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2.4. ERMUSR 05-20-2014 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. —General Manager John Dietz, Chair Al Nadeau, Vice Chair Daryl Thompson, Trustee MEETING DATE: AGENDA ITEM NUMBER: May 20, 2014 2.4 SUBJECT: Verizon Non-Exclusive Tower Attachment Lease Agreements DISCUSSION: Staff has been working with legal counsel and our engineering consultants reviewing non- exclusive tower attachment lease agreements for Verizon. The agreements are for attachments to ERMU's Gary Street Water Tower and Johnson Street Water Tower. The process included standardization so as other wireless providers inquire about attaching to ERMU's towers, we will be able to more effectively manage the provision of the agreements. The agreements and construction plans have passed review and are acceptable to staff and legal counsel. The agreements provide for a 5 year initial term lease with consideration of a $30,000 annual lease payment for the first year with a 4% increase for each additional year. The lease has a provision for four renewals of 5 year terms each. These provisions are similar to the non- exclusive tower attachment lease agreements that ERMU has with Sprint. ACTION REQUESTED: Staff requests the Commission approve the attached Verizon Non-Exclusive Tower Attachment Lease Agreements. ATTACHMENTS: • Verizon—Non-Exclusive Tower Attachment Lease Agreement—Gary Street Water Tower • Verizon—Non-Exclusive Tower Attachment Lease Agreement—Johnson Street Water Tower PNOWERED er Page 1 of 1 NATURE Reliable Public Power Provider POWE0.Eo To SERVE 41 Non-Exclusive Tower Attachment Lease Agreement This swer Attachment Lease Agreement ("Lease") is executed this day of , i 0 , by and between Elk River Municipal Utilities ("Lessor") and Verizon Wireless (VA i )LLC d/b/a Verizon Wireless ("Lessee"). WHE ";EAS Lessor owns an elevated water tank (the "Water Tower") located at 17721 Johnson St. N ' , Elk River, Minnesota, on the property legally described on Exhibit A attached hereto(the "P iperty") and designated by the Lessee as MIN-Vieths; and WHE 'I'EAS, Lessor has adopted a Policy Statement Regarding the use of Lessor's Property for II ommunication Antennas and Towers (the "Policy Statement"), which Policy Statement pro I ides, among other things, that priority in the location of communication facilities on Lessor's P 1•perty shall be given to Lessor, to public safety agencies, to other governmental agencies, and 1• private entities, in that order; and WHE EAS, Lessee desires to lease from Lessor certain designated space on the Water Tower to inst. 1, operate and maintain certain of Lessee's antennae, other equipment and related devices (colle 1 ively, the"Equipment"); and WHE EAS, Lessor desires to lease certain designated space for Lessee's Equipment on the Water To -r, provided Lessee's Equipment does not interfere with Lessor's daily operations and maintena e of the Water Tower, and provided further that Lessee will defend, indemnify and hold Les.•r harmless from and against any and all damages caused by the installation, operation and aintenance of the Equipment. NOW, HEREFORE, for and in consideration of the terms and mutual promises herein contained, an• for other good and valuable consideration, the receipt and sufficiency of which are hereby ac Ii owledged, Lessor and Lessee agree as follows. 1. Grant if Lease Lessor hereby grants to Lessee the right to install, maintain, and operate on, and to remove com nication equipment from, the Water Tower, and also grants certain easements (the "Easeme s") over the Property for ingress, egress and utilities, during the Initial Term and any Renewal terms, as those terms are hereinafter defined. The Easements shall be as shown on Exhibit B attached hereto. The Equipment shall be as described on Exhibit C attached hereto and shall be 1•C ated as shown on Exhibit C. Neither the location nor the extent of the Easements or the Equipment shall be changed without the prior written consent of Lessor. 2. Use Lessee shall be permitted to install the Equipment on the Property and to install or improve utilit •s on the Property over the Easements. The Equipment, including the number, location and `ounting height of all antennas, and the size and location of all other Equipment, shall be as d:scribed on Exhibit C and shall be installed only as depicted and shown on Exhibit C. E ibits B and C may be amended by Lessee, from time to time, without amending this Lease, bu I only with the written approval of the Lessor, which approval may be conditioned 42 or withheld by Lessor in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may make non-material modifications to Lessee's Equipment without consent, including but not limited to maintenance, repairs, like-kind or similar replacements of Equipment, provided none of the modified or replaced Equipment is larger than the Equipment approved by Lessor. If installation of the Equipment requires relocation of existing communication equipment (to include coax cable, antennae, brackets, hardware, etc.) owned by other communication carriers, Lessee shall be responsible for obtaining the consent of such carriers and all costs and labor associated with these modifications shall be the responsibility of the Lessee and shall be considered to be an integral part of this Lease. Any agreements among various communication carriers associated with these modifications shall be the responsibility of the Lessee. Lessee shall defend, indemnify and hold Lessor harmless from any claim made by such other carriers as a result of Lessee's acts or omissions. Prior to the installation of any Equipment, all installation plans, including plans for the attachment of Lessee's equipment, for the relocation of existing equipment owned by other carriers, for any modifications to the Water Tower, and for the installation of any personal property owned by the Lessee that is to be located on the Property or attached to the Water Tower, must be approved by Lessor, which approval may be conditioned or withheld by Lessor in Lessor's sole discretion. Lessor may also require proof of Lessee's ability to pay for all work to be performed on the Property, prior to the commencement of such work by Lessee or Lessee's contractors. Any personal property owned by Lessee, whether fixed or attached to the Property or the Water Tower, shall remain the exclusive property of Lessee, and the risk of loss to same will be solely Lessee's. No Equipment shall be permanently attached or welded to the Water Tower without Lessor's prior written approval. If welded attachments are approved, Lessee shall be responsible for the cost of replacing interior or exterior tank coatings that are damaged by welding. All replacement of coatings shall meet the exact specifications of the existing tank coating, be performed by contractor's approved in advance by Lessor, and be completed within thirty (30) days of the time that welding on the tank occurs. All costs associated with the new coatings, to include operational costs (i.e., draining elevated tank), shall be paid on demand by Lessee. Lessor grants Lessee limited access to the Water Tower and the Property