIJIIl be assigDed or 0Ibc:rwiIe -.flowed ill vio..... of die
O--~~.. Act of 1934, &I._"'~ (41 U.S.C. 1151. el seq.). lbia Ikasc iI subjec:lmtmasD me
.d.8bl of use ar coaaol cxmt&:m:d by ScaioD 706 of me Cnml'llll'lliarioal Aa of 1934. u. .........
(47 U.S.C. 16(6). ^
CoacIiIiaas c:cmiDued OD Pqe 2.
WA.TVP.R~=
No waivcrs ~11ed Viilb tbia autbarizalioD.
I
hsue Dam: S.... 13. 1995
Pue J 012
r'
.
KNLF224
..
APT MINNEAPOUS, INC.
CONDmONS:
11Iia ~ ill1Ibjec:I UJ .. CGJod;........ ill .. CWIIl dill s~ IIIiq ill.... 6IllI.....
aa ......... _lIIItaizediD III ~,.--r foalip ...4.1 (c....~DiIal SlID), fllllB
{\<--_&. .......<<.,........ ---.. WiIIdII 7'Z 1:18 (4' IIIiIII) of IIIDl1IUm4 5aIaICauda baIdr:r .
..... ...~ to aHN-.r- ay~" iDetfIIc.- fQ 41..:61 '.. ia... Mj~.. baip ....,
DID...-o ~riI....a...-- fIl equal m:aa to tM ~.. by bcIb (\{..'~i-
'DIiI. II ..:..... MallialD 1M ~ dill. .....~.... cx.pa, .... SecIioD 24.206ot..
r~~"""47 CP.... 2VJM.
1"Jaia A'''' ..._Iima ia aubja;I ro dlelYllldfritwl IDI& die ",""Ami". Ml~ of rbc wimliDg bid _ will
be paid ill ~~ wilb PIn 1 of lbe Cnnnn1..~11 ruJa. 47 C.P.R. P.c 1.
0OO21~W.L-95
Issue Dar.e: J-.D, 1995
FCC Form 46311
"2012
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: APT ANTENNA ON CREST WATER
TOWER
An application for Site Plan approval of an antenna and
equipment building on the Crest Water Tower.
APPLICANT: APT
8000 West 78th Street, Suite 400
Minneapolis, MN 55439
PROJECT ENGINEERS: Same
CONTACT PERSON: Steve Katkov, Real Estate and Zoning Manager
612-833-4000
612-833-4110 (Fax)
SITE INFORMATION
PID#: 25-333-001-0
LOCATION: 5560 Cedarwood Street (Crest Water Tower)
EXISTING ZONING: PUD
COMPREHENSIVE PLAN: R-UMD
PROJECT REQUEST: Site Plan Approval for an antenna and equipment building
located on the Crest Water Tower,
DISTRIBUTE TO: APPLICATION FOR:
X Frank Boyles X Greg IIkka Administrative Land Division
X Bret Woodson X Sue McDermott Comprehensive Plan Amend.
X Ralph Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occupation
X Bob Hutchins Verlyn Raaen Rezoning
X Don Rye X Doug Hartman X Site Plan
Jane Kansier X Fire Chief Preliminary Plat
X Jenni Tovar X Bill O'Rourke PUD
DNR - Pat Lynch Minneaasco Final Plat
X County Hwy. Dept. Watershed Dist. Variance
MNDOT Telephone Co. Vacation
SMDC Electric Co.
Other Met. Council
Date Received 12/29/98 Date Distributed 1/4/99 Date Due 1/11/99
Complete Application 1/4/99 Date Distributed to 1/4/99 DRC Meeting 1/7/99
Date DRC
Publication Date NA Tentative PC Date NA Tentative CC NA
Date
60 Day Review Date 3/4/99 Review Extension 5/4/99
1:\99fi1es\99sitepI\99-0 1 \referral.doc
Page 1
I have reviewed the attached proposed request (APT Antenna) for the following:
Water City Code Gradinq
Sewer Storm Water Siqns
Zoninq Flood Plain County Road Access
Parks Natural Features Leqal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Buildina Code
Erosion Control Other
Recommendation: _ Approval
Denial
_ Conditional Approval
Comments:
Signed:
Date:
Please return any comments by Mondav. January 11.1999, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\99files\99sitepl\99-01 \referral.doc
Page 2
) ,
,
I have reviewed the attached pr9posed request (APT Antenna) for the following:
Water City Code x: Gradina
Sewer Storm Water Sians
Zoning Flood Plain CountY Road Access
Parks Natural Features leaal Issues
Assessment Electric 'i Roads! Access
Policy
Septic System Gas Buildina Code
X Erosion Control Other
Recommendation: _ Approval
Denial
~ Conditional Approval
Comments:
!Veer> 'W we; ~f!-Oj.ION COrJ.TfUJL- 5iJC.H- A-.> SILT FelCE 4T
N w AN~ f\kJ~"ftJ etJD OF pl/lt-PIl'J4.
