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Home My WebLink About11/24/14(1t\ t7l f'IIt- IIIItIiJ,iUll i (l "I bird hr t Farirmwh n, :\ 9 >j01.( A Proud Past - A Prc ,;_� ur,�lt�'rl to !i'n,h 'r.s bill v's ii�rl;c' \lilt hell Sniih , (. it Virtj /ic', io,en ulirc' ko cil■ '81l- ,,S(n) lorE7lit }u LU Ii. I11R.IC� AGENDA REGULAR WATER BOARD MEETING Monday, November 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 — October 27, 2014 4) Water Citation Appeals - None 5) Continued Business a) Verizon Lease Amendment b) Hydrant Buddy Discussion 6) New Business a) Met Council Ground Water Monitoring b) Pressure Control Update — Daisy Knoll Tower c) Cancellation of December Meeting discussion 7) Approve Bills Finance 8) Open Forum 9) Adjourn City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 • Fax 651.280.6899 www.d.farmingtonann.us TO: Water Board Members FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Approve Updated Antenna Lease Amendment- Verizon Wireless (Daisy Knoll) DATE: November 24, 2014 INTRODUCTION At their October 27, 2014, the water board approved a lease amendment for Verizon Wireless for the continued use of the Daisy Knoll water tower contingent upon paragraph two of the amendment being changed to allow either party to terminate the agreement at the end of the then current term. On November 3, 2014, the city council also approved the lease amendment with the same contingency. Staff had received a verbal commitment from Verizon's representative that they were okay with this change. DLSCUSSION When staff notified the Verizon representative that both council and the water board had approved the amendment, the representative indicated that Verizon was okay with the mutual termination, but wanted to change the initial term to 10 years instead of five, and add language that would require the city to give them at least a one year notice of termination if the water tower site was going to be redeveloped. Both staff and the city attorney reviewed the proposed changes and see no issue with them. In the case of redevelopment, the city would likely know more than one year in advance if the site were to be redeveloped. The initial 10 -year term benefits the city as much or more than Verizon, and the terms of the original lease still give the city the ability to terminate the agreement at any time if there are structural issues with the tower. Attached for your review and approval are two copies of the updated lease amendment. The first shows the changes that were made to the original amendment, and the other is a clean copy. It should be noted that on the copy that shows the changes, in paragraph two it appears that the number 43 appears parenthetically after the word "three ". This is not the case. The "4" actually has a strikethrough through it, but you can't see it well because it lines up with the horizontal part of the number "4 ". The lease as presented only allows for three additional five -year term extensions past the original 10 -year term. The following is a summary of the differences between the original amendment and the proposed new amendment. Updated Vernon Lease Amendment -Daisy Knoll November 24, 2014 Page 2 of 2 Original Amendment Five -year initial term Four, five -year extensions Tenant termination at the end of the term No change in redevelopment notice Updated Amendment 10 -year initial term Three, five -year extensions Mutual termination at the end of the term One -year redevelopment notice BUDGET IMPACT Antenna lease revenue is included in the annual water budget. ACTION REOUESTED Approve the attached update amendment to the 1999 lease extending it for up to 25 years with an initial term of 10 years with three, five -year renewal options. Respectfully Submitted, Kevin Schorzman, P.E. City Engineer cc: file Site Name: MIN Pilot Knob AMENDED (NO. 2) AND RESTATED COMMUNICATIONS SITE LEASE AGREEMENT This Amended (No. 2) and Restated