HomeMy WebLinkAboutItem 06.fJune 21, 2010
Item No. f
SITE LEASE AGREEMENTS WITH TTM OPERATING CORPORATION FOR THE
FAIRFIELD WATER TOWER
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Site Lease Agreement
with TTM Operating Corporation for the Fairfield Water Tower.
Approval of the motion will result in a Site Lease Agreement with TTM Operating Corporation
at the Fairfield Water Tower.
Overview
TTM Operating Corporation is proposing to lease 25 square feet of ground space at the Fairfield
(McStop) Water Tower site.. TTM is a communications company that provides high speed fiber
optic services to cellular towers. This request does not include any antennas or any attachments
to the water tower. Diagrams depicting the location of the lease area and fiber location is
attached as an exhibit to the Lease.
Primary Issues to Consider
•'• Lease Amount
• o $3,750 per year. Increases by 3.0% per year or CPI -u whichever is greater.
❖ Term
o Initial term is 3 years with the option to extend the Agreement for four
consecutive 3 year terms.
Supporting Information
• Site Lease Agreement.
De is el mance Director
Financial Impact: $ 3,750/yr Budgeted: N.A. Source: Water Truck Fund
Related Documents (CIP, ERP, etc.):
Notes:
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease") is effective June 212010, and is
between the CITY OF LAKEVILLE, a Minnesota municipal corporation, with offices at 20195
Holyoke Avenue West, Lakeville, Minnesota 55044 (hereinafter called "City"), and TTM
OPERATING CORPORATION, INC., a Nevada corporation, with an address of 146 North
Canal Street, Suite 210, Seattle, WA 98103 (hereinafter called "Tenant").
SECTION ONE
Leased Premises
City hereby leases to Tenant, and Tenant hereby leases from City, ground space
measuring approximately 5 feet by 5 feet in area (25 square feet) on the City's property located at
20921 Kenrick Avenue/11075 210`" Street, Lakeville, Minnesota, more particularly described in
Exhibit A attached hereto and made a part hereof, together with a non-exclusive right for ingress
and egress and utilities to the nearest public right-of-way, (referred to herein as the "Leased
Premises" or the "Site"), for the use by Tenant to install certain communications facilities (the
Facilities") which are described in Exhibit B attached hereto.. The City may require Tenant to
relocate Tenant's fiber optic cable at Tenant's expense if the fiber optic cable interferes with the
City's use or planned use of the location of the fiber optic cable.
SECTION TWO
Term
The term of this Agreement shall be 3 years ("Initial Term"), commencing on the date
Tenant begins construction of the Tenant Facilities, or one hundred and twenty (120) days after
full execution of this Agreement, whichever occurs first (the "Commencement Date"). Unless
15200103
RNK:r05/26/2010
City timely objects, City shall have the right to extend this Agreement beyond the Initial Term
for four (4) additional three (3) 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 Section Five below. This
Agreement shall automatically renew and extend for four (4)cousecutive three (3) year Renewal
Term unless either the City 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 THREE
Termination
A. This Agreement may be terminated upon thirty (30) days written notice from City 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 parry
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
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 within 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 City if the City in
15200103
RNK:r05/26/2010
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.
SECTION FOUR
Removal of Equipment and Security Deposit
Within thirty (30) days of expiration, cancellation or termination of this Lease, Tenant shall
remove all of its equipment and personal property from the Site and restore the Site to the same
condition as originally delivered by the City, ordinary wear and tear excepted. Upon execution of
this Lease, Tenant shall deposit with City and shall maintain at all times a security deposit as
provided in this Lease. In the event Tenant fails to timely remove its equipment and personal
property and timely return the Site to its original condition as required hereunder, the City may,
without further notice, take all reasonable action to restore the Site and be reimbursed for the
cost thereof from the security deposit described above, and shall have no responsibility to store,
protect, maintain, or preserve the Tenant's equipment or any personal property that Tenant has
failed to timely remove. The City shall not be liable to Tenant for any damage to Tenant's
property caused by such removal, and Tenant shall hold the City harmless from any claims by a
third party for damage to the equipment claimed to be incurred by reason of the City's removal of
said equipment. It is understood that no interest on said security will be paid by City to Tenant
except to the extent required by law. The provisions of this section shall not limit the rights of
City to recover damages for the breach of any term or condition of this Lease, and City may
pursue all of its remedies at law or equity under this Lease.
152001v03 3
RNK:r05/26/2010
SECTION FIVE
Base Rent
Base Rent shall be paid by Tenant to the City. The annual rent is $3,750 (three thousand
seven hundred fifty dollars). 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 City the annual rent in advance. The annual Rent
shall increase by 3 percent (3.0%) 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 City when due shall be subject to a five percent (5%) late fee and shall
allow City the option to terminate this Agreement upon thirty (30) days written notice from City
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 SIX
Additional Rent
In addition to Base Rent, Tenant shall pay Additional Rent to the City on the dates and in
the amounts shown in the following schedule:
A. On the Commencement Date an Initial Review Fee ($350) for initial review of the
site plans, installation inspection fees and legal expenses incurred by City for negotiation and
drafting of this Agreement.
