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Home My WebLink About05(P) - Resolution Approving Amendment to Communications Facilities Agreement with AT&T – Cedarwood Street Water Tower City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 CITY COUNCIL AGENDA REPORT ITEM: 5P MEETING DATE: May 13, 2025 PREPARED BY: Nick Zurbey, GIS Coordinator PRESENTED BY: Nick Monserud, Public Works Director/City Engineer AGENDA ITEM: Resolution Approving Amendment to Communications Facilities Agreement with AT&T – Cedarwood Street Water Tower RECOMMENDED ACTION: Adopt a resolution authorizing the Mayor and City Manager to execute an amendment to the AT&T Communications Facilities Lease Agreement. BACKGROUND: The City and AT&T are parties to a Communications Facilities Agreement relating to the installation of communications antennas on the Cedarwood Street Water Tower and leased space for a ground shelter on the property located at 5560 Cedarwood Street NE. An original agreement was entered into May 1, 2002, was renewed May 1, 2022 and amended April 5, 2021 (Amendment 1), October 2, 2023 (Amendment 2), September 24, 2024 (Amendment 3) and January 28,2025 (Amendment 4). AT&T seeks to amend the terms of the agreement to update the terms related to permitted equipment. The City holds several lease agreements with Communication Companies to allow use of the City’s water towers to mount antenna with ground equipment shelters. The amendment will allow AT&T to expand the number of antenna and install new mounts to the water tower. A copy of the Fifth Amendment to Communication Facilities Lease Agreement is included with this agenda report. AT&T has agreed to the terms of the agreement and once resolution approved, the agreement will be executed by both parties via DocuSign. FINANCIAL IMPACT: Base rent will not be increased as part of this agreement. AT&T had a similar expansion and upgrade that was approved with Amendme nt 1 and as part of that agreement base rent was increased by $5,250 per year. AT&T had approval and was permitted to begin construction but the project was cancelled. The proposed expansion and upgrades as part of this Amendment 5 is similar to the approved antenna and equipment from Amendment 1 that has already increased the base rent. ALTERNATIVES: 1. Motion and second as part of the Consent Agenda to adopt a resolution authorizing the Mayor and City Manager to execute an amendment to the Communication Facilities Lease Agreement with AT&T for the Cedarwood Street Water Tower property. 2. Motion and second to remove this item from the Consent Agenda for additional discussion. Item 5P Page | 2 ATTACHMENTS: 1. Resolution 2. AT&T Cedarwood St Amendment 5 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25- A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COMMUNICATION FACILITIES AGREEMENT WITH AT&T FOR THE CEDARWOOD STREET WATER TOWER PROPERTY Motion By: Second By: WHEREAS, various cellular companies have located their antenna equipment on City property and water towers; and WHEREAS, the public safety, health and welfare is served when cell phone coverage is uniform and unbroken; and WHEREAS, the City and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“AT&T”) are parties to a Communications Facilities Agreement relating to City property and the Cedarwood St Water Tower located at 5560 Cedarwood Street NE, Prior Lake, Minnesota 55372 (AT&T site ID 10081745 ); and WHEREAS, WHEREAS, AT&T seeks to amend the terms of the agreement to update the terms related to permitted equipment which will permit AT&T to expand the number of antenna and install new mounts to the water tower; and the City Attorney and City Staff have developed an amendment to the existing lease agreement; and WHEREAS, AT&T has agreed to the terms of said agreement. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the “Fifth Amendment To Communication Facilities Lease Agreement” prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute via DocuSign the “Fifth Amendment To Communication Facilities Lease Agreement” on behalf of the City. Passed and adopted by the Prior Lake City Council this 13th day of Ma y 202 5. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Cedarwood St Water Tower City Project: A1124-000001 AT&T Site ID: PRIOR LAKE (10081745) 1 FIFTH AMENDMENT TO COMMUNICATION FACILITIES LEASE AGREEMENT This Fifth Amendment to Communication Facilities Lease Agreement (“Fifth Amendment”) is made and entered into this _______ day of _______________, 202__ (“Effective Date”), by and between the City of Prior Lake, a Minnesota municipal corporation (hereinafter referred to as the “City”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (hereinafter referred to as “Communications Company”). RECITALS WHEREAS, the City and Communications Company entered into that certain Communication Facilities Lease Agreement dated May 1, 2022 (“Original Agreement”) for space on the City’s Cedarwood Street Water Tower (“Water Tower”) and space adjacent to the Water Tower on City’s Property located at 5560 Cedarwood Street NE, Prior Lake, MN 55372 (“Property”) for the purpose of constructing, installing, removing, replacing, maintaining, and operating Antennae and Equipment, as defined in the Original