HomeMy WebLinkAbout3E - Water Tower Lease Agreement
j
I
....
HERITAGE
1891
COMMUNITY
1991
18J$-jV'
2(29/
MEMORANDUM
TO: Mayor & City Council
FROM: Finance Department
RE: Consider Approval of Cellular One and
USWEST Water Tower Lease Agreements.
DATE: December 3, 1990
Attached is the final form of the Water Tower Lease A<1reements to
be executed between Cellular One and USWEST and the C1ty of Prior
Lake regardin<1 use of the water tower sites for the pur~ose of
cellular equ1pment installation. A number of minor modif1cations
to the original lease language have been agreed to and
incorporated into the documents.
The second draft of the Lease Agreement pertaining to three
specific areas were ~nacceptable to Cellular One. Staff was
concerned about secur~ng acceptance of the leases for
communication and revenue purposes - thus renegotiation occurred.
Although the draft being recommended tonight differs in scope
from the second draft, the ~rovisions are none-the-less the same
or an improvement from exist1ng leases between these companies
and respective cities.
The amendments, which Staff is comfortable with, does represent
somewhat of a significant change concerning the following
provisions regarding rent stipulation and cost recovery of
administrative expenses associated with the lease:
1. An annual rent adjustment maximum of 5%.
2. The rent has been reneaotiated to $700.00, a decrease of
$50.00 per month. -
3. The not-to-exceed expense reimbursement amount is to be
subject to legal fees only with a cap of $500.00
The item underlined below has been added to the lease language:
3. Rent
c. The rent shall be increased annually by an amount equal
to the increase in the Consumer Price Index (CPI) for the
Minneapolis/st. Paul area as determined by the Minneapolis
Library Department of Economics. Said annual increase not to
exceed 5%.
USWEST has agreed to the new Lease Agreement. Cellular One's
acceptance has been tentatively approved by the area manager but
is presently subject to the regional office approval.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
I
I
WATER TOWER LEASE AGREEMENT
This Water Tower Lease Agreement ("this Lease") is entered into
this day of 1990, by and between the City of
Prior Lake, a Minnesota Municipal corporation ("Lessor") and
Minnea~olis SMSA Limited Partnership by US WEST NewVector Group,
Inc., 1ts General Partner ("Lessee").
In consideration of the teras and conditions of this agreement,
the parties agree as follows:
1) Leased Premises. Subject to the terms and conditions of this
Lease, Lessor leases to Lessee certain space on Lessor's water
tower located at 4741 Tower Street SE, square feet of ground
space for an equipment building adjacen~to the reservoir and
certain other property (collectively referred to as the
"Premises"). The property is legallf described in Exhibit A
attached hereto (the "Property"), subJect to any and all existing
easements.
2) Term: Renewals: The term of this Lease shall be five (5)
years, commencing on (the "Commencement Date")
and ending December 31, 1996. Lessee shall have the right to
extend this Lease for four (4) additional five-year renewal terms
subject to all of the terms and conditions of this lease. This
Lease shall automatically be renewed for each successive renewal
term unless one of the following events occurs: 1) Lessee
notifies Lessor of Lessee's intention not to renew the Lease at
least sixty (60) days prior to the expiration of the initial term
or any renewal term; or 2) Lessee is found to be in default of
any of the terms or conditions of the Lease. If either Lessor or
Lessee gives such notice to the other party, this Lease shall
terminate 365 days from the date said notice was given.
3) Rent 01 Upon the Commenceaent Date, the Lessee shall pay
Lessor, as rent, the following sum of seven hundred ($700.00) per
month (Rent) based upon Lessee's installation as described in
Exhibit B (Site Plan). The entire annual rent shall be paid on
Januarf 3 of each year in advance for that lease year that the
lease 1S in force with the City of Prior Lake at Lessor's address
specified in paragraph 20 below. The initial year shall include
an additional days of rent prorated from the Commencement Date
until 12/31/90:-
02) On the Commencement Date of the Lease, the Lessee
agrees to provide the Lessor the following supplementary
equipment, all of which are at the cost and expense of the
Lessee:
a) Three (3) Ultra portable telephones.
b) Three (3) extra batteries.
c) Three (3) 12 volt adapters.
At the commencement date of each renewal term, the Lessee shall
replace, at Lessee's cost, the above described cellular
equipment with three (3) similar and cost effective telephones of
comparable value. Note: This is to be arranged in a side letter
agreement because of waiver of warranties.
03) The rent shall be increased annually by an amount
e9Ual to the increase in the Consumer Price Index (CPI) for the
M1nneapolisjSt. Paul area as determined by the Minneapolis
Library Department of Economics, said annual increase not to
exceed 5%.
04) If this Lease is terminated at a time other than on
the last day of the month, Rent shall be prorated as of the date
of termination and, in the event of termination for any reason
other than nonpayment of rent, all prepaid Rents shall be
refunded to the Lessee. Said prorated Rent shall be that portion
of Rent for one calender year which the number of days in such
period bears to 365.
05) Lessee may not add additional equipment and/or
antennas from that shown on Exhibit C without the approval of the
Lessor, which approval shall not be unreasonably withheld or
delayed. Lessor may charge additional rent for additional
equipment or antennas from that shown on Exhibit C.
4) Property Use. (01) Lessee may use the leased premises for
this installation, operation, and maintenance of facilities for
the transmission and reception of radio communication signals in
such frequencies as may be assigned to Lessee by the Federal
communications commission (the "FCC") and for the storage of
related equipment in accordance with the terms of this Lease.
Lessee shall use the leased premises in compliance with all
federal, state, and local laws and regulations. Lessor agrees to
reasonably cooperate with Lessee in obtaining, at Lessee's
expense, any federal licenses and permits required for Lessee's
use of the lease premises.
(02) Lessee shall have the right, at its sole cost and
expense, to install, operate, and maintain on the leased portions
of the Property the improvements which include a building to
house Lessee's equi~ment (the "Equipment Building"). Lessee shall
submit to Lessor 1ts plans for said improvements prior to
construction. All such improvements shall be constructed with the
Lessor's approval, such approval shall not be unreasonably
withheld. No such installation and/or construction shall
interfere with or damage the mechanical or electrical systems of
Lessor's Property. The Equipment Building and all equipment
stored or operated therein shall remain the exclusive property of
Lessee, subject to the provisions of Paragraph 15 of this Lease.
No equipment shall be stored on the Property outside of the
Equipment Building.
5) Building Construction standards.
(01) The exterior finish of the building must be brick
or a material which simulates the appearance of a brick fascia.
Cedar and redwood would be considered acceptable alternatives.
(02) A site Landscape PIan (Exhibit B) and Building
Construction Plan shall be submitted in accordance with City
policy and criteria and subject to the review and approval of the
City of Prior Lake before construction.
(03) Lessee's Antenna Facilities shall at all times be
painted, at Lessee's expense, the same color as the adjoining
elevated storage tank.
2
6) Installation of Equi1ment and Leasehold Im~rovements.
(01) Lessee sha 1 have the right, at 1ts sole cost and
expense to install, operate, and maintain in accordance with good
engineering practices, with all applicable FCC rules and
regulations, on the leased portions of the Tower described in
Exhibit C attached hereto, all of the equi~ment, personal
property, and facilities which facilities 1nclude radio
transmitting and receiving antennas (the "Antenna Facilities").
(02) Lessee's installation of all such equi~ment,
personal property, and facilities shall be done accord1ng to
plans approved by Lessor, which approval shall not be
unreasonably withheld. Any damage done to the Lessor's property
and/or water tower during installation and/or during operations
shall be repaired or replaced at Lessee's expense.
(03) Lessee shall provide Lessor with as-built drawings
of the equipment installed on the Tower and the im~rovements
installed on the property, which show the actual locat1on of all
equipment and improvements. Said drawings shall be accompanied
by a complete and detailed inventory of all equipment, personal
property, and Antenna Facilities actually placed on the Tower.
7) E~ipment Upgrade. Lessee may update or replace the Antenna
Facil1ties from time to time with the prior written approval of
Lessor, provided that the replacement facilities are not greater
in number than the existing facilities and that any change in
their location on the leased portions of the Tower is reasonably
satisfactory to Lessor. Lessee shall submit to Lessor a detailed
proposal for any such replacement facilities and any supplemental
materials as may be reasonably requested, for Lessor's
evaluation and approval, which approval shall not be unreasonably
withheld.
