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05(O) - Resolution Approving a Lease Agreement with AT&T at the Cedarwood St Water Tower Report
Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 1 of 28 CITY OF PRIOR LAKE COMMUNICATION FACILITIES LEASE AGREEMENT ___________________________ This Communication Facilities Lease Agreement (“Agreement”) is between the City of Prior Lake, Minnesota, a Minnesota municipal corporation, (“City”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Communications Company”). City and Communications Company may be referred to individually as “party” and collectively as “parties”. RECITALS: A. City is the owner of certain real property located in Scott County, State of Minnesota, and more particularly described in Exhibit A attached hereto (“Land”) on which is situated a water tower (“Water Tower”). The Land and Water Tower are hereinafter called the “Property”. B. Communications Company desires a non-exclusive lease to use portions of the Property as described herein for the purpose of constructing, installing, operating, maintaining and repairing a communications facility (“Facility”). C City and Communications Company (or their predecessors in interest) previously entered into that certain Water Tower Antennae Agreement dated May 1, 2002, (“Existing Agreement”), whereby City leased to Communications Company certain space on the Property for the construction, installation, operation, maintenance and repair of a communications facility. The Existing Agreement expires on April 30, 2022. NOW, THEREFORE, effective on May 1, 2022, the parties agree as follows: 1. Grant of Lease. City grants to Communications Company a non-exclusive lease for the use of the Property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions and provisions contained herein. 2. Term. The term of the lease granted hereby shall be for a period of 5 years (“Term”), commencing on May 1, 2022 (“Commencement Date”). City and Communications Company acknowledge and agree that the Existing Agreement expires on April 30, 2022. Beginning on the Commencement Date, this Agreement shall be the sole instrument governing the lease of space by Communications Company at the Property. 3. Consideration. Communications Company shall pay or provide to City the following: (a) Annual lease fees in the following amounts to be paid in annual installments commencing on or before the first day on which the Term commences and on or before the first day of each year thereafter during the Term and any Extended Term DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 2 of 28 as provided hereafter. Annual lease fees shall increase by 3% each year on May 1 and partial years shall be prorated. Year 1 (2022-2023) $ 30,500.00 Year 2 (2023-2024) $ 31,415.00 Year 3 (2024-2025) $ 32,357.45 Year 4 (2025-2026) $ 33,328.17 Year 5 (2026-2027) $ 34,328.02 (b) Eighty and no/100 Dollars ($80.00) per occurrence to City to reimburse City for its costs incurred by its personnel providing access to the Water Tower to enable Communications Company or its designee access to its Facility if: (i) the access occurs outside of Public Works regular hours (7 a.m. to 3 p.m. Monday through Friday excluding City observed holidays) or (ii) if the notice required in Section 4 (d) below is not provided. This amount shall be increased each year commencing after year one (1) by 3%. City shall invoice Communications Company on an annual basis at the address set forth in Section 32, for all such costs. City shall invoice Communications Company within one year of the date of service. Communications Company shall pay all such invoices within 60 days of receipt. If Communications Company fails to pay any such invoice when due, interest shall begin to accrue on the amount due at a rate of 10% per annum and shall continue to accrue until the amount due is paid in full. (c) Communications Company shall pay all reasonable costs, including engineering and attorney fees, incurred by City in processing and reviewing this Agreement and any amendments, reviews or applications related to this Agreement. City shall invoice Communications Company at the address set forth in Section 32, for all such costs. City shall invoice Communications Company within one year of the date of service. Communications Company shall pay all such invoices within 60 days of receipt. If Communications Company fails to pay any such invoice when due, interest shall begin to accrue on the amount due at a rate of 10% per annum and shall continue to accrue until the amount due is paid in full. 4. Communications Company’s Use. Communications Company may use the following parts of the Property for the transmission and reception of communications signals and the construction, installation, operation, maintenance, upgrade, replacement and repair of the communications fixtures and related equipment, cables, accessories and improvements, which may include antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Facility, all subject to the terms, covenants, conditions and provisions of this Agreement including but not limited to Section 5, all of which are hereafter referred to and are encompassed by the term “Facility”: (a) that certain space on the Water Tower, located and depicted only as set forth on Exhibit B attached hereto. All parts of the Facility installed on the Water Tower shall be painted to match the Water Tower. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 3 of 28 (b) approximately 420 square feet of ground space for the construction, installation, operation, maintenance and repair of a structure on the Property in the location described in Exhibit B attached hereto (“Equipment Structure”) to house and contain Communications Company’s radio transmission, computer equipment and emergency battery and generator equipment. (c) those certain areas where Communications Company’s utility wires, cables, conduits and pipes underground are located on the Property including the Communications Company’s conduits, wires, cables, cable trays and other necessary connections that are located between the Water Tower and Equipment Structure and the electric power, telephone, and fuel sources for the Property all as described in Exhibit C attached hereto (“Utility Easement”). The term of the Utility Easement shall be co-extensive with the Term of this Agreement and the Utility Easement shall automatically expire upon termination of this Agreement. (d) those certain areas described in Exhibit D attached hereto over which Communications Company shall have the right of ingress and egress 24 hours a day, 7 days a week for purposes of construction, installation, operation, maintenance and repair of the Facility (“Access Easement”), provided however, City shall have the right to relocate the Access Easement to a different part of the Property or other Property as may be provided by or through City. Communications Company shall provide the City with written notice at least 5 business days prior to accessing the Property, except in the event of a service interruption or equipment failure. The notice shall be on the form attached as Exhibit E. . The information shall include but not be limited to the identity of the entity and individual accessing the Property and their contact information; the purpose for the access; the dates and hours of access; and proof of the required insurance. In the event of a service interruption or equipment failure, Communications Company need not provide 5 business days’ notice but shall provide the City with as much written or telephonic notice as possible based on the circumstances. City staff must accompany Communication’s Company and/or its designee for any work in proximity to any exposed water source, as determined by the City. The term of the Access Easement shall be co-extensive with the Term of this Agreement and the Access Easement shall automatically expire upon termination of this Agreement. Communications Company’s Facility shall be installed at Communications Company’s expense and shall be maintained in a reasonable condition and secured by Communications Company. Communications Company shall ensure that its use of the Property is consistent with all local, state and federal laws, rules and regulations (“Laws”). If there is a conflict among the Laws they shall govern with the following priority: first federal regulations, then state regulations, and then local regulations. A more restrictive regulation is not a conflict unless preempted. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 4 of 28 5. Applications. Communications Company shall obtain the City’s prior written approval, which may be granted or denied in City’s sole discretion, for all installations (including the initial installation), additions, replacements, relocations, maintenance, repairs, and other work, any of which requires the revision of Exhibits B, C, or D (collectively “Work”).)Notwithstanding the foregoing, maintenance, repairs, and like-kind replacements of equipment and modifications, any of which occur within the interior of the Equipment Shelter, shall not require the prior approval of the City. In order to request such approval, Communications Company shall submit an application for the Work which application shall be in the form and contain the information required by the City. In conjunction with any application, the City may, in its sole discretion, require any or all of the following: (a) Interference Study. The City may require that Communications Company obtain and pay for a radio frequency interference study from an independent qualified professional approved by the City, which approval will not be unreasonable withheld, delayed or conditioned. In the event that Communications Company is not adding any new frequencies and there is no actual interference, an Interference Study will not be required. (b) Engineering Study. The City may require that Communications Company obtain and pay for an engineering study from an independent licensed engineer approved by the City, which approval will not be unreasonable withheld, delayed or conditioned. (c) Construction Plans. The City may require that Communications Company provide detailed construction plans. (d) Escrow Agreement. The City may require that Communications Company pay an escrow and enter into an escrow agreement with the City to secure payment of City’s actual costs for reviewing the application and overseeing the Work. If City determines based on the application and all other information submitted that the Work in the application will interfere with another user in violation of this Agreement or will not be structurally sound the City may deny the application by written notice to Communications Company.) If City disapproves the application then the Communications Company may provide City with a revised application, such revisions to be within Communications Company’s reasonable discretion. In the event City disapproves of the revised application, Communications Company may either i) make further revisions to the application and submit them to City for review or ii) terminate this Agreement without further liability by providing written notice to City. City will allow access to the information on the application as required by the Minnesota Data Practices Act. 6. Approval of Applications. If City approves the application, all Work shall be completed in compliance with the approved application. In addition, in conjunction with approval of any application, the City may, in its sole discretion, require any or all of the following: DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 5 of 28 (a) As-Builts. The City may require that Communications Company provided as-built drawings upon completion of any Work. (b) Inspections. The City may require consulting engineering inspections beginning at pre- construction and continuing through installation/construction/punch-list and verification of as-builts at project completion. (c) Amendment. The City may require an amendment to this Agreement and/or an increase in the annual lease fees, provided the annual lease fee shall not be increased for any like or in-kind replacement of any equipment of the Facility that is of the same size and weight and which does not change the loading or add any additional lease space to the Water Tower. 7. Liens. 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 Property. 8. Labeling. Communications Company shall ensure that the site ID and an emergency contact number is clearly visible and legible on the Equipment Shelter. 9. Locates. Communications Company shall be responsible for all utility locates relating to its Facility and shall be responsible for all costs and damages related to any failure to do so. The City is not responsible to notify the Communications Company of locate requests. 10. User Priority. Communications Company agrees that the following priorities of use, in descending order, shall apply in the event of interference or other conflict while this Agreement is in effect, and Communication Company's use shall be subordinate accordingly: (a) City; (b) Public safety agencies, including law enforcement, fire, and ambulance services that are not part of the City; (c) Other governmental agencies where use is not related to public safety; and (d) Communications Company and other government-regulated entities whose antenna offer a service to the general public for a fee in a manner similar to public utility, such as long distance and cellular telephone, not including radio or television broadcasters and pre-existing tenants. 11. Non-Exclusive Lease. Communications Company's lease to use those portions of the Property described herein is non-exclusive and City shall have the right to use its Property and to authorize others to do so as the City, in its sole discretion, may determine. In the DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 6 of 28 event that the use of the Property by third parties to whom City may authorize such use constitutes an unreasonable or harmful interference with Communications Company's use of the Facility and/or Property, Communications Company may give notice to City of such interference. If the interference is not corrected within five (5) business days after the giving of such notice, City shall cause such interfering third party to cease all operations which are suspected of causing interference (except for intermittent operation for the purpose of testing) until the interference has been corrected. If after thirty (30) days it has been determined that the third party interference cannot be corrected the Communications Company may terminate this Agreement upon notice to City. Communications Company shall have exclusive use of its Facilities. 12. Utilities and Taxes. Communications Company will be responsible for installation and payment of all utilities required by its use of the Property. Communications Company shall pay all special assessments, and personal property and/or real estate taxes levied by any taxing authority, directly attributable to the Facility as defined in Section 4 above, including those portions of the Property that are a direct result of the installation and use of the Facility and Property by Communications Company. City will provide to Communications Company a copy of any such notice of taxes or special assessments which City may receive from any taxing authority no later than forty-five (45) days prior to the payment due date of such notice. (Subject to any and all limitations imposed by law, Communications Company may contest, at its own expense, any such taxes or assessments.) 13. Maintenance. Communications Company shall remove its Facility from the Water Tower within 90 days of written notice from City that the Facility needs to be removed or secured for maintenance of the Water Tower. Communications Company may install a temporary mobile communications facility on the Land during the maintenance period. The removal and subsequent replacement shall be at Communications Company’s sole cost. All costs for maintenance of the Property and Facility including but not limited to painting or other maintenance of the Water Tower, that result from Communications Company’s use of the Property, shall be paid promptly to City by Communications Company upon City’s demand. Any maintenance will be conducted by City as diligently and expeditiously as possible. 