Communications Site Lease Agreement ( "Amendment ") is made this day of , 201_, by and between the City of Farmington, Minnesota ( "Landlord ") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ( "Tenant "), with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866 -862- 4404), with reference to the facts set forth in the recital below: RECITAL Landlord and Tenant are parties to Communications Site Lease Agreement dated July 7, 1999, as amended by an Amendment No. 1 To Communications Site Lease Agreement dated June 24, 2005 (collectively, the "Agreement ") whereby Landlord leases a portion of its water tower and property to Tenant. Landlord and Tenant desire to extend the term of the Agreement and ratify, restate and reaffirm the terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the recital above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. TERM EXTENSION. The term of Agreement is hereby extended for one (1) The ten (310) year extension term commencing on July 8, 2014, and expiring on July 7, 2019 2024 (the "Extension Term "). The parties acknowledge and agree that rent for 2014 has been paid in full by Tenant. Commencing on January 1, 2015, Tenant shall pay to Landlord annual rent in the amount of Thirty -three Thousand Five Hundred Two and 00 /100 Dollars (S33,502.00). The annual rent shall be paid in advance of January 1 of each year. Commencing on January 1, 2016, and each January 1 thereafter, the annual rent shall increase by five percent (5 %). The parties acknowledge and agree that the increased rent payment for 2015 may not actually be sent by Tenant until thirty (30) days after the full execution and delivery of this Amendment. 2. OPTIONS TO EXTEND. Upon expiration of the Extension Term, the term of the Agreement shall automatically be extended on the same terms and conditions for four--three (43) additional five (5) year terms unless Tenant either party terminates it at the end of the then current term by giving Landllerd -the other written notice of the intent to terminate at least six (6) months prior to the end of the then current term. The annual rent shall increase by five percent (5 %) each year on January 1. MIN Pilot Knob Amended (No. 2) and Restated Conununications Site Lease Agreement 1 2372317v1 3. +TERM INATION. Effective immediately. Paragraph 10(a)(v) of the Agreement is amended to provide that the Landlord may terminate the Agreement uponpyelve (12) months_ written notice if its Council deciders, for any reason, to redevelop the Premises and /or discontinue . use of the water tower for all purposes. 34. RATIFICATION AND RESTATEMENT OF THE AGREEMENT. Except as specifically modified by this Amendment, the parties hereby ratify, restate and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. LANDLORD: TENANT: City of Farmington, Verizon Wireless (VAW) LLC a Minnesota municipal corporation d/b/a Verizon Wireless By: By: Name: Lynn Ramsey Its: Mayor Its: Area Vice President Network By: Name: Its: City Administrator By: Name: Its: Water Board President Date: MIN Pilot Knob Amended (No. 2) and Restated Communications Site Lease Agreement 2 2572317v1 Date: Formatted: Underline Formatted: Underline Site Name: MIN Pilot Knob AMENDED (NO. 2) AND RESTATED COMMUNICATIONS SITE LEASE AGREEMENT This Amended (No. 2) and Restated Communications Site Lease Agreement ( "Amendment ") is made this day of , 201_, by and between the City of Farmington, Minnesota ( "Landlord ") and Verizon Wireless (VAW) LLC d/b /a Verizon Wireless ( "Tenant "), with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866- 862 - 4404), with reference to the facts set forth in the recital below: RECITAL Landlord and Tenant are parties to Communications Site Lease Agreement dated July 7, 1999, as amended by an Amendment No 1 To Communications Site Lease Agreement dated June 24, 2005 (collectively, the "Agreement ") whereby Landlord leases a portion of its water tower and