8) Building Maintenance. (01) Lessee shall, at its own expense,
maintain Equipment Building and any equipment on or attached to
the premises in a safe condition, in 900d repair and in a manner
suitable to Lessor so as not to conf11ct with the use of the
premises by Lessor. Lessee shall not unreasonably interfere
with the working use of the water storage facilities.
(02) Lessee shall have sole responsibility for the
maintenance, repair, and security of its e9Uipment, personal
property, Antenna Facilities, and leasehold 1mprovements, and
shall keep the same in good repair and condition during the Lease
term.
(03) Lessee must keep the property free of debris,
rodents, vermin and anything of a dan<1erous, noxious or offensive
nature or which would create a f1re hazard, undue vibration,
heat or noise, etc.
(04) In the event the Lessor repaints its water tower,
it shall be the responsibility of the Lessee to provide ade~ate
measures to cover the Lessee's building and protect such fac1lity
from paint and debris fallout which may occur during the paint
restoration process.
3
9) Property Access. (01) Lessee,
Lease, shall have vehicle ingress
and access to the Equipment Building
the existing roadway access.
(02) Lessee, at all time during this Lease, shall have
access to the Property and the Equipment Building in order to
install, operate, and maintain its transmission facilities.
Lessee shall have access to the Tower only with the approval of
Lessor. Lessee shall request access to the Tower twenty-four
(24) hours in advance, except in an emergency, and Lessor's
approval thereof shall not be unreasonably withheld.
at all times during this
and egress over the Property
and the Tower by means of
(03) Lessor shall be allowed and granted access to the
leased premises at reasonable times to examine and inspect the
leased premises for safety reasons or to ensure that the Lessee's
covenants are being met.
10) utilities. Lessee shall separately meter charges for the
consumption of electricity and other utilities associated with
its use of the leased premises and shall pay all costs associated
therewith.
11) Personal
improvements
property to
liability of
Property and
constructed on
be taxed for
said Lessee to
Real Estate Taxes. If any
the property should cause part
real estate purposes, it shall
pay such property taxes.
such
of the
be the
12) License Fees. Lessee shall pay, as ther become due and
payable, all fees, charges and expenses requ1red for licenses
and/or permits required for Lessee's cellular use of the leased
premises.
Lessee's Antenna
operated
and
by the
14) Interference. Lessee's installation, operation, and
maintenance of its transmission facilities shall not damage or
interfere in any way with Lessor's water tower operations or
related repair and maintenance activities. Lessor, at all time
during this Lease, reserves the right to take any action it deems
necessary, in its sole discretion, to repair, maintain, alter, or
improve the leased premises in connection with water tower
operations. The Lessor agrees to give reasonable advance notice
of any such activities to the Lessee and to reasonably cooperate
with Lessee to carry out such activities with a minimum amount of
interference with Lessee's transmission operations.
Lessor in no way guarantees to Lessee noninterference with
Lessee's transmission operations, provided, however, that in the
event any other party requests permission to place any type of
additional antenna or transmission facility on the Tower or the
Property, the procedures of this paragraph 11 shall <1overn to
determine whether such antenna or transmission facil1ty will
interfere with Lessee's transmission operations.
4
If Lessor receives anr such request, Lessor shall submit the
proposal complete w1th all technical specifications reasonably
requested by Lessee to Lessee for review for noninterference.
Lessee shall have thirty (30) days following receipt of said
proposal to make any objections thereto, and failure to make any
objection within said thirty (30) day period shall be deemed
consent by Lessee to the installation of antennas or transmission
facilities pursuant to said proposal. If Lessee gives notice of
objection due to interference during such 30 day period then
Lessor shall not proceed with such proposal.
In the event Lessee's transmission operations interfere with any
type of electronic reception or transmission of other parties in
the surrounding area Lessee agrees to remedy such interference in
accordance with the applicable regulations and standards of the
FCC. Lessee warrants that it shall maintain all of its Antenna
Facilities in full compliance with all applicable regulations of
the FCC.
15) Termination. Except as otherwise provided herein, this
Lease may be terminated by either one party upon sixty (60) days'
written notice of default to the other party as follows: (a) by
either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of
receipt of written notice of default to the other party (without,
however, limiting any other rights of the parties at law, in
equity, or pursuant to any other ~rovisions hereof); ~b) by
Lessee if it is unable to obta1n or maintain any l1cense,
permit, or other governmental approval necessary for the
construction and/or operation of the transmission facilities or
Lessee's business; (c) by Lessee if the pro~erty is or becomes
unacceptable under the Lessee's des1gn or engineering
specifications for its Antenna Facilities or the commun1cations
systems to which the Antenna Facilities belong; (d) by Lessor if
the Prior Lake City Council decides, at its sole discretion and
for any reason, to redevelop the property and/or discontinue use
of the Tower for all purposes, or (e) by Lessor if it determines,
in its sole discretion and for any reasons, that the Tower is
structurally unsound for use as a water tower, including but not
limited to consideration of age of the structure, damage or
destruction of all or part of the Tower or the Property from any
source, or factors relating to condition of the property.
Upon termination of this Lease for any reason, Lessee shall
remove its equipment, personal property, Antenna Facilities, and
leasehold improvements from the Tower and the Property on or
before date of termination, and shall repair any damage to the
Tower and the Property caused by such equipment, normal wear and
tear excepted; all at Lessee's sole cost and expense. Any such
property which is not removed by the end of lease period shall
become the property of Lessor.
16) Insurance. (01) Lessee shall provide Comprehensive General
Liability Insurance Coverage, including premises/operation
coverage, independent contractors liability, completed operations
coverage, and contractual liability coverage, in a combined
single limit of not less than Two Million Dollars ($2,000,000)
per occurrence, subject to Two Million Dollars ($2,000,000)
aggregate. Lessee may satisfy this requirement by underlying
insurance plus an umbrella policy.
5
(02) Neither party shall be liable to the other (or to
the others successors or assigns) for any loss or damages caused
by fire or any of the risks enumerated in a standard "All Risk"
insurance policy, and in the event of such insured loss, neither
party's insurance company shall have a subrogated claim against
the other.
(03) Lessee shal1 provide Lessor, prior to the
Commencement Date and before each renewal of the Lease term,
evidence of the required insurance in the form of a certificate
of insurance issued by an insurance company licensed to do
business in the state of Minnesota, which includes all coverage
required in Paragraph 8 (02) above. Lessee will list Lessor as
an additional insured on the certificate(s). Said certificate
shall also provide that the coverage may not be cancelled,
non-renewed, or materially changed without thirty (30) days'
prior written notice to Lessor.
17) Damaqe or Destruction. If the Property or the Tower are
destroyea or damaged so as to hinder its effective use of the
Antenna Facilities, Lessee ma~ elect to terminate this Lease upon
thirty (30) days' written not1ce to Lessor. In such event, all
rights and obligations of the parties shall cease as of the date
of the damage or destruction and Lessee shall be entitled to the
reimbursement of any rent prepaid by Lessee.
18) Condemnation. In the event the whole of the Property is
taken by eminent domain, this Lease shall terminate as of the
date title to the Property vests in the condemning authority. In
event a portion of the Propert~ is taken by eminent domain,
either party shall have the r1ght to terminate this Lease as of
said date of title transfer, by giving thirty (30) days' written
notice to the other ~arty. In the event of any taking under the
power of eminent doma1n, Lessee shall not be entitled to any
portion of the reward paid for the taking and the Lessor shall
receive full amount of such award. Lessee shall hereby expressly
waive any right or claim to any portion thereof. Although all
damages, whether awarded as compensation for diminution in value
of the leasehold or to the fee of the Property, shall belong to
Lessor, Lessee shall have the right to claim and recover from the
condemning authority, but not from Lessor, such compensation as
may be separately awarded or recoverable by Lessee on account of
any and all damage to Lessee's business and any costs or expenses
incurred by Lessee in moving/removing its equipment, personal
property, Antenna Facilities, and leasehold improvements.
19) Indemnification. Lessee agrees to indemnify, defend, and hold
harmless Lessor and its elected officials, officers, employees,
agents, and representatives, from and a~ainst any and all claims,
costs, losses, expenses, demands, act10ns, or causes of action,
including reasonable attorneys' fees and other costs and expenses
of litigation, which may be asserted a<1ainst or incurred by the
city or for which the city may be 11able, which arise from the
negligence, willful misconduct, or other fault of Lessee or its
employees, agents, or subcontractors in the performance of this
Lease or from the installation, operation, use, maintenance,
repair, removal, or presence of Lessee's transmission facilities
on the Property and the Tower, and specifically including the
representations and warranties of Paragraph 21 (02) of this
Lease, provided same is not due to the negligence or willful
default of Lessor.