15200103
RNK:r05/26/2010
B. Tenant shall promptly reimburse to City its costs for subsequent engineering, legal or
staff reviews as the City may from time to time reasonably incur as a result of Tenant's activities
and proposed activities on the Site as required by section i LB of this Agreement.
SECTION SEVEN
Payment of Rent and Additional Rent
All Rent and Additional Rent shall be payable to the City at the following address:
20195 Holyoke Avenue, Lakeville, MN 55044; Attention: Finance Director.
SECTION EIGHT
Limitation on Eaub3ment
The equipment and personal property allowed to be installed at the Site under this Lease
shall be limited to that equipment and personal property described on Exhibit B of this Lease,
together with any necessary accessories, intended use of the Site by Tenant.
SECTION NINE
Governmental Approval Contingeney
Tenant's right to use the Leased 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.
152001x03
RNKA5/26/2010
SECTION TEN
User Priority
Tenant agrees that the following priorities of uses that exist at the Site as of the date
Tenant signs this Lease, in descending order, shall apply in the event of communications
interference or other communications conflict to eliminate the interference or conflict while this
Lease is in effect. Tenant's use shall be subordinated to the existing use of any entity having
priority over Tenant identified below; provided that such entities having priority operate within
assigned frequencies and in compliance with applicable law:
(1) City functions;
(2) Public safety agencies, including law enforcement, fire, and ambulance services, that
are not part of the City;
(3) Other governmental agencies where use is not related to public safety; and
(4) Tenant and other government -regulated entities whose antennae offer a service to the
general public for a fee, in -a manner similar to a public utility, such as long distance
and cellular telephone, including any other party using radio equipment; provided
the priority among entities described in the subpart (4) shall be on the basis of the
entity's first date of operation at the Site.
If the Tenant's activities cause interference with higher priority users` uses existing as of
the date Tenant signs this Lease, Tenant shall take all reasonable measures necessary to correct
and eliminate the interference. If the interference cannot be eliminated within ten (10) business
days after receiving City's written notice of the interference, Tenant shall immediately cease the
use and operation of its equipment on the Leased Premises and shall not recommence its
operations, except intermittent operation for the purpose of testing, until the interference has
152001v03
RNK:r05/26/2010
been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant
received City's written notice, Tenant may, at its option, terminate this Lease immediately.
SECTION ELEVEN
Use
A. Use. Tenant acknowledges that it has not relied on any representations of the City
about the suitability of the Site for Tenant's use and operation of the equipment. Tenant may use
the Site for the installation, maintenance, replacement, upgrading, testing, removal and operation
of the Equipment as described herein.
B. Replacements. Before the Tenant may update, modify, or replace its equipment
located on any City Structure other than as provided for in the initial construction drawings
attached as Exhibit B, Tenant shall request and obtain the approval of the City and shall provide
to the City detailed plans and specifications for such updates, modifications or replacement,
together with any other information reasonably requested by City, which approval shall not be
unreasonably withheld conditioned or delayed, Tenant shall promptly pay to City as Additional
Rent pursuant to section 6b of this Agreement all additional expenses incurred by the City as a
result of any update, modification or replacement of Tenant's equipment, including but not
necessarily limited to reasonable expenses for plan review, inspection and legal fees.
C. Operation and Equipment. Tenant shall install, maintain, replace, remove and operate
the equipment in accordance with all applicable laws and regulations, and in accordance with all
City ordinances and FCC technical standards. Tenant shall operate the equipment in accordance
with all applicable FCC technical standards and good communication engineering practices. It is
further agreed that City in no way guarantees to Tenant non-interference for the operation of
Tenant's equipment except as provided herein. All modifications to the Leased Premises and all
15200103 7
RNK:r05/26/2010
improvements, made for Tenant's benefit, shall be at the Tenant's expense and such
improvements, including facilities and equipment, shall be maintained in a good state of repair.
SECTION TWELVE
Installation and Maintenance of Tenant Eauiument
Tenant shall install and maintain all equipment and personal property at its sole cost and
expense, and upon removal of the equipment, Tenant shall repair the Site and return it to its
condition at the time of commencement of this Lease, ordinary wear and tear excepted. The
parties agree that the Tenant's equipment and personal property placed on the Site during the
term of this Lease shall remain the property of the Tenant.
SECTION THIRTEEN
Utility Service
All utility services provided to the Site, including but not limited to telephone service,
electricity, water, waste removal and gas, shall be at Tenant's sole expense. The City shall not be
responsible for any damages due to the interruption of utility service except for its intentional
acts or negligence. City will cooperate with any utility company or other qualified entity
requesting access to the Site to provide utility service to the Tenant.
