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Home My WebLink About03/24/14C'itV' iti ,ttimn',Itou 0 I hind Strcct # numtn:>tun, IN A Proud Past - A Prue/t.—,1,1/ Futtrf� ('u/tunrti,q n' I'r,,t1 ?/rt r /(i h (h�ul!!t°. 1 on, iY uncl Iles / >—/y/1 i 11st B R;5.° tin ttu�t €, t <citt c'hrrr/ttiattt, l'.1. C its ti <cit et 5S\'.7 t: 4.(itt "It1tE1t_'I1 ?It_11itt.77 AGENDA REGULAR WATER BOARD MEETING Monday, March 24, 2014 7:00 PM Council Conference Room 169 430 Third Street • Farmington, MN 55024 1) Call to Order 2) Approve Agenda 3) Approve Minutes — February 24, 2014 4) Continued Business 5) New Business a) Verizon Lease -Main Tower b) Seasonal Water Patrol Position 6) Approve Bills — Finance 7) Open Forum 8) Adjourn City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 • Fax 651.280.6899 www cifarmington.mnus TO: Water Board Members FROM: Kevin Schorzman, City Engineer SUBJECT: Water Tower Lease Agreement- Verizon Wireless DATE: March 24, 2014 INTRODUCTION/DISCUSSION Attached is a proposed Water Tower Lease Agreement from Verizon Wireless. They are proposing to install antennas on the main water tower at the maintenance facility. The antennas will be located on the column of. the water tower below the tank similarly to the T- Mobile antennas that already exist on the tower. However, unlike T Mobile which houses their equipment inside the column of the tower, Verizon will be housing their equipment in a 12' x 30' shelter building located just west of the tower and just south of the drive up to the tower and Well #5. In paragraph 1 of the agreement, they have listed the "Land Area" as 20' x 50'. We have communicated to them that the executable agreement "Land Area" should be 12' x 30'. The City Attorney and I have reviewed the lease and gone back and forth several tunes with modifications, and the lease is now in a format and has terms that are acceptable. The rental rate included in this lease was based on the 2013 Fee Schedule, but we have communicated to them that the rental rate needs to be adjusted to correspond to the terms in our 2014 Fee Schedule. The rental rate in the final executable agreement will include payment for the additional 60 square feet that the shelter will occupy beyond the 300 square feet that is included in the base rental, and will be based on the 2014 Fee Schedule. They will be constructing an access drive off of the main drive to the tower that will accommodate both their lease area, and another potential lease area that could be used by another company in the future. The final item is the exhibit to the agreement. I have received a preliminary copy of the exhibit and had some comments and modifications that I thought should be made prior to inclusion in the executable agreement. These include showing the location of their antennas and T- Mobile's antennas as well as clarifying the "right of way" and "easements" shown, to all be "non- exclusive easements ". BUDGET IMPACT The monthly rent will be included as rental income in the Water Fund. Verizon Lease Agreement March 24, 2014 Page 2 of 2 ACTION REQUESTED By motion, approve attached agreement with Verizon Wireless to locate and operate equipment on the main water tower and forward to the City Council with the Board's recommendation that they approve the agreement with the following conditions: 1. The lease agreement "Land Area" in paragraph 1 be modified from 20' x 50' to 12' x 30'. 