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Home My WebLink About8/23/99 . Water Board Agenda Regular Meeting August 23, 1999 7:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Minutes -regular, July 26, 1999 4. Continued Discussion Items a) Pump House No.5 Update b) Water Use Restrictions Ordinance 5. New Business a) Nextel Antenna Request b) Resident Rust Complaint . 6. Approve Bills 7. Financial Report 8. Open Forum 9. Adjourn . " . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farp1ington.mn.us 4-6 TO: Water Board FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: , Water Use Restrictions Ordinance DATE: August 23, 1999 INTRODUCTIONIDISCUSSION Staff forwarded the Water Use Restrictions ordinance to the City Council for adoption at the August 16 City Council meeting. A motion was made to adopt the ordinance, however there was no second, so the motion died. As the City Attorney has previously indicated, the Water Board has the authority to enforce Water Use Restrictions as a Water Board policy. It is staffs recommendation that the Water Board adopt the Water Use Restrictions policy. There is time for further consideration of the policy before it would need to be implemented in 2000. Therefore it is not urgent that the matter be decided at this meeting. BUDGET IMPACT None at this time. ACTION REQUESTED Water Board consideration to adopt the Water Use Restrictions as a Water Board policy. Respectfully Submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file ~ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.falplfne.ton.mn.us 5'a- TO: Water Board FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Nextel Antenna Request DATE: August 23, 1999 INTRODUCTIONIDISCUSSION The City has received a request from Nextel to collocate antennas on the water reservoir at Daisy Knoll Park (See attached). Currently, Sprint and U S West are leasing space on the tower for antennas. It is staffs recommendation that Nextel's request be considered and if all Water Board and City Engineering requirements are met, that the Water Board enter into a lease agreement with Nextel. Also attached is the City's boilerplate lease agreement for the Water Board's information. . BUDGET IMPACT It is recommended that the lease amount for the site to be used by Nextel be set at the same amount as Sprint's lease, which is $11,025 per year with a 5% increase each year. ACTION REQUESTED Authorize staff to move forward with preparing a lease agreement with Nextel for space the water reservoir at Daisy Knoll for antennas. The final lease agreement will be brought to the Water Board for final approval before installation of the antennas. Respectfully Submitted, ~}h~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file .\ ~ .- --.- e- . .\ BUELL CONSULTING, INC. 905 Jefferson Avenue, Suite 210 Saint Paul. Minnesota 55102-4740 (651) 225-0792 Fax (651) 225-0795 Site Acquisition Permitting Site Management August 12, 1999 D &@@D~[g.~ 1U;16~ ~ Mr. Lee Mann Director of Public Works City ()f Farmington 325 Oak Street . Farmington, MN 55024 re: Collocation Request - Nextel Antennas on Farmington's Daisy Knoll Water Tank Dear Lee: Thank you for talking with me on August lOth, concerning Nextel's request to place wireless antenn.asandshelteratFarmington's ''Daisy Kttoll"water tank. For this project, lrepresent Nextel, who owns an: FCC license to provide ESMR (Enhanced Specialized Mobile Radio) coverage in the metro arell. Background: ...... .' '. . .. ..' . .'. . .' .' '. '. ..... Whenever possit,le,N extel tries to install antennas . on existing structurefil, instead of erecting new towers in their area of service.. As. ~estament to this fact, to this date, they have been able to collocate with others at over 75% of their sites in the I3-county metro area. .In the area ofFaQnington, Nextel.findsthat thelocati()]1ofthe Daisy I<noU water tank fi~s well in~() their site coverage grid of surrounding c01t1J11lUlities.They did also considered your new water tank located just soUth of County Road 64, and just east of Pilot Knob Road, but unfortrl11ately this site does not fit into their coverage grid. There is no other existing. structure to consider as an option for Nextel in the area (over ~ mile in radius). Therefore, Nextel requests permission to lease space similar to what is leased now by both US West Wireless and Sprint at the Daisy Knoll water tank. Nextel would like a multiple-year agreement (an initialS-year term, with 4 each 5-year renewable options), for installation ()f antennas and a prefabricated sheker, using rates which are similar to your existing tenants. Nextel's Specific Equipment Needs - 9 Antennas & 1 Shelter: Nextel proposes to mount nine (9) "panel antennas" at a centerline height of about 85 feet above ground. Three antennas would be oriented at 1040, three at 2240, and three at 3440. The type of antennas planned are made by Antel(mode1806-090-15-0), and weigh 231bs. each. Each antenna is 8'H x 8'W x 3"D, and each has a 900 horizontal beamwidth. These antennas transmit between 851 and 866 MHz, and receive between 806 and 821 MHz. Attached are the vendor's pictures and specifications for this antenna. One transmission line would be run to each antenna. " ~ . Nextel RF engineers believe they can place their antennas between USWW antennas without interference, since both colllPanies use different antenna orientations (USWW appears to orient their antennas at 400, 1350, and 2700). Nextel's engineers will work with you, USWW, and Sprint to validate non-interference, and Nextel affirms this agreement in writing in all their standard leases. In addition, Nextel proposes to set anI 1 'w x 20'L x II'H prefab shelter near the base of the water tank. They prefer to install a perlrn.eter shelter foundation below frost-line, but lower quality installation methods (ie:pier or pad foundations or a simple cmshed rock base) may be feasible if permanent methods would interfere with your long-range plans; Nextel would serve this shelter with their own power and telephone lines (available inside the existing fence). Attacheqis a preliminary site sketch which needs your approval or modification. . Next Steps: I would like to me.etwith you during the week ofA\lgust 17 -20to review all issues related to this proposal, such as: . - relevant site drawings (ie:. Utility Department drawings Which show location of underground water lines, site plans submitted by USWW and Sprint, % secti()n ID8PS and aerial photos~etc.) - required paperwork (ie: boilerplate lease and attachments, site legal description, easement information, non-interference documentation I lease verbiage, etc). .. - 'l1.on-itlterference" documentation process (1 lD8ybe able t() bring a Nextelradio engiIleer to our meeting to resolve this issueimnlediately) - required approyalprocess and timin g - your additional concerns" questions, requirements or other is~es Finally" Ihave attached acopyofNextel'sboilerplate lease, in the event thatyouwowdliketo use their format instead of asking Fannington to draft your own boilerplate for this site now. Thank you for your time, considerati()n and assistance. Please call me anytime at (jI2-447-8570 to discuss this proposal, and our next steps. Sincerely, .2'~~ Max W. Thompson Buell Consulting - Agent for Nextel attachments: Vendor pictures and specifications for Nextel's plannedantenoas Preliminary Site Sketch - showing Nextel's proposed shelter location Nextel's boilerplate lease .\ cc: Bill Buell- Buell Consulting Nathan Ward - Nextel Site Acquisition Manager Cam Conrad - Nextel Constmction Specialist Chuck Johnson - Nextel System Development Manager , ' ~ 1 j . 0 i I j ~/:' * l.BCTRICAL I I A-tJrE#~JA. . U~Model 806-090-12.0 80~90-12-3 806-09().12~ 806.09C).)2+9 806-090- IS.0 806-1 OS.l1.o 806-105-12.0 Frequency Range (MHz) 806-894 806-894 I 806-894 806-894 806-894 806-894 806-894 Polarization V V j V V V V V GaIn (dBd) (zO.5 dB) Avg 12.0 12.0 , 12.0 12.0 14.8 I I.S .12.5 I Horizontal Beamwidlh (deg) 90 90 90 90 90 105 105 Vert1calBeltnwtdlhldeg) IS ... 13 13 13 8 IS 9 . .. Electrical O<lwntiltldegj fi 3 .... 6 9 0 0 0 . > .... . Front.to-~ Ratio (dB)Avg 30 23 , 23 23 .23 23. 22 .... .. l I Max Power Inp.ut (watts) SOO SOO II SOO $00 SOO SOO ... 500 ! ... VSWR (Referenced to SO oJuns) Typ 1.3 1.3 ! 1.3 1.3 1.3 1.3 . 1.3 ... i IntertllOdulatlonProduCl$ I .. Two 2$ W Inputs: 1M3 (dBc) <-ISO <.150 , <.ISO <.1.50 <-145 <.1 SO :.NSO i .. Connector.J1pe N Female N Female I Nfema)e N Female N Female . N Female NFema1e ~tlc>lIIl7A~D1b ... .... .... . .. . . ~~rLocatlol1 .. ... ..... Back Back .. Back Back Back Back Back .. rv Conductor G1'oUJIded. Yes Yes Yes ... Yes Yes Yes Yes .. --" 1'.\.. .kll'tJICAL .. ... .. .... .. -,enslog$ IH x Vf X D) (In.) <tax 11kx3% 51 x 1r4 x2r4 )7% 7% X2r4 57x 7% x2% .~~ x 7%d3/4 57x7%x4~4 $2Li. ~rlq5 IS 16 16 16 23 18~ ..... 20' ........ Wef&ht(lb) .... .. Rad9me UV ResIs~t ASS; Standard C ray Color .. . .... .... >> ... ... Rac!9me Options Patterns made to order With 1 V R~tarltM4ter1als (See ~eleclll1U ~Data Sheet! . . ~d CoI~ll~e (S4!eTe b Note) .. ... .... M()UI1t1ng Hard'Nl1'e Provided Wall Mount Bra.~tsStarid~ - Galvanized Steel (GS) ... ..... .. i Optl9rtalBrac:kets ~Mount, TUtklt . ... .. ... - 1 ... Flat Plate Equ!vI1entArea (ft3) ... . 3.1 .S.2 3.1 4.3 2;0 .... 3,1 3.1 . . MaxlmIUll W1ndSpeeci (mph) 125 ... 125 125 I2S 100 125 .. I2S Latel'alTbrust lit IQOrriph (Ibs) ... 102 ! . . 127 127 121 242 121 199 Ic>rsI()1Ia1.M<llJlent .. 5 I 5 S 10 S 1.5 @IOOmph (fl:1bs) .. -- o .\ 8~~:O~{X) I \ '~J)pe DowntIlt I (N-J)peN) ~ I (D-~6 DIN) i ! ! ,,. ~ / BMtnwfdJh CUI f*'-J (dBdJ VtrtIcII hlt6m HOfUontaI htmm I3534RI l'rInlld In USA .Masured JMltern.r of Modft 1Z().()8().11-' ~ , ~ . r~PIW.AR~~~ to provide ~ hlghjront-to-back ratio 0/30 dB minlmwn;:.the ba1ML The lowproJlJe ~=~~= been deswr tocanceJ most back radiation. Model 12'() provides 12 dBd gain and very 10 wtn<lloadfng. Itfs a low p1'QfUe, compact an measuring 48 Inches taU, 7.2 Inches wide, d 3.8Inch~ deep. With Itshfgh front-to-back tio,the antemlawW pro"~e for reduced Int nce to nelghboring co-channel and adjacent ells. ' I . The antenni achieves long.tet1D e1tmfnation of Intermodula~.. (JM)dfstortlon through quallty construction ertved from decad.es of mllitaJ:Y experience, us a special design tl1atelfmlnates Internal con .. that can generate 1M distortion. 1M at <-ISO .Js umnatcbed In the Jn~t$y. I The thin, $. . truslve panels are available with vinyl Chamel.. nTlof CO~In.awldevar1ety ~~~OS~ ~~=~: :=~1atlon objections and speeding cell I -All PHAZAR !antennas aruvallable with =. tse:e. ~~'1.6~~~..= brackets and ecl1an1cal downWt ldts. .......... =:t are bacb!d by. i ! I I I I ! i I I -,- I , j ! . , . . r.' . , . '." . . . 'I . . ."Hazeltine is an ISO 900 I certified manufacturer , ~J .~. ro CJ I ~ . . .\ 2"d C0. d "'1:1101 . ),),fjS[ 1W6i.(.. - ~INIi"'.J !f!..A-rt:A. _ "1'it! 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'" ~_~ti$r()bcUl$tlI~on~W.~rtower.l1d.cltjr~()f Olty~~~WIlfCl'l'()Wef:" '. . '. . - . . - ,- " , '''-'''''' ..It.) ...~tt~.....~..~~tic>..foi.~PtoJt;Ct...~.~~~nsm-cdOQPJ~.br..thc:.~'J~....t~~4' .,.............J,;~rin#~raSQl,.~,.~tiM5~~.~....~t)tA.~.,.. .... ....... ......... ....................... ........ ...., P)~..~.by.~<ZtO'\$s-.ff.Ci~'~p.'~~~~d.~~~OQ$~~7 .... .,' C) ~~":~mmf '.' ..>>l........~ ~..' .... . ...........~~..O;~~ rincdbt"':l..Staff itfS ...... .....lio .......... i~.~~"~<t~ .~~. ,~.~.~.. .or~....~~~,Y"'..Q.y. .ry~.r.y.. .'" .' .....~,.g$ D~~~1~ori~.~G9"Wlt.' '." .' . . '. ..... .... .... ..... . .,1~""'.)'~(jf'1,pp. ...t....... .' . .... . ....... .' <. . .' .... ...... ..' ....... ............. ..y..... ........ ........ ..' ...~....... .........11... .tiI..ity." '..~. leo... IJJ. fi.ro.. ...-....'.Qtt.....C.... Dmmu....... ..... . .111. ~t...l.ons. '. .Q.rJ)atcoEl..... ..........EI(e...~.............. "I\$Socil..tioh ~.,r:m8~1ricil;y....Qt..........lt.lop. .........bOaI=.... ............ "iI"tbd1eCity'5p..n.Y(4)rb.$t'y~eapp~aDt..' .' ....... .' .... ....... ............................... ........ f) ""l~~(.~~~~. .. .....t....___~,. .. NOTE; APPUCATlON MUST DB SlGNRD BY nm COMPANY THAT WILL BE LEASING LAND AND TOWER SPACE FROM nm CIlY. A SITE ACQUISITION COMPANY WJU NOT BE ACCEPTABLE. . .. .~ ~ . . ..j TOTAL P.11l3 . . . Site I.D.#: Site Name: Nelsen Hills Water Tower COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("this Lease Agreement)" is entered into this day of between the CITY OF FARMINGTON, a Minnesota municipal corporation, ("Landlord"), and , ("Tenant"). FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows: 1. PROPERTY AND PREMISES. Subject to the following terms and conditions, Landlord leases to Tenant certain space on Landlord's Nelsen Hills water tower (the "Tower"), and space adjacent to the Tower, subject to all existing easements, (collectively referred to as the "Premises") together with appurtenant non-exclusive easements for access and utilities on Landlord's Property located at 18515 Pilot Knob Road, Farmington, Minnesota (the "Property") on a non-exclusive basis. The property is legally described on Exhibit "A", attached hereto and the Premises are described on Exhibit "B", attached hereto, both of which are made a part hereof. The primary purpose of Landlord's ownership of the Property is to: (a) operate and maintain a municipal water tower so as to provide water service to residents of Farmington; and (b) to provide communication systems to the City of Farmington and other radio tenants. 2. TERM. The term of this Lease shall be five (5) years, commencing on _, (the "Commencement Date") and ending on . The Commencement Date may be extended until the equipment listed in Exhibit "c" is installed, provided that the Commencement Date shall not be extended past in any event. Tenant shall have the right to extend this Lease for two (2) additional five (5) year terms ("Renewal Term"). The Renewal Term shall be on the same terms and conditions as set forth herein except for rental adjustments as provided in Paragraph 3, Rent, below. Tenant shall have elected to renew this Lease for a Renewal Term unless it gives Landlord written notice of its intention not to renew at least ninety (90) days prior to the expiration of the term. 3. RENT. a. Upon Commencement Date, Tenant shall pay Landlord, as rent, the following sums ("Rent"): Based on Tenant's initial installation as described in Exhibit "C", attached hereto, the annual rent on Commencement Date shall be , provided that Tenant may not add additional equipment cabinets and/or antennas from that shown on Exhibit "C" without the approval of the Landlord, which approval shall not be unreasonably withheld or delayed. This provision shall not apply to replacement equipment resulting from technology changes or repairs. There shall be additional Rent charged for the additional equipment and/or antennas that are 70262 FarmIngtooIVS __ UC NeI... Hills (PeS) " . . . installed based upon the amount of new equipment or antennas in proportion to the then current Rent under this Lease and other similar communication sites. b. The Rent shall be increased annually by an amount equal to five percent (5%). c. If this Lease is terminated at any time other than on the last day of a month, Rent shall be prorated, based on a thirty day month, as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, or Tenant's default, all prepaid Rent shall be refunded to Tenant. d. In addition to Rent, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 4. GOVERNMENTAL APPROVAL CONTINGENCY. a. Tenant Application. Tenant's right to use the Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 4(b) below on the Tower to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Premises with respect to the Tenant's proposed use thereof. b. Interference Study. Before initial installation of any structure or facilities, Tenant must pay for the reasonable cost of (i) a radio frequency interference study carried out by the City's communications consultant showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Tower is able to support the Tenant's Facilities, as defmed in Subparagraph 5(a), without prejudice to the City's use of the Tower. If the study fmds that there is potential for interference that cannot be reasonably remedied or for prejudice to the Tower, Landlord may terminate this Lease immediately and refund Rent paid for any months Tenant did not occupy the Premises. c. Non-approval. In the event that any application necessary under Subparagraph 4(a) above is finally rejected or any certificate, permit, license or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 3(a) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord. Except as required under Subparagraph toed) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 5. USE. 70262 FlWlringlm'US West \\lllliess LtC _Hils(PCS) ~ . ' -2- . a. Subject to the terms of this Lease, and the recommendations of the City's communications consultant, the Premises may be used by Tenant solely for the purposes of installing, removing, maintaining, and operating certain communications facilities in accordance with Exhibit "C", subject to such modification and alterations as may result from changes or improvements in technology (collectively the "Communications Facility") and in accordance with the transmission and reception of wireless communication signals authorized for use by Tenant by the Federal Communications Commission '("FCC"). This use is non-exclusive, and Landlord reserves the right to allow the Premises to be used by others, and to make additions, deletions or modifications to its own facilities on the Premises. Tenant shall comply with all ordinances, statutes and regulations of local, state and federal agencies. b. Tenant, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Tenant deems necessary to determine the Property's suitability for Tenant's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as Tenant deems necessary or desirable. . c. The placement of the equipment cabinets and the manner in which the antennas are attached to the Tower shall be subject to the prior approval of the Landlord, which approval shall not be unreasonably withheld. Landlord shall, at all times, use reasonable efforts to provide Tenant ingress, egress, and access from an open and improved public road. Landlord agrees to issue Tenant a key for the gate to the site. Tenant will not allow any mechanics' or materialmen's liens to be placed on the Property as a result of its work on the Property. d: Landlord agrees to give reasonable advance notice of any major repair or maintenance activities related to Tower operations. In the case of an emergency, notification is not required; however, Tenant will be notified as soon as possible of a recognized emergency. In the event that use of the Tower for water service, or use of the Tower to perform any necessary maintenance or repair, is interrupted or made impractical because of Tenant's antenna usage on the Tower, the City may interrupt Tenant's use of the Premises as reasonably necessary to prevent interruption of water service or interruption of maintenance and repair of the Tower. The City will use its best efforts to prevent or minimize interruptions to Tenant's use. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities. e. Tenant agrees that if its communications equipment produces noise levels that cause a disturbance to the surrounding neighbors of the Property, Tenant will at its own expense install noise mitigating equipment or a buffer to meet State noise standards. f. All modifications to the Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Tower they shall, at all times, be painted, at . 70262 . ' F..,;"gtonIUS__LlC _Hilla(PCS) ~ -3- . Tenant's expense, the same color as the Tower. 6. FACILITIES. a. Landlord agrees to maintain and operate the Property in accordance with good engineering practices and with all applicable FCC rules and regulations and to cause all other site users and users of the Property, where feasible, to do the same. . b. Tenant agrees to install equipment, (Tenant's "Antenna Facilities") in compliance with all FCC rules and regulations and good engineering practices. Any damage done to the Premises during installation or during operations shall be repaired at Tenant's expense within thirty (30) days after written notification of damage. Tenant shall complete its initial installation in a timely fashion. Landlord shall inspect Tenant's initial installation, and any subsequent operating changes made by Tenant, and shall notify Tenant of any punch list items that must be completed. Tenant shall complete all punch list items within thirty (30) days after receipt of written notification by the Landlord. Failure to complete the punch list items shall constitute a material breach of this Lease, and Landlord shall be entitled to terminate this Lease as provided in Section lO(a)(i) of this Lease. Tenant agrees that its Antenna Facilities will be of types and frequencies which will not cause radio frequency interference to Landlord or to any other Lessees of the premises, provided that Landlord, all Lessees and other users of the Property are in full compliance with Paragraph 6 (a) above. In the event such interference does occur, and Tenant is advised of such interference, Tenant shall eliminate such interference within twenty-four (24) hours or cease using the equipment causing the interference except for short tests necessary for the elimination of the interference. It is further agreed that Landlord in no way guarantees to Tenant non-interference to the operation of Tenant's equipment. Landlord will use its best. efforts to notify other users of interference, and to coordinate elimination of interference among site users. If Tenant clearly demonstrates the primary cause of the interference to be the property of Landlord or another user, Landlord will notify the other user to eliminate the interference within 24 hours or cease using the equipment causing the interference. c. Prior to adding additional transmitter or receiver frequencies on the premises, Tenant agrees to notify the Landlord of the modified frequencies so that the Landlord can perform the necessary interference studies to insure that the modified frequencies will not cause harmful radio interference to other existing Premises leases. Tenant will be required to pay the reasonable costs for said study which will be perfonned by Landlord's registered professional communications engineer. In the alternative, Tenant may perfonn the interference studies and submit the results to the City. However, the City, in its sole discretion, shall retain the right provided herein to submit the study results to its registered professional communications engineer for review at Tenant's expense. d. Tenant shall be solely responsible for any taxes on its personal property. e. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Premises, which show the actual location of all Antenna Facilities. . 70262 FamingtonIUS WosI_LLC _Hllls(PCS) ~ -4- . . . Said drawings shall be accompanied by a. complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Premises. f. Tenant shall, at its own expense, maintain any equipment on or attached to the Premises in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of other tenants using the Tower and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. g. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Premises, including painting or other maintenance of the Tower, that are caused by Tenant's occupancy of the Premises. 7. UTILITY SERVICE. Tenant agrees to timely pay for and install all required utility services and meters. Payment for electric and/or telephone service for Tenant's Antenna Facilities shall be Tenant's responsibility without any adjustment to rent. The Landlord shall not be responsible for any damages which occur as a result of interruption of utility services. 8. ADVANCES IN TECHNOLOGY. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its reasonable discretion and after Tenant's prior written approval, which approval shall not be unreasonably withheld, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installatiQll and use of the improved antennas are practical and technically feasible at this location. 9. ADDITIONAL BUILDINGS. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit "A". At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's buildings and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. 10. TERMINATION. a. Except as otherwise provided herein, this lease may be terminated, without penalty or further liability , on sixty (60) days written notice as follows: 1. by either party upon a default of any covenant or term hereof by the other party which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); 11. by Tenant if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the installation and/or operation of the 70262 FllI1OOgIonIUS__LLC _Hilb(PCS) " . ' -5- . 111. v. vi. vii. Antenna Facilities or Tenant's business; by Tenant if the Property is or becomes unacceptable under Landlord's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; IV. by Landlord in the event that the use of the Tower for water service is jeopardized because of antenna usage on the Tower; by Landlord, if its Council decides, for any reason, to redevelop the Premises and/or discontinue use of the Tower for all purposes; by Landlord if it determines that the Tower is structurally unsound, including, but not limited to, consideration of age of the Tower, damage or destruction of all or part of the Tower on the Premises from any source, or factors relating to condition of the Premises; or by Landlord if its determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, and the failure to comply is not cured within sixty (60) days of receipt of written notice of failure to comply, and after a public hearing before the Landlord's Council. . b. Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced . by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. c. Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual Rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid the annual rental for that year. d. Site Restoration. Upon termination of this Lease, Tenant shall, within ninety (90) days thereof, remove all of its equipment cabinets from the Premises, and its transmission lines and antennas from the Tower. Tenant, at its expense, agrees to return the Premises and the Tower surface where Tenant's Antenna Facilities have been to their original condition, ordinary wear and tear excepted. Upon the commencement of this Lease, Tenant shall deposit with Landlord the sum of $5,000.00, which shall be fully refunded to Tenant, including a reasonable rate of interest the amount of which to be determined by the City, upon the timely removal of the Antenna Facilities, and related equipment, the repair of the site and the restoration of the Tower surface to the reasonable satisfaction of the Landlord. Any of Tenant's property remaining on the Premises or the Tower ninety (90) days after the expiration or the termination of this Lease . 70262 . ' FIIll1ingIooI\JS__llC NeI8en Hils (PeS) ~ -6- . . . shall become the property of Landlord free of any claim by Tenant or any person claiming through Tenant. 11. INSURANCE. a. Worker's Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. b. General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Tenant may self-insure for the amounts and types of insurance required by this Section 11(b). If Tenant elects to self-insure, Tenant shall notify Landlord of its intent to self-insure, and shall receive Landlord's prior written approval, which approval shall not be unreasonably withheld. Such coverage shall include, but not be limited to, bodily injury, property damage - broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $5,000,000 each occurrence; $1,000,000 personal and advertising injury; $5,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. c. Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of rides afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided by Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. d. Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Premises. The amount of coverage shall 70262 Fam;ogro.YUS West \\lA1less LLC __(PCS) ~ -7- . be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. e. Adiustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by twenty-five percent (25 %) over the preceding Term or Renewal Term. f. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy t evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A + or better), licensed to do business in the State of Minnesota, which includes all coverages required in this Paragraph 11. Tenant will list the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be cancelled, non-renewed, or material changed without thirty (30) days prior written notice to the Landlord. 12. DEFENSE AND INDEMNIFICATION. . a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related - facilities on the Premises. b. Hazardous Materials. Without limiting the scope of Subparagraph 12(a) abovet Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Premises associated with the Tenant's use of Hazardous Materials. For the purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defmed in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. c. Tenant's Warranty. Tenant represents and warrants that its use of the Premises will not generate and Tenant will not store or dispose of on the Premises, nor transport to or over the Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Premises. Landlord acknowledges Tenant has notified Landlord it will store lead acid back-up batteries on the Premises. The obligations of this Paragraph 12 shall survive the expiration or other termination . 70262 FonningIorv\JS__UC __(PCS) ~ -8- . . . of this Lease. d. Landlord's Responsibility. Landlord will be solely responsible for any claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Tenant, its officers, employees, agents, representatives, successors or assigns. 13. DEFAULT. Except as expressly limited hereby, Landlord and Tenant shall have such remedies for the default: of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty (30) days. 14. LIMITATION OF LANDLORD'S LIABILITY. If Landlord tenninates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. ASSIGNMENT. This Lease, or rights thereunder, may not be sold. assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord" hereby consents to the assignment by Tenant of its rights under this Lease as collateral . to any entity which provides financing for the purchase of the equipment to be installed at the Premises. 16. QUIET ENJOYMENT. Tenant, upon paying rent, shall peaceably and quietly have, hold and enjoy the Property. 17. DAMAGE OR DESTRUCTION. If the Property or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) day's written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. 18. CONDEMNATION. In the event the whole of the Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of title transfer, by giving thirty (30) days I written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full 70262 FIl1l1ingIano\JS__llC Nelsen Hils (PeS) "' -9- . . . amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account or any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be'deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord: City of Fannington 325 Oak Street Fannington, Minnesota 55024 with copy to: Fannington City Attorney Campbell Knutson P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 If to Tenant: with copy to: 70262 Fam1ingIorIUS __ LtC _ HiIs(PCS) ~ -10- . . . 20. MISCELLANEOUS: a. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. b. Complete Lease: Amendments. This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the Landlord and Tenant. This Agreement may only be amended in writing signed by all parties. Exhibits "A" through "C" are incorporated into this Agreement by reference. c. hereto. Counterparts. This Agreement may be signed in counterparts by the parties d. Binding Effect. The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Landlord and Tenant. e. Enforcement and Attorneys' Fees. The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorney's fees and other reasonable costs and expenses from the non-prevailing party. f. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. g; Severability. If any term of this Lease is found to be void or invalid, such . invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Lease Agreement the day and year first above written. LANDLORD: CITY OF FARMINGTON BY: Gerald Ristow, Mayor AND John F. Erar, City Administrator 70262 Flmlingtlllv\JS West _ Lie Nelsen Hils (PCS) ~ . ' -11- . . . Exhibit "A": Exhibit "B": Exhibit "e": 70262 LIST OF EXHIBITS Legal Description of the Property. Sketch and Description of the Premises. Equipment/Initial Installation. FannillgtonlUS _ _ LLC _Hills(PCS) ~ -13- . . . SITE ID #: SITE NAME: Nelsen Hills Water Tower EXHIBIT "A" TO COMMUNICATION SITE LEASE AGREEMENT LEGAL DESCRIPTION OF LANDLORD'S PROPERTY: Address: 70262 18515 Pilot Knob Road Farmington, Minnesota 55024 . ' FlImiI1gtonAJS WostwnlossllC Nelsen Hilb (PeS) ~ . . . SITE ID #: SITE NAME: Nelsen Hills Water Tower EXHIBIT "B" TO C<;>MMUNICATION SITE LEASE AGREEMENT SKETCH AND DESCRIPTION OF THE PREMISES: ~ . SITE ID #: SITE NAME: Nelsen Hills Water Tower EXlDBIT "C" TO COMMUNICATION SITE LEASE AGREEMENT EQUIPMENT/INITIAL INSTALLATION: s . . . ' " . . . 51:, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmine-ton.mn.us TO: Water Board FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Resident Rust Complaint DATE: August 23, 1999 INTRODUCTIONIDISCUSSION The City has received a letter from Ms. Dolly Newberg, 5680 W. 193rd Street regarding rust in her water (see attached). She is also requesting a refund on her water bill due to the additional water she has had to use to re-wash clothing, dishes and re-fill her daycare pool. City staff has been out to the resident's home several times as complaints have been forwarded to the City. During the next round of hydrant flushing this fall, staff will review the flushing procedures to try and determine if the issue can be addressed through flushing. The <;:ity receives several rust complaints a year and in each case rust remover is provided to the affected residents. The rust remover is effective in removing rust from clothing. The occurrence of rust in the water system is normal due to the nature of water and materials of system itself. It is not possible to eliminate the rust from the system. Based on these facts, it is not recommended that a discount on the resident's water bill be given. BUDGET IMPACT None at this time. ACTION REQUESTED For information only. Respectfully Submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file ~ . . . . JUly 20, 1999 City afFanniu.gtan Fimmcc Dept. 325 Oak St. FllfIDington, MN 55024 Attn: Robin Ralland We.bavebeenbavinga problem with aur water supply being inundated with rust. I ~ve badBiU Weireke atld Tom Jensen aut a few times to. check and help try to .correct the problem but it returns within a few days for no llPParent reason ustJally mid~maming and af\ernoon: I was told that several C)tl1erhousehoI4s bave thepr9bleDl where ~st. will be intheirwater$Ullplybut nat in the neighboring systems. N9 one Iuls~n a.ble to figure out the sour~orwhy it 9nlY ~PPf'ns toa few homes with any fi'equency. I have been forced to re-wasb clothing, dishes and re-tlll my. 1 O-foot daycare pool too manY times due to rusty water. This whole situation is getting re4iculous. I wasaifered the rust re.novet for tile clath~ butdid llC)t u~.lusPallyrun my washere~pty ou.~afterI notice the rusttbeJlre~wash andtlt~ 111$1 Iuls come out everytin1e. . Ido not und~dwhytlte source9fthe rust cannat t>efQUt1cl orwby it affects ow-home ~ut notour neighbors. Sometitnes lam forced togowithoutwashingciothcs beoaulie thcPrllytimeI have. to. do. it is 4uringtheti~eJherustusually shows up and! do not ~ve the tit't1eta ~anitor fortlterustor re-wash affected clothing. . ldonot feel I sbaul4 have tomomtor for tbisproblelll (lnd WOUld like the city to lookintothe situat10nllJld get it fi~ed. We did not have this problem last year before the new water tower-could that be. the Prol>lem1 I would like a discount onourwaterbill for thisnextbilling period. I have wasted tootllUch water haVing to flush out ow- pipes, re~washolothcs and dishes but more iInpormntly ha.vingto.re-fill my daycare. pool. That takes a lot of water not to mention the time it takes tQ get it set up and take down to empty and clean out the rust. lcheckthe water as itbegills to fill the pool buttbe whale process takes the l:>etter part of 4-5 hours and I can not manitorthe water saUon bygatlon. I would appreciate ~ writtenrespo~ to this before the next billing cycle. ~ '~ e . 4 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Water Board FROM: Lena Larson, Public Works Administrative Assistant SUBJECT: . Financial Report DATE: August 19, 1999 Attached is the Revenues and Expenditures Analysis which was not included in the Water Board Agenda packet for the August 23, 1999 meeting. Respectfully submitted, ~ Lena Larson" Public Works Administrative Assistant ~ ~ ,. . CITY OF FARMINGTON REVENUES AND EXPENDITURES ANALYSIS WATER FUND 7/31/99 1999 BUDGET 1999 ACTUAL OPERATING REVENUES USER FEES 500,000 242,537 WATER PERMITS 15,000 8,525 METER SALES' 25,000 37,538 CUSTOM SERVICE 1,000 TOTAL OPERATING REVENUE 541,000 288,600 NON OPERATING REVENUES WATER AVAILABILITY CHARGES 140,000 94,160 WATER MAIN TRUNK FEES SPECIAL ASSESSMENTS 99,000 71,768 INTEREST 25,000 19,993 MISCELLANEOUS 894 ANTENNA LEASE 11 ,500 14,851 TOTAL NON OPERATING REVENUE 275,500 201,666 TOTAL ALL REVENUE 816,500 490,266 . EXPENDITURES SALARIES 52,542 26,344 . OVERTIME 4,500 1,069 BENEFITS 8,854 3,672 PRINTING & PUBLISHING 2,652 1,106 PROFESSIONAL SERVICES 66,580 24,493 DUES & SUBSCRIPTIONS 515 128 SCHOOLS & CONFERENCES 1,018 TRANSPORTATION COSTS 1,442 570 EQUIPMENT MAl NT/RENT 21,946 BUILDING MAl NT/RENT 10,609 158 UTILITIES 41,754 21,156 SUPPLlESIMETERS 62,951 107,524 MISCELLANEOUS CAPITAL OUTLAY 80,282 15,999 TOTAL EXPENDITURES 355,645 202,219 OTHER FINANCING USES DEBT SERVICE 101,145 50,573 DEPRECIATION TRANSFER FOR ADMINISTRATIVE FEES 26,250 15,313 TRANSFER TO CONSTRUCTION FUND 250,000 500,000 TOTAL OTHER FINANCING USES 377,395 565,886 TOTAL EXPENDITURES & OTHER . FINANCING USES 733,040 768,105 INCREASE (DECREASE) TO RETAINED EARNINGS 83,460 (277 ,839) . .. ~