HomeMy WebLinkAbout07-07-15 City Council Packet Pt 2-11 IF )I
LAKE ELMO
1-1
DATE:
REGULAR
ITEM #
Ajf
AGENDA ITEM: Verizon Wireless Request to Enter Into Lease Agreements
SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Garret Lysiak, OWL Engineering and Test Labs
Nick Johnson, City Planner
July 7, 2015
SUGGESTED ORDER OF BUSINESS:
Introduction of Itein.....................................ConununityDevelopment Director
Report 'Presentation..............................Community Development Director
Questions from Council to Staff ..... ....... ............ Mayor Facilitates
Call for Motion .. ...... .... ............ Mayor & City Council
Discussion ...... ...................„..... ..... Mayor & City Council
Action on Motion ...... ......... ................................................. Mayor Facilitates
16
POLICY RECCOMENDER: Staff is recommending that the City Council authorize Staff to
negotiate potential lease agreements with Vcrizon Wireless to locate a new wireless
communications antenna on the Ideal Avenue water tower and to build a new stand-alone
telecommunications tower on the Langley Court water tower site.
FISCAL IMPACT: TBD — The proposed lease agreements will generate revenue for the City;
the water tower lease is expected to generate between $20,000 to $30,000 per year. With a
stand-alone tower location, the City could either lease the land to a tower company or take
ownership of the tower and lease space for multiple antennae on the tower. The total value of
this type of lease arrangement has yet to be determined.
SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a
request from TechScape Wireless, on behalf of Verizon Wireless Communication, to engage in
lease negotiations with the City for the following:
To lease space on the City's Ideal Avenue water tower to install a new
telecommunications antenna array on the tower. The request also includes the ability to
-- Page
City Council Meeting [Regular Agenda Item IN
July 7, 2015
lease space on the ground adjacent to the water tower for equipment accessory to the
antenna.
To lease property on the site of the Langley Court water tower site to build a new stand-
alone telecommunications tower and related equipment building. Verizon would use
said tower for a new antenna array.
If the Council agrees to pursue the requested lease agreements, Verizon would likely begin the
planning and zoning application process for each site. In this case, the antenna that would he
located on the Ideal Avenue water tower could he processed administratively while the new
tower on the Langley Court site would need to be reviewed as a Conditional Use Perinit.
The suggested motion to take action on the Verizon request is as follows:
"Move to adopt authorize Staff to negotiate lease agreements with Verizon Wireless
Communications for the Ideal Avenue and Langely Court water tower sites"
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Lake Elmo
Wireless Communications Tower Ordinance, which was adopted in 2009, establishes a priority
level for the consideration of new facility requests. At the top of this list is the placement of
antennae on existing buildings and structures. Consistent with the ordinance, Verizon Wireless
has been seeking locations for new antennae in Lake Elmo, and was directed to the City's
existing water towers to confirm the suitability of these sites to provide coverage within the City.
Both the Ideal Avenue and Langley Court water tower sites have been found to work for
Verizon; however, the Langely Court water tower does not have any additional capacity to
accommodate another wireless communications array (there are currently three providers already
on this tower).
Due to the lack of capacity on this site, Verizon has been looking for another location within the
Village Area that can accommodate its equipment. After reviewing public sites within the
Village with Staff, Verizon is asking that the City consider leasing space on the Langely Court
site to build a new antenna that can accommodate its equipment and additional carriers in the
future. This new communications tower would be separate from the water tower, and is
proposed to be 100 feet in height (which is very close to the height of the water tower).
Should the Council authorize Staff to negotiate with Verizon on the Langely Court site, Staff will
be pursing an option that would give the City ownership of the tower and the ability to lease to
additional carriers in the future. Under this scenario, a taller tower could be constructed on the
site that could accommodate the existing carriers that are presently located on the water tower.
This action would avoid a potential loss of lease revenue in the future once the water tower is
removed, and would also help avoid potential future requests for new antenna or tower sites
within the Village.
page 2 --
City Council Meeting [Regular dgent-ht Item 16]
July 7, 2015
The City has asked its wireless communications consultant, Garret Lysiak of OWL Engineering,
to attend the Council meeting and to address and questions concerning Verizon's request. In
addition, TechScape Wireless will have its representatives available to answer questions as well.
BACKGROUND INFORMATION (SWOT):
Strengths
Weaknesses
Opportunities
Threats
The proposed lease agreements will generate additional revenue
for the City and utilize existing public land.
By using City land, the applicant will not pursue private sites
around the Ideal Avenue and Village areas.
The use of public sites is consistent with the recently amended
wireless communications ordinance.
The Langely Court water tower site is located within a single
family area.
The additional antennae will help improve wireless coverage for
Verizon customers in Lake Elmo
If the City does not pursue leases on public property, Verizon
will be seeking private sites to accommodate its facilities.
RECOMMENDATION,: Based upon the above background information, it is recommended
that the City Council authorize Staff to negotiate potential lease agreements with Verizon
Wireless to locate a new wireless communications antenna on the Ideal Avenue water tower and
to build a new stand-alone telecommunications tower on the Langley Court water tower site by
taking the following action / with the following motion:
"Move to adopt authorize Staff to negotiate lease agreements with Verizon Wireless
Communications for the Ideal Avenue and Langely Court water tower sites"
ATTACHMENTS:
I. Request Letter—TechScape 6/18/15
a. Final Survey Dated 6/3/2015
b. Preliminary Construction Drawings Dated 6/8/2015
c. Lease Exhibit Dated 5/27/2015
d. Site Sketch Dated 2/10/2015
e. Verizon Lease Agreement Template
2. Request Letter — TechScape 6/18/15
a. Final Survey Dated 6/15/2015
b. Lease Exhibit Dated 6/9/2015
c. Site Sketch Dated 4/23/2015
d. Preliminary Construction Drawings Dated 6/4/2015
e. Verizon Lease Agreement Tetnplate
f. Limited Waiver of Use Restriction and Consent to Lease
-- page 3 --
�
/��/ /�f�u
�^�v ^^��
}2}Cedar Street North
Chaska, MIN B318
June l8,ZOl5
Kyle K|att, Planning Director
City o[Lake Elmo
]8OOLaverne Ave N
Lake Elmo, mN55D4
Re: VuhznnWireless Request toLease City Property
Proposed Monopole Tower
Site Address: 33O3Lang|yCourt North, Lake Elmo MN
Verizon Site. MIN T(CKLE
Dear Mr. K|att'
Please accept this letter as an official request on behalf of Vehzon Wireless to enter into a Lease
Agreement with the City ofLake Elmo to install wireless antennas and associated ground equipment at
the above referenced property.
The City has been provided with the following documentation in order to review this request:
~ Verizmn Lease Agreement Template
~ Preliminary Construction Drawings Dated 6'18'2Ol5
° Lease Exhibit Dated 5'27'2015
° Site Sketch Dated 2'10'2015
° Final Survey Dated 6'}'2Ul5
VVehave been \ncontact with City staff over the last six months, On February 2DISVe,bonperformed
a she walk with City staff to determine equipment configuration and overall construction feasibility of
the proposed site.
Atthis time, we request inclusion on the 7 July 2015 [by Council agenda in order to obtain official
approval from the City Loengage inlease negotiations.
My firm, representing KG| and Vcrizun Wireless, will continue to be your point -of -contact throughout
this process and we /uuk forward tuworking with the City.
Very sincerely,
Karyn[/8rien,President
kobrien@ntechsovpewke|eo.com
952288,8130
71:[1JS(3['E/Ql?tlEJ5/5]1-0<tlUOYHE/6/LF01- K(;l/[/8EL��Y
SHEET 1 OF 2 SHEETS
PROPERTY DESCAtPlION' $
• c, 1,1;2 cc • ,
• Wew
, =1,
..ta,trrn re,,,ant t.,
f3n, Wit w 06,
SITE NAME:
MINC TICKLE
War..1,19,0r1C.,,,, MN
SITE SURVEY
LAW SPACE OF.SeRtPTION.
ACCESS UTILITIES RIGHTS OF WAY OESCRIPTION:
,t1 ,
wc
, twnw, 5.01i f.
UTIUT1E RIGHT OF WAY DESCRIP110415.
E0Ena, +5,, EIE En, 0, 0 wa
tlwww www, c r, W
I CHFSKElaPt S#RDRAWN gr mog:i,t4 WW,,WW
WIDSETH SMITH NOLTING
nnrvrW I ArP,teru,p I 1 EP.o,r0r,,,,wWii
0
NU- GGIonGEMuso
Moon n A au ISGE yt.1
FDY :auEnu suman
n UN a GNI :U t`
t ia�3'Jt?::h555
SHEET 2 OF 2 SHEETS
PIOE ta4Y2Y]3OG6S
CNN OF LADE ELMO
SITE NAME:
MINC TICKLE
Wasnfng'an County MN
iekft k SRtfq xk....a�y
J,1E: LE
SITE SURVEY
LEGEND
ELEC 1 L'0 SIDLE
GAS VALVE
WAtER VALVE
MSORM,
GUYANCHOR
SIGN
ELEC NERD
EIEC METER
T EL° PEDESTAL
'.IHEINTELE NarMEDDLE
O EE DECIDUOUS
TREE. CONIFEROUS
SHRUB
.DjAS METER
GATE POSY
GUARD POST
MAINEDX
GUY Fp1y
AC OUT
GRIN
NORTH MAGNETIC
144RTH
umuyouya
I CDECIFEG OY ELM, IDRAWN
-Fiil T+u9-+-!'r
MEMNTCN LINE
CLUAR0CR LINE
BIGHT OF WAY LINE
SOUNOADY LJNE
LOT LINE
PROPERTY EINE
CULVERT
UNDERGROUND El
UNDERGROUND Et EC
OVERHEAD ELEC
UNDERGROUND GAS
UNDEk ARCLuND TELE
WRIMEERMIN
EDGE OF DVO ODS
PENCE CHAIN LPN
CENTEA00 RAILRii0G
.GNCRETE SURFACE
NUELIND e WAI L MATCH
GRAVEL SURFACE
SURVEYOR NO FES
LAKE
ELMO
EXISTi�
TOWER
' SITE
OTIi STREET N ! .
. _.. i ... LAND
SPACE
r=aao'
VICINITY MAP
DETAIL
WIDSETH SMITH NOLTING
nng I AG Iecu a SNr NIRM E al PRAM,.
EXISTING PUBLIC RIGHT OF WAY
EXISTING
POWER POLE
EXISTING
COMPOUND
EXISTING
BUILDING
EXISTING
WATER
b(IST INC-
1_ BUILDING
EXISTING
. BITUMINOUS
ROAD
'-0.
LIDES
WAY
EX STING DRIVEWAYS, TYR
1,4primar -o•
:maws
RIGHT OF WAY
j EXISTING
POWER POLE
EX STING PROPERTY LINE, TYR
X
rING TREES, TYP,
LESSEE 20-0.
X 50.-0. LAND
SPACE
ES
AY
12'-fr
Arnums- MKS -OF WAY
NORTH
MINC
TICKLE
EXISTING OVERHEAD
ELECTRIC RUN
EXISTING BUILDINGS
NORTH
' 0SITE PLAN
1 6ALEH'-=.-'66'-'
DE I N
STID ST,LEY VIEW ROAD
EDER .RAtroL SITTO WREST 4, DAVIS RIA
WITIVISSDDID ARCHITECT
EXISTING POWER
POLE (TYP)
EXISTING
PROPERTY UNE
EXISTING
FENCE
EXISTING
TREE
MASS
EXISTING
25SETBACK
EX STING
WATER TANK
EXISTING
BUILDING
VERIZON
WIRELESS
10901 BUSH LAKE ROAD
BLOOMINGTON, MN 55438
1612) 720-0052
EXISTING
TREE
(TYP)
PROJECT: 2014 22104
MINC
TICKLE
LANGLY COURT NORTH
LAKE ELMO, MN 55042
EXISTING
BUILDING
EXISTING
GAS
EQUIPMENT
-PROPOSED
11.-6" X 29.-5 1/2"
PREFABRICATED
EQUIPMENT
SHB.TER
\ EXISTING
BUILDING
(APPROX.
LOCATION)
EE
X 50'
SPACE
EXISTING
TREE
MASS
PROPOSE) VEGETATIVE SCREENING
I NNT•l• 20' X
LAND SPACE
PROPOSED
PARKING AREA
PROPOSED 11.-6X 29.-5 /2.
PREFABRICATED EQUIPMENT SHELTER
IGN
xr 11.E? VIM' DODD
EDEN PRAIRIE MI1 IIEEM REINERT J CAMS MA
DIEM aulonl P.scHTECT
...... .
.......
X x
VERIZON
WIRELESS
10E01 BUSH LAKE ROAD
LOONIIN5TON, MN 55-1373
(6121720-0062
EXISTING FREE MAS
EXISTING PROPERTY LINE
PROPOSED CH4JN UNK
NORTH
0 ENLARGED SITE PLAN
SCALE: 1" = 10'
GRAPI-IC SCALE
PROJECT: 20141122104
MINC
TICKLE
LANGLY COURT NORTH
LAKE ELMO, MN 55042
MINC TICKLE NEW BUILD
PROJECT INFORMATION
O fEE tlpfa.
EOE A0Dopsof
COUNTE"
EIEEJLEL,
LONGITUDE:
ORAWIEIG, SPSED op
ofTE DATA FORNE Waft,
O CCuPPEXP.
aulEoloo EPPE.
SO E. APE,
POOP LoPEE.
NIINC TICKLE
3404 LANGLY COLN 1 LT
c PEE Elp00, fool 5.504,
wpPoirEGTON
FY 44005- OLE, 0054,3
ET NE` 52- 44,80 0-00110
PEEPPEE
v41
Jo.% 50'P MOO 5,f
LiplifEopo 105 pfPF
ISSUE SUMMARY
kov. DESCEOPEION
IS0613 i.oP PE.p/PEN 64-28.15
ISSUED POR PERMIETPEE 05E21015
opooppl POO PEEPOIEENG 0.5.18.1P
SHEET INDEX
OPEEE.1
1.1
stTe PLEPE, 'fifrfitfPf.8E,DE1PPL. CHECKLIST
4.2 ENEMEOED slrE PLAN
4.2,0 E.,PfEDEPPE PEEVE. AND OE EPEES
ACt ANTENNA END COAX NCE. CE04.4 EXTILTON PLAN NOTES
051 0E1-RIPE SPECIFIOPIEOPEE
P.Pf 090E1E401OG SPECtplch OEMS'
Spipp IL OP Efeisa.
PEE
PEE
SIEEET DE5C049T1055
PROJECT ELNORMALION TEPEES; EI OVA1101E. AND SHOO 1ODEP
OpOuputoo FLAN AKE opPpos
f - SIPE LIEKATY PLO+
SUPPE,.
AREA MAP
600.0016
W 0310,V
NORTH
EV PEGIEPI
01400i1040 FROM HiLLOTANGLETN ToTc-
ROM ?MONKISH TOLE EON% 1041400001540041141450,401054,540400140
pop I fEfEES 1 EN TENN TEXT ONLOCOVE4Lx ED 444ORMANOALGELNO. AMR
E055 MENGE 0 NE NIS G54055 TON 03 MILES, KEEP [CI t At HIE LONA 10
0001000001104000411401640 IriEN CONLLNUE C410 LENT r132 MEE TOTE I
EXIT 54 44TO 444, , WEN EIGHT OHIO L545 EGA EL ST 4 ME GO 47 MILES At ITO -
MANTIC COWIE TOLE TH4 OTO EXIT 0410 SNLCOATEN BLVD N LUNN ROOT C410
TiCINEGN XV 54 THEN Ii104 L5E40410 35145) NT 4, TH64 A MEET 01110 LATE514 _
4.45 HELOT 514 NE LEE OPPOSIIE OE 144 LXIS TWO HATER 0005.
VICINITY MAP
NORTH
1l3171,1 PT, UP. ft
--URI) ST irm-
VERIZON WIRELESS
DEPARTMENTAL
APPROVALS
EIPCIEFER
ofEEFEATIONo
OPPElpoPip
CONS I HUG OOP
ENGINE-EP
NAME GATE
PoPLEP 51.25.45
Roo Es:ANIONS to-PPpip
oltvP COLLIN opppoElp
ESSOR / LICENSOR APPROVA
SIONATIATE
?HINTED WOE:
LESSOR f.topiop. PLEPOE CHECK EE1P APPROPPloPE Pox patfor
ctoncts. 0 CHANGES NEEDED. SEE. commems.
posarE lOONpOR,
LEEESEP.
00400.4)11104
COMEANY CONTACT-
EaCo u OWE
cOpipPOP CONTACT
ARCIAPOC,
SufLEENOPL
10UETURAL
'ENGINEER:
GEOTECHTECAL
ENGNEer?:
CONTACTS
crop OF LOPE P PIO
340P LAVERNE AvP
LAKE ELMO, 1pfp 55042
KYLE fal.AT1' (651 EV-391f
vPRIZEIrE EPRELOPs
04101 HUSH LAKE -HOED
(EL noolloGEotp toff 55.13,8
PON REITER (612) EPPEOPPE
POIEE ENERGY
1514 CHESTNUT Ave
MINNEALNOLIS MN 0540.3
554 OCOLIS ,6.51)
DesiOr. 05 POEN EIVERIEL LTC
?PEP VALLEY ViPPY ROAD
COEN PROCNE, MN N'',4
tEPPEPOIEEPPE
ETIONETH SMITH NOCHE*
to FILLMORE ETNEET T Tx0 BOX 4.325
ALEXANDRIA. kos 563DEEPOps
320.10o0145
TOWER ELEVATION
00 P E.
40
RON WHELESS AND
2.) TONER FOUNDATION. sHami
FOUNOTODN AMD THE ACCESS DRIVE TO
BE EXCAVATED AND CONSTRUCTED IN
ACCORDANCE HRH 414014140020114101115 AND
SPEC rfAT1015 OF THE DEOTEC HAMA&
REPORT VAACN 5 NOT PICLUDFO IN 1I15
RAMC& DISCREPANCE5 BETIIEEN
REMO AND THE anim OXCINI12415 TO
BE INNEDATETY RONHITED 10 MOEN
40IREIX25 ANT THE ANCICICT,
CONTRACTOR TO MK TIP Of PRC"SED
ANTENNAS 00 hOT DICED TOWER WANK ROD
HEW.
(3) PROPOSED AMMONS
(I PER SECTOR) SEE Ar-3
CENTERLINE won
sir lams' / 00401124
PREP= R1515
051RIEUNIN NIECES
FUTURE PROMOS
0 WEST ELEVATION
sc.=,LE: awe scxt
04,
DESIGN
- FUN Lix
-
571('406L4Y1..,,,01
VERIZON
WIRELESS
7.11 BU.
111,01.1B,1,,,, 401,4,
PROJECT
20141122104
.01.1 CV, gal,21,
MINC
TICKLE
2002 TANGLY COTH411 14
LAKP ELEA°, MN 55042
SHEETmx .0', ONTENTS
CONTACTS
NOLTE SuLTNIxo,
s,,,
DELPERTMEOTAL ARPECTEALS
LLEGOR APHROVEL
PROTECT INF001005 NON
AREA & VICINITY MAPS
HOLES
OwLE-LIXLON THE 000
047::
05.27.-1E
fffEOPEIP
T-1
t.‘
MTN:
ClUILDING
tX511,t&
110100
10110
,--Ex011,41; KOK 010111 OF Or
10
—EXISP,C DRWEVAYS,
f.X15Th',G
UNDCRCROLND
LINE
EXISINC PR2100RT1 [ME, 1TP
la -O.
i- RKilff CC 101
1
;;e7, V0,134PC,LE
EXSTINC, TREES, IVP
r ut
NORTH
0 SITE PLAN
SCALE, 01= ar-n" QUM Sc,,a
rir
GENERATOR TYPE:
DIESEL
FROST DEPTH
DESIGN 4'4:7"
DETAIL INDEX
320 Alt_ 1 [00100.0010211211
53IELTE Piar.F4BRICATED EQUIPME SHELTER
2.,
,
4 1 CABLE f3PIDGE ELEVA1103,
5.1 00011000TI0N
6.1 GATE" DETAIL
101 CPS 1-3,OUNT,,,,G DEM,
3EXCO ENTRY Of: AIL
5 rA,3,33, rAl,
110: 105,3E-L INE ELEC.TRICAL nisFa
0 SITE PHOTO
SCALE: LOOKING SOUTHAT SITE
0
SITE PHOTO
010411010001011001401004 AT 02110
B12001111201011.
FENCE SECTION
CABLE 11 fIttGE SECTION
fill
13, I den .110:
IN (Are,
WO..
DESIGN
VOLCIII�1WIIO.
31,33, cr3.33,ic 11140004
VERIZON
WIRELESS
Nry le,
PROJECT
20141122104
MINC
TICKLE
3203 LANC,LY COURT N
AKE F MO, MN 55042 ;
SHEET CONTENTS:
r=t341
33ITE Pra3Tc3,
r
al,,,,r3 By"
COB
EA .