for the purpose of installing, operating and maintaining the Equipment. Access to the Water Tower shall be limited to such access as Lessor's authorized representative shall approve, in writing, which access shall be consistent with Lessee's need to install, operate and maintain the Equipment and Lessor's need to operate and maintain the Water Tower. Lessor shall have its personnel on site at any time Lessee is accessing the Water Tower, and Lessee shall reimburse Lessor for Lessor's costs to have its personnel on site, including Lessor's on-call or overtime costs if Lessor's personnel are required to be on the site at times other than normal business hours. Lessee shall give Lessor 12 hours notice in a non-emergency situation, or 1 hour notice in an emergency situation, of its need to enter the Water Tower and Lessor shall arrange to have its personnel present. Under no circumstances shall Lessee or its employees or agents enter the Water Tower unless an employee if Lessor is present. Notwithstanding the foregoing, Lessee shall have unrestricted access to its Equipment located on the ground space at all times. 2 43 Lessee shall, prior to the installation of any Equipment on the Property, obtain all required land se approvals, building permits, and other governmental approvals required for installation a • operation of the Equipment. Lessee shall also comply with all applicable governmental egulations regarding the installation and operation of the Equipment, including, without limita on, the requirements of the FCC, FAA, OSHA, and all other regulatory agencies with jurisdicti 1 n over the Equipment (collectively, the "Regulatory Requirements"). Failure of Lessee to co l ply with the Regulatory Requirements shall be a default, entitling Lessor to exercise the re! edies hereinafter set forth including,but not limited to, termination of this Lease. Lessor agrees to cooperate with Lessee at no cost to Lessor with respect to obtaining any required zoni or other governmental approvals for the Site, the Facilities and contemplated use thereof. Furt ;rmore, Lessee shall not allow its Equipment to interfere with the facilities of a user with a h':her priority pursuant to Lessor's Policy Statement, or a user whose use of the Water Tower predates the Commencement Date of this Lease (such users being "Priority Users"). 3. Initial I erm The La:se is effective upon full execution hereof. The initial term of this Lease ("Initial Term") shall '.e for a period of five (5) years commencing on the earlier of (i)Lessee construction s :rt or (ii) September 1, 2014 ("Commencement Date"). Lessee may terminate the Lease for any reason or no reason prior to the Commencement Date, but agrees to reimburse Lessor pursu. t to paragraph 5(c) hereof for all of Lessors costs incurred prior to such termination d. ie. 4. Rene ;:I Terms Subjec to Lessor's right set forth in item (2) of the following paragraph, Lessee shall have the righ 1 to extend this lease four (4) times, for a period of five (5) years each (the "Renewal Te 1 s"). The Renewal Terms shall be on the same terms and conditions as set forth in this Lease, ex• pt that rent shall be increased as provided in paragraph 5(b). This L,ase shall automatically be renewed for the Renewal Terms unless: (1)Lessee notifies Lesso of Lessee's intention not to renew the Lease at least forty-five (45) days prior to the expiration of the Initial Term or the Renewal Term which is then in effect; or (2)Lessor notifies Lessen of Lessor's intention not to renew the Lease at least three hundred sixty (360) days prior to ie expiration of the Renewal Term which is then in effect. 5. Consi 1 .ration a) Initial Term. Lessee shall pay to Lessor as rental the sum of Thirty Thous. d Dollars ($30,000.00) per annum ("Lease Payment"). The Lease Payment shall be inc ased annually commencing one (1) year from the Commencement Date of this Lease ,t a rate equal to four (4%) percent of the previous year's rental. The Lease Payme�t shall be paid annually in advance with the first such annual payment due on the Comm:ncement Date and thereafter on each anniversary of the Commencement Date, partial I, ears to be pro-rated. 3 44 (b) Renewal Term. In the event that Lessee elects to renew this Lease as provided in paragraph 4, the Lease Payment shall be increased each year of the Renewal Terms (commencing with the first year of the first Renewal Term) at the rate of four(4%) percent of the previous year's Lease Payment. (c) Reimbursement of Costs. In addition to the Lease Payments provided for in paragraphs 5(a) and (b) above, and any other costs of Lessee identified elsewhere in this Lease, Lessee shall reimburse Lessor for all of Lessor's costs to directly implement, administer, and enforce this Lease, with copy of detailed invoice submitted to Lessee from Lessor, including, without limitation: (i) Lessor's costs to retain a structural engineer or other consultant to review Lessee's plans for installation of the Equipment and to inspect the Equipment upon installation and annually, if determined necessary by Lessor; (ii)Lessor's costs to retain a Radio Frequency Engineer to identify or resolve any potential or actual interference issues with Lessee's Equipment at the commencement of service by Lessee and at such other times as deemed necessary by Lessor; and (iii)Lessor's legal fees and other consultant costs associated with the negotiation, administration, and enforcement of this Lease. (d) Taxes. Lessee shall reimburse Lessor for any personal property or other taxes levied against the Property or Lessor as a result of the installation and operation of Lessee's Equipment on the Property. (e) Security Deposit. To secure payment for the reimbursement of costs provided for in this Lease, Lessee shall deliver to Lessor a cash escrow in the amount of $15,000.00 prior to installing any equipment or antennas on the Property. Lessor shall hold this security until all of the work contemplated by this Lease is completed and all amounts due for reimbursement of costs pursuant to this Lease have been paid by Lessee, and shall release the security to Lessee at that time. Lessor may deduct from the security any amounts due under this Lease and unpaid 30 days after written demand by Lessor. 