HomeMy WebLinkAbout5.F.8. Approve Site Lease with Sprint for Telecomm FacilityTO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Site Lease for Telecomm Facility
DATE: November 5, 2010
CITY OF SHAKOPEE
Memorandum
Introduction
Last December Council directed staff to pursue negotiations for a site lease on city park land for
a telecomm facility installation.
Background
Last year, Sprint approached the City about leasing park land between two Excel highline towers
just west of Oxford Road in the northwest corner of the Southbridge area. The site is not part of
any plat that has any covenants or development restrictions. The area is natural, sandy with
little vegetation and not maintained by the city. It slopes off steeply to the west.
Attached is a site map and lease with facility diagrams. Draft leases have been passed back and
forth with many changes between the city's attorney and Sprint's legal staff. The city's attorney
is current reviewing the attached lease. Zoning is not an issue and normal building permits
would need to be applied for by Sprint. The purpose of the site is to improve reception for
customers.
The facility would be on an elevated platform located as far west as possible with fencing and
plantings to screen the site. An improved driveway would be installed. As a result of
neighborhood concerns, Sprint would install a vinyl privacy fence instead of chain link or wood.
The neighborhood association has inquired about installing irrigation and grass along the
road /sidewalk at their cost. The association would prefer to not have the facility installed.
The term of the lease is five years with 5 renewable terms at Sprints option. Unless Sprint
defaults, the city cannot terminate the lease. Sprint can terminate with 360 days notice.
Monthly rent is proposed at $400 /month which is less than originally discussed ($650) due to
economic conditions, competition and the charges by Excel to locate the actual antennas on its
tower. Rent increases at 4% per year. While the income from locating telecomm antennas on
towers is much higher, this is just a small ground lease of about 625 square feet.
The Development Review Committee did discuss leases involving city property for
communication facilities and came to the conclusion that it would be better to deal with the
issue on a case by case basis.
Alternatives
Authorize lease.
Do not authorize lease.
Recommendation
It appears that Sprint is close to their final position and wants a decision from the city whether
to proceed or drop the site from consideration. Income from the lease would be $4,800+ per
year for up to 30 years. There is no impact on city costs or maintenance issues. The
neighborhood association has expressed their preference not to have the facility installed.
While the money is not a large sum, it is additional revenue to the General Fund and therefore
brought to council for a decision.
Action
Move to authorize the appropriate city officials to execute a site lease with Sprint for a
communication facility at 6100 Oxford Road subject to final review by Kennedy and Graven and
city staff.
Gregg Voxland
Finance Director
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OP 2009 Microsoft Corporation C'20 .NAVTF990 AND
SITE AGREEMENT
Site Name: Shalrnpar xrpi Site ID #: MS80XC232
This Site Agreement ( "Agreement ") is entered into as of 2010 by Sprint Spectrum Realty Company LP ( "Sprint/Nextel" or "Tenant ") and the City of
Shakopee, a Minnesota municipal corporation ( "Owner"). Owner acknowledges receiving One Dollar ($1.00) and other sufficient consideration for entering into this
Agreement.
1. Premises and Use. Owner owns the property described on Exhibit A
attached ( "Owner's Property"). Subject to the provisions of Section 2 below
regarding the Due Diligence Period, Owner leases to Sprint/Nextel the site
(consisting of a portion of Owner's Property) described below ]Check all
appropriate boxes]:
® Land consisting of approximately 625 square feet for construction of:
® shelters and/or base station equipment and
generally in the location(s) shown on Exhibit B attached, as well as riser,
conduit and other space required for cable runs to connect its equipment and
antennas, and together with all necessary non - exclusive licenses and rights for
vehicular and pedestrian access thereto, for placement of an underground
grounding system, and for access to the appropriate source of electric,
telephone and other utilities, in the discretion of Sprint/Nextel (the "Site ").