14. Ownership and Removal of Facility. During the Term of this Agreement and any Extended Term, ownership of the Facility will remain in the Communications Company. Upon termination of this Agreement for any reason, including but not limited to expiration of the Term or an Extended Term, the Facility shall become the property of City, except for (a) the Equipment Shelter, the transmitting, receiving, antennae switching equipment and the cabinets commonly associated with wireless telephone service, and (b) those other portions of the Facility which City notifies Communications Company of City’s desire to have removed. Communications Company shall, within 60 days from the termination of this Agreement or the effective date of the City’s notice to remove, whichever is later, remove those portions of the Facility described in subsections (a) and (b) above and shall restore the Property from which they have been removed to its condition at the commencement of the Term, reasonable wear and tear excepted. In order to ensure DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 7 of 28 compliance with this Section, in conjunction with the execution of this Agreement Communications Company shall provide City with a bond, deposit or escrow in form and substance as approved by the City Attorney in the amount of $10,000, to cover the cost of removing and disposing of the Facility and restoring the Property in the event Communications Company does not comply with the removal obligations set forth within this Section 14. Upon removal of the Facility as set forth in this Section 14, City shall refund to Communications Company the full amount of the deposit or escrow or release the bond if Communications Company fully complied with this Section or any amount not used by City to complete Communications Company’s obligations under this Section 14 if Communications Company did not fully comply with this Section. 15. Technology. Communications Company shall use the Facility exclusively to provide communications services operating on frequencies which are authorized for Communications Company’s use by the Federal Communications Commission (“FCC”). Communications Company shall provide the City with thirty (30) days’ written notice of any change in operating frequencies. 16. Defense and Indemnification. (a) General. Communications Company shall defend, indemnify, and hold City harmless against any claim of liability or loss from personal injury, property damage or liens resulting from or arising out of the use and occupancy of the Property and the installation and/or removal of the Facility by the Communications Company, its officers, employee or agents, including reasonable attorneys' fees and costs, provided such injury to persons or damage to Property are not due to the sole negligence, willful acts or omissions of City, its officers, employees or agents. City shall promptly provide the Communications Company with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 16 and provide the Communications Company with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like. City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the Communications Company, and shall fully cooperate with Communications Company in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the Communications Company of its indemnity obligation, except (1) to the extent Communications Company can show it was prejudiced by the delay; and (2) Communications Company shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. (b) Hazardous Materials. Without limiting the scope of Section 16(a) above, except to the extent caused by others, Communications Company will be solely responsible for and will defend, indemnify, and hold 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 Property resulting from Communications Company’s use of DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 8 of 28 Hazardous Materials. City and Communications Company agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. In the event Communications Company becomes aware of any Hazardous Materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Communications Company’s sole determination, renders the condition of the Property unsuitable for Communications Company’s use, or if Communications Company believes that the leasing or continued leasing of the Property would expose Communications Company to undue risks of liability to a government agency or other third party, then Communications Company will have the right to terminate this Agreement upon written notice to City. For purposes of this Agreement, “Hazardous Materials” shall mean: Any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §9601-9657, as amended). (c) Communications Company’s Warranty. Communications Company represents and warrants that its use of the Property will not generate and Communications Company will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials. City and Communications Company acknowledge that Communications Company shall be utilizing and maintaining on the Property sealed batteries, propane, an HVAC system, electronic devices, automobiles, and a halon/FM200 fire suppression system, and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentences of this Section. In the event that Communications Company wants to install a generator Communications Company must obtain City’s prior written consent. 17. Insurance. (a) General Commercial Liability. Communications Company shall maintain an occurrence form commercial general liability insurance coverage based on ISO form CG 00 01 or a substitute form providing substantially equivalent coverage. Such coverage shall include, but not be limited to, bodily injury, property damage – third party, and personal injury, for the hazards of premises/operation, contractual, independent contractors, and products/completed operations. The policy shall have coverage limits of $5,000,000 per occurrence and in the aggregate providing coverage for property damage and personal injury or death. Up to DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 9 of 28 $2,000,000 of the coverage amounts set forth may be met by umbrella/excess policies so long as in combination the limits equal or exceed those stated. (b) Property. Communications Company shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use, and shall comply with any local, state or federal, law, rule or regulation. Communications Company may self-insure this risk under the same terms required by this Agreement. (c) Workers Compensation. Communications Company shall maintain worker's compensation insurance as required by law. (d) Additional Requirements. The insurance policies required by this Agreement shall be issued by a company (rated A- VII or better by Best Insurance Guide) eligible to do business in the State of Minnesota, and the required commercial general liability insurance shall include the City as an additional insured by endorsement with respect to this Agreement. The policy shall specify that the coverage will be primary and noncontributory. A certificate of insurance, which evidences the existence of this insurance coverage including the City as an additional insured must be provided to the City before Communications Company, or any party acting on Communications Company’s behalf or at Communications Company’s behest, enters the Property. In the event that the City has tendered a claim to Communications Company, or its insurer, or its insurer has denied coverage to the City, Communications Company (in a mutually agreed upon location) will make available to the City within fifteen (15) days of the City’s written request to Communications Company, a copy of actual, authentic and applicable insurance policies for review (but not for copying, faxing or otherwise reproducing any part of any policy or other insurance correspondence), subject to the City first executing Communications Company’s standard non-disclosure agreement. The policy review is limited to no more than three days during a consecutive six-month period and must be conducted during Communication Company’s normal business hours while the City’s representative is accompanied by a Licensee Risk Management professional. Upon completion of review no copies will be made and all policies will be returned to Communication Company’s Corporate Risk Management Department. Any policy that is cancelled or non-renewed shall be replaced with insurance meeting the requirements set forth herein in a manner that ensures that no gap occurs in coverage. Communications Company shall provide current certificates of insurance any time there is a change in coverage and such certificates shall show that no gap in coverage occurred. (e) Subcontractors. Communications Company shall require all subcontractors to meet the insurance requirements set forth herein. All entities or persons accessing the Property or Water Tower shall provide to the City proof of such insurance. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 10 of 28 18. Temporary Interruptions of Service. When City determines that continued operation of Communications Company’s Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), City may, without prior notice to Communications Company, cause discontinuance of the operation of Communications Company’s Facility or may order Communications Company to temporarily discontinue its operation giving its reason for such order. Temporary discontinuance of Communications Company’s operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Communications Company shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Communications Company, City shall notify Communications Company as soon as possible after its action and give its reason for taking action. 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 Facility. If the discontinuance shall extend for a period greater than 3 days, either consecutively or cumulatively, Communications Company shall have the right to terminate this Agreement within its sole discretion without any prior notice. Notwithstanding anything to the contrary in this Agreement, City acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 19. Interference with the Property. Communications Company shall not interfere with City’s use of the Property, or use by others to whom City has granted the use of the Property, and, except for as provided in Section 20 with respect to interference with communications, agrees to cease all such actions which interfere with the use thereof by City or others no later than 5 business days after receipt of written notice of the interference from City. If the interference of the Property cannot be eliminated within 5 business days after Communications Company has received written notice, either City or Communications Company may at its option terminate this Agreement immediately provided Communications Company shall have such extended period as may be required beyond the 5 business days if the nature of the cure is such that it reasonably requires more than 5 business days and Communications Company commences the cure within the 5 business day period and thereafter continuously and diligently pursues the cure to completion. 20. Interference with Communications. Communications Company’s use and operation of its Facility shall not interfere with the use and operation of other third party communication facilities now or hereafter installed on the Water Tower, whether owned by City or another, provided that such third party communication facilities are operating within their respective frequencies and in accordance with all applicable laws and regulations. If Communications Company’s Facility causes interference, 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 Facility 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 DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 11 of 28 Company has received City’s written notice, City may at its option terminate this Agreement immediately without any prior notice. 21. Additional Covenants. Communications Company shall: (a) not install, locate or use a generator, whether natural gas, propane, gasoline or diesel fuel, on the Property without prior written consent from the City; (b) not use any process or method in the construction, installation, operation, maintenance, repair or removal of any Facility upon the Water Tower by means of welding, cutting tool, or other device which could damage the Property or City’s Water Tower, including its interior and exterior paint (if any) or any equipment attached thereto; (c) protect the Water Tower from damage or harm in the event of the repair or maintenance of the Water Tower or other facilities of City; (d) not, without City’s consent, remove, cut, or trim any trees or other vegetation on the Property; (e) replace heritage trees (as defined in Prior Lake City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Property in accordance with the provisions of Prior Lake City Code Section 1107.2100; and (f) operate the Facility in a manner that does not violate Prior Lake City Code Section 605 relating to public nuisances. 22. Default. The following shall constitute an event of default by Communications Company (“Communications Company’s Default”): (a) Communications Company’s failure to make prompt payment of fees and other amounts due within 15 business days after written notice of such payment failure. (b) Communications Company’s failure to comply with Communications Company’s obligations contained in Sections 13, 18, 19 and 20 of this Agreement. (c) Communications Company’s failure to observe or perform any other term, covenant, condition or provision contained in this Agreement within 30 days after written notice to Communications Company specifying such failure and requiring Communications Company to remedy the same, except that there shall be no default if the failure cannot reasonably be cured within such 30 day period and Communications Company has commenced to cure the failure within such 30 day period and diligently pursues the cure to completion. (d) The adjudication of Communications Company as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Communications Company under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Communications Company or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit in each case, which proceedings are not dismissed within one hundred twenty (120) days. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 12 of 28 (e) The filing by Communications Company of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Communications Company; or the filing by Communications Company of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Communications Company of a petition to take advantage of any debtor’s act. (f) Communication Company’s default under any other agreement with the City. The following shall constitute an event of default by City (“City’s Default”): (i) City’s failure to provide access to the Property as required by Section 4 within twenty-four (24) hours after written notice of such failure; (ii) City’s failure to cure an interference problem as required by Section 11 within 48 hours after written notice of such failure to cure; or (iii) City’s failure to perform any term, condition or covenant under this Agreement within thirty (30) days after written notice from Communications Company specifying the failure. No such failure, however, will be deemed to exist if City has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of City. 23. Remedies. Upon Communications Company’s Default, City shall be entitled to terminate this Agreement, obtain an order for specific performance, recover damages, and/or obtain any other remedy available at law or in equity. The exercise of one or more of such remedies by City shall not be deemed an election or waiver of the right to exercise any other remedy. Upon City’s Default, Communications Company’s sole remedy is to terminate this Agreement. 