6. Utilities Lessee, at Lessee's expense, will arrange for separate metering for all required electrical or other utility connections to support the Equipment, and shall promptly pay all utility costs directly to the utility providers when due. 7. Water Tower Purpose Lessee recognizes that the primary function of the Water Tower is to provide water storage for Lessor and its customers. Lessee understands that it will be necessary, from time to time, for Lessor to interrupt Lessee's use of the Property for maintenance of the Water Tower. Lessor shall provide Lessee with at least ninety (90) days prior written notice for non-emergency maintenance and, if requested by Lessor, Lessee agrees to remove its Equipment from the Water Tower for such length of time as Lessor shall require to complete the maintenance (the "Maintenance Period"). If required to remove its Equipment, Lessee shall have the right to temporarily relocate its Equipment as provided below. Alternatively, Lessee may terminate this Lease upon thirty (30) days written notice to the Lessor at any time during the Maintenance 4 45 Period and ne her party shall have any further rights or obligations arising hereunder, except Lessee shall ve the duty to remove its Equipment as set forth herein, repairing any damage caused in the 1 rocess, and the parties shall have those rights and obligations that are to survive the terminatio i of this Lease. Lessee at its sole cost and expense, may temporarily relocate its Equipment during a Maintenance '-riod to a different location on the Water Tower provided, however: (a) that the duration of su•h relocation shall not exceed the Maintenance Period; (b)that relocation space is available on t i- Water Tower at a location sufficient to meet Lessee's coverage or engineering needs and suf cient to allow the required maintenance to be performed by Lessor; (c)that the temporary loc.1 ion is not being used or intended to be used by Lessor; (d)that the relocation will not cause int. ference with any other equipment located on the Water Tower; (e)that the temporary location will not interfere with the Lessor's maintenance or use of the Water Tower; and(f)that Lessor has approved relocation to the temporary location in writing. Altern. ively, Lessee, at its sole cost and expense, may use a temporary transmission site, or Cellular on Wheels ("COW"), during the Maintenance Period, provided that the location of the COW is a..roved in writing in advance by Lessor. The c..t of painting and repairing the Water Tower shall be borne by Lessor, unless damage to the ater Tower is caused by Lessee, in which case Lessee shall repair such damage or, at Lessor's option, reimburse Lessor for Lessor's costs and expenses incurred in such repair. The cost of •;inting Lessee's Equipment shall be borne by Lessee, and shall be performed routinely to mi intain the appearance of the Equipment and shall be the same color as the Water Tower and ml st have prior written approval of Lessor. Lessor will not be responsible for damage to the Lessee's equipment while Lessor is performing maintenance on the Property or the Water To er, except to the extent such damage is caused by the gross negligence or willful misconduct of essor. 8. Repre •ntations and Warranties of Lessee a) Lessee represents and warrants that its installation, operation and mainte t ance of the Equipment shall comply with all Regulatory Requirements. b) Lessee shall indemnify, defend and hold Lessor harmless from any claim agains I Lessor related to Lessee's installation, operation and maintenance of the Equip ent, including, without limitation, any claims of contractors and subcontractors and/or ;ny claims of any person or entity for damages or injury related to the installation, operati,in and maintenance of its Equipment. 9. Termi ation Excep as otherwise provided herein, this Lease may be terminated upon written notice as follows: (a) By either party upon a default of any covenant or term hereof by the other party, hich default is not cured within thirty (30) days of receipt of written notice of 5 46 default (without, however, limiting any other rights available to the parties pursuant to other provisions hereof); (b) Upon thirty (30) days written notice by Lessee if Lessee is unable to obtain or maintain, through no fault of Lessee, any license, permit or other governmental approval necessary for the construction and operation of the Lessee's Equipment or business, including its ability to manage a PCS network pursuant to which the space is leased and the Equipment will be installed; or (c) By Lessor by giving Lessee twelve (12) months written notice that the Water Tower is going to be abandoned or relocated. (d) By Lessee giving twelve (12) months written notice that use of the Property is unacceptable for technical reasons, including the Property being unacceptable as part of Lessee's network design as well as signal interference. (e) By Lessor by giving Lessee: (i)twelve (12) months written notice that a Priority User needs to use the Property for a use which is incompatible with Lessee's use of the Property; or (ii)thirty (30) days written notice that Lessee's Equipment is unreasonably interfering with the Equipment of a Priority User, provided that Lessor first gives Lessee written notice of such interference and thirty (30) days within which to resolve such interference with the Priority User. Lessee may terminate this Lease other than as expressly provided above at any time, so long as Lessee pays to Lessor as liquidated damages for early termination, twelve (12) months of the then current rent for the year in which Lessee terminates. Such payment shall be made within thirty(30) days of Lessee's written notice of termination. In the event of termination of this Lease, the Lessee must remove all of its Equipment from the Water Tower and the Property within sixty (60) days and return the Water Tower and the Property to their original condition (as of the Commencement Date of this Lease), normal wear and tear excepted. Lessee shall provide Lessor, at the Commencement Date of this Lease, a letter of credit or performance bond or cash ("Security") in the amount of $10,000 to secure Lessees compliance with this requirement. The Security shall be kept current at all times that this Lease is in effect, and failure to keep the Security current shall constitute a default by Lessee. In addition to termination of this Lease, Lessor shall have all other rights and remedies available to it at law or in equity (including an action for money damages or injunctive relief) in the case of a Lessee default that remains uncured for a period of thirty (30) days after written notice to Lessee; provided however that if a non-monetary default cannot reasonably be cured within the 30-day period, this Lease may not be terminated if Lessee commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. 10. Liability Insurance During the Initial Term and the Renewal Terms, Lessee shall maintain, at its own expense, insurance covering claims for public liability, personal injury, death and property 6 47 damage under a policy of general liability insurance, with limits of not less than One Million Dollars ($1,011,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence, and property iI amage insurance of not less than Fifty Thousand Dollars ($50,000.00). Such insurance sha include both Lessee and Lessor (as an additional insured) against liabilities arising out of •r in connection with Lessee's use or occupancy of the Property subject to the standard excel ions found in the Commercial General Liability Insurance Policy. Landlord shall also carry gen: al liability and property damage insurance. 