5#0 IN (bAJ4.~/N C, (...1U1 riS.
p[~'N2/~J1);JN~. :.p~~ g:F ~~7;r;;>N:Avc o(L
/~ 17-1& Z _1611 f'1f'G~ ;l'f!...6 70 66 Pl/q IN A Oen4-IL
/JF cVTTIN C, rH-lZouul-/ rHt3 e)(/~N4 6/7'vJ,qI'Nt:7(.J>~v>r
ISo t;;1It7WN rH/$.t/l-1I-U- iIVCLl/[)€ >AwovrrnJ~ JH,.L etAC6S
IZ-6?L#-C,/Nh A-{'J-D c:.o~//A~'TIHct ae/l-VE.L, "Tyye of' h-flx _ ere?,
/ ,
Signed:
~~ /,4-.---
Date:
/-/~-.P ~
Please return any comments by Monday. January 11.1999, to
Jane Kansier, ORC Coordinator
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\99files\99sitepl\99-0 1 \referral.doc
Page 2
~__n
~\
I
I
I have reviewed the attached proposed request (APT Antenna) for the fol!awing:
Water City Code Grading
Sj3wer Storm Water Signs
~ Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: _ Approval
vConditional Approval
Denial
Comments: t 6fd. ~ ~ ..
:<~ 'V~2f;P:~ HH_;JffJ!{?ud- -01 L
1f- {:U, u '~rf/ /AALJ -f1J V<- () ue.-r (g' fU-.p----- ,
C) -~: .IN:vJ
Date:
11/llq7
Signed:
Please return any comments by Mondav. January 11.1999, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\99files\99sitepl\99-01 \referral.doc
Page 2
February 9, 1999
Aerial Communications
Attention: David Meisenburg
8000 W. 78th St.
Suite 400
Mpls, MN 55439
RE: Water Tower Antennae Agreement
City of Prior Lake, MN
Dear David:
Enclosed are 3 copies of the City of Prior Lake's standard "Water Tower Antennae
Agreement" per your request. I have highlighted the areas for you to complete within the
contract agreement. My understanding is that the beginning date of the executed
agreement will be March 1, 1999. The fee amount is summarized below:
Annual Rent
Equipment Shelter
Cash in Lieu of Equipment
Total...
$13,000.00
$12,500.00
$750.00
$26,250.00
The equipment shelter payment as indicated in the contract is a one-time charge, while
the cash payment in lieu of equipment is paid each renewal term (once every 5 years).
Please direct any questions regarding this agreement to my attention at 447-9841.
Sincerely
;(~
Ralph Teschner
Finance Director
City of Prior Lake
cc: .Itmll.;rovar (planning'Dept.) 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
H:ILETTERSILET9903.DOC
FILE COpy
February 5, 1999
Steve Katkov, Real Estate and Zoning Manager
American Portable Telecom
8000 West 78th Street, Suite 400
Minneapolis, MN 55439
RE: Site Plan Review
Dear Mr. Katkov,
'.
The Development Review Committee has approved your site plan. Enclosed please find
a building permit application. We will need three copies of the building and site plans
and one for yourselfif you would like a stamped approved copy for your records, The
following items will need to be addressed prior to issuance of a building permit:
1. Submit a soils report.
2. Building and electrical permits are required.
3. Tower Agreement signed and submitted and fees paid.
Please submit revised plans addressing these issues as part of your building permit. The
building permit cannot be issued until a Tower Agreement has been signed and the
necessary fee of$25,750 have been paid to the City. A Tower Agreement is attached for
your signature. Please fell free to call me if you have any questions or if! can be of
further assistance.
Sincerely,
a~
~i~.