SECTION FOURTEEN
Access
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 Property
or Leased Premises ("Facilities" or "Facility"). Background checks performed by the Tenant
requesting access for its employees cannot be used in substitution of City's background check.
152001v03
RNKA5/26/2010
City reserves the right to refuse access to any Facility located within or about the Property based
on the results of the background check.. City will update the background checks annually. The
following are the procedures, duties and responsibilities of City and Tenant with respect to
access to the Property or Leased Premises:
i. Background Checks. Individuals, groups, and companies requesting access to
the Facility on behalf of Tenant shall submit the name of the Tenant and other
pertinent information regarding the access request to City's Operations and
Maintenance Department as set forth below. Information must be received
sufficiently in advance of the visit to the Facility to allow for the completion of
a background check. The City'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 City 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 Leased
Premises. All individuals, regardless of the status of the background check,
will be escorted by City personnel when working within the Facilities.
Individuals with approved background checks will be allowed to work within
the Leased 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 Leased Premises. Tenant
152001vo3
RNK;r05/26/2010
shall contact the City's Utility Department at 952-985-4540 from 7:30 a.m. -
4:00 p.m. central time Monday through Friday or the City's Police Department
at 952-985-4800 at all other times to obtain access to the Leased Premises.
iii. Tenant Access.
• Tenant shall be issued one (1) key for the Site and shall not duplicate
and/or copy the key. If the key is lost, all costs associated with re -keying
the locks and re -issuing keys shall be charged to Tenant, a minimum fee of
$500 shall be charged to Tenant should this occur.
152001x03 10
RNK:r05/26/2010
• If Tenant wishes to access the Site, it must first notify the City of
Lakeville Utilities Superintendent and Utilities Supervisor via email no
less than one (1) hour prior to its desired arrival time at the Site. If Tenant
does not notify the required City staff, a $100.00 fee per occurrence will
be charged to Tenant as it is imperative that the City is aware of who is
accessing the Site at all times.
• Tenant is responsible for securing the Site when it leaves the Site. If Site
isnot secured when the Tenant leaves and City staff needs to respond to
secure the Site, a $250.00 fee plus all applicable labor costs for securing
the Site will be charged to Tenant.
• Tenant is responsible for disabling the intrusion alarm upon entering Site.
If the intrusion alarm is activated and City staff is required to respond, a
$100.00 fee plus all applicable labor costs for disabling the intrusion alarm
will be charged to Tenant.
• If City staff is required to assist Tenant for any other reason at the Site, a
$100.00 fee plus all applicable labor costs for traveling to the Site and
assisting Tenant will be charged to the Tenant.
SECTION FIFTEEN
Indemnification
Tenant shall indemnify City and hold City and all of City's officers, employees, agents,
and representatives 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
152001v03 11
RNK:r05/26/2010
Leased Premises, by Tenant. This indemnity shall not apply to any claims, actions, damages,
obligations, liabilities and liens arising from any negligent or intentional misconduct of City, its
employees, agents or contractors, and shall survive the termination of this Agreement.
SECTION SIXTEEN
Insurance
Tenant shall maintain the following insurance during the entire term of this Lease:
A. Workers 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 $1,000,000 bodily injury limits for each accident
or bodily injury by disease, each employee.
B. General Liability. The Tenant must maintain an occurrence form comprehensive
general liability coverage. Such coverage shall include, but not be limited to, bodily injury,
property damage -- broad form, and personal injury, for the hazards of Leased
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 $2,000,000 each occurrence; $2,000,000 general aggregate, and
$2,000,000 products and completed operations aggregate. These limits may be satisfied by the
use of an umbrella or excess liability policy in addition to the underlying policies. 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
15200103 12
RNKA5/26/2010
Liability in the amount of $1,000,000 per accident. Coverage shall be provided far Bodily Injury
and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned
and hired automobiles.
D. Tenant Property Insurance. The Tenant must keep in force for the duration of the
Lease a policy covering damages to Tenant Facilities at the Leased Premises caused by a
casualty loss. The amount of coverage shall be sufficient to replace the damaged property and
loss of use and comply with any ordinance or law requirements.
E. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to
commencement of the Lease and at the time of the commencement of each Renewal Term,
evidence of the required insurance in the form of a Certificate of Insurance issued by a company
authorized to do business in the State of Minnesota, such insurance company to be reasonably
acceptable to City, which includes all coverages required by this Lease, and as may be required
by law. City shall be named as an Additional Insured on the General Liability and Commercial
Automobile Liability policies. The Certificate shall also provide that the coverage may not be
cancelled unless thirty (3 0) days' prior written notice is provided to the City by the insurer.
Tenant shall provide a current updated certificate to the City at any time requested by the City.
F. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein in the
policies of insurance required to be provided by Tenant may be required to be increased, at City's
reasonable discretion, at the time of the commencement of any Renewal Term, so that the
reasonably increased coverage limits take into account inflation of the value of the insured
property or changes in law.
152001v03 13
RNK:r05/26/2010
SECTION SEVENTEEN
Destruction of Leased Premises
If the Leased Premises are destroyed or damaged so as to reasonably hinder the Tenant's
effective use of the Leased Premises, either City 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
to the contrary herein, this shall not require City to repair or rebuild the Leased Premises upon
damage or destruction.
SECTION EIGHTEEN
Condemnation
In the event City receives notification of any condemnation proceedings affecting the
Site, City will promptly provide notice of the proceeding to Tenant. If a condemning authority
takes all of the Site, or a portion sufficient, in Tenant's sole determination, to render the Leased
Premises unsuitable for Tenant, this Lease will terminate as of the date the title vests in the
condemning authority.
SECTION NINETEEN
Successors or Assigns
All of the terms, covenants, obligations and conditions hereof shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto. Except as provided
otherwise in this Lease, Tenant shall not sell, assign, sublet or sublicense any interest hereunder
without the prior written consent of City however, Tenant may assign its interest to its parent
15200103 14
RNK:r05/26/2010
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. Notwithstanding the foregoing, no such assignment
shall relieve Tenant of its obligations hereunder unless the assignment has been approved in
advance by City in writing.
SECTION TWENTY
Notices
Any notice required or permitted by this Lease shall be deemed validly given if sent by
certified mail, courier, overnight delivery or acknowledged facsimile, addressed as follows:
TO CITY: City of Lakeville
Attn: Utility Superintendent
20195 Holyoke Avenue
Lakeville, MN 55044
TO TENANT: Telecom Transport Management, Inc.
146 N. Canal St.
Suite 210
Seattle, WA 98103
Attn: Bill Buck
with a copy to: Telecom Transport Management, Inc.
146 N. Canal St.
Suite 210
Seattle, WA 98103
Attn: Lease Administrator
SECTION TWENTY-ONE
Security Interest-, Consent and Acknowledtement
Tenant may collaterally assign its interest in the Lease and the equipment to secure
Tenant's indebtedness to one or more lenders. City agrees that any lien that it may have on the
Lease or the equipment shall be subordinated to the security interests of such lender. City
15200103 15
RNK:r05/26/2010
covenants and agrees that no part of Tenant's communication facility or the equipment
constructed, erected or placed on the Site by Tenant will become, or be considered as being
affixed to or a part of the Site, it being the specific intention of the City that all improvements of
every kind and nature constructed, erected or placed by Tenant on the Site will be and remain the
property of the Tenant and may be removed by Tenant at any time during the term of this Lease.
SECTION TWENTY-TWO
Hazardous Substances
Tenant shall hold City harmless from and indemnify City 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. City represents and warrants that to the best of
City'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 TWENTY-THREE
Liens
Tenant shall not permit the placement of mechanic's liens and other liens (except security
interests held by lenders as may be provided elsewhere in this Lease) arising out of or in
connection with the installation, removal, replacement, maintenance and operation of the
equipment on the Site or otherwise on account of any action taken by or on behalf of Tenant.
Tenant shall indemnify, defend and hold City harmless from and against any claims relating
152001x03 16
RNK:r05/26/2010
thereto, including any attorney fees the City may incur as a result of the defense against such
liens.
SECTION TWENTY-FOUR
Taxes
Tenant shall pay all taxes of whatever nature levied on the Equipment or the ownership
or use thereof by Tenant, and Tenant shall pay any taxes or other charges imposed upon the
Leased Premises by any governmental agency as a result of this Lease or other payments
required herein, which are directly attributable to the improvements constructed by Tenant. City
shall provide to Tenant a copy of any notice, assessment or billing relating to real estate taxes for
which Tenant is responsible under this Lease within ten (10) days of receipt of the same by City.
Tenant shall have no obligation to make payment of any real estate taxes until Tenant has
received the notice, assessment or billing relating to such payment as set forth in the preceding
sentence.
Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any real estate tax assessment or billing for which Tenant is
responsible under this Lease. City shall reasonably cooperate with Tenant in filing, prosecuting
and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence,
including but not limited to, executing any consent to appeal or other similar document.