11. Envir i mental Compliance Lessee arrants, represents and covenants that it will not bring on to the property, and its use on the Pro s erty will not generate, any Hazardous Materials, except if approved by Lessor. This Lease m,hy be terminated by Lessor immediately if Lessee is responsible for Hazardous Materials bein;, on the Property. In such event Lessee shall be responsible for the removal of all such Hazardo . Materials from the Property and shall be liable to Lessor for any costs incurred by Lessor to move or clean up Hazardous Materials from the Property and shall indemnify, defend and ho d harmless Lessor for any liability due to the Hazardous Materials being on the Property. Les or represents and warrants to Lessee that it has no knowledge, having done no investigation -lating thereto, of any substance, chemical or waste on or affecting Lessor's Property that . identified as hazardous, toxic or dangerous in any applicable federal, state or local law or re;ulation(collectively"Hazardous Materials"). 12. Interf: ence Lessee ovenants that the Equipment will not cause interference with the operation of any Priority Users. Lessee shall be responsible for curing any and all interference to the operation of equipment of Ijriority Users, so long as Priority Users are lawfully operating. Subsequent to the installation of Ihe Lessee Equipment, other than Priority Users, Lessor will not permit its lessees or licensees t• install new equipment on or make any alterations to the Water Tower, if such equipment or I odifications cause interference with the operation of Lessee's Equipment. 13. Subro L4ation a) In General. All insurance policies required under this Lease shall contain a waiv:r of subrogation provision under the terms of which the insurance carrier waives all of i r rights to proceed against Lessor or Lessee, as the case may be. b) Mutual Release. Lessor and Lessee each release the other and their respective representative from any claims by them or anyone claiming through or under them b! way of subrogation or otherwise for damage to any person or to the Property and to the i xtures, personal property, improvements and alterations in or on the Property that are ca .ed by or result from risks insured against under any insurance policy carried by them a!d/or required by this Lease. 14. Notice All no ces or demands by or from Lessor to Lessee, or Lessee to Lessor, shall be in writing. Such otices or demands shall be mailed to the other party at the following address: 7 48 Lessor: Elk River Municipal Utilities Attn: General Manager 13069 Orono Pkwy P.O. Box 430 Elk River, MN 55330-0430 Lessee: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate 15. Destruction of Premises If the Property or the Water Tower are destroyed or damaged so as to hinder the effective use of Lessee's Equipment on the Water Tower in Lessee's reasonable judgment, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor. In such event, all rights and obligations of the parties to each other Lessee to Lessor shall cease as of the date of the damage or destruction (other than those obligations intended to survive the termination of the Lease), and Lessee shall be entitled to a pro rata reimbursement of any rent prepaid by Lessee. In the case of such termination, Lessee shall remove its Equipment from the Property within sixty(60) days, repairing any damage caused in the process. 16. Title and Quiet Enjoyment Lessor warrants that: (i) it has the full right, power and authority to execute this Lease; and(ii) it has good and marketable title to the Property. 17. Assignment Lessee may not assign or sublet its rights under this Lease without the prior written consent of Lessor, which consent may be conditioned or withheld by Lessor, in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may, without notice to or consent of Lessor, assign its rights under this Agreement in whole or in part to any entity controlling, controlled by or under common control with Lessee, any entity acquiring substantially all of the assets of Lessee, or any successor entity in a merger or consolidation involving Lessee. 18. Successors and Assigns This Lease shall run with the Property described on Exhibit A and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 8 49 19. Miscellaneous (a) Each party agrees to furnish to the other, within twenty (20) days after receipt of written request, such truthful estoppel information as the other may reasonable request. (b) This Lease constitutes the entire agreement and understanding of Lessor and Lessee with respect to the subject matter hereof 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 Lease must be in writing and executed by Lessor and Lessee. (c) If either Lessor or Lessee is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (d) This Lease shall be construed in accordance with the laws of the state in which the Property is situated. (e) If any term of this Lease is found to be void or invalid, such validity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. (f) Lessor shall cooperate, at no cost to Lessor, with Lessee's efforts to evaluate the Water Tower and to comply with governmental regulations affecting Lessee's use of the Property by providing information about the Water Tower, the Water Tower's location and prior filings made by Lessor with governmental agencies. (g) Neither this Lease, nor a memorandum of same, shall be filed in the public records without the prior written consent of Lessor. (h) This Lease may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties, it being understood that all parties need not sign the same counterpart. 9 50 IN WITNESS WHEREOF, Lessor and Lessee have executed this Non-Exclusive Tower Attachment Lease Agreement as of that date and year first above written. LESSOR: Elk River Municipal Utilities By: Its: By: Its: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Lynn Ramsey Its: Area Vice President Network Date: 10 51 Exhibit A TOWER ATTACHMENT LEASE AGREEMENT DESCRIPTION OF THE PROPERTY: Lot 1, Block 1, Eagles Marsh, Sherburne County, Minnesota. 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LL \ N - 94 --- z 5 „ ,a):v't _)+ �+2,\‘(, w l Ot -O n O �S . tD i �s ?, I vi --- - ` -:;: '� (n . . x-945--- rn° -1:-.,- -- ----- --- - -- --- --940-'`` - - - ---- - ---.-_O-L o O L z, with,/ i Q,' ---' O m 935 --h*b a\ s o m � \ N ? N � � � ''- \ z —ln--- ` S ID II o M g3\___ i m z -- ¢_0 w H �(y ,L�w 7 0313U z . , i�i \� O JIi s� ' (SSINVAAVM-d0-1HeId)Nf10Wa0S �S132g3 'MN '1S NOSNHOI i Exhibit C TOWER ATTACHMENT LEASE AGREEMENT DESCRIPTION AND LOCATION OF EQUIPMENT See attached drawing. C-1 55 EQUIPMENT UST. EAGLES MARSH 1. FIBREBOND 11'-6' X 29'-5 1/2' PREFABRICATED EQUIPMENT SHELTER SECOND ADDITION 2. 50KW GENERATOR INSIDE OF EQUIPMENT SHELTER LOT 1, BLOCK 1 3. (6) PANEL ANTENNAS MOUNTED AT 105'-0' CENTERLINE 4. (2) 6RRU TRUNK CABLES FROM EQUIPMENT SHELTER TO Y SECTOR 5. (4) 2RRU TRUNK CABLES FROM Y SECTOR TO 'X' & 'Z' SECTORS 6. (2) MAIN DISTRIBUTION BOXES (2 AT Y SECTOR) 7. (4) SECTOR BOXES (2 EACH AT 'X' & 'Z' SECTORS) 8. (6) RRU BOXES (2 AT EACH SECTOR) 0 0 177TH AVE. NW. EXISTING GAS LINE ��.:.-GAS—GAS—GAS—GAS GAS—G �.S_ " EXISTING I GAS PROPERTY LINE • 14 ,_ — .. .. _. ` EXISTING UNDERGROUND ,T SGT—UGT—UG UG TELCO LINE •t1 j �T EXISTING UNDERGROUND EXISTING GRAVEL DRIVE/ ` ELECTRIC LINE \l PARKING AREA \ \ I I• 40:°1 N`` y I. PROPOSED 10' 0 / ^- - Cam. ?' H ROT OF WAY /4# \ 1 PROPOS D 20 �g I � :1 � , OF WAY I l of - I ft EXISTING TREE LINE Z o : 1 O a co \ \ / I , 0 j EXISTING WATER TOWER . y_ / PROPOSED -� N / J"I_J L 20' X40' I LAND SPACE 11 I I— I PROPOSED 11'-6'x 29'-5 1/2' PREFABRICATED EQUIPMENT SHELTER 1; EXISTING 10'-0" UTILITY/DRAINAGE L— i I f EASEMENT -EXISTING PROPERTY I LINE i UNTIED POWER I j EXISTING 10.