CHECKED r
vi A011-11
RC,
REV C 20-10-11,
A-1
01511M1'G UNDERCROUNt)
t111unES
2
OENLARGED SITE PLAN
SC Ai.E' t:y' =. 1' O'
LESSEE WO SPACE
ICE PROPOSED TREES ROT SWAN
FOR CURRY, SEE A-21
GP
—EXISIING WONG
DESIGN
v_.«rr,fn.=4G.
mp
vet,/ r, 91Gnit^.CUM
VERIZON
WIRELESS
PROJECT
2074112210-1
o.co«N
MINC
TICKLE
3303 LANGLY COURT N
LAKE ELMO, MN 55042
SHEET CONTENTS:
E PL fO CD !AM' Pi All
A-2
2'.
6trtu-1E
0 0
• — — ......
0 LANDSCAPING PLAN
scALk V-P"
N311:
RAGA NUS SPRUCE TREE - CROOK
UNE 10 BE -NE SWE IS DOMED AT ISE
DURSICRY.
3 GO, OE ID CAME TAMED WIRE
IN DECREES WM" AROUND 17221
TONEUCKLE
242'C' START D
WITH FINISNED GRAD
LIICISOPE PIT
N NMIE BOTANICAL NAMEI INJURE SIZE I
PICEA CLAUD%
'DENSATA'
21 2CY-25'
W: 10-12
0 TREE DETAIL (MAC CAE
SCALE: ,PV P P-0"
NORTH
2 1/2" DM-11 LONG MN. SIMI
20152NE3) MD (752P03E0) - 2
8011.AP PROW TOP Or DAIL
• WICK
RI/ MTh TOP 504 ATCO PEAT EMS
33 RATIO BY NXIME22 r LAMS.
WATER BCD 11313i UM. SETILED,
ETAXEN VOW
k
OEAST ELEVATION
SCALE: 'OS" - Y.
DESIGN
t Vfttr,.222
Pry
VERIZON
WIRELESS
Me, a 10,
r.43,
PROJECT
20141122104
Cr_, COSC 72211122
MINC
TICKLE
3301 LANGLY COURT 1.1
LAKE ELMO. MN 5SUAk
SHEET CONTENTS:
tAND$LHH:L PLAN
lAar.,SCAPNG 22222
(PST PPTAIP
U2CM01114
. ORAW'j BY
0221C (4,,,-122
Hircv,a) 6,H" CAPi
RE,, A 04-24-77,
REV_ B 0-27.15
V. C
A-2.1
0
0
uJ
CL
4,
z'
>-
Z
Z o
uJ
z
Z
>-
UJ
lc.
x 5
<
0 1
z
117
z
ZLlJ
."
Z
Z
z
Z
D
D
0
'6'6;
gRt
2.222
OnLku&Zo
'2,g2:POAX
"P2ORR:ig4
LIXfig=4QZ-2:231H881t
W02,,NI5Pi2AA?:4:49iAq?-.1,
UH
2
ai.
iv,
ft
al,z4
5.
GENERAL GROUNDING NOTES:
g
=
wtdsh8e.z,P,t.8030
et@eeeciaeeee,®0000a0
kt: viz
1g'
e5.,2A
z
Lu
0 2
cal-4
01
22 q
5'
w 5
-2: 2
07 x,
0
0
0
2)
ecz
a9
0
_J
:TC
LLJ
0
0
-J
w
19
0
W?
(:)
NOTE,: CONTRACTOR SHALL ENSURE THAT
EACH WHIP IS ROUTED TO LEAD 1 BY
THE SHORTEST PATH, AND BENDS SHALL
NOT BE LESS THAN 12. RADIUS
ao /INCED
0. GROUNDING PLAN
SCALE NONE
ORTH
LEAD 1, RNC
12 WIC
tAIY,NLLED MEL
GROUND ROO, 5/813
VAUD 10' WWI
OR PER KM.
CANELO (PPE Cr)
(7,7\ GROUND ROD DETAIL
DIO
02 581C LOOP
0.10 PVC PIK EXIINONC
CORN ,0 LOD 11
CROLND ROO
TEST WELL DETAIL
UWE
KrE: 'HICK `LOW
L4,05 08 OPPOSM
CPRNMS Of SHELlER
FON MEL RENA
1/2 Sirlt UROC_R
ri.,E (8LL FOR8
RD RAG
-11,1_1"Eg
(7, REBAR GROUNDING
5CALE:1,a-, 04
DESIGN
L NPV,LN
PPP N NNW:. LP: PoN.
AP=P, GCNON,PPLN,
VERIZON
WIRELESS
Ti5.3.1
PROJECT
20141122,04
CC coriiz),
MING
TICKLE
022 LANGLY COURT N
(AKE ELMO. MN 55042
SHEET CONTENTS,
GP...11.11100e00 PLAN
GROUNDg-dr-,
ORAvytiOY 0045
CCM 7
0
PEP A =
REAL C
G-2
EXISTING
- BuILONC \
PRISING Pueue
0200 Of WAY
r
t 0
510 L.F.,
MSTINN OPERREAD
(REM tiNCS
0 SITE UTILITY PLAN GRAMS STAE
02210. 21. 505-21
mtRIRONC OWL UNE -
NORTH
(2151ING —
CAS UNE
DP_WININ (NEWMAN
MONK 1101
LALTPIN PM(
NNW( OP VON
0
FIBER HAND HOLE/PULL BOX DETAIL
SCALE: nar = r-0"
EXPANE. WRIER
(RP
INIPM; PIROPPORNOND--2----
TELCO LINE
EXLSING ORRPHLAN
iww(ONN ±-,urnIr utitS. TRP
WNLW NOROULLI I
0
PRCPOSED INIERGROMP—,
REER MOT FROB RANO
HOLE/PuU. BA 19 102(.1PITIEW
9411131, APPROX 15 Lf.
PROPOSED 24" X Sr X
FEED PW4)/11CIE MAL EGX„
01 WITER., TO BE PROMO.
BY GC
ENLARGED SITE UTILITY PLAN
SCALE: ,"22-21
METING 00E00 9111
PAW 90,LE
10*--0
POO OF WAY
DRUM POWER MC
WM (2) MNSFORPERS
11 24' PEER
LIZATE0 A
BUC KCIff
11
NORTH
, 5 •
961100
BUILDING
DESIGNIk
VERIZON
WIRELESS
NIENTSTRE. TuN /NT 0....0E
PROJECT
WieN122ion
LEK. Cr.0E x 140
MINC
TICKLE
3301 LANGLY COURT N
LAKE ELMO. MN 55042
SHEET CONTENTS. -
SITE. UT-MTN PLAIT
IGNA014 CTI0
DATE_ 00.2:T1S
cf-,E,K,Eu BY_ ERE _
1129,2 01.2005
REV. 0 96-01,10
011011 29,1110
U-1
SHEET 1 OF 2 SHEETS
PROPMMYOFSCRIPTION tyyr 0F. truy :nowt, t
33 '330 33.03, 03 00003, .
SCMEMIL£ MS" EXHIVITS: 3300 00 303V 00.000 4 F.', MA.FF Fnowy
I-0 3003 .0330, 103 30.13.
SITE SURVEY
LAMM SPACE CMSCROMOM.
1.3333.0. 10,003 0,10 tt t-
Myin oww, w woo, 0: 0.30,0 .33
ACCESS A “IlLIFIES RIGHTS OF WAY DESCRIMMOM
3 3 !,03133,3 4300.00.0. 0353.3 ..0.1 3,3 nr 10. {00. nannto 'FYI, Fon '. IMF F, tt, •tt, . Yowy Wywn,n, o,„ Fot
woyo, now, Yo, 00 inO, .bei 123.300300 .0.03
.1 M., 3 3 .1 3 .033 .01.0.1.3 430513 no, IF4 Fage ?FY
A yo MIr L04 yAF
SITE NAME'
MINC TICKLE
YMFOungtoOFFunIM MM
,teLD MFIRK 0204
$ CHE<9Av Ago 14110
FY,o0onF le so. onnoyo won y y ny, YoFy InsmF Foy,
, 0..00 aktst .ttitt tr, n tr,t, ttut, ,tt't
o oyo41wewAy FY, wcow 14,1,y Yoyol Yti !wt, 04
yo ewo YO. ./.1 't t.ett
0.0 3 .3.00 333 oa /1,0 :AA 0 Ow Owyn wns
3.31 .3.i^013.3
IITILMIEF RIGHT OF WAY CIESCPIIMMONS.
w,Am39,34ol FA Itt. tr. oylow, 0 7 52 ttte., E nyoy
, ',wow My. 03.00, 0.313, , 0.01000 3,3
0.00. '30 .00.0 anwnw o OY, EEE1.11E, ktortI utt
DV 1443011/9
Ow, AW.
ttlE ItglEtt t
It. Ititult,ttir,,Trit
61,904.111181.0
IDSETH SMITH NOLTING
EoI/,r,, S11,.,,e, I EymmoneoF1
'.13TEr
w
449
9224-
mfrr-
44
rem
rrarEr
HO-
\\-
RA, NEED.] Mcmprr
1,4 ,
NrMR'NEMME
. rRE-E.M.E
SHEET 2 OF 2 SHEETS _
\ \
\nj 'HEX HERO* \
SITE SURVEY
r"T'r
TrZ *AR vALVE
ELEC. NGRE' RRERR
rEr.
E-
(MR MICROR
rIROMENT
MGM
4- ELEC POLE
ELEC MOIR
L. Tare. REOaSTAL
FISERMELE HANDNOLR
TREE DECICERCEUR
TREE CONIFEROUS
52444442
°''''r .ZrER
GATE aoST
GUARD Rom
***KM
'''''. POLE
AC REM
Er a r
GRID
\ ...R.,,, ,,,,,,,,, ,....4,." MAGNEtiC
NORTH
024 ' MTV,
\ '4'.,, r,
m- irTRI:1::, J."4'2R17r,:'
\ '
I ,
\ /
..."6-*-0_, SIEJEEr E. mroc 'mrear, 1 ,
-",
''.-,)," -4 cr,',E:;',..':i':-=', .. -- --
t t plo''-',...\\, ,
.
--,'?, rri.
r.' rf,- i r" ffr?"
1r - -- -
''''! !: iEr:
2 347.....- 24
"Mk mom Nos, mrErre,
NOR
...„90(0(7441.
WEE JrE MVEJ rECI.EJE
Err . 1
RO- trity,,,mmER2 !
VERN. A mr.rurrAm r
;JEJEEM I
I tr Ej jj j
J , Pr P j 'r" J244EJEJEla91
. rrjp t ROMAN R ,JERE„ •JEEEJEE
SITE NAME:
MINC TICKLE
Vmmorngtor, Cu.,/ MN
LEGEND
947
trimi
*ECHO* LINE
QUARTER ONE
lik5111 meM
ROUNDARy LINE
RAMMER:, r47424
CULVERT
UNDEPGROIIMI TMER
HRORROROMHT
OVERREAM rEeES
UNDERGROONUSTZ
Lr*HEROHOUNDTRTir
WATERMAN
EZT* OF THRIMM,T,
Cir,A314LIN*
CENTERLINE RARRormr
rAIRFatE
RUKOING WALL HATCH
GR.Mt trZtIRFAce
rur •RJRVEMOR 440209
I "--"E00'
VICINITY MAP
mNENNorm INEEm 'MEN rrNMEEI.M arm,
r rEE NrmmErr. NEE 'm EfEr. JJEJ, LAKE
tEr PE Jr, Er- JJJEJ,
E, 2>2 ELM(
,
I CHECKED ay 5414. 43744421402
r MHZ MK
EXISTING
' TOWER
SITE
32TH STREET N
.
- r -
'.13,-10'
,
, -- ,
DETAIL
• .A--, ..0 LAND
;„ 2 ,-.• -E.-,f
- ' -4 :-: 6
r'l %
\'‘. Fla. rrrVESE.E,Mg , 1 .j jrJ SPACE j j, ji j
1 ern MR LAHR ELM. , , „
TrMr, *HrrE us.* •
*Z.* RC
*
rrT
, 20
ErJE •
fr.1
r ,
,
r"-"Mr **RR, r*, um.r, WEE:FEE.
EIECE Er, LE,E, Jr.Erri, Elm:FEE:E.-.
1
4"'Pr.
Eto,
CPP Ejr.lrE.Pr.
'Mr
„
WIDSETH SMITH NOLTING
Erm,rnetrrrm 1 Archavmum Sur rem,* 1 Emomr*H-mor
SITE NAME:
SITE NUMBER:
ATTY/DATE
LAND LEASE AGREEMENT
This Agreement, made this
with its principal offices located at
LESSOR and
clay of , 20 between
, hereinafter designated
d/b/a. Verizon Wireless, with its principal office located at
One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number
866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times
collectively referred to hereinafter as the "Parties" or individually as the "Party".
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at
[ADDRESS] [MUNICIPALITY] [COUNTY]
[STATE' . and being described as a ' by ' parcel containing
square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for
ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle,
including trucks over or along a ( ') foot wide right-of-way extending from the nearest public
ri ght-of-way, ,to the Land Space, and for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way
from the Land Space, said Land Space and Rights of Way (hereinafter collectively refeiTed to as
the "Premises") being substantially as described herein in Exhibit "A" attached hereto and made a
part hereof. The Property is also shown on the Tax Map of the City of as Block , Lot
and is further described in Deed Book at Page as recorded in the Office of
In the event any public utility is unable to use the Rights of Way. the LESSOR hereby
agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to
the LESSEE,
2. SURVEY, LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A". Cost for such work shall be borne by the LESSEE.
TERM; RENTAL.
a. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a total annual rental of Dollars (S ) to be paid in equal monthly
installments on the first day of the month, in advance, to or to such other
person, fin-n or place as LESSOR may, from time to time, designate in writing at least thirty (30)
days in advance of any rental payment date by notice given in accordance with Paragraph 23
below. The Agreement shall commence based upon the date LESSEE corrunences installation of
the equipment on the Premises. In the event the date of commencing installation of equipment is
determinative and such date falls between the Is' and 15E1' of the month, the Agreement shall
commence on the ls' of that month and if such date falls between the 16''' and 31 of the month,
then the Agreement shall commence on the lst day of the following month (either of the
foregoing or , if applicable, being the "Commencement Date"), LESSOR and LESSEE
agree that they shall acknowledge in writing, the Commencement Date in the event the
Commencement Date is based upon the date LESSEE commences installation of the equipment
on the Premises. In the event the Commencement Date is the fixed date set forth above, there
shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree
that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after the
Commencement Date or after a written acknowledgement confirming the Commencement Date,
if such an acknowledgement is required. By way of illustration of the preceding sentence, if the
Commencement Date is January 1 and no written acknowledgement confirming the
Commencement Date is required, LESSEE shall send to the LESSOR the rental payments for
January 1 and February 1 by February 1, and if the Commencement Date is January 1 and a
required written acknowledgement confirming the Commencement Date is dated January 14,
LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by
February 13.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE,
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension
term shall be increased to Dollars ($ ); the annual rental for the
second (2nd) five (5) year extension term shall be increased to Dollars
); the annual rental for the third (3rd) five (5) year extension terin shall be increased
to Dollars ($ ); and the annual rental for the fourth (4th) five (5) year
extension term shall be increased to Dollars ($ ).
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terrninated by either Party by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such term,
this Agreement shall continue in force upon the same covenants, terms and conditions for a further
term of five (5) years and for five (5) year terms thereafter until terminated by either Party by
giving to the other written notice of its intention to so terminate at least three (3) months prior to
the end of such term. Annual rental for each such additional five (5) year tern shall be equal to the
annual rental payable with respect to the inunediately preceding five (5) year term. The initial
term and all extensions shall be collectively referred to herein as the "Term",
7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the
LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment- of sales tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Propery rvhich LESSOR
demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises.
LESSOR and LESSEE shall each he responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imposed upon the
business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing,
LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is
disputing in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall
be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection
with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the
responsibility to pay any personal property, real estate taxes, assessments, or charges owed on
the Property and shall do so prior to the imposition of any lien on the Property.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's
expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
document. In the event that as a result of any appeal or challenge by LESSEE, there is a
reduction, credit or repayment received by the LESSOR for any taxes previously paid by
LESSEE, LESSOR agrees to proinptly reimburse to LESSEE the amount of said reduction,
credit or repayment. In the event that LESSEE does not have the standing rights to pursue a
good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. A security fence consisting of chain link construction or similar but comparable
construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not
including the access easement). Al] improvements, equipment, antennas and conduits shall be at
LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE
shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas
anclior conduits or any portion thereof and the frequencies over which the equipment operates,
whether the equipment, antennas,conduits or frequencies are specified or not on any exhibit
attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the
Premises is contingent upon its obtaining after the execution date of this Agreement all of the
certificates, permits and other approvals (collectively the "Governmental Approvals") that may be
required by any Federal, State or Local authorities as well as satisfactory soil boring tests which
will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with
LESSEE in its effort to obtain such approvals and shall take no action which would adversely
affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event
that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii)
any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that
any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer
technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use
the Premises is obsolete or unnecessary. LESSEE shall have the right to terminate this
Agreement. Notice of LESSEE'S exercise or its right to terminate shall be given to LESSOR in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said
termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of
no further force or effect except to the extent of the representations, warranties and indemnities
made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further
obligations for the payment of rent to LESSOR.
9. INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
10. INSURANCE.
a. Notwithstanding the indemnity in section 10, the Parties hereby waive and release
any and all rights of action for negligence against the other which may hereafter
arise on account of damage to the Premises or to the Property, resulting from any
fire, or other casualty of the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, such
insurance is now or hereafter carried by the Parties, or either of them. These
waivers and releases shall apply between the Parties and they shall also apply to
any claims under or through either Party as a result of any asserted right of
subrogation. All such policies of insurance obtained by either Party concerning
the Premises or the Property shall waive the insurer's right of subrogation against
the other Party.
b. LESSEE will maintain at its own cost;
i. Commercial General Liability insurance with limits not less than
$1,000,000 for injury to or death of one or more persons in any one
occurrence and i500,000 for damage or destruction to property in any one
occurrence
ii. Commercial Auto Liability insurance on all owned, non -owned and hired
automobiles ivith a minimum combined limit of not less than one million
($1,000,000) per occurrence
iii. Workers Compensation insurance providing the statutory benefits and not
less than one million (S1,000,000) of Employers Liability coverage.
4
LESSEE will include the LESSOR as an additional insured on the Commercial
General Liability and Auto Liability policies.
c. LESSOR will maintain at its own cost commercial general liability insurance with
limits not less than $1,000,000 for injury to or death of one or more persons in
any one occurrence and $500,,000 for damage or destruction to property in any
one occurrence. LESSOR will include the LESSEE as an additional insured.
d. In addition, LESSOR shall obtain and keep in force during the Term a policy or
policies insuring against loss or damage to the Building with a commercially
reasonable valuation, as the same shall exist from time to time without a
coinsurance feature. LESSOR's policy or policies shall insure against all risks of
direct physical loss or damage (except the perils of flood and earthquake unless
required by a lender or included in the base premium), including coverage for any
additional costs resulting from debris removal and reasonable amounts of
coverage for the enforcement of any ordinance or law regulating the
reconstruction or replacement of any undamaged sections of the Building required
to be demolished or removed by reason of the enforcement of any building,
zoning, safety or land use laws as the result of a covered loss, but not including
plate glass insurance.
1 I . LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs
9 and 29, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict- liability or otherwise.
12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods.
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR,
13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any
after -installed LESSEE's equipment causes such interference, and after LESSOR has notified
LESSEE in writing of such interference, LESSEE will take all con-unercially reasonable steps
necessary to correct and eliminate the interference, including but not limited to, at LESSEE's
option, powering down such equipment and later powering up such equipment for intermittent
testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the
equipment as long as LESSEE is making a good faith effort to remedy the interference issue.
LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in
the future take possession of the Property will be permitted to install only such equipment that is
of the type and frequency which will not cause hannful interference which is measurable in
5
accordance with then existing industry standards to the then existing equipment of LESSEE.
The Parties acknowledge that there will not be an adequate remedy at law for noncompliance
with the provisions of this Paragraph and therefore, either Party shall have the right to equitable
remedies, such as, without limitation, injunctive relief and specific performance.
14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property
and restore the Premises to its original condition, reasonable wear and tear and casualty damage
excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall
have the right to remove the same at any time during the Term, whether or not said items are
considered fixtures and attachments to real property under applicable Laws (as defined in
Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the
existing monthly pro-rata basis if based upon a longer payment term, until such time as the
removal of the building, antenna structure, fixtures and all personal property are completed.
15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the
Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties
are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from
and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall equal
to the rent applicable during the month immediately preceding such expiration or earlier
termination.
16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Tenn (i) to sell or
otherwise transfer all or any portion of the Property, whether separately or as part of a larger
parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal
instillment an interest in and to that portion of the Property occupied by LESSEE, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona tide offer within
thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer. For purposes of this Paragraph, any transfer,
bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR,
whether by will or intestate succession, or any conveyance to LESSOR's family members by
direct conveyance or by conveyance to a trust for the benefit. of family members shall not be
considered a sale of the Property for which LESSEE has any right of first refusal.
