HomeMy WebLinkAboutVI-07 - Approve Wireless Carrier Lease Agreement - Verizon 2019 City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Nick Egger – Public Works Director
Date: January 16, 2019
Item: Approve Lease Agreement for Wireless Carrier Equipment Installation – Verizon
COUNCIL ACTION REQUESTED
Council is requested approve a lease agreement with Verizon for its equipment installation at the City’s elevated
water tower site on W 4th Street near Hastings High School. Council is also requested to authorize the Mayor’s
and City Clerk’s signatures on the agreement.
BACKGROUND
Verizon has had wireless cell/data equipment installations located at the City’s W 4th Street tower site since 1994
and it has run to the end of all allowable automatic renewal periods. With each wireless carrier having similar
installations, but having slightly somewhat different agreement language and terms, the City has made it a
priority to introduce a uniform template and agreement language terms that will apply to any wireless provider’s
lease at such time that their existing lease expires. The new lease agreement will allow continued residence of
Verizon’s wireless equipment at the site for up to twenty additional years. The initial term is five years, and the
agreement allows up to three automatic renewals of five years a piece, for a total of up to 20 years.
FINANCIAL IMPACT
This lease period begins on July 15, 2019, with Verizon’s beginning lease amount as follows:
• West 4th Street Tower = $35,103.14
The agreement contains an annual rent escalator of 5%, which is the same amount as in prior agreements. For
instance, the rent for 2020 will be 5% higher than for 2019, the 2021 lease amount will be 5% higher than for
2020, and so on. The agreements also provide consideration for increases to the lease amounts in the event that
Verizon would add facilities in a way that results in their equipment occupying additional space beyond their
current footprint, with the incremental rent amount being negotiated between parties and final outcome
memorialized in an agreement amendment that would also be brought before the Council for approval.
ATTACHMENTS
A copy of the agreement has been attached for reference.
STAFF RECOMMENDATION
Staff is recommending that the Council approve the agreement and authorize the Mayor and City Clerk to apply
their signatures.
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City of Hastings, State of Minnesota
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT (“Lease”), made this day of ____________20_____ (the
“Effective Date”) between City of Hastings, a Minnesota municipal corporation (“Landlord”),
and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a limited liability company
organized and existing under the laws of Delaware (“Tenant”). FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows:
1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases
to Tenant and Tenant leases from Landlord a portion of Landlord's property, consisting of approximately 1,100 square feet, located at 1800 W 4th Street in the City of Hastings, County of Dakota, State of Minnesota, legally described in Exhibit A attached hereto ("Landlord's
Property"), subject to any and all existing easements and a portion of the water tower or other
structures ("Structure"), as more particularly shown in Exhibit B attached hereto, on which
Tenant’s telecommunications equipment will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of Public Works, together with non-exclusive appurtenant easements required to run utility lines and cables, and a non-exclusive
appurtenant easement across Landlord's Property for access to the Antenna Facilities (as
hereinafter defined), such easements located in or upon Landlord's Property, all as described
on Exhibit C attached hereto ("Leased Premises'').
2. Rent.
a. Initial Rent Amount, Adjustments. As consideration for this Lease, Tenant shall pay
Landlord an annual rent in the amount of $35,103.14 (amount for 2019) which shall be
prorated for 2019 and which shall be increased each year on January 1, by five percent (5.0%) of the previous year’s annualized rental, with the first such increase to take effect
on January 1, 2020. Tenant shall pay additional rent in an amount as may be negotiated
between the parties at the Landlord’s discretion, increased annually by the escalator rate
set forth in the previous sentence, for equipment attached to the Structure by Tenant (in
accordance with the terms and conditions hereof) in addition to those approved by Landlord at commencement of this Lease and set forth on Exhibit B. The rent amounts
shall never decrease.
b. Time of Payment, Taxes. The annual rent shall be paid in four (4) quarterly installments
on January 1, April 1, July 1 and October 1. In addition to the annual rental, Tenant
agrees to timely pay its prorata share of any taxes or payments(s) in lieu of taxes directly attributable to the installation of Tenant's Antenna Facilities (as hereinafter defined) upon
the Leased Premises. Tenant shall pay a late fee in the amount of five hundred dollars
($500.00) per month if any rent is not paid within ten (10) days of receipt of notice of the
missed due date.
c. Lease Administration Fee. Within thirty (30) days following full execution of this Lease by Landlord and Tenant, Tenant shall pay Landlord a onetime administrative fee
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of $2,500.00, and a onetime reimbursement of survey and equipment verification costs
in the amount of $1,500.00.
d. Sublease. The Tenant shall not be allowed to sublease space on the tower to additional
telecommunications providers. Separate lease agreements for additional ground and antenna space shall be with the Landlord, not the Tenant.
e. Security Deposit. Per paragraph 16(d) of this Lease, the Tenant shall, upon the
commencement of this Lease, deposit with Landlord the sum of $25,000.00 as a security
deposit, which shall be fully refunded to Tenant upon the timely removal of the
equipment shelter, all antennas, facilities, and related equipment, and the repair and restoration of the site to the condition existing prior to installation of the facilities,
reasonable wear and tear excepted.
f. Miscellaneous. Tenant shall pay for all reasonable costs of Landlord's inspections and
installation project management costs for this project, not to exceed $2,000, within ninety (90)
days after Landlord sends an invoice along with reasonable supporting documentation for such fees to Tenant. In addition to consulting and engineering inspection costs, Tenant shall
reimburse Landlord for all reasonable costs associated with reviewing this Lease and
approving Tenant’s application, including but not limited to all reasonable attorney’s fees,
staff and administrative review time and third party consultant fees and expenses. Landlord
shall deliver invoices and reasonable supporting documentation for such costs as soon as reasonably practical, and in no event later than ninety (90) days following the completion of
such work. All fees and invoices must be paid within ninety (90) days after Landlord sends
Tenant an invoice together with reasonable supporting documentation for the same. If
requested by Tenant, Landlord shall provide to Tenant in advance a reasonable estimate for
the required consulting and engineering inspection costs required under this subparagraph 2(f) and subparagraphs 5(c), 5(d), 5(f) and 5(i) but Tenant shall remain obligated to pay Landlord
for the actual costs incurred, even if they exceed the estimate.