-0" ASSOCIATION EASEMENT UTILITY DRAINAGE EASEMENT -OHE-�-t€- . E. f. —1. .. —OHE—OHE DIE—OHE—OHE—OHE—OHE 0HE,. EXISTING OVERHEAD ELECTRIC LINES NORTH /III . MINC VIETHS 5C EL UBVI LLST: 1. (6) PANEL ANTENNAS MOUNTED AT TIE 105'-0"CENTERLINE(2 PER SECTOR) 2. (2) MAIN DISTRIBUTION BOXES MOUNTED BEHIND ANTENNAS AT THE Y SECTOR 3. (2)SECTOR BOXES MOUNTED BEHIND ANTENNAS AT THE 9C&7 SECTORS 4. (6) RRU BOXES MOUNTED BEHND ANTENNAS AT EACH SECTOR(2 PER SECTOR) EXISTING OBSTRUCTION 5. (2) 6RRU TRUNK CABLES FROM EQUIPMENT SHELTER TO Y SECTOR LIGHTING 6. (4) 2RRU TRUNK CABLES FROM Y SECTOR TO'X' &7' SECTORS OVERALL STRUCTURE HEIGHT 1129.30'AMSL — 177'-3" EXISTING ANTENNAS i iii alir BY OTHERS City of Ili— Elk River PROPOSED LESSEE `'` d i II £ i►�y— ANTENNA SPACE .....i,--- 1 I,01P 11 I'I i I III I ANTENNA CENTERLINE HEIGHT 4 j £, 1 1 105'-0'• £ 1 Si xjj:' i( (, , i (6) PROPOSED PANEL ANTENNAS 1 H (TYP. OF 2 PER SECTOR) '1i ' ' (2) PROPOSED ANTENNA MOUNTING ! ,. i II i �, is 3 , , , ,'i ' I I 1 11 1111., PIPES FOR FUTURE USE (TYP. OF 2 :li I, ; Ii I s PER SECTOR) II it I rH,1,. , ii sIi s £j 1 I1 I I I 1 I, 1, i,i I DOSING WATER TOWER ' ii•, III 1, , I I,I ' . 'I I . MINC VIETHS 57 Non-Exclusive Tower Attachment Lease Agreement This Tower Attachment Lease Agreement ("Lease") is executed this day of , 20 , by and between The City of Elk River ("Lessor") and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless ("Lessee"). WHEREAS, Lessor owns an elevated water tank (the "Water Tower") located at 18586 Gary St. NW, Elk River, Minnesota, on the property legally described on Exhibit A attached hereto (the"Property") and designated by the Lessee as MIN-Chewbacca; and WHEREAS, Lessor has adopted a Policy Statement Regarding the use of Lessor's Property for Communication Antennas and Towers (the "Policy Statement"), which Policy Statement provides, among other things, that priority in the location of communication facilities on Lessor's Property shall be given to Lessor, to public safety agencies, to other governmental agencies, and to private entities, in that order; and WHEREAS, Lessee desires to lease from Lessor certain designated space on the Water Tower to install, operate and maintain certain of Lessee's antennae, other equipment and related devices (collectively, the"Equipment"); and WHEREAS, Lessor desires to lease certain designated space for Lessee's Equipment on the Water Tower, provided Lessee's Equipment does not interfere with Lessor's daily operations and maintenance of the Water Tower, and provided further that Lessee will defend, indemnify and hold Lessor harmless from and against any and all damages caused by the installation, operation and maintenance of the Equipment. NOW, THEREFORE, for and in consideration of the terms and mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows. 1. Grant of Lease Lessor hereby grants to Lessee the right to install, maintain, and operate on, and to remove communication equipment from, the Water Tower, and also grants certain easements (the "Easements") over the Property for ingress, egress and utilities, during the Initial Term and any Renewal Terms, as those terms are hereinafter defined. The Easements shall be as shown on Exhibit B attached hereto. The Equipment shall be as described on Exhibit C attached hereto and shall be located as shown on Exhibit C. Neither the location nor the extent of the Easements or the Equipment shall be changed without the prior written consent of Lessor. 2. Use Lessee shall be permitted to install the Equipment on the Property and to install or improve utilities on the Property over the Easements. The Equipment, including the number, location and mounting height of all antennas, and the size and location of all other Equipment, shall be as described on Exhibit C and shall be installed only as depicted and shown on Exhibit C. Exhibits B and C may be amended by Lessee, from time to time, without amending this Lease, but only with the written approval of the Lessor, which approval may be conditioned 58 or withheld b A Lessor in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may make non-ma:erial modifications to Lessee's Equipment without consent, including but not limited to mail tenance, repairs, like-kind or similar replacements of Equipment, provided none of the modified or replaced Equipment is larger than the Equipment approved by Lessor. If inst. lation of the Equipment requires relocation of existing communication equipment (to include c o ax cable, antennae, brackets, hardware, etc.) owned by other communication carriers, Less:- shall be responsible for obtaining the consent of such carriers and all costs and labor associatid with these modifications shall be the responsibility of the Lessee and shall be considered to 1 e an integral part of this Lease. Any agreements among various communication carriers assoc :ted with these modifications shall be the responsibility of the Lessee. Lessee shall defend, ii demnify and hold Lessor harmless from any claim made by such other carriers as a result of Lessee's acts or omissions. Prior to the installation of any Equipment, all installation plans, including plans for the attachment o Lessee's equipment, for the relocation of existing equipment owned by other carriers, for y modifications to the Water Tower, and for the installation of any personal property own!o by the Lessee that is to be located on the Property or attached to the Water Tower, must 1- approved by Lessor, which approval may be conditioned or withheld by Lessor in Lessor's so - discretion. Lessor may also require proof of Lessee's ability to pay for all work to be perform:o on the Property, prior to the commencement of such work by Lessee or Lessee's contractors. Any p: sonal property owned by Lessee, whether fixed or attached to the Property or the Water Tower, .hall remain the exclusive property of Lessee, and the risk of loss to same will be solely Lessee'.. No Equipment shall be permanently attached or welded to the Water Tower without Lessor 's prior written approval. If welded attachments are approved, Lessee shall be responsible fo the cost of replacing interior or exterior tank coatings that are damaged by welding. All l eplacement of coatings shall meet the exact specifications of the existing tank coating, be peg+formed by contractor's approved in advance by Lessor, and be completed within thirty (30) da i. of the time that welding on the tank occurs. All costs associated with the new coatings, to i lude operational costs (i.e., draining elevated tank), shall be paid on demand by Lessee. Lessor :rants Lessee limited access to the Water Tower and the Property for the purpose of installing, s berating and maintaining the Equipment. Access shall be limited to such access as Lessor's authorized representative shall approve, in writing, which access shall be consistent with Lessee's eed to install, operate and maintain the Equipment and Lessor's need to operate and maintain 1 e Water Tower. Lessor shall have its personnel on site at any time Lessee is on the Property, .1 d Lessee shall reimburse Lessor for Lessor's costs to have its personnel on site, including Les'or's on-call or overtime costs if Lessor's personnel are required to be on the site at times other t :n normal business hours. Lessee shall give Lessor 12 hours notice in a non- emergency sit ation, or 1 hour notice in an emergency situation, of its need to enter the Water Tower and LIsor shall arrange to have its personnel present. Under no circumstances shall Lessee or its eji ployees or agents enter the Water Tower unless an employee if Lessor is present. Notwithstandil g the foregoing, Lessee shall have unrestricted access to its Equipment located on the ground sp. e at all times. 