24. No Duty to Repair - Termination. City shall have no duty or obligation to maintain, repair, restore, replace or modify the Water Tower, the Property, or any of City's facilities, fixtures, personal property or improvements located thereon or therein. In addition to City’s right to terminate this Agreement under any other Section of this Agreement, City shall have, and reserves, the right in its sole discretion to terminate this Agreement upon at least 180 days written notice, if, in City’s sole judgment, City shall: (a) convey or transfer to another the Property or Water Tower. (b) discontinue its use of the Water Tower. (c) determines, after consultation with a licensed structural engineer that the Water Tower is structurally unsound for use, 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 Facility or Property; provided that if such a determination is made City may require that Communications Company remove its Facility immediately. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 13 of 28 25. Communications Company – Termination. Communications Company shall have the right to terminate this Agreement upon at least 180 days’ written notice if Communications Company determines that the Property or Facility are unnecessary or inappropriate for Communications Company’s operations for economic or technological reasons. 26. Survival. Upon termination of this Agreement pursuant to City’s or Communications Company’s right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the parties’ obligations under this Agreement shall cease, except Communications Company’s obligations with respect to Sections 7, 12, 13,14 and 16 of this Agreement and to make payment of any amounts to which City is entitled at such time. Termination shall not relieve Communications Company of any liability by way of damages to which City may be entitled upon Communications Company’s Default hereunder. 27. Extended Term. This Agreement and any lease granted hereby shall automatically renew for 2 additional 5 year terms (“Extended Term”) upon the terms, covenants, conditions and provisions herein unless the Communications Company notifies the City in writing of its intention not to renew this Agreement at least 180 days prior to the expiration of the existing Term. The annual lease fees shall increase by 3% each year on May 1. The annual lease fees for the Extended Term to be paid in annual installments are as follows: Year 6 (2027-2028) $ 35,357.86 Year 7 (2028-2029) $ 36,418.60 Year 8 (2029-2030) $ 37,511.15 Year 9 (2030-2031) $ 38,636.49 Year 10 (2031-2032) $ 39,795.58 Year 11 (2032-2033) $ 40,989.45 Year 12 (2033-2034) $ 42,219.13 Year 13 (2034-2035) $ 43,485.71 Year 14 (2035-2036) $ 44,790.28 Year 15 (2036-2037) $ 46,133.99 28. No Representation or Warranty – Conditional Grant. City makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Communications Company use or occupation thereof under this Agreement. The lease granted herein is “as is.” Communications Company is entering into this Agreement and Communications Company’s use of the Property is subject to Communications Company’s own investigation and acceptance. Communications Company’s rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to City’s interest in the Land that may affect or limit City’s right to grant those rights to Communications Company. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 14 of 28 29. Entire Agreement. This Agreement contains all agreements, promises and understandings between City and Communications Company and no verbal or oral agreements, promises, or understandings shall or will be binding upon either City or Communications Company in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 30. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 31. Assignment or Sublease. Without any approval or consent of the City, this Agreement may be sold, assigned or transferred by Communications Company to (i) any entity in which Communications Company directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in Communications Company; (iii) any entity directly or indirectly under common control with Communications Company; or (iv) any entity which acquires all or substantially all of Communications Company's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sublet, sold, assigned, or transferred at any time by Communications Company without the prior written consent of City, which consent may be withheld in the City’s sole discretion. 32. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if: (i) it is directed to City by delivering it personally to the Manager of City; (ii) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or (iii) if deposited cost paid with a nationally recognized, reputable overnight courier. If delivered under (ii) or (iii) the notice must be properly addressed as follows: If to City: City of Prior Lake Attn: City Manager 4646 Dakota Street SE Prior Lake, MN 55372 With a copy to: Campbell Knutson P.A. Attn: David Kendall Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Communications Company: New Cingular Wireless PCS, LLC Attn: TAG – LA DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 15 of 28 Re: Cell Site #: MPLSMN3028 Cell Site Name: Prior Lake (MN) Fixed Asset #: 10081745 1025 Lenox Park Blvd. NE 3rd Floor Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #: MPLSMN3028 Cell Site Name: Prior Lake (MN) Fixed Asset #: 10081745 208 S. Akard Street Dallas, Texas, 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 33. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, in no event will either party be liable to the other party for, or indemnify the other party against consequential, incidental, special or punitive damages. 34. Condemnation. If the whole Land shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then Communications Company may terminate the term of this Agreement as of the date of the granting of the petition or the date of the closing and the lease fees shall be paid up to that day. If a portion of the Property is taken by eminent domain, Communications Company shall have the right to terminate this Agreement by giving written notice thereof to City within 90 days after the date of taking. If a portion of the Property is taken by eminent domain, and this Agreement is not thereafter terminated, Communications Company shall continue in the possession of the remainder of the Property under the terms, covenants, conditions and provisions herein provided, and the annual lease fees shall remain fully due and payable as set forth herein. Any award, compensation, or damages, shall be paid to and be the sole property of the City, but nothing herein shall preclude Communications Company from claiming against the condemning authority with respect to moving expenses and loss of personal property and DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 16 of 28 any other recoverable damages (but not for the loss of the leasehold/lease interest) and receiving an award therefor. 35. Additional Facility. (a) Communications Company acknowledges that City has sole discretion to make additional improvements on the Property, whether or not such improvements affect Communications Company’s Facility. In the event that City elects to make improvements that affect the Communications Company’s Facility, the City will notify the Communications Company 365 days prior to the installation of such improvements. The City and Communications Company will work in good faith to find an alternate location for the affected portions of the Facility. If in Communication Company’s reasonable judgment, no alternate suitable location for the portions of the Facility that must be relocated can be found, the Communications Company may terminate this Agreement with no further liability. (b) Communications Company acknowledges that City may permit third parties to construct additional improvements on the Property. At such time as this may occur, Communications Company will permit said improvements to be placed immediately adjacent to Communications Company’s Facility as long as the improvements do not materially interfere with Communications Company’s use of the Property. Said attachments will be made at no cost to Communications Company, and City will require that the owner of such attachments assure both City and Communications Company that the attachments will not compromise the structural integrity of Communications Company’s Facilities. 