3. Governmental Approval Contingency.
a. Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that
may be required by any federal, state, or local authority. This shall include the
engineering studies specified in subparagraph 3(b) and 3(c) below on the Structure to be
conducted at Tenant's expense provided that if the Tenant's Antenna Facilities, as defined
in subparagraph 5(b) and as they exist on the Effective Date, have previously been subject to and approved for installation and operation in prior engineering studies of the
types specified in subparagraph 3(b) and 3(c) below, no new studies shall be required.
Landlord shall cooperate with Tenant in its efforts to obtain and retain such approval and
shall take no action that would adversely affect the status of the Leased Premises with
respect to the Tenant's proposed use thereof. Tenant shall not consider this Lease, or the negotiations to enter into a lease, as alleviating the Tenant from any and all requirements
for Tenant to obtain needed certificates, permits, zoning, and other approvals including
conditional use permits or other special approvals required by City, County, State or
Federal governments.
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b. Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable
cost of (i) a radio frequency interference study, carried out by an independent and qualified
professional selected by the Tenant and approved by the Landlord, which approval shall not
be unreasonably withheld, showing that Tenant's intended use will not interfere with any existing communications facilities, and (ii) an engineering study, carried out by an
independent and qualified professional selected by the Landlord and approved by the Tenant,
which approval shall not be unreasonably withheld, showing that the Structure is able to
support the Tenant's Antenna Facilities, as defined in subparagraph 5(b), without materially
adversely affecting Landlord's use of the Structure or the use of the Structure by a pre-existing tenant. If the study finds that there is a potential for interference that cannot be
reasonably remedied or for material adverse effect to the Structure which cannot be remedied
by reasonable modifications to the Structure, Landlord may terminate the Lease immediately
and refund any initial rent payment to Tenant or in the case of an improvement, expansion or
replacement which creates the potential for interference or material adverse effect, Landlord may prohibit the improvement, expansion or replacement. The requirements of this
subparagraph 3(b) shall not require a new interference study if the Tenant's Antenna
Facilities, as defined in subparagraph 5(b) and as they exist on the Effective Date, have
previously been subject to and approved for installation and operation in one or more prior
engineering studies of the type specified in this subparagraph 3(b). Improvements, expansions or replacements of Tenant’s Antenna Facilities may require a new or updated
technical study as required pursuant to subparagraphs 5(c) and 5(i).
c. Structural Engineering Certification. Before obtaining a building permit, Tenant must pay for
the reasonable cost of an engineering study carried out by a qualified engineer, showing that
the Structure is able to support the Tenant’s Antenna Facilities as shown on Exhibit D. If the study finds that the proposed structure is inadequate to support the proposed antenna loads,
and the Landlord and Tenant cannot agree to reasonable modifications to the Structure to
accommodate the proposed antenna loads, Landlord may terminate this Lease immediately
and refund the initial rental to Tenant or in the case the Structure is found to be inadequate to
support an improvement, expansion or replacement, Landlord may prohibit the improvement, expansion or replacement. The requirements of this subparagraph 3(c) shall not require a new
structural engineering study and certification if the Tenant's Antenna Facilities, as defined in
subparagraph 5(b) and as they exist on the Effective Date, have previously been subject to
and approved for installation and operation in one or more prior structural engineering
studies and certifications of the type specified in this subparagraph 3(c). Improvements, expansions or replacements of Tenant’s Antenna Facilities may require a new or updated
technical study as required pursuant to subparagraphs 5(c) and 5(i).
d. Non-Approval. In the event that any application necessary under subparagraph in 3(a) above
is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled,
expires, lapses, or is otherwise withdrawn or terminated by government authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended
purposes, or if an interference or engineering study, whether conducted pursuant to
subparagraph 3(b) and 3(c) above or otherwise, should indicate, in Tenant's sole discretion,
that the Leased Premises are unsatisfactory for Tenant's intended use, Tenant shall have the
right to terminate this Lease and be reimbursed for any rental payment previously made but not any other cost payments. Notice of Tenant's exercise of its right to terminate pursuant to
this subparagraph shall be given to Landlord in writing as provided in accordance with 4469455v1
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paragraph 26, Notices, of this Lease. Except as required under subparagraph 16(d) below,
upon such termination, this Lease shall become null and void and the party's shall have no
final obligation to each other except for those obligations which are expressly identified
herein as surviving the termination of this Lease.
4. Term and Renewal. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the "Initial Term" of this Lease shall commence on July 15, 2019 (the
"Commencement Date"), at which time rental payments shall commence, and end on December
31, 2024. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods (each a ''Renewal Term'')
commencing on January 1 following the expiration date of the Initial Term or of any subsequent
Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term
unless Tenant sends written notice of non-renewal to Landlord no later than one hundred eighty
(180) days prior to the expiration of the Initial term or any Renewal Term, such notice to be provided in accordance with paragraph 26 of this Lease.