SECTION TWENTY-FIVE
Security Deposit
At the time of signing of this lease agreement by Tenant, Tenant shall deposit with City
and shall maintain at all times on deposit with City the sum of Three Thousand Three Hundred
dollars ($3,300.00) as security for the faithful performance by Tenant of every term and
15200103 17
RNK:r05/26/2010
condition of this Lease, it being expressly understood and agreed that Tenant may not direct City
to apply said security in payment of rent for any month during the lease term, or any other
Tenant obligation. It is further understood that in the event the deposit is insufficient to pay for
any such obligation, Tenant shall immediately, upon demand by City, pay to City such additional
sums as shall be necessary to pay for such obligations. If City applies any part of the deposit to
pay such obligations, it shall, at City's option, be a condition of the continuation of this Lease
that the deposit amount be fully replenished by Tenant. City may use funds from the security
deposit for the cost of final inspection and, if there shall be a breach or default by Tenant in
respect of any term of this Lease, City may use all or any part of the security to perform same for
the account of Tenant, or for any damages resulting from Tenant's breach or default, whether
such damages or default occur before or after re-entry by City. City shall not be required to so
use, apply or retain the whole or any part of said security nor shall the provisions of this section
limit the rights of City to recover damages for the breach of any term or condition of this Lease,
and City may pursue all of its remedies at law or equity under this lease agreement. If Tenant
shall fully and faithfully comply with all of the provisions of this Lease, including the surrender
of possession of the Site at the termination of this Lease, then said security or any balance
thereof shall be repaid to Tenant within a reasonable time after such surrender. It is understood
that no interest on said security will be paid by City to Tenant except to the extent required by
law. If City withdraws any sums from the security deposit on account of any breach or default by
Tenant, and such breach or default does not result in a termination of this Lease, then Tenant
shall immediately replenish the deposit in the amount of the withdrawn sums
15200103 18
RNK:r05/26/2010
SECTION TWENTY-SIX
Miscellaneous
A. Authority. Each undersigned representative of the parties hereby represents that he or
she has the authority of the party to sign this Lease. City shall not be bound to the terms of this
Lease until it has been approved by the Lakeville City Council. City covenants that City is seized
of good and sufficient title and interest to the Site. City further covenants that there are no other
liens, judgments or impediments of title on the Site, or affecting City's title to the same, and that
there are no covenants, easements or restrictions which prevent the use of the Leased Premises
by the Tenant as set forth above. City covenants that Tenant, on paying the rent and performing
the covenants shall peaceably and quietly have, hold and enjoy the Leased Premises.
B. Complete Agreement; Amendment. This Lease represents the entire agreement
between the parties, and supersedes all other offers, negotiations, and agreements of any kind,
and cannot be amended except in writing signed by both parties. No waiver of any provision of
this Lease shall constitute a waiver of any other provision of this Lease or of the same or any
other provision in any other instance.
C. If the City is the prevailing party in any litigation arising hereunder the City shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
D. Governing Law. This Lease shall be construed and enforced under the laws of the
State of Minnesota, and any action brought by any party under the terms of this Lease shall be
venued in Dakota County District Court.
E. Brokers. The parties shall indemnify and hold each other harmless from any claims
for any commission, fee or other payment by any broker or similar agent claiming to have
represented either.
152001x03 19
RNKao5/26/2010
Lease.
F, Headings. Headings used in the Lease are for convenience and are not part of the
G. Further Assurances. City and Tenant agree to execute such additional documents as
the other may reasonably require to confirm this Lease.
H. Recording. Upon request by either party, the parties agree to promptly execute a
memorandum or other evidence of this Lease to be recorded in the appropriate public records as
evidence of this Lease.
I. 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.
J. Survival. The provisions of the Lease relating to indemnification from one Party to
the other Party shall survive any termination or expiration of this Lease. Additionally, any
provisions of this Lease which require performance subsequent to the termination or expiration
of this Lease shall also survive such termination or expiration.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the dates
set forth below.
15200103 20
RNK:r05/26/2010
Date: 920 CITY OF LAKEVILLE
BY:
Its Mayor
AND
Its City Clerk
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for the State of Minnesota, duly commissioned and sworn, personally appeared and
to me known to be the Mayor and City Clerk of the City of Lakeville, Minnesota, the municipal
corporation that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of the municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of Minnesota
Residing at
My appointment expires:
] 5200143 21
RNK:r05/26/2010
Date: '6 20_jj2
LESSEE ACKNOWLEDGMENT
STATE OF WASHINGTON)
(ss'
COUNTY OF KING )
TTM OPERATING C.ORPORATION, INC.
BY:
Frank Ma&o%attistY
Its: 5e
On this — day of 20 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Frank Mastrobattista, to me known to be the person who executed the foregoing instrument on
behalf of Tenant, and acknowledged said instrument to be the free and voluntary act and deed of
the Tenant, for the uses and purposes therein mentioned, and on oath stated that he is authorized
to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
owl -
O ..'p�k
P ' t or ame:
Notary Public in and for the State of 44am-gutm VJA
Residing at �Akf
Or/81.�c' r s My appointment expires: ►
i� WA
152001v03 22
RNK.-r05/26/2010
Description of Site
West 243.83 feet of Lot 1, Block 2, Fairfield Business Campus
152001vO3 23
RNK:rO5/26/2010
EXHIBIT B
Drawing depicting the location of Site on City property. Equipment to
be installed on Site. and Construction Drawings
SEE ATTACHED PLANS
15200103 24
RNK:r05/26/2010
EXHIBIT C
Equipment to be Installed on Site
SEE ATTACHED PLANS
152001x03 25
RNK:r05/26/2010
TTM
MSP — AIU
VERIZON WIRELESS SITE NAME:
MINC CHUCKWAGON
11075 210TH STREET WEST
LAKEVILLE, MN 55044
DRIVING DIRECTIONS
FROM THE MINNEAPOLIS AXIP -
TAKE HBO WEST TO IJ5W.