17. RIGHTS UPON SALE, Should LESSOR, at any time during the Term decide (i) to
sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to
6
a third party by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a lamer portion thereof, tbr the purpose of operating and
maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To
the extent that LESSOR grants to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in conjunction therewith,
assigns this Agreetnent to said third party, LESSOR shall not be released from its obligations to
LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the
third party for the full performance of this .Agreement,
18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein. shall peaceably and quietly have. hold and enjoy the Premises.
19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Propeity, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
20, INTEGRATION. It is agreed and understood that this Agreement- contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a
written acknowledgment in the case provided in Paragraph 3. In the event any provision of the
Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and
enforceability of the remaining provisions of this Agreement. The failure of either Party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise any of
its rights under the Agreement shall not waive such rights and such Party shall have the right to
enforce such rights at any time and take such action as may be lawful and authorized under this
Agreement, in law or in equity,
21. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Property
is located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement inay not be sold, assigned or transferred without the written consent of the
7
LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No
change of stock ownership, partnership interestor control of LESSEE or transfer upon
partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR.. Any
sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and
shall be binding upon the successors, assigns, heirs and legal representatives of the respective
Parties hereto.
23. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to he notified, may have designated to
the sender by like notice):
LESSOR:
LESSEE:
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative. successors a.nd assigns of the Parties hereto.
25. SUBORDINATION AND NON -DISTURBANCE. Delete thefirst sentence oft/us
paragraph if SNDAs for all existing encumbrances are obtained prior to Lease execution.
LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement,
a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors
and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be
subordinate to any future master lease, ground lease, mortgage, deed of trust or other security
interest (a 'Mortgage") by LESSOR which from time to time may encumber all or part of the
Property or right-of-way; provided, however, as a condition precedent to LESSEE being required
to subordinate its interest in this Agreement to any future Mortgage covering the Property,
LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for
LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms
described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to
remain in occupancy of and have access to the Premises as long as LESSEE is not in default of
this Agreement beyond applicable notice and cure periods. The Non --Disturbance Agreement
shall include the encumbering party's ("Lender's") agreement that, if Lender or its
successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser")
acquires an ownership interest in the Property, Lender or such successor -in -interest or Purchaser
will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the
Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the
Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in
the subject loan (if any) and on all successors and assigns of Lender and/or its participants and
on all Purchasers. In return for such Non-Disturbanee Agreement, LESSEE will execute an
agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate
to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if
Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of
LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR.
In the event LESSOR defaults in the payment and/or other performance of any mortgage or other
real property interest encumbering the Property, LESSEE, may, at its sole option and without
obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to
any and all rights, titles, liens and equities of the holders of such mortgage or other real property
interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise
become due under this Agreement the sums paid by LESSEE to cure or correct such defaults.
26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
27. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written
notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach
and thirty (30) days in which to cure any non -monetary breach, provided LESSEE
shall have such extended period as may be required beyond the thirty (30) days if
the nature of the cure is such that it reasonably requires more than thirty (30) days
and LESSEE cornrnences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and
until LESSEE has failed to cure the breach within the time periods provided in
this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the provisions of
this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have
thirty (30) days in which to cure any such breach, provided LESSOR shall have
such extended period as may be required beyond the thirty (30) days if the nature
of the cure is such that it reasonably requires more than thirty (30) days and
LESSOR commences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and
until LESSOR has failed to cure the breach within the time periods provided in
this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default
under this Agreement if LESSOR fails, within five (5) days after receipt of
written notice of such breach, to perform an obligation required to be performed
by LESSOR if the failure to perform such an obligationinterferes with LESSEE's
ability to conduct its business on the Property; provided, however, that if the
nature of LESSOR's obligation is such that more than five (5) days after such
notice is reasonably required for its performance, then it shall not be a default
under this Agreement if performance is commenced within such five (5) day
period and thereafter diligently pursued to completion.
28. REMEDIES. Upon a default, the non -defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies. The costs and expenses of any such performance by the non -defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non -defaulting
Party in the exercise of any right or remedy which the non -defaulting Party may have by reason
of such default, the non -defaulting Party may terminate the Agreement andlor pursue any remedy
now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts
to mitigate its damages in connection with a default by LESSEE. if LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay
LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting
forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including
all accrued interest, due against all fees due and owing to LESSOR until the full undisputed
amount, including all accrued interest, is fully reimbursed to LESSEE.
29. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of' any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
industrial hygiene conditions or concerns as may now or at any time hereafter be
in effect, that are or were in any way related to activity now conducted in, on, or
in any way related to the Property, unless such conditions or concerns are caused
by the specific activities of LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume
all duties, responsibility and liability at LESSOR's sole cost and expense, for all
duties, responsibilities, and liability (for payment of penalties, sanctions,
11 c)
forfeitures, losses, costs, or damages) and for responding to any action, notice,
claim, order, summons, citation, directive, litigation, investigation or proceeding
which is in any way related to: a) failure to comply with any environmental or
industrial hygiene law, including without limitation any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be
in effect, unless such non-compliance results from conditions caused by LESSEE;
and b) any environmental or industrial hygiene conditions arising out of or in any
way related to the condition of the Property or activities conducted thereon, unless
such environmental conditions are caused by LESSEE.
30. CASUALTY. In the event of damage by tire or other casualty to the Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may, at any time following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, terminate this
Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding die foregoing, the rent shall
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE's use of the Premises is impaired.
31 . CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such conderruiation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen ( l 5) days after LESSOR shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
days after the condemning authority shall have taken possession) temiinate this Agreement as or
the date the condemning authority takes such possession. LESSEE may on its own behalf make
a claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such termination date with respect to payments due to the other under this Agreement. If
LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining, except that the
rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to
the total rentable area of the Premises. In the event that this Agreement is not terminated by
11
reason of such condemnation. LESSOR shall promptly repair any damage to the Premises caused
by such condemning authority.
32. SUBMISSION OF AGREEMENT/PARTIAL IN The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreement.
33. APPLICABLE LAWS. During the Tenn, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants,
easements, zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating hazardous substances) (collectively "Laws-). LESSEE
shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply
with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises
(other than general office use); and (b) all building codes requiring modifications to the Premises
due to the improvements being made by LESSEE in the Premises.
34. SURVIVAL. The provisions of the Agieement relating to indemnification from one
Party to the other Party shall survive any tenni iation or expiration of this .Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such terinination or expiration.
35. CAPTIONS. The captions contained in this Agreement are inserted for convenience
only and are not intended to be pail of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LESSOR:
By:
12
WITNESS
WITNESS
Its:
Date:
LESSEE:
By:
Its:
Date:
Exhibit "A"
(Sketch of Premises within Property)
Tech` r/rv\»
. �"^�y��
3Z3Cedar Street North
Chaska, IVIN 5S318
June IQ,ZOl5
Kyle K|att, Planning Director
[hY of Lake Elmo
]80OLaverne Ave N
Lake Elmo, PWNSSU4
Re:Ve/izo^ Wireless Request to Lease City Property
Ideal Avenue Water Tank #2
Site Address: 3445Ideal Avenue, Lake Elmo KxN
VerizonSite: MIN B4LRUG
Dear Mr. K|att,
Please accept this letter as on uMida{ request on behalf of Verizon Wireless to enter into a Lease
Agreement with the City of Lake Elmo ioinstall wireless antennas and associated ground equipment at
the above referenced property,
The City has been provided with the following documentation in order to review this request:
° VahzunLease Agreement Template
° Preliminary Construction Drawings Dated 6'4-2015
° Limited Waiver of Use Restriction and Consent to Lease
° Lease Exhibit Dated 6'9'2OI6
° Site Sketch Dated 4'J3'2O15
° Final Survey Dated 6'l5'28l5
YVehave been |ncontact with City staff over the last six months, 0n9February 2Ol5Verizonperformed
a site walk with City staff to determine equipment configuration and overall construction feasibility of
the proposed site.
At this time, we request inclusion on the 7 July 2815 City Council agenda in order to obtain official
approval from the City toengage inlease negotiations,
My firm, representing KGI and Verizon Wireless, will continue to be your point -of -contact throughout
this process and we look forward to working with the City.
Very sincerely,
KarynO'8hen'President
kobrien@Ptechscapewire|eocom
952.288.8130
H7o61,ESSJ,�]F0/8(!w8E//1/rVVK6///0Y}IkC
I.,
�r����w0)�
LAND SPACE DES[R|PT|ON�
That part of the Northwest Quarter of the Southwest Quarter of Section 16, Township 29 North, Range
Zl West of the Fifth Principal Meridian, Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter;
thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest
Quarter ofthe Southwest Quarter, adistance of786,16feet; thence South Odegrees I9minutes
11 seconds East, a distance of 398,77 feet to the Point of Beginning of the land space to be
described; thence South 6 degrees 13 minutes 36 seconds East, a distance of 36.00 feet; thence
South 83 degrees 46 minutes 24 seconds West, a distance of 18.00 feet; thence North 6 degrees
13 minutes 36 seconds West, a distance of36DOfeet; thence North 83 degrees 46 minutes 24
seconds East, adistance ofI8.O0feet tothe Point ufBeginning.
ACCESS AND UTILITIES RIGHTS OFWAY DESCRIPTION:
A20lNfoot wide right of way for ingress, egress and utility purposes over, under and across the
Southwest Quarter ofthe Northwest Quarter and the Northwest Quarter ofthe Southwest Quarter of
Section 16, Township 29 North, Range 21 West of the Fifth Principal Meridian, Washington County,
Minnesota, the centerline ofsaid right ofway isdescribed asfollows:
Commencing atthe northwest corner ofsaid Northwest Quarter nfthe Southwest Quarter;
thence North 89degrees 4Ominutes 49seconds East along the North line ofsaid Northwest
Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes
11 seconds East, a distance of 398.77 feet; thence South 6 degrees 13 minutes 36 seconds East,
adistance u/J6.00feet; thence South 83degrees 46minutes Z4seconds West, adistance nf
28.00 feet to the Point of Beginning of the centerline to be described; thence North 6 degrees
13 minutes 36seconds West, a distance of 58,24feet to a point hereinafter referred to as Point
^A"; thence South 89 degrees 44 minutes 18 seconds West, a distance of 139.88 feet; thence
South 87degrees I7minutes U2 seconds West, adistance nfl7I.51feet; thence South 77
degrees 41 minutes 08 seconds West, a distance of 151,82 feet; thence South 88 degrees 59
minutes 10 -seconds West, a distance of 69.01 feet; thence North 22 degrees 59 minutes 00
seconds West, adistance of77.O8feet; thence North O7degrees 3lminutes 31seconds West, a
distance uf73.96feet; thence North 44degrees l9minutes 39seconds West, adistance of
33.14feet; thence North Odegrees Olminutes 06 seconds West, adistance of6I9-O9feet;
thence North 6degrees U6minutes I4seconds East, adistance of1IQ.85feet; thence North 14
degrees 8Zminutes 57seconds East, adistance ofZ04.I3feet; thence northwesterly, adistance
of 118.04 feet along a tangential curve concave to the southwest, having a radius of 65.00 feet
and acentral angle of1O4degrees 02minutes 57seconds; thence North 9Odegrees O0minutes
00 seconds West, a distance of 27.09 feet to the east right of way line of Ideal Avenue North and
said centerline there terminating.
The sidelines of said right of way shall be shortened or lengthened to terminate at said east right of way
line ofIdeal Avenue North.
TOGETHER WITH
A 20.00 foot wide right of way for ingress, egress and utility purposes over, under and across said
Northwest Quarter ofthe Southwest Quarter, the centerline cfsaid right ofway isdescribed asfollows:
Beginning atthe previously described Point "A^; thence North 89degrees 44minutes l8
seconds East, adistance ofl8.1Ufeet; thence South Gdegrees 13minutes }6seconds East, a
distance of2O36feet and said centerline there terminating.
UTILITIES RIGHT OF WAY DESCRIPTIONS:
A 10.00 foot wide right of way for utility purposes over, under and across the Northwest Quarter of the
Southwest Quarter of Section 16, Township 29 North, Range 21 West of the Fifth Principal meridian,
Washington County, Minnesota, the centerline of said right of way is described as follows�
Commencing atthe northwest corner ofsaid Northwest Quarter of the Southwest Quarter;
thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest
Quarter ofthe Southwest Quarter, odistance of786.lGfeet; thence South Odegrees l9minutes
11 seconds East, a distance of 398.77 feet; thence South 6 degrees 13 minutes 36 seconds East,
a distance of36.UUfeet; thence South 83 degrees 46 minutes 24 seconds West, a distance of
28.00feet; thence North 6 degrees 13 minutes 36seconds West, e distance ofO.85 feet to the
Point ofBeginning ofthe centedinetnbedescribed; thence South 47degrees 54minutes 45
seconds West, adistance nflO6.94feet; thence North 9Odegrees O0minutes UUseconds West,
adistance of6O8.56feet tothe east right ofway line ofIdeal Avenue North and said centerline
there terminating.
The sidelines of said right of way shall be shortened or lengthened to terminate at said east right of way
line ofIdeal Avenue North.
AND
A 5.00 foot wide right of way for utility purposes over, under and across the Northwest Quarter of the
Southwest Quarter of Section 16, Township 29 North, Range 21 West of the Fifth Principal Meridian,
Washington County, Minnesota, the centerline of said right of way is described as follows:
Commencing at the northwest corner of -said Northwest Quarter ofthe Southwest Quarter;
thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest
Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes
llseconds East, adistance of398.77feet; thence South 6degrees l3minutes 36seconds East,
adistance of36.0Ofeet; thence South 83degrees 46minutes 24seconds West, adistance of
28.00feet; thence North 6 degrees 13 minutes 36 seconds West, a distance of 29.00 feet to the
Point ofBeginning ofthe centerline tobodescribed; thence North O6degrees JZminutes S3
seconds West, a distance of 21.00 feet and said centerline there terminating.
AND
A 10,00 foot wide right of way for utility purposes over, under and across the Northwest Quarter ofthe
Southwest Quarter of Section 16' Township 29 North, Range Zl West of the Fifth Principal Meridian,
Washington County, Minnesota, the centerline of said right of way is described as follows:
Commencing atthe northwest corner mfsaid Northwest Quarter ufthe Southwest Quarter;
thence North 89degrees 4Ominutes 49seconds East along the North line ofsaid Northwest
Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes
1lseconds East, adistance cf39877feet; thence South 6degrees I3minutes 36seconds East,
a distance uf36.O0feet; thence South 83 deQrees46 minutes 24 seconds West, a distance o/
28.00feet; thence North 6degrees l3minutes 36seconds West, adistance of4ll6feet to the
Point ofBeginning nfthe centerline tobedescribed; thence South 89degrees 44minutes 18
seconds West, a distance of 77.00 feet and said centerline there terminating.
XISTINC PUBLIC RIGHT OF WAY
20'
WAY
0'
RIGHT
WAY
UGE
XISTING PROPERTY LINE
myogy.sp
EE 10'
ES RICHT
Y
EXISTING
WATER TANK
EE 18X 36'
LAND SPACE
NORTH
M NC
BALROG
LESSEE ANTENNA HEICFfT
126.5AGL
LAKE ETMO
EXISTING
WATER TANK
E
EXISTING EQUIPMENT
BY OTHERS
MINC
BALROG
EXISTING ACCESS ROAD
'--- EXISTING
POND
20' AC LMLMES
RIGHTS OF WAY
EXISTING CHAIN
LINK GATE WITH
KEYPAD ENTRY
EXISTING AGRICULTURAL FIELD
EXS11NG POND
EXISTING
BUILDINGS
EXISTING BUILDING
EXISTING TRANSMISSION
TOWER
EXISTING CHAIN LINK FENCE
[
0
EXISTING WATER T
MN-5/34TH STREET N
E
EWE VALLEE VIEW 5050
EDFN PRAIRIE MN SEEW &WEER, J. DAVIS, ME
p52WWEEEE5 MICE-4,EXE
SITE PLAN .„.
SCAEE'l" = 200'
VERIZON
WIRELESS
10801 BUSH LAKE ROAD
BLOOMINGTON, MN 55439
I612) 720,0052
EXISTING OVERHEAD
TRANSMISSION LINES
PROJECT: 20141112995
MINC
BALROG
IDEAL AVE
LAKE ELMO, MN 55042
X 36'
416.-11'
NORTH
51
C,
g 7
23:50
z
0-0 0
n13 VALLE, VIEW R`1,1)
EDEN PRAIRIE 1:15144
—EXISTING GRAVEL
ACCESS DRIVE
FYISTING
UNDERGROUND
PVC THROUGH
FOUNDATION
RORER, I DAVIS Altt
Al.A."}(1"ECT
ExIsrING CHAIN
UN( FENCE
AY
PROPOSED
UNDERGROUND
CABLES
PROPOSED
GRAVEL
PARKING
AREA
ISTING N-FRAME
OPEN SOCKETS
EXISTING0DRIP EDGE
0 ENLARGED SITE PLAN
SCALE r=io'
VERIZON
WIRELESS
10801 EL/St LAKE ROAD
8L0OMPIGTON, MN 55-138
(612)720.0052
1 Er X 6'
LAND SPACE
PRO
CONCRETE STOOP
PROPOSED 12' X
STICK BUILD SHELTER
PROJECT: 2014
MINC
BALROG
2995
IDEAL AVE
LAKE ELMO, MN 55042
EQUIPMENT ROOM
- X 4f3
-0 d/
g I
PROPOSE) 12' z JOSTICK BUILD
SHELTER (BEHIND) TO MATCH
EXISTING BUILDINGS
ESIGN
1173 RPMERR/ERROR+
EGER PRAIRE PR SPPR
- WIN RR -RAP
7--
(12) PROPOSED PANEL ANTENNAS
MOUNTED TO EASING RANDRAIL
je/
AT TOP OF WATER MK
LAKE ELMO
EXISTING WATER TANK —\\
0 WEST ELEVATION
VERIZON
WIRELESS
ROBER, DAVIS PIP 10901 BUSH LAKE ROAD
ABCPBECT _ BLOOMINGTON, MN 55•175
1E121729-0052
GRAPHIC SCALE
PROJECT: 20141112995
MINC
BALROG
IDEAL AVE
LAKE ELMO, MN 55042
NORTH
I-
tr) -cC
(n '0 0
cn
AREA MAP
PfYPEAPD,P
105550.00
AJP,Pflogficti
5650
PAL
33.PC3-1331,35 r3t3733 3.3013,131G7LN 343 ft
TAPE &PPP} EASI FOR CDP MILES PCP,IYINUE ONTO fJCP1 NORM FOR 32
PP ES. t APE E0I1 55 FOP PINY:, AND f URN CCP t EDP ff 7 folJE_ (URN
NORTH ONTO OEN. ADE, troOfT3-140tiNTY RD CY WIT. 03 RANCE WILL
EC ON It EAST ME CDP,CDC -46 F FFICV,1 iNTERSECT ION
GENERAL NOTES
VICINITY MAP
3CID
17005 5T L.
;17,1,LEPLITM°
5455E5-''1.
31TY 51_ tf.t,
In tfpf cpYst Mat SpYRDI ft,Depfin, Pcf 051 ce110up.0 in corfrpflpato Pfe DYffroct y DpotlficRilonn yntlfOr YpodflJti 151111,, C,Pufaf Coolmelor
0555 DPP, It, aft rcftnifcRy snnytc, pertAALALL, popeyfiup actic,fp fyffflpfl lc tna yprf-fa
Intfomff9 fryfcif fps., Pfaff fapptv actRE.9-, "RP PYRE, fwffd nr ClunflPd.
3 TfIff ycP d15o*s415iI5,o 1110w1954004 &scrawl In Plc cfpc-facPYJn,-, JhaIl conform fo PRIMP. fpfo ff9f,fations ftmt 'PPR plciDtCfn
fr, alp spse RI MINNESOTA . oft1 thy oty of LADE ELMO
4. Pyauffpft,ppc Jrcl fogoffs pfCPPIED R.Pf YPPIY EPP, CP, Of PPP', PER' fcf ff.Pcfmo-Y P ,33103355ft, may Raft., 31,tpd
LAtisst+.11.154seDuciDly fm pm-1yr fuRyltyp 5105 p'PotfcfPlaff-Y.
5 Pomo.. 6,1.1 tondo'', AM Rocfrff.pflfpf drylyin9s. AR, diwt,canc.R.f- stryff II, ccfEffi tt-fy Anyiff.cf fur ctpftIPPosn prim- frf Difffeayff
f„pc,ff ;OD, SuPppf Eff.csafy JP,10 ftrawtD95, orfpr I++ LAW/ALLA+ 9*5415*5455054551,l fffc InftYfffatlun ALAIALA.AALL MAL b++ ALAs
AIIILLS IA/ pffpnifclon fhpcJown me Eftvhffeef
P. 51, ILL SOFIA LAW/19V I L ILL A/A-LAO /St LAL. 24' = &fp...Pp}, Jc.ft,, soll*ly 5,2
,fe, oltclvilsR yDown of nal,. tockahJytab Phaff tf,,,f03
00 5,133, 5h411 fre faRcf-JeRRI typictf siff Mar wylitlf.R.
