HomeMy WebLinkAboutAntenna LeaseCITY OF KT. JOSEPH
Council Agenda Item
MEETING DATE: November 6, 2008
AGENDA ITEM: Antenna Lease
SUBMITTED BY: City Attorney's Office
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The Council authorized Verizon to place antennas on the water tower
and established a rate for the same. Verizon was required to meet our specifications for painting and
the Council approved the execution of the Lease for the equipment. It has been a long process to
finalize this document and Sue Dege at the attorney's office has finally been able to receive the
necessary documentation to finalize. She also realized that Verizon had more towers than they were
submitting payment for. They have agreed to pay the back rent and execute the agreement. We ask
that the Council amend the agenda allow execution of the agreement, either through consent or under
Administrator Reports.
BUDGET/FISCAL IMPACT: $ 20,624 + additional monthly costs. Note, these funds go to
the water fund not the general revenue.
ATTACHMENTS: Lease Agreement, emails.
REQUESTED COUNCIL ACTION: Authorize execution of the lease agreement between Verizon and the
City of St. Joseph for the location of antennas on the water tower.
STCC St. Joseph
AMENDMENT NO. 1 TO COMMUNICATIONS SITE LEASE AGREEMENT (TOWER)
This Amendment No. 1 to Communications Site Lease Agreement ("Amendment")
between the City of St. Joseph ("Lessor") and Verizon Wireless (VAW) LLC d/b/a Verizon
Wireless ("Lessee") is an amendment that is hereby made a part of and incorporated into that
Communications Site Lease Agreement dated February 2, 1999 ("Agreement") between Lessor
and US West Wireless, L.L.C. ("Qwest").
A. Qwest and Lessee have entered into an agreement under which Qwest has
assigned all of its leasehold interests, rights and obligations in the Agreement to Lessee, and
Lessee has assumed the same from Qwest.
B. Exhibit A of the Agreement is deleted in its entirety and replaced with Exhibit A-
1, which is attached hereto and made a part hereof.
C. The Agreement is amended to allow an installation consistent with Exhibit B-1,
which is attached hereto and made a part hereof. Lessee's installation shall be governed by the
following conditions:
1. Lessee's antennas shall be mounted so that the antennas are clear of the painter's
ring on the water tower.
2. Lessee's antenna support brackets, to be mounted on the fluted column below the
painter's ring shall be affixed by means of a bolted connection. The openings for the coax cable
shall be a 1" diameter penetration of the fluted column and shall be sealed with a Valmont
Microflex firewall grommet.
3. Mechanical cutting and plasma cutting will be permitted with touch up painting as
necessary. No open flame cutting will be permitted.
4. Two protective bollards shall be installed on each side of the PVC coax cable
conduit.
5. Lessee shall follow the Painting and Painting Repair Guidelines for Antenna
Installations on Watex Towers attached hereto and incorporated herein as Exhibit C-1.
6. Lessee shall at Lessee's expense make any reasonable modifications necessary to
maintain safe and efficient access to the tower by City maintenance staff.
7. Such additional reasonable instructions as the City Engineer deems necessary.
8. Installation and removal shall be subject to inspection by the City Engineer.
STCC St. Joseph
Amendment No. 1
754005v4
The above conditions shall control over any contrary provisions contained in Exhibit B-l
Notwithstanding any contrary provision in the Agreement, Lessee shall have the right to replace,
upgrade, repair or otherwise modify its equipment or any portion thereof, whether the equipment
is otherwise specified with the inspection and approval of the City Engineer, which such
inspection and approval shall not be unreasonably conditioned or delayed. Approval may be
withheld if the resulting equipment differs materially in size, shape or location from the current
approved installation. The equipment shelter shall be constructed in accordance with the plans
and specifications approved by the Lessor, attached hereto and incorporated herein as Exhibit B-
1. The shelter shall be located on the premises as shown in the site plan attached hereto and
incorporated herein as Exhibit B-1. The equipment shelter shall be constructed to resemble the
adjacent Welcome Center. Lessee's shelter cannot interfere with the power to the water tower or
interfere with the existing light fixtures. Lessee will maintain the shelter in good condition,
reasonable wear and tear excepted. Lessor agrees to plow the access road to the tower site, and
Lessee shall plow the access route to the equipment shelter as it deems necessary.