TAKE "5W SOUTH TO COUNTY ROAD 70 (210TH STREET)
TAKE COUNTY ROAD M EAST TO KENSINGTON BLVD
TAKE KENSINGTON BLVD NORTH TO KENRICK AVE
THE SITE IS LOCATED AT THE WATER TOWER
GENERAL NOTES
AREA MAP
O
Q fy
T-1
{I9
Tn
Y �I
A-2
m,
A3
o,
I
ppMfd
,_m%IU (CHUCKWME
RODD HUSIAD
CONSTRUCTION
CONTACT.
42 7p
r
Um—
f
;\
81
NORTH
i The mlb g general odea ahM appy m drewlhI;o eM 90—h Dalew otho—Ne robe or a Moe.
2 The work doll—fiXJ In Burse drmNngs ane desabed In meBpeWlpelmns ahel —n to ween, atanderdn eM regMelmm msl here pe odcllon
M tlm stab of Minrmsga , and Ute dy of LekerAb
3 Rrqulremenb eM re Iodorm paMIrA,g b R Feeley wdee end prelates —I De Inw kxl M Sm work urn d-0 Bwy may rot M 11—
mMrMVelY end "P"WO, b Niher Bur cft w,,ge or Om epedllcetlone
0 Compem field coMlflow w8h—Mbclurel end eml... drg d—ings Ary dlscreVsncbe l,a8 M dkecbd to the AneMM for W Ilm prior to febrka8on
mWor wnstrucflon. Submit neceaeay shop drwMnga prior m faWmdm for ops l by Bur kdAocl. No In motion or �t� on 6Nee mesh may Ea used
1rl0md the PeNeebn of ftowror, or the e,hh a
5. Donolecaled,.Mnpe 1r.trdmMlrgebewle
8 Unbs otM1e - shown or robe, lypmel d-11. etml be used wM1— epplkabb
7 Dolob W M muMersd IypIG M ebdv oohooOoro.
e sowy hldeDen�=41
TM mnlrxlor sM1el be eoby aM wmplMey responelbb M IM wndllblm o1lM1efob s8e, md.dng safely d am persona eM propMy
emod f.of Big kdoPonle eelelye �iwrlews of ghee—1111orm TM Arcldbct's or Erglneere'fob elle —law Is rol InbMed m kldude m Iew d Bm adeRua V
sWllhh mese plarm eM epeclloodorm,'Oremf Ih". TTMI
t0 TM wod b ftreepwmlNly d Sre gelmral wnbacmr ur0ees rated of Ioo
11 The br-'co Va eM -g c - mfer m the owror's general wnirecmr eM the general oontr—es suboonBsNore. s is IM general centrecbr's rewonetbl ty
to eebmrm ftdMNPh of wart smog s,o—vOocmm
VZW
APPROVALS
JOB TITLE NAME DATE
LESSOR/LICENSOR APPROVAL
SIGNATURE _[____PRINTED NAME DATE
LESSOR I LICENSOR PLEASE CHECK THE APPROPRIATE BOX BELOW
NO CHANGES. CHANGES NEEDED SEE COMMENTS ON PLANS
ISSUE SUMMARY
LA. -DESCRIPTION SHEET OR DETAIL
ISSUED FOR REVIEW 05-12-10 ALL
ISSUED FOR REVIEW Wl&10 ALL
ll CONTACTS I
TTMI
SHEETINDEX
SHEET SHEET DESCRIPTION
T-1
PROJECT INFORMATION, MAPS, DIRECTIONS, AND SHEET INDEX
A.1
SITE PLAN
A-2
ENLARGED SITE PLAN
A3
MISC DETAILS
E-1
ELECTRICAL
TTMI
RODD HUSIAD
CONSTRUCTION
CONTACT.
(312)3668803
Um—
ISSUE SUMMARY
LA. -DESCRIPTION SHEET OR DETAIL
ISSUED FOR REVIEW 05-12-10 ALL
ISSUED FOR REVIEW Wl&10 ALL
ll CONTACTS I
TTMI
TELECOM TRANSPORT MANAGEMENT, NC
CORPORATE
103 NORTH CANAL STREET (SUITE 210)
CONTACT
SEATTLE. WA s810T
DAVID JOHNSON (801)51)-0032
TTMI
RON MIELKE
REAL ESTATE
(812)801-0829
CONTACT
TTMI
RODD HUSIAD
CONSTRUCTION
CONTACT.