5. Tenant Use.
a. User Priority. Tenant agrees that the following priorities of use, in descending order, shall
apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly:
i. Landlord;
ii. Public safety agencies, including law enforcement, fire, and ambulance services
that are not part of the Landlord;
iii. Other governmental agencies where use is not related to public safety; and
iv. Tenant and other government-regulated entities whose antenna offer a service
to the general public for a fee in a manner similar to public utility, such as
long distance and cellular telephone, not including radio or television
broadcasters and pre-existing tenants.
b. Purposes. Tenant shall use the Leased Premises only for the purpose of installing,
maintaining, and operating Landlord-approved (which approval shall not be unreasonably withheld, conditioned or delayed) communications Antenna Facilities (as hereinafter defined), equipment, cabinets and an accessory building, and uses incidental thereto for
providing wireless telecommunications services which Tenant is legally authorized to
provide to the public. Landlord grants Tenant the right to enter upon Landlord's Property
to conduct Tenant's engineering/technical feasibility studies prior to installation of Tenant's Antenna Facilities (as hereinafter defined) on the Leased Premises. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the
Landlord's Property, except the Leased Premises, to be used by other parties and to make
additions, deletions, or modifications to its own facilities on the Leased Premises except
as set forth in subparagraph 5(n) herein. Tenant's communications antenna facility shall consist of antennas at a Landlord-approved location (which approval shall not be unreasonably withheld, conditioned or delayed), along with cables and appurtenances
connected to an accessory building or cabinet located on the Leased Premises ("Antenna
Facilities''). Tenant's installation, maintenance and operation of the Antenna Facilities
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shall at all times comply with all applicable ordinances, statutes and regulations of local,
state and federal governmental agencies. Tenant shall have exclusive use of its Antenna
Facilities.
c. Construction. Tenant may erect and operate an antenna array in accordance with its submitted application (Exhibit B) and its plans and specifications (Exhibit D). Tenant
agrees that it will install only antennas that Tenant knows will not interfere with existing
antennas or with antennas with higher priority. If Tenant seeks to increase the number of
antennas, and such installation shall exceed the requirements or standard discussed in the
engineering study as required by paragraph 3(c), then, it must first pay the reasonable cost of an evaluation carried out by an independent and qualified professional selected by the
Tenant and approved by the Landlord, which approval shall not be unreasonably withheld,
conditioned or delayed demonstrating that (i) each additional antenna will not interfere
with existing antennas, and that (ii) the Structure can structurally support the additional
antennas. The Tenant must pay the cost of each evaluation within ninety (90) days after receiving written notice of the cost together with reasonable supporting documentation.
Tenant must obtain Landlord’s consent prior to installation of additional antennas;
however, such consent will not be unreasonably withheld, conditioned or delayed. An
increase in the number of antennas from the original installation shall increase the
annualized rental as provided in paragraph 2(a).
d. Construction Plans. For the initial installation of all Antenna Facilities and for any and all
subsequent revisions and/or modifications thereof, or additions thereto, Tenant shall
provide Landlord and Landlord’s Water Tower Construction Engineer (“Construction
Engineer”) each with a copy of electronically-formatted (PDF) as-built drawings
(“Construction Plans”) of the equipment and improvements installed on the Leased Premises consisting of the following and any additional information reasonably requested
in writing by the Landlord:
1) line or CAD drawings showing the actual physical location of all planned
installations plus materials and construction methods;
2) specifications for all planned installations;
3) diagrams of proposed Antenna Facilities;
4) a complete and detailed inventory of all equipment and personal property of
Tenant actually placed on the Leased Premises. Landlord retains the right to
survey the installed equipment.
As-built drawings shall be easily readable and subject to prior written approval by the Construction Engineer, which shall not be withheld, conditioned or delayed without
cause. Landlord shall have thirty (30) business days to review the as-built drawings
(“Construction Plans”). If Landlord fails to either approve the Construction Plans or
provide written request for changes of said Construction Plans to Tenant within the thirty
(30) day period, the Construction Plans will be deemed approved.
Tenant shall be solely responsible for all costs associated with said review and approval
of Construction Plans by the Construction Engineer.
For any new project or supplemental installations, Tenant shall provide Landlord, within
thirty (30) days after Tenant’s activates the Antenna Facilities, with a site plan in electronic
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file format compatible with the Landlord’s record file system as Exhibit B consisting of as-
built drawings of the Antenna Facilities and the improvements installed on the Leased
Premises, which show the actual location of all equipment and improvements. Said drawings
shall be accompanied by a complete and detailed site survey of the property, inventory of all equipment, personal property, and Antenna Facilities.
e. Contractor Approval. Any contractor chosen by Tenant to carry out construction, installation,
maintenance or any other work on the water tower must be pre-approved by the Landlord
prior to the pre-construction meeting. Contractor information to include at the minimum:
• Name and contact information
• Experience (with water storage tank installations)
• OSHA violations within the previous three years.
The Landlord retains sole discretion and reserves the right to reject any and all contractors the Tenant may choose for the installation work as determined to be in the
best interests of the Landlord and to waive any informalities.
f. Inspection. Consulting engineering inspection will be provided beginning with the pre-
construction conference and continuing through installation/construction/punch-list and
verification of as-builts at project completion as determined solely by Landlord, at Tenant's expense. Landlord will not arbitrarily require more inspection than is reasonably necessary
to insure the continued delivery of service and security of Landlord's property. Tenant shall
pay for all costs of Landlord's inspections/installation project management costs for this
project within ninety (90) days after Landlord sends an invoice for such fees together with
reasonable supporting documentation evidencing such fees to Tenant. In addition to consulting and engineering inspection costs, Tenant shall reimburse Landlord for all costs
associated with reviewing this Lease and approving Tenant’s application, including but not
limited to all reasonable attorney’s fees, staff and administrative review time and third party
consultant fees and expenses. All fees and invoices must be paid within ninety (90) days
after Landlord sends Tenant an invoice for the same together with reasonable supporting documentation evidencing such fees. Landlord shall deliver invoices and reasonable
supporting documentation for all costs and expenses as soon as reasonably practical, and in
no event later than ninety (90) days following the completion of such work. Prior to
energizing Tenant’s system (start-up); all punch list items related to installation must be
substantially complete (the exception may be weather related finish painting, etc. as determined by Landlord).
g. Operation. Tenant shall have the right, at its sole expense, to operate and maintain the
Antenna Facilities on the Leased Premises in accordance with good engineering practices
with all applicable FCC rules and regulations. Tenant's installation of all Antenna
Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any damage done by Tenant, its
employees or agents to the Leased Premises or other Landlord Property including the
Structure during installation or during operations, shall be repaired by Tenant at Tenant's
expense within thirty (30) days after notification of damage. The Antenna Facilities shall
remain the exclusive property of the Tenant, unless otherwise provided in the Lease.