36. Successors and Assigns. All of the terms, covenants, conditions and provisions herein shall be binding upon and inure to the benefit of the successors in interest, heirs, and assigns of the parties hereto. 37. Recording of Memorandum. The parties shall execute and either shall be permitted to record at any time the Memorandum of Agreement attached hereto as Exhibit F. If this Agreement is terminated prior to expiration of its Term, or an Extended Term, Communications Company shall record an appropriate instrument to clear the memorandum from the title to the Land. 38. Waiver. No provision of this Agreement will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 39. Counterparts. This Agreement may be signed in counterparts by the parties hereto. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 17 of 28 40. Severability. If any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms, covenants, conditions or provisions of this Agreement, which shall continue in full force and effect. 41. Enforcement. In the event that either party to this Agreement shall bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to recover cost and reasonable attorneys' fees and other reasonable enforcement cost and expenses incurred as a result to such claim. 42. Unmanned Aircraft System. If Communications Company elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, City hereby grants Communications Company, or any UAS operator acting on Communications Company’s behalf, express permission to fly over the applicable Property , and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Communications Company shall comply with all Laws in regards to use of UAS. 43. Casualty. City will provide notice to Communications Company of any casualty or other harm affecting the Facility within fifteen (15) business days of the City becoming aware of the casualty or other harm. If any part of the Facility or the Property is damaged by casualty or other harm as to render the Property unsuitable, in Communications Company’s sole determination, then Communications Company may terminate this Agreement by providing written notice to City, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Communications Company will be entitled to collect all insurance proceeds payable to Communications Company on account thereof. City agrees to permit Communications Company to place temporary transmission and reception facilities on the Property, but only until such time as Communications Company is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including annual lease fees. If City or Communications Company undertakes to rebuild or restore the Water Tower and/or the Facility, as applicable, City agrees to permit Communications Company to place temporary transmission and reception facilities on the Property at no additional annual lease fees until the reconstruction of the Water Tower and/or the Facility is completed. If City determines not to rebuild or restore the Water Tower, City will notify Communications Company of such determination within thirty (30) days after the determination. City agrees that the annual lease fees shall be abated until the Property and/or the Water Tower are rebuilt or restored, unless Communications Company places temporary transmission and reception facilities on the Property. 44. Waiver of Landlord’s Liens. City waives any and all lien rights it may have, statutory or otherwise, concerning the Facility or any portion thereof. The Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law. City consents to Communications DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 18 of 28 Company’s right to remove all or any portion of the Facility from time to time in Communications Company’s sole discretion and without City’s consent; provided that Communications Company complies with the notice requirements of this Agreement and restores the Property to its condition at the commencement of the Term, reasonable wear and tear excepted. [Signature Pages Follow] DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 19 of 28 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. CITY: City of Prior Lake, Minnesota a Minnesota municipal corporation Date:____________, 2023 ______________________________ Kirt Briggs, Mayor ______________________________ Jason Wedel, City Manager DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 20 of 28 COMMUNICATIONS COMPANY: New Cingular Wireless PCS, LLC, a Delaware limited liability company Date:____________, 2023 By: AT&T Mobility Corporation Its: Manager By: Its: DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Area Manager Construction & Engineering Maria Burmeister Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 21 of 28 LIST OF EXHIBITS Exhibit A LEGAL DESCRIPTION OF THE LAND Exhibit B PLANS AND SPECIFICATIONS FOR FACILITY AND EQUIPMENT SHELTER Exhibit C UTILITY EASEMENT Exhibit D ACCESS EASEMENT Exhibit E NOTICE FORM Exhibit F MEMORANDUM OF AGREEMENT DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 22 of 28 EXHIBIT A LEGAL DESCRIPTION OF THE LAND Lot 1 Block 1 Crest Water Tower Addition, commonly known as 5560 Cedarwood Street, Prior Lake, MN. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 23 of 28 EXHIBIT B PLANS AND SPECIFICATIONS FOR FACILITY AND EQUIPMENT SHELTER PROPOSED LEASE AREA DESCRIPTION: That part of Lot 1, Block 1, CREST WATER TOWER ADDITION, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 1; thence North 82 degrees 58 minutes 36 seconds East along the South line of said Lot 1, a distance of 127.95 feet; thence northeasterly along said South line of Lot 1, a distance of 217.62 feet along a tangential curve concave to the northwest, having a radius of 855.49 feet and a central angle of 14 degrees 34 minutes 30 seconds; thence North 33 degrees 52 minutes 56 seconds West, not tangent to the last described curve, a distance of 164.18 feet to the Point of Beginning of the lease area to be described; thence continue North 33 degrees 52 minutes 56 seconds West, a distance of 14.00 feet; thence South 56 degrees 07 minutes 04 seconds West, a distance of 30.00 feet; thence South 33 degrees 52 minutes 56 seconds East, a distance of 14.00 feet; thence North 56 degrees 07 minutes 04 seconds East, a distance of 30.00 feet to the Point of Beginning. (For clean agreement for execution, Insert Drawing 10081745.AE201.LTE 5C 6C 5G.REV 1.200617 and Survey AT&T-PRIOR-LAKE-WT(2022-10849)-SHEETS-1&2) DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 DRAWING INDEX VICINITY MAP LOCAL MAP PROJECT INFORMATION SITE PHOTO AT&T MOBILITY Call before you dig. below.Know what's R TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES BEFORE YOU DIG IN MINNESOTA, CALL GOPHER STATE ONE CALL TOLL FREE: 1-800-252-1166 OR FAX A LOCATE: 1-800-236-4967 www.gopherstateonecall.org MINNESOTA STATUTE REQUIRES MIN OF 48 HOURS NOTICE BEFORE YOU EXCAVATE x x x x T1 CODE COMPLIANCE x x x PROJECT : LTE 5C/6C/5G NR/RETRO SITE # : MPLSMN3028 FA # : 10081745 PTN # : 3511A0TDLT, 3511A0TCAX, 3511A0TDC0 PACE # :MRUMW040912, MRUMW040983, MRUMW040929 JURISDICTION : PRIOR LAKE SITE NAME : PRIOR LAKE ADDRESS : 5560 CEDARWOOD STREET PRIOR LAKE, MN 55372 REFERENCE MATERIALS PROJECT CONSULTANTS A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS SCOPE OF WORK x x THIS IS NOT AN ALL INCLUSIVE LIST. CONTRACTOR SHALL UTILIZE SPECIFIED EQUIPMENT PART OR ENGINEER APPROVED EQUIVALENT. CONTRACTOR SHALL VERIFY ALL NEEDED EQUIPMENT TO PROVIDE A FUNCTIONAL SITE. THE PROJECT GENERALLY CONSISTS OF THE FOLLOWING: LTE 6C 700 FN: - REMOVE (1) HPA-65R-BUU-H8 ANTENNA FROM ALPHA P2. - RELOCATE (1) 80010892 ANTENNA FROM ALPHA P1 TO ALPHA P2. - REMOVE (2) 9745 AA B25A + 700/900P ANTENNAS IN BETA P1 AND GAMMA P1 - ADD (3) NNH4-65C-R6 ANTENNAS IN ALPHA P1, BETA P1, GAMMA P1. - REMOVE GSM TMAS AND RF JUMPERS. - REMOVE (3) 700 RRHS IN P3 (ALL SECTORS). - ADD (3) AIRSCALE B12/14 DUAL BAND RRHS IN P1 (ALL SECTORS). - REUSE EXISTING DC TRUNK. - ADD POWER SHIFT SYSTEM. - REMOVE EXISTING BREAKERS, ADD (3) 50A BREAKERS, ADD ABIA. 5G NR 850: - REMOVE (2) HPA-65R-BUU-H8 ANTENNAS IN BETA P2 AND GAMMA P2. - RELOCATE (2) 80010892 ANTENNAS FROM BETA P3 AND GAMMA P3 TO BETA P2 AND GAMMA P2. - REMOVE (1) 9745 AA B25A + 700/900P ANTENNA IN ALPHA