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7.2. EDSR 10-21-2019Request for Action To Item Number Economic Development Authority 7.2 Agenda Section Meeting Date Prepared by General October 21, 2019 Amanda Othoudt, EDD Item Description Reviewed by Verizon Temporary Cell Tower Site Cal Portner, City Administrator Reviewed by Action Requested Approve, approve with conditions, or deny the execution of an Interim Use Permit to install a temporary cell tower on the property located at 17610 Tyler Street NW. Background/Discussion Verizon Wireless is proposing to install a temporary cell tower on property owned by the EDA at 17610 Tyler Street NW. Verizon is currently located on property owned by Great River Energy (GRE), however they are in the process of decommissioning their plant. A temporary site will allow Verizon Wireless to maintain wireless service in Elk River while they move off their existing site to a permanent location on a nearby, existing cell tower. Verizon is seeking to secure zoning approval from the city through an Interim Use Permit (IUP) to install a temporary cell tower on the property. Verizon Wireless is requesting the approval of the EDA, as the owner of the property, to move forward with an IUP application to the city. Due to the federal regulatory process and real estate due diligence requirements, Verizon may not be able to relocate to the permanent site before the existing site on Great River Energy’s plant is turned down. Therefore, a temporary cell site will become necessary. They are requesting to lease a 75’ x 75’ area with rent of $8,000 per year. At minimum, Verizon may need the temp site for 6 months; at most, 24 months. The expense to build, operate, maintain, and eventually remove the site/equipment and restore the property would all be done at Verizon’s expense. Verizon will bring power and fiber optic into the temporary equipment, and would plan to do so via a temporary easement to and from the lease area. A draft temporary site lease agreement is attached for reference. Staff is working with our attorney on the language provided in the agreement, and will ensure that the property will continue to be marketed for industrial use. If the EDA is in favor of allowing Verizon to install a temporary cell tower on EDA property, the EDA would be required to execute the IUP application and direct staff to negotiate the lease agreement on The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity behalf of the EDA. Verizon would be required to follow all standard procedures as it relates to the construction of a temporary structure. City approval of the IUP does not give Verizon the authorization to install any temporary structures on the property without an executed lease. Staff will bring the lease agreement back to the commission for action at their November 18, 2019, meeting. Financial Impact A temporary lease will add up to $8,000 in the general EDA Fund. Attachments  Aerial Photo of Site  Temporary site lease agreement (draft)  Site Plan 37 6.2 © Bolton & Menk, Inc - Web GIS 0 Legend 17610 Tyler Street NW This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Elk River is not responsible for any inaccuracies herein contained. Disclaimer: 10/17/2019 3:00 PM 263 Feet City Limits Urban Service Area Parcels (1-24-2017) Park Areas SITE NAME: STC Elk River Temp AGREEMENT This Agreement made this ______ day of _______________, 20___, between (LICENSOR NAME TO BE INSERTED) with an address of (STREET, CITY, ST, ZIP) hereinafter referred to as “Licensor”, and ALLTEL Corporation d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter referred to as “Licensee”. 1. Licensor does hereby grant unto Licensee a license to use a seventy-five (75’) by seventy-five (75’) parcel located at (ADDRESS TO BE INSERTED), which parcel is hereinafter referred to as the “Property”, which is further described on Exhibit A attached hereto and made a part hereof, together with the right to place upon the Property a communications facility (“Facility”). The Licensor also grants unto the Licensee the non-exclusive right-of-way for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks. Said right-of-way and Property are generally described on Exhibit A attached hereto and made a part hereof. Further, the Licensee shall have the right to install and maintain conduits, pipes, cables and wires to its Facility within the Property as necessary to supply utility service and power to the Facility or as otherwise needed to service the Facility as reasonably determined by Licensee. 