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h. Maintenance, Improvement Expenses. All modifications to the Leased Premises and all
improvements made for Tenant’s benefit shall be at the Tenant’s expense and such
improvements, including antenna, facilities and equipment, shall be maintained in a good
state of repair, at least equal to the standard of maintenance of the Landlord’s facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant’s Antenna Facilities
are mounted on the Structure they shall, at all times, be painted, at Tenant’s expense, the
same color as the Structure. The Landlord reserves the right to require or waive this
requirement as it pertains to feed line, jumpers, brackets, connecters, and other ancillary
equipment on a case by case basis depending on the installation configuration.
i. Improvements or Replacements. A replacement should be considered the direct replacement
of items of the same type of equipment, with the same or smaller size, the same or lighter
weight, and the same location as the equipment originally approved and documented in
Exhibit B. Replacement with different equipment type, configuration, larger size, heavier
weight, or location may require technical review and a new lease request and approval. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and
provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal
for any such replacement facilities and any other information reasonably requested by
Landlord of such requested update or replacement, including but not limited to a technical
study, carried out at Tenant’s expense. Notwithstanding the foregoing, Tenant may make all necessary repairs, modifications, improvements or alterations to the internal portions of
equipment and to all ground-based equipment without submission of plans or proposals,
provided such alterations, modifications or improvements do not significantly change the
exterior appearance of the Antenna Facilities or increase the amount of physical space or
volume occupied by the Tenant’s equipment.
j. Drawings. Unless duplicative of previous specifications and drawings submitted to
Landlord, Tenant shall provide Landlord with as-built drawings of the equipment and
improvements installed on the Leased Premises, which show the actual location of all
Antenna Facilities. Said drawings shall be accompanied by a complete and detailed
inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premise (see item d. Construction Plans).
k. No Interference. Tenant shall, at its own expense, maintain any equipment on or attached
to the Leased Premises and owned by Tenant in a safe condition, in good repair and in
manner reasonably suitable to Landlord so as not to conflict with the use of the
surrounding Landlord's Property by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the
working use of the water storage facilities thereon or to be placed thereon by Landlord.
l. Access. Tenant, at all times during this Lease, shall have exclusive access to its Antenna
Facilities located on the Leased Premises and non-exclusive access to the Structure in
order to install, operate, repair, remove and maintain its Antenna Facilities. Tenant shall request access to the Structure twenty-four (24) hours in advance, except in an
emergency, to the Public Works Department office located at 1225 Progress Drive,
Hastings, MN 55033. In an emergency situation the Public Works Department may be
contacted at (651) 248-3271 or such other number as provided by the Landlord in
advance. The Tenant shall reimburse the Landlord for costs associated with providing after-hours access to the Structure and surrounding areas. The Tenant shall reimburse the
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Landlord two times the current hourly rate paid to the employee providing after-hours
access with minimum billable time of three (3) hours. All reimbursement shall be paid
within ninety (90) days from the date of the Landlord’s invoice to the Tenant, together
with reasonable supporting documentation evidencing such costs. Access to antenna equipment on the Leased Premises elevated water tank shall be with prior notice,
Tenant’s employee's identification and in the presence of a City of Hastings Water
Department employee. Both the Water Department and the Tenant shall maintain a
written record of all site visits, including the name of all personnel.
m. Payment of Utilities. Landlord makes no representations that utilities adequate for Tenant’s use of the Leased Premises are available. Tenant shall separately meter charges
for the consumption of electricity and other utilities associated with its use of the Leased
Premises and shall be responsible to promptly pay all costs associated therewith.
Landlord will cooperate with Tenant in Tenant’s efforts to obtain utilities from any
location provided by the servicing utility.
n. Quiet Enjoyment. Tenant, upon paying the rent shall peaceably and quietly have, hold
and enjoy the Leased Premises and shall not be disturbed in its possession, use and
enjoyment of the Leased Premises. Landlord shall not cause or permit any use of the
Landlord's Property that interferes with or impairs (a) the integrity of the Structure to
which the Antenna Facilities are attached or (b) the quality of the communication services being rendered by Tenant from the Leased Premises. Except in cases of
emergency, Landlord shall not have access to the Antenna Facilities ground level
equipment building on the Leased Premises unless accompanied by Tenant’s personnel.
6. Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities
and install additional equipment on a temporary basis on the Leased Premises to assure
continuation of service. Such temporary operation shall not exceed (90) days unless Tenant
obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay
to Landlord all reasonable additional Landlord expenses incurred in maintaining the Leased
Premises, including painting of the Leased Premises, which are directly caused by Tenant’s
occupancy of the Leased Premises within ninety (90) days from the date of the Landlord’s
invoice to the Tenant, together with reasonable supporting documentation evidencing such costs.
8. Advances in Technology. As technology advances and improved antennas are developed which
are routinely used in Tenant’s business, Landlord may request the replacement of existing
antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose provided it shall be in the sole and exclusive discretion of the
Tenant to determine if the installation and use of the improved antennas are practical and
technically feasible at this location.
9. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on Landlord's Property. At such time as this may occur, Landlord will
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"attachments" to its building so as to give the appearance that all buildings are a connected
facility. Said attachments will be made at no cost to Landlord, will not compromise the
structural integrity of Tenant’s building, and will not unreasonably interfere with the
operation and maintenance of other Tenant's Antenna Facilities.