00 Rp.fr.fff ffic,It soluly yfyi enrypielfly c-YuccyffiCe for ipy ccp,./iffpfc Pm feif JAY. 1pfitifpng safely Iffe. ptc.tt, Jp1 prfpxy-C
Pc, Pc PJEPPPIP`ff PPYPY,Pg fforfyyfy +AAA suALIALL AAAL.A.Rf CotopR,' fob 455 nu, fpf,fp.fey foc7IJJE of YIP PiRREaffp
pf PRYRJ‘fuffD f.f.aPty MAILIAVA
'A ...AI I.A++ pAns ,tPrf tyfyclfk..clurfc Cfoome. Puffl, VDIJAPON WIREJCSS,
F Dm, sty.fnyfffPc of fry, gRoRrcI cantneccr cf,f1fm "wed LitILAAse
LAns 'ICA/Lad, 5o 555,05 As+ ow/AWL certEna,J,PIRKE, afJ$ tat ercrpf coh.plor, yptyciciployy 19515,, guff yfaf PYfilyeffsf'S 105555,.5,14,
dRle,ffIffp I, ,IfylPor. al R.., ,fm-pRy c,c,cyfiracipm,
)3 333, PREPPY-4Y N R.R.CfPfDIPY 5I5-P1NEff Pf-cycYffly 55555 JJPIEficaly folderfpctfro oPIty 50poos,ss soss015551 4551045115 cap:Rvilifyf.
0.7
5*0
EY,
PRP
1_1-1
S-P
SHEET INDEX
SHEET DESCRIPTION
EPOJECC INFORMATION, MAPS_ INIPECT IONS. ADD SDPET INDEX
PACCRALL EPT PLP,P. Df E9514.95005SCA1'ING PLAP
ENJARCED SITE PLAN
COAX AND ANIIELINALS.A ALVA 0149.51ND (PAPAW
',OWED ELEVATRNY Phi-EDNA 5751. TAM p904 MJSC PHOTOS
TRANSVERSE SECII0 N. ELEVATIONS. FLOOR di FODPDA DON PLAN
LONG9 CAMP:- -SECTION, ELDVAYIONS
CFNERA I CIP DETAII 44051555050550504008 MSC_ DECO S
ourLiK" spEtiFicATION$
1450I.1451006DOTES ADO DEYAILS
OPODNOIND Pf.AN AND Date KC,
LIPP PLAN HD IDS AND DEJJACS
STRYCYDRAI. PAPS ADO OE TAILS
PURVEY
PROJECT INFORMATION
SPE NAME
PRDJECT NUMBER:
PODDESC,
COUNTY'
IPIITEJOEff
JONCIPJLID
CROUP° ELEVATION-
; TENN4 HEIGPIJ
MINC PPI_POG
401450525554
IDEAL AVENUE
JAHP ELMO, MN 5f.Cf
WASIJINGTON
DPI' 5.5.05' f,DAPPCD
PAL!" 2Y.PPJ 544051,
s VA% fNAVOYM
flfiff AtPSL - AGL
Pt.-ENNA CCP jP¢C.INE DEIGJID I *LP AMPL 1,7533' 464
55V305HEIGHT t33 AmSL • 121 7 Aci.
Ovii.RALL T F331C7E RC 05655, Ifff,f .J6f APS(.. 35.,0 055
AWING SPEED UN
SITE' DATA POW OP JED_
15C94153,33C,
eoLDING TYPE.
SPE AREA:
POPP 10551
514.1.5.59
a
555
IP PO PEASSE
1.1yCLOA0 =5010 RSF
P KIND. PROViDED
PSI IMAYED COPP PuN, tYISPRtIHYDRID CAN P 333. 3034
PROJECT DESCRFP DPW
CONSTRUP PROPOgED EQUIPMENT Si WI TER AND APPENDPS
ID IDPROVE1HP CUPPOUNICA DON SERVCE IN 1HE JAPE CLAPP, MP
AREA
- NOM 1540059 DRAWRM DO 007 CONSTIXASNIXTURV. M0l1176, BO niE
PrWRARED WEB ON INTORMADON &DEEDED, AND DPERETORE PRE AS ACCURATE AS IDE
SUPPLED DATA DIE SIRLAMARAL DAMN WAS REWORDED DY OTHDRS APPO tS
RETEROLLU ORE TI.E:SE DRAMYS CONSIDER DINT TN STRUCTURAL ANALYSIS NAS
BEEN PROPERLY PREPARED AND COCIMENTED, PLEASE COORDINATE ANY STRUCTIRAL
CONCERNSAMTTERS OR ANY LONANC INEDOCADONS 70 THE CONSULTANT PRO AUDDRED
THE ANALY156 AND win' orsai I OIDEOPTEIT DE DIE ISSUE
VERIZON WIRELESS
DEPARTMENTAL APPROVALS
kr ENGINEER
DEEPACONS
MANAGLD
"ta=grm
DAME
POPAELA OXLEY
00014 SIMMONS
DYCDPE COUP+
DATE
P5,Y-15
51,1045
UDC f-14
LESSOR / LICENSOR APPROVAL
1115145155545 i3P3r3TE, NTE DATE
LESCDP cfCEDS‘YR PLEASi CHCCP THE APPROPPV, IC BOX PEJL.C/
ND CHANCES El CDANGPS DEEDED. SEE COMMENTS flfq PLANS. ff ff'fff4'..tcY'R.
LC-sed...s/ AAA LA
RJR-JR,. fyyfRf JJ,
REV,
A
ISSUE SUMMARY
DESCRIPTION
ISSUED POP Rearwos,vls
00 issuku FURPERMITTIDDrZOPPfG1JDOPCff
115505 riACEIPPOP.
LESSEE
POWER 013L1733
COMPANY CONDICE
e-Lco UYILITY
CDPPANY CONTACT
ARCHIE,: J
StfliVPYQD:
DTP DC fl)PPY-
ENGINEER:
PEDTEDDEPDAL
ENGINEER'
CONTACTS
CITY OF LAKE NW)
31031 ,..AVECtrNE 13,
LAKE PCIPD, 650,1„
Tam DrCITI ttElf ',SDP)
VERIZON WIRPLES5
IDEPP BUSH LANG ROAD
DIJIPMINGION_ JAP ,PCitj
PON REITER E12,20-1,35,
PCEL tfJYRDY
;fru, CREEfjc3r tap
t5103,e ,3P0f. Is, INN 5.0
KELP...EY PC: f 71,11C,
DESIGN
RDocio DAD, AP
CHEPT ocr,,
ALFA MAO 555005*1
L ECPP E53A+
ALA SALA-.
ALI_ s50A5,051.1515.5ACM+
DCDPCD OP COLD EPAIYIE, t
.f.fcc-f ',ICE, VIEW POPO
EDEN PRAIRIE, MN J.15:344
5552,103471.
WIDDECH SMITH PULING
ED) EPA MORE 5IRC57- PO gun 1C200
PICXADVPIA, MIs 50355.10,3
3Z0-7124149
DICEID ENGINEERS
CY), E PIPER READ surrE 'xk)
MINDCAPPLIS, CCED
5143557,25DD
5.55
VERIZON
WIRELESS
ItALI LAL AAA.
PROJECT
201411125E55
MINC
BALROG
IDEAL AvE NUE
LAKE ELMO, MN 55042
SHEET CONTENTS:
; 5501155055
18DUE SUPPARY
CHEET !NOD.
DEPAPYRAPNYJP. PPPFRJVALS
LESSOR ApppoPpl
PROJECT 1J4PORMATICP.,
- AREA PICOPPry WPC
- PEJYDRAL Naies
- '785A40154bY.
DATE
CPC PP CD P
01 005540
T-1
SPACE',
ECIPY,
CUP
55,57.55
pERJD Iff
Ex6TIN0
POMMY
LINE
NV1' 6/0ATN 51. N
OVERALL SITE PLAN
SCALE. I' = 20 T-0'
MAC SW
EtISPNG CULUE
DDSIfNO GATE
ENSTINC UNDERCRWNA
I ALCCTAC RUN
SITE PLAN �rsay
ONSING TRAASRAAA+R UMA
NORTH
CUES 0( 10 CADGE 140570 WIRE
120 DE3AFSS APART AROUND TREL
NR17000RIF
1' SOD SAUCER
24 2'+2' SINCE DF?.'N1
MM FlNISNED GRADE —
TREE DETAIL
SCALE: AR" =
GENERATOR TYPE:
DIESEL
NORTH
UPDSGIPE KEY
N NA4E I BOT i ICAI. NAME I MATURE SIZE I
BUCK HILLS PICEA MAUCA H: 20.-25'
SPRUCE 'DENSATA' W: 1D'-12'
DESIGN
Rnb_t, r I DKv1: Af-K
9I Et.: v+
OCU Et tEw rW.
YY{iXYetiirtltEP YUM
VERIZON
WIRELESS
PROJECT
20141112995
MINC
BALROG
IDEAL AVENUE
' LAKE ELAMO, MN 55042
SHEETCONTENTS:_-
- VVi PPS: sITr PLR!
$❑E❑LAN
LANUY'_'4PE PLAN
A-1
EXISTING *Airrt rdNK
FRISIING UNOEPCRCUNO
WAICk (IN(
it
.n^ EXISIINC [MAW t:NK PNCC
NOTE CONTRACTOR TO COMMIE
PUBLIC AND PRIVATE UTILITY LOCATES
PRIOR TO CONSTRUCTION START.
NOTIFY NE ARCHITECT MD THE VZW
CONSTRUCTION ENGINEER IMMEDIATELY
OF ANY UTILITY UNE ISSUES.
-i 0 l
OENLARGED SITE PLAN
SCALE I'&
t0I
CAVIV WALE
VERIZON
WIRELESS
AKE
PROJECT
20141112995
MIND
BALROG
IFT AL AVENUE
SHEET CONTENTS:=
FNI NAOFE :ITF PE AN
A-2
S1t
47
2
I
I '
I t
-;-;- -;-!- ;-;
-1 1
.311.133ot 3 .311.1 31101 3 .3 3 3.131.11 , ;1.3 13.1e al , 3.
1 s 311 13E33 13'31 pillf 33
313131133 i 33it ,, II3P
-. 'PM; ;'1ilf 13331 l'ii ?P't
iPa‘ 3 1Vi 3 ,33;sp',
'1111,I1111
p ,iiipipipip
•Pd'I'*il'il
1 3 1 P 3 3 p
• 3 , {
V' „„_
- ,,;;;
PIPS( 3
LI FP;
3 I 3 35,
1
'
;
1
Pg3Hpl'ip'g3
Iitil t
11313 i 3
;
fi!!!4di,
!
51
ei 1
tp,P I
.a2
L51i,1*;
c2T wESS6';
.48
t 3
—
t cpIP oip;I.iifIoil .If=if.;o o
i i ''t 11 13 1 i I i illl 11133 fil
oti 3 303, 331.i i opi trip lo 3 , ;
tal 3 NI 0,.10,1.3.), , .P1 1 ippl, 3'13, b 31,1 3 ,,t,P, 3 itpp'p 01.1 t1t,1, i {3,1 31.1 {
s , Ps
2,
i111 {1{11 3 i I 8111 {13 al { g11 a el ft; {11.1141{11 s
131 11'1&1111111111411111111111{111111 111 *S{111111111ti{111111{4{111111{143{1{1{1{1{
1'1 ,
,
145 1 ..:_-,., I4t0,t1 ,i. '1t11t4i11,1t11t}1{01i,
: 1 1 : 1 1 gg': 1
{{, di 3 1 1 1
3 t
3 1 Yr 1 i 1 .3 1 1 ' .3 1 3 3 1 1 3 t 1 P1 f 11 1 .3 3 3 1 .1 3 1 1 z
1 iLl P11%';'11111 ik i . iiii "kill a lillii,1 tilliil, ii' '
, t „
4a, "2:;-.',.c,I1 excct iltE,;EICE i;2;2;ECE ;2;,E,;:,-EIEIE ;;2;RICE al.'„RE;RE
,11,,:i;1;`,1;;;111 `511 `; 11,11; HI; ,
; ; ,,,;; 3 3 1 3 , 3 p p p ' p p p
I
I 3313 IpP 3 (3 '1 .3311 1 31 11 1
313 ! 4H,t,:,,,f,
I ; ; '3 ; 1 : ; ; ; 1 I 1 1 ; 1
- 11333,
3 3^4 311 3 34 3 3-4 11 31 31.3 1": ir 11 313 .33 3 13 3133i 3 3,3 3i 3 33 {3 3
'' 3 3 1 31 idt'3' 1 31 tl 31
;,,-;,g,,;
H;:!;1!a;;;•4°.; :!i4irj:!".7ir.f.;,7)-.;!";'
,.!! !, ! I !4 1 , , ;",°*;"
Itl.t1t1114131tglt141X1X1t 't1t1101,11% 13,t,1,t1g110, =t,13,-1{,,3111114,14, It'A'Oltt''A'0,,*A
{
)-5 II
},3
3 1! 1111, 3! P-1 3: PP f451177177; 1: 11 t
3.141t., 1.1 1;fil.,4: 1 1 3 ,2101 ,
Ittf
11
3 f
! 3 3
, {
.3 Pi 113331 3 . 13.3 I C, t
? 3 a , 3 3 3 3 ui
,,,, 3 .1 31.1 3 h.:111331 3
iIgit :
'1' ' '' '
;,! 1,1 0555
3.0
33,33 31.13
11
$.11"1".$11.1141/1'
2 %Itit55 9-
cc '41'Rt,*,i
0
i-D-
7 4 2 1
z;
LI--
(1)555
<
0
1-0
0 ANTENNA MOUNTING DETAIL.
SeAt E:3,1E1"
EXISTING CONDUIT ENTRY
irlsluE OF WATER TANK
ESdSTING TAN%
VENT
ENSDNG *ROM
HATCH
0 OVERALL WATER TANK PLAN.
SCALE- SiSe= 1,0"
LAKE ELM('
EXISTING WATER TANK
LOOKING EAST
MTV. DSSINt<104
USW
(SEE r /SRO
SV=Pvt SOLE
,
4
Y SECTOR
0 1 Of
ADIUIR
0 EXISTING EQUIPMENT ON TOWER
TOP OS TANK
OVERAL.. SIRLCTURC HEIGHT
1144.40 MISL / mle" ft
tOpmavo.tA TIP ROW
1141.0 0M1. / 13a0' Fa
*A/001144 CENIFRONE
1371F /4451. / 1205. 0:1-
EXISTING WATER IAN#
1101t; 1XE AKIffECT WAS
440 WIMP, UPRESSED OR
MIA OF 14( ACCLIVCF OF
DIE SFRUCIIIRAL WOW APO
11{ PERFORILVICE OF DIE
COIREED 031ST0LICTIOR AS
5747101 COI TEEM MAIM
MO DE 510UL-11.10A. NAM
06, CRAM 0 ITIWER
'rl0lu Ala
NOTE CONTRACTOR TO OBTAIN CURRENT
FINAL SI)F & FM DETERMINATION FROM VW
PRIOR TO CONSTRUCTION COMMENCENDiT
LAKE ELMO
PROPOSED 10 X 00
S110C-OULO EOLFLEXT
SHIO-TER
FOOCE ROT SWIM 400 wan
0 EAST ELEVATION
SCALE; =:itr
tgANSIN SCAN
DESIGN
=ONE,:
4.10ELP
RNIRN: vs,v,
RR:4 NIN=1,5
VERIZON
WIRELESS
loh,, BA -4-i 4. AKE
evEvsNvo Of
PROJECT
20401112595
MIND
BALROG
IDEAL. AVENUE
LAKE ELMO, MN 55042
SHEET CONTENTS;
TOWER ELEVATION
AN IV.= MOUNTING Itt Alt
isRERALL WA 'NH SRA 1,01
MISC PPOTOS
DRANNS Itt SvACE R
DATE.Itt SIS
I Cv ,SCIVES Si cola
- RSV a ri:x11-15
REV. 13 06-04.
A-4
3/4"
ROOF EDGE PER
IIVOF, COALS
BIZOLNG AS REIn
TP. SPELTALL
WM ROO Is SEALANT
CCM FRAkE ASTELEILY
ARAM VW REM NEM STUD
ANDICN NO FLOOR ANCHOR
1 4'
•TA
0
RP 9EE7/IEE P44)
WATER PS capMill
INDI ROOT
VISUATIG•1 WEE
iC ETIPIVROOF COPCSTRUCTION IW 1D 1Xr•
3/5" TAP FACED OSO
Str ITPE YMARI WARD
LOC at% trEEI pits Timms
BAIT pialiPatiti
hit PELT YWCA BIT
Mr TURCO) SHERPING
sip show coir4413LE 111/ ROOFING
S1.410t4G SENA IETPL WIC
MC* I CEASTRIXTIGN lIfT. PO MI
vr FRP FACED OM
I/2 CI112
r 57ES. SUE ac.
r BUT iiisuLATEN
AP hiCtS7LTEE minim &KM Wu?
irEht Met
w/
WAY
AT 1 6"
2Er T COECREIT
TOOTING ./ (2) -
/4 cconwiuouS EWA
.4 REBUT rig.
AT 326 ON CORD
TRANSVERSE SECTION
SCALE, NC" =
0E12..RELED_LiaS cONTRArIOR-9JR0triNED OTIAR
0 POLTCARt3OIN1E ENCLOSURE
0 HOC LOW (2) (ID w 16. w 10)
® EXTERMIR UCH, WIRE 0 pyc owurr 4riniKes
® GENERATOR NUTTIER 0 3A.4 38. AuntNum LOWERS
0 tuts am 0 h*E44 iCE
0 ifimE MIR HGOT G) usEIT
WEAL PAsm
3,4-4.1)
Oa,
0 EAST ELEVATION omit SOLE 0 WEST ELEVATION
SCALE mr ,O J SCALE
:DESIGN
Hoc CDWITivELER
TELCO RACKBDAM
4TELCO PORT
EQUIPMENT ROOM
3 IN I
TIRE
EXTINGLASH
IR*
GENERATOR ROOM
2-1/2" ELEcnTick
tasicE Pow
porn
FLOOR PLAN
scALE-
0
30-0
WOES:
1, TOP OT IWALLS 10 RE LEVEL 41/0'.
2. EQUIPPED ERDC IMDCMT 0 APPROV, 77350
T/0 KN. ELEV.. 101225' MEL
FOUNDATION PLAN
SCALE IN' -0"
TANK (2.87)7.040
4041111110(7
1187873.
CONCRETE STCOP
Y
A4C4104,1
YlkW.
WY,
C€,Y,
VERIZON
WIRELESS
au,
7251,ye,
PROJECT
20141112995
MINC
BALROG
- DEAL AVENUE
LAKE ELMiD MN 5502
- SHEET CONTEN
0RtiA0E 50: IC/A
OHN'AVVA, 117.7.133134
MIYA: 07.317147.
7.714447.4844 7. ro12 A
DAre-
TEi-lEcKED7.40
',REV A 1:AA1215
A-5
la Ian -/PC ga fa§
L'9H1H(a1T -FURg6HED IUffi
Q POVCARS01NTE EICWE
(I8 N tlf" 101
® P.0 SWOT ON MIMS
® RAG a SHIELD
® HST USE➢
LONGITUDINAL SECTION wsxcaxu
3CALE'1fU�I1
0 WEST ELEVATION
SCALE 1Itl' =
OEAST ELEVATION
SCALE: wp' _ •.,U,.
1+,405
DESIGN
np9CP(d OM, XN
UAL,
FREt. t'4,1,1E ttk xw
VERIZON
WIRELESS
ill 00, �.
PROJECT
301.1112945
MINC
BALROG
HUEAL AVENUE
LAKE ELMO MN 550a',
SHEET CONTENTS:
:UNCIT;1fE4At >f Ctl'.Tfl
6t 5T S wt.St P.;.G'.Yiti9h5
0RAM4 6t'
DATE'
A-6
CARLE CROCE REM ON
[AIX STEEL MOLE PROMO
11./ PADO KM ID BURL
rf/ .3/127 84 X 2" LOW
MANSON 0005
.k/;,1,•414^/:///
"./
/./
V,
3 I/27 0,21 MIL 40
20L4202.02 571EL Fin
.------^2. X 27 X 5' 044.44341E0
4,,,....„..„.......N_UPt5TRLO BOTH WES OF
SAW SUPPORT
POLE (119. OF 4)
SNAP A 440421121
11Si DUCT). 82 FNC
GLUED 1441001240
MOW 41/ 22 1/2.
24BMWS. Do OF 2
CABLE BRIDGE ELEVATION
SCALE: IB 20"
VAROPICE 418084 1815 ROADWAY
DESCH TIM BC SLUMPED
0040 *PROBED MDR TO BO
GRAVEL ROAD SECTION
SCALE. ELT. LAT'
3. DEEP CLEM Fr3Cx
OVER OWEN
POT T005I01340
GEDTEXIXE
ROLLED SOIL
4flik 44:ki'44.‘•`
.f.
SWAM SW/
2.
7
7-4
WO: ROCK WE %RI BE
4. 404. - I 1/2" BM,
V. 57E21 ANT CAP
St 5. I/47 WV. 510
474(11 4*-2 1/2' LONG 4/
5/3. 540 U-EOL1S 70 14057
WV. STL 'GRIR-sTiorr
24' PIN. 12 CA 03411111
014. COOS TO
SUPPORT BRAC/IET
STL 'SKAP-IK ORS
3'-0' 0.4 221511, Tr/ 3/71' 5434
CRATATBILO < TRAM POO
ex Y. 34' CALVAKTED UNISIIPUT
(1200. 1 PI000 ) 5/B.
DLL 0-40115 ID POST
reLL (6) Sic ROLES RR
SNAP -64 HANGERS PER 15e .3'-6* GAL. SR
uPOSTRVI PRE WM, KUM
(2) Tr WC CONOLIOS
I/O' 022. SCR 40
WANTED MEL PIK
DELI CLEAN ROCK
MORD,
POLTETHYLDtE
GEDIETREE
I OK PIER FOOTPC.
(4) /4 CR, SO CAR T2/17*
CREOLE R(S • 12" 0 C. CONC.
10 BE &COO 05 0 20 54437
84/ sz(x I%) FORMED AIR
0 CABLE BRIDGE SECTION C.P.
S.CALL lAr A r-CA
TM ROC% 5250 SEALE BE
3/4 ION - 1/2' 4442.
BOLLARD SECTION
SCALE 1147.1-0^
0
CABLE BRIDGE P N
THREADED 061 M
?MEM &WIER
KETER ID SOT TOR
MT OE 135
4441(4144 & REWIRED
ABOTTER 131TE
FR:POSED EWE TO PFE
CE.41, SEM BE sETE
PRO I, PAM P01E3311
21m 311.-
.1411.142,
GPS MOUNTING DETAIL O.66•2
SCALE: JAI' A I ACI"
HAMER
3/8' TIREPOED 11 - 4
RACES OT
SUMER (0C 10 PROME
181.110011 MOAB SILENCER -
WIT 11E111. BNCLOSURE OR
10,845(1 IRSULATC10
rTh GENERATOR DETAIL
SCALE, 112. r-u.
MAK StAil
APTISTIO 14ER434410
OC.
4'
rAvr,
22-2115221
AV AALLE. vtAMAG
rA, raur..P. wp.,
2121*4150.02150*
VERIZON
WIRELESS
PROJECT
2u141112n5
MING
1114100 BALROG
woo n)
COHOST'
12-1/3"
(EX C,C.)
IDEAL AVENUE
LAKE ELMO, MEI 55U42
SHEET CONTENTS:
GENERA -MA MAK
22022001/2152/514/22
OR€VLVVA) 515C
GAS TAFTAR
MTAILS
DRAWN Bv 2TA1:E-
1A1E AA,AAA
.plECIVAIA F11- CCM
11.6,1_ 15 0642-11
A-7
11
6 6 6 2 61 4.
ci?,,,-;
iq q
0
o
o 0
';.-
Z CC
0-9„ 03
2
8
0
5
It
lit
C.) 0
z
BOL AND NOTE LEGEND
SSION CONNECTOR
NOTE:
CONTRACTOR SHALL ENSURE THAT EACH
WHIP IS ROUTED TO LEAD 1 BY
THE SHORTEST PATH, AND BENDS SHALL
NOT BE LESS THAN 12RADIUS
0 GROUNDING PLAN
SCALE, NUNE
NORTH
w0C
V--
IL
LEAD 1, RIND
2ALVN44ZI STEEL
GROUND ROD, 0/0.0
SPADED 10' APAR1
010 PER POW.
0
—0010100 (rrpL Gr
GROUND ROD DETAIL
SILWLE: l'2" A I'LO
PHRFAIND PRO UP
DIREARED nnvoc
APAPTER
/2 WIC LOOP
Pre PVC DPI DO-DOC
DOWN ro LFAD ft
CUL SLOPS KIR LEAD
DROUPID ROO
TESTWELL DETAIL
REALE 3,4^ A PLC"
'A „I
• ,NrAasCRE '0,4HLEWoppeLoslaOr
CORNERS or 5400150
WE SW OM
PK WALL KIRK
GROUND DWG
SHELTER
REBAR GROUNDING
54253101:
%Low:
DESIGN
.00,3- plA
244154, 014 10041
VERIZON
WIRELESS
,s,rt
PROJECT
201411129115
MINC
BALROG
IDEAL AVENUE
LAKE ELMO, MN REND,
SHEET CONTENTS:
- 185UN14N8
01404,81054 K.',
- DRAWN Fr, LLIAALE, P.
- DALE L2,10-15
CDC -DWELL Ow.200
42
02.13.40
G-2
EXISITNG TPANSFONST,IT-----=
XISING TNETCRGROVT0
ELEGEM WAN
IV
ExISMC CARA
VAMP
EXISTING
BENDING
OVERALL SITE UTILITY PLAN
SCALE, = NATO'
vA7 A VA
ARTIER
SITE UTILITY PLAN
ENEALE, r" =
LEI
WERE Ackr
EXISING FENCE
EXISTING EARERGADENE
RATER ENE (EP)
EXT 1NC FADITANT
TAP)
N RTH
KING ETATDRT
NORTH
EXISTING WAVE IANN
T4C
:EETT-T,TEETTAT
- "
LI: 61- NSFORMER
LOOKING EAST
4iceOSE0 24X 024"
hyE)10E/RA.1 EEC(
C TO PRO.,'EE AS ALT
10 unar OoldRVir SUPPLED M
EE LoCATED RE 4100
RIX OF VW
I X
EXTREME ENIXECROLINE CAS UNE
04151410 ANDENCROAND MTN) ANT
EXGINC ONTTRICATI ELECTRIC LATE
XXISTIATT PENTIC 410111 Or ETAT
MEEK
'EA NT,
POSED 24' 0 30' 1 24'
ICIE/PULL BOX TO' C.C.
12" ef
ROO ef140
\--DEMING couLT
Dasn% FENCE
[AWING ROWER FTOLE
HAND HOLE FIBER PLAN Q..• m.4
scALE: 1 40-U,
DESIGN6.,
Ayeev, YVAMA Av
vVr$VAVALV AIEV
Ar, ylviAlty f,14,
wrA, nSVAMFP yvv
VERIZON
WIRELESS
AA vvv 4yAv
,AAvvr,VA ,vo
toy vArAs,
PROJ EC T
201111,2555
MINE
BALROG
IDEAL AVENUE
LAKE ELMO. MN 55042
SHEET CONTENTS:
NvENET 54104441114 y PLAN
=TIE u SETA PLAN
VANO HOLE FIERA ALAN
TAISC. =HEAR)
"VIVAvAry 00.
DA Vi
011EAVYVD 00
RE
VOA
U-1
S1ACE= A
'UV 10-15
CDa.
V.VV,
"civyt,i5
an 1.2-)
\22 7)))))
\ tr. Lt • nOnr )121r) r.
22,22)10 -
n.t
oN:r
2271t, t \not
L.) -
nir0,22)))17 \ ArniET. Man
t.[NN,
.417Tnnt Trifrl
ta. 72' in•
,),..•)21)
))).1)),4
Lt.
LiNECI 2-1
HANDRAIL IVIODI9CATION NOTES:
-iirarrirtr)
HAti. 41nET)44r..1)) 7nrrt_L Y 20.2. CTEn
2.2”),,in Mr' t‘nr• 2)117.)r.t)
rir,n nn2r
nort 4.7),) A AND enrInt, o2
r WA C. L.)221t), Conn,. 't
CO44 4.21) rftir tntr) Fr2an,
r.Lini tr. ,A1,A,
,rao vC1Nol
PROPOSED LIW,O,VAW
VERTICAL P057 SPACED
BE-11AM ENISTIHC VERTICAL
PIPES (O.P. a ocanons)
rr,Sfinr, Jrriln
• rAint
•
2,211.A2O2r) '0 nnr.r
W,11).),),
r_uni; nEF
r L L
nit...,
..tt Ant. in.
Non NNN
[No
PLAN @ PROPOSED ANTENNA LAYOLIT
• \ lartn.,
t2,17.) .ntr 202)2
7)41,111
24' 44 r,),
nnr.nn).1,7)4
—
[NtorNr,:ov
r.r.
11
V271'in r...
\
ntr,t)..
L
r.rtrn;
22)44 IL, At -
n.rn it).•
ninr rtnn
PLAN L PROPOSED GROUND LEVEL
t 21-212, _
.22 Ann '
rpm.
\\WA )
Fn. nrn
[NNo[C.,
rot-4+ 2.
))2.,
tirirPIL tr.,:tAA
,ENT [No
c[NrAN tri
..nrn Fr
tr.rurin
Lt •
2,1) tit r.
ort)r-ornn
*1,,,rtr
rt44..1)
nntrintr 7LL
I nirt r
)2t.tt.it
nr, \
2.t421
\ 2)
.2422 2 7212,2\
...1) U.)
nr. NoNN
'N.NoNNI
retc NI-N[
PLAN 0 PROPOSED WATER 104-ER 2ND LEVEL
ALONG WITN EATWALK/ORYTuEE LAYOUT
\rnif
n42.
r) •-fr r."))
tnntin
40»
2, t)
nErtrInt.inn4
-
ortrrnn nrn.,
44,
't22
n, rtrfF
ntn. \
rtovii
_ .27
NOT FOR
CONSTRUCTION
DESIGN
VERIZON
WIRELESS
PROJECT
20141112995
MINC
BALROG
1445 IDEAL AVENUE
LANE ELmo, MN 55047
SHEET CONTENTS
VROPOOEO 454414 ViE,S,
04AVi4t ###
DAIE
.CHEC,11:
RK fA
'U41 Pt,O.L # IS O44-15i•
S-1
7,77 A77,1't i77 -
FP7777 7f , t77.,)PE
1,7(7.11,177,47 7,7 77,`,1-
7,017, a :70
PROP. COAx VERTICAL ROUTING FROM
SECOND FLOOR LEVEL 10 ORY1LJBE
WST
7 0741,7'1., 7,, 1,7n t7 ,rt
,
PROPOSED PENH RATION A T
EXIST, WATER TOWER DRY TUBE
F',77,77,17., 73,7,77,7
716 77,,,,:r7rtr
-771'q'N 7,1,77,70;
77.'77?- ,r7 7,77_Prvr,
77, 017 7
;7E71:U7 7774_7',;77ef.7
r747,7 F7R777177
.77,1577t 1,1,77"7?
77,7774771,C,o, F777 ,17:77,7,777
r.77,77,74,17:Ei77
t7,1±i4IP
C77,11 A077 ,C7+77,
7.707,777,7,7 -077,1r44L
TO '7Ei711 ,771,7,1
,t71,
777 7,7'77 77,7, N1771,
7-017E77: ‘111,1
7,47,P7 771 HAre7;17,7:7;
,774.`7, 7`,77047,7,1 ,i777
777' • 7,7777:
MO) 7.7:74.'1'
77. 4,17. ,774
OR4(777E't
LTA
x1,1707t; -
1,)74E7777 i-777174,4if_
7,741!
4-44ri4440{),
7:7,70 1717,7-
.9114,5
,77V7L, ,777,
54':7%;
77777,":44,7,Tr, `7, 71,7,ii`7717
44444077Lf
P1,77:1,07_,
1,711777!71111A1
1.,t}"it2 FA!, t) ILI
r/C70.0,i5
Q77.77stItir77 777,,,, 7777
771f7,' 171,
PI4OPOSE1 I-101?1ZONTAL COAX ROILING AT
SECOND FLOOR LEVEL
rra, 1.
Ff 77-j
PROPOSED PEN. TRATION AT
EXIST. WATER TOWER 0144WE LL
/14" )n-v-)e0
{717777,
7'7,71g- 7 of o,orros
A.*
00,77/rfr7 '771,,77:77::t7
'777-17t44 ANC.))."),
FL, 7,1177f
tro
F;t_Lit .1 7,tit
c.,kroo or
..r:RooOrr
ij
*0'7,77Er,444
4444
oNT,A,..10, ei.:',J774
..
0 ;,77,-1 0,
7,-,I777 7 777
7777f E,477t r.:7:77177177,77"
7,10 7,7 S-777777"17
PROPOSED COAX VERTICAL ROUTING
TO SECOND FLOOR LEVEL
L 771, r 7tol s
.‘rr omorr
,77•70..:7M777,777E f717,7,
7777,7:77. 7:741 +7, :77,17
7717,77771,i, ,4.7,7 Z'44
7711, rrrr, ) suvrsTo
PROPOSE-0 COAX ROLI INC,
41 CAT WALls
77.P 17,7777777:77', 7t'
.14
7.7,$. 7 70.77777tk
,Pr7-7777-71
[77.
C77707,707, e f77.4C
f-rx,
7'77 4017
7774.7.7•17
77,7, u
ktaFP'11, ;AL,
/7-77 7.7MV=7,77,
11:5)f,L,
NOT FOR
CONSTRUCTION
DESIGN
VERIZON
WIRELESS
PROJECT
20141112995
MINC
BALROG
3445 IDEAL AVENUE
LAKE ELNIO. MN 55042
SHEET CONTENTS' -
SEG I IOW, ANDOIITAILS
f5.44,4044444 JP
Ci I E4.4)Er) 1)0
2,E, 6
uai PR-;),J, 44500154
S-2
FRoVI LI/
- HOOK
Vat.
1P/P1i PIPPI
r*tr
PrriPP,Pripiip.
_PP t-,7541*
lark
vl LI 'era
Tn 'Nam,
PP,
PriP PPP,
PPP E11i/'
1ipo41i41 ma, QI kat.
1=PL
itE=2,k/tiE P1Pi
cr.p•
M'aPIIM-CM Ft aMa
(PPP=
area. armte
pPp.P. =EP PP,PP/PP' -
Iltarrar
ro
PROPOSED HYBRID INSIALLAT !ON AT TOP
OF ExiST. WATER TOWER
PROPOSED CABLE ROUTING FULL
HEIGHT Of DRywE-LL
Aar , ',QM -rear I a
r..I: tik,' mat 441
OiriPP ',PPP 5,.:9
PIPPi P.P/iiiPpii PCP-P
PROPOSED kiANWAT HATCH PEREIRATIoN
F(PELD vERIFr LOCATION AND OuAr4T[T-41)
f/ISIPP, 441414
PPOPor..FL.
EraIala 11.1.,ER
roo. 'r
sIlmi
MM.. a -al,
Cara. MIM-
=i1
;PALE
B
GENERAL NOTES:
; at.
11 a Nr4r,..41.
444* AN,-414Qat P.PPi
m4-1 rare.
',ALI44444.1
4*4:1-At^rL41
PROPOSED PEHLTRATIoN Al
ExIST. WA) ER TOWER pRy T449E
NOTE:
1 /11ii-,,PTOP tp WAD
ELL,4 r-tr•Skr 1/1,/
= PPLP-CP,41 /P1P P511
aria araa 4-1M "I M
'*4 47PPPP,CP t/i
SLEEVE PENETRATION INSTALLATION PROCESS:
Ca4a41-f-1. ee4,4n, 4 3r1
Ai 'PP aptly,/
iPPPP/1/21p, Witt/ PIPE /i11,/
PROPOSED 4ANWA1 HA ICH PENE !RATION
(PELD vERi?'-r LOCATION AND QUANTITT)
NOT FOR
CONSTRUCTION
DESIGN
mirrari,
VERIZON
WIRELESS
PROJECT
7E:141112995
MINC
BALROG
3445 IDEAL AVENUE
LAKE ELroo. MN 55042
SHEET CONTENTS_
:5ECTION5 4q0 GE1.113
PY
REV PoP
NOTE.
“1: - 8-384431,3,3
, 84, -8-3,4888, 08,18-f,
1-41. , 818,11ff 8 tit, 1
Ft 1- II, i5
C4181-8-84
888,1,81188
884,8083/43
04
3
18t, 84 T. Vin:
ALLOW
AT. 8401ti44T
814,3
,38-33-33,0, tx
3,0 318.
OTT'
33881,31,61,3 "0
, 431,84 P81,,,
, t3,818-3,8848,
341 t
--3,33/8134,33
80 13 iPT
4 , CLAMP
-
31.185
1133118 331
4'444
AF tiff. 8.88 ,F3-8
- 330. 4 • 13,1883
48183871-
1.3818-131 84483,81,8
-3 38 813-3
3,14 0 83. ti=
13833, 1tit ,88,88 3.
F'81 38
ExTST iNC OBS I RUCTION LIGTIT RELOCATEO/PAISED
88,1T- 8.8,831 3-3804'8401E 8813
Ft, 80818 1.33-33834,1413 41,3,3
433331?
4tu4, 33,81,1 518833 t334877
48.3143 48,311 VAT 83
IT 33 E'L.
3f 844, 1-1488,18
8,8
144NC:4:44 8
r3N081131 133
PROPOSED HYBRID CABLE POUTING ALONG TOP
OF EXISTING WATER TOWER
F-F341,314fl
t38.
Et8U8L
t "T"
PROPOSED OBSTRUCTION
LIGHT MOUN1ING
ERICSSON RRLIS-B5 W/ SOLAR_ SHIELD
AND PROS A2 RX MODULE
NII 41,38 ft,
,-88f 843,1. =FA
t(88 3 10 483 4,../1133,
73-343f
r"Int,
.3 3
-8 833 8'181 8.44'4,rP
"8, 430A 1833
48 1-8313,31.33
-8 0,38 88,8. 88,3
48 TC-3,3130-31
841 8188
8T8t It.,
3,182)
LX(S I
F,11,
33 ti ,3488 TITIti
ltat14 8387/11 1,0888. 84,
'TT 88 8838 T4338838.8S f14-3,
t33-'
T ftitIFI 3.88,1 :IT.. ,r-rr,
331-3-18, WIIII 318338-3,31, ti At
F4 3 ti8.3,331-3 31.338,0833
PROPOSED TPX ERID CABLE, ROUTING ALONG 1 OP
OE EXISTING WATER TOWER
3,3 t34 3-,. 88,134-3,
883
T888-18 301 0-83
'it 8 338.43
PROP, COAX CABLE SUPPORT AND ROUTING NOTES:
-1,34438383.-41 84438 -ti44-83,3 84318 AS 34 38,31- 1318.83 888
.80.,,":183, 8,-8888 434,34'14,, ,338.3843 ,833 88834
NOT FOR
CONSTRUCTION
DESIGN
F88.44-38t
,00/i ,s1-A
31`143433,08 T3883. 4 1813,33 Tftti 0383833888 3 :813 4838 F'81T, 88fIt 881,8
f-tP8^3 -33 -3 888 AV.
33'33, 0138 38-413 3,4,33 413 388 f38,31,41ti T(18[38 8033. 888881-38,4r.83-.8
818803,33.0 If- 14, IC `14: 1.40
t°,8 rtf.ED,C, I-3, 88488 34,88,83 8'3331, 4484,
f 81 3 8.81-83444tif I 8118 3388 ,38-4,3481 8, 48'8 ,8 t1-,
881- 88183 8ti 884,31"8 8-3 8,38 '3381 tint 80,1, 88 8- 83,4, 018 8883,8
,48,81.48
NOTES:
E883438 8,374 8,3133- 4-3, 338 0444ti tit 88403
88814E44484,383158 11V3l4,
33. 8388.88 40 86,, 848 f-Tft 18.48,
8818 LI 4L44 4310838,01.3
4408 88-37.38P33088 88884
1,33 848 44 08,
3-,80888134333 tft 813 ,I, Al
13,33,3 841f FUJI 1,38331-833- ,443
Wti,1-381., 841-3 13:4 ACC 88,-)
F 883-88tTTI, 3,284
F FIT, 4- 133 Ff18 44,
4444TIE8 3831,043F4itiL 4tf
8.383411 -88,8 81 08184% 13, '3, 38, f
PAINTING / GALVANIZING NOTES:
880,86,38 3-33,1P-8,8 Lt33 1 80,8,
ITTIT44 438 I 3181134 444888 '033384,
'' "13 1,8,31.8 1131,,C,33 80T ,IT813- 43841LC41 3,181313
81 4-803,T 8 wwr
- '83,08841 ft, 88,8, 18888
3.18 t88 1ft 8,3
NOTE;
, -33,183
NOTE:
3.8 833334,3
381,83,383,3 ,133-3
t, 488,tit, :1-EP1 tk,
1184,831-13-
38131 3838 3 04,81, tif -T8,333
314 8313 33,03338 F84'831,
tHr .14t 8134 3-33ST *V.,t,
ROO, r4r-.5.",s 1174,3,F 333 IF,
1.4.34Mt. 83, 3--83888F 8 W.,
,88814 t13 ft,' 18803-
44814.
411tif-3
UE 108 1,8884,
488,3E. 838 ,884,3 ti-1,33
VERIZON
WIRELESS
PROJECT
20141112995
MINE
BAI.ROG
3445 IDEAL AVENUE
LAKE ELMO, MN 55642
SHEET CONTENTS
5.801831,304143
1884/841 RF
rE
81-14C8E114fIT
REV 44
8
33EIPIT483-31 18.083,3334
F PROS- 05 W/ SOLAR SHIM./ S-4
ANT) VRUS A2 RX MODULE T'EUTURE) NOTES ,33, .43,W.
NOT USED
ERICSSON RRUS-12 w/ SOLAR SHIELD
AND_KRQS 22 42 MODULE
RRuS-12 W/ SOLAR SHIELD
,AND RRUS 42 RX MODULE
....CRLE
Rxx0C-331S-PF--45
PP. ,Pro uPROPLI, K.- Re,
-
MAIN DISTRIBUTION BOX (TOP)
V
Prow ut, antra
48
abtur A, side ervy
Can br. irtzaW icit
or elgrr Mileuelot
8180m54218Inctuneo
RRUS W/ SOLAR SHIELD
AND RRUS 42 RX MODULE MOUNTING'
P00,. 624 801.0g
Fli FRAC0
P,ORPRED otpf,
660 08081
PROPOSED MAIN DISTRIBUTION BOX/
SECTOR BOX MOUNTING HARDWARE
ERICSSON RR08-813 SO1AR SHiri
AND PROS 42 45 MODUI F
RRUS - B1 3 w/ SOLAR SHIELD
AND RRUS 22 RX MODULE
PRIP mERRO,
RE.PIO P
,W
op
POW 010•44,01nor
NOT FOR
CONSTRUCTION
DESIGN
8016080668
VERIZON
WIRELESS
PROJECT
20141112m
MINC
BALROG
3445 IDEAL AVENUE
LAKE ELMO, MN 55042
SHEET CONTENTS
66114IIS AND UE PIES
- ORP•POIN BY GIP
PATE ILERiE.
CIIROPEO 'RY 00'
REV E
UEI PRIX! P 15 ULIt.9
S-5
o,11ot ,RE41, L
W 1, 441, OF
,11-t1 .1fooF
4{1,1, ..or.
..1-14,4 ICI 1.11
PA1.41, ONho,,
NOTE:
mOUralloo
OOP /4V-1:,.. tot
W., 5 14"..44L4,
,11f ItIOA .E1 C. t
1441
..11,
141r11'l.Il-L. .414144
lou1S1131:4444
4,31113,
1-14.124,AVE
4411,41 so 411. Hi .17..1.
41 ,
PROPOSED AN FE NNA AND EQUIPMENT
NOUN TING DETAIL (MANDRAIL LOCATION)
31,O4141
,EC 1:10
-114_11 f',".
of1,,T 4,1
(AOr c#3,- •#-3 -3,
,tn
9414,'4449,,: 01,
,
.411. n
.1E:1
441 f,#.
IrooTO TO A,f3,33 ,of"
NOTE:
191 FROPC.,FG.
k-
W:F.0,10a 1A.Y.RE
3#3r, Pvt-41-#3, 'HE
7 4, rEN,E, 141if.S
1,4.0
3-114:1#FE1,E ,#,
4110o01.4t.1,51 OC
0oHA
Atarf..
41-4
ot.1L
.r
.4 1114,0AO A
41 L
PROPOSED ANTENNA AHD POLI PMENT
4410414441100 04,1411 (HANDRAIL LOCATION)
,C4 CU,
1,1411' 41.:.
1..7,11144,84
1-R5,433##,## PE,#,F
,34:31-#0
NTT- •.1.17,-m.
;4.01 Mt# ####
AOY f 1.1EE.
o..
NOTE:
1,11
Ao14
61:
o
•
9E14, .L.EL.
ko, ,v11 Pk: At
PROPC)SED AN TEN144 ANID ETOOli mILNI
MOUNTINO DETAIL (TANDRAIL LOCAL rON)
NOT FOR
CONSTRUCTION
DESIGN
VERIZON
WIRELESS
PROJECT
20141112995
MINC
BALROG
3445 IDEAL AVENUE
- LAOE ELMO. AIN 55042
SHEET CONTENTS -
GfJappL f.
SECTIONS AND DE,111i
5414
141414414911
1.1E1 PROJ 15{..A5O
S-6
44
tt.E7 t ErtL,E,-
..ttEittE
ittECI4
...EEC ECItE
EEcE,EttlEtCP
ttE.Eti
s,-
NOTE:
CW,t,
NtEttECEt ti+F
E Etc, , rr;wr Ct.Et .7,Et
cnittE, f Eitt
tiirrrritt. rt' Ire
EiatEc.lt EttfEEI 84'EE, At,
0:1-U11 Mtn
,E,C,CEEECtEt11.; ttc
rctlISKIE 44
JIIECEIhtt
ttARCE.AIEE
tftti
Et kW, EictViittlti P.", E.,
PROPOSED ANTENNA AND Li:rUIPmFNI"
MOUNTING DETAIL (HANDRAIL LOCATION)
Ettit ,,Ett
PtE,E,fiCttEEE,
E,IECIPIEEtEEN,
CIctq
ECt tEVE,
tif,I1C1 C. Et rt.....
t.E.EtttE
tEct
EttE,E,L 1 tEcirEIEitti
IrEt; ',"-
,FE,C,,tEttr) fEE,S.E,,FF
PASIE! 1 1lt,Et tt,
Ef,,EKE, El
”LttittEC.Ir ,t E
L
It .
weltrt;
CAE
LEE ft', RC,E,Ett,f PtEEE
r.,EL
tCCEltEt Et C. rt
t,..,,ttE. EtEtEEEMEtc
r.totit, 'Et Ft
ItAtlEtECC
:4:1ret.4
vorr,r;rr vrqs
Ett,'
E.41 tct t,
t Et- 5
ttl,aCT Etc,: ..Ar
t,,ACEPRE
ftttrEECt, t,t)
t
CEttElF,ECE.: .
Elltr EtEt E EJE-
'11:0 EAE
E.EE14
ELL EEE
1,:t,Ett- I AE,tttt
,tEtttE“Ftt
0,1E. EErEErl,
ttOttclIt., EELEt, tEtE,
NOTE: NOTE:
PRLPEGEE.
sttt MEV, PEt.lEtt Ar412
Ar.torr,rr st.t.
,r,
r. 7E40 R tEcEtt,E,
2 Et, Ec4,-Ectcfi, EEt t CECE. E tEtEtrEEt„
Ata, Ettftt C LAE,PI.ET
I:111 vrr.,
M,;SC PO,CED Ati
S,4*t1 THE( 34 4.44 Et,
LEEItct cc, Ott fEtEttiCtLiEC
7,144 tEt. USE&
,tt, WOO .Ett.14
Al L tELE,ItE
PROPOSED AN I LNNA AND LOLA mCNT
mODNTI DETAIL (HANDRAIL LOCANON)
r (Et,
,E10P,tc.Cr
SW Ott. L., MO +6,
4. i-ttrQYyttc, ETC
EEittLP ETKE-
E .E,t1ECHNE t Litt, tjt,,E.,..
,Etr, AtEL,
ItirLit MEE With
EWE RE tEtt,J1F.t. At;
7tOrt
EEC AEU'S tE4,,,,,:q1,-.
;;;EE0r.l.r
A E{c.s, FEE tttttr-
ELL
PROPOSED ANTENNA AND EQUIPMENT
MOUNTING 1,E1 AIL (HANDRAIL LOCAT(ON)
A
NOT FOR
CONSTRUCTION
DESIGN
VERIZON
WIRELESS
PROJECT
20141112595
MINC
BALROG
)445 IDEAL AVENUE
LAKE ELMO MN 55042
SHE ET CON TENTS
unr.RAL r 40i E.,
DRAW; Et
44,44
*111,4444*41
44444 E
VE1 PROE IS
,11
*4-4445
Ls_
J Z
gt _ 0
i ! - 0 0
i CT
1- 1--
0 En
Z Z
0
U
A11ON NOTES
E
Cf)
0
4°,4 0
Z
C r
CO
!CATION DCTA1L
z
IT
PROPERTY DES07.01101,10e. fo,fortent „fn. Lts,marlea No ,090.2. Ora. 7401't
of las fans,. afora al oc.0 Noftases,
5cods on,s, „talea ors,. Ga. Offo., asoaloa fo
Safat. a,. roe woo: fas 7-, tofroassi
• o s. 11,0 to afe 0007, ol
la,. Nat, ea SeGanif. Go, o flafosso
03 saaars se, „son. esol, nraoso, afo osta ass, 000,
0P0,01...00 x.th thv 00001 faro asolase lon
zoo,. 0., arf0 as00 lefe 4 oafosee of GIS1 fr,
aro of me Nom.. Cosa, of ,r 0,0.. 0,100 H
0,0000 NV, 010, '.0.0 Goof las, a cot.. GP fro, a
tna Sawsws. lat,
GIG .0..Staa
,o Sianava,
• nl5,00 fea. lsafoo Rao,
0000100 0,0000 r0t0
• 0a4s M.o. al maaes
lo inamen, sat, fosal
of, 0 07. offaas ,
na, of att.,.
SCKEDGLE EXHISITS,„ of, sof.sora sa. as l089,70 70,007
fa :Mat
0.1 las .s . „man ao 71,1 ,s 01o, of stassoota a of, 0.off.
of .ao tssaa .., al Gas. in tar Sisa. loo ansfarasaros of S.., soros at a.o,
Goa,. sooaso sawn.. orops, Goss., ,f0,4,1 Osfotroe 100 os
0.0 f 00 feoflossan of 0o, 001.
tros itosomest „se., ,e CONAtrt.00{.t, lake, ana 0,710.07 la 3 0,7
loarl 0a7 I0r aa.foo os sta., [as f.7,
f las .o af fo „Goa, a, os o n,44.,77;0.
foefrastZ 71. to0s ...Oa fas,
771,,,e,,,e..z.46T7 Gosafa 1.„ ffoo,, 0...1 son,
Offa 0o0 astena„ u ft. nos trana.selor 7 afar,. oo, sol
0.00 loa 0000, 9100 190
1,0 00,000t0 e0.0400 ot floroor 555505, :5 t0e0500 00 ,0000200
00,00, 11,0 as ',roman Go 2707.
fao 0,5 0,,,als 055'5,5 0.5 0,0„ of 007 aor :045 ,050055 aao Pa,. art
fj sa s F.00. 00.100,0 10 fa .000,1 on :so stos,
• an a ea sf.- feasisa 00 000.0 '0 n's al tor Goose,.
a. 00050 a ttoano50, 5, 050,0, oseoreed off0oof ?: oo t00.0130,0 NO. 1.70,
asi :os maa, of 70, tosoo f„,s
oe, Z $000 as ltsenneof 1,016
s Gaol I„ Gars sl Woo Slo, ash000 No a Farfa
ff„. fas f a, Co:taloa, a as saaos as me taans
100 11,0000 0.0 00100 0.000,, .,..:401031 Wansas. Goon,. ObreS „77.
t,Goso , GS, so Ga.,. foo 04.300.7
15 a 00-5550 005,512 a 30 oide o0,1 c0000000, 0, Issas.. Goos
oflo, foarna oGeo 000, ,aso ,
SITE NAME:
MING BALROG
000500010a C000(0, 001
SITE SURVEY
05ELDWR5. 4.0015
.oe me,. os,..1 9120010001200710. Goss, aost Pagoof 21. .005 005 a555055
550,0 Pan,. Ns 0,070
Lasootan Oanfle, el O. aas hafin, 00,0,00 t „ass, lao ot Sans
l'aao, 00. a ose f oars 100 0004{ 1,, no., 7, ono a -71 imaro :so
"
000 a sae G. 4 0,0 tort. „s. af0400, 100,
fse 0 so ano a Ian. as Gm sua„
100
roal,...n,l,t0.77 la„. 01 .0.. Pe: Noon o rtf „s, moo 000, fo„, „on
fas of. of V40, Pfof 00001 0,05,5, 5,5 ,05 5,t o5 .5 5,5,
001 „sons, Ilano too,. .a.ra fs Wossaelon Goosls,0001,0, nis :001 ato asonfra
10, Os aosonsarl
r*"
07,
ftlas, V07.0 ls ..700 as, natr „d foraftleo.1.1.0
000, Daconsont fas ..171
Itooffosat 0 as,. 045,000fof 01040r a aars
Os. eas , IS' 100. fror onoe,
000 00,0000.1 e5a,55, o oansr, for Goo 1/7 „ syr
N9I 0.000 IQ t,,C aaaraar
f01., Ossafolar R000000000 400 ....forasy, ,a„0000oro
Ito itt,00 As, 00,0, 0, 0f000 tItt, 0=0,000 00, ft!. 0.000.010,
i.00 0,000 00,0.01. 001 01,00 oo .0 .00.,
101 0.1,0129.17talt j• 2010007. .ted 000 10. 000.0 0=0 0004000 ftsonas,
7,:a so No
fr., al555,vea 5' 55,55 a:55,v, to 00 0, 5,5 05,5t 05,5„ 55a5,512
0,00 00, c{ 5,a5ao,o anat , ao 0as 55.,
074ly 000000 0 0,,00.000.0 0000.0 00001 09,0 al, 107 000 '0000001
00[001, 00, 0000 o, !ammo, mu atraatat.
005, 5.,,,o550 00,0 tidg la 75. ff. 0, a tift. oaf ht.,' 0401,1004 .00 .0 t00
05505554aas 5 .055 55 100 051toa0 0551 500, 5550 1,50 555,05 t000
0,at ta,r a555-0 55a,
00000,,
-.7014 las Gala,. 0
5,555C555 f' 055, 0001)0005 Jive 0.4,.'7.7V00 0.00157 2 e00:1 07a 10,000
SHEET 1 OF 2 SHEETS
WIDSETH SMITH NOLTING
FaglaG0flat'l I 00012fie7lara 01aseln24I En4:100,700.
1
tt;
;al
z ,
st:
SHEET 2 OF 2 SHEETS
SITE SURVEY
•
\ 1
1.10Ritt
'0, S.99 pfq`
;X00E:I'M
14. TR
t M
r \
Norrr:1 MAGNV... PIC
-PIO, a 6[1:!913:11001
4a,
- _55
.„„
r
10113 ),...........4
t-.4. ., t---,,, ty .4,4- ` M
,'X DE1,4,
STATE TRUNK HIGHWAY NO. 5
01
SITE NAME.
MINC BALROG
Coordy MN
SURVEY°. INCIT
03303-4 tr Nal
Melr, ..a.114
3330,3303000 CHECI,ED BY 083 C043300t.
- I --4--4 -, GUV -..tfC,IPIE
,.., 333 E.'"rEC,' PC.LE
i I 't. t,:IX:. K:co-O::,g:r:TPAot
5 e ,::,c,,t,
TREE ..:,5
0
N 5,A11. PO,
74.11
H'3":741:61°:Ar'7:MBOt.
.
m
M EALe''Uit::TANOHOLE
:a;:44
SE
4 ,AP4m1,0,:::::WV1
3 BALLARD LIGHT
C
M; STORM ,,fArtHGLE
,-
- -- SECTION UNE
QUAR,ER UNE
-- -- sixtreEtcr., ullE
. ;. 1
rR A ;4,e1 uG:l 4 1";:0,1,,::: ,, ttt::::e: V, t , ,, , ,I, :71 3 t r
X i ...= N
WATERMAII-A 't,I 303,''F? 2 '30;1'C'D E''t..8EEC'
OVERNEAD ELEC
I 1 1 UNDERGROUND GAS
ONDERORCiPtI) TELE
EDGE OF VV:;,00
rt (-ICE .,,HAN Li t114
EUGE 0 CA034464
ccoar.Pere sui.:F.CE
guiLDING WALL 317,1T..”
GRAVEL itIRPACE.
Taa A133,,
1140 eow
44,1w
Mt; le3:1213=n
CITY Of 01,E ELMO
...
M usit Ott.: 5, ,
17- ,
; Eta E1
rpgV-V4.,
1' -E 30'
DETAIL
• +
,,:t : Et?'').:' ::"* ,e'' • .„,,,,-.7 • -
1 ,s..., , a,
—.....,...'",-W— ". {
--...,,,'''
t
t.T!''54;;;"r-m4 ,,;,,A,
--,,--f;i1,:•------.-
TE54.--,,,E—E 55,5,;11‘ww-,-; u:-.4 4 44 1;111-. Mat.:t ,,1 ami,,...„.....r,
LEGEND
ELEC e: , tt
1'1
33
4o,
•
43-38
1:11111:11,=!;
EXISTING
TOWER
SiTE
-
11
VICINITY MAP
! ;A
WIDSETH SMITH NOLTING
E'te.,:ertn4 I Al [tut ecrure I su5N:5g I Er,:tomr-1,,,a1
0-
SITE NAME:
SITE NUMBER:
ATTY/DATE
LAND LEASE AGREEMENT
This Agreement, made this day of , 20 between
with its principal offices located at , hereinafter designated
LESSOR and d/b/a Verizon Wireless, with its principal office located at
One Verizon Way, Mail Stop 4AW- 00 Basking Ridge, New Jersey 07920 (telephone number
866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times
collectively referred to hereinafter as the "Parties" or individually as the "Party".
I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at
[ADDRESS] [MUNICIPALITY] [COUNTY]
[STATE] , and being described as a ' by ' parcel containing
square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for
ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or inotor vehicle,
including trucks over or along a ( ') foot wide right-of-way extending from the nearest public
right-of-way, ,to the Land Space, and for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way
from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as
the "Premises-) being substantially as described herein in Exhibit "A" attached hereto and made a
part hereof. The Propeity is also shown on the Tax Map of the City of as Block , Lot
and is liirther described in Deed Book at Page as recorded in the Office of
In the event any public utility is unable to use the Rights of Way, the LESSOR hereby
agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to
the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A". Cost for such work shall be home by the LESSEE.
TERM: RENTAL.
a. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a total annual rental of. Dollars ($ ) to be paid in equal monthly
installments on the first day of the month, in advance, to or to such other
person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30)
days in advance of any rental payment date by notice given in accordance with Paragraph 23
below. The Agreement shall commence based upon the date LESSEE commences installation of
the equipment on the Premises. In the event the date of commencing installation of equipment is
determinative and such date falls between the 1 and 15`1" of the month, the Agreement shall
commence on the 1 of that month and if such date falls between the le and 31of' the month,
then the Agreement shall commence on the 1' day of the following month (either of the
foregoing or , if applicable, being the "Commencement Date"), LESSOR and LESSEE
agree that they shall acknowledge in writing the Commencement Date in the event the
Commencement Date is based upon the date LESSEE commences installation of the equipment
on the Premises. In the event the Commencement Date is the fixed date set forth above, there
shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree
that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after the
Commencement Date or after a written acknowledgement confirming the Corrunencement Date,
if such an acknowledgement is required. By way of illustration of the preceding sentence, if the
Commencement Date is January 1 and no written acknowledgement confirming the
Commencement Date is required, LESSEE shall send to the LESSOR the rental payments for
January 1 and February 1 by February 1, and if the Commencement Date is January 1 and a
required written acknowledgement confirming the Conunencement Date is dated January 14,
LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by
February 13.
Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in
such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose
upon request of LESSEE,
4, EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current tenn.
5. EXTENSION RENTALS, The annual rental for the first five (5) year extension
term shall be increased to Dollars ($ ); the annual rental for the
second (2nd) five (5) year extension tenn shall be increased to Dollars
($ ); the annual rental for the third (3rd) five (5) year extension term shall be increased
to Dollars ($ ); and the annual rental for the fourth (4th) five (5) year
extension term shall be increased to Dollars ($ ).
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terminated by either Party by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such term,
this Agreement shall continue in force upon the same covenants, terms and conditions for a further
term of live (5) years and for five (5) year terms thereafter until terminated by either Party by
giving to the other writ -ten notice of its intention to so terminate at least three (3) months prior to
the end of such term. Annual rental for each such additional five (5) year term shall be equal to the
annual rental payable with respect to the immediately preceding five (5) year term. The initial
term and all extensions shall be collectively referred to herein as the "Tenn".
7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the
result of .LESSEE's use of the Premises and/or the installation, maintenance, and operation of the
LESSEE's improvements, and any sales tax imposed on the rent (except to the extent. that
'LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Propery which LESSOR
demonstrates arises from the LESSEE's improvements andlor LESSEE's use of the Premises.
LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imposed upon the
business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing,
LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is
disputing in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall
be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection
with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the
responsibility to pay any personal property, real estate taxes, assessments, or charges owed on
the Property and shall do so prior to the imposition of any lien on the Property.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek .modification of any tax assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE'S
expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including but not limited to, executing any consent, appeal or other similar
document. In the event that as a result of any appeal or challenge by LESSEE, there is a
reduction, credit or repayment received by the LESSOR for any taxes previously paid by
LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction,
credit or repayment. In the event that LESSEE does not have the standing rights to pursue a
good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
8. USE: GOVERNMENTAL APPROVALS,. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. A security fence consisting of chain link construction or similar but comparable
construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not
including the access easement). All improvements, equipment, antennas and conduits shall be at
LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE
shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas
and/or conduits or any portion thereof and the frequencies over which the equipment operates,
whether the equipment, antennas,conduits or frequencies are specified or not on any exhibit
attached hereto, during the Tenn. It is understood and agreed that LESSEE's ability to use the
Premises is contingent upon its obtaining after the execution date of this Agreement all of the
certificates, permits and other approvals (collectively the "Governmental Approvals") that may be
required by any Federal, State or Local authorities as well as satisfactory soil boring tests which
will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with
LESSEE in its effort to obtain such approvals and shall take no action which would adversely
affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event
that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii)
any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that
any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer
technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use
the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this
Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said
termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of
no further force or effect except to the extent of the representations, warranties and indemnities
made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further
obligations for the payment of rent to LESSOR.
9. INDEMNIFICATION, Subject to Paragraph 10 below, each Party shall indemnify
and hold the other harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the indemnifying
Party, its employees, contractors or agents, except to the extent such claims or damages may be
due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
10. INSURANCE.
a. Notwithstanding the indemnity in section 10, the Parties hereby waive and release
any and all rights of action for negligence against the other which may hereafter
arise on account of damage to the Premises or to the Property, resulting from any
fire, or other casualty of the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, such
insurance is now or hereafter carried by the Parties, or either of them. These
waivers and releases shall apply between the Parties and they shall also apply to
any claims under or through either Party as a result of any asserted right of
subrogation. All such policies of insurance obtained by either Party concerning
the Premises or the Property shall waive the insurer's right of subrogation against
the other Party.
b. LESSEE will maintain at its own cost;
i. Commercial General Liability insurance with limits not less than
S1,000,000 for injury to or death of one or more persons in any one
occurrence and S500,000 for damage or destruction to property in any one
occurrence
ii. Commercial Auto Liability insurance on all owned, non -owned and hired
automobiles with a minimum combined limit of not less than one million
(S1,000,000) per occurrence
iii. Workers Compensation insurance providing e statutory benefits and not
less than one million ($1,000,000) of Employers Liability coverage,
4
LESSEE will include the LESSOR as an additional insured on the Commercial
General Liability and Auto Liability policies.
c. LESSOR will maintain at its own cost commercialcoinniereial general liability insurance with
limits not less than $1,000,000 for injury to or death of one or more persons in
any one occurrence and $500,000 for damage or destruction to property in any
one occurrence. LESSOR will include the LESSEE as an additional insured.
d. In addition, LESSOR shall obtain and keep in force during the Term a policy or
policies insuring against loss or damage to the Building with a commercially
reasonable valuation, as the same shall exist from time to time without a
coinsurance feature, LESSOR's policy or policies shall insure against all risks of
direct physical loss or damage (except the perils of flood and earthquake unless
required by a lender or included in the base premium), including coverage for any
additional costs resulting from debris removal and reasonable amounts of
coverage for the enforcement of any ordinance or law regulating the
reconstruction or replacement of any undamaged sections of the Building required
to be demolished or removed by reason of the enforcement of any building,
zoning, safety or land use laws as the result of a covered loss, but not including
plate glass insurance.
11. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs
9 and 29, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict 1 iabil ity or otherwise.
12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that three (3) months prior notice is given to LESSOR.
13, INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not cause harmful interference which is measurable in accordance with then existing
industry standards to any equipment of LESSOR or other lessees of the Property which existed
on the Property prior to the date this Agreement is executed by the Parties. In the event any
after -installed LESSEE's equipment causes such interference, and after LESSOR has notified
LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps
necessary to correct and eliminate the interference, including but not limited to, at LESSEE's
option, powering down such equipment and later powering up such equipment for intermittent
testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the
equipment as long as LESSEE is making a good faith effort to remedy the interference issue.
LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in
the future take possession of the Property will be permitted to install only such equipment that is
of the type and frequency which will not cause harmful interference which is measurable in
5
accordance with then existing industry standards to the then existing equipment of LESSEE.
The Parties acknowledge that there will not be an adequate remedy at law for noncompliance
with the provisions of this Paragraph and therefore, either Party shall have the right to equitable
remedies, such as, without limitation, injunctive relief and specific performance.
14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its building(s),
antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property
and restore the Premises to its original condition, reasonable wear and tear and casualty damage
excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shali
have the right to remove the same at any time during the Term, whether or not said items are
considered fixtures and attachments to real property under applicable Laws (as defined in
Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly- rate or on the
existing monthly pro-rata basis if based upon a longer payment term, until such time as the
removal of the building, antenna structure, fixtures and all personal property are completed.
15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the
Parties are negotiating a new lease or lease extension in good faith, in the event that the Parties
are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from
and after the time of the expiration or earlier removal period set forth in Paragraph [4 shall equal
to the rent applicable during the month immediately preceding such expiration or earlier
terinination,
16. RIGHT OF FIRST REFUSAL, If LESSOR elects, during the Term (i) to sell or
otherwise transfer all or any portion of the Property, whether separately or as part of a larger
parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal
instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger
portion thereof, for the purpose of operating and maintaining communications facilities or the
management thereof, with or without an assignment of this Agreement to such third party,
LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within
thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance with the
terms and conditions of such third party offer. For purposes of this Paragraph, any transfer,
bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR,
whether by will or intestate succession, or any conveyance to LESSOR's family -members by
direct conveyance or by conveyance to a trust for the benefit of family members shall not be
considered a sale of the Property for which LESSEE has any right of first refusal.
17, RIGHTS UPON SALE. Should LESSOR, at any time (luting the Tenn decide (i) to
sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to
a third party by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and
maintaining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To
the extent that LESSOR grants to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in conjunction therewith,
assigns this Agreement to said third party, LESSOR shall not be released from its obligations to
LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the
third party for the full perfonuance of this Agreement.
18. OUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
19. T1TLE, LESSOR represents and warTants to LESSEE as of the execution date of
this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Property, or affecting LESSOR's title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
20. fi\ITEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE
in any dispute, controversy or proceeding at law, and any addition, variation or modification to
this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a
written acknowledgment in the case provided in Paragraph 3. In the event any provision of the
Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and
enforceability of the remaining provisions of this Agreement. The failure of either Party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise any of
its rights under the Agreement shall not waive such rights and such Party shall have the right to
enforce such rights at any time and take such action as may be lawful and authorized under this
Agreement, in law or in equity.
21. GOVERNING LAW,. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal or to any entity Ninch acquires all or substantially all of LESSEE's
assets in the market defined by the Federal Communications Commission in which the Property
is located by reason of a merger, acquisition or other business reorganization. As to other parties,
this Agreement may not be sold, assigned or transferred without the written consent of the
7
LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No
change of stock ownership, partnership interest or control of LESSEE or transfer upon
partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.
LESSEE may sublet the Premises within its sole discretion, upon notice. to LESSOR. Any
sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and
shall be binding upon the successors, assigns, heirs and legal representatives of the respective
Parties hereto.
23. NOTICES. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR:
LESSEE
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal
pursuant to the foregoing.
24. SUCCESSORS. This Agreement shall extend
representative, successors and assigns of the Parties hereto.
as shown on the receipt obtained
to and bind the heirs, personal
25. SUBORDINATION AND NON -DISTURBANCE,. Delete the first sentence of this
paragraph if SNDAs fir all existing encumbrances are obtained prior to Lease execution.
LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement,
a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors
and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be
subordinate to any future master lease, ground lease, mortgage, deed of trust or other security
interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the
Property or right-of-way; provided, however, as a condition precedent to LESSEE being required
to subordinate its interest in this Agreement to any future Mortgage covering the Property,
LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for
LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms
described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to
remain in occupancy of and have access to the Premises as long as LESSEE is not in default of
this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement
shall include the encumbering party's ("Lender's") agreement that, if Lender or its
successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser")
8
acquires an ownership interest in the Property, Lender or such successor -in -interest or Purchaser
will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the
Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the
Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in
the subject loan (if any) and on all successors and assigns of Lender and/or its participants and
on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an
agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate
to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if
Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of
LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR,
In the event LESSOR defaults in the payment and/or other performance of any mortgage or other
real property interest encumbering the Property, LESSEE, may, at its sole option and without
obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogatcd to
any and all rights, titles, liens and equities of the holders of such mortgage or other real property
interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise
become due under this Agreement the sums paid by LESSEE to cure or correct such defaults,
26. RECORDING, LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memorandum of Lease is for recording, purposes only and bears no reference to commencement
of either the Term or rent payments.
27. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written
notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach
and thirty (30) days in which to cure any non -monetary breach, provided LESSEE
shall have such extended period as may be required beyond the thirty (30) days if
the nature of the cure is such that it reasonably requires more than thirty (30) days
and LESSEE commences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and
until LESSEE has failed to cure the breach ‘,vithin the time periods provided in
this Paragraph.
b, In the event there is a breach by LESSOR with respect to any of the provisions of
this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have
thirty (30) days in which to cure any such breach, provided LESSOR shall have
such extended period as may be required beyond the thirty (30) days if the nature
of the cure is such that it reasonably requires more than thirty (30) days and
LESSOR commences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and
9
until LESSOR has failed to cure the breach within the time periods provided in
this Paragraph. Notwithstanding the foregoing to the contrary, it shali be a default
under this Agreement if LESSOR fails, within five (5) days after receipt of
written notice of such breach. to perform an obligation required to be performed
by LESSOR if the failure to perform such an obligation interferes with LESSEE's
ability to conduct its business on the Property; provided, however, that if the
nature of LESSOR's obligation is such that more than five (5) days after such
notice is reasonably required for its performance, then it shall not be a default
under this Agreement if performance is commenced within such five (5) day
period and thereafter diligently pursued to completion,
28. REMEDIES. Upon a default, the non -defaulting Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtaining of reasonably required insurance
policies, The costs and expenses of any such performance by the non -defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non -defaulting
Party in the exercise of any right or remedy which the non -defaulting Party may have by reason
of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy
now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts
to mitigate its damages in connection with a default by LESSEE, If LESSEE so performs any of
LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay
LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting
forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including
all accrued interest, due against all fees due and owing to LESSOR until the full undisputed
amount, including all accrued interest, is fully reimbursed to LESSEE.
29. ENVIRONMENTAL.
a, LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
industrial hygiene conditions or concerns as may now or at any time hereafter be
in effect, that are or were in any way related to activity now conducted in, on, or
in any way related to the Property, unless such conditions or concerns are caused
by the specific activities of LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume
all duties, responsibility and liability at LESSOR's sole cost and expense, for all
duties, responsibilities, and liability (for payment of penalties, sanctions,
forfeitures, losses, costs, or damages) and for responding to any action, notice,
claim, order, summons, citation, directive, litionon, investigation or proceeding
which is in any way related to: a) failure to comply with any environmental or
industrial hygiene law, including without limitation any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be
in effect, unless such non-compliance results from conditions caused by LESSEE;
and b) any environmental or industrial hygiene conditions arising out of or in any
way related to the condition of the Property or activities conducted thereon, unless
such environmental conditions are caused by LESSEE.
30. CASUALTY. In the event of damage by lire or other casualty to the Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may, at any time following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, terminate this
Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE's use of the Premises is impaired.
31. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall tenninate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first, If as a result of a partial condemnation
of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises
for the purposes intended hereunder, or if such condemnation may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at
LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have
given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15)
days after the condemning authority shall have taken possession) terminate this Agreement as of
the date the condemning authority takes such possession. LESSEE may on its own behalf make
a claim in any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss
of its leasehold interest). Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment
as of such termination date with respect to payments due to the other under this Agreement. If
LESSEE does not tenninate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining, except that the
rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to
the total rentable area of the Premises. In the event that this Agreement is not terminated by
11
reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused
by such condemning authority.
32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execution of this Agreement by the
Parties. if any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto
warrants to the other that the person or persons executing this Agreement on behalf of such Party
has the full right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a condition precedent
to the legal effect of this Agreetnent.
33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordinances, directives, covenants,
easements, zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE
shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply
with (a) all Laws relating solely to LESSEE's specific and unique nature of use or the Premises
(other than general office use); and (b) all building codes requiring modifications to the Premises
due to the improvements being made by LESSEE in the Premises.
34. SURVIVAL. The provisions of the Agreement relating to indemnification from one
Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
35. CAPTIONS. The captions contained in this Agreement are inserted for convenience
only and are not intended to be part of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LESSOR:
By:
12
W ITNESS
WITNESS
Its:
Date:
LESSEE:
By:
Its:
Date:
Exhibit "A"
(Sketch of Premises within Property)
LIMITED WAIVER OF USE RESTRICTION AND CONSENT TO LEASE
The City of Lake Elmo (the "City"), a Minnesota municipal corporation, is the owner of the
real property legally described on Exhibit "A", attached hereto (the "City Property"). 3M Company,
a Delaware corporation ("3M"), is the owner of the real property described on Exhibit "B", attached
hereto (the "Adjacent Property"),
Pursuant to Exhibit C of that certain Limited Warranty Deed (the "Deed") conveying the
City Property from 3M to the City, dated June 10, 2005, and recorded on December 9, 2005, as
Document No. 1163065 in the Office of the Registrar of Titles for Washington County,
Minnesota_ the City Property may be used solely for the development and operation of a water
tower and public works facility for storage of yard., salt and sand materials and equipment unless
such other purpose is approved by 3M, as owner of the Adjacent Property.
The City desires to lease a portion of the City Property to Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless ("Verizon Wireless") for the purpose of constructing, maintaining,
repairing and operating a communications facility, and uses incidental thereto. for use by Verizon
Wireless and other wireless communications carriers (the "Verizon Wireless Conuriunications
Facility").
3M hereby waives the use restriction under the Deed with respect to the Verizon Wireless
Communications Facility and consents to the leasing of a portion of the City Property to Verizon
Wireless as described herein.
[T];e remainder °Phis page left blank intentionalk Signature page follows.
106871234v2
SIGNATURE PAGE TO CONSENT TO LEASE
STATE OF MINNESOTA
) ss.
COUNTY OF
3M COMPANY
By:
Name:
Title:
Date:
The foregoing instrument was acknowledged before me this day or
2015 by , the Chief Manager of 3M Company, a Delaware corporation,
on behalf of the corporation.
Notary Public
106871234v2
Exhibit "A"
ALL THAT PARCEL Or LAND IN WASHINGTON COL I V, SIAIE OF MINNESOTA, AS N1ORE
FULLY DESCRIBED IN DEED DOC 1163065, CEIC1 6199H, II)fi 16.029.21.32.001, BEING
KNOWN AND DESIGNATED AS FOLLOWS:
THAT PART 04"1111. NORTHWEST QUARTER 01111E S01411WES I QUARTER OF SECTION
16, TOWNSHIP 29 NORTH, RANGE 21 WEST, NVASIIINGTON COUN'l 1', NI INNESOTA
DESCRIBED AS F01.4.0WS:
COMMENCING AT THE NOR THW EST CORNER OF SAID NORTHW EST QUARTER OF 1111.,
SOI THW EST QUAR 1 ER; THENCE SOLT-111)0 DEGREES 03 MINUTES 55 SECONDS EAST,
REARING ORIENTED TO THE WASHI MOON ( OUNTY COORDINATE SYSTE.M, NA[) 83,
ALONG THE WEST LINE OF SAID NOR TIIW EST QUARTER OE TIIE SOUTHWEST Ql.,ARTER,
A DISTANCE OF 115.20 FEETTO THE POIN1 ()I: BEGINNING OF THE PARCEL OF LAND TO
BE DESCRIBED; THENCE NORTH 89 DEGREES 51 AIINUTES 08 SECONDS EAST. A
DISTANCE OF 815.00 FEF.T; THENCE SOI 1)) (8) DEGREES 03 !MINUTES 55 SECONDS EAST,
PARALLEL W ITH SAID ‘‘.. EST LINE, A VISTAS( F.. 0E400.00 FEFT TO I rs INTERSEC1 ION
ITH THE NORTH LINE ()F STATE, TRI'.NK HIGHWAI NO, 5; THENCE S01..iTi1 89 DEGREES
51 NIINUTF-S 08 SECONDS WEST. ALONG SAID NORTH LINE, A DISTANCE OF 815.00 FEET
TO ITS INTERSECTION ‘VITI1 SAID WES1LINE OE THE NORTIIWI,ST QUARTER OF THE
SOUTHWEST QUARTER; THENCE NORTII 00 DEGREES 03 MINUTES 55 SECONDS WEST,
ALONG SAID WEST LINE, A DISTANCE OF 400,00 I ELT TO TIIL POINT OF BEGINNING.
THIS PARCEL CONTAINS 7.484 ACRES, N1010, OR LESS,
Exhibit "A"
Page 1 of 1
106871234v2
Exhibit "B"
[3M TO PROVIDE LEGAL DESCRIPTION OF ADJACENT PROPERTY]
Exhibit "B"
Page I of I
106871234v2
I I IE CIT) If'
KE ELN 0 -
cOUNC, CA TION
DATE:
REGULAR
ITEM #:
July 7, 2015
17
AGENDA ITEM: Appointment of City Clerk
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Community Development Director, City Administrator, RR Committee
Chair
SUMMARY AND ACTION REQUESTED: The City Council is asked to approve the
appointment ofJulie Johnson as the City Clerk for the City of Lake Elmo.
FISCAL IMPACT S60.000 salary / $31,000 benefits = S91,000
(Benefits —ER SS, ER Medicare. ER Pera, Health, Dental, Life, AD&D)
BACKGROUND INFORMATION: Ms. Johnson was part of a candidate pool of 44
applicants for the position of City Clerk. Candidates were screened and examined using ten
specific rating categories that analyzed specific strengths and weaknesses. The specific
categories were: Clerk Experience, Human Resource Experience, Taxpayer Service, Official
Records / Official Notices, Meeting Preparation / Minutes, Elections, Teamwork, Financial
Analysis, and Municipal Code Maintenance. Ms. Johnson was interviewed by a group of three
City Staff Members consisting of the Finance Director, Community Development Director, and
the City Administrator. The staff all agreed that she was the best candidate for the City Clerk
position. Two councilmernbers sat in and listened during the interviews, Councilrnembers Fliflet
and Lundgren, and they both concurred with the selection of Ms. Johnson.
STAFF REPORT: Ms, Johnson has been offered the position of City Clerk contingent on
approval by the City Council, at a salary of $60,000 with benefits offered to all City of Lake
Elmo Full Time Equivalent employees. Ms. Johnson is available to start on July 8, 2015.
RECOMMENDATION: Based upon the above background information and staff report, it is
recommended that the City Council approve the appointment of Julie Johnson as City Clerk by
undertaking the following action:
"Move to affirm the appointment of ,htlie Johnson as City Clerk of the City of Lake Elmo at
an annual salary of $60,000 effective July 8, 2015"
-- pa
"I'l IF CITY OF
LAKE ELMO
61: tqlVUN/CA TION
DATE:
REGULAR
ITEM #
AGENDA ITEM: Proposed Services to Assist in Code Enforcement
SUBMITTED BY: Rick Chase, Building Official
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Kyle Klatt, Community Development Director
July 7, 2015
18
SUGGESTED ORDER OF BUSINESS
Introduction of Item City Administrator
Report/Presentation.. ...... .....................„ ...„............City Administrator
Questions from Council to Staff ...................... ....... .............„. Mayor Facilitates
Call for Motion ........... .............. ..... ............................... Mayor & City Council
Discussion......... ............. ...............................„................ Mayor & City Council
Action on Mayor Facilitates
POLICY RECCOMENDER: Staff
FISCAL IMPACT: Staff estimates that the cost of proposed survey work to be $1,500 from
the general fund.
SUMMARY AND ACTION REQUESTED:
The City has been engaged in an ongoing inspection of a property complaint at 8085 Hill Trail
North. In order to evaluate the merits of the complaint, it is necessary to conduct a survey of the
property to accurately establish the location of the parcel boundaries. The requested expenditure
from the general fund is to conduct the necessary survey work to move the inquiry forward. The
property in question has a history of complaints received by City staff. The recommended
motion for the expenditure is as follows:
"Move to authorize the requested survey work related to ongoing code enforcement activities
in an amount not to exceed $1,500."
-- page 1 --
City Council Meeting [Regular Agenda Item 18,1
July 7, 2015
BACKGROUND INFORMATION (SWOT)i
Strengths — The proposed work will assist in the evaluation of an ongoing code
enforcement case that remains unresolved at this time.
Weaknesses — There is cost associated with conducting the survey work needed to
further investigate the merits of the ongoing complaints. Staff estimates the cost not to
exceed $1,500.
Opportunities — Completion of the survey work will provide staff the information
needed to move the code enforcement case forward. It is staffs goal to utilize the
requested information to ultimately bring resolution to the complaints.
Threats- None
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
authorize the requested survey work in an amount not to exceed $1,500. The suggested motion is
the following:
"Move to authorize the requested survey work related to ongoing code enforcement activities
in an amount not to exceed $1,500."
-- page 2
If IF. CIT1' OF
KE ELN, 0
DATE: July 7, 2015
REGULAR
ITEM #: 20
MOTION - REGULAR
AGENDA ITEM: City of Lake Elmo Public Meeting Decorum Protocol
SUBMITTED BY: Dean Zuleger, City Administrator
THROUGH: Julie Flitlet, Council Member
REVIEWED BY: Julie Flifiet, Council Member
SUGGESTED ORDER OF BUSINESS:
introduction of Item
Report/Presentation....„.„.„..
