HomeMy WebLinkAbout05/28/13City of r inington
-130 Third Street
Farmington, MN 55024
A Proud Past A Promising Future
C'aunliltec! 11) Providing Nigh Omility,
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Of Our ('u.stonrers
Members
(ail! Weierke
Tom .IeiSCfl
1iteltell Snolje
(WI' ;Stuff Represeulnlive
Kevin Selhorzntan,
City Li gineer
Phone 651- 280 -6100
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AGENDA
REGULAR WATER BOARD MEETING
Tuesday May 28, 2013
7:00 PM
Council Conference Room 169
430 Third Street Farmington, MN 55024
1) Call to Order
2) Approve Agenda
3) Approve Minutes April 22, 2013
4) Continued Business
a) Water Tower Cleaning
5) New Business
a) Water Rate discussion
b) Communications Site Lease Agreement Amendment Cingular Wireless
6) Approve Bills Finance
7) Open Forum
8) Adjourn
TO: Water Board Members
FROM: Kevin Schorzman, City Engineer
SUBJECT: Water Tower Cleaning
DATE: May 28, 2013
INTRODUCTION /DISCUSSION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci. €armington.mn.us
At the April 22, 2013 meeting, the Board directed staff to begin the process soliciting quotes for
cleaning the main water tower at the Municipal Campus. We have been working on the
specifications for the project, and reviewing the condition of the tower. Based on this work, staff
needs the Board's input on three items:
There are a number of spots that are high on the flutes of the tower that should be
repaired. Being high on the flutes and therefore close to the bottom of the tank, these
areas may be fairly wet if we try to do the project during the heat of the summer as the
tank will most likely be sweating because of the difference between the relatively cool
temperature of the tank and the heat and humidity during the summer (think how
eyeglasses fog up when you have been in the A/C and walk outside when it is hot and
humid). Therefore staff is recommending that the cleaning be done in the fall when
temperatures are still warm enough to paint, but when the temperature differential
between the tank and the air will be less dramatic.
There are approximately 13 flutes on the north side of the tank that have areas where the
finish coat has delaminated. We predict that pressure washing will remove more of the
finish coat in these areas. While the absence of the finish coat in these areas will not be
immediately detrimental to the integrity of the overall protection provided by the paint
system, putting a new finish coat on the north of the fluted section of the tank would
help ensure that the paint system on the north side of the tank would not fail before the
paint system on the rest of the tank fails. Currently staff is estimating that the entire paint
system on the tower will need to be replaced in the next 5 to 7 years at a cost of
approximately $800,000. Staff would like the direction from the Board on applying a
new finish coat to the north of the fluted section after the cleaning.
Water Tower Cleaning
May 28, 2013
Page 2 of 2
There are currently 6 spots on the belly of the tank that should be repaired. Repair of
these spots will difficult using a standard epoxy urethane system unless the tank is
drained (again, the belly of the tank will be damp, even in the fall). There is a water
based epoxy system that seems very tolerant to wet areas. The downside to the water
based system is that the available colors are limited. However, the 6 areas will be fairly
small, and the water based system comes in an off -white color that would not be very
visible from the ground. Therefore, staff is recommending that the 6 areas be repaired
using the off white, water -based epoxy system. Again this would help ensure that these
areas do not fail prior to the complete replacement of the paint system in 5 -7 years.
BUDGET IMPACT
The cost of the project will be known after quotes are received and approved. Funding for this
work will come from the Water Fund.
ACTION REQUESTED
After discussion at the meeting, provide direction to staff related to the three items above.
Respectfully Submitted,
Kevin Schorzman
City Engineer
cc: file
TO: Water Board Members
FROM: Kevin Schorzman, City Engineer
SUBJECT: Lease Amendment Cingular Wireless
DATE: May 28, 2013
INTRODUCTION /DISCUSSION
Attached is an amendment to the Cingular Wireless lease agreement for their equipment at the
Daisy Knoll water tower. The original lease was executed in October of 2008. The lease
included an easement for space on the ground at the base of the water tower for their
communication equipment. Cingular is requesting additional space adjacent to their existing
easement to place a backup generator so that their equipment will still function during power
outages. The additional space request is an area 4 feet wide by 10 feet long (40 square feet).
The amendment was drafted in accordance with our current fee schedule which states that the
rate for additional space rental is $4.67 /sgft/month ($4.67 x 40 $186.80). Staff has reviewed
the proposal and recommends approval of the amendment.