10. Structure Reconditioning and Repairs. Tenant shall remove its Antenna Facilities at
Tenant’s cost, upon reasonable notice to allow maintenance, repair, repainting, restoration or
other activity as required by Landlord. There may be scheduled interruptions in use of the
Antenna Facilities. Except in the case of an emergency, Landlord shall give Tennant one-hundred eighty (180) days’ notice of repair, repainting or restoration. In case of emergency,
Tenant shall immediately remove Tenant’s Antenna Facilities upon reasonable notification to
Tenant until such time as there is no longer an emergency but if Tenant does not remove
Tenant’s Antenna Facilities within a reasonable time based on the circumstances created by
the emergency, Landlord may remove Tenant’s Antenna Facilities taking all reasonable precautions to prevent damage to the same. An “emergency” shall be deemed to exist only in
those situations which constitute an immediate threat to the health or safety of the public or
immediate danger to the Landlord’s Property. In the event the use of Tenant’s Antenna
Facilities is interrupted, Tenant shall have the right to maintain mobile cellular equipment on
the Landlord’s Property. Oldest tenants will have priority if space is limited. If Landlord’s Property will not accommodate mobile equipment, it is Tenant’s responsibility to locate
auxiliary sites.
11. Intentionally Omitted.
12. Defenses and Indemnification.
a. General. Landlord and Tenant each indemnify the other against and hold the other
harmless from any and all costs (including reasonable attorneys' fees and expenses) and
claims, actions, damages, obligations, liabilities and liens which arise out of (i) the breach
of the Lease by the indemnifying party; and (ii) the use and or occupancy of the Landlord's Property, except for any claims, actions, damage, obligations, liabilities and
liens arising from any negligent or intentional misconduct of the indemnified party. This
provision shall survive the termination to this Lease.
b. Hazardous Materials. Without limiting the scope of subparagraph 12(a) above, Tenant will be
solely responsible for and will defend, indemnify, and hold Landlord, its agents, elected officials and employees harmless from and against any and all claims, cost, and liabilities,
including reasonable attorneys' and costs, arising out of or in connection with the cleanup or
restoration of the Leased Premises associated with the Tenant’s use of Hazardous Materials.
This defense and indemnification shall not apply to claims, costs, and liabilities arising from
Landlord's negligence or willful misconduct. Without limiting the scope of subparagraph 12(a) above, Landlord will be solely responsible for and will defend, indemnify, and hold
Tenant, its agents, and employees harmless from and against any and all claims, cost, and
liabilities, including reasonable attorneys' and costs, arising out of or in connection with the
cleanup or restoration of Landlord’s Property associated with the Landlord’s use of
Hazardous Materials. This defense and indemnification shall not apply to claims, costs, and liabilities arising from Tenant's negligence or willful misconduct. For the purposes of this
Lease "Hazardous Materials" shall be interpreted broadly and specifically includes, without 4469455v1
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limitation, asbestos, fuel, batteries or any hazardous substance, waste, or material as defined
in any federal, state or local environmental or safety laws or regulation including, but not
limited to the Comprehensive Environmental Response, Compensation and Liability Ad
(CERCLA).
c. Tenant’s Warranty. Tenant represents and warrants that the use of the Leased Premises
will not generate and Tenant will not store or dispose of on the Lease Premise, nor
transport to or over the Leased Premises, any Hazardous Materials, unless Tenant
specifically informs Landlord thereof in writing twenty-four (24) hours prior to such
storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Material on the Leased Premises; Tenant shall provide initial and
annual updates of Material Safety Datasheets (MSD) on all hazardous materials that are
part of, or necessary to, the operation of the antenna system and maintenance thereof.
Tenant warrants that no hazardous material supplies used in routine maintenance and or
repair will be stored on the Leased Premises. The obligations of this paragraph 12(c) shall survive the expiration or other termination of this Lease.
d. Landlord's Warranty. An analysis of the Structure's paint content of Lead and Chromium
is provided in Exhibit A. Landlord represents and warrants that it is not aware of the
existence of any other Hazardous Materials on the Leased Premises, the Structure, or the
Landlord’s Property.. The obligations of the paragraph 12(d) shall survive the expiration or other termination of this Lease.
13. Insurance.
a. Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in
compliance with all applicable statues. The policy shall also provide Employer's Liability coverage with limits of $500,000.00 bodily injury each accident, $500,000.00 bodily injury
by disease, policy limit, and $500,000.00 bodily injury by disease, each employee.
b. General Liability. The Tenant must maintain an occurrence form Commercial General
Liability Coverage. Such coverage shall provide for third party bodily injury and property
damage arising out of the use, maintenance or operation of the Lease Premises and Antenna Facilities. The Tenant must maintain aforementioned Commercial General
Liability Coverage with limits of liability of $1,000,000.00 each occurrence and
$2,000,000.00 general aggregate including $2,000,000.00 products and completed
operations aggregate and personal and advertising injury.
c. Automobile Liability. The Tenant must carry Commercial Automobile Liability coverage. Coverage in the amount of $1,000,000.00 combined single limit each accident covering all
owned, non-owned and hired vehicles.
d. Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a
policy covering damages to its property at the Leased Premises. The amount of coverage
shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements.
e. Landlord's Insurance. Landlord shall maintain Municipal General Liability Insurance
insuring landlord against liability for personal injury, death or damage arising out of
Landlord's ownership, use or management of the Leased Premises or Structure by
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Landlord, its employees or agents, with combined single limits of $1,000,000.00.
Landlord shall also maintain fire and extended coverage insurance insuring the Structure
for its full insurable value (subject to reasonable deductibles).
f. Adjustment of Insurance Coverage Limits. Notwithstanding the foregoing insurance requirements of Tenant, Tenant agrees to periodically review and adjust insurance
coverage limits in accordance with then-current market and industry standards during the
Initial Term and Renewal Terms.
g. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy,
evidence of the required insurance in the form of a Certificate of Insurance issued by companies authorized to transact business in Minnesota and who hold a current rating of
not less than A-, VII according to A.M. Best, which includes all coverages required in
this paragraph 13. Tenant will include Landlord as an additional insured as their interest
may appear under this Agreement on the Commercial General Liability and Commercial
Automobile Liability Policies but only to the extent allowed in paragraph 12, Defense and Indemnification, of this Lease. The Certificate shall also provide that the coverage
may not be canceled without thirty (30) days prior written notice to Landlord.