D. Notwithstanding any contrary provision in the Agreement, upon termination of
the Agreement, the equipment shelter shall be transferred "AS IS" and "WHERE IS" to Lessor
pursuant to a quit claim bill of sale in the form attached hereto as Exhibit D-1.
E. Lessee has been advised of the potential for water release from the tower
overflow pipe which discharges at the base of the tower near the new building or from an
unintentional overflow from the roof of the tower. Lessee assumes full responsibility for water
related damages to the shelter and/or its contents caused by the unintentional release of water
from the tower and waives any and all rights of action against Lessor for negligence which may
arise on account of damage to shelter and/or its contents resulting from a release.
F. Notwithstanding any contrary provision in the Agreement, within sixty (60) days
of the full execution of this Amendment, Lessee shall pay the Lessor the sum of Twenty Three
Thousand Six Hundred and Seven and 34/100 Dollars ($23,607.34) for increased rent from
November 1, 2005 through September 30, 2008. Effective October 1, 2008, monthly rent shall
be increased to One Thousand Two Hundred and One and 00/100 Dollars ($1,201.00) per month
("Rent"). The Rent shall increase by three percent (3%) on February 1, 2009, and February 1st
of each year thereafter. Within sixty (60) days of the full execution of this Amendment, Lessee
shall pay any difference between the increased monthly Rent amount due pursuant to this
Amendment and the rent actually paid to Lessor for the month of October 2008 and any
applicable subsequent months.
G. Notwithstanding any contrary provision in the Agreement, the Agreement may be
sold, assigned or transferred by Lessee without any approval or consent of Lessor to Lessee's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or
substantially all of Lessee's assets in the market defined by the Federal Communications
Commission in which the property is located by reason of a merger, acquisition or other business
reorganization. As to other parties, the Agreement may not be sold, assigned or transferred
without the written consent of Lessor, which such consent will not be unreasonably withheld,
conditioned or delayed.
STCC St. Joseph 2
Amendment No. 1
754005v4
H. Lessee's address for notice is hereby replaced with the following:
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
I. Except as expressly set forth herein, all other terms and conditions of the
Agreement shall remain unmodified and in full force and effect, and the parties hereby confirm
and ratify such terms and conditions and agree to perform and comply with the same.
J. Lessee shall be solely responsible for any additional cost that Lessor incurs for
repairing the tower, or for painting the interior or exterior surfaces of the tower due to the
installation, operation, and maintenance of Lessee's equipment. Lessee shall cooperate with
Lessor and shall bear the cost of temporarily removing cables or equipment to facilitate repair or
repainting of the tower. Lessee may install a temporary mobile communication facility during
the repair or repainting of the tower.
IN WITNESS WHEREOF, Lessor and Lessee have signed this Amendment as of the
dates written below.
LESSOR:
City of St. Joseph
By:
Name:
Its: Mayor
Date:
By:
Name:
Its: City Clerk
Date:
STCC St. Joseph
Amendment No. 1
LESSEE:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
Beth Ann Drohan
Its: Midwest Area Vice President -Network
Date:
Acknowledgments on following page.
3
754005v4
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF
ss.
On this day of
Public in and for the State of Minnesota, duly
and
200_, before me, the undersigned, a Notary
commissioned and sworn, personally appeared
the Mayor and City Clerk of
the City of St. Joseph, a Minnesota 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
My appointment expires:
LESSEE ACKNOWLEDGMENT
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
On this day of , 200_, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Midwest Area Vice President -Network of Verizon Wireless
(VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she 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.
STCC St. Joseph
Amendment No. 1
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
4
754005v4
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY:
Lots seven (7), Eight (8), Nine (9) and Ten (10),' in Block Twenty-five (25), to PETER LOSO' S
ADDITION TO ST. JOSEPH, according to the recorded plat and survey thereof, Stearns County,
Minnesota; together with that part of North Street located adjacent to said above legally
described lots as dedicated in the recorded plat of PETER LOSO'S ADDITION TO ST.