Such licenses shall be irrevocable during the Term and any Renewal Term of
this Agreement, but shall terminate upon termination or expiration of this
Agreement. The Site may be used by Sprint/Nextel (and/or any of its
affiliated entities) for the purpose of installing, removing, replacing,
maintaining and operating, at its expense, communications service facilities
consisting of an air conditioned equipment shelter and/or base station
equipment, GPS antennas, cable, wiring, power sources (including permanent
generators and fuel storage tanks), and related equipment and structures (the
"Facilities ") as shown on Exhibit B. All of the Facilities will remain
Sprint/Nextel's personal property and are not fixtures. Sprint/Nextel will use
the Site in a manner which will not unreasonably disturb the occupancy of
Owner's other tenants, if any. Sprint/Nextel will have unrestricted access to
the Site and the Facilities 24 hours per day, 7 days per week. Tenant intends
to locate certain antennas and/or microwave dishes on a utility support
structure adjoining the Site and Tenant may not construct or install such
equipment or an antenna support structure on the Site, except for GPS
antennas, until and unless the parties execute a corresponding written
amendment to this Agreement. The parties acknowledge that Owner has
entered into an easement agreement with Northern States Power Company
( "Northern") whereby Northern has an easement from Owner for use of
certain other space on the Owner's Property ( "Northern Easement "), for
purposes of installing and operating transmission and distribution lines, poles
and towers. The parties further acknowledge that Tenant shall be installing its
telecommunications equipment, within the easement area and contemplates
licensing space within the Northern Easement for use of one of Northem's
utility support structures located thereon for the installation of Tenant's
communications equipment to be connected to the Facilities located at the
Site. Owner hereby consents to such installation of equipment and license
between Tenant and Northern for the use contemplated herein. In addition,
Owner represents, warrants and agrees that it shall not in any manner allege,
assert or claim (against Northern, Tenant or any other party) that Tenant's use
of Northern's pole or easement area is in violation of or exceeds the permitted
scope or use of or under the Northern Easement.
2. Term. This Agreement becomes effective on the date that both Owner and
Sprint/Nextel have executed this Agreement ( "Effective Date "). The term of
Tenant's lease and tenancy (the "Term ") is 5 years, commencing on the
Effective Date provided, however, that Tenant's obligation to pay rent shall
not commence until the "Rent Commencement Date" which is defined as the
earlier to occur of: (a) the date that Sprint/Nextel gives written notice to the
Owner of its intent to commence construction of the Facilities; or (b) 12
months after the Effective Date. The Term will be automatically renewed for
5 additional terms of 5 years each (each a "Renewal Term "), unless Tenant
provides Owner with written notice of its intention not to renew prior to the
expiration of the initial Term or any Renewal Term. Prior to the Rent
Commencement Date, Sprint/Nextel will be permitted to enter Owner's
Property to perform surveys, inspections, investigations and tests, including,
without limitation, signal, topographical, geotechnical, structural and
environmental tests, which in Sprint/Nextel's discretion are necessary to
determine the physical condition, suitability and feasibility of the Site. If
SprintMextel decides, for any reason or no reason, not to commence the lease
Term, then Sprint/Nextel may terminate this Agreement upon written notice to
Owner at any time prior to the Rent Commencement Date. Owner
Rev. 06/28/2006
acknowledges that, prior to the Rent Commencement Date, Sprint/Nextel has
limited access to, but no ownership or control of, any portion of Owner's
Property.
3. Rent. Starting on the first day of the month following the Rent
Commencement Date and on the first day of every month thereafter, Tenant
will pay rent in advance in equal monthly installments of $400.00630:00.
Rent shall be increased by 4% on the first day of the month in which the
anniversary of the Rent Commencement Date occurs, and upon each anniversary
thereafter. Rent for any partial months will be prorated based upon a 30 -day
month. Within 30 days after the Effective Date, Owner shall provide to
Tenant an IRS approved W -9 form setting forth the tax identification number
of Owner or of the person or entity to whom rent checks are to be made
payable as directed in writing by Owner. Rent will be sent to the address
shown underneath Owner's signature.
4. Title and Quiet Possession. Owner represents and warrants to Tenant and
further agrees that: (a) it is the owner of Owner's Property; (b) it has rights of
pedestrian and vehicular access from the nearest public roadway to the Site,
which Tenant is permitted to use and improve for use in accordance with
paragraph 7 herein; (c) it has the right to enter into this Agreement and that
the no existing declaration of covenants and/or easements on the property
directly impact Owner or Tenants use;; (d) the person signing this Agreement
has the authority to sign; (e) Tenant is entitled to access the Site at all times
and to quiet possession of the Site throughout the initial Term and each
Renewal Term, so long as Tenant is not in default beyond the expiration of
any notice or cure period; and (f) Owner will not have unsupervised access to
the Facilities.
5. Assignment/Subletting. Tenant may not sublease (or otherwise transfer or
allow the use of) all or any portion of the Site or assign its rights under this
Agreement without written consent of Owner. Notwithstanding the foregoing,
Tenant will have the right, without notice to or consent of Owner, to sublease
(or otherwise transfer or allow the use of) all or any portion of the Site or
assign its rights under this Agreement in whole or in part to: (a) any entity
acquiring substantially all of the assets of Tenant; or (b) any successor entity
in a merger or consolidation involving Tenant. Owner will not be entitled to
any additional rent or other fees for its review or approval.