2. The rental rate in the executed lease agreement match the 2014 fee schedule for a 12' x 30' "Land Area" 3. The Exhibit for the executed lease agreement depict both existing and proposed antenna locations on the tower; and show "non - exclusive" easements for ingress and utility line locations from the shelter building to the tower. Respectfully Submitted, Kevin Schorzman City Engineer file . / /1 I01412 funurt 11641:414:4,. ROAD CENTERLINE PROPOSED ir X 30' LAND SPACE COSTING RIGHT OF WAY UNES ExiiisfAy Alifemq 144o ns Cr ifeiae) (3D EXISTING ElITUMINGUS ACCESS DRIVE DUSTING WATER TOWER DRIP EDGE (AD0v0 EXISTING WATER TOWER PROPOSED 4' WIDE GROUNDING, STOOP, AND HOC EASENENT v w . PROPOSED 6' MADE W., CARE EASEMENT ..e.'4414t EXISTING WATER LINES PARKING EXISTING CONCRETE Aim,„044, AREA " v PROPOSED 10' WIDE RIGI1F-DRYAV gale,116/14* is■ .1■■ =MD COSTING TRANSFORMER rivived herfenti q LocteN04 .3" Of ; they /es ty fe MINC POP ROCKS UGT ire- . Mi.- EXISTING OMNI ANTENNA EXISTING HANDRML Farmington ANTENNA CENTERUNE HEIGHT 100.0' AGL PROPOSED LESSEE --' ANTENNA SPACE (Y SECTOR) ClOyfdp EXISTING WATER TOWER-7 1 �— PROPOSED LESSEE ANTENNA SPACE (X SECTOR) (oleptedS tx.`s41 -,y /44'en,1u (r-Poille)Ocyteo) MINC POP ROCKS MINC POP ROCKS EXISTING DUNI ANTENNA EXISTING HANDRAIL Farmington ANTENNA CENTERLINE HEIGHT 100.0 AGL PROPOSED LESSEE ANTENNA SPACE (Z SECTOR) EXISTING WATER TOWER Ex:31-1 It4feem et (r-tne tees ) Ex;51.A fietlimel Crine4; 'le )(hie WATER TOWER LEASE AGREEMENT This Agreement, made this day of , 2014 , between the City of Farmington, with its principal offices at 430 Third Street, Farmington, MN 55024, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866 -862- 4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space ("the Tower Space ") on the LESSOR's water tower, hereinafter referred to as the "Tower ", looted at 19500 Municipal Drive, City of Farmington, County of Dakota, State of Minnesota as being further described in Exhibit "A" attached hereto (the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a Twenty Foot (20') by Fifty Foot (50') parcel of land (the "Land Space ") sufficient for the installation of LESSEE's equipment building; together with the non - exclusive right ('the Right of Way ") for ingress and egress, seven (7) days a week, twenty -four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right -of -way extending from the nearest public right-of-way, Municipal Drive, to the Land Space; and together with any further rights of way (the "Further Rights of Way ") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit "A ", attached hereto and made a part hereof and are collectively refered to hereinafter as the "Premises ". In the event any public utility is unable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit "B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A ". Cost for such work shall be borne by the LESSEE. MIN Pop Rooks Water Tower Agreement 1 3. TERM: RENTAL: ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Thirty-Three Thousand Nine Hundred Forty-Four Dollars and 76/100 ($33,944.76) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 25 below. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the equipment on the Premises falls between the 1`i and 15th of the month, the Agreement shall commence on the 1' of that month and if the date installation commences falls between the 16th and 31" of the month, then the Agreement shall commence on the 1" day of the following month (either the " Commencanent Date "). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation ") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a complete and fully executed Internal Revenue Service Form W -9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and (iii) other documentation requested by LESSEE in LESSEE's reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 25, Delivery of Rental Documentation to LESSEE shalt be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time MIN Pop Rocks 2 weer Tower Agreement during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. c. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub - meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub - meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR's reading of the sub - meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at "Verizon Wireless, c/o First Energy, PO 182727, Columbus, OH 43218- 2727." LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 4. EXTENSIONS. This Agreement shall automatically be extended for €seer -one additional (4)-ad al -five (5) year term. Thereafter, this Agreement shall automatically extend for three (3) additional (51year tennss unless LESSOR or LESSEE terminates it at the end of the then current term by giving L EESSOR -the other party written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. RENTAL INCREASE. The annual rental will be increased annually on January If of each lease vear following the Commencement Date (during the initial and first four extension terms) to one hundred five - percent (105 %) of the annual rate in effect for the prior year. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be adjusted by rental increases as specified in paragraph five. above. equal -to the -annual The initial term and all extensions shall be collectively referred to herein as the "Term ". MIN Pop Rocks Water Tower Agreement 3 { Formatted: Superscript 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE'S use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by MIN Pop Rocks Water Tower Asrcement 4 LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. J,ESSOR and LESSEE each agree that at its own cost and expense, each - --{ Formatted: Not Highlight __J will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. c. In addition, LESSOR shall obtain and keep in force during the Term a -.- policy or policies insuring against loss or damage to the Tower at full replacement cost, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for MIN Pop Rocks Water Tower Agreement 5 { Formatted: Not Highlight any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free aceess Both parties shall have free access to the Tower during normal working hours (defined as between 7S:OOam and 54)03:30pm). and -1For emerccncicsaecess to the Tot,cr: outside of normal working hours. LESSEE shall request such access to the Tower twenty-four (24) hours in advance. except in an emergency (in which case LESSEE shall notify LESSOR as soon as reasonable practical) and LESSOR'S approval thereof shall not be unreasonably withheld, conditioned, or delayed). In the event it is necessary for LESSEE to have access to the St+uetut eTo ecr at some time other than the normal working hours of LESSOR, LESSEE must pay for any reasonable expenses. including reasonable employees' wages that LESSOR incurs in providing such access to LESSEE. heweverrthat enlyOnly authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said premises. Notwithstanding the foregoing. LESSEE shall have lii•ee access to its equipment within the Land Space at all times. 14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10 %) per annum, or (ii) the highest rate permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR. MIN Pop Rocks Water Tower Agreement 6 No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR performing maintenance, repair or similar work at the Property or on the Tower provided: a. Upon at Least one hundred eighty (18O),days' notice from LESSOR, LESSEE,at• its sole cost and expense. shall make any necessary arrangements to either temporarily protect or remove it equipment as a result of LESSOR' s painting or other maintenance of the Tower. b. Should LESSOR and LESSEE agree that the scheduled maintenance or painting of the Tower will prevent LESSEE from using the Tower as LESSEE's Communications Facility, and it is reasonable and feasible for LESSEE to temporarily relocate rather than leave in place and protect its equipment: then LESSEE shall have the right to install and operate