BUDGET IMPACT
The increase in monthly rent will be included as rental income in the Water Fund.
ACTION REQUESTED
By motion, approve attached amendment to Cingular Wireless's lease at the Daisy Knoll water
tower and forward to the City Council with the Board's recommendation that they approve the
amendment.
Respectfully Submitted,
evin Schorzman
City Engineer
cc: file
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Market: IWMW
Cell Site Number:
Celt Site Name: _Umore
Fixed Asset Number: 10128795
FIRST AMENDMENT TO COMMUNICATION SITE LEASE AGREEMENT WITH
OPTION
THIS FIRST AMENDMENT TO COMMUNICATION SITE LEASE AGREEMENT
WITH OPTION "First Amendment dated as of the latter of the signature dates below, is by
and between City of Farmington, a Minnesota municipal corporation, having a mailing address
of 430 Third Street, Farmington, Minnesota 55024 "Landlord and New Cingular Wireless
PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular
Way, Suite 1300, Alpharetta, GA 30004 "Tenant
WHEREAS, Landlord and Tenant entered into a Communication Site Lease Agreement
With Option dated October 6, 2008, whereby Landlord leased to Tenant certain Premises, therein
described, that are a portion of the Property located at 18505 Pilot Knob Road, Farmington,
Minnesota 55024 "Agreement and
WHEREAS, Landlord and Tenant desire to amend the Agreement to increase the size of
the Leased Premises; and
WHEREAS, Tenant desires to change, modify or relocate the Communication Facility
and which Landlord is willing to approve; and
WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the
modifications to the Agreement contained herein; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement
as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. Lease of Premises. Landlord agrees to increase the size of the Leased Premises leased to the
Tenant to accommodate Tenant's needs. Upon execution of this First Amendment, Landlord
leases to Tenant the Leased Premises as more completely described on attached Exhibit C-1.
Landlord's execution of this First Amendment will signify Landlords approval of Exhibit C -1.
Exhibit C-1 hereby supplements Exhibits C, D, E and G to the Agreement.
2. New Exhibit C -1. Tenant shall have the right, in its sole discretion, to change, modify or
relocate the Communications Facility as more completely described on attached Exhibit C -1.
1
12 -2010
2010Form Amendment
Landlord's execution of this First Amendment will signify Landlord's approval of Exhibit C -1.
Exhibit C -1 hereby supplements Exhibits C, D, E and G.
3. Rent Increase. Commencing on the first day of the month following the date that Tenant
commences construction of the modifications set forth in this First Amendment, Rent shall be
increased by One Hundred Eighty Six and 80/100 Dollars ($186.80) per month, subject to further
adjustments as provided in the Agreement. Upon Tenant's vacation of additional space, Rent
will revert to the original rate, subject to adjustments as provided in the Agreement, upon thirty
(30) days' prior written notice to Landlord.
4. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written
notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum
of Lease substantially in the form of the Attaclunent 1. Either party may record this
memorandum at any time, in its absolute discretion.
5. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this First Amendment, the terms of this First Amendment shall control. Except
as expressly set forth in this First Amendment, the Agreement otherwise is umnodified and
remains in full force and effect. Each reference in the Agreement to itself shall be deemed also
to refer to this First Amendment,
6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this First Amendment on the dates set forth below.
2
12 -2010
2010Form Amendment
3
"LANDLORD"
City of Farmington
By:
Name: Todd Larson
Title: Mayor
Date:
By:
Name: David McKnight
Title: City Administrator
Date:
By:
Name: William Weierke
Title: Water Board President
Date:
"TENANT"
New Cingular Wireless PCS, LLC
By: AT &T Mobility Corporation
Its: Manager
By:
Name:
Title:
Date:
12 -2010
2010Form Amendment
TENANT ACKNOWLEDGEMENT
STATE OF
COUNTY OF
LANDLORD ACKNOWLEDGEMENT
STATE OF
COUNTY OF
)ss:
On the day of 20_ before me personally appeared who,
being duly sworn on their oath, deposed and made proof to my satisfaction that they are the person named
in the within instrument; and acknowledged to me that he executed the same in his authorized capacity as
officer of AT &T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, and that by
his signature on the instrument the entities upon behalf of which he acted, executed the instrument.