Planning Coordinator
cc; DRC Members
J..:\99EILES\99SITEEL \99-01 \2-3APLTR.DOC
16200 cagle creeK Ave. :S.c., Prior Cake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1
FILE COpy
January 15, 1999
Steve Katkov, Real Estate and Zoning Manager
American Portable Telecom
8000 West 78th Street, Suite 400
Minneapolis, MN 55439
RE: Site Plan.Review
Dear Mr. Katkov,
The following items need to be addressed prior to site plan approval:
1. Maximum fence height is 6 feet. Your proposed fence exceeds this. Fence must be
shorter, and plans modified to indicated a fence height 6 feet or less. Please be
advised, if intended, slats in the fence are not permitted.
2. Erosion control measures must be indicated on the plans, specifically at the Northwest
and North end of the proposed building.
3. Show grading limits on plan.
4. Parking and loading area appear to be limited. Pave or place concrete in southeast
comer of the building.
5. If the two 16" pipes are to be dug in, a detail of cutting through existing bituminous
must be shown. This shall include saw cutting all edges, replacing and compacting
gravel, type of mix, etc.
6. Submit a soils report.
7. Building and electrical permits are required.
Please submit revised plans addressing these issues. Once we review the revised plans
and site plan has been approved, you will be directed to apply for a building permit. The
building permit cannot be issued until a Tower Agreement has been signed and the
necessary fees paid, Please fell free to call me if you have any questions or if I can be of
further assistance.
Sincerely,
~(}. -l\'~
J e Kansier
lanning Coordinator
cc: DRC Members
...L:\99EILES\99SITEEL\29-0 1 \1-15LTR.DOC
16200 Eagle CreeR Ave. ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Memorandum
DATE: January 15, 1999
TO: Jenni Tovar
FROM: Robert D. Hutchins \L~ *
RE: American Portable Telecom Tower
Sn:eet Building
Following are the results of the preliminary plan review for the American Portable
Telecom Tower street Building. Our review was based on the Minnesota State
Building Code (MSBC) which adopted with amendments the 1997 Uniform
Building Code (UBC).
1. Submit a soils report.
2. provide height of fence.
3. Are slats provided in the fence? If they are provide engineering on wind
loading.
4. A building permit and electrical permit are required.
This is a preliminary review only. Other code items may be addressed when
the final plans are submitted.
FILE COpy
January 4, 1999
Steve Katkov, Real Estate and Zoning Manager
American Portable Telecom
8000 West 78th Street, Suite 400
Minneapolis, MN 55439
RE: City of Prior Lake Review for Application Completeness for the Site Plan for the
APT Antenna and Equipment Building on the Crest Water Tower
Dear Mr. Katkov:
On January 4, 1999, the City of Prior Lake Development Review Committee (DRC)
determined all of the necessary submittals for an application for the above referenced
Site Plan had been received. This letter serves as your official notification that the
application is now complete.
The DRC will' now begin formal review of the Site Plan. Once we have completed our
review, we will notify you of either approval or of any necessary changes.
If you have questions relative to the review process, or related issues, please contact
me directly at 447-4230.
Sincerely,
~a.1(~
U.~ne ~ansier, AICP
Planning Coordinator
cc: DRC Members
16200 Ei:\.~I~~~~~~l!.>,"l9~'~r'~gke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6r~?~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
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DATE: February 1, 1999
TO: Jenni Tovar, Planner
FROM: Sue McDermott, Assistant City EnQineerju-Q
RE: APT Antenna at Crest Avenue Water Tower
The Engineering Department has reviewed the revised plans and have no additional
comments.
g:\memos\sue99\aptanten.doc
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 29, 1999
Bob Hutchins, Building Official
Sue McDermott, Assistant City Engineer
JenniTovarY
APT Antenna at Crest Avenue Water Tower
Here ar:e revised plans. Let me know your comments by Friday, February 5,
1999 or sooner if possible. Thanks.
A TOS COMPANY
DEe 2. 9 1998
'\ . \'~ L./ I
" , " ___-IV
'J Ut----~.--
L-
APT
AMERICAN PORTABLE TELECOM
8000 West 78th Street, Suite 400
Minneapolis, MN 55439
612-833-4000
Fax 612-833-4110
Ms. Jane Kansier
Development Review Committee
Planning Department
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
December 29, 1998
Re: Installation of a Telecommunications Facility at the Crest Avenue Water Tower
Dear Ms. Kansier and Committee Members:
Introduction
American Portable Telecom ("APT') is interested in installing a communications facility on the
Crest Avenue Water Tower at 5560 Cedarwood Street. Accompanying this letter of introduction,
you will find a site plan application, a check for the application fee of $300, eleven (11) sets of
required drawings and certified land survey, and one set of transparencies incorporating the site
plan, landscape plan and building exterior elevations.