6. Notices. All notices must be in writing and are effective only when
deposited in the U.S. mail, certified mail, return receipt requested and postage
prepaid or when sent via overnight delivery service. Notices to Tenant are to
be sent to: Sprint/Nextel Property Services, Mailstop KSOPHT0101- 22650,
6391 Sprint Parkway, Overland Park, KS 66251 -2650, with a mandatory copy
to: SprintiNextel Law Department, Mailstop KSOPHT0101- 22020, 6391
Sprint Parkway, Overland Park, Kansas 66251 -2020, Attn.: Real Estate
Attorney. Notices to Owner must be sent to the address shown underneath
Owner's signature.
7. Improvements. Tenant may, at its expense, make improvements on and to
the Site as it deems necessary or desirable from time to time for the operation
of the Facilities provided, however, that Tenant shall construct an
approximately 12 -foot wide access road to the Site, and shall install coniferous
landscape plantings 5 feet in height spaced every 6 to 8 feet around the
perimeter of the Site to screen the Facilities from view, all as described in
Exhibit B. Tenant shall be solely responsible for the construction or installation
and maintenance of such road and plantings during the term of this Agreement
and shall not, at the expiration or termination of this Agreement, remove such
road or plantings. Upon expiration or termination of this Agreement, all right
and title in said improvements shall vest in the Owner. Upon termination or
expiration of this Agreement, Tenant will remove the above -ground Facilities,
and will remove any foundation down to one foot below grade level.
8. Compliance with Laws. Owner represents and warrants to Tenant that
Owner's Property (including the Site) and all improvements located thereon,
are in substantial compliance with building, life /safety, disability and other
laws, codes and regulations of applicable governmental authorities. Tenant
will substantially comply with all applicable laws relating to its possession
and use of the Site, and .the Facilities and any other improvements constructed
or installed on the Site shall conform with building, life /safety, disability and
other laws, codes and regulations of applicable governmental authorities and,
particularly, any equipment shelter shall be constructed in compliance with
Shakopee City Code, Chapter 121, Section 11.60, Subd. 4. as determined by
Owner Initials:
Tenant Initials:
Site Name: Sha lknper \rrl Site ID #: MS80XC232
City Zoning Administrator. The Owner may withhold a building permit or
otherwise enforce compliance with said Code until such time as Tenant has
complied with such Code.
9. Interference. Tenant will resolve technical interference problems that the
Facilities might cause with other equipment located at the Owner's Property
on the Effective Date. Owner will not permit or suffer the installation of any
equipment on Owner's Property after the Rent Commencement Date that: (a)
results in technical interference problems with the Facilities, or (b) encroaches
onto the Site.
10. Utilities. Owner represents and warrants to Tenant that all utilities
adequate for Tenant's intended use of the Site are available at or near the Site.
Tenant will pay for all utilities used by it at the Site. Owner grants to Tenant
and the local utility companies (as appropriate) any licenses or rights to access
the Site that are reasonably required by Tenant or the utility companies in
order to provide utility service required by Tenant for its intended use of the
Site throughout the initial Term and each Renewal Term, and Owner will
execute, at no cost to Tenant or the utility companies, any instrument(s)
reasonably necessary to evidence such rights. If there is a loss of electrical
service at the Site, Tenant may, at its expense, install and maintain a
temporary generator and fuel storage tank at the Site or on Owner's Property
adjacent to the Site.
11. Termination. In accordance with paragraph 12, either party may
terminate this Agreement on written notice to the other party in the event such
other party defaults beyond all applicable cure periods. Tenant may also, at
any time and for any or no reason, terminate this Agreement without further
liability by delivering 360 days prior written notice to Owner. If Tenant elects
to terminate this Agreement after the Rent Commencement Date but prior to
the end of the initial Term or the first Renewal Term, then Tenant will pay to
Owner a termination fee in the amount of six (6) months rent ( "Termination
Fee. Notwithstanding the foregoing, no Termination Fee will be due if
Tenant's election to terminate is based on any of the following reasons: (1)
Owner's failure of proper ownership or authority or other default by Owner;
(2) failure to obtain or maintain any license, permit, approval or authorization
through no fault of Tenant; (3) any portion of the Site or the Facilities is
damaged, destroyed, condemned or transferred in lieu of condemnation; (4)
the Site or the Facilities becomes inappropriate for Tenant's operations
because of technological reasons, including, without limitation, signal
interference.