Notary Public:
My Commission Expires:
I CERTIFY that on 20 [name
of representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of the City of Farmington, the municipal
corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipal corporation and
(c) executed the instrument as the act of the municipal corporation.
Notary Public
My Commission Expires:
4
12 -2010
2010Forn Amendment
STATE OF
COUNTY OF
STATE OF
STATE OF
COUNTY OF
I CERTIFY that on 20
of representative] personally carne before me and acknowledged under oath that he or she:
(a) is the [title] of the City of Farmington, the municipal
corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipal corporation and
(c) executed the instrument as the act of the municipal corporation.
COUNTY OF
I CERTIFY that on 20, [name
of representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of the City of Farmington, the municipal
corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipal corporation and
(c) executed the instrument as the act of the municipal corporation.
Notary Public
My Commission Expires:
Notary Public
My Commission Expires:
I CERTIFY that on 20 [name
of representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of the City of Farmington, the municipal
corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipal corporation and
(c) executed the instrument as the act of the municipal corporation.
Notary Public
My Commission Expires:
5
[name
12 -2010
2010Form Amendment
Notes:
EXHIBIT C -1
See attached exhibit comprised of 1 page, last revision date January 3, 2013, prepared by
General Dynarnics.
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND /OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE
RECEIVED BY TENANT.
2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE
APPLICABLE GOVERNMENTAL AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES,
INCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSI'T'IONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN
ABOVE.
12 -2010
2010 Form Amendment
Prepared by:
Faulk and Foster
533 Three Mile Road, Suite 102
Grand Rapids, MI 49544
Return to:
Re: CeII Site #MPLSMN;
Cell Site Name: Umore
Fixed Asset 10128795
State: Minnesota
County: Dakota
ATTACHMENT 1
FIRST AMENDMENT TO MEMORANDUM
OF COMMUNICATION SITE
LEASE
This First Amendment to Memorandum of Lease is entered into on this day of
20 by and between City of Farmington, a Minnesota Municipal Corporation, having
a mailing address of 430 Third Street, Farmington, Minnesota 55024 "Landlord and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular
Way, Suite 1300, Alpharetta, GA 30004 "Tenant
1. Landlord and Tenant entered into a certain Communication Site "Agreement on the 6th
day of October, 2008, as amended by that certain First Amendment to Communication Site
Lease Agreement With Option, for the purpose of installing, operating and maintaining a
communications facility and other improvements. A Memorandum of Lease reflecting the
Agreement was recorded 20 in Book page(s) in the public records
of Dakota County, State of Minnesota.
3. Landlord agrees to increase the size of the Leased Premises to accommodate additional Tower
Equipment. Landlord leases to Tenant the Premises as more completely described on
attached Exhibit C -1. Exhibit C-1 hereby supplements Exhibits C, D, E and G to the
Agreement.
4. This First Amendment to Memorandum of Lease is not intended to amend or modify, and
shall not be deemed or construed as amending or modifying, any of the terms, conditions or
provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a
conflict between the provisions of this First Amendment to Memorandum of Lease and the
provisions of the Agreement, the provisions of the Agreement shall control. The Agreement
12 -2010
2010 Form Amendment
shall be binding upon and inure to the benefit of the parties and their respective heirs,
successors, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Memorandum of
Lease as of the day and year first above written.
"LANDLORD"
City of Farinington
By:
Print Name:
Its:
Date:
"TENANT"
New CinguIar Wireless PCS, LLC,
By: AT &T Mobility Corporation
Its: Manager
By:
Print Nance:
Its:
Date:
12 -2010
2010 Forin Amendment
TENANT ACKNOWLEDGEMENT
STATE OF
ss:
COUNTY OF
On the day of 20 before me personally appeared who,
being duly sworn on their oath, deposed and made proof to my satisfaction that they are the person named
in the within instrument; and acknowledged to me that he executed the same in his authorized capacity as
officer of AT &T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, and that by
his signature on the instrument the entities upon behalf of which he acted, executed the instrument.
LANDLORD ACKNOWLEDGEMENT
STATE OF
ss:
COUNTY OF
1 CERTIFY that on 20
Notary Public:
My Commission Expires:
of representative] personally came before me and acknowledged under oath that he or she:
(a) is the [title] of
of corporation], the municipal corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the municipal corporation and
(c) executed the instrument as the act of the municipal corporation.
Notary Public:
My Commission Expires:
[name
[name
12 -2010
2010 Form Amendment
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