6
If Lessee fails or neglects to defend such actions, Lessor may
defend the same and any ex~enses (including reasonable attorneys'
f2es) ~hich it may payor incur in defending said actions, as
well as the amount of any judgment or settlement which it may be
required to pay, shall promptly be reimbursed by Lessee.
20) Notices. All notices, requests, demands, and
communications hereunder shall be in writing and shall be
given if personally delivered or mailed, certified mail,
receipt requested, to the following addresses:
other
deemed
return
City of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
Attention: City Manager
Minneapolis SMSA Limited Partnership
US WEST NewVector Group, Inc.
3350 161st Avenue SE
P.O. Box 7329
Bellvue, Washington 98008-1329
Attention: Real Estate Department
21) Representations and Warranties. (01) Lessor represents that
(a) it has full right, power, and authority to execute this
Lease; and (b) it has good and unencumbered title to the Property
free and clear of anr liens or mortgages. Lessor warrants that
Lessee shall have qu1et enjoyment of the Property during the term
of this Lease in accordance with its terms. (c) Lessor warrants
that Lessee shall have quiet enjoyment of the Property during the
term of this lease or any renewal thereof, subject to the terms
of this Lease.
If to Lessor, to:
If to Lessee, to:
(02) Lessee represents and warrants that its use of the
Premises, herein, will not generate and it will not store or
dispose on the Premises nor transport to or over the Premises any
hazardous substance except as specifically described hereafter:
Lessee will locate one or more electrical storage batteries,
temporary diesel <1enerator and related fuel on the Premises to be
used for power Wh1Ch may be constructed of or contain a hazardous
substance and further agrees to hold Lessor harmless from and
indemnify Lessor against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting
from the breach of this representation or from the violation of
any state or federal law by such release including all attorneys
fees, costs and penalties incurred as a result thereof except any
release caused by the negligence of Lessor, its emplorees or
agents. For purposes hereof, hazardous substance shall 1nclude,
but not be limited to, substances defined as "hazardous
substances", "hazardous materials" or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, the Hazardous Materials Transportation
Act and the Resource Conservation and Recovery Act.
(03) Lessor represents and warrants to Lessee that
hazardous substances have not been generated, stored or disposed
of on the Property not have the samee been transported to or over
the Property. "Hazardous substance" shall be interpreted broadly
to mean any substance or material defined or designated as
hazardous or toxic waste, hazardous or toxic material, hazardous
7
or toxic or radioactive substance, or other similar term by any
federal, state or local environmental law, regulation or rule
presently in effect or promulgated in the future, as such laws,
regulations or rules may be amended from time to time; and shall
be interpreted to include, but not limited to, any substance
which after release into the environment will or may reasonably
be anticipated to cause sickness, death or disease. Lessor will
hold Lessee harmless from and indemnigy Lessee against and from
any damage, loss, expenses or liability resulting from any breach
of this re~resentation and warranty including all attorneys' fees
and costs 1ncurred as a result thereof.
22) Assiqnment. (01) Lessee may not assign or sublet this Lease
without the prior written consent of Lessor, which consent shall
not be unreasonably withheld or delayed. Not withstanding the
provisions of this paragraph, Lessee shall have the right,
without Lessor's consent, to assign this Lease to anr parent,
subsidiary or affiliate of Lessee or any corporation 1nto which
Lessee may be merged or consolidated or which purchases all or
substantially all of the assets of Lessee, as long as Lessee
remains obligated on the Lease. Any approved sublease that is
entered into by Lessee shall be subject to all of the provisions
of this Lease.
(02) The parties acknowledge that this is a nonexclusive
lease. Nothing in this Lease shall ~reclude Lessor from leasing
other space for communications equ1pment to any person or entity
which may be in competition with Lessee, or any other partr,
subject to ;the conditions set forth in paragraph 14 of th1s
Lease.
23) Successors and Assiqns. This Lease shall run
Property described on Exhibit A. This Lease shall
upon and inure to the benefits of the parties, their
successors, personal representatives and assigns.
24) Miscellaneous. (01) Each party agrees to furnish to the
other, within ten (10) days after request, such truthful estoppel
information as the other may reasonably request.
with the
be binding
respective
(02) This Lease constitutes the entire agreement and
understanding of the parties and su~ersedes all offers,
negotiations, and other agreement of any k1nd. There are not
representations or understandings of any kind not set forth
herein. Any modification of or amendment to this Lease must be
in writing and executed by both parties.
(03) This Lease shall be construed in accordance with
the laws of the state of Minnesota.
(04) If any term of this Lease is found to be void or
invalid, such invalidity shall not effect the remaining terms of
this Lease,which shall continue in full force and effect.
(05) Lessee agrees to ~ay Lessor all reasonable legal
expenses incurred by Lessor 1n reviewing this Lease Agreement.
These expenses shall not exceed $500.00.
8
This Lease was executed as of the date first set above.
Lessor:
City of Prior Lake
By:
Its:
Mayor
By:
Its:
Lessee:
City Manager
Minneapolis SMSA Limited Partnership
US WEST NewVector Group, Inc.
By:
9
EXHIBIT A
LEASED PREMISES
ON THE PROPERTY
Pursuant to that certain Water Tower Lease Agreement dated
, between the City of Prior Lake, as Lessor
and Minneapolis SMSA Limited Partnership, US WEST NewVector
Grou~, Inc. as Lessee, Lessee is leasing from Lessor a certain
port10n of the real property owned by the Lessor (the
"Property"), which is legally described as follows:
Property Address:
4741 Tower street SE
Property Description:
180' x 240' in SW 1/4 of SE 1/4 of 2-122-14
10
EXHIBIT B
SITE LANDSCAPE PLAN
US WEST:
1.) Proposed driveway must be constructed of bituminous and
tapered to the width of the existing driveway.
2.) The view to the southwest must be improved via the addition
of seven Austrian Pines as added to the site Plan (Exhibit B)
3.) The exterior finish of the building must be brick or a
material that resembles brick or cedar or redwood.
11
I
f
Ii
I
~
i
,-
,~,..
~
~
,
I
~ l
~ . ,
II
, ,
C
<t
o
a:
w
~
:>
a: :1
~f
I
I
.-----
-
-- L
- ---- "- --. -
=~
---l
I
I
I
BLDG.
I
I
t---
- _/ L/
TOWER ST.
f
,
.".
SITE PLAN
"'.. -~~_,,~'r-,.."''"'''--- '.'. .,....-_. _'
.~?~">;...
-.
io-.., ,___~
r-- .-
-----."
.
"
EXHIBIT C
ANTENNA FACILITIES ON TOWER
I~'.C. Ul(,~ """'\.. ~ ~.... ,
(10 TtfT"~\-) ,
1
I
I
i
I
I
(
I
I
I
~ LAKE
ll" ..;jl:1/':;j1d
08564
11:3iS
t-ELd'IEl (.R MPLS b12 720 0180
002
1200 DIRECTIONAL ANTENNA
14 dBd GAIN, 8D6.952 MHz
. , <;.;'.~
.;"}./..". .
.. \ . . . 1. ~
:"hi~,) :",.'
l':;~~'~f~< .
~.. ,
The 08564 Is a 1200 dlreclional 14 dB
gsln antenna for 8001900 MHz conven-
tional, trunklng, paging and cellular
radiotelephone site Installations.
Available in seven frequency ranges (see
table, below), the OB564 uses Decibel's
patented C8nter-Fod-Colllnear'M design
enclosed In the new DB Horizon Blue
Aeroglas'" fiberglass radome. Tho
antenna uses a flat ail-aluminum back-
screen with solid vertical rods.
Aeroglas - the Best!
AeroOlas was originally used for hell-
copier rotor blades, Olympic vaulters'
poles and racing sailboat masts because
of its strength and light weight. Now,
Decibel has acquired the exclusive right
to Aeroglas for antenna radomes.
A special fabricating process suspends
the glass threads uniformly throughout
the antenna. This assures high density,
uniformly thick walls for long-term
moisture protection, as well as perfect
radome roundness for maximum
mechanical strength.
Other Fealures
The OB564's uniQue Center. Fed-Collinear
tCFCTM) array uses a series of low-loss
Ilat radiators. This feature provides
steady beam position and gOM VSWR
across the specified freQuency band.