12. Default. If either party is in default under this Agreement for a period of
30 days following receipt of written notice from the non - defaulting party, the
non - defaulting party may pursue any remedies available to it against the
defaulting party at law and in equity, including, but not limited to, the right to
terminate this Agreement, provided, however, that in no event shall the Owner
be liable to Tenant or any other party for any interruption in Tenant's service
or other loss of business damages. If a non - monetary default cannot
reasonably be cured within a 30 -day period, this Agreement may not be
terminated if the defaulting party commences action to cure the default within
the 30 -day period and proceeds with due diligence to fully cure the default.
13. Indemnity. Except with respect to Hazardous Substances, which are
defined and provided for in Section 14 below, Owner and Tenant each
indemnifies and agrees to defend the other against and holds the other
harmless from any and all costs (including reasonable attorneys' fees),
damages, claims of liability and losses (collectively, "Claims ") which arise
out of the negligence or intentional misconduct of the indemnifying party, its
agents or contractors. This indemnity is subject to the waiver of recovery in
Section 17 below, and does not apply to any claims arising from the
negligence or intentional misconduct of the indemnified party, its agents or
contractors. The indemnity obligations under this Section will survive
termination of this Agreement.
14. Hazardous Substances. Owner represents and warrants to Tenant that it
has no knowledge of any substance, chemical or waste on or affecting
Owner's Property that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation (collectively, "Hazardous
Substance "). Owner agrees to indemnify, defend and hold harmless Tenant
from any and all Claims relating to any Hazardous Substance present on
Owner's Property prior to or on the Rent Commencement Date, unless the
presence or release of the Hazardous Substance is caused by the activities of
Tenant. Tenant and its agents or contractors will not introduce or use any
Hazardous Substance on the Site in violation of any applicable law, and
Tenant will indemnify, defend and hold harmless Owner from and against all
Claims arising out of Tenant's breach of this sentence. Owner and its agents
or contractors will not introduce or use any Hazardous Substance on Owner's
Rev. 06/28/2006
Property in violation of any applicable law, and Owner will indemnify, defend
and hold harmless Tenant from and against all Claims arising out of Owner's
breach of this sentence. The provisions of this Section will apply as of the
Effective Date, The indemnity obligations under this Section will survive
termination of this Agreement.
15. Subordination and Non - Disturbance. This Agreement is subordinate to
any mortgage or deed of trust of record against the Site as of the Effective
Date. Promptly after this Agreement is fully executed, however, Owner will
obtain a non - disturbance agreement in a form reasonably acceptable to Tenant
from the holder of any mortgage or deed of trust.
16. Property Taxes. Tenant will pay Owner any increase in Owner's real
property taxes that is directly attributable to improvements to the Site made by
Tenant. Owner must pay prior to delinquency, all property taxes and
assessments attributable to Owner's Property. Within 60 days after receipt of
evidence of Owner's payment and a completed Tax Increase Worksheet in the
form of Exhibit C attached, Tenant will pay to Owner any increase in
Owner's real property taxes which Owner demonstrates, to Tenant's
satisfaction, is directly attributable to any improvements to the Site made by
Tenant.
17. Insurance. During the initial Term and all Renewal Terms, Owner will
procure and maintain insurance coverage equaling or exceeding its tort
liability caps under Minnesota Statutes, Chapter 466, and Tenant will procure
and maintain commercial general liability insurance, with limits of not less
than $1,500,000 combined single limit per occurrence, and $2,000,000
aggregate, and will make Owner an additional insured on such policy. Tenant
will provide to Owner and maintain with Owner a Certificate of Insurance
accurately evidencing Tenant's current insurance coverage with respect to the
Site. Tenant will cause its insurance policy to provide that the insurance
company waives all rights of recovery by subrogation against the Owner in
connection with any damage covered by the policy. Each party waives its
right of recovery against the other for any loss or damage covered by any
property insurance policies maintained by the waiving party.
18. Maintenance. Tenant will be responsible for repairing and maintaining
the Facilities and any other improvements installed by Tenant at the Site in a
proper operating and reasonably safe condition; provided, however, if any
repair or maintenance is required due to the acts or omissions of Owner, its
agents, contractors or employees, Owner will promptly reimburse Tenant for
the reasonable costs incurred by Tenant to restore the damaged areas to the
condition which existed immediately prior thereto. Owner will maintain and
repair all other portions of Owner's Property in a proper operating and
reasonably safe condition.
19. Miscellaneous. (a) This Agreement applies to and binds the heirs,
successors, executors, administrators and assigns of the parties to this
Agreement; (b) this Agreement is governed by the laws of the state in which
the Site is located; (c) Owner agrees to promptly execute and deliver to
Tenant a recordable Memorandum of Agreement in the form of Exhibit D,
attached; (d) each party will execute, within 20 days after written request, an
estoppel certificate or statement certifying that this Agreement is unmodified
and in full force and effect or, if modified, describing such modification(s),
and that the other party is not in default (beyond applicable cure periods),
except as specified in the statement. The estoppel certificate may also certify
the current rent amount and whether any rent has been paid in advance; (e)
this Agreement (including the Exhibits and Riders) constitutes the entire
agreement between the parties and supersedes all prior written and verbal
agreements, representations, promises or understandings between the parties.
Any amendments to this Agreement must be in writing and executed by both
parties; (f) if any provision of this Agreement is invalid or unenforceable with
respect to any party, the remainder of this Agreement or the application of the
provision to persons other than those as to whom it is held invalid or
unenforceable, will not be affected and each provision of this Agreement will
be valid and enforceable to the fullest extent permitted by law; and (g) the
prevailing party in any action or proceeding in court or mutually agreed upon
arbitration proceeding to enforce the terms of this Agreement is entitled to
receive its reasonable attorneys' fees and other reasonable enforcement costs
and expenses from the non - prevailing party in an amount not to exceed
$15,000.00.
20. Non - Binding Until Fully Executed. This Agreement is for discussion
purposes only and does not constitute a formal offer by either party. This
Agreement is not and will not be binding on either party until and unless it is
fully executed by both parties.
The following Exhibits and Riders are attached to and made a part of this
Agreement: Exhibits A, B, C, and D
Site Name: Shaknprr Yv"1 Site ID #: MS80XC232
Rev. 06/28/2006
OWNER:
City of Shakopee, a Minnesota municipal corporation
By:
Name:
Title:
Date:
Taxpayer ID:
Address: City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379
Contact Phone Number: 952- 233 -9300
TENANT:
Sprint Spectrum Realty Company LP
By:
Name:
Title:
Date:
Attach Exhibit A — Legal Description of Owner's Property
Attach Exhibit B —Site Plan
Attach Exhibit C — Tax Increase Worksheet
Attach Exhibit D - Memorandum of Agreement Form
April 2005
Site Name' Shaknpee Xrel Site ID #: MS80XC232
The Owner's Property is located at 6100 Oxford Road South, situated in the City of Shakopee, County of Scott, State of Minnesota
commonly described as follows:
PI 272500980
Park 9, 10, 12, 13, 14 & 15, Southbridge 1st Addition, Scott County,
Minnesota
Law Dept PC Does 77251 v2
EXIIIBIT A
TO SITE AGREEMENT
Legal Description of Owner's Property
Insert Legal Description:
Site Name. Shnknpet. xcei
Law Dept PC Docs 77251 v2
EXHIBIT B
TO SITE AGREEMENT
Site Plan
The Site is described as follows:
Insert Site Plan: See attached 3 pages
Note: Owner and Tenant may agree to replace this Exhibit
with an exhibit setting forth an as -built drawing depicting the
Site. Without limiting the generality of the foregoing:
1. The Site may be setback from the boundaries of Owner's
Property as required by the applicable governmental
authorities.
2. The access road's width and structural composition and
integrity may be modified as required by governmental
authorities, including police and fire departments.
3.
4. The locations of any utility rights of way are illustrative
only. Actual locations may be determined by Tenant
and/or the servicing utility company in compliance with
local laws and regulations.
April 2005
Site ID #: MS80XC232
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• - EXISTING
GRA69
NOTE:
L XCEL ENEMY /MALI. FURWEN NO
METALL (AT /PRAT EXPENBE) A 141651
2LTE •VIERTICAL CAALE 6YOT9T OH TIE
TOILER AT EXIITNG CLIME LEG LOCATION,
TO BE MULLED FER ELAMF,6CrlRER'6
IRECO1' OATIAM6 NJD EFECFICATIOII
rWJIPACTIREPL _
"HON TOM SAFETY, !F1lC',TE4 (1662) IOi - -TIO1
56 W41G 120yl6APETYOOr1
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I NEW unerTY N- PRATE UVrELCO
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I I1W ED 1 wrALLED err C
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EEL DIG. E -2 FOR DETALO
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I MU FALL NROTECTIOH 6TET191
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DY CONTRACTOR
BEE CM. C -1 FOR DETAILS
NEW 0 FT. UEDE ACCESS
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wTALLED eY
CONTRACTOR
BEE cur. o-6 FOR DETAILS
NEW GRAVEL W TNM NEW
LEASE AREA UNDER STEEL
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METALLED eY
CONTRACTOR 663 DETAIL
3/C -3
NEW LANDSCAPED
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DT CONTRACTOR
SEE DUG L -1 FOR DETAILS
SITE PLAN
SCALE. L'8 T -0'
(3) NElll S•1 BELOY
ORADE PVC
COE)UIr6 UY (b)
NEW SPRNT COAX
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(
/
EXISTNG OVERHEAD
UTILITY LIES (TYP)
Date:
NOTE:
EXACT COAX ROUTR•G AND STAC- G AND
ANTETFIA MINTING SHALL Be CQI616TEM
UTN TIE STRUCTURAL REPORT
ce+tI?y tha
report was piepar
supervisioT and I1
Professional Engiv
State of MOlr e
Print Name:
Signature
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r.r1A. AkA INKY
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IIMEN'OLO Ttl 5541
1EL 60 -)01 -5)36
FAX 60- 311.6603
IBM
%lin= Engueviee Omalkars.
9600 W BRYN MAUR AVE.
GATE 200
ROSE5CNT. ILLINOIS 60016
TEL, 6I1- 292 -0200
FAX, Dal -292 -0)06
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Cefti t11
Signature:
• 61RIGT7RA- STEEL PLATES. SHAPES OCT DARE
COR
FOI TO /87714877 GRADE 50 OR 48171 � . NOTED
O NERIASE. COLD POW 7118443 61441-1. CORICVE1'
AL . _ . .
GRADE 5. PIPES S, CO 1 P TO ASTH A301 CR ASIR 456.
S. ALL BOLTS (011-8R ANCHOR THAN A BOLTS7, NITS 460 I1484ER5
SHALL CONFORM TO THE R[WIREFINTS Cl" 45111 4325. ALL BOLTS
544/LL BE 3/4 NC11 D W'ETER MNNWM.
4. ALL WELDING WOAD BE DONE BY CERTPIED WELDERS AND
NULL CGFORt TO AWN DU • STRIC1URAL 4ELDEG CODE LATEST
EDITION. ALL MELDING ELECTRODES SMALL BE ETD.
R
5. COATING 84441, CC CAPABLE 0' SIPPORG INDICATED LOADS.
A
USE STANDARD 4 -50,18 D CLIPS SCR ATI 570. GRATING
AADLLE CLIP PAWNERS SHALL BE 45TH A510 GRADE 36 W
MINMl1 11400E86 GIP 14 14 G SELF TAPPING GRATING FAWNERS
111 44
B OLTS 14 70TARRING 36 CP 14 GA SELF TARRING GRATNG
O .4559193/5 U 50.15 SMA 414.
LL BE 87 566 STEEL FETE 48111 474
PE
T 410.
b. A ALL STEEL SHAPES, EARS A PLATES SHALL CE NOT DIPPED
GALVANIZED.
B. FIELD Tana 18 ALL PAINTED AND GALVANIZED SURFACES.
0144
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O NOTES
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,.
T4/ .110 001
S511 - Tr1171•L AYE. 4 METE 00
IINEAPOt15, H4 5545
TEL, 6D- 704 -33 FAX FA 612.3612.3,1-664n M -56
%00 W. BRYN 11AUR AV5.
SUITE 700
ROSEMONT, ILLINOIS 60010
97
TEL 841. 7.0700
FAX, 841. 797•0705
DP PALS..855 ,
0.4.10301 t.
IT 0 •o MOOR* C°EU *w 4c.
IMAM NT My* 0•S . .r .e .�.. vY ° 5111
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WINOS Ite OPPICA03 ..107701 COMM
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PERM
REVISION
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Al
Al
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7y t this plan, specificati•
�� 84ppoT d by me or under
STRUCTURAL STEEL NOT El$ervisio• and t I e m a duly
L ALL 51}{CRRAL STEEL wow awl. CQFONPTO} 1 En 3 : r : or ern t he
'SPEORCATILN FOR THE DESIGN, FABRICATION �' '• • }p:SC•l 1. / ,.. B l op.,
B TIVCTC 8 865111. FOR AC DFtl6'. LATEST ® 1t' t111TE:4 1 ��.
WOE o 6TANOAIm PRACTICE FOR STEEL BJEDIC>0 AND � /
EIWOGE6 LATEST EDITS, A — =:
&tE
SNAKOPE
TOUIER •
L INE •0982/0898
SITE •41'ICER
MS80XC232 -A
617E 4055859
6100 OXPCRO RD
SHAKOPEE;114 55315
EQUIPMENT
PLATFORM
DETAILS
9.E2� N[
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NOTE:
ALL 0441* .E ARE
CAMS UN_
- I'O CR GYP. PEYP.-Iea
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cae 8aIL
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3•
PIER / BEAM
14! CASE8T • LOO LOS
DIE/DE CABEST • DSO LOS
!BE C.b1CT • 345C LOS
LIVE LOAD • 40 PELF
6
4 PER / 5EN1
3 3'-4
5..
(D CASINET LOCATION PLAN
SCALE. 3116• • 1.-D•
NEW LADDER
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DWG. . 0-1
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CONCRETE
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DWG C-1
t meal BEAM
0
O SECTION —A
SCALE- 64• • I' -
OTYPICAL CONNECTION DRTAIL
SCALE. µT8. hereby .
Cefti t11
Signature:
• 61RIGT7RA- STEEL PLATES. SHAPES OCT DARE
COR
FOI TO /87714877 GRADE 50 OR 48171 � . NOTED
O NERIASE. COLD POW 7118443 61441-1. CORICVE1'
AL . _ . .
GRADE 5. PIPES S, CO 1 P TO ASTH A301 CR ASIR 456.
S. ALL BOLTS (011-8R ANCHOR THAN A BOLTS7, NITS 460 I1484ER5
SHALL CONFORM TO THE R[WIREFINTS Cl" 45111 4325. ALL BOLTS
544/LL BE 3/4 NC11 D W'ETER MNNWM.
4. ALL WELDING WOAD BE DONE BY CERTPIED WELDERS AND
NULL CGFORt TO AWN DU • STRIC1URAL 4ELDEG CODE LATEST
EDITION. ALL MELDING ELECTRODES SMALL BE ETD.
R
5. COATING 84441, CC CAPABLE 0' SIPPORG INDICATED LOADS.
A
USE STANDARD 4 -50,18 D CLIPS SCR ATI 570. GRATING
AADLLE CLIP PAWNERS SHALL BE 45TH A510 GRADE 36 W
MINMl1 11400E86 GIP 14 14 G SELF TAPPING GRATING FAWNERS
111 44
B OLTS 14 70TARRING 36 CP 14 GA SELF TARRING GRATNG
O .4559193/5 U 50.15 SMA 414.
LL BE 87 566 STEEL FETE 48111 474
PE
T 410.
b. A ALL STEEL SHAPES, EARS A PLATES SHALL CE NOT DIPPED
GALVANIZED.
B. FIELD Tana 18 ALL PAINTED AND GALVANIZED SURFACES.
0144
C MIND ALL WILDS TO A 8110 FINISH
O NOTES
Sprint)
,.
T4/ .110 001
S511 - Tr1171•L AYE. 4 METE 00
IINEAPOt15, H4 5545
TEL, 6D- 704 -33 FAX FA 612.3612.3,1-664n M -56
%00 W. BRYN 11AUR AV5.
SUITE 700
ROSEMONT, ILLINOIS 60010
97
TEL 841. 7.0700
FAX, 841. 797•0705
DP PALS..855 ,
0.4.10301 t.
IT 0 •o MOOR* C°EU *w 4c.
IMAM NT My* 0•S . .r .e .�.. vY ° 5111
.
WINOS Ite OPPICA03 ..107701 COMM
at0.350 011,
AITOOPED VC
MOT
7.041•
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03/041
05.0/0
OWNS
088440
R
re
LINE MET
86 1!38N 144
1
REV.E MEP
54 % FENN
FINAL
PERM
REVISION
N
4/
J/
4/
Al
Al
Au
7y t this plan, specificati•
�� 84ppoT d by me or under
STRUCTURAL STEEL NOT El$ervisio• and t I e m a duly
L ALL 51}{CRRAL STEEL wow awl. CQFONPTO} 1 En 3 : r : or ern t he
'SPEORCATILN FOR THE DESIGN, FABRICATION �' '• • }p:SC•l 1. / ,.. B l op.,
B TIVCTC 8 865111. FOR AC DFtl6'. LATEST ® 1t' t111TE:4 1 ��.
WOE o 6TANOAIm PRACTICE FOR STEEL BJEDIC>0 AND � /
EIWOGE6 LATEST EDITS, A — =:
&tE
SNAKOPE
TOUIER •
L INE •0982/0898
SITE •41'ICER
MS80XC232 -A
617E 4055859
6100 OXPCRO RD
SHAKOPEE;114 55315
EQUIPMENT
PLATFORM
DETAILS
9.E2� N[
C -0
2
tit
Site Name: ShaknpPP Xr PI
Site Address/Description:
Tax Jurisdiction Name
(County /Town):
Tax Jurisdiction Parcel #:
State:
Law Dept PC Docs 77251 v2
EXHIBIT C
TO SITE AGREEMENT
Tax Increase Worksheet
When Owner's real property tax is increased due directly
and solely to improvements to the Site made by Tenant,
this Worksheet must be completed and returned to
Tenant together with a statement requesting
reimbursement of the assessment and all necessary tax
bills to: Sprint/Nextel Property Services, Mailstop
KSOPHT0101- Z2650, 6391 Sprint Parkway, Overland
Park, Kansas 66251 -2650, Attention: Property Services.
Owner must validate that the assessment is directly and
solely attributable to improvements to the Site made by
Tenant.
Site ID #: MS80XC232
6100 Oxford Road South
Scott County
City of Shakopee
272500980
Minnesota
Assessor must provide an explanation of any increase in
Owner's property value. This includes a breakdown of
what portion of value is directly and solely attributable
to Tenant's equipment on the Site.
Year Increase Occurred:
Market Value Prior to
Sprint/Nextel:
Market Value After
Sprint/Nextel:
Portion of Market Value 100%
Due to Sprint/Nextel:
Assessed /Taxable Value
Prior to Sprint/Nextel:
Assessed /Taxable Value
After Sprint/Nextel:
Portion of 100%
Assessed/Taxable Value
Due to Sprint/Nextel:
Zero (Exempt)
Zero (Exempt)
Property Owner must attach copies of all tax
bills /statements and receipts beginning with the year
prior to the year the increase occurred due to Tenant's
improvements.
Site ID #: MS80XC232
April 2005
Note: Nothing in the Agreement or this Tax Increase
Worksheet limits either party's right to contest, appeal or
challenge any tax assessment. At Tenant's request, Owner
agrees to file a timely protest with the appropriate taxing
authority, and Owner consents to Tenant's intervention and
prosecution of the protest. Owner and Tenant will cooperate
with each other in any protest of an assessment, and provide
each other with information regarding the relative valuation of
their property interests, as may be necessary.
Site Name: Shaknrrr \rrI
EXHIBIT D
TO SITE AGREEMENT
Memorandum of Agreement
This Memorandum of Agreement ( "Memorandum ") dated
2010, evidences that a Site
Agreement (the "Agreement ") dated
2010 (the "Effective Date "), was made and entered into
between City of Shakopee, a Minnesota municipal corporation
( "Owner ") and Sprint Spectrum Realty Company LP
( "Sprint/Nextel" or "Tenant ").
The Agreement provides in part that Sprint/Nextel has the
right to enter upon certain real property owned by Owner and
located at 6100 Oxford Road South, City of _Shakopee, County
of Scott, State of Minnesota, as further described in the
Agreement (the "Site ") for the purpose of performing
investigations and tests and, upon finding the Site appropriate,
to lease the Site for the purpose of installing, operating and
maintaining a communications facility and other
improvements. The Site is further described in Exhibit A
attached hereto.
The term of Sprint/Nextel's lease and tenancy under the
Agreement is 5 years commencing on the Effective Date, and
is subject to 5 renewal terms of 5 years each that may be
exercised by Tenant.
Attach Exhibit A - Site Description
Law Dept PC Docs 77251 v2
Site ID #: MS80XC232
April 2005
The parties have executed this Memorandum as of the day and
year first above written.
OWNER
City of Shakopee, a Minnesota municipal corporation
By:
Name:
Title:
Address: City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Contact Phone Number: 952- 233 -9300
SPRINT/NEXTEL
Sprint Spectrum Realty Company LP
By:
Name:
Title:
Address: Sprint/Nextel Property Services,
Mailstop KSOPHT010l- Z2650,
6391 Sprint Parkway,
Overland Park, Kansas 66251 -2650
Site Name: S xrel
OWNER NOTARY BLOCK:
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was (choose one) Dattested or Dacknowledged before me this day of
, 2010, by , as of the City of Shakopee, a Minnesota municipal corporation
, on behalf of the corporation.
(AFFIX NOTARIAL SEAL)
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
SPRINT/NEXTEL NOTARY BLOCK:
STATE OF
COUNTY OF ILLINOIS
The foregoing instrument was (choose one) Dattested or ['acknowledged before me this day of
, 2010, by as of Sprint Spectrum Realty Company LP,
on behalf of the limited partnership
(AFFIX NOTARIAL SEAL)
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
Law Dept PC Docs 77251 v2
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
COMMISSION NUMBER:
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
April 2005
Site ID #: MS80XC232