JOSEPH; and
That part of Lot 1, Block 1, NORTH PARK THIRD ADDITION, and North Street, as dedicated
in PETER LOSO'S ADDITION TO ST. JOSEPH, according to the recorded plats thereof and
situate in Stearns County, Minnesota described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 10, Township 124
North, Range 29 West of the Fifth Principal Meridian, said Stearns County; thence South 89
degrees 21 minutes 36 seconds West, bearings based on Stearns County Coordinate Grid, along
the north line of said Northwest Quarter a distance of 1,020.49 feet; thence South 27 degrees 00
minutes 21 seconds West a distance of 1,479.84 feet to the point of beginning of the lease area to
be described; thence South 62 degrees 59 minutes 39 seconds East a distance of 36.00 feet;
thence South 27 degrees 00 minutes 21 seconds West a distance of 18.00 feet; thence North 62
degrees 59 minutes 39 seconds West a distance of 36.00 feet; thence North 27 degrees 00
minutes 21 seconds East a distance of 18.00 feet to said point of beginning.
LEGAL DESCRIPTION OF THE EQUIPMENT AREA:
That part of Lot 1, Block 1, NORTH PARK THIRD ADDITION, and North Street, as dedicated
in PETER LOSO'S ADDITION TO ST. JOSEPH, according to the recorded plats thereof and
situate in Stearns County, Minnesota described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 10, Township 124
North, Range 29 West of the Fifth Principal Meridian, said Stearns County; thence South 89
degrees 21 minutes 36 seconds West, bearings based on Stearns County Coordinate Grid, along
the north line of said Northwest Quarter a distance of 1,020.49 feet; thence South 27 degrees 00
minutes 21 seconds West a distance of 1,479.84 feet to the point of beginning of the lease area to
be described; thence South 62 degrees 59 minutes 39 seconds East a distance of 36.00 feet;
thence South 27 degrees 00 minutes 21 seconds West a distance of 18.00 feet; thence North 62
degrees 59 minutes 39 seconds West a distance of 36.00 feet; thence North 27 degrees 00
minutes 21 seconds East a distance of 18.00 feet to said point of beginning.
Said equipment area contains 648 square feet.
STCC St. Joseph 5
Amendment No. 1
754005v4
EXHIBIT D-1
QUIT CLAIM BILL OF SALE
FOR VALUABLE CONSIDERATION, Verizon Wireless (VAW) LLC dlb/a Verizon Wireless,
Seller, sells and conveys to the City of St. Joseph, Buyer, the following personal property: Seller's
equipment shelter (excluding all equipment in the shelter) located on the following real property:
That part of Lot 1, Block 1, NORTH PARK THIRD ADDITION, and North Street, as dedicated in
PETER LOSO'S ADDITION TO ST. JOSEPH, according to the recorded plats thereof and situate in
Stearns County, Minnesota described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 10, Township 124 North,
Range 29 West of the Fifth Principal Meridian, said Stearns County; thence South 89 degrees 21
minutes 36 seconds West, bearings based on Stearns County Coordinate Grid; along the north line of
said Northwest Quarter a distance of 1,020.49 feet; thence South 27 degrees 00 minutes 21 seconds
West a distance of 1,479.84 feet to the point of beginning of the lease area to be described; thence
South 62 degrees 59 minutes 39 seconds East a distance of 36.00 feet; thence South 27 degrees 00
minutes 21 seconds West a distance of 18.00 feet; thence North 62 degrees 59 minutes 39 seconds
West a distance of 36.00 feet; thence North 27 degrees 00 minutes 21 seconds East a distance of
18.00 feet to said point of beginning.
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF
THE PERSONAL PROPERTY OR ITS MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS BILL OF SALE, BUYER
ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND
BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS"
CONDITION.
BUYER ACKNOWLEDGES THAT THE PERSONAL PROPERTY IS NOT ON REAL
PROPERTY OWNED BY BUYER OR SELLER AND THAT THE PERSONAL PROPERTY
MAY NEED TO BE MOVED BY BUYER.
This Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in such personal
property.