14. Damage or Destruction. Tenant's installation of the Antenna Facilities shall be done
according to plans approved by Landlord, which approval will not be unreasonably withheld, conditioned or delayed. Any damage done to the Leased Premises or other Landlord property
including the Structure during installation or during operations shall be repaired at Tenant’s
expense within 30 days after notification of damage which said notice shall include proof that
Tenant caused the damage and to Landlord’s reasonable satisfaction. The Antenna Facilities
shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. Recommendations for mounting installations and brackets for cable runs are available from
Landlord.
15. Intentionally Omitted.
16. Lease Termination.
a. Events of Termination. Except as otherwise provided herein, this Lease may be
terminated by either party upon sixty (60) days' written notice to the other party, provided
in accordance with paragraph 26, Notices, of this Lease, as follows:
i. By either party upon a default of any covenant or term hereof by the other party, which default is not cured with in sixty (60) days of receipt of written notice of
default to the other party (without, however, limiting any other rights of the
parties pursuant to any other provision hereof), except that this Lease shall not be
terminated if the default cannot reasonably be cured within such sixty (60) day
period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; or
ii. By Tenant for cause if it is unable to obtain or maintain any license, permit or
other governmental approval necessary for the construction and/or operation of
the Antenna Facilities or Tenant's business, or determines that such government
approvals may not be obtained in a timely manner; or
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iii. By Tenant for cause if the Leased Premises are or become unusable under
Tenant’s design or engineering specifications for its Antenna Facilities, or the
communications system to which the Antenna Facilities belong or for
technological reasons including without limitation shadowing or interference under Tenant’s Antenna Facilities; or
iv. Tenant’s transmission is interfered with by Landlord or its other tenants’
equipment. Such right to terminate shall become void if Landlord cures such
interference within thirty (30) days of receipt of written notice; or
v. By Landlord if an independent engineer engaged by Landlord determines that the Structure is structurally unsound, including, but not limited to, consideration of
age of Structure, damage or destruction of all or part of the structure on the
Leased Premises from any source or factors relating to condition of the Leased
Premises; or
vi. Upon 12 month’s prior written notice by the Landlord to Tenant if its City Council decides, for any reason, to redevelop the Leased Premises in a manner
inconsistent with continued use of the Leased Premises by Tenant and/or
discontinue use of the Leased Premises for this purpose; or
vii. By Landlord if it reasonably determines that a potential user with a higher priority
under subparagraph 5(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority,
regardless of whether or not such an interference was predicted in the initial
interference study that was part of the application process following written notice to
Tenant of such interference and after expiration of a thirty (30) day cure period
provided that during that cure period, Tenant shall discontinue the operation of the Tenant’s Antennae Facilities or the portion thereof causing the interference until
such cure is completed; or
viii. By Landlord if it reasonably determines that Tenant has failed to comply with
applicable ordinances or state or federal law, or any conditions attached to
government approvals granted thereunder following written notice to Tenant of such failure and after expiration of a thirty (30) day cure period, except that this Lease
shall not be terminated if the failure cannot reasonably be cured within such thirty
(30) day period and the Tenant has commenced to cure the failure within such thirty
(30) day period and diligently pursues the cure to completion.
b. Notice of Termination. In accordance with paragraph 26, Notices, the parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall
be effective upon receipt as evidenced by the return receipt. Except as set forth herein, all
rent paid for the Lease prior to said termination date shall be retained by Landlord.
c. Tenant's Liability for Early Termination. If Tenant terminates this Lease other than for
cause or of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant
terminates, unless Tenant terminates during the last year of any Term under paragraph 4
and Tenant has paid the annual rental for that year.
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d. Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall
have sixty (60) days from the termination or expiration date to remove its Antenna
Facilities and related equipment from the Leased Premises, repair the affected site and
restore the surface of the Structure to the condition existing prior to installation of the facilities, reasonable wear and tear excepted. Should this situation occur during the winter
season, the sixty-day period shall commence at the start of weather permissible to the
quality of workmanship required by Landlord. Such time period shall be agreeable to
Landlord and Tenant. In the event that Tenant's Antenna Facilities and related equipment
are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord, and Tenant shall have no further
rights thereto. Upon the commencement of this Lease, Tenant shall deposit with Landlord
the sum of $25,000.00 as a security deposit, which shall be fully refunded to Tenant upon
the timely removal of the Antenna Facilities, and related equipment, the repair of the site
to the reasonable satisfaction of the Landlord. In the event that Tenant’s Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the
Landlord, the Landlord shall have the option to take the following actions:
1. Fully decommission the Antenna Facilities, have the Antenna Facilities removed,
and repair the site and restore the property, and bill the Tenant for the cost of such
actions. If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to any mortgagee of Tenant at the addresses provided,
informing them that Antenna Facilities or related property have been removed and
will be deemed abandoned if not claimed and the storage fees and other reasonable
costs paid within ninety (90) days; or
2. Take full ownership of the Antenna Facilities and continue their operations at the expense and benefit of the Landlord.
e. If Landlord elects to terminate this Lease in order to demolish or otherwise remove from
service the elevated water tank on Leased Premises and construct a new water tower on
or in the vicinity of the Leased Premises then:
i. If requested by Tenant, subject to compliance with all requirements of Section 3 of this agreement, Landlord shall make a good faith effort to accommodate the
relocation of Tenant's equipment to the new elevated tank at Tenant's sole cost and
expense upon completion of the new elevated tank; and
ii. Tenant may continue to occupy the existing elevated tank until thirty (30) days
after Landlord notifies Tenant that the new elevated tank is complete and that Tenant may relocate their equipment to the new tank; and
iii. Upon relocation of Tenant's equipment on the new tank, this Lease shall be
deemed a lease of the space to be occupied by Tenant on the new tank and the
parties shall amend the Lease exhibits in order to identify the new tank site and
Tenant's equipment locations thereon.