All metals used In the radiator. feed and
matching system are copper or brass.
which prevents ''sIgnal-celis'' and
minimizes intflrmodulatlon within the
antenna.
li>r moisture protection, the cap at the
bottom of the antenna has a moisture.
sealed bulkhead N-Fem31e connector.
Removable drain plugs are provided at
each end of the antenna to ensura pro-
per drainage of condensation in upright
or Inverted mounting positions.
The 08564 Is also available with elec-
trical downtilt of 30 :t 1~ 6t> :t 10, or 100
;t1.50. DO'wVntilt antenna bandwidth is
limited to 25 MHz and gain Is 13 dB
- ._._~
Electrical Data
~ Frequoncy Ranges - MH~ A - 606-861, 8 . 849.S94:'C-:-e$'866,
o - 624-880, E .. 835-894. F '" 896.952, G _ 928.932
VSWR over 65 MHz Ranoe 1.5 to 1 or belter
Nomln'llmpedlllte - ~Jl!llS ~ 60
BandwklthfGaln (minImum) - dB '"1
Across 35 MHz 14 I
Across 55 MHz 13.5 :t 1
Fronl to b.ck fJtlo - dIl
801l1Mldlh "e" Pilne (hallllOlW}
Beamwkl1h "H" Plane (hall pOWIr)
Maximum power Input - willi
U htnln rotodlon
Thrmlnltlon
HElIA><- u
(main lobe). Gain on the horizon Is 10
:t1 dB, 3 :t2 dB. or -2 t3 dB,
respectively. For other specifications
consult Systems Engineering.
Ordering Informallon
Please ~reclfy frequency or range.
OB371 Mounting Kit Is Included.
~B564 Standard. 14 dB gain
OB564T Downtllt 13 dB gain
specify JO, SO, or 1(0)
OB564F ~Ianged, non. pressurized
.DB564P Flanged, EreSsurized
f
"
:;~
HE L!AA II . raQiI!j'ld tr.ne:na<k 01 M~,ew C<l'fI(!r.tkm
VSWR VI. frequlney.MHz
2:1
1:1
-3D
16
13
11
-30 -15 Fo
._-~_.__.-.
Mechanical Data
Mal!.'rlais:
Radoll1e
Radiating clements
!lackscreen (alumlnum)
_..~o~~t~n~.5~~i>S (oatv3n12ed Slolll)
_~axlm!Jrn e~posfld aIel (flat plal~ IIQulvalenl) - n2 (m~)
Raled wInd YOloc!ly - mph (km/hr)
lAtera' tluus!...!LIOO m~h (16t kmlhr) - Ibs. (kg)
Ovorafllonoth - In. (mm)
Radome length ("A" Range) - In. Imm)
Bacl(screen - In. (mm)
Width
Length
I Net I'ffllght - Ibs. (kg)
Sl.IOllino wpi'lnl - n,~ /r1\
20 Of belter
SOt.So
12ODt~O
650
....Direct ground
N.flmale (Ilxed)
N-MaleIN.Malo
Nt'ltll' Fftr 0?1l0" ...J.I, .... ." ~"tr... t,." ~ ~_ """"'...... _......_... ........ Ie.. I . ~.. ....
WATER TOWER LEASE AGREEMENT
This Water Tower Lease Agreement ("this Lease") is entered into
this day of 1990, by and between the City of
Prior Lake, a Minnesota Munici~al co~oration ("Lessor") and
ACC/McCaw Cellular of Minneapo11s, a j01nt venture organized and
existing under the laws of Washington state ("Lessee").
In consideration of the terms and conditions of this agreement,
the parties agree as follows:
1) Leased Premises. Subject to the terms and conditions of this
Lease, Lessor leases to Lessee certain space on Lessor's water
tower located at 14040 Crest Avenue NE. square feet of ground
space for an equipment building adjaceDt~o the reservoir and
certain other property (collectively referred to as the
"Premises"). The property is legall~ described in Exhibit A
attached hereto (the "Property"), subJect to any and all existing
easements.
2) Term: Renewals: The term of this Lease shall be five (5)
years, commencing on (the "Commencement Date")
and ending December 31, 1996. Lessee shall have the right to
extend this Lease for four (4) additional five-year renewal terms
subject to all of the terms and conditions of this lease. This
Lease shall automatically be renewed for each successive renewal
term unless one of the following events occurs: 1) Lessee
notifies Lessor of Lessee's intention not to renew the Lease at
least sixty (60) days prior to the expiration of the initial term
or any renewal term; or 2) Lessee is found to be in default of
any of the terms or conditions of the Lease. If either Lessor or
Lessee gives such notice to the other party, this Lease shall
terminate 365 days from the date said DOtice was given.
3) Rent 01 Upon the Commencement Date, the Lessee shall pay
Lessor, as rent, the following sum of seven hundred ($700.00) per
month (Rent) based upon Lessee's installation as described in
Exhibit B (Site Plan). The entire annual rent shall be paid on
January 3 of each year in advance for that lease that lease year
that the lease is in force with the City of Prior Lake at
Lessor's address specified in paragraph 20 below. The initial
year shall include an additional days of rent prorated from
the Commencement Date until 12/31790.
02) On the Commencement Date of the Lease, the Lessee
agrees to provide the Lessor the following supplementary
equipment, all of which are at the cost and expense of the
Lessee:
a) Three (3) Ultra portable telephones.
b) Three (3) extra batteries.
c) Three (3) 12 volt adapters.
At the commencement date of each renewal term, the Lessee shall
replace, at Lessee's cost, the above described cellular
equipment with three (3) similar and cost effective telephones of
comparable value. Note: This is to be arranged in a side letter
agreement because of waiver of warranties.
03) The rent shall be increased annually by an amount
e9ual to the increase in the Consumer Price Index (CPI) for the
M1nneapolis/St. Paul area as determined by the Minneapolis
Library Department of Economics. Said annual increase not to
exceed 5%.
04) If this Lease is terminated at a time other than on
the last day of the month, Rent shall be prorated as of the date
of termination and, in the event of termination for any reason
other than nonpayment of rent, all prepaid Rents shall be
refunded to the Lessee. Said prorated Rent shall be that portion
of Rent for one calender year which the number of days in such
period bears to 365.
05) Lessee may not add additional equipment and/or
antennas from that shown on Exhibit C without the approval of the
Lessor, which approval shall not be unreasonably withheld or
delayed. Lessor may charge additional rent for additional
equipment or antennas from that shown on Exhibit c.
4) pr?pertrlus~. (01) Lessee may use the leased premises for
this 1nsta at1on, operation, and maintenance of facilities for
the transmission and reception of radio communication signals in
such frequencies as may be assigned to Lessee by the Federal
Communications Commission (the "FCC") and for the storage of
related equipment in accordance with the terms of this Lease.
Lessee shall use the leased premises in compliance with all
federal, state, and local laws and regulations. Lessor agrees to
reasonably cooperate with Lessee in obtaining, at Lessee's
expense, any federal licenses and permits required for Lessee's
use of the lease premises.
(02) Lessee shall have the right, at its sole cost and
expense, to install, operate, and maintain on the leased portions
of the Property the improvements which include a building to
house Lessee's equi~ment (the "Equipment Building"). Lessee shall
submit to Lessor 1ts plans for said improvements prior to
construction. All such improvements shall be constructed with the
Lessor's approval, such approval shall not be unreasonably
withheld. No such installation and/or construction shall
interfere with or damage the mechanical or electrical systems of
Lessor's Property. The Equipment Building and all equipment
stored or operated therein shall remain the exclusive property of
Lessee, subject to the provisions of Paragraph 15 of this Lease.
No equipment shall be stored on the Property outside of the
Equipment Building.
5) Building Construction standards.
(01) The exterior finish of the building must be brick
or a material which simulates the appearance of a brick fascia.
cedar and redwood would be considered acceptable alternatives.
(02) A site Landscape Plan (Exhibit B) and Building
Construction Plan shall be submitted in accordance with City
policy and criteria and subject to the review and approval of the
City of Prior Lake before construction.
(03) Lessee's Antenna Facilities shall at all times be
painted, at Lessee's expense, the same color as the adjoining
elevated storage tank.
2
6) Installation of Ei:hilment and Leasehold Im~rovements.
(01) Lessee s a 1 have the right, at 1ts sole cost and
expense to install, operate, and maintain in accordance with good
engineering practices, with all applicable FCC rules and
regulations, on the leased portions of the Tower described in
Exhibit C attached hereto, all of the equi~ment, personal
property, and facilities which facilities 1nclude radio
transmitting and receiving antennas (the "Antenna Facilities").