Buyer hereby forever releases, relieves, discharges and covenants not to sue Seller for any and all,
claims, liabilities, demands, costs and expenses (including attorneys' fees), actions, proceedings,
causes of action of any kind, known or unknown, claimed or concealed, based on any theory
whatsoever, which Buyer has, ever had, or ever claims to have ever had against Seller, which are
related to condition or location of the personal property.
This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related
to the sale of the personal property, may not be altered except by a written instrument signed by both
parties, and shall be construed in accordance with the laws of the State of Minnesota.
[Signature blocks and acknowledgments to be added]
STCC St. Joseph
Amendment No. 1
8
754005v4
SECTION 099715
COATING SYSTEMS FOR TELECOMUNICATION EQUIPMENT
PART 1 GENERAL 1. Do not use hydrocarbon solvents on
surfaces to be coated with water-based
1.01 SUMMARY coatings.
A. Section includes painting and painting
repair work associated with the installation
of antennas, coaxial cables, and other
common components with direct attachment
to Water Tank Facilities.
1.02 REFERENCES
B. Clean and remove all rust, slag, weld
splatter, weld scabs, mill scale, and loose
paint.
C. Protect areas adjacent to welding and or
grinding operations to prevent damage of
surrounding intact paint system.
A. Society for Protective Coatings (SSPC):
www.sspc.or~g
1. Volume 1: Good Painting Practice
2. Volume 2: Systems and Specifications
1.03 SUBMITTALS
A. Product Data
1. Submit data sheet for each coating
system.
PART 2 PRODUCTS
2.01 MATERIALS
A. Manufacturers
1. Sherwin Williams Company
www.sherwin-williams.com
2. Tnemec Company www.tnemec.com
3. X-I-M Products www.ximbonder.com
PART 3 EXECUTION
3.01 EXAMINATION
A. Visually evaluate surface preparation by
comparison with pictorial standards of
SSPC-VIS-1-89.
3.02 PREPARATION
A. Remove all surface contaminants in
accordance with SSPC-SP1 Solvent
Cleaning.
D. Ferrous Metal: SSPC-SP6 Commercial
Blast Cleaning
E. Galvanized Steel: SSPC-SP7 Brush Off
Blast
F. Antenna Covers, Coaxial Cable, Non-
Metallic Substrates and previously painted
surfaces: Scarify to de-gloss. SSPC-SP1
with anon-hydrocarbon solvent.
G. Surface profile shall be in accordance with
manufacturer's product recommendation.
H. Re-blast all surfaces:
1. Where rusting has recurred.
2. That do not meet the requirements of
these specifications.
3.03 APPLICATION
A. Coatings shall be applied in accordance with
manufacturer's printed instructions.
B. Surfaces to be coated shall be clean, dry,
and free of airborne dust and contaminants
at the time of application and while film is
forming.
C. Finish coat shall be uniform in color and
sheen without streaks, laps, runs, sags or
missed areas.
2/06 _ 1
D. Shop Painting: Tape-off (two-inch
minimum) surfaces that will be in the Heat-
Affected-Zone during field welding.
E. PAINTING
1. Interior Exposed Ferrous Metal and
Galvanized Steel:
a) Product:
Sherwin Williams Macropoxy 646
or Tnemec Series 161
1) Number of Coats: Two
2) Dry Film Thickness: 4.0 - 6.0
mils (per coat)
3) Color: By Owner
2. Exterior Exposed Ferrous 1VIeta1 and
Galvanized Steel:
a) Primer:
SherwinWilliams Macropoxy 646
or Tnemec Series 161
1) Number of Coats: One
2) Dry Film Thickness: 4.0-6.0 mils
3) Color: By Owner
b) Finish:
Sherwin Williams Acrolon 218
or Tnemec Series 1074/1075
1) Number of Coats: One
2) Dry Film Thickness: 2.0-3.0 mils
3) Color: By Owner
3. Antenna Covers
a) Primer:
Sherwin Williams Pro-Cryl Primer
1) Number of Coats: One
2) Dry Film Thickness: 2.0-4.0 mils
b) Finish: Sherwin Williams Sher-
Cryl HPA
1) Number of Coats: One
2) Dry Film Thickness:2.5 - 4.0 mils
3) Color: By Owner
4. Coaxial Cable
a) Primer: X-I-M 2137
1) Number of Coats: One
2) Dry Film Thickness:2.0-3.0 mils
b) Finish:
Sherwin Williams Sher-Cryl HPA
1) Number of Coats: One
2) Dry Film Thickness: 2.5 - 4.0 mils
3) Color: By Uwr-er
3.04 QUALITY CONTROL
A. Measure dry film thickness with a magnetic
film thickness gage in accordance with
S SPC-PA2.
B. Visually inspect dried film for funs, sags,
dry spray, overspray, embedded particles
and missed areas.
C. Repair defective or damaged areas in
accordance with Articles 3.02 and 3.03.
END OF SECTION
-2
2/06
Judy Weyrens
To: Susan M. Dege
Subject: RE: 00224-27185 ST JOSEPH, CITY OF -GENERAL 2008: RE: STCC St. Joseph
-----Original Message-----
From: Steve.Edwards@VerizonWireless.com
[mailto:Steve.Edwards@VerizonWireless.com]
Sent: Thursday, October 09, 2008 10:27 AM
To: Susan M. Dege
Cc: jweyrens@cityofstjoseph.com
Subject: RE: 00224-27185 ST JOSEPH, CITY OF
Joseph
- GENERAL 2008: RE: STCC St.
Susan,
As Brian Grogan mentions in his email the effective date is January 1,
2006 so Verizon is going to pay the back rent. As far as bringing the rent current, I hope to
have the agreement to you next week.
I'll keep you posted on the progress. Now that we have the agreement signed by the Housing
Authority we should be able to move this along.
Let me know if you have questions.
Steve
-----Original Message-----
From: Susan M. Dege [mailto:SDege@rajhan.com]
Sent: Thursday, October 09, 2008 10:16 AM
To: Edwards, Steve
Cc: jweyrens@cityofstjoseph.com
Subject: 00224-27185 ST JOSEPH, CITY OF - GENERAL 2008: RE: STCC St.
Joseph
Thanks for the update Steve. I see that Verizon is not going to contest that
date back to January 2006. Can you confirm that as the date of installation
additional antennas? Also, the City would like the back rent brought current
possible. What is your position on that?
Susan Dege
Rajkowski Hansmeier Ltd.
320-251-1055
sde~e~ara~han.com
1
the rent should
of the
as soon as
Judy Weyrens
From: Susan M. Dege [SDege@rajhan.com]
Sent: Tuesday, September 23, 2008 9:38 AM
To: Judy Weyrens
Subject: RE: 00224-27185 ST JOSEPH, CITY OF -GENERAL 2008:
Hi Judy:
You gave them credit for a few extra months in 2005. By my calculations, the amount owed is
$23,607.34. The demand letter will go out today.
Susan Dege
Rajkowski Hansmeier Ltd.
320-251-1055
sdege(a)raihan.com
This is a transmission from Rajkowski Hansmeier Ltd. and may contain information which is
privileged, confidential, and protected by the attorney-client or attorney work product
privileges. If you are not the addressee,-note that any disclosure, copying, distribution,
or use of the contents of this message is prohibited. If you have received this transmission
in error, please destroy it and notify my office immediately at our telephone number (320)
251-1055.
-----Original Message-----
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Monday, September 22, 2008 6:17 PM
To: Nadine R. Piasecki
Cc: Susan M. Dege
Subject: RE: 00224-27185 ST JOSEPH, CITY OF - GENERAL 2008:
Please find below a summary of the payments received. The attached are the details
Summary of Verizon Payments
2005 3,976.56
2006 5,964.84
2007 5,964.84
2008 3,976.56
Payments Received 19,882.80
Payments due per amendment (40,507.72)
Underpayment (20,624.92)
-----Original Message-----
From: Nadine R. Piasecki [mailto:npiasecki@rajhan.com]
Sent: Monday, September 22, 2008 10:16 AM
To: Judy Weyrens; Sarah Bialke
Cc: Susan M. Dege
Subject: 00224-27185 ST JOSEPH, CITY OF - GENERAL 2008:
Judy and Sarah,
Attached is the letter Sue proposes to send to Steve Edwards at Verizon Wireless. We need
you to fill in the blanks. Please get back to us with that information. Thank you.
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