2. The term of this Agreement shall be for the period from _______________ to _______________. Comment \[BK1\]: $8,000 per year would 3. The Licensee shall pay to the Licensor a one-time fee of (AMOUNT TBD) probably be acceptable to Verizon – due to the payable within ninety (90) days of full execution of this Agreement. unknown duration of the temp site (6-24 months), we will need to work on this paragraph to come to an agreeable payment schedule. Perhaps a one-time 4. Licensee reserves the right to terminate this Agreement on thirty (30) days written payment; perhaps periodic partial payments (monthly, quarterly, etc.). notice and upon such termination, Licensee will remove all of its equipment and improvements and restore the Property to its original condition. It’s likely the term will be closer to 6 months than 24 months, but planning for longer is good to account for unknowns in the process of permanently 5. Licensor and Licensee shall indemnify and hold the other harmless against any relocating Verizon’s permanent telecommunications facility. claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors or agents. Licensee shall maintain at its own expense during the term of this Agreement, commercial general liability insurance with a combined single limit of $1,000,000.00 for bodily injury and property damage. The Licensee shall provide a certificate of insurance to the Licensor as proof of said coverage. Except with respect to the indemnification set forth in this paragraph, neither party shall be liable STC Elk River Temp COW Agreement 1156154v6 1 to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 6. Licensor covenants that Licensee, upon paying the amount set forth herein and performing the covenants set forth herein, shall peacefully and quietly have, hold and enjoy the Property. Further, Licensor covenants that Licensor is seized of good and sufficient title and interest to the Property and has full authority to enter into this Agreement. 7. This Agreement may be sold, assigned or transferred by Licensee to Licensee’s principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Licensee’s assets the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization, without the consent of the Licensor. As to any other parties, any sale, assignment or transfer must be with the written consent of the Licensor, which consent will not be unreasonably withheld. 8. All notices hereunder must be in writing and shall be sent certified mail, return receipt requested, to: LICENSOR: TO BE INSERTED LICENSEE: ALLTEL Corporation d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Signatures on following page Remainder of page intentionally left blank STC Elk River Temp COW Agreement 1156154v6 2 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LICENSOR: LICENSEE: (TO BE INSERTED) ALLTEL Corporation d/b/a Verizon Wireless By: Name: By: _________________________________ Its: Name: _______________________________ Its: __________________________________ Date:________________________________ Remainder of page intentionally left blank STC Elk River Temp COW Agreement 1156154v6 3 Exhibit A Description STC Elk River Temp COW Agreement 1156154v6 4 EXISTING PIPELINE EASEMENT �gkFs Rpgo NP, EXISTING SIDEWALK (TYP.)— I I I I LESSEE 75' X 75' PREMISES o� I II PROPOSED VZW EQUIPMENT COMPOUND (SEE SS -2) I` EXISTING PROPERTY LINE (TYP.) I I o i I I EXISTING BUILDING h 'V I I � 0 SITE PLAN SCALE: 1" = 80'-0" GRAPHIC SCALE 0 40- e0' EXISTING ELECTRICAL MARKER EXISTING FIBER HAND HOLE EXISTING BITUMINOUS PAVED ROAD (TYP.) LESSEE 20' ACCESS do UTILITIES EASEMENT EXISTING PARKING LOT 2z two co \ co w U) z / 0, LLI0 U J W W C) IF 0 coo Y acnW�w V.1 10-16-19 DRAWN BY: JP DATE: 10-16-19 SS -1 �, kh ZEXSTNG GRASS FIE_D / . PROPOSED 28' X 28' PRECAST FOUNDATION SYSTEM / PROPOSED FENCED AREA / PROPOSED 120' MONOPOLE k / / PROPOSED EQUIPMENT k / k \ LESSEE PREMISES DESIGNATED 13' X 26' AREA FOR C.O.W. EXISTING PROPERTY LINE i���M0 LESSEE TREE (TYP.) / K LYJ m=m� mwm� LESSEE ACCESS & UTILITIES EASEMENT PROPOSED TEMPORARY ABOVE GROUND FIBER OPTIC & POWER, CONTRACTOR TO COORDINATE SERVICE WITH APPROPRIATE UTILITY PROVIDERS LESSEE SIDEWALK G WZ W N W LL � w U) F— LL U WUY0 OBJ- Of U) w 0 co M Lo Z W Y J W NORTH V.1 10-16-19 0 SITE PLAN GRAPHIC SCALE DRAWN BY: JP SCALE: 1" = 20'-0" o ioDATE: 10-16-19' zo' SS -2