(312)3668803
OWNERILESSOR CITY OF IAKEVILLE
ARCHITECT DESIGN 1
8973 VALLEY VIEW ROAD
EDEN PRAIRIE, MN 55300
BOB DAVIS (952) 803-8289
PROJECT INFORMATION
SITE NAME MSP -AIU
ME ADDRESS 11075210TH STREETWEST
LAKEVILLE, MN 55DIX
COUNTY. DAKOTA
LATRLAE NM 606831
LONGITUDE W93.288933
PROJECT DESCRIPTION
INSTALL FIBER FROM THE R O W TO THE ZERO HANDHOLE THEN TO THE TTMI
EQUIPMENT INSTALL TELCO AND GROUND PER THE PLANS.
ROBERT J DAMS, AM
ARCHITECT
Belo VALLEY NEW RD
EDEN MNRIE, MN SS1H
I—) Ibb02N FAX --
e TTM
TELECOM TRANSPORT
MANAGEMENT, INC
118 N. CANALST. SUITE 210
SEATTLE, WA W103
PN (2De1803-8283
FAX (206) SI6-0585
MSP -AMU
VZW SITE NAME:
MINC CHUCKWAGON
11076210TH STREET W
LAKEVILLE, MN 55044
SHEET CONTENTS:
CONTACTS
ISSUE SUMMARY
SHEET INDEX
DEPARTMENTAL APPROVALS
LESSOR APPROVAL
PROJECT INFORMATION
AREA MAP
GENERAL NOTES
T-1
u . TO vERI
coNTRAcDOM FIBER 11011131101113roR � THE LOCATION
aOF ALL PUBLIC AND PRIVATE UG
UTILITIES PRIOR TO CONSTRUCTION STMT
V",
It
PROPOSED UO RIER OPTIC LINE—\/
EXISTING GIME" E105RIG FIBER NET I O O
LIMN FENCE m TIE PROPOSED TIN aaxn .jl„�
X X X— x x 'J( x O
PROPOSED TIM LEASE AIEA-------------J
I0 O
u —
x f y // // VV
I o I ZENISTING ATIJ SMELTER—� `EXISTING DPl(OT, x O
COUNTY SHELTER7
I L DESIGN
EXISTING x EXISTING o
T -MOBILE ^�'ATER� ,
u e SHELTER TOWER \�. O . • _ O -] ARCHROBET Ec walB, un
F-1 F -1W>3 VALLEY VIEW RD
•/ , EDENPIUIRIE, MN 35JC0
IBEE1901R28B FAY RO3ffiB2
E10 " nECIMDIL PRNE
GA o G GAS PROPOSED 1W NP DNDIpIN�f }7
NO IkTFR SOOIET m BE NSTKIID .. �10
>
o I ®TTM
DUSTING V!W SHELTER (�
TELECO EMENT, INC
MANAGEMENT, RT
INC
4 ,y •\\ O
140N CANAL ST SUITE 210
- SEATTLE. WA8810J
' V PH (2081803-8288
FAN (2(Ifi) sNS8565
// \ o MSP -ALU
EXISTING GRAVEL' DRNE
`^\ x O VZW SITE NAME!
uc% \ ,• \ MINCCHLICKWAGON
/\ o >
N / /
EXISTING GATES \� o 1LAKEVILLE, MN 55044
11\ x x x x x o
x
If-/ \ \ " • SHEET CONTENTS:
O� \ , '., SITE PLAN
EXISTING &IUNINDIfi gtNE \1q,N,
% DRAWN BY. BMS
/// \ DATE: O15112-10
llf 0 CHECKED BY.