a temporary antenna facility (including a Cell -on- Wheels) on a mutually acceptable location on the property, and in such event. LESSEE shall not be required to pay rent to LESSOR during the period that LESSEE operates a temporary antenna facility on the Property. c. The parties acknowledge and agree that if LESSEE must temporarily remove any equipment pursuant to this subsection the only equipment LESSEE will be required to temporarily remove are its antennas, Coaxial Cable and Equipment Cabinets. d. Notwithstanding anything to the contrary in this Lease. (i) LESSOR. in its sole but reasonable discretion. shall have the right to require LESSEE to temporarily remove or relocate its antennas while the Tower is being maintained or painted by LESSOR. (ii) LESSEE shall be solely responsible for taking any actions that it deems appropriate to protect LESSEE' s Communications Facility while the Tower is being maintained or painted, and (iii) LESSEE shall bear and assume all risk of loss or damage to LESSEE' s Communications Facility that may occur while the Tower is being maintained or painted by LESSOR. except for any loss or damage that is caused by or results from the grass negligence orwil-lful- misconduct of LESSOR, its employees. agents or contractors. MIN Pop Rocks Water Tower Agreement 7 IFormatted: Justified Formatted: Font: Times New Roman i n in size and is fully, compatible for LESSEE's use, in- LESSEE's reasonable determination; b.LESSOR pays all costs incurred by LESSEE for relocating LESSEE'S equipment-to- the Temporary loeation and-improving the Temporary Relocation so that it is F • t- eompatiblc for the LESSEE's arse, in LESSEE's reasenable -dpi nat-iem- c.LESS Formatted: Bullets and Numbering Formatted: Bullets and Numbering east- ninety (9O) -- days -; ' r to requiring, Formatted: Bullets and Numbering d.LESSEE's use at the Premi ed-et- diminished during the-- releeatienr - ----{ Formatted: Bullets and Numbering and LESSEE is allowed, if necessary, in LESSEE's reasonabl place -a temporary installation-on-the-Property during an} such reloeatiennd .-Upon thc completion of any maintenance, repair or similar wort: by LESSOR:- -- LESSEE -is- permitted- te-ret 4 o- i-ts- origi-na1-- loeatien 4rom the - temporary-- lecatien 15. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of thc Property which existed on the Properly prior to the date this Agreement is executed by the Parties. In the event any after - installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering clown such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and /or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. if such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then MIN Pop Rocks 8 Water Tower Agreement l Formatted: Bullets and Numbering existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. INTENTIONALLY OMFITED, • - Formatted: No bullets or numbering ' Formatted: Bullets and Numbering - Formatted: Underline 19. 19. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the. -------- ,..tion of he Pro Property occupied by LESSEE, or a larger porti such offer. If LESSEE tai des- thereeo €€re in the Property o • or devise of LI SSOR's interest in the Property as a result of the death of LESSOR, by direct conveyance or by convcya 20. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be MIN Pop Rocks Water Tower Agreement 9 Formatted: Indent: Left: 0.48 ", First line: 0.08 ", No bullets or numbering released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 20, 20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying - -- rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises, 2-I: 212 -1-. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 22: 22. INTEGRATION. It is agreed and understood that this Agreement contains all. -°-•' agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 1 2 - 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 24 24, ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon Ipartnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. MIN Pop Rocks Water Tower Agreement 10 Formatted: No bullets or numbering Formatted: Bullets and Numbering Formatted: Indent: Left: 0.48 ", First line: 0.08 ", No bullets or numbering { Formatted: No bullets or numbering { Formatted: No bullets or numbering ?j: 25. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Farmington 430 Third Street Farmington. MN 55033 Attention: City Administrator LESSEE: Verizon Wireless (VAW) LLC d/b /a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. is 26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal .. representative, successors and assigns of the Parties hereto. 27. SUBORDINATION AND NON - DISTURBANCE. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage ") by LESSOR which from time to time may encumber all or part of the Property, Tower or right -of -way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non - disturbance and attornment agreement for LESSEE'S benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non- Disturbance Agreement "), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non- Disturbance Agreement shall include the encumbering party's ( "Lender's ") agreement that, if Lender or its successor -in- interest or any purchaser of Lender's or its successor's interest (a "Purchaser ") acquires an ownership interest in the Tower or Property, Lender or such successor -in- interest or Purchaser will (1) honor all of the teens of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then - existing LESSOR defaults under the Agreement. Such Non - Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non - Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the MN Pop Rocks Water Tower Agreement 11 Formatted: No bullets or numbering Formatted: Bullets and Numbering Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Tower or Property and (3) agrees accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 2& 28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 25:29. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non - monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any 'remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to per -form an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. MIN Pop Rocks Water Tower Agreement 12 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 29 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0 ", First line: 0.5 ", Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" 30. 30. REMEDIES. Upon a default, the non- defaulting Party may at its option (but— without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non - defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non - defaulting Party in the exercise of any right or remedy which the non - defaulting Party may have by reason of such default, the non - defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non - defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10 %) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 3-L 31. ENVIRONMENTAL. tr a. LESSOR will be responsible for all obligations of compliance with any and all - environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Tower or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b:b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non - compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Tower or Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. MIN Pop Rocks Water Tower Agreement 13 iFormatted: No bullets or numbering Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", No bullets or numbering 3 -1:32. CASUALTY. In the event of damage by fire or other casualty to the Tower or- Premises that cannot reasonably be expected to be repaired within forty -five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty -five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 3-2 33. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty -five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 33.34. SUBMISSION OF AGREEMENT /PARTIAL INVALIDITY /AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. MIN I'op Rocks 14 Water Tower Agreement Formatted: Indent: Left: 0 ", First line: 0.5 ", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 32 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 34:35. APPLICABLE LAWS. During the Teim, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without (imitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws "). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 35.36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 3637. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. MIN Pop Rocks Water Tower Agreement Signatures next page Remainder of page left intentionally blank 15 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Farmington By: Name: Its: Mayor By: Name: Its: City Clerk Date: MIN Pop Reeks Water rem Agreement LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Lynn Ramsey Its: Area Vice President Network Date: 16 Exhibit "A" (Legal Description of Property) Page 1 of 2 The North 1303.89 feet of the West 792.00 feet of the Southwest Quarter of Section 24, Township 114 North, Range 20 West, Dakota County, Minnesota. MIN Pop Rocks Water Tower Agreement 17 Exhibit "A" (Sketch of Land Space within Property) Page 2 of 2 MIN Pop Rocks Water Tower Ayeernent 18 Exhibit "B" (List of Equipment) Page _ of MIN Pop Rocks Water Tower Agreement Error! Unknown document property name. 19 Exhibit "C" (Survey) Page _ of MIN Pop Rocks Water Tower Agreement Error! Unknown document property name. 20 R55CKS2 LOGIS600 Note: Check Amami may not reflect actaul check total due to sequence of data Check # Date 127214 2/28/2014 Amount Supplier / Explanation PO# Doc No Inv No 100704 AMERICAN WATER WORKS ASSOCIATION 76.00 NN WA 2014 MEMB DUES 126217 00654203 APR'14-15 127222 2128/2014 76.00 107089 CANNON VALLEY PRINTING 759.64 SPRI G'14 REC GUIDE SRVS 759.64 127226 2128/2014 127257 2/28/2014 CITY OF FARMINGTON Council Check Summary 2/24/2014 - 3/23/2014 BU Obi Sub 8502 6480 126263 FPR 36038 SPRING 6502 6450 REC 109729 CRESCENT ELECTRIC SUPPLY CO 11.30 FLUOR LAMPS, CITY BLDGS 126270 02A-316552-00 .58- TAX EXEMPT FLUOR LAMPS 126270: 024416582-00 10.72 100093 PELLICCI HARDWARE & RENTAL. 8.92 HAMMER DRILL BITS 126271 76810/F 127271 2/2812014 127298 317/2014 6.92 110964 UUNE SHIPPING & SUPPLY SPECIALISTS 35.92 MATS, NITRILE GLOVES 126044 56675822 35.92 100025 CINTAS CORP LOC 754 23.25 WKLY UNIFRM SRVS, MAINT FACIL 15.77 WKLY UNIFRM SRVS, MAN FACIL 13.52 WKLY UNIFRM SRVS, MAINT FACIL 15.45 WKLY UNIFRM SRVS, MAN FACIL 127301 3/7/2014 127318 3/7/2014 67.99 125953 754286292 126048 754287890 126273 754290490 126334 754293097 8502 6240 6502 6240 6502 6515 6502 6220 6502 6290 6502 6290 6502 6290 6502 6290 112150 COVERALL OF THE TWIN CITIES, INC 214.09 MAR'14 CITY BLDGS CLEANING 126429 7070199618 MAR'14 6502 6401 214.09 103329 HOTSY EQUIPMENT OF MINNESOTA 139.81 VEHICLE/EQUIP REPAIR SRVS 126208 44945 127324 3/7/2014 127329 3/7/2014 139.61 100049 LOCAL. GVMT INFO SYSTEMS ASSN. 1,456.00 JAN'14 UBASSESSMENTS 611.00 JAN'14 LIB SFTWR APPL SUPPORT 2,067.00 126388 37958 JAN'14 126390 37887 JAN'14 100169 MINNESOTA DEPT OF HEALTH 700.00 APRIL WTR OPERATOR CLASS 126421 APR'14AMA, CLASSES 700.00 8502 8250 6502 6402 6502 6402 6502 6470 Subledpar Account Description SUBSCRIPTIONS A. DUES OUTSIDE PRINTING BUILDING SUPPLIES & PARTS BUILDING SUPPLIES & PARTS BUILDING REPAIR SERVICE EQUIP SUPPLES & PARTS UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING UNIFORMS & CLOTHING PROFESSIONAL SERVICES OTHER SUPPLIES & PARTS DATA PROCESSING DATA PROCESSING TRAINING & SUBSISTANCE BU Description 3/20/2014 10:0423 Page- 1 Co Dept Div WATER UTIUTY EXPENSE 06500 08 WATER UTILITY EXPENSE 06500 08 WATER UTILITY EXPENSE 06500 08 WATER UTILITY EXPENSE 06500 08 WATER UTILITY EXPENSE 06500 08 WATER UTIUTY EXPENSE 06500 08 WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER I T=LJTY EXPENSE WATER UTILTIY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 08500 08 06500 08 06500 08 R55CKS2 LOGIS800 Note: Check Amount may not reflect actaul check total due to sequence of data Check* Date 127333 31712014 127336 3/712014 Amount SuppUef / Explanation PO# Doc No Inv No 100070. MVTL- MINN VALLEY TESTING LABS 48.75 2/10 HATER TEST REPORT 126039 690514 48.75 1012.54 ORKIN EXTERMINATING 29.01 JAN'14 PEST CTRL. SRVS, CMF 29.01 FEB'14 PEST CTRL SRVS, CMF 99.43 JA1114 PEST CTRL SRVS, WfR TWR 99.43 FEB14 PEST CTRL SRV, WTR TWR 256.68 127340 3/7/2014 127349 317/1014 127351 3/7/2014 .43 89.55 6.99 5.49 .38 6.99 2.70 1.43 .79 56.98 13.47 52.95 84.99 5.99 4.77 60.55 1.68 1.43 14.99 412.55 100093 PELUCCI HARDWARE & RENTAL HRDWR, SNAP SPRING PAINT FOR WELL HS FLOORS PWR BRUSH, WELL CLEANING VEHICLE SUPPUES HRDWAR,COUPUADAPTR GROUND CLAMP PAINT SUPPUES HOLE SAW LUBRICANT, GA DOOR PUERS, TORCH TRIG GRND CUAPS GRND CLAWS, ALUM SCOOP 18" WRENCH, SPEC ORDR #2 PHIL. SCREWDRVR ELEC TAPE, GAL WIRE RP CUP WTR LINE SUPPUES/PRTS FG MESH TAPE COMPACT WORK UGHT SIDEWLK SCRPR, FOR WELLS CITY OF FARMINGTON Counca Check Summery 224/2014 - 3/2312014 BU ON Sub 6502 6401 125251 9052015917200371 JAN 126252 9140810317200371 FEB 126283 90519248/2687757 JAN 126254 91405991/2687757 FEB 6502 6401 6602 6401 6502 6401 5502 6401 125792 79934/F 6502 8220 125923 79978/F 6502 6250 125930 79973/F 6502 6250 125931 80067/F 6502 6250 125957 80035/F 6502 6515 126088 80114/F 8502 6250 126169 80144/F 6502 6220 125172 801601F 6502 6220 126173 80241/F 6502 6240 126177 801581E 5502 6250 126176 801761E 6502 6250 126179 321841E 6502 8250 126150 98524/F 8502 6250 126181 50103/F 6502 6250 126162 001741E 6502 6250 126227 80285/F 550E 5250 126272 50291/F 6502 6515 126275 802931E 5602 6220 126349 82055/F 6602 6250 100151 SAUBER PLUMING & HEATING CO. 990.00 CURB BX THAWQ PRESBY CHURCH 38.74 SOIL PIPE, CLAMPS, COUPLING 1,026.74 112307 T-YOBULE 6.57 1/17 -2116 GPS AIR SRVS 126268 19088 6602 6401 126333 19061 6502 6515 126357 6517577560 6602 6220 Description PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERRVICES EQUIP SUPPUES & PARTS OTHER SUPPUES & PARTS OTHER SUPPLIES & PARTS OTHER SUPPUES & PARTS BUILDING REPAIR SERVICE OTHER SUPPUES & PARTS EQUIP SUPPLIES & PARTS EQUIP SUPPUES & PARTS BUILDING SUPPLIES & PARTS OTHER SUPPLIES & PARTS OTHER SUPPUES & PARTS OTHER SUPPLIES & PARTS OTHER SUPPUES & PARTS OTHER SUPPUES & PARTS OTHER SUPPUES &PARTS OTHER SUPPLIES & PARTS BUILDING REPAIR SERVICE EQUIP SUPPUES & PARTS OTHER SUPPUES & PARTS PROFESSIONAL SERVICES BUILDWG REPAIR SERVICE EQUIP SUPPUES & PARTS BU Deeatpdon 3/20/2014 10:0423 Pam- 2 Co Dept Div WATER UTILITY EXPENSE 06500 08 WATER UTILITY EXPENSE 08500 08 WATER UTIl7Y EXPENSE 05500 08 WATER UTIUTY EXPENSE 06500 08 WATER UTLITY EXPENSE 06500 08 WATER uTIUTYEXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE HATER UTIUTY EXPENSE WATER UTIUTY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTIUTY EXPENSE WATER Ui1LITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE HATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 WATER UTIUTY EXPENSE 06500 08 WATER UTILITY EXPENSE 08500 08 WATER UTIUTY EXPENSE 06500 08 R55CKS2 LOGES600 Note: Check Amsted may not reflect ac taut check total due to sequence of data Check # Date Amount Suppler/ Explanation PO# Doc No lay No CITY OF FARMINGTON 3/2W2014 10:0423 Cours2 Check