17. Limitation of Landlord's Liability. If Landlord terminates this Lease other than for cause
as of right as provided in this Lease, or Landlord or Landlord’s employees, agents,
representatives or contractors cause interruption of the business of Tenant, or for any other
Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to
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the actual and direct costs of the replacement of this site in Tenant's network including,
without limitation, equipment removal, relocation or repair, and all cost associated with the
identification of a new site for Tenant's replacement communications facility, the negotiation
of its purchase or lease, applying for any necessary governmental approvals, and the cost of constructing a new antenna support structure, including without limitation, surveys, designs,
foundation, steel, and erection of the structure and supporting facilities, but not including the
Tenant's own communications equipment, and shall specifically exclude any recovery-for
value of the business of Tenant as a going concern, future expectation of profits, loss of
business or profit or related damage to Tenant.
18. Temporary Interruptions of Service. If Landlord reasonably determines that continued
operation of Tenant’s Antenna Facilities would cause or contribute to an immediate threat to
public health and/or safety (except for any issues associated with human exposure to radio
frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such order. Service shall be
discontinued only for the period that the immediate threat exists. Landlord shall not be liable to
Tenant or any other party for any interruption in Tenant's service or interference with Tenant's
operation of its Antenna Facilities except as may be caused by the negligence or willful
misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period great than three (3) days, either consecutively or cumulatively, Tenant shall have the right to
terminate this Lease within its sole discretion for cause and without payment for a termination
fee. Further, Tenant shall be entitled to a reimbursement of prepaid rent covering the period
subsequent to the date of service discontinuance.
19. Tenant Interference.
a. With Structure. In the performance of its approved use, Tenant shall at its own expense,
maintain any equipment on or attached to the Leased Premises in a safe condition, in
good repair and in a manner suitable to Landlord so as not to conflict with the use of the
surrounding premises by Landlord. Tenant shall not materially interfere with Landlord's use of the Structure and agrees to cease all such actions that unreasonably and materially
interfere with Landlord's use there-of no later than three (3) business days after receipt of
written notice of the interference from Landlord. In the event that Tenant's cessation of
action is material to Tenant's use of the Leased Premises and such cessation frustrates
Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without payment of a
termination fee. Further, Tenant shall be entitled to a reimbursement of prepaid rent
covering the period subsequent to the date of interference from Landlord.
b. With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible
interference with higher priority users as set forth under subparagraph 5(a) above or with the equipment of pre-existing tenants installed as of the Effective Date or prior to the
interfering facilities of Tenant installed after the Effective Date, Tenant shall take all
measures necessary to correct and eliminate the interference. If the interference cannot be
eliminated with 48 hours after receiving Landlord's written notice of the interference,
Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference
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Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate
this Lease immediately.
c. Interference Study - New Occupants. Upon written notice by Landlord that it has a bona
fide request from any other party to lease an area in close proximity to the Leased Premises ("Leased Premises Area''), Tenant shall provide to Landlord within sixty (60)
days the radio frequencies currently in operation or anticipated by Tenant to be operated
in the future of each transmitter and receiver installed and operational on the Leased
Premises at the time of such request. Landlord may then have an independent, registered
professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to
Tenant. Landlord shall require the new applicant to pay for such interference studies.
d. Interference - New Occupants. Landlord agrees that it will not grant a future lease in the
Leased Premises Area to any party who is of equal or lower priority to Tenant, or allow
such party to add additional equipment to the Structure, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees
further that any future lease of the Leased Premises Area will prohibit a user of equal or
lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it
will require any subsequent occupants of the Leased Premises Area of equal or lower
priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operation of Tenant cause
by such subsequent occupants if such interference is not eliminated, Tenant shall have the
right to terminate this Lease or seek: injunctive relief against the interfering occupant, at
Tenant's expense.
20. Noise. All wireless service facilities shall be constructed and operated in such a manner as to
minimize the amount of noise impacts to residents of nearby homes and the users of
recreational areas, such as public parks and trails. Noise attenuation measures shall be
required for all air-conditioning units. Backup generators shall only be operated during
power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the City of Hastings when deemed necessary. Testing and
maintenance activities of wireless service facilities which generate audible noise shall occur
between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., weekdays
(Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other
times by the City of Hastings. Testing and maintenance activities that do not generate audible noise may occur at any time, unless otherwise restricted by the City of Hastings.
21. Installation of a Generator. Tenant shall not install or replace any generator on the Landlord’s
Property without Landlord's prior written approval, which approval shall not be unreasonably
withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall be permitted to place an emergency generator within its Leased Premises for a period up to seven (7) days in the
event of a power failure to the Antenna Facilities. In the event that Landlord grants approval for
the placement of a generator on the Landlord’s Property, or Tenant is permitted to place a
generator within its Leased Premises due to an emergency power failure, Tenant agrees to
maintain or repair any such generator within its Leased Premises, as located on Exhibit B. Tenant further agrees that Landlord may limit the noise level at the Landlord’s Property that may prohibit
the use of the generator and that the installation of any generator must fall within the noise level 4469455v1
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limits set by local ordinance. In the event that Tenant exceeds the noise level set forth by such
local ordinance, Tenant shall take all such steps reasonably requested by Landlord in writing to
reduce the sound levels to the level required by such ordinance, including, but not limited to,
installing additional mufflers, or any other requirements that may be requested by Landlord in writing, including but not limited to ceasing all operations of the generator. All sound reduction
measures requested by Landlord shall be performed at Tenant's sole cost and expense. If Tenant
fails to immediately comply with the local noise ordinances following written notice by Landlord
to Tenant, Landlord may take any and all measures to stop the use of the generator. Tenant shall
further repair any and all damage caused by the use of the generator upon the Landlord’s Property. All expenses incurred by Landlord hereunder, including reasonable attorneys' fees,
shall be paid by Tenant to Landlord within ninety (90) days after Landlord sends to Tenant an
invoice together with reasonable supporting documentation evidencing such expenses.
22. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates without the written consent of the Landlord,
such consent not to be unreasonably withheld, conditioned or delayed. For purposes of this
paragraph, an "affiliate" means an entity that acquires, controls, is controlled by, or is under
common control with Tenant. Additionally, Tenant may assign this Agreement to any entity
which acquires all or substantially all of Tenant's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business
reorganization without approval or consent of Landlord. Landlord hereby consents to the
assignment by Tenant of its rights under this Lease as collateral to any entity that provides
financing for the purchase of equipment used by Tenant in connection with the provision of
wireless telecommunication services.
23. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain,
this Lease shall terminate as of the date title to the Leased Premises vests in the condemning
authority. In the event a portion of the Leased Premises is taken by eminent domain, either
party shall have the right to terminate this Lease as of the said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of taking under the power of
eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking
and the Landlord shall receive full amount of such award. Tenant hereby expressly waives
any right or claim to any portion thereof. Although all damages, where awarded as
compensation for diminution value in of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the
condemning authority, but not from the Landlord, such compensation as may be separately
awarded or recoverable by Tenant on account of any and all damage Tenant's business and
any costs or expenses incurred by Tenant in moving/removing its equipment, personal
property, Antenna Facilities and leasehold improvements.
24. Disputes. In the event any claim, controversy or dispute arising out of this Lease is not
resolved within thirty (30) days following notice of the dispute, the parties shall in good faith
first engage in face-to-face negotiations to resolve such claim, controversy or dispute. If the
parties are unable to resolve the matter following face-to-face negotiations, it shall be submitted promptly to mediation. Each party shall bear its own cost of mediation. If
mediation does not result in settlement within forty-five (45) days after the matter was
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submitted to mediation, either party may file a claim in arbitration in accordance with the
applicable rules of the American Arbitration Association. The award rendered by the
arbitrator may be entered as a judgment in any court having jurisdiction thereof. The
arbitration shall be conducted in the county where the Leased Premises are located. Arbitration shall be the exclusive remedy of the parties. Either party may apply to the
arbitrator seeking injunctive relief, until the arbitration award is rendered or the controversy
is otherwise resolved. Either party may also, without waiving any remedy under this
Agreement, seek from any court of competent jurisdiction, any interim or provisional relief
that is necessary to protect the rights or property of the party, pending the arbitrator's final decision on the merits of the controversy.
25. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a
claim to enforce any rights hereunder, the prevailing party shall be entitled to recover cost
and reasonable attorneys' fees and other reasonable enforcement cost and expenses incurred as a result to such claim.
26. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, or by courier services, addressed as follows (or any other
address that the party to be notified may have designated to the sender by like notice):
If to Landlord:
City of Hastings
Attn: City Administrator
101 East 4th Street
Hastings, MN 55033
If to Tenant:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road Bedminster, New Jersey 07921
Attention: Network Real Estate
27. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the
Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease.
28. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to
and bind the heirs, personal representatives, successors and assigns of the parties hereto.
29. Complete Lease; Amendments. This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiation, and other agreements of
any kind. There are no representations or understandings of any kind not set forth herein.
Any modification of or amendment to this Lease must be in writing and executed by both
party's hereto. Exhibits A, B, C, and D are incorporated into this Lease by reference.
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30. Governing Law. This lease shall be construed in accordance with the laws of the State of
Minnesota.
31. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
32. Memorandum. Upon request by either party, the parties agree to promptly execute and
deliver a recordable memorandum of this Lease in a form acceptable to both parties, which
may be recorded by the party requesting the memorandum of lease.
33. Counterparts. This Lease may be signed in counterpart by the parties hereto, each of which shall be
deemed an original, but all of which when taken together, shall constitute a single instrument.
34. Cooperation. The parties hereby agree to cooperate with each other and their authorized representatives regarding any reasonable request made subsequent to execution of this Lease,
to correct any clerical errors contained in this Lease and to provide any and all additional
documentation deemed necessary by either party to effectuate the transaction contemplated
by this Lease. The parties further agree that "to cooperate" as used in this Lease includes but
is not limited to, the agreement by the parties to execute or re-execute any documents that either party reasonably deems necessary and desirable to carry out the intent to this Lease.
35. Prior Terminated Agreement. Landlord and Tenant agree that this Agreement replaces
the agreement between the City of Hastings and Minneapolis SMSA Ltd. Partnership dated
July 15, 1994 referenced by Tenant as Contract #NG 11092 (“Terminated Agreement”). Landlord and Tenant acknowledge that notwithstanding the termination of the Terminated
Agreement and the commencement of this Agreement, Tenant may continue to make, and
the Landlord may continue to receive, rental and other payments pursuant to the Terminated Agreement. In such event, any rental or other payments made pursuant to the Terminated
Agreement after its termination shall be applied and credited against any rentals or other
payments due under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the
date and year first above written.
LANDLORD
Dated: , 2019 CITY OF HASTINGS,
A Minnesota Municipal Corporation
By: ____________________________________
Mary D. Fasbender, Its Mayor (SEAL) By: ____________________________________
Julie Flaten, Interim City Administrator
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TENANT
Dated: , 2019 Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
By:
Name:
Title:
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LIST OF EXHIBITS
Exhibit “A”: Legal Description of the Property
Exhibit “B”: Antenna Site Application
Exhibit “C”: Site Survey
Exhibit “D”: Plans and Specifications
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Exhibit A
Legal Description
Legal Description of Premises
The North 297 feet of the South 330 feet of the West 330 feet of the North ½ of the Northwest ¼,
Section 29, Township 115, Range 17, Dakota County, Minnesota.
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Exhibit B
Antenna Site Application
(not used – existing installation)
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Exhibits C & D
Plans & Specifications
(existing equipment plans on following pages)
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