REV A 0,112-10
— — REV.0 06-1410
si 0
� SCALE: 1176"• 1'-D'
Z A-1
X X X X
X
X
X X X X
Nom
NTRACTOR TO VERIFY THE LOCATION
F,o,o
PFDPOSM UC FWt OPEC
Of NJ. PUBLIC AND PRIVATE UG
RLN n= TWE FM WU
ES PRIOR TO CONSTRUCRON START
TOM TIIR mu
fROPOSM 4'ri' PIiTJSf
WN�IE
I I
'I
i W
I MPOSM T" O16Ri.T\ QCT
WT
r
�W1i
IIPROPOSED
UC PVC COMMCOMM/—
�_
foR ATar mm RUN
/TFOR E MJDO RIM
�y ___—.—_—
II �
LM NEA
I I
II 3 L
E.ISTING I
II GRASS /
ZU 5TINIiIt Ir� L
E51
NT-N08/ AT&T
SHELTESHELTER
I N
RUN FROM IM Tro
MM 10 THE now F
FIECIPofJI FRIM
/ II
I I /—m%wm ug PSC Om" I
AWA4 OIS mm BY Wlb'IMICIRIN I
I %ru II RMl E RmG. PRECdb7M1CIlOW
use �I
I
u¢—ua IAZ 11¢—
I I
I
ZIMITINS
I /
I I
I I
I I
I I
II �`
II
I I
I I
1
E%STING it WATER
777 I
SHELVE R/ I� TOWER
II
11
J
ENLARGED SITE PLAN p o�
SCALE. 11--1- y p J• Z
2 ELECTRICAL FRAME
SCALE: NONE
&AERIAL T
VIEW (LOOKING WES
SCALE NONE
R—RT 113-1, AIA
ARCHITECT
—VALLEY VIEW RO
EDEN PRAIRIE 1ANSSMA
I-, BDb .FA%BroB]Bt
®TTM
TELECOMTRANSPORT
MANAGEMENT, INC
146 N CANAL ST. SUITE 210
SEATTLE WA N103
PH 1208) 803- 8288
FA%(205)54S86PS
MSP-AIU
VZW SITE NAME•
MINC CHUCKWAGON
11075 210TH STREET W
LAKEVILLE. MN 55044
SHEET CONTENTS:
ENI ARGEO SITE PLAN
A-2
—�j--------� , - -
ETOSIID SIE_ �q 591C —NO FROM THE PROPOSED Y ANY W1061pR
61101M RIND �DIND Rl To w E7aw SITE D EACH IOD
GROUND RNC (TTPNYl OF 2 PUCB)�
/N, /
12 SEIC aR01RD RID �1
/ lT RIOSE DEPIM \
PROPOSED Ir FITDNC HEMIT TO
wELD RE Y) Cm CABLE LAW
mwm To
NFA�7K THE 'LB' FRINO
i2 SOM IFW FROM THE 12 SETC LEAD FROM THE
R OF RE ENCLOSURE rypFMµ QkyB� m I
/ m THE GROUND IOD THE GROW RHO I
MER INSTALLATION WITH SEWCAM.K
N
PROPOSED PEC CONWIf
RISER FOR TELCO RUN
DIM VZw
EOWIEM ROOM
DOM"M EOUPMDJT ROOY
CONTRACTOR
WEATHERPROOF MOUND RE FITTING
i
MER INSTALLATION NMW
SINE CLARK
I _ _ TTM
I / EHan�IrE I(2)
PROPOSED GALVANIZED
I
MCI- STEEL CONOW RISER
EMM5INE i
UG PVC CONDUIT
F�%D � TTM' THE
PROPOSED UC PVC CONCUR FOR
ELBO TSO THE TM EENCLFROII THE LOOSUREB
��YY
DESIGN
TTN H-FRME
L
PROPOSED rxVNRZFD
SUB. RNRD ELBOW
`---
II
PROPOSED-------------------
STEEL ROD ELBOIF�---------------------
I I
LEAD mm THE
DAR IN M ENCLOSUREI m THE GROUND I" I
RDBERTIw .AIA
ARCHITECT
EDE VALLEY VIEW RD
M2) e0zomo FAKPRAIRIE Heme2a2
�65IFFLVGFIOIND ROD /
MPIC& OF 4) /
\----------------�
EQUIPMENT GROUNDING
BZW CONDUIT ELEVATION
SCALE. 1/d'=1'-0' WMNN 9GWE
^ SHELTER CONDUIT ELEVATION
SCALE 7/d'=1'-0'
SCALE• 1/2' = 1'-0'
®TTM
NOTE
TELECOM TRANBPORT
MANAGEMENT, INC.
Naort m oEGWD
166 N CANAL BT SURE 210
SEATTLE WA 98103
PH 12081 8039298
FAX (206) 6.
CARMT GOPIWR $OTE
MOR pE fNl 1-BOD-252-I1WW
ALL IXGV1111g1 INSIDE I
SIMM11E 2TZIWO MEA 5)L TRENCH WIDTH
E OID
MSP-A I U
REPLACE DOW CIENN ROD
INIUMINDUSPXANG� OR
VZW SITE NAME-
MINC CHUCKWAGON
li ti'r �I
I
lir
//
GEMOM FAHRC TO REPLACE=
THE BMW DISRFAIR
IC FAC - � ; Rp
12
11075 210TH STREET W
LAKEVILLE, MN 55044
3
Y WOE METALLIC DEIE7F9E REGION
WAWIED SOL N B' LFTs I` >r
TO AVOD EI CfSThE SEIIIDENE I
SHEET CONTENTS:
CdJDUIT TRENCH DETAIL
ELEVATIONSECTgN
B� SAD
4v
MORRIS POR FERC 1F1EIh101E, 9ECIRG1l ""r-"�rK.v,.• �;_re5
DRAWN BY: BM9
DATE 0612-10
CHECKED BY,
REV A 0612-10
REV 0 0614.10
CON= TRENCH DETAIL
I
SCALE =r-0'
A-3