property to Tenant. Landlord and Tenant desire to extend the term of the Agreement and ratify, restate and reaffirm the terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the recital above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. TERM EXTENSION, The term of Agreement is hereby extended for one (1) ten (10) year extension term commencing on July 8, 2014, and expiring on July 7, 2024 (the "Extension Term "). The parties acknowledge and agree that rent for 2014 has been paid in full by Tenant. Commencing on January 1, 2015, Tenant shall pay to Landlord annual rent in the amount of Thirty -three Thousand Five Hundred Two and 00 /100 Dollars ($33,502.00). The annual rent shall be paid in advance of January 1 of each year Commencing on January 1, 2016, and each January 1 thereafter, the annual rent shall increase by five percent (5 %). The parties acknowledge and agree that the increased rent payment for 2015 may not actually be sent by Tenant until thirty (30) days after the full execution and delivery of this Amendment. 2. OPTIONS TO EXTEND. Upon expiration of the Extension Term, the term of the Agreement shall automatically be extended on the same terms and conditions for three (3) additional five (5) year terms unless either party terminates it at the end of the then current term by giving the other written notice of the intent to terminate at least six (6) months prior to the end of the then current term. The annual rent shall increase by five percent (5 %) each year on January 1. MIN Pilot Knob Amended (No. 2) and Restated Communications Site Lease Agreement 2572317v1 3. TERMINATION. Effective immediately, Paragraph 10(a)(v) of the Agreement is amended to provide that the Landlord may terminate the Agreement upon twelve (12) months written notice if its Council decides, for any reason, to redevelop the Premises and/or discontinue use of the water tower for all purposes. 4. RATIFICATION AND RESTATEMENT OF THE AGREEMENT. Except as specifically modified by this Amendment, the parties hereby ratify, restate and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative effective as of the date written below. LANDLORD: City of Farmington, a Minnesota municipal corporation By: Name: Its: Mayor By: Name: Its: City Administrator By: Name: Its: Water Board President Date: MIN Pilot Knob Amended (No. 2) and Restated Communications Site Lease Agreement 2 2572317v1 TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Lynn Ramsey Its: Area Vice President Network Date: R66CKS2 LOGIS500 No Chock Amount may not onset achel chock UN due b soqusn03 of Mt Chock* Dale 129990 1013112014 129997 10/3112014 CITY OF FARIINGTON Coen Mock SmamMy 10127/2014 11/13/2014 Arno** Suppler/ Explanation PCr3 Doe No Inv No 100061 DAKOTA COUNTY LUMBER COMPANY 10.50 PLYWOOD 132510 141040459$ 13.50 103652 FASTENAL COMPANY 32.44 HARDWARE FOR Wt .TER DEPT 1263 HARDWARE FOR WTR DEPT 130026 10131/2014 130027 10131/2014 45.07 1,077.47 220.11 1,297.58 132379 MNLAK107797 132330 MNIAK107109 100030 iBNNESOT7c MEMO ECANSIIENT HYDR PARTS, WTR DEPT 132241 0325227 VALVE DX, WTR MAIN BRWI&3RD 132242 0325210 100070 MVTL -IRAN VALLEY TESTBJC LABS 48.75 10/03 WATER TEST REPORT 132232 724190 130023 10/31/2014 45.75 BU Sub SoModoor Account 3502 0220 6562 0220 6502 6220 6502 6220 6502 3220 0502 6401 113031 NRG RELIABILITY SOLUTIONS LLC 876.39 SEPT'14 ELEC, MINT FACILITY 132105 3347-1410 SEPV14 6502 8422 676.39 130045 10/31/2014 112422 STANTEC CONSULTING SERVICES INC 1, 442.88 REVIEW CELLULAR SUBMITTALS 132530 639215 1,442.88 130043 1013113014 130065 10/31/2014 130054 111712014 130065 11812314 130033 118/2014 112307 T4AOBI.E 6.67 9117 -10111 GPS AIR CARD SVS 6.67 110966 YALE MNCHANICAL 40.61 BOILER REPAIR/MUA SYSTEM SVS 46.31 100192 AGGREGATE INDUSTRIES EC 223.65 CL 5 ROAD BASE GRAVEL 210.60 CL 5 ROM) BASE GRAVEL 434.45 100011 ANDERSEN INC, EARLF 155.00 TRAFFIC CONE FIRSTS/SIGNAGE" 155.00 100025 CINTAS CORP LOC 754 14.71 