2 59 Lessee shall, prior to the installation of any Equipment on the Property, obtain all required land use approvals, building permits, and other governmental approvals required for installation and operation of the Equipment. Lessee shall also comply with all applicable governmental regulations regarding the installation and operation of the Equipment, including, without limitation, the requirements of the FCC, FAA, OSHA, and all other regulatory agencies with jurisdiction over the Equipment (collectively, the "Regulatory Requirements"). Failure of Lessee to comply with the Regulatory Requirements shall be a default, entitling Lessor to exercise the remedies hereinafter set forth including, but not limited to, termination of this Lease. Lessor agrees to cooperate with Lessee at no cost to Lessor with respect to obtaining any required zoning or other governmental approvals for the Site, the Facilities and contemplated use thereof Furthermore, Lessee shall not allow its Equipment to interfere with the facilities of a user with a higher priority pursuant to Lessor's Policy Statement, or a user whose use of the Water Tower predates the Commencement Date of this Lease (such users being "Priority Users"). 3. Initial Term The Lease is effective upon full execution hereof The initial term of this Lease ("Initial Term") shall be for a period of five (5) years commencing on the earlier of (i) Lessee construction start or (ii) Septemner 1, 2014 ("Commencement Date"). Lessee may terminate the Lease for any reason or no reason prior to the Commencement Date, but agrees to reimburse Lessor pursuant to paragraph 5(c) hereof for all of Lessors costs incurred prior to such termination date. 4. Renewal Terms Subject to Lessor's right set forth in item (2) of the following paragraph, Lessee shall have the right to extend this lease four (4) times, for a period of five (5) years each (the "Renewal Terms"). The Renewal Terms shall be on the same terms and conditions as set forth in this Lease, except that rent shall be increased as provided in paragraph 5(b). This Lease shall automatically be renewed for the Renewal Terms unless: (1)Lessee notifies Lessor of Lessee's intention not to renew the Lease at least forty-five (45) days prior to the expiration of the Initial Term or the Renewal Term which is then in effect; or (2)Lessor notifies Lessee of Lessor's intention not to renew the Lease at least three hundred sixty (360) days prior to the expiration of the Renewal Term which is then in effect. 5. Consideration (a) Initial Term. Lessee shall pay to Lessor as rental the sum of Thirty Thousand Dollars ($30,000.00) per annum ("Lease Payment"). The Lease Payment shall be increased annually commencing one (1) year from the Commencement Date of this Lease at a rate equal to four (4%) percent of the previous year's rental. The Lease Payment shall be paid annually in advance with the first such annual payment due on the Commencement Date and thereafter on each anniversary of the Commencement Date, partial years to be pro-rated. 3 60 (b) Renewal Term. In the event that Lessee elects to renew this Lease as provid:d in paragraph 4, the Lease Payment shall be increased each year of the Renewal Terms R commencing with the first year of the first Renewal Term) at the rate of five (5%) percen of the previous year's Lease Payment. (c) Reimbursement of Costs. In addition to the Lease Payments provided for in par.:raphs 5(a) and (b) above, and any other costs of Lessee identified elsewhere in this L::se, Lessee shall reimburse Lessor for all of Lessor's costs to directly implement, admin'.ter, and enforce this Lease, with copy of detailed invoice submitted to Lessee from 1 essor, including, without limitation: (i) Lessor's costs to retain a structural engine!r or other consultant to review Lessee's plans for installation of the Equipment and to spect the Equipment upon installation and annually, if determined necessary by Lessor, (ii) Lessor's costs to retain a Radio Frequency Engineer to identify or resolve any potent';1 or actual interference issues with Lessee's Equipment at the commencement of servic: by Lessee and at such other times as deemed necessary by Lessor; and (iii)L:.sor's legal fees and other consultant costs associated with the negotiation, admin'.tration, and enforcement of this Lease. (d) Taxes. Lessee shall reimburse Lessor for any personal property or other taxes 1:vied against the Property or Lessor as a result of the installation and operation of Lessee s Equipment on the Property. (e) Security Deposit. To secure payment for the reimbursement of costs provid:d for in this Lease, Lessee shall deliver to Lessor a cash escrow in the amount of $15,001.00 prior to installing any equipment or antennas on the Property. Lessor shall hold t s security until all of the work contemplated by this Lease is completed and all amoun`s due for reimbursement of costs pursuant to this Lease have been paid by Lessee, and sh:11 release the security to Lessee at that time. Lessor may deduct from the security any a Iunts due under this Lease and unpaid 30 days after written demand by Lessor. 6. Utiliti.s Lessee at Lessee's expense, will arrange for separate metering for all required electrical or other utili connections to support the Equipment, and shall promptly pay all utility costs directly to the tility providers when due. 7. Water Tower Purpose Lessee recognizes that the primary function of the Water Tower is to provide water storage for Le sor and its customers. Lessee understands that it will be necessary, from time to time, for Lesser to interrupt Lessee's use of the Property for maintenance of the Water Tower. Lessor shall p'e vide Lessee with at least ninety(90) days prior written notice for non-emergency maintenance . d, if requested by Lessor, Lessee agrees to remove its Equipment from the Water Tower for s I h length of time as Lessor shall require to complete the maintenance (the "Maintenance Period"). If required to remove its Equipment, Lessee shall have the right to temporarily re ocate its Equipment as provided below. Alternatively, Lessee may terminate this Lease upon t rty (30) days written notice to the Lessor at any time during the Maintenance 4 61 Period and neither party shall have any further rights or obligations arising hereunder, except Lessee shall have the duty to remove its Equipment as set forth herein, repairing any damage caused in the process, and the parties shall have those rights and obligations that are to survive