(02) Lessee's installation of all such equi~ment,
personal property, and facilities shall be done accord1ng to
plans approved by Lessor, which approval shall not be
unreasonably withheld. Any damage done to the Lessor's property
and/or water tower during installation and/or during operations
shall be repaired or replaced at Lessee's expense.
(03) Lessee shall provide Lessor with as-built drawings
of the equipment installed on the Tower and the im~rovements
installed on the property, which show the actual locat10n of all
equipment and improvements. Said drawings shall be accompanied
by a complete and detailed inventory of all equipment, personal
property, and Antenna Facilities actually placed on the Tower.
7) E~ipment Upqrade. Lessee may update or replace the Antenna
Faci11ties from time to time with the prior written approval of
Lessor, provided that the re~lacement facilities are not greater
in number than the exist1ng facilities and that any change in
their location on the leased portions of the Tower is reasonably
satisfactory to Lessor. Lessee shall submit to Lessor a detailed
proposal for any such replacement facilities and any supplemental
materials as may be reasonably requested, for Lessor's
evaluation and approval, which approval shall not be unreasonably
withheld.
8) Buildinq Maintenance. (01) Lessee shall, at its own expense,
maintain Equipment Building and any equipment on or attached to
the premises in a safe condition, in <1ood repair and in a manner
suitable to Lessor so as not to confl1ct with the use of the
premises by Lessor. Lessee shall not unreasonably interfere
with the working use of the water storage facilities.
(02) Lessee shall have sole responsibility for the
maintenance, repair, and security of its e9Uipment, personal
property, Antenna Facilities, and leasehold 1mprovements, and
shall keep the same in good repair and condition during the Lease
term.
(03) Lessee must keep the property free of debris,
rodents, vermin and anything of a dan<1erous, noxious or offensive
nature or which would create a f1re hazard, undue vibration,
heat or noise, etc.
(04) In the event the Lessor repaints its water tower,
it shall be the responsibility of the Lessee to provide adequate
measures to cover the Lessee's building and protect such facility
from paint and debris fallout which may occur during the paint
restoration process.
3
9) Property Access. (01) Lessee,
Lease, shal1 have vehicle ingress
and access to the Equipment Building
the existing roadway access.
(02) Lessee, at all time during this Lease, shall have
access to the Property and the Equipment Building in order to
install, operate, and maintain its transmission facilities.
Lessee shall have access to the Tower only with the approval of
Lessor. Lessee shall request access to the Tower twenty-four
(24) hours in advance, except in an emergency, and Lessor's
approval thereof shall not be unreasonably withheld.
at all times during this
and egress over the Property
and the Tower by means of
(03) Lessor shall be allowed and granted access to the
leased premises at reasonable times to examine and inspect the
leased premises for safety reasons or to ensure that the Lessee's
covenants are being met.
10) utilities. Lessee shall separately meter charges for the
consumption of electricity and other utilities associated with
its use of the leased premises and shall pay all costs associated
therewith.
11) Personal
improvements
property to
liability of
Property and
constructed on
be taxed for
said Lessee to
Real Estate Taxes. If any
the property should cause part
real estate purposes, it shall
pay such property taxes.
such
of the
be the
12) License Fees. Lessee shall pay, as thef become due and
payable, all fees, charges and expenses requ1red for licenses
and/or permits required for Lessee's cellular use of the leased
premises.
Lessee's Antenna
operated
and
by the
14) Interference. Lessee's installation, operation, and
maintenance of its transmission facilities shall not damage or
interfere in any way with Lessor's water tower operations or
related repair and maintenance activities. Lessor, at all time
during this Lease, reserves the right to take anf action it deems
necessary, in its sole discretion, to repair, ma1ntain, alter, or
improve the leased premises in connection with water tower
operations. The Lessor agrees to give reasonable advance notice
of any such activities to the Lessee and to reasonably cooperate
with Lessee to carry out such activities with a minimum amount of
interference with Lessee's transmission operations.
Lessor in no way guarantees to Lessee noninterference with
Lessee's transmission operations, provided, however, that in the
event any other party requests permission to place any type of
additional antenna or transmission facility on the Tower or the
Property, the procedures of this paragraph 11 shall <1overn to
determine whether such antenna or transmission facil1ty will
interfere with Lessee's transmission operations.
4
If Lessor receives any such request, Lessor shall submit the
proposal complete w1th all technical specifications reasonably
requested by Lessee to Lessee for review for noninterference.
Lessee shall have thirty (30) days following receipt of said
proposal to make any objections thereto, and failure to make any
objection within said thirty (30) day period shall be deemed
consent by Lessee to the installation of antennas or transmission
facilities pursuant to said proposal. If Lessee gives notice of
objection due to interference during such 30 day period then
Lessor shall not proceed with such proposal.
In the event Lessee's transmission operations interfere with any
type of electronic reception or transmission of other parties in
the surrounding area Lessee agrees to remedy such interference in
accordance with the applicable regulations and standards of the
FCC. Lessee warrants that it shall maintain all of its Antenna
Facilities in full compliance with all applicable regulations of
the FCC.
15) Termination. Except as otherwise provided herein, this
Lease may be terminated by either party upon sixty (60) days'
written notice of default to the other party as follows: (a) by
either party upon a default of any covenant or term hereof by the
other party, which default is not cured within sixty (60) days of
receipt of written notice of default to the other party (without,
however, limiting any other rights of the parties at law, in
equity, or ~ursuant to any other provisions hereof); (b) by
Lessee if it 1S unable to obtain or maintain any license,
permit, or other governmental approval necessary for the
construction and/or operation of the transmission fac1lities or
Lessee's business; (c) by Lessee if the ~roperty is or becomes
unacceptable under the Lessee's des1gn or engineering
specifications for its Antenna Facilities or the communications
systems to which the Antenna Facilities belong; (d) by Lessor if
the Prior Lake City Council decides, at its sole discretion and
for any reason, to redevelop the property and/or discontinue use
of the Tower for all purposes, or (e) by Lessor if it determines,
in its sole discretion and for any reasons, that the Tower is
structurally unsound for use as a water tower, including but not
limited to consideration of age of the structure, damage or
destruction of all or part of the Tower or the Property from any
source, or factors relating to condition of the property.
Upon termination of this Lease for any reason, Lessee shall
remove its equipment, personal property, Antenna Facilities, and
leasehold improvements from the Tower and the Property on or
before date of termination, and shall repair any damage to the
Tower and the Property caused by such equipment, normal wear and
tear excepted; all at Lessee's sole cost and expense. Any such
property which is not removed by the end of lease period shall
become the property of Lessor.
16) Insurance. (01) Lessee shall provide Comprehensive General
Liability Insurance Coverage, including premises/operation
coverage, independent contractors liability, completed operations
coverage, and contractual liability coverage, in a combined
single limit of not less than Two Million Dollars ($2,000,000)
per occurrence, subject to Two Million Dollars ($2,000,000)
aggregate. Lessee may satisfy this requirement by underlying
insurance plus an umbrella policy.
5
(02) Neither party shall be liable to the other (or to
the others successors or assigns) for any loss or damages caused
by fire or any of the risks enumerated in a standard "All Risk"
insurance policy, and in the event of such insured loss, neither
party's insurance company shall have a subrogated claim against
the other.
(03) Lessee shall provide Lessor, prior to the
Commencement Date and before each renewal of the Lease term,
evidence of the required insurance in the form of a certificate
of insurance issued by an insurance company licensed to do
business in the state of Minnesota, which includes all coverage
required in Paragraph 8 (02) above. Lessee will list Lessor as
an additional insured on the certificate(s). Said certificate
shall also provide that the coverage may not be cancelled,
non-renewed, or materially changed without thirty (30) days'
prior written notice to Lessor.
17) Damage or Destruction. If the Property or the Tower are
destroyed or damaged so as to hinder its effective use of the
Antenna Facilities, Lessee mar elect to terminate this Lease upon
thirty (30) days' written not1ce to Lessor. In such event, all
rights and obligations of the parties shall cease as of the date
of the damage or destruction and Lessee shall be entitled to the
reimbursement of any rent prepaid by Lessee.