WKLY UNIFRM SRVIL MAINT FACJL 14.71 WKLY UNWRM SRVS, MAINT FACE. 14.71 WKLY UNIFRM SRVS, WANT FACIL 14.71 WKLY UNIFRIA SRVS, MAINT FACIL 8502 6401 132531 423329497 OCT14 3602 6220 132592 114503 132310 705244910 132307 705233703 132305 0103353.98 131193 764372479 132172 754375050 132333 754377624 132594 754310196 5502 0401 $502 1220 1502 6220 5502 6220 6502 5290 6502 6790 6502 0100 6592 11290 EQUIP SUPPUES & PARTS EQUIP SUPPLIES L PARTS EQUIP SUPPLIES & PARTS EQUIP SUPPLIES t PARTS EQUIP SUPPUES & PARTS PROFESSIONAL SERVICES ELECTRIC PROFESSIONAL SERVICES EQUIP SUPPLIES & PARTS PROFESSIONAL SERVICES EQUIP SUPPUES 1 PARTS EQUIP SUPPUES & PARTS EQUIP SUPPLIES 1 PARTS UNIFORMS & CLOTHING UNIFORMS # CLOTHING UNIFORMS '& CJ.OT/41NG UNIFORMS & CLOTHING 11120120141150:34 SU Dnerlpbon WATER UTILCTY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTI,JTY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER MITT EXPENSE WATER UTILITY EXPENSE Co Dept Div 03500 08 08500 03 03500 06 06500 00 0650008 0650006 0650008 0650006 0650003 06500 00 0650008 06500 08 0650003 06500 08 06500 00 06600 Of 06500 03 R65CKS2 LOGISS00 Note: Check Amount may not reflect aetaul check Wei duo to sequoias of data Check 8 Date 130109 11/7/2014 Amount Supplier / Explanation PO0 Doc Ne Inv No 14.71 WKLY UN IFRM SRV8,MAINT FACT 132690 754382758 73.55 130125 11/72014 111773 INNOVATIVE OFFICE SOLUTIONS, LLC 121.03 CLEANING SUPPLIES 132010 0/0535600 121.03 130123 11/712014 100070 MVTL- MINN VALLEY TESTING LABS 37.50 10/11 WATER TEST REPORT 132375 725448 37.50 106028 ME PLUMBING & HEATING INC 389.04 SRV EQUIP Q WELL HS84 132894 11189 130129 11/72014 389.84 100093 PELUCCI HARDWARE & RENTAL 14.06 SPRAYPAINT, DRYWAL 132078 23.49 PICK, SHOVEL, SPADE (IMPLEMENT 144.25 PPR TOWEL ROLLS, TP 6.78 VALVE BALLS, HEX BUSHG, GALV 24.60 NUTS, BOLTS, HARDWARE 80.99 NUTS, BOLTS HARDWARE 78.99• REF 88215, CREDIT RETURNS 248 GARAGE DR GREASE, TAPE .74 BONDING GLUE 31.99 SQUEEFEE 30- 1.58 GARAGE DOOR LUBRICANT 130135 11/72014 130152 11/14/2014 251.97 132081 132095 132095 132283 132284 132303 132354 132355 132505 132843 CITY OF FARMINQTON Council Check Sarammy 10/2712014 - 11/23/2014 BU Sub SMDlsdwer Account DaaIpion 88135/F 85077/F 80132/F 85084/F 86221/F 86215/F 55232/F CM 86345/F 86413/F 86575/F 88649/F 100161 SAUBER PLUMBING & HEATING CO. 1,760.00 WTR LEAK REPAIR,183RD/EUBERS 132373 20152 1,750.00 100581 CRAWFORD DOOR SALES CO 13.23 GARAGE DOOR REPAIRS 132593 18319 130168 11/14/2014 130184 11/142014 130185 11/14/2014 15.23 100240 DYNAMEX 51.96 10/29 D€ /V SRVS, DEPT/HEALTH 51.85 112416 IMPACT MAB.WG OF MN It4C 193.92 OCTI4 UTIL BILL POSTAGE SRV 45.55 OCT'14 UTIL BILL MAIL SRVS 240.50 8502 6290 8502 6240 6502 $401 $502 5401 6502 6502 6602 6502 8502 8502 6502 6502 6502 65022 6502 6220 6220 6220 6515 6220 8220 6220 6240 6240 8220 6240 0502 5401 6602 $401 133007 1574555/1400915977 $502 6401 132888 95901 OCT14 132988 95901 OCT14 111773 INNOVATIVE OFFICE SOLUTIONS. LLC 8502 6445 6502 6401 UNIFORMS & CLOTHING BUILDING SUPPLIES & PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES EQUIP SUPPLIES & PARTS EQUIP SUPPLIES & PARTS EQUIP SUPPLIES & PARTS BUILDING REPAIR SERVICE EQUIP SUPPUES & PARTS EQUIP SUPPLIES & PARTS EQUIP SUPPUES & PARTS BUILDING SUPPUES & PARTS BUILDING SUPPLIES & PARTS EQUIP SUPPLIES & PARTS BUILDING SUPPLIES & PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES POSTAGE PROFESSIONAL SERVICES 1112d2p141t50:3$ Page - 2 SU Deaa WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTIUTY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTIUTY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTILITY EXPENSE WATER UTIUTY EXPENSE WATER UTIUTY EXPENSE Co Dept Div 06500 08 05500 08 06500 08 06500 05 06500 08 05500 08 05500 08 06500 08 06500 08 06500 08 06500 08 08500 08 06500 08 05500 08 05500 08 06500 08 06500 08 065/X/ 08 06500 08 06500 05 lam A; Hi ' a II A + 1 8 1 4 2 5 m m m 2 i 5 1 it h 1 tO ill ei 0 5 mz� 9 I 1 1