the termination of this Lease. Lessee, at its sole cost and expense, may temporarily relocate its Equipment during a Maintenance Period to a different location on the Water Tower provided, however: (a)that the duration of such relocation shall not exceed the Maintenance Period; (b)that relocation space is available on the Water Tower at a location sufficient to meet Lessee's coverage or engineering needs and sufficient to allow the required maintenance to be performed by Lessor; (c)that the temporary location is not being used or intended to be used by Lessor; (d)that the relocation will not cause interference with any other equipment located on the Water Tower; (e)that the temporary location will not interfere with the Lessor's maintenance or use of the Water Tower; and(f)that Lessor has approved relocation to the temporary location in writing. Alternatively, Lessee, at its sole cost and expense, may use a temporary transmission site, or Cellular on Wheels ("COW"), during the Maintenance Period, provided that the location of the COW is approved in writing in advance by Lessor. The cost of painting and repairing the Water Tower shall be borne by Lessor, unless damage to the Water Tower is caused by Lessee, in which case Lessee shall repair such damage or, at Lessor's option, reimburse Lessor for Lessor's costs and expenses incurred in such repair. The cost of painting Lessee's Equipment shall be borne by Lessee, and shall be performed routinely to maintain the appearance of the Equipment and shall be the same color as the Water Tower and must have prior written approval of Lessor. Lessor will not be responsible for damage to the Lessee's equipment while Lessor is performing maintenance on the Property or the Water Tower, except to the extent such damage is caused by the gross negligence or willful misconduct of Lessor. 8. Representations and Warranties of Lessee (a) Lessee represents and warrants that its installation, operation and maintenance of the Equipment shall comply with all Regulatory Requirements. (b) Lessee shall indemnify, defend and hold Lessor harmless from any claim against Lessor related to Lessee's installation, operation and maintenance of the Equipment, including, without limitation, any claims of contractors and subcontractors and/or any claims of any person or entity for damages or injury related to the installation, operation and maintenance of its Equipment. 9. Termination Except as otherwise provided herein, this Lease may be terminated upon written notice as follows: (a) By either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of 5 62 defaul 1 (without, however, limiting any other rights available to the parties pursuant to other 8 ovisions hereof); (b) Upon thirty (30) days written notice by Lessee if Lessee is unable to obtain or maintain, through no fault of Lessee, any license, permit or other governmental appro a necessary for the construction and operation of the Lessee's Equipment or business, including its ability to manage a PCS network pursuant to which the space is leased nd the Equipment will be installed; or (c) By Lessor by giving Lessee twelve (12) months written notice that the Water ower is going to be abandoned or relocated. (d) By Lessee giving twelve (12) months written notice that use of the Prope 16 is unacceptable for technical reasons, including the Property being unacceptable as part .f Lessee's network design as well as signal interference. (e) By Lessor by giving Lessee: (i)twelve (12) months written notice that a Priori User needs to use the Property for a use which is incompatible with Lessee's use of the Property; or (ii)thirty (30) days written notice that Lessee's Equipment is unreas is nably interfering with the Equipment of a Priority User, provided that Lessor first gives I essee written notice of such interference and thirty (30) days within which to resoly; such interference with the Priority User. Lessee may terminate this Lease other than as expressly provided above at any time, so long a'. Lessee pays to Lessor as liquidated damages for early termination, twelve (12) month, of the then current rent for the year in which Lessee terminates. Such payment shall b: made within thirty(30) days of Lessee's written notice of termination. In the vent of termination of this Lease, the Lessee must remove all of its Equipment from the Wat,1 Tower and the Property and return the Water Tower and the Property to their original condi on (as of the Commencement Date of this Lease), normal wear and tear excepted. Lessee shall of ovide Lessor, at the Commencement Date of this Lease, a letter of credit or performance s.nd or cash ("Security") in the amount of$10,000 to secure Lessees compliance with this requ ement. The Security shall be kept current at all times that this Lease is in effect, and failure to seep the Security current shall constitute a default by Lessee. In add ion to termination of this Lease, Lessor shall have all other rights and remedies available to it t law or in equity (including an action for money damages or injunctive relief) in the case of a I essee default that remains uncured for a period of thirty (30) days after written notice to Less`e; provided however that if a non-monetary default cannot reasonably be cured within the 30-c ay period, this Lease may not be terminated if Lessee commences action to cure the default with in the 30-day period and proceeds with due diligence to fully cure the default.. 10. Liabil y Insurance During the Initial Term and the Renewal Terms, Lessee shall maintain, at its own expense, insu .nce covering claims for public liability, personal injury, death and property damage under a policy of general liability insurance, with limits of not less than One Million 6 63 Dollars ($1,000,000.00) per person and Two Million Dollars ($2,000,000.00) per occurrence, and property damage insurance of not less than Fifty Thousand Dollars ($50,000.00). Such insurance shall insure both Lessee and Lessor(as an additional insured) against liabilities arising out of or in connection with Lessee's use or occupancy of the Property subject to the standard exceptions found in the Commercial General Liability Insurance Policy. Landlord shall also carry general liability and property damage insurance. 11. Environmental Compliance Lessee warrants, represents and covenants that it will not bring on to the property, and its use on the Property will not generate, any Hazardous Materials, except if approved by Lessor. This Lease may be terminated by Lessor immediately if Lessee is responsible for Hazardous Materials being on the Property. In such event Lessee shall be responsible for the removal of all such Hazardous Materials from the Property and shall be liable to Lessor for any costs incurred by Lessor to remove or clean up Hazardous Materials from the Property and shall indemnify, defend and hold harmless Lessor for any liability due to the Hazardous Materials being on the Property. Lessor represents and warrants to Lessee that it has no knowledge, having done no investigation relating thereto, of any substance, chemical or waste on or affecting Lessor's Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation(collectively"Hazardous Materials"). 