18) Condemnation. In the event the whole of the Property is
taken by eminent domain, this Lease shall terminate as of the
date title to the Property vests in the condemning authority. In
event a portion of the propert~ is taken by eminent domain,
either party shall have the r1ght to terminate this Lease as of
said date of title transfer, by giving thirty (30) days' written
notice to the other ~arty. In the event of any taking under the
power of eminent doma1n, Lessee shall not be entitled to any
portion of the reward paid for the taking and the Lessor shall
receive full amount of such award. Lessee shall hereby expressly
waive any right or claim to any portion thereof. Although all
damages, whether awarded as compensation for diminution in value
of the leasehold or to the fee of the Property, shall belong to
Lessor, Lessee shall have the right to claim and recover from the
condemning authority, but not from Lessor, such compensation as
may be separately awarded or recoverable by Lessee on account of
any and all damage to Lessee's business and any costs or expenses
incurred by Lessee in moving/removing its equipment, personal
property, Antenna Facilities, and leasehold improvements.
19) Indemnification. Lessee agrees to indemnify, defend, and hold
harmless Lessor and its elected officials, officers, employees,
agents, and representatives, from and a<1ainst any and all claims,
costs, 10sses, expenses, demands, act10ns, or causes of action,
including reasonable attorneys' fees and other costs and expenses
of litigation, which may be asserted a<1ainst or incurred by the
city or for which the city may be 11able, which arise from the
negligence, willful misconduct, or other fault of Lessee or its
employees, agents, or subcontractors in the performance of this
Lease or from the installation, operation, use, maintenance,
repair, removal, or presence of Lessee's transmission facilities
on the Property and the Tower, and specifically including the
representations and warranties of Paragraph 21 (02) of this
Lease, provided same is not due to the negligence or willful
default of Lessor.
6
If Lessee fails or neglects to defend such actions, Lessor may
defend the same and any ex~enses (includin<1 reasonable attorneys'
fees) which it may payor 1ncur in defendlng said actions, as
well as the amount of any judgment or settlement which it may be
required to pay, shall promptly be reimbursed by Lessee.
20) Notices. All notices, requests, demands, and
communications hereunder shall be in writing and shall be
given if personally delivered or mailed, certified mail,
receipt requested, to the following addresses:
other
deemed
return
City of Prior I~ke
4629 Dakota street SE
Prior Lake, MN 55372
Attention: City Manager
Minnesota Cellular Telephone
Company (d/b/a Cellular One)
2515 24th Avenue South
Minneapolis, MN 55406
Attention: Director of Engineering
McCaw Cellular Communications, Inc.
5808 Lake Washington Blvd. NE
Kirkland, WA 98033
Attention: Legal Department
21) Representations and Warranties. (01) Lessor represents that
(a) it has full right, power, and authority to execute this
Lease; and (b) it has good and unencumbered title to the Property
free and clear of an~ liens or mortgages. Lessor warrants that
Lessee shall have qu1et enjoyment of the Property during the term
of this Lease in accordance with its terms. (c) Lessor warrants
that Lessee shall have quiet enjoyment of the Property during the
term of this lease or any renewal thereof, subject to the terms
of this Lease.
If to Lessor, to:
If to Lessee, to:
With a copy to:
(02) Lessee represents and warrants that its use of the
Premises, herein, will not generate and it will not store or
dispose on the Premises nor transport to or over the Premises any
hazardous substance except as specifically described hereafter:
Lessee will locate one or more electrical storage batteries,
temporary diesel <1enerator and related fuel on the Premises to be
used for power Wh1Ch may be constructed of or contain a hazardous
substance and further agrees to hold Lessor harmless from and
indemnify Lessor against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting
from the breach of this representation or from the violation of
any state or federal law by such release including all attorneys
fees, costs and penalties incurred as a result thereof except any
release caused by the negligence of Lessor, its emplo~ees or
agents. For purposes hereof, hazardous substance shall 1nclude,
but not be limited to, substances defined as "hazardous
substances", "hazardous materials" or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, the Hazardous Materials Transportation
Act and the Resource Conservation and Recovery Act.
7
(03) Lessor represents and warrants to Lessee that
hazardous substances have not been generated, stored or disposed
of on the Property nor have the same been transported to or over
the property. "Hazardous substance" shall be interpreted broadly
to mean any substance or material defined or designated as
hazardous or toxic waste, hazardous or toxic material, hazardous
or toxic or radioactive substance, or other similar term by any
federal, state or local environmental law, regulation or rule
presently in effect or promulgated in the future, as such laws,
regulations or rules may be amended from time to time; and it
shall be interpreted to include, but not limited to, any
substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death or disease.
Lessor will hold Lessee harmless from and indemnify Lessee
against and from any damage, loss, expenses or liability
resulting from any breach of this representation and warranty
including all attorneys, fees and costs incurred as a result
thereof.
22) Assignment. (01) Lessee may not assign or sublet this Lease
without the prior written consent of Lessor, which consent shall
not be unreasonably withheld or delayed. Not withstanding the
provisions of this paragraph, Lessee shall have the right,
without Lessor's consent, to assign this Lease to anr parent,
subsidiary or affiliate of Lessee or any corporation 1nto which
Lessee may be merged or consolidated or which purchases all or
substantially all of the assets of Lessee, as long as Lessee
remains obligated on the Lease. Any approved sublease that is
entered into by Lessee shall be subject to all of the provisions
of this Lease.
(02) The parties acknowledge that this is a nonexclusive
lease. Nothing in this Lease shall ~reclude Lessor from leasing
other space for communications equ1pment to any person or entity
which may be in competition with Lessee, or any other partr,
subject to the conditions set forth in paragraph 14 of th1s
lease.
23) Successors and Assigns. This Lease shall run
Property described on Exhibit A. This Lease shall
upon and inure to the benefits of the parties, their
successors, personal representatives and assigns.
24) Miscellaneous. (01) Each party agrees to furnish to the
other, within ten (10) days after request, such truthful estoppel
information as the other may reasonably request.
with the
be binding
respective
(02) This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers,
negotiations, and other agreement of any kind. There are not
representations or understandings of any kind not set forth
herein. Any modification of or amendment to this Lease must be
in writing and executed by both parties.
(03) This Lease shall be construed in accordance with
the laws of the state of Minnesota.
(04) If any term of this Lease is found to be void or
invalid, such invalidity shall not effect the remaining terms of
this Lease,which shall continue in full force and effect.
8
(05) Lessee agrees to pay Lessor all reasonable legal
expenses incurred by Lessor in reviewing this Lease Agreement.
These expenses are not to exceed $500.00.
This Lease was executed as of the date first set above.
Lessor:
By:
Its:
Mayor
By:
Its:
Lessee:
City Manager
ACC/McCaw Cellular Communications
of Minneapolis, Inc.
Managing Partner
David M. Thaler
District Manager
9
EXHIBIT A
LEASED PREMISES
ON THE PROPERTY
Pursuant to that certain Water Tower Lease Agreement dated
, between the City of Prior Lake, as Lessor and
Minnesota Cellular Telephone Company, as Lessee, Lessee is
leasing from Lessor a certain portion of the real property owned
by the Lessor (the "property"), which is legally described as
follows:
Property Address:
14040 Crest Avenue NE
Property Description:
Outlots A & B, Sand pointe 5th Additon
10
EXHIBIT B
SITE LANDSCAPE PLAN
CELLULAR ONE:
1.) Access is via the City's existing drivewar plus a 40 foot
northeasterly extension which shall be a b1tuminous surface.
2.) The plant material features six Austrian pines to reflect
last years planting of nine trees to the west of the tower.
The two Ash trees are common trees in the neighborhood and
add diversity to the landscape. The plantings are arranged
to protect the views of the homes on the east side of the
building. Four additional Austrian pines must be introduced
to the northwest of the building to improve visual impression
from Crest Avenue and CSAH 42 intersection.
3.) The exterior finish of the building must be either brick or a
material that resembles brick or cedar or redwood.
11
\
---
m
.....
/.: I
\:
~"
'~w.~~
~l.J~~~~
2"
s.
~
=> I
I
/
-
d TV PED
. ELEC TRANS PAD
TEL BOX
~
~~
~~ ~'\--. (~.~.
~ f'n-.E: ~! -- ~ ;..~~)
M~'''~~. ..
~~~
NORni
~
L~J
1
I
~.-' .
EXHIBIT C
ANTENNA FACILITIES ON TOWER
PRIOR
LAKE
" , I , I I
I
I
, I I I
I i
i ,
,
I i
, , !
: !
I I .
, .