Agreement; and WHEREAS, Communications Company modified and/or upgraded Communications Company’s Antennae and or Equipment pursuant to First Amendment to Communication Facilities Lease Agreement dated August 21, 2023 (“Amendment 1”), Second Amendment to Communication Facilities Lease Agreement dated October 2, 2023 (“Amendment 2”), Third Amendment to Communication Facilities Lease Agreement dated September 24, 2024 (“Amendment 3) and Fourth Amendment to Communication Facilities Lease Agreement dated January 28, 2025 (The Original Agreement, Amendment 1, Amendment 2, Amendment 3 and Amendment 4 are hereinafter jointly referred to as the “Agreement”); and WHEREAS, the City and Communications Company hereby seek to amend the terms of the Agreement to clarify the terms related to permitted equipment. 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. Consent of City. The City hereby consents to the Communications Company’s proposed replacement of antenna mounts and replacement of equipment located on the Water Tower pursuant the terms of the Fifth Amendment. 2. Definitions. All terms defined in the Agreement shall have the same definitions when used in this Fifth Amendment. 3. Permitted Equipment. The City hereby grants Communications Company the right and consents to the proposed replacement of antenna mounts and replacement of equipment located on the Water Tower depicted on Exhibit B-5 herein. 4. Fees and Expenses. Communications Company shall pay all of the City’s costs and expenses relating to Communications Company’s installation of the replacement antenna mounts and replacement of equipment, as shown in Exhibit B-5, or revised plans, if applicable, including all fees of City’s structural engineer and/or City’s Attorney. Cedarwood St Water Tower City Project: A1124-000001 AT&T Site ID: PRIOR LAKE (10081745) 2 5. Terms and Conditions of Lease. All other terms, covenants, and conditions of the Agreement remain in full force and effect except as modified by this Fifth Amendment. The recitals set forth above are incorporated herein and made a part hereof as if they were set forth in the body hereof. Cedarwood St Water Tower City Project: A1124-000001 AT&T Site ID: PRIOR LAKE (10081745) 3 IN WITNESS HEREOF, the parties have executed this Fifth Amendment as of the date first written above. CITY OF PRIOR LAKE ____________________________ Kirt Briggs, Mayor _____________________________ Jason Wedel, City Manager COMMUNICATIONS COMPANY: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager ___________________________________ By:_____________________________ Its:____________________________ Cedarwood St Water Tower City Project: A1124-000001 AT&T Site ID: PRIOR LAKE (10081745) 4 EXHIBIT B-5 (attached hereto) 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 · · · · T1 PROJECT :LTE-1C RRH SWAP SITE # :SIMN001920 FA # :10081745 PTN: 3511A1DAQE IWM / PACE :WSUMW0034466 / MRUMW068452 WSUMW0034745 WSUMW0034541 WSUMW0034350 WSUMW0034723 JURISDICTION :CITY OF PRIOR LAKE SITE NAME :PRIOR LAKE ADDRESS : 5580 CEDERWOOD ST. PRIOR LAKE, MN 55372 USID #:1723 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 · · · · · · · SP1 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 A1 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 3/32" = 1'-0" (11x17) SCALE: (OR) 3/16" = 1'-0" (24x36)0 1.5'3'5' A2 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 1/4" = 1'-0" (11x17) SCALE: (OR) 1/2" = 1'-0" (24x36)0 6"1'2' 1/4" = 1'-0" (11x17) SCALE: (OR) 1/2" = 1'-0" (24x36)0 6"1'2' PRIOR LAKE PRIOR LAKE · · A3 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 1/2" = 20'-0" (11x17) SCALE: (OR) 1" = 20'-0" (24x36)20'10'20'0 1/2" = 20'-0" (11x17) SCALE: (OR) 1" = 20'-0" (24x36)20'10'20'0 ’ “” ’ A4 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 3/8" = 1'-0" (24x36) (OR) SCALE: 3/16" = 1'-0" (11x17) 0 1'2'3' 1/4" = 1'-0" (24x36) (OR) SCALE: 1/8" = 1'-0" (11x17) 0 1'2'4' A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 A5 A6 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 ERICSSON SXK1092064/1 AIR BRACKET MEDIUM ERICSSON SXK1092065/1 AIR BRACKET MEDIUM NOTE: BOTH TOP AND BOTTOM BRACING IS REQUIRED IF USING THE ERICSSON SXK1092064/1 OR SXK1092065/1 AIR BRACKET MOUNT TO MAST PIPES, TOWER LEGS OR STAND-OFFS IF THE PIPE IS SMALLER THAN 2.9" A7 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 A8 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 E1 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 S1 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 ’ ’ – ’ – – – – ’ – – – – ’ · · · · · · · · · · · · · “ ” ” · · · · S2 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 ’ ” ” ” ”” ” ” ” S3 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 S4 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 S5 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 S6 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 NOTES: 1.25" or 30 MM O.D. TUBE ADAPTOR MIGHT BE NEEDED TO INSTALL THE STUDS. S7 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025 S8 A&E 7900 XERXES AVE. S BLOOMINGTON, MN 55431 ENGINEER CERTIFICATION & SEAL: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. 43217JEFFREY H. ZANDER Signature:Date: Typed or Printed Name:Registration Number: 4/14/2025