12. Interference Lessee covenants that the Equipment will not cause interference with the operation of any Priority Users. Lessee shall be responsible for curing any and all interference to the operation of equipment of Priority Users, so long as Priority Users are lawfully operating. Subsequent to the installation of the Lessee Equipment, other than Priority Users, Lessor will not permit its lessees or licensees to install new equipment on or make any alterations to the Water Tower, if such equipment or modifications cause interference with the operation of Lessee's Equipment. 13. Subrogation (a) In General. All insurance policies required under this Lease shall contain a waiver of subrogation provision under the terms of which the insurance carrier waives all of its rights to proceed against Lessor or Lessee, as the case may be. (b) Mutual Release. Lessor and Lessee each release the other and their respective representative from any claims by them or anyone claiming through or under them by way of subrogation or otherwise for damage to any person or to the Property and to the fixtures, personal property, improvements and alterations in or on the Property that are caused by or result from risks insured against under any insurance policy carried by them and/or required by this Lease. 14. Notices All notices or demands by or from Lessor to Lessee, or Lessee to Lessor, shall be in writing. Such notices or demands shall be mailed to the other party at the following address: 7 64 Lessor: City of Elk River c/o Elk River Municipal Utilities Attn: General Manager 13069 Orono Pkwy P.O. Box 430 Elk River, MN 55330-0430 Lessee: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate 15. Destruction of Premises If the Property or the Water Tower are destroyed or damaged so as to hinder the effective use of Lessee's Equipment on the Water Tower in Lessee's reasonable judgment, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor. In such event, all rights and obligations of the parties to each other Lessee to Lessor shall cease as of the date of the damage or destruction (other than those obligations intended to survive the termination of the Lease), and Lessee shall be entitled to a pro rata reimbursement of any rent prepaid by Lessee. In the case of such termination, Lessee shall promptly remove its Equipment from the Property, repairing any damage caused in the process. 16. Title and Quiet Enjoyment Lessor warrants that: (i) it has the full right, power and authority to execute this Lease; and(ii) it has good and marketable title to the Property. 17. Assignment Lessee may not assign or sublet its rights under this Lease' without the prior written consent of Lessor, which consent may be conditioned or withheld by Lessor, in Lessor's sole discretion. Notwithstanding the foregoing, Lessee may, without notice to or consent of Lessor, assign its rights under this Agreement in whole or in part to any entity controlling, controlled by or under common control with Lessee, any entity acquiring substantially all of the assets of Lessee, or any successor entity in a merger or consolidation involving Lessee. 18. Successors and Assigns This Lease shall run with the Property described on Exhibit A and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns. 8 65 19. Miscellaneous (a) Each party agrees to furnish to the other, within twenty (20) days after receipt of written request, such truthful estoppel information as the other may reasonable request. (b) This Lease constitutes the entire agreement and understanding of Lessor and Lessee with respect to the subject matter hereof 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 Lease must be in writing and executed by Lessor and Lessee. (c) If either Lessor or Lessee is represented by a real estate broker in this transaction, that party shall be fully responsible for any fees due such broker and shall hold the other party harmless from any claims for commission by such broker. (d) This Lease shall be construed in accordance with the laws of the state in which the Property is situated. (e) If any term of this Lease is found to be void or invalid, such validity shall not affect the remaining terms of this Lease,which shall continue in full force and effect. (f) Lessor shall cooperate, at no cost to Lessor, with Lessee's efforts to evaluate the Water Tower and to comply with governmental regulations affecting Lessee's use of the Property by providing information about the Water Tower, the Water Tower's location and prior filings made by Lessor with governmental agencies. (g) Neither this Lease, nor a memorandum of same, shall be filed in the public records without the prior written consent of Lessor. (h) This Lease may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties, it being understood that all parties need not sign the same counterpart. 9 66 IN WITNESS WHEREOF, Lessor and Lessee have executed this Non-Exclusive Tower Attachment Lease Agreement as of that date and year first above written. LESSOR: The City of Elk River By: _ Its: By: _ Its: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: _ Lynn Ramsey Its: Area Vice President Network Date: 10 67 Exhibit A TOWER ATTACHMENT LEASE AGREEMENT DESCRIPTION OF THE PROPERTY: Lots 2 and 3, Block 1, Civic Campus Addition. 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FIBREBOND ST:11'-6" X 29'-5 1/2" PREFABRICATED EQUIPMENT SHELTER 2. 50KW GENERATOR INSIDE OF EQUIPMENT SHELTER 3. (6) PANEL ANTENNAS MOUNTED AT 157'-0' CENTERUNE 4. (2) 6RRU TRUNK CABLES FROM EQUIPMENT SHELTER TO 'X' SECTOR 1 5. (4) 2RRU TRUNK CABLES FROM 'X' SECTOR TO Y & 'Z' SECTORS 6. (2) MAIN DISTRIBUTION BOXES (2 AT 'X' SECTOR) 7. (4) SECTOR BOXES (2 EACH AT Y & 'Z' SECTORS) 8. (6) RRU BOXES (2 AT EACH SECTOR) 1 I 1 I EXISTING TREE (TYP.) PROPOSED 12'WIDE 1 UTILTY EASEMENT 1-- PROPOSED 11'-6"X -5 1/2' I EXISTING TRANSFORMER PREFABRICATED E. '' 2 SHELTER PROPOSED 1.X 40. SECTION LINE LAW SPACE EXISTING WATER TOWER EXISTING PROPERTY LINE 1 . fi.. x EXISTING FENCE ' Li /i(7‘r' 1 �1y x f A 1 / !� EXISTING BITUMINOUS 4:, I 1 I lt,' DRNES \ ��\ PROPOSED 20' WIDE 1 \ r®,® . RIGHT /uu � �rE t.N. lkittitotittoit".N.) pp 1 ' '. \\:44.---.,;-'.-:.-..:::,,..,7.\'''s'''.:1,7:4".:'7' - . .,at'A.17.... •.„7.7,77 ___+ u - —'�� 1� EXISTING �= —� : - — —; tea= ,' � BUILDING ��,�� uar uar wr wr-� EXISTING UNDERGROUND ��I UTILITY LINES I - — '11 .1 � f $ \� \� a . . �. * Z ila.c —w*—uar i -�`���- I — 1 aI 1 EXISTING PARCEL LINE 1 I I NORTH IIII VI I MINC 73 I CHEWBACCA i F : 1. (6) PANEL ANTENNAS MOUNTED AT THE 157-0'CENTERLINE(2 PER SECTOR) 2. (2) MAIN DISTRIBUTION BOXES MOUNTED BEHIND ANTENNAS AT THE 'X' SECTOR 3. (2)SECTOR BOXES MOUNTED BEHIND ANTENNAS AT THE Y &'2' SECTORS 4. (6) RRU BOXES MOUNTED BEHIND ANTENNAS AT EACH SECTOR (2 PER SECTOR) 5. (2) 6RRU TRUNK CABLES FROM EQUIPMENT SHELTER TO 'X'SECTOR 6. (4) 2RRU TRUNK CABLES FROM 'IP SECTOR TO Y & 'Z'SECTORS OVERALL STRUCTURE HEIGHT 164.2' AGL (6) PROPOSED PANEL ANTENNAS (1YP. OF 2 PER SECTOR) PROPOSED LESSEE ANTENNA SPACE ANTENNA CENTERLINE HEIGHT EXISTING ANTENNAS 157.00'AGL N ll �--BY OTHERS 4 WATER TOWER HEIGHT i.■ 152.42'AGL City of ` Elk 1 River \ / MINC 3 ' CHEWBACCA