: 'I i i i i
, . : I
'I ;;' I
I
'i :
'I I
i I
,
I i
, I
;
,
I
I
I
, i
Exhibit
A IT ACHED TO and made a part of that certain Agreement by and between
and dated
Kathrein
Celwave
Kathrein
Decibel
Celwave
740
PD 10176
740 217
DB 833-F
PD 1132
The cell site will have no more than six antennas at any time. However, the number of
antennas may consist of any combination of the above listed models.
Vertical Pattern
PD10176
Horizontal Pattern
PD10176
SIO.
+10
ELECT.ICAL SPECIFICATIONS
Frequenc, Range -MHZ
Gain -dB
Bandwidll-MHz for 1.5:1 V5WR
Horizont. Beamwidth
(1/2- po... points) -degrees
Vertical 8eamwidth
(1/2-power points) -degrees
MaximLin power input -watts
Front-ta-bIack ratio -dB
lightning Protection
Terminatilln -direct
21
500
25 min.
Direct Ground
Type N female
PD10176
800-900
9
100
105
o'
.10
o'
MECHAJlICAL SPECIFICATIONS
Width -in-tnm)
Height -in.(mm)
Depth -in.{mm)
Weight -Ibs.(kg)
Radiating Element Material
Radome Material
Reflector Material
Wind Loarlng Area
(flat plate equilalent)
-sq. ft. (sq. m)
Rated Wind Velocity -mph (km/hr)
Lateral T1wst at Rated Wind
-Ibs.(kg)
Torsional Moment at Rated Wind
w/std. mounting -ft. Ibs(kgm)
Mounting Hardware(supplied)-
10.18 11.4l
PD1253 Clamp Set,
fits round pipe, 1-3/4 in.
PD10176
24 (609.9)
43 (109.2)
4(101.6)
15 (33)
6061-T6 Aluminum Alloy
Weather-Resistant Plastic
5052-H32 Irridited Aluminum
5.68 (0.511)
100 (161)
f
227.2 (499.8)
C E I.JW~WE ! u.s. Sales: Route 79, lIIrlboro, NJ 07746 . Tel. (201) 462-1880. FAX (201) 462-6919
Hwy. 44 West, P.O. Box 4l10198, Leesburg, FL 34749-0198 . Tel. (904) 787-9200 . FAX (904) 787-5004
115 East Watkins Street, ,",-nix, AZ 85004-2925 . Tel. (602) 252-8058 . FAX (602) 256-2632
941 North Plum Grove Road. SUite B. Schaumburg, IL 60195. Tel. (7081843-7511 . FAX (708) 517-7998
r
~ I
Omnidirectional High Gain Antenna
740198, 740 218
KATHREln
(7;\
~
r
9 dB gain omnidirectional
center-fed collinear antenna
supporting pipe. For the al-
ternate mounting with coax
running outside the pipe the
housing also provides ade-
quate protection.
Careful design and material
selection results in an ex-
pectancy of long service
life, confirmed by the ex-
perience of our many cu-
stomers.
c
The radiator assembly is
enclosed in a rugged fibre-
glass radome for maximum
protection from severe
weather, saltwater and cor-
rosive atmosphere. Special
construction provides com-
plete weather-protection
for the connector inside the
Type No. 740 198 740 218
Mounting mode Mast-top mounted Upside~own mounted
Frequency range 825 - 890 MHz 825 - 845 MHz
Input Type N female connector in the antenna base
VSWR < 1.5
Gain 9 dB (ref. to the half wave dipole)
Max. power input 500 Watts ( at 60"C - 140"F ambient)
Polarization Vertical
Ughtning The antenna is DC grounded by a cross-sec-
protection .. lion of 31 mm2 (0.048 sQ.") copper
Scope of supply Antenna including mounting V-bolts and nuts
Material Radiating elements: copper and brass in a
50 mm (1 3'/32") fibreglass radome (colour: ho-
ney similar RAL 1007), rugged cast aluminum
bottom, stainless steel mounting V-bolts. All
screws and nuts: stainless steel
Mounting To pipes of 20-105 mm (3/4"-4'/6") 00 by
"- means of supplied stainless steel V-bolts
Length L 3205 mm (121.4")
Net weight 7.3 kg (16 Ibs)
Max. exposed 0.163 m2 (1.75 ft2)
area
Lateral thrust 24 kp (53lbs) at 160 km/h - 100 mph
Bending moment 38 mkp (275 It Ibs) at 160 km/h - 100 mph
(at attachment point)
Wind velocity rated (1.65 safety factorj./survivaJ
w/o ice 160 km/h - 100 mph/190 km/h - 119 mph
'12" radial ice 120 km/h - 75 mph/160 km/h - 100 mph
Packing 330 x 16 x 16 cm (130" x 6.3" x 6.3")
. based on the yield point
eo the antenna-top is directly connected to the bottom
/
t
Gain G (ref. to the half wave dipole)
, I
10
: I
t I
'-
I
I
~.,
9:
8'
I
, I
820
840
860
880 900
---f/MHz
.. loj,...
~~.I::::~;~' .:';;,- ,
~ -.~
~;~~i'~ :::"l.i.~.~
'7. ,~t~
;..I'
~
.~"
"-.,
.~:;.
l~'
.:. -. -."
~
~t~ ~
~" .... u.~
.. >~;:.~
~.
..It', .
i~'
.:.~ .
-.
Radiation Pattern
~ ' 1 ",(at mid-band)
I ,
l'lIl<~-" "
Dt~ /,/
i,. :.:-'\ _.~
~\/','
\ '- . , -.,...
, ~ :;;!~, ,~:,-
, IS I ./ // "
I' 2~
'- Horizontal
"""
"'~,
:.'~',-I;,' ,
--.Iii,'
"\
/~
/ I
/. Ha~I+'''', . / y6~/
~~ .-"', ~
/
Beam tilt
I I ,
, : ;
I i , ,
I
i
,
840 860
I I
: I I
I
~+2"
I '
I I
TI
j I
I I
- 00 I I
E , I I
~ I
-~I ,
\. 820
I I
"'~""
,~/"'- - ,I
............. 1 0 ',1
: I \
'~ "---i..
'----2 ... \
, Vertical
~
""\
880 900--fI MHz
""\
t Typical ~tanding Wave ,Ratio (VSWR)
2.2 I I I: I, I I
: I I r
1,8 I I I " I i
'i ~, I 1,-
1.4 ii,
1,0
820
840
860
880 900
--- f I MHz
)
EXPANDED SP~C1~!JM .AJtJ]P~
ANTENNA
r
800. 900 MHz
PD10178
9.0 dB Gain
Celwave's PD10176 is an AMPS style, 105 degree
sector directional antenna covering a 100 MHz
bandwidth with 9 dB gain. It's one piece, light-
weight reflector is slotted to reduce weight and
wind load. It is constructed of irridited aluminum
to inhibit corrosion. The design of the PD1 0176
includes a unique, side-fed dipole and strip line
feed system for low loss and bandwidth. A high
impact, ABS radome with weather tight, closed
cell neoprene gasket protects radiating elements
in all weather. The antenna does not require
pressurization and is supplied with mounting
bracket for AMPS monopole platform use. Tower
leg mounting brackets, PD1253, are available
options.
(
· 100 MHz Bandwidth
· No braided cable and
connectors to radiating
element
· One piece, slotted
reflector
· Weather tight radome
and gasket
· Irrldlted aluminum
Allows both TX and/
or AX from same
antenna. Reduces
inventory.
Reduces loss and
intermodulation
susceptibility.
Ughtweight, easy to
install, minimizes wind
loading.
High impact plastic.
Won't crack or split
under temperature
extremes. Extends life
of the radiator.
Inhibits corrosion,
reduces inter-
modulation
susceptibility.
(
/ 05 ~ -rr~t.,J
CELWAVE
HATH REID I
Directional Antenna
740 217
r;5\
'e:J
105 degree panel for cellular and trunked use.
Broadband 9 dB panel,
completely enclosed in a
rugged, impact-resistant
fibreglass radome for maxi-
mum protection from ha-
vi est icing, saltwater and
corrosive atmosphere. The
fibreglass radome keeps
the electrical characteri-
stics, even under heaviest
icing, nearly constant. The
reflector screen eliminates
the effect of mounting struc-
ture.
Type No.
Input
740 217
Frequency range
Bandwidth
VSWR
Gain
Max. power input
Polarization
Lightning
protection
Scope of supply
Material
Mounting
(special order)
Careful design and material
selection results in an ex-
pectancy of long service life,
confirmed by the experien-
ce of our many customers.