Summary Pte- 3 2/24/2014 - 3/23/2014 BU OEtj Sub SuWedper Account Description BU Description Co Dept Div JAN- FE-B'14 6.67 127353 3/712014 100741 TRENDEX INC 68.40 APR'14 -'15 SRV AGREE, LAMINATR 125991 161952 8502 8401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 68.40 127389 3/14/2014 113442 METERING & TECHNOLOGY SOLUTIONS 13,977.50 WTR METERS, SUPPLIES 126348 130 6502 6220 EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 06500 08 13,977.50 127392 3/14/2014 102725 MINNESOTA DEPT OF HEALTH 10,106.00 1/01-3/31 WATER SRV CONNECT FE 128226 1190008 JAN-MAR'14 6501 5025 ENTERPRISE SALES WATER UTILITY REVENUES 06500 08 10,106.00 127393 3/14/2014 100030 MINNESOTA PIPE AND EQUIPMENT 163.70 UDIW PLUG, WTR EQUIP 126040 0311113 6502 6250 OTHER SUPPUES & PARTS WATER LITILTTY EXPENSE 06500 08 31.89 CURB BX REPAIR PARTS 126228 0311294 6502 6250 OTHER SUPPUES & PARTS WATER UTIUTY EXPENSE 06500 08 195.59 127395 3/142014 100070 MVTL- MINN VALLEY TESTING LABS 43.75 2/17 WATER TEST REPORT 126038 691324 6502 6401 PROFESSIONAL SERVICES WATER UTIUTY EXPENSE 06500 08 43.75 127409 3/14/2014 109843 USA MOBILITY WIRELESS, INC 3.93 MAR'14 PAGER TXT SRVS, CMP 128556 X0317419C MAR'14 6502 6412 CELLULAR PHONES WATER UTILITY EXPENSE 06500 08 3.93 127434 3/21/2014 100024 GOPHER STATE ONE -CALL INC 18.85 FEB'14 UTIL LOC SRVS 126586 94363 FEB'14 6502 6401 PROFESSIONAL SERVICES MATER LJ ILITY EXPENSE 08500 08 28.87 FEB'14 PH UTIL LOC SRVS 126587 98357 FEB'14 8502 8401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 45.72 127436 3/21/2014 112416 IMPACT MAILING OF MN INC 262.94 FEB'14 UTILITY BILL POSTAGE 128668 87578 FEB'14 8502 6445 POSTAGE WATER UT ILTT'Y EXPENSE 08500 08 48.49 FEB'14 UTILITY BILL MAIL SRVS 126686 87578 FE13'14 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 311.43 127440 3/21/2014 109715 LUBRICATION TECHNOLOGIES, INC 193.52 VEHICLE LUBES/GREASE 125320 2337649 6502 6230 VEHICLE SUPPUES & PARTS WATER UTILITY EXPENSE 08500 08 193.52 127443 3/2112014 100030 MINNESOTA PIPE AND EQUIPMENT 7.52 WTR LtD, BOLT 125343 0311305 6602 6250 OTHER SUPPUES & PARTS WATER UTILITY EXPENSE 06500 08 7.52 127444 3/21/2014 100070 MVTL- MINN VALLEY TESTING LABS 37.50 2/24 WATER TEST REPORT 126347 892147 8502 8401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 R55CKS2 LOGIS600 Note: Check Amount may not reflect actaul check total due to sequence of data Check # Date 127446 3/21/2014 Amount Supplier / Enkplanation PO# Doc No 37.50 113031 MRS REUABIUTY SOLUTIONS LLC 633.77 FEB'14 GENERATOR SRVS 126642 127456 3/21/2014 633.77 103374 TEAM LABORATORY CHEMICAL CORP 213.71 DRAIN CLEAN SUPPLIES 126650 20140225 2/25/2014 20140228 2/28/2014 213.71 265.45 121.35 386.80 108980 MINNESOTA ENERGY RESO 12/27 -2PO4 GAS, 1ST ST GARAGE 12/26-1/27 GAS, 311 1/2 OAK ST 102160 CARDMEMBER SERVICES 5.86 1/07 VISA, MECHTRONtCS CTRL 30.46 1/16 VISA, SEARS.COM -BROAN 361 15.43 1/24 VISA, TOOLBARN.COM-SAW 33.49 1/27 VISA, NO SHORE COMM DR 4.85 1/30 VISA, AMAZON -DR OPENER 90.09 Report Totals 32,144.91 CITY OF FARMINGTON Council CheckSurinwy 2'2412014 - 3/23/2014 Inv No 1800001131 / CMF 95406 URCES CORPORATION 125875 4978796-3 JAI114 125879 4360021-2 JAN14 126279 126279 126279 126279 126279 4798 „.1588 FEB'14 VISA 4798...1668 FEB14 VISA 4798...1665 FEB14 VISA 4798._1668 FEB14 VISA 4798...1868 FEB'14 VISA 80 OM Sub Subied0er 6502 8422 8502 8250 8502 6433 8502 6423 8502 6505 8502 6240 6502 6220 8502 6240 6572 6240 ELECTRIC OTHER SUPPLIES & PARTS NATURAL GAS NATURAL GAS EQUIPMENT REPAIR SERVICE BUILDING SUPPLIES & PARTS EQUIP SUPPUES & PARTS BUILDING SUPPUES & PARTS BUILDING SUPPLIES & PARTS 3/2W2014 10:04:23 Payer 4 BU Description WATER UTILITY EXPENSE WATER UTILITY EXPENSE lAATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE Co Dept Div 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08 06500 08