2.3 ERMUSR 07-08-2025______________________________________________________________________________
Page 1 of 1
UTILITIES COMMISSION MEETING
TO:
ERMU Commission
FROM:
Mark Hanson – General Manager
MEETING DATE:
July 8, 2025
AGENDA ITEM NUMBER:
2.3
SUBJECT:
Water Tower Attachment – Lease Amendment (Verizon)
ACTION REQUESTED:
Approve Amendment to Verizon’s Water Tower Attachment Lease Agreement, Auburn Tower
BACKGROUND:
On October 5, 2016, ERMU executed a non-exclusive tower attachment lease agreement for
our Auburn Street Water Tower with Cellco Partnership, doing business as Verizon Wireless.
This agreement allows Verizon to attach a specific number of cellular antennas to our water
tower and house the related system equipment at the base of the tower.
DISCUSSION:
Verizon has contacted ERMU for approval to replace the original antennas and equipment and
add additional antennas and equipment at this location. ERMU has negotiated that the original
agreement terms be applied to both the replacement and additional antennas and equipment.
The payment terms for the replaced antennas and equipment will remain the same as the
original agreement. The lease payment for the additional antennas and equipment will be six
percent (6%) of the annual lease payment required in the original agreement, prorated for the
first year.
ATTACHMENTS:
• Amendment to Verizon’s Water Tower Attachment Lease Agreement, Auburn Tower
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MIN Millennium (MDG# 5000045762) – First Amendment
235681v1
CORE/0762186.3625/200064107.2
First Amendment to
Non-Exclusive Tower Attachment Lease Agreement
This First Amendment to Non-Exclusive Tower Attachment Lease Agreement (“First
Amendment”) is executed this ____ day of _________________, 2025 by and between Elk
River Municipal Utilities (“Lessor”) and Cellco Partnership d/b/a Verizon Wireless (“Lessee”).
WHEREAS, Lessor and Lessee entered into a Non-Exclusive Tower Attachment Lease
Agreement on October 5, 2016 (the “Lease”); and
WHEREAS, the Lease allows the Lessee to install, maintain and operate a
telecommunications facility on Lessor’s property located at 19533 Auburn Street in the City of
Elk River (the “Property”); and
WHEREAS, Lessee has requested that the Lease be amended to allow Lessee, or its
authorized agents, to make the following modifications to Lessee’s existing telecommunications
facility on the Property:
• Replacement of existing antennas and other equipment, including cabling and
mounting apparatus;
• Installation of three (3) additional antennas; and
WHEREAS, Lessor agrees to amend the Lease, subject to the terms and conditions of this
First Amendment.
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. Additional Attachments
In addition to replacing the existing six (6) antennas, Lessee may install up to
three (3) new antennas and other equipment (collectively, the “New Antennas”) as shown
on the attached Amended Exhibit C.
2. Additional Rent
(a) As consideration for Lessee's modification of its equipment, commencing
on September 1, 2025, Lessee shall pay an additional Lease Payment for the remainder of
the current lease year (from September 1, 2025 to December 31, 2025) in the amount of
Two Thousand Five Hundred Sixty-Two and No/100 Dollars ($2,562.00). Lessee agrees
and acknowledges that the increase to the current Lease Payment equals 6% of the 2025
calendar year Lease Payment, prorated for the remainder of the calendar year. Such
increased payment shall become part of the Lease Payment due under Section 5(a) of the
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MIN Millennium (MDG# 5000045762) – First Amendment
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CORE/0762186.3625/200064107.2
Lease, and commencing January 1, 2026, and on each January 1 thereafter during the
remaining term of the Lease, shall increase at the same rate and in the same manner as
provided in said Section.
(b) Lessee acknowledges and agrees that it may not commence work on its
equipment modifications prior to September 1, 2025.
3. Deposit
Lessee shall reimburse Lessor for all of Lessor’s costs to consider, prepare, and
administer this First Amendment, as provided in Section 5(c) of the Lease. In order to
secure this reimbursement obligation, Lessee shall submit a cash Deposit (“Deposit”) to
Lessor in the amount of Fifteen Thousand and 00/100 Dollars ($15,000) prior to
installing any New Antennas on the water tower. The Deposit shall be held by Lessor and
applied to Lessor’s reimbursable costs (including engineering fees and other third party
costs incurred by Lessor in connection with Lessee's installation of the New Antennas).
Lessor shall provide Lessee with an invoice together with reasonable supporting
documentation specifying the reimbursable costs that were deducted from the Deposit,
and return any portion of the Deposit remaining after reimbursement of such costs within
thirty (30) days of accessing such Deposit. Lessee shall further be liable to Lessor for
reimbursable costs incurred by Lessor in connection with Lessee's installation of the New
Antennas to the extent such costs exceed the amount of the Deposit. Such additional
amount will be paid within thirty (30) days following receipt of an invoice together with
reasonable supporting documentation evidencing such costs.
4. Notices
Lessee's notice address under Section 14 of the Lease is deleted in its entirety and
replaced with the following:
Cellco Partnership
d/b/a Verizon Wireless
Attention: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07920
With a copy to:
Basking Ridge Mail Hub
Attn: Legal Intake
One Verizon Way
Basking Ridge, New Jersey 07920
5. New Exhibit C
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MIN Millennium (MDG# 5000045762) – First Amendment
235681v1
CORE/0762186.3625/200064107.2
The Lease is hereby amended to substitute the attached “Amended Exhibit C” in
place of the existing Exhibit C to the Lease. No new equipment shall be brought to the
Property or installed until Amended Exhibit C, attached to this First Amendment, is
approved in writing by Lessor. All of Lessee’s equipment, new and existing, shall at all
times be located entirely within the leased area identified in the Lease.
6. Compliance with Lease
Except as specifically modified by this First Amendment, the Lease shall remain
in effect pursuant to its terms, and Lessee shall strictly follow the requirements of, and
obtain approvals required by, the Lease, and shall fully comply with the Lease in all other
respects. Lessee shall reimburse Lessor for all of Lessor’s costs to consider, prepare and
administer this First Amendment as provided in Section 5(c) of the Lease.
7. Authority
Each of the parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this First
Amendment.
8. Future Amendments
Neither this First Amendment nor the Lease may be modified in any other way
except in writing approved and signed by both parties.
[SIGNATURE PAGE FOLLOWS]
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MIN Millennium (MDG# 5000045762) – First Amendment
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CORE/0762186.3625/200064107.2
IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment to
Non-Exclusive Tower Attachment Lease Agreement as of the date and year first above written.
LESSOR:
ELK RIVER MUNICIPAL UTILITIES
By:
Printed Name:
Its: Chair
Date:
By:
Printed Name:
Its: General Manager
Date:
LESSEE:
CELLCO PARTNERSHIP
D/B/A VERIZON WIRELESS
By:
Printed Name:
Its:
Date:
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Amended Exhibit C
See Attached
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