Because of the large DC
grounding cross-section,
this antenna is particularly
recommended for use. in
areas of high incidence of
lightning.
Net weight
Max. exposed
area
Lateral thrust 72 kp (158 Ibs) at 160 km/h -100 mph
Bending moment 6.5 mkp (47 fllbs) (at the lower mounting clamp)
at 160 km/h - 100 mph
'Moo velocity rated (1.65 safely factor)./survivaJ
w/o ice 220 km/h - 130 mph1270 km/h - 170 mph
'/2" radial ice 160 km/h -100 mph/250 km/h - 155 mph
Packing 106 X 50 X 25 cm (4tT X 1ft" X !J.8i
. based on the yieid point
Radiation Pattern
"
I
I
l
Horizontal
Type N female connector in a weather protective
housing directly at the antenna
806 - 890 MHz
84 MHz
<1.4
9 dB (ref. to the half wave dipole)
450 Watts (at 600 C - 140" F ambient)
Vertical
The antenna is DC grounded by a cross-section
of 204 mm2 (0.32 sq.") aluminum
Antenna with two types of weather protective
housings for the connector (see mounting
instruction)
Heavy duty cast aluminum radiators 35 x 2 mm
(1 3/8" x 5/84"), reflector screen of high strength
aluminum alloy sheet Hot dip galvanized steel
clamps. All screws and nuts: stainless steel
By means of hot dip galvanized steel Clamps
K 6114 0 . . (see reverse side) to pipes of
40 . . . 521 mm (1 9116" . . . 15") 00
12 kg (26.4 Ibs)
0.5 m2 (5.38 ft2)
Vertical
./
Typical Standing Wave Ratio (VSWR)
t2.2
1,8
1,4
1,0
800
820
I !
840
I
880 - MHz
860
DB 833.F
1050 DIRECTIONAL ANTENNA
9 dBd GAIN, 820-900 MHz
. DECIBEL
Mechanical Data
Materials:
Radome High impact molded plastic
Reflector screen 6061-1'6
Radiators Aluminum alloy
Support pipe 6061-1'6
Mounting clamps Galvanized steel
Maximum exposed area (flat plate equivalent) - ft2 (m2) 2 (.186)
Lateral thrust at 100 mph (161 km/hr) - 100. (kg) 80 (36.29)
Dimensions (HxWxD) - t1. (mm) 33 (838.2)x2Q5 (520.7)x7 (m.8)
Net weight - Ibs. (kg)
DB833-F 30 (13.61)
DB5080 5 (2.27)
Shipping weight - 100. (kg)
DB833-F 32 (14.52)
DB5080 10 (4.53)
if= ~~ I :;i~ I
~ ~ ~ m ~ ~ ~ ~ m ~
DB833-F VertIcal Pattern
I CAN BE SHIPPED UPS. I
Electrical Data
Frequency Range - MHz 82G-900
Gain-dBd ~1
VSWR 1.5 to 1 or better
Beam.vidth "E" Plane (half power) 24":l:2l'
Beam.vidth "H" Plane (half power) 1050:1:50
Front to back ratio - dB 25
Maximum power input - watts 525
Nominal impedance - ohms 50
Lightning protection Direct ground
Termination N-FemaJe (fixed)
HELIAX. jumper N-MaleIN-Male
Designed for AMPS cellular stations, (.
this antenna provides gain 01 9 dBd in
a 1050 horizontal radiation pattern.
It mounts to AMPS-style monopole plat-
forms, and the entire antenna can be
mounted on the unistruts behind the
AMPS-style platform radome, if required.
Model DB833-F is also available for
pipe-to-pipe mounting, if the optional
mounting kit, 085080. is ordered. This
permits the antenna to be mounted to
towers, poles and other structures.
Design and Construction
All DB833 antennas use a special pha~
ing of three radiating elements to pro-
vide the required 820-900 MHz
frequency bandwidth and horizontal and
vertical radiation patterns, including a
major downward lobe fer additional
close coverage.
Eight-rod backscreens are made of high
strength 6061-15 welded aluminum-to-
aluminum t9 minimize corrosion and
unwanted signals. .
Radiators are made of aluminum alloy
and are fed via a high quality, low-loss
cable harness.
The one-piece radome is molded of high
impact plastic and offered in DB Horizon
Blue TM color. The radome and a C
moisture resistant gasket are secured to '.
an integral aluminum alloy plate with
stainless steel hardware.
All metals used in radiators, feed and
matching systems are compatible to
minimize intermodulation.
Ordering Information
Order OB833-F for AMPS-style plat-
forms. For pipe mounting order OB5080
Pipe Mount Kit. VAPOR-WRA~ and
jumper are included. Order DB833P-F
for pressurized. Order DB833F-F for EIA
flange, non-pressurized.
HElIAX Is IIIgislIIId tradefnan 01 Andrew Corponaon,
'NOR-WRAP Is I "lliSlelld tradefnan 01 0ecillII Producls. Inc.
~
126 3184 QUEBEC ST. · P.O. BOX 569610 · DALLAS TX 75356.9610 . PHONE i214)631.0310 . TELEX 73.0212 . FAX (214)631.4106
r
t _ .~
fL.-
,.
.'
t' i;
J" EIA ~
<3 329
STANDARD
J
'"
q,:;"" "7;......
~ I'" "1-
<3 329
51 ANOARO
PD1136
I
PD1132
1".'
-.....i...... ,.
, "J
-"'-
-. .
t' i;
J" EIA ~
<3 329
STANDARD
i
I
-_ L
!
-, r
it
~m
PD10021
PD1132-D
.-- .-.
.,_.,~- '''''''-
Unidirectional
Collinear Antennas
~,'~.'.,----" . -'-~-_-_'___-""_'" ,. .__, '_'h .... .. _" ~'_._
~ O'~ ..,-...,.:;.......,w....~
10.5 dB Forward Gain, Collinear
17.0 & 8.0 dB Gain, Collinear
17.0 dB Forward Gain, Collinear
17.0 dB Forward Gain, Collinear
806-960 MHz.
PD1136
PD1oo21
PD1132
PD1132-D
. Exact frequency must be specified.
This series of four collinear antenna arrays is designed to
meet various sector coverage requirements for mobile radio
services in the 806-960 MHz bands. All of the antennas
feature durable copper alloy radiating elements encased in a
weather-proof fiberglass housing which is joined to a sturdy
reflector assembly of high strength aluminum. The P01 132,
P01 136 and P010021 can be ultilized for top or sidemounted
applications where as the P01 132-0 is designed for
sidemounti ng.
A pressurization option (P01 252) is available for all the
above facilitating pressurization of the antenna to 12 PSIG,
terminating in a 7/8 inch E.I.A. flange. These antennas may
be mounted inverted, specify option P01254.
The P01 132-0 Dual Oirectional Antenna was designed to
provide dual independent directional coverage with space
conservative mounting. Comprised of two separate
directional antennas welded to a common support; the
P01 132-0 features six standard frequency bands within its
806-960 MHz frequency range. The 825-890 MHz frequency
band covers the entire wireline and non-wireline cellular
system bands. Three P01 132-0 antennas may be arranged
combining six independent 600 horizontal beamwidths to
yield 3600 diversity coverage.
The P010021 is a uniquely designed Oual Array
Directional antenna configuration specifically for
applications where limited gain (8 dB) is required on
transmit and higher gain (17.0 dB) on the receive side. The
dual array features 30 dB vertical isolation between
antennas. The radiating elements utilized in the P010021 are
similar to the P010040 in combination with the P01 132, each
with their own termination.
Hortlzontal Pattern
o PD1132.ndPD1132-D
10"
C E IJW~WE! u.s. S8''':, Route 79. Marlbo, roo NJ 07746. Tel. (201) <;62-1880. Telex 4944313 CEL NJ
Hwy. 44 West. P.O. Box 389,l8esburg, FL 32749-0389. Tel. (904) 787-9200
115 East Watkins Street PhoenIX, AZ. 85004-2925. Tel. (802) 2S2-80S8
941 Nonh Plum G,oveRoad, SuiteB. Scheumburg,lL 80195. Tel. (312) 843-7511
In Europe: Frejasvej Xl OK-3400. Hilleri'd. Denmafk . Tel. (02) 26 36 36. Telex 42164 CEL OK
25.
MHz
. ;
,
"
'i
".
..
~.
~
j
~
-.
06 t
',~
J,-
'7r~
--P: ,,~
~. f
,~
960
1000
MHz
I
.~
t
108