P3. - ADD(1) NNH4-65C-R6 ANTENNA IN ALPHA P3. - ADD (2) NNH4-65C-R6 IN BETA P3 AND GAMMA P3. - RELOCATE RRH4x25-B30 RRH FROM ALPHA P3 TO ALPHA P1. - ADD (3) AIRSCALE B5/B29 DUAL BAND RRHS IN P3 (ALL SECTORS). - REUSE EXISTING PCS DC TRUNK. - ADD (3) 30A BREAKERS. - ADD (1) NEW 18 PAIR FIBER TRUNK TO EXISTING FC12. - SWAP PP AND BATTERY RACK. - ADD (20) BATTERIES. - ADD AMIA, ABIL, ASIK. BWE TOWER TOP RRH SWAP AWS: - REMOVE EXISTING RRH2x40-AWS+RDEM RRHS IN P3 (ALL SECTORS) - ADD (3) AIRSCALE B25/66 RRHS IN P1 (ALL SECTORS). - REUSE EXISTING AWS DC TRUNK. - ADD POWERSHIFT MODULES. - REMOVE EXISTING BREAKERS, ADD (3) 50A BREAKERS. SP1 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS SP2 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS ’ ’ – ’ – – – – ’ – – – – ’ PROPOSED AND EXISTING AT&T EQUIPMENT INSIDE EXISTING AT&T 11'-9" X 27'-9" EQUIPMENT SHELTER - SEE SHEET A2 A1 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS 1/16" = 1'-0" (11x17) SCALE: (OR) 1/8" = 1'-0" (24x36)02'4' 8' ’ PROPOSED AND EXISTING AT&T EQUIPMENT INSIDE EXISTING AT&T 11'-9" X 27'-9" EQUIPMENT SHELTER (9) EXISTING 15A BREAKERS TO BE REMOVED (6) PROPOSED 50A BREAKERS, (3) PROPOSED 30A BREAKERS, TO BE INSTALLED IN EXISTING POWER PLANT. INSTALL THE FOLLOWING EQUIPMENT IN THE EXISTING FIF RACK: - ABIA, AMIA, ABIL, ASIK CARDS - POWER SHIFT SYSTEM - POWER SHIFT MODULES REMOVE EXISTING POWER PLANT INSTALL PROPOSED POWER PLANT REMOVE EXISTING BATTERY RACK INSTALL PROPOSED BATTERY RACK (1) NEW 18 PAIR FIBER TRUNK A2 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS 3/8" = 1'-0" (24x36) (OR) SCALE: 3/16" = 1'-0" (11x17) 01'2'3' PRIOR LAKE REMOVE (1) AT&T PANEL ANTENNA FROM POS. 2 (BETA & GAMMA SECTORS) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 3 AND RELOCATE TO POS. 2 (BETA & GAMMA SECTORS) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 3 (ALPHA SECTOR) REMOVE (1) GSM TMA (TYP. PER SECTOR) REMOVE (1) LTE AWS RRH FROM POS. 3 (BETA & GAMMA SECTORS) REMOVE (1) LTE 700 RRH FROM POS. 3 (BETA & GAMMA SECTORS) REMOVE (1) LTE 700 RRH IN POS. 1 (ALPHA SECTOR)REMOVE (1) AT&T WCS RRH FROM POS. 3 AND RELOCATE TO POS. 1 (TYP. PER SECTOR)REMOVE (1) LTE AWS RRH IN POS. 1 (ALPHA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 1 (BETA & GAMMA SECTORS) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 1 AND RELOCATE TO POS. 2 (ALPHA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 2 (ALPHA SECTOR) PRIOR LAKE PROPOSED (1) AT&T AIRSCALE B12/B14 RRHS. (1) PER SECTOR IN POS. 1. (TYP. OF 3 SECTORS) RELOCATED (1) AT&T PANEL ANTENNA FROM ALPHA POS. 1 TO POS. 2 PROPOSED (1) AT&T LTE 5C/5G PANEL ANTENNA IN POSITION 1. 1 PER SECTOR, TYP. 3 SECTORS. PROPOSED (1) AT&T LTE 5C/5G PANEL ANTENNA IN POSITION 3. 1 PER SECTOR, TYP. 3 SECTORS. RELOCATED (1) AT&T PANEL ANTENNA FROM BETA POS. 3 TO BETA POS. 2 RELOCATED (1) AT&T PANEL ANTENNA FROM GAMMA POS. 3 TO GAMMA POS. 2 RELOCATED (1) AT&T WCS RRH FROM POS. 3 TO POS. 1. (TYP. PER SECTOR) PROPOSED (1) AT&T B5/B29 RRH IN POSITION 3. 1 PER SECTOR, TYP. 3 SECTORS. PROPOSED (1) AT&T B25/B66 RRH IN POSITION 1. 1 PER SECTOR, TYP. 3 SECTORS. PROPOSED BACK TO BACK DUAL RRH MOUNT (TYP. 1 PER SECTOR IN POSITION 1, BETA & GAMMA SECTORS) (1) NEW 18 PAIR FIBER TRUNK TO BE ROUTED WITH EXISTING LINES UP TOWER ON EXISTING WAVEGUIDE x x A3 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS 1" = 20'-0" (11x17) SCALE: (OR) 1" = 40'-0" (24x36)10' 5' 10'0 1" = 20'-0" (11x17) SCALE: (OR) 1" = 40'-0" (24x36)10' 5' 10'0 (3) PROPOSED AT&T AIRSCALE B12/B14 RRHs. (1) PER SECTOR IN POS. 1 (TYP. PER SECTOR) RELOCATED (1) AT&T PANEL ANTENNA FROM POS. 1 TO POS. 2 (ALPHA SECTOR) (3) PROPOSED AT&T LTE 5C/5G PANEL ANTENNA. (1) PER SECTOR IN POS. 1 (TYP. PER SECTOR) (3) PROPOSED AT&T LTE 5C/5G PANEL ANTENNA. (1) PER SECTOR IN POS. 3 (TYP. PER SECTOR) RELOCATED (1) AT&T PANEL ANTENNA FROM POS. 3 TO POS. 2 (BETA SECTOR) RELOCATED (1) AT&T PANEL ANTENNA FROM POS. 3 TO POS. 2 (GAMMA SECTOR) RELOCATED (1) AT&T WCS RRH FROM POS. 2 TO POS. 1 (TYP. PER SECTOR) (3) PROPOSED AT&T B5/B29 RRHs. (1) PER SECTOR IN POS. 3. (TYP. PER SECTOR) (3) PROPOSED AT&T B25/B66 RRHs. (1) PER SECTOR IN POS. 1 (TYP. PER SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 2 (ALPHA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 1 AND RELOCATE TO POS. 2 (ALPHA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 3 AND RELOCATE TO POS. 2 (BETA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 3 AND RELOCATE TO POS. 2 (GAMMA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 3 (ALPHA SECTOR) REMOVE (1) GSM TMA (TYP. PER SECTOR) REMOVE (1) LTE AWS RRH FROM POS. 3 (BETA & GAMMA SECTORS) REMOVE (1) LTE 700 RRH FROM POS. 3 (BETA & GAMMA SECTORS) REMOVE (1) LTE 700 RRH IN POS. 1 (ALPHA SECTOR) REMOVE (1) AT&T WCS RRH FROM POS. 3 AND RELOCATE TO POS. 1. (TYP. PER SECTOR) REMOVE (1) LTE AWS RRH IN POS. 1 (ALPHA SECTOR) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 1 (BETA & GAMMA SECTORS) REMOVE (1) AT&T PANEL ANTENNA FROM POS. 2 (BETA & GAMMA SECTORS) A4 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS 3/32" = 1'-0" (11x17) SCALE: (OR) 3/16" = 1'-0" (24x36)01.5'3' 5' 3/32" = 1'-0" (11x17) SCALE: (OR) 3/16" = 1'-0" (24x36)01.5'3' 5' x x x x x x x x x x x x A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS A5 LTE COMMSCOPE (N) NNH4-65C-R6 135° (1) AIRSCALE B12/B14 (N) (1) AIRSCALE B25/B66 (N) (1) RRH4X25-B30 (R) (1) 18 PAIR FIBER TRUNK (N) UMTS KATHREIN (R) 80010892 136° LTE COMMSCOPE (N) NNH4-65C-R6 135°(1) AIRSCALE B5/B29 (N) LTE COMMSCOPE (N) NNH4-65C-R6 206° (1) AIRSCALE B12/B14 (N) (1) AIRSCALE B25/B66 (N) (1) RRH4X25-B30 (R) UMTS KATHREIN (R) 80010892 205° LTE COMMSCOPE (N) NNH4-65C-R6 206°(1) AIRSCALE B5/B29 (N) LTE COMMSCOPE (N) NNH4-65C-R6 279° (1) AIRSCALE B12/B14 (N) (1) AIRSCALE B25/B66 (N) (1) RRH4X25-B30 (R) UMTS KATHREIN (R) 80010892 279° LTE COMMSCOPE (N) NNH4-65C-R6 280°(1) AIRSCALE B5/B29 (N) NOKIANOKIA NOKIA A6 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS A7 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS 2 1 2 3 4 5 A8 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS E1 A&E W I R E L E S S 540 W. MADISON ST. 9TH FLOOR CHICAGO, IL 60661 www.sacw.com 312.895.4977 ¥ 7900 XERXES AVE. S BLOOMINGTON, MN 55431 42202 06/16/2020 Signature: 0 Signaturtururururue:S tttS FOCFOCFOCFOCFOCFOCFOCTHFOC999FOC FOC FOC FOCFOCFOCFOCF O C F O C FOCFOCFOCFOCFOCFOCFO C FO C FO C FO C FOCFOCUGCUGCUGCUGCUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEU G E U G E U G E U G E U G E U G E U G E U G E UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGE UGE UGE UGE UG E UG E FOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOC99799899999 8999 998996ETHTHTT TE EEEEFOCFOCFOCFOCF O C FO C FO C FOC FOC FOC FOCFOC FOCFOCFOCFOCUGTUGTUGTUGTUGTUGTFOCPROPOSEDLEASEAREAFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCSITE SURVEY© 2022 WIDSETH SMITH NOLTINGNo.DateREVISIONSByCHKAPP'DHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"2022-10849at t&BTBJMB6/7/22FIELD WORK:CHECKED BY:DRAWN BY:Prior Lake, MN 55372SITE NAME: PRIOR LAKE WT5560 Cedarwood Street NEI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.SHEET 1 OF 2 SHEETSFA #: 10081745PARENT PARCEL DESCRIPTION: SCHEDULE “B” EXCEPTIONS: PROPOSED LEASE AREA DESCRIPTION:17/15/22ADDED PROPOSED LEASE AREAJMBJBrBTBDETAIL0SCALE ( IN FEET )1020NORTH PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION:TOGETHER WITHPROPOSED UTILITY EASEMENT DESCRIPTION:TOGETHER WITHAND28/25/22ADDED ACCESS AND UTILITY EASEMENTSJMBSMKBTB312/29/22ADDED AN ADDITIONAL UTILITY EASEMENTJMBJBrBTB FOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOC THTHTHTHGASGASGASGAS GAS GAS GASUGEUGE UGEUGE999COUNTY ROAD NO. 42UGTFOC FOCF O C FOCFO C UGCUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEUGEUGEUGE U G E UGEUGEUGEUGEUGE UGE UG E FOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCFOCUGC1002100110011000 999998 998997996 997995995 996997994995993994992992991991993 9 9 5 9979 9 6 9989991000998999 998996THTSSTESTHYD ETHTHTT TE EEESEE DETAILLOT 1BLOCK 1CEDARWOOD STREET NECREST AVENUE NE PID= 253330010CITY OF PRIOR LAKEUGEUGEUGEUGEE9919929939 9 4 989990 FOCFOCFOCWWTHTHTHTHFOCFOCFOCFOC UGTUGTUGTUGTUGTUGTFOCFOCFOCFOCFOCSEE