Backaround
APT is a subsidiary of Telephone and Data Systems, Inc. (''TDS''). TDS is a $2 Billion, Chicago-
based telecommunications company which provides cellular telephone, local telephone and radio
paging services to more than 3 million customers in 37 states and the District of Columbia
through its subsidiaries, including United States Cellular Corporation, TDS Telecommunications
Corporation and American Paging, Inc. APT directs personal communication service ("PCS")
technology for TDS under the trade name "Aerial Communications, Inc."
In 1996, APT was granted a license by the Federal Communications Commission ("FCC") to
operate a PCS wireless telephone system in the Twin Cities market area, as well as five other
major markets in the United States, In terms of population equivalents, APT is the fifth largest
PCS license holder in the United States. A copy of our FCC license is enclosed for your files.
PCS is one of the newest emerging low-power wireless technologies. Although similar to
traditional cellular systems, PCS will look, sound and work better, with the added advantage of
being able to provide fax service, paging, computer data, and video transmission in just one
portable handheld telephone. PCS wireless is digital, so it transmits with more clarity than
cellular. Also, PCS technology is secure. User verification systems eliminate cloning, and
encryption devices prevent calls from being overheard. These are just some of the features PCS
offers over other technologies.
, Development Review Committee
December 29, 1998
Page Two
APT Proposal
We propose to install three (3) banks of four (4) antennas each on the Water Tower at
approximately 95 feet centerline above ground at 60,180, and 270 degrees. We would install
our communications equipment outside the base of the water tower in a block building, similar in
size, shape and design as the existing communications shelters on the site. Antennas and
communications equipment would be connected by use of approved transmission lines (called
"coaxial cable" by the industry) fastened along the ladder chase inside the water tower. Our
installation would meet all of the technical requirements imposed by the City.
As APT cannot feasibly co-locate on an existing free-standing tower or building structure and
meet its RF coverage demands for Prior Lake, the Water Tower becomes the logical alternative.
The Water Tower provides the best RF coverage in the area and presents a familiar installation
for APT. APT has installed communications facilities on 61 water towers within its network to
date. Therefore, APT is accustomed to the requirements and concerns raised by this type of
installation and can meet them without jeopardizing the City's primary objective of providing safe
drinking water to the residents of Prior Lake.
General Consideration
APT's service usage continues to grow a strong customer base within the City of Prior Lake.
Coverage issues are unique here, due to the dramatic changes in elevation. Coverage issues
effect both our ability to increase marketshare and also the customer's ability to use APT's
service with reasonable expectation for clarity. Customer complaints of "dropped calls" reflect a
difficulty in having the necessary antenna locations. Correcting these problems will have a direct
benefit on the City's residents who are served by APT's system.
Consent Reauested
APT requests the consent of the Development Review Committee to the use of the Crest
Avenue Water Tower to install a PCS communications facility. APT has reviewed the City's
standardized water tower antennae agreement is prepared to execute that agreement upon
successful review of this committee. APT looks forward to working with the City on this issue
and developing a mutually beneficial business relationship. If you have any questions or
concerns that you wish to discuss with me, please feel free to contact me at 612- 833-4078.
Sincerely,
~ff~
Steven P. Katkov
Real Estate and Zoning Manager
"'M'''''-'';'''~'''~'''~''''''-'
November 5, 1998
Steve Katkov
Aerial Communications
8000 West 78th Street
Suite #400
Edina, MN 55439
RE: Antennas and Equipment Shelters on City Property
Dear Mr, Katkov:
Attached is a copy of the City of Prior Lake Policy for the Placement of Antennas and
Equipment Shelters on City Property. This policy explains the minimum requirements
and procedures for the placement of these structures. I am also including a site plan
application for your information and use.
If you have any questions, please contact me at 447-4230.
Sincerely,
~a. f{~
U~~~_~. Kansier, AICP
Planning Coordinator
Enclosures
J.:\98fil~\98corr.es\jane\katka.v ,doc .
16200 cagle ueeK Iwe. :::>.t.., Pnor Lake, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER