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HomeMy WebLinkAboutItem 06.pMemorandum To: Mayor and Council From: Dennis Feller, Finance Director Date: January 19, 2010 Re: Site Lease Agreements with Clear Wireless, LLC City of Lakeville Finance Department The City Council Agenda item 6.P. approves Site Lease Agreements with Clear Wireless LLC for Dakota Heights, North Park, Central Maintenance Facility Water Towers and the Cedar Avenue monopole. Clearwire Wireless, LLC is withdrawing their request for approval of a Site Lease Agreement at the Dakota Heights Site. The recommendation therefore is for ...City Council .approval of Site Lease Agreements with Clear Wireless LLC for North Park, Central Maintenance Facility Water Towers and the Cedar Avenue monopole. January 19, 2010 Item No SITE LEASE AGREEMENTS WITH CLEAR WIRELESS, LLC Proposed Action �/O Staff recommends adoption of the following motion: Move to approve the Site Lease Agreements with Clear Wireless LLC for Dakota Heights, North Park, Central Maintenance Facility Water Towers and the Cedar Avenue monopole. Overview Clear Wireless LLC is requesting City Council approval of Site Lease Agreements for the installation of antennas at Dakota Heights, North Park, Central Maintenance Facility Water Towers and the Cedar Avenue monopole. Clearwire is covering cities with super fast internet, so that customers can stream TV, watch movies, play online games and video chat on the go and at home. Primary Issues to Consider •'• Lease Amount (per site) • o $18,500 per year. Increases by 3.5% or CPI -u whichever is greater. o $8,000 for the initial cost of updating antenna inventory map, inspections, pre - construction meetings and final punch list. ❖ Term o Initial term is 10 years with the option to extend the Agreement for three consecutive 5 year terms. Supporting Information • Site Lease Agreement for North Park Water Tower. Agreements for Dakota Heights, Central Maintenance Facility Water Towers and the Cedar Avenue monopole are available for inspection at the office of the City Clerk. ennis Feller, Finance Director Financial Impact: $ N.A. Budgeted: N.A. Source: N.A. Related Documents (CIP, ERP, etc.): Notes: SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (Agreement") is entered into this day of ,200 , between the CITY OF LAKEVILLE, a Minnesota municipal corporation, with offices at 20195 Holyoke Avenue West, Lakeville, Minnesota 55044 ("Landlord"); and CLEAR WIRELESS, LLC, a Nevada limited liability company, with offices at 4400 Carillion point Kirkland, Washington 98033 ("Tenant"). SECTION ONE Property and Premises Subject to the following terms and conditions, Landlord leases to Tenant: space on top of the Landlord's water tower; building space within Landlord's water tower; and nonexclusive rights for ingress, egress and for the placement of cables and utilities (such areas shall be referred to as the "Premises") at Landlord's property located at 17100 Ipava Avenue, Lakeville, MN 55044 (the "Property") in the City of Lakeville. The Property is described on Exhibit "A" and the Premises (including nonexclusive rights for ingress, egress and the placement of cable and utility access areas) are depicted on attached Exhibit "B." The primary purposes of the Landlord's ownership of the Property is to: (a) operate and maintain a municipal water storage tower so as to provide water service to residents of the City of Lakeville; and (b) to provide communication systems to the City of Lakeville. SECTION TWO Use and Description of Equipment A. The Premises shall be used by Tenant solely for the purpose of installing, maintaining and operating radio communications facilities, including, without limitation, utility lines, 148282v05 1 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100 Ipava Avenue transmission lines, electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Tenant Facilities") provided such use is not inconsistent with the Landlord's use of the Property. The Tenant Facilities to be utilized in connection with such use is described on Exhibit "C" attached hereto. The design and color of the antennae, waveguide and other external equipment shall be subject to the Landlord's approval, which shall not be unreasonably withheld or delayed. Tenant may make routine repairs, modifications, replacements, upgrades and alterations to the Tenant Facilities as Tenant deems appropriate. Tenant shall obtain Landlord's prior written approval (which shall not be unreasonably withheld or delayed) before making any visible material upgrades, modifications, alterations or additions to the antenna, waveguide or other external equipment, excepting like kind replacement. Upon at least forty five (45) days notice from Landlord, Tenant, at its sole cost and expense, shall make any necessary arrangements to assist and protect the Landlord and its contractors during any scheduled maintenance and painting procedure on or in the leased area. Tenant agrees to allow their antennas to be cleaned and/or painted by Landlord or its contractors in order to match the exterior color of the water tower. Should Landlord and Tenant agree that the scheduled maintenance or painting of the water tower will prevent Tenant from temporarily using the water tower as Tenant's communications facility, Tenant, at its sole cost and expense, 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. Tenant shall mark all their permanent coaxial cable in the water tower with a tag legibly stating their company's name along with a service phone number before and after it penetrates any real surface. B. Pursuant to Tenant's regulatory communication licenses and subject to the terms of this Agreement, Tenant may have use of the Premises for the transmission and reception of radio 148282v05 2 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue communication signals in the frequencies permitted by the Federal Communication Commission for communications broadcasting; for the construction, operation and maintenance of related facilities, equipment, antennae, including the right to periodically change antenna types, mounting locations and azimuths; and for related activities. The use of the Premises by Tenant under this Agreement shall at all times be in accordance with the Technical Minimum Site Standards as described on Exhibit "D." Subject to the terms herein, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Premises (the "Governmental Approvals"). In addition, as long as the foregoing activities do not interfere with the Landlord's or a pre-existing tenant's use of the Property and provided seven (7) days advance written notice is sent to Landlord (such notice to include a description of the type of work to be performed), Landlord agrees to allow Tenant to perform, at Tenant's own expense, surveys, soil testing and other engineering procedures on, under, and over the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design and Governmental Approvals. C. Tenant shall provide Landlord a cash amount of Eight Thousand dollars ($8,000.00) prior to beginning construction to pay for costs associated with updating antenna inventory map, inspections, pre -construction meetings, and final punch list. D. Tenant shall be allowed reasonable access to the Premises twenty-four (24) hours a day, 365 days a year for the use of the Premises in compliance with this Agreement. 148282v05 3 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue SECTION THREE Term The term of this Agreement shall be ten (10) years ("Initial Term"), commencing on the date Tenant begins construction of the Tenant Facilities, or March 1, 2010, whichever occurs first (the "Commencement Date"). Unless Landlord timely objects, Landlord shall have the right to extend this Agreement beyond the Initial Term for three (3) additional five (5) year terms ('Renewal Term" or "Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein except for the amount of Rent, which shall be determined in accordance with Article Four below. This Agreement shall automatically renew and extend for three consecutive five (5) year Renewal Term unless either the Landlord or the Tenant notifies the other party in writing of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. In such case, this Agreement shall be terminated effective on the date of the expiration of the Initial Term or the current Renewal Term, as the case may be. SECTION FOUR Rent The annual rent is $18,500. Within fifteen (15) days of the Commencement Date and on the annual anniversary date of the Commencement Date ("Anniversary Date") of the Initial Term and any Renewal Terms, Tenant shall pay to Landlord the annual rent in advance. The annual Rent shall increase by three and one-half percent (3.5%) or by the increase in the Consumer price index for all Urban Consumers (CPI -U) published by the bureau of Labor Statistics whichever is greater annually on each anniversary of the Commencement Date. The City shall calculate the CPI -U increase. Rent not paid and received by Landlord when due shall be subject to a five 148282v05 4. LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue percent (5%) late fee and shall allow Landlord the option to terminate this Agreement upon thirty (30) days written notice from Landlord to Tenant. Rent for any fractional month at the beginning or at the end of the Initial Term or a Renewal Term shall be prorated. SECTION FIVE Interference Tenant's installation, operation, and maintenance of its Tenant Facilities shall not damage or interfere with Landlord's water tower operations and shall not interfere with Landlord's municipal communication system located on the Property or other tenants located on the Premises. Landlord agrees to give reasonable advance notice of any repair or maintenance activities related to water tower operations to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference to Tenant's transmission operations. Landlord shall not permit its lessees, invitees or agents to use any portion of the Property in any way which materially interferes with the operations of Tenant. Such interference shall be deemed a material breach by Landlord, and Landlord shall have the responsibility to correct said interference. Tenant understands and agrees that Tenant's use of the Property is non-exclusive and Landlord shall maintain the right to contract with other communication systems users to operate communication equipment on the Property. Such use by other users shall not cause material physical or frequency interference to Tenant's operation or equipment at the Premises. It shall be the obligation of Tenant not to cause interference to other tenants occupying the other portions of the Property prior to the execution date of this Agreement (chronological priority for frequency protection rights) provided that the installations of other tenant's 148282v05 5 LKVL:North Park Water Tower RNK:rOI/05/2010 Located at 17100 Ipava Avenue equipment and facilities predate the installation of the Tenant Facilities. In the event the Landlord, Tenant or any other tenant of Landlord experiences frequency interference, Landlord shall notify each tenant of such interference (including Tenant), and will work with all tenants to resolve the interference. All parties involved in the frequency interference shall, at their own expense, engage the services of a communications engineering firm to conduct frequency interference analyses. If the suspected interference cannot be resolved by the parties involved in such interference after consultation with their respective engineers, then the respective engineers shall select an engineering firm to act as a final mediator to resolve the frequency interference. The parties shall comply with the mediator's findings. Priority shall be given to the tenant with the longest tenure at the Property. SECTION SIX Improvement; Utilities; Access A. Tenant shall have the right, at Tenant's expense, to erect and maintain on the Premises the equipment listed on Exhibit "C." Tenant shall not erect and maintain any additional items or equipment on the Premises, except for like kind replacement, without the prior written consent of the Landlord. B. Tenant shall have the right at their expense and Landlord's approval to install utilities on the Premises in order to operate the facilities described in this Agreement. Tenant shall at its own expense arrange for separate metering of utility services that must be read from outside the surrounding fence. Tenant shall at its own expense arrange for the relocation of any utilities. Tenant shall pay for all utility services it consumes in its operations. C. Background checks shall be completed on all individuals who request access to any of the water system facilities, reservoir, wells or other public works facility located within the 148282v05 ( LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue Property ("Facilities" or "Facility"). Background checks performed by the Tenant requesting access for its employees cannot be used in substitution of Landlord's background check. Landlord reserves the right to refuse access to any Facility located within or about the Property based on the results of the background check. Landlord will update the background checks annually. The following guidelines represent the procedures, duties and responsibilities of Landlord and Tenant with respect to access to the Property or Premises: i. Background Checks. Individuals, groups, and companies requesting access to the Premises on behalf of Tenant shall submit the name of the Tenant and other pertinent information regarding the access request to Landlord's Operations and Maintenance Department as set forth below. Information must be received sufficiently in advance of the visit to the Premises to allow for the completion of a background check. The Landlord's Operations and Maintenance Department will provide the information to the Lakeville Police Department who will complete the background check. The Police Department will return the results of the background check to the Operations and Maintenance Department for review and disposition. Information provided to the Landlord concerning background checks will be maintained on file for one year. ii. Procedures. All individuals must present appropriate state, federal, or company issued photo identification before access is granted to the Premises. All individuals, regardless of the status of the background check, will be escorted by Landlord personnel when working within the Facilities. Individuals with approved background checks will be allowed 148282x05 7 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100 Ipava Avenue to work within the Premises unescorted, subject to escort requirements for work within Facility areas. Individuals without approved background checks will be escorted while they are working in or around the Premises. Tenant shall contact the Landlord's Utility Department at 952-985-4540 from 7:30 a.m. - 4:00 p.m. central time Monday through Friday or the Landlord's Police Department at 952-985-4800 at all other times to obtain access to the Premises. iii. Tenant Charges for Access. In the event the Landlord's Operations and Maintenance Department is required to escort an individual, the Tenant will be billed by Landlord for costs and expenses incurred by the Landlord in dispatching employees to the Premises. In the event the Landlord's personnel is called out after regular City business hours as set forth above or on City holidays, to provide access to the Premises, charges for the callout will be billed to the Tenant. SECTION SEVEN Tnrmino+inr. A. This Agreement may be terminated upon thirty (30) days written notice from Landlord to Tenant in the event Rent is not paid by Tenant on or before the annual Anniversary Date of each year during the Initial Term or any Renewal Term, as applicable. B. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, following sixty (60) days written notice as follows: (1) by either party upon a material default of any covenant or term hereof (except for the payment of Rent) by the other party, which default is not cured within sixty (60) days of receipt of written notice of 148282v05 8 LKVL:North Park Water Tower RNK-rO 1/05/2010 Located at 17100Ipava Avenue default unless such default may not reasonably be cured within a sixty (60) day period, in which case, this Agreement may not be terminated if the defaulting party commences action to cure the default with such sixty (60) day period and proceeds with due diligence to fully cure the default and thereafter cures the default (without, however, limiting any other rights available to the parties at law, in equity, or pursuant to any other provisions hereof); (2) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental agency approval necessary to the construction and/or operation of the Tenant Facilities or Tenant's business; (3) by Tenant if the Premises are or become unacceptable under the Tenant's design or engineering specifications for the communication system network to which the Tenant Facilities belong; (4) by Landlord if the Landlord in its sole discretion decides to sell the property or to discontinue use of the property for a water tower C. If this Agreement is terminated, Rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant within ninety (90) days of said termination. D. Upon termination, Tenant shall promptly remove the Tenant Facilities at Tenant's cost and expense. SECTION EIGHT Taxes Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Tenant Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. Notwithstanding the foregoing, Tenant shall pay any increase in real property taxes levied against the Premises for the period from the 148282x05 9 LKVL:North Park Water Tower RNK.r01/05/2010 Located at 17100Ipava Avenue Commencement Date through to termination of this Agreement that is directly attributable to Tenant's use of the Premises. Landlord agrees to furnish proof of such increase to Tenant. SECTION NINE Insurance A. Tenant shall maintain commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of use of the Premises by Tenant with combined single limits of not less than Two Million and No/100 Dollars ($2,000,000.00), and Landlord will be named as an additional insured under such policy. Tenant shall also maintain fire and extended coverage insurance insuring Tenant's personal property for its full insurable value (subject to reasonable deductibles). Each policy shall contain a provision notifying Landlord of intent to cancel thirty (30) days prior to such cancellation. Tenant shall provide Landlord Certificate of Insurance in a form acceptable to the Landlord. B. Tenant and its contractors shall provide Landlord with proof of workers' compensation insurance covering all of Tenant's and its contractors' respective employees who access the Premises in accordance with state law. SECTION TEN Destruction of Premises If the Premises are destroyed or damaged so as to reasonably hinder the Tenant's effective use of the Premises, either Landlord or Tenant may elect to terminate this Agreement effective as of the date of the damage or destruction by notifying the other party not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties under this Agreement 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. Notwithstanding anything 148282v05 10 LKVL:North Park Water Tower RNK:r01/0512010 Located at 17100 Ipava Avenue to the contrary herein, this Section 10 shall not require Landlord to rebuild or repair the Premises upon damage or destruction. SECTION ELEVEN Condemnation If a condemning authority takes all of the Property, or a portion sufficient, in the Tenant's determination, to render the Premises unsuitable for the use which Tenant was then making of the Premises, this Agreement shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interest in the Premises. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. SECTION TWELVE 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 or by nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for their purposes by providing written notice to the other party. If to Landlord City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: 952-985-4400 Fax: 952-985-4409 148282v05 11 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100 Ipava Avenue If to Tenant: Clear Wireless, LLC Attention: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 Email: siteleasing@clearwire.com With a copy to: Clear Wireless, LLC Attention: Legal Department 4400 Carillon Point Kirkland, WA 98033 Telephone: 425-216-7600 Fax: 425-216-7900 SECTION THIRTEEN Title and Quiet Enioyment A. Landlord warrants that: (i) it has full right, power, and authority to execute this Agreement; (ii) it has good and unencumbered title to the Premises free and clear of any liens or mortgages; (iii) the Premises constitute a legal lot that may be leased without the need for any subdivision or platting approval; and (iv) the Premises are in compliance with all building, life/safety, and other laws of any governmental or quasi governmental authority. Tenant, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Premises. Landlord shall not cause or permit any use of the Property or the Premises that interferes with or impairs the quality of the communication services being rendered by Tenant from the Premises. Notwithstanding the foregoing, Tenant acknowledges that Landlord will need to perform maintenance activities on the Property including painting and repairs of the water tower. Tenant agrees to cooperate with Landlord in order to allow such work to be completed in a timely and efficient manner as well as ensure continuous operation of the Tenant Facilities. If it is necessary for the Tenant Facilities to be relocated during maintenance of the water tower, 148282v05 12 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100 Ipava Avenue Landlord agrees to allow Tenant, at Tenant expense, to relocate portions of the Tenant Facilities, primarily antennas and coaxial lines, to another location on the water tower or to a temporary tower facility on the Property for the duration of the repairs. B. Notwithstanding any other provision in this Agreement to the contrary, Tenant acknowledges that Landlord makes no warranties, express or implied with respect to: i. Tenant's ability to expand its operations on the Premises beyond what is depicted on the exhibits attached hereto. SECTION FOURTEEN Hazardous Substances Tenant shall hold Landlord harmless from and indemnify Landlord against any damage, loss, expense, response costs, or liability, including consultant fees and attorney's fees resulting from the presence of hazardous substances on, under or around the Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Property if the hazardous substances were generated, stored, disposed of, or transported by Tenant or its employees agents or contractors. Landlord represents and warrants that to the best of Landlord's knowledge, no hazardous materials exist on the Leased Premises. Neither party shall be liable for any claims, losses or liabilities caused or permitted by the other party. SECTION FIFTEEN Indemnity Tenant shall indemnify Landlord and hold Landlord harmless from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligation, liabilities and liens which arise out of (a) the breach of this Agreement by Tenant; and (b) the use and/or occupancy of the Property, or the Premises, by Tenant. This indemnity shall not apply to 148282v05 13 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100 Ipava Avenue any claims, actions, damages, obligations, liabilities and liens arising from any negligent or intentional misconduct of Landlord, its employees, agents or contractors, and shall survive the termination of this Agreement. SECTION SIXTEEN Assignment Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. SECTION SEVENTEEN Binding Effect: Successors and Assigns This Agreement shall run with the Property. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, and assigns. 148282v05 14 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue SECTION EIGHTEEN Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. SECTION NINETEEN Miscellaneous A. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. B. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Agreement must be in writing and executed by both parties. C. If either party is represented by a real estate broker in this transactions, that party shall be full responsible for any fee due such broker, and shall hold the other party harmless from an claims for commission by such broker. D. This Agreement shall be construed in accordance with the laws of the State of Minnesota. E. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of the Agreement, which shall continue in full force and effect. F. Tenant may obtain title insurance on its leasehold interest in the Property. 148282x05 15 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue G. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. LANDLORD: CITY OF LAKEVILLE, a Minnesota municipal corporation ME Holly Dahl, Mayor Charlene Friedges, City Clerk TENANT: CLEAR WIRELESS, LLC M. Exhibit "A": Description of the "Property" Exhibit "B": Description of the "Premises" Exhibit "C": Description of "Tenant Facilities" Exhibit "D" Technical Minimum Site Standards 148282v05 16 RNK:r01 /05/2010 Its: LKVL:North Park Water Tower Located at 17100 Ipava Avenue STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 200_, by HOLLY DAHL and by CHARLENE FRIEDGES, respectively, the Mayor and City Clerk of the CITY OF LAKEVILLE, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by , the of CLEAR WIRELESS, LLC, a Nevada limited liability company, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK 148282v05 17 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue EXHIBIT "A" to SITE LEASE AGREEMENT DESCRIPTION OF PROPERTY 148282v05 ] g LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue EXHIBIT "B" to SITE LEASE AGREEMENT DESCRIPTION OF PREMISES 148282v05 19 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue EXHIBIT "C" to SITE LEASE AGREEMENT DESCRIPTION OF TENANT FACILITIES 148282v05 20 LKVL:North Park Water Tower RNK:r01/05/2010 , Located at 17100 Ipava Avenue EXHIBIT "D" to SITE LEASE AGREEMENT TECHNICAL MINIMUM SITE STANDARDS All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk -top base stations and open racks cannot be used without special approval; additional shielding kits may be required. 2. At least 60 db of isolation for 450 MHZ, 800 MHZ, 900 MHZ and 1800 — 2000 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided; a harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis; additional protective devices may be required.) 4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or t/2 inch Superflex. RG/8 or any other single shielded cable will not be allowed. 5. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be permitted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodulation product at the site, will not be permitted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MHA band: 50 db at 1 MHZ 150 MHZ band: 50 db at 1.5 MHZ 450 MHZ band: 50 db at 2.5 MHZ 800/900 MHZ band: 50 db at 10 MHZ 1800/1900 MHz Microwave PCS: 50 db at 20 MHZ 7. Each cabinet must be identified by the owner's name, address and FCC station license; it also must have the name and telephone number of the responsible service agency. 8. Prior to approving any application for antenna space at the site, an engineering study will be conducted by the Engineer for the City of Lakeville, consisting of at least the following items: 148282v05 21 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 171001pava Avenue a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the area at time of application. (Study will include 2nd, 3rd and 5th order IM terms, and A + B — C, three -product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. 148282v05 22 LKVL:North Park Water Tower RNK:r01/05/2010 Located at 17100Ipava Avenue