DETAILFOCFOCFOCFOCFOCFOCFOCFOCFOCCOUNTY ROAD NO. 42LOWER PRIOR LAKESITE SURVEYORIENTATION OF THIS BEARING SYSTEM ISBASED ON THE SCOTT COUNTYCOORDINATE SYSTEM NAD83 (1996)0SCALE ( IN FEET )3060= DENOTES A FOUND SECTION CORNER MONUMENT= DENOTES A FOUND IRON MONUMENTNORTH RIGHT OF WAY LINEBOUNDARY LINEQUARTER LINESECTION LINEELECTRIC METERTREE DECIDUOUSBUILDING WALL HATCHUNDERGROUND ELECTRICGUARD POSTCHAIN LINK FENCETELEPHONE PEDESTALTELEPHONE HANDHOLETREE CONIFERSIXTEENTH LINESIGNUNDERGROUND FIBERWOOD FENCEGROUND ACCESS COVERRIGHT OF WAY LINEBOUNDARY LINEQUARTER LINESECTION LINEELECTRIC METERTREE DECIDUOUSBUILDING WALL HATCHUNDERGROUND ELECTRICGUARD POSTCHAIN LINK FENCETELEPHONE PEDESTALTELEPHONE HANDHOLETREE CONIFERSIXTEENTH LINESIGNUNDERGROUND FIBERWOOD FENCEGROUND ACCESS COVERLEGENDRIGHT OF WAY LINEBOUNDARY LINEQUARTER LINESECTION LINEELECTRIC METERTREE DECIDUOUSBUILDING WALL HATCHUNDERGROUND ELECTRICGUARD POSTCHAIN LINK FENCETELEPHONE PEDESTALTELEPHONE HANDHOLETREE CONIFERSIXTEENTH LINESIGNUNDERGROUND FIBERWOOD FENCEGROUND ACCESS COVERBOUNDARY LINEQUARTER LINESECTION LINEEELECTRIC METERTREE DECIDUOUSBUILDING WALL HATCHUGEUNDERGROUND ELECTRICGUARD POSTWATERMAINCHAIN LINK FENCETTELEPHONE PEDESTALTELEPHONE HANDHOLETHTREE CONIFERSIXTEENTH LINESIGNFOCUNDERGROUND FIBERWOOD FENCEGROUND ACCESS COVERGRIDNORTHGEODETICNORTHSURVEYOR NOTES:CONCRETE SURFACELOT LINEEASEMENT LINEEXISTING LEASE AREASTORM SEWERCONTROLLED ACCESSEELECTRIC PEDESTALSSTSANITARY MANHOLESTORM INLETSTORM MANHOLEHYD HYDRANT© 2022 WIDSETH SMITH NOLTINGNo.DateREVISIONSByCHKAPP'DHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"2022-10849at t&BTBJMB6/7/22FIELD WORK:CHECKED BY:DRAWN BY:Prior Lake, MN 55372SITE NAME: PRIOR LAKE WT5560 Cedarwood Street NEI HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.SHEET 2 OF 2 SHEETSFA #: 1008174517/15/22ADDED PROPOSED LEASE AREAJMBJBrBTBPROPOSED LEASE AREAVICINITY MAPNORTH1"=600'SITE28/25/22ADDED ACCESS AND UTILITY EASEMENTSJMBSMKBTBCENTERLINE312/29/22ADDED AN ADDITIONAL UTILITY EASEMENTJMBJBrBTB Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 24 of 28 EXHIBIT C UTILITY EASEMENT PROPOSED UTILITY EASEMENT DESCRIPTION: A 5.00 foot wide easement for utility purposes over, under and across Lot 1, Block 1, CREST WATER TOWER ADDITION, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1; thence North 82 degrees 58 minutes 36 seconds East along the South line of said Lot 1, a distance of 127.95 feet; thence northeasterly along said South line of Lot 1, a distance of 217.62 feet along a tangential curve concave to the northwest, having a radius of 855.49 feet and a central angle of 14 degrees 34 minutes 30 seconds; thence North 33 degrees 52 minutes 56 seconds West, not tangent to the last described curve, a distance of 156.68 feet; thence South 56 degrees 07 minutes 04 seconds West, a distance of 30.88 feet to the Point of Beginning of the centerline to be described; thence South 22 degrees 42 minutes 12 seconds East, a distance of 37.02 feet; thence South 3 degrees 59 minutes 46 seconds East, a distance of 97.18 feet to a point hereinafter referred to as Point “B”; thence continue South 3 degrees 59 minutes 46 seconds East, a distance of 5.68 feet and said centerline there terminating. TOGETHER WITH A 10.00 foot wide easement for utility purposes, over, under and across said Lot 1, the centerline of said easement is described as follows: Beginning at the previously described Point “B”; thence South 57 degrees 42 minutes 29 seconds West, a distance of 21.08 feet; thence South 79 degrees 48 minutes 46 seconds West, a distance of 35.00 feet and said centerline there terminating. The sidelines of said easement shall be shortened or lengthened to terminate at lines bearing South 3 degrees 59 minutes 46 seconds East and North 3 degrees 59 minutes 48 seconds West from said Point “B”. AND A 5.00 foot wide easement for utility purposes over, under and across Lot 1, Block 1, CREST WATER TOWER ADDITION, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1; thence North 82 degrees 58 minutes 36 seconds East along the South line of said Lot 1, a distance of 127.95 feet; thence northeasterly along said South line of Lot 1, a distance of 217.62 feet along a tangential curve concave to the northwest, having a radius of 855.49 feet and a central angle of 14 degrees 34 minutes 30 seconds; thence North 33 degrees 52 minutes 56 seconds West, not tangent to the last described curve, a distance of 156.68 feet; thence South 56 degrees 07 minutes 04 seconds West, a distance of 37.50 feet; thence North 33 degrees 52 minutes 56 seconds West, a distance of 17.15 feet to the Point of Beginning of the centerline to be described; thence South 56 degrees 07 minutes 04 seconds West, a distance of 12.00 feet and said centerline there terminating. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 25 of 28 EXHIBIT D ACCESS EASEMENT PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION: A 15.00 foot wide easement for ingress, egress and utility purposes, over, under and across Lot 1, Block 1, CREST WATER TOWER ADDITION, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1; thence North 82 degrees 58 minutes 36 seconds East along the South line of said Lot 1, a distance of 127.95 feet; thence northeasterly along said South line of Lot 1, a distance of 217.62 feet along a tangential curve concave to the northwest, having a radius of 855.49 feet and a central angle of 14 degrees 34 minutes 30 seconds; thence North 33 degrees 52 minutes 56 seconds West, not tangent to the last described curve, a distance of 156.68 feet to the Point of Beginning of the centerline to be described; thence South 56 degrees 07 minutes 04 seconds West, a distance of 37.50 feet; thence North 33 degrees 52 minutes 56 seconds West, a distance of 11.02 feet to a point hereinafter referred to as Point “A”; thence continue North 33 degrees 52 minutes 56 seconds West, a distance of 10.48 feet and said centerline there terminating. TOGETHER WITH A 15.00 foot wide easement for ingress, egress and utility purposes, over, under and across said Lot 1, the centerline of said easement is described as follows: Beginning at the previously described Point “A”; thence South 7 degrees 40 minutes 28 seconds East, a distance of 153.38 feet to said South line of Lot 1 and said centerline there terminating. The sidelines of said easement shall be shortened or lengthened to terminate at said South line of Lot 1. DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 26 of 28 EXHIBIT E NOTICE FORM DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 27 of 28 EXHIBIT F MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Agreement effective the _____day of __ _________, 202___, between the City of Prior Lake, Minnesota, a Minnesota municipal corporation (“City”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Communications Company”), the terms, covenants, conditions and provisions of which are incorporated herein by reference. Such Agreement provides, in part, that City, for valuable consideration, will lease to Communications Company a part of that certain property owned by City and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years commencing on May 1, 2022, which term is subject to two additional five (5) year option terms. IN WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement this _____ day of _____________, 202___. CITY: COMMUNICATIONS COMPANY: City of Prior Lake, Minnesota New Cingular Wireless PCS, LLC a Minnesota municipal corporation a Delaware limited liability company By: AT&T Mobility Corporation, its Manager By:____________________ By:_____________________ Its: Mayor Its:_____________________ Subscribed and sworn to before me Subscribed and sworn to before me this ___ day of __________, 202__. this ____ day of _________, 202__. _____________________________ ___________________________ Signature of Notary Signature of Notary DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379 Market: ND / SD / NE / MN / IA Cell Site Number: MPLSMN3028 Cell Site Name: Prior Lake Fixed Asset Number: 10081745 Page 28 of 28 EXHIBIT A TO THE MEMORANDUM OF AGREEMENT DocuSign Envelope ID: 356466D7-D286-405E-B615-7274B84B4379