Questions from Council to Staft
Public Input. if Appropriate
T
C:ouncilmember Fliflet
.... ......Council Nlember Fliflet
......... .....Ntavor Facilitates
lavor Facilitates
Call for Motion Mayor & City Council
Mayor &city Council
POLICY RECCOMENDER: Council Member Julie Fliflet
FISCAL IMPACT: N/A
SUMMARY AND ACTION REQUESTED: To improve the decorum and productivity of
official City Meetings through the adoption of standard guidelines of decorum for elected
officials, appointed officials, staff and members of the public.
LEGISLATIVE HISTORY: The City Council, since the mid-2000, has operated under a
statutorily adopted code of conduct that was designed to maximize the productivity of official
meetings in as civil a manner as possible. It is important for policies and procedures to be in
place to ensure city meetings remain civil and respectful. It is also important for clear parameters
to be established regarding behavior and decorum so that all participants are knowledgeable and
informed of proper meeting decorum. Lake Elmo has a long standing history of conflict. it is
important to establish guidelines that will ensure public meetings do not get unruly.
-- page 1 --
City Council Nieeting fRegolar As;encla Item 20]
June 7, 2015
BACKGROUND INFORMATION: The Lake Elmo, Minnesota Guidelines of Public Meeting
Decorum has been developed as a commitment to healthy public discourse at all levels of
government: elected officials, staff and residents (see attached). The Guidelines have been
developed using current City Code, standard language of professional ethics for the various staff
disciplines within Lake Elmo, materials from the League and other municipalities on civic
engagement / audience participation. The Guidelines for Decorum for public comment would be
clearly displayed on participation forms used at City Council and other Lake Elmo government
meeting. (see attached)
BACKGROUND INFORMATION (SWOT):
Strengths: Clear parameters and guidelines are set forth on meeting protocol,
decorum and behavior.
Weakness: Behavior guidelines may be viewed as suppressing opinions or the right
to speak / behave in a manner protected by the tenants of free speech.
Opportunities: Civility / decorum will produce more productive meetings and policy
dialogue.
Threats: There are 110 perceivable threats in the adoption of these rules.
RECOMMENDATION:
Understanding that the end goal of any public policy -making meeting relies on an informed,
deliberative and orderly process, it is the recommendation of the City Administrator to adopt the
following:
Motion:
To adopt the Lake Elmo, Minnesota Guidelines of Public Meeting Decorum and include
the section on Citizen Behavior on the Public Comment sheet for meeting particpation.
Lake Elmo, Minnesota Guidelines mfPublic Meeting Decorum
The City of Lake Elmo will conduct city business in a respectful, civic manner, Our expectation is
that we and all who participate in our proceedings, will be respectful of each other including
council members, appointed officials, members of the public, and city staff. The guidelines
listed below address Council, Commission, and Committee Members and their role in
developing 3productive environment.
Elected / Appointed Official Behavior
'
As set forth by the Municipal Code of Lake Elmo (Lake Elmo Municipal Code 31.01) City Council
Members are to abide by ground rules for interaction with each other and with members of the
public at Council meetings, The City of Lake Elmo seeks to adopt the follow parameters as
formal Guidelines of Public Meeting Decorum based in part on this section of the code. This
formal policy will include interaction of Council members, Commission members, Committee
members, City Staff, and members Vfthe public. Therefore, the following Guidelines have
been established:
Each Council Member, Commission Member, and Committee Member shall abide by the
following ground rules for interaction with each other and with members of the public at
Council meetings.
(l) Respect others. Council Members, Commission Members and Committee Members
should:
(a) Respect each other and the process;
/b\ Assume people are being honest and genuine inthe expression oftheir views;
(c) Not shame o,blame others;
(d) Not talk about people who are not present; and
/e\ Respect residents ofthe city and city staff
<Z\ Listen. Council Members, Commission Members, and Committee Members should:
(a) Not interrupt while others are speaking;
(b) Ask clarifying not interrogating questions;
(c) Use "|" statements not "Ybu"xtate[nents;
/d\ Discuss and debate ideas inacivil manner;
(e) Be respectful of the ideas of others even if they don't agree with your ideas; and
(f) Keep side conversations to a minimum
/3> Accountability. Council K4ennbem,Commission Members and Committee Members
should:
/a\ Participate tothe best oftheir ability;
/b\ Be responsible for making sure all voices are heard;
(d) Hold each other accountable inacivil way;
(e) Be responsible for their part ofa problem or issue;
(f) Be accountable for the use of information by not misusing information or by providing
incorrect information; and
(B) Beresponsible for reviewing agenda items and support information.
(4) Take risks, Council Members, Commission Members, and Committee Members should:
(a) Take risks, beauthentic and speak truthfully; and
(b) Not behostile Vrharassing toward others for taking risks.
(5) Be open, Council Members, Commission Members, and Committee Members should:
(a) Boopen toother's stories and realities;
/b\ Beopen topartially-formed ideas;
(C) Learn from mistakes;
(d) Beopen toachange ofheart and mind; and
(e) Not operate from fear.
(G) Personal reaction. Council Members should not take things personally, and focus on the
ideas being expressed, not the person expressing the ideas.
Staff / Consultant Behavior
Staff and hired consultants are to remain unbiased toward the political workings of the policy
governance bodies they serve, providing said policy makers with the pertinent facts needed for
a decision. Facts are to be polite, accurate, timely, and wholly based on the foundation of the
City Code, Comprehensive Plan & Zoning Code and established policies of the City. Staff is to
use best judgement in the offering ofopiDons/reconnnoendatiOns to the Council, Commission,
or Committees. Staff should share their knowledge of particular subjects and issues with the
Council, Commission, or Committee so that informed decisions can be made, and input from
staff will be welcomed. Staff shall address members ofthe Council, Commission, orCommittee
bytheir formal tit|e. Staff shall not participate in heated debates except to provide clarification
of policy or to maintain order. Staff is to adhere to the ethical standards set forth by their
profession / professional affiliations (i.e Minnesota City — County Manager Association,
American Planning Association),
Citizen Behavior
Citizen input isvery important tothe policy makers ofLake E|rnV. Therefore, the City Council,
Commissions, and Committees welcome input on the policies and procedures it develops for
provided the input is given inanorderly, respectful and thoughtful manner astobeproductive.
The guidelines Vfdecorum for citizen participation atapublic meeting are asfollows:
/l\ Conduct oneself with respect and civility towards others and otherwise abide by
Council, Commissions, and [onnnlh1ee policy. Please refrain from conversation with
others during the meeting, and shouting from the audience will not be allowed, Being
quiet during the meeting is appreciated so that the business of the governing body can
beconducted with full attention tothe matter athand;
/Z\ The governing body will provide /Z\ opportunities for public comment during the
meeting. First, an opportunity will be given at the onset of the meeting for genera)
comment; Second, opportunity will be given to speak on an agenda itern at the time the
governing body addresses the item;
(3) Citizens wishing to speak must sign in and provide their request to the Council,
Commission, or [Onono(ttee Clerk for distribution to the Mayor / Chair. Upon being
recognized, you should proceed to the lectern and state your name, address and topic
to be discussed. You will be given (6) minutes to speak. The Mayor / Chair may interrupt
or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive,
obscene, slanderous, or irrelevant. Any person acting in an unruly manner may be asked
toleave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in
conversation 0rother behavior which may disrupt the proceedings ofthe Council,
(5) When group of persons wishes to address the Council on the same subject manner, 'it
shall be proper for a spokesperson to be Chosen by the group to address the governing
body. No action will be taken in response to a petition delivered at a Council meeting,
Petitions will be placed on file and referred to the appropriate staff for consideration
and recommendation ofappropriate action.
General Civility
The purpose of City Council Meetings, Commission Meetings, and Conlrnh1ee K42e1\n@s is to
promote the general welfare of the City Of Lake Elmo. Adherence to the aforementioned
Guidelines of Public Meeting Decorum will help foster civility and positive exchange of ideas,
and will create an orderly, respectful, and productive environment for the governing of the City
n[Lake Elmo.
oxVu/,m'
|���l�|��M
��~`~^~ �~^_``^`/
Lake Elmo ����C�����M����
�
^ =
if you wish to address the city council, please fill Out the form and give it to the City Clerk or [hY
Administrator.
The K4ayor/ Chair will call upon you when it istime for you to speak during the time designated for
public comments oneach agenda item.
ifyour topic bnot a numbered item on the agenda, it will be heard during the Public Comments and
Inquiries portion ofthe meeting,
*** Decorum Policies ***
(l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions,
and Committee policy. Please retrain from conversations with others during the meeting, and shouting
from the audience will not beallowed, Being quiet during the meeting ixappreciated sothat the business
of the governing body can be conducted with full attention to the matter at hand;
(2) The governing body will provide (2) opportunities for public comment during the meedn8. First, an
opportunity will he given at the onset of the meeting for general comment,- will opportunity � be
�ventospeak onanagenda item atthe time the governing body addresses \heitem;
(3}
Citizens wishing to speak must sign in and provide their request to the Council, Commission, or
Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the
lectern and state your name, address and topic to be discussed. You will he given (6) minutes to speak,
The Mayor /Chair may interrupt or terminate a citizen's statement when b|stoo lengthy, personal,
insulting, abusive, obscene, slanderous, nr irrelevant. Any person acting inanunruly manner may be
asked toleave the meeting.
(4) No person shall display signs or placards, applaud participants in debate or engage in conversation or
other behavior which may disrupt the proceedings of the Council.
(5) When agroup otpersons wishes {oaddress the Council o^the same subject manner, bshall beproper for
uspokespeoun tohechosen bythe group toaddress the governing body, No action will betaken 'in
response to a petition delivered a/ a Council meeting, Petitions will be placed on 0|e and referred to the
appropriate staff for consideration and recommendation of appropriate action.
Name (please phnt):
Address:
|tem#/Topb:
lc a
DATE:
REGULAR
ITEM #
JICA 7- ON
AGENDA ITEM: Interim Ordinance — Sewered Development Staging Areas
SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Nick Johnson, City Planner
Julie Fliflet, City Council
July 7, 2015
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ...... .......... ..... ...........Community Development Director
Report/Presentation.................. „ ..........Community Development Director
Questions fi-om Council to Staff Mayor Facilitates
Call for Motion ..... ..................... .......... ..................... Mayor & City Council
Discussion....................,............. ........ ...........„..„............ Mayor & City Council
Action on Motion ....... Mayor Facilitates
21
POLICY RECCOMENDER: At the request of Council Member Fliflet, Staff has prepared a
draft interim ordinance that would establish a moratorium on new development within the City's
future sewer service areas for a period of one year. This ordinance was tabled at the June 2nd
Council meeting and is scheduled for further discussion at the July 7ffi meeting,
FISCAL IMPACT: The interim ordinance includes language that would allow the City to
consider development that meet certain public interests including those that have paid advanced
water commitments and those that would benefit the corm -nullity by provide necessary water or
sewer infrastructure.
SUMMARY AND ACTION REOUESTED: The City Council is being asked to review the
proposed ordinance and make any modifications to the document as may be deemed appropriate.
Staff has made revisions to the document since the previous Council review, and any such
changes are tracked in the attached draft Ordinance.
The suggested motion to adopt the interim ordinance is as follows:
-- page 1 --
City Council Meeting (Regular Item 21]
July 7, 2015
"Move to adopt Ordinance 08-123 declaring a moratorium for a period q.1
certain types ° development as described in the Ordinance"
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The proposed
ordinance represents a continuation of the CounciPs previous discussion on growth management
strategies in advance of Met Council's adoption of the final 2040 forecast numbers. The
ordinance would provide the City with time to implement an interim growth management
strategy in order to plan against thc future population and household forecast reductions and to
work on an interim Comprehensive Plan Amendment that plans against these updated numbers.
The purpose and intent of the interim ordinance are spelled out in the actual ordinance and
attached for review by the City Council.
Based on the previous Council review of this matter, Staff has made minor modifications to the
document as originally drafted. Most of these changes are intended to clarify the specific uses
that will be impacted by the ordinance or to add additional details to the document. In further
considering the implications of the proposed interim ordinance, Staff is also recommending the
following:
That the ordinance include a specific exemption for senior (congregate) housing. Staff
has been approached by a developer that is working on a formal application for senior
housing in the Village.
That the PUD section be eliminated from the ordinance. The inclusion of criteria for
PUD's separate from the Zoning Ordinance provisions could cause problems in
establishing how such requests would be reviewed in the future. Even if proposed as a
PUD, approval of larger residential developments should be delayed until the City is able
to complete its review of the Comprehensive Plan and updated growth targets.
• That the ordinance include optional language concerning non-residential uses in the Stage
2 and 3 development areas. At the last Council meeting, the Council was in general
agreement to adopt an ordinance concerning residential development, but there was not
as clear of a consensus concerning non-residential uses. The optional language is
highlighted in yellow in the attached ordinance.
RECOMMENDATION: Staff is recommending approval of the interim ordinance without the
optional language (highlighted in yellow) and as otherwise drafted. As an alternative, the
Council may consider including the highlighted provisions or modifying the document in another
III ruler .
The suggested motion to adopt the interim ordinance is as follows:
"Move to adopt Ordinance 08-123 declining a moratorium for a period of 12 months on
certain types of development as described in the Ordinance"
ATTACHMENTS:
1. Ordinance No. 08-123
-- page 2 --
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-123
AN INTERIM ORDINANCE DECLARING A MORATORIUM FOR A PERIOD OF 12 MONTHS
ON RESIDENTIAL DEVELOPMENT WITHIN THE STAGE ONE DEVELOPMENT AREA AND
ALL DEVELOPMENT ACTIVITY WITHIN THE STAGE TWO OR THREE DEVELOPMENT
AREAS AS DECRIBED BY THE LAKE ELMO COMPREHENSIVE PLAN
WHEREAS, the City of Lake Elmo has received a draft 2040 regional forecast
from the Metropolitan Council that would reduce the number of households and total
community population by a substantial margin from the 2030 forecast as part of the
City's 2015 System Statement to be released in the fall of 2015; and
WHEREAS, the draft forecast for 2040 would reduce the City's total population
by 5,800 and households by 1,627 compared to the 2030 forecast numbers that were
adopted as part of the Lake Elmo Comprehensive Plan; and
WHEREAS, the City intends to create an interim growth management strategy
that will be used to guide future growth and development within the City in advance
of the 2018 decennial Comprehensive Plan Update while also recognizing and planning
against the revised 2040 forecast numbers; and
WHEREAS, as part of its interim growth management strategy, the City will be
considering amendments to the Comprehensive Plan in order to rebalance the future
land use plan in a manner that guides development in a manner consistent with the
2040 forecast; and
WHEREAS, the City of Lake Elmo has adopted a Staging Plan as part of the
Comprehensive Plan, but this Staging Plan does not establish specific targets or dates
for development within later stages; and
WHEREAS, the 2040 forecast and Systems Statement will not be finalized until
late in 2015, and the City cannot adopt any Comprehensive Plan amendments that
guide future growth in accordance with the updated Systems Statement until its
adoption; and
WHEREAS, the City has granted approval for nearly 2,000 housing units to date
at a concept, preliminary, or final plat level, and that it is in the public's interest to
ensure that future residential development occurs in a manner consistent with the
updated 2040 forecast; and
WHEREAS, while the City is reviewing the land use plan for future sewer
service areas in advance of the 2040 forecast and 2015 Systems Statement being
finalized by the Metropolitan Council and developing an interim growth management
strategy that will be used to guide future growth and development within the City in
advance of the 2018 decennial. Comprehensive Plan Update, the City Council believes
it is reasonable and appropriate and in the best interests of the City of Lake Elmo, for
purposes of protecting the planning process and the health, safety and welfare of the
citizens of Lake Elmo, to limit the establishment of certain development within the
City's future sewer service area as identified in the Comprehensive Plan in
accordance with the below provisions; and
WHEREAS, Minnesota Statutes Sec. 462.355, Subd. 4 provides for the adoption
of an Interim Zoning Ordinance during a planning process as heretofore and herein
described.
NOW, THEREFORE, based on the foregoing, the City Council of the City of Elmo
City does ordain:
SECTION 1. STAGE 1, 2 and 3 RESIDENTIAL DEVELOPMENT. That for a period of
twelve (12) months from the date hereof, there is hereby declared a moratorium on
the consideration and/or approval of any residential and related use or mixed -use
subdivision or residential and related use or mixed -use development project within
the Stage 1, 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan
except for:
a) projects that have been granted concept, preliminary, or final plan and/or
plat approval; or
b) projects that have paid advance water service committee fees; or
c) any project that would benefit the community or address environmental
threats through the installation of essential services like sewer, water,
storm sewer, or other public safety mechanisms and that would extend
these services into areas that are planned for public infrastructure ;or
d) Senior housing projects or other uses classified as Congregate Housing under
the Lake Elmo Zoning Ordinance.
SECTION 2. STAGE 2 and 3 ALL DEVELOPMENT. That for a period of twelve (12)
months from the date hereof, there is hereby declared a moratorium on the
consideration and/or approval of any subdivision or development project within the
Stage 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan except
for:
a) projects that have been granted concept, preliminary, or final plan and 1 or
plat approval; or
b) projects that have paid advance water service committee fees.
c) commercial development in cases where the City Council determines that
the project provides sufficient incremental tax value to the community and
the developer would bear the whole cost of extending public infrastructure
to the development.
SECTION 4. This Ordinance shall be effective upon its legal passage and publication.
SECTION 5. Adoption Date. This Ordinance 08-123 was adopted on this 7th day of
July 2015, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Beckie Gumatz, Deputy City C e k
This Ordinance 08-123 was published on the day of 2015.
'FI1E C1T1' OF
LAKE ELMO
MA 'y
4
P
„OM
DATE:
REGULAR
ITEM #
AGENDA ITEM: Village Work Group Discussion
SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Nick Johnson, City Planner
Julie Fliflet, City Council
July 7, 2015
SUGGESTED ORDER OF BUSINESS:
Introduction of Item Development Director
Report/Presentation.......... ..... ....... ...... _Community Development Director
Questions from Council to Staff ........ Mayor Facilitates
Call for Motion .......................,............... ..... ................... Mayor & City Council
Discussion ........... ..... .......................... .... ........................ Mayor & City Council
Action on Motion..... ...... ..... ................................ Mayor Facilitates
POLICY RECCOMENDER: N/A
FISCAL IMPACT: N/A
2
SUMMARY AND ACTION REQUESTED: The City Council has requested to have a
discussion on the history and purpose of the Village Work Group. The following memo is
intended to provide an overview of the formation of the group and its purpose, scope and
activities. No formal action is requested at this time.
LEGISLATIVE HISTORY/STAFF REPORT: The formation of both the Village and I-94
Corridor Work Groups occurred as a result of the City needing to update the land use chapter of
its Comprehensive Plan. The City's Land Use Plan should have been updated in 2008 as part of
its required decennial update to the Metropolitan Council. At that time, the City completed most
of the required sections of the Comprehensive Plan, with the exception of the Land Use Plan,
Housing Plan and Wastewater Facilities Plan. In order to complete these sections, the City
requested an extension from the Metropolitan Council to allow the City to submit these three
sections of the Comprehensive Plan at a later date. Both the I-94 Corridor and Village Work
Groups were formed to assist in the formulation of the City's Land Use Plan for those respective
areas of the community.
-- page 1 --
City Council Mceting [Regular Agenda Iiem 22j
July 7, 2015
In addition to submitting a revised land use plan to comply with Met Council requirements, the
city also intended to review the land use plan that was adopted in 2005 with the following
objectives:
Integrating aspects of the Village Master Plan and Village AUAR that were completed
after the 2005 Comp Plan Update. The Village Master Plan was accepted by the City
Council, but never formally adopted into the land use plan.
• Reviewing the land use plan for the 1-94 Corridor to accommodate different densities of
housing and commercial land uses. The adopted land use plan included only two land
use categories along the corridor(residential at 3,5 units per acre and business park).
The Village and 1-94 Corridor Work Groups were formed at the beginning of 2011. The groups
were charged serving in an advisory capacity to inform and review the Comprehensive Plan
Amendments for both areas planned to be serve with sanitary sewer in Lake Elmo. The groups
were comprised of Planning Commissioners, City Council Members, stakeholders/landowners
and citizens at -large. The membership of the groups were as follows:
Old Village Work Group
Anne Smith (Council)
Brett Emmons (Council)
Julie Fliflct (Planning Commission)
Jennifer Pelletier (Planning Commission)
Nadine Obennueller (Planning Commission)
Kathy Haggard (Planning Commission)
Steve Delapp (Citizen -at -Large)
1-94 Corridor Work Group
Dean Johnston (Council)
Mike Pearson (Council)
Todd Williams (Planning Commission
Greg Hall (Planning Commission)
Tom Bidon (Planning Comlnission)*
Steve Britz (Planning Commission)*
Toni Kreimer (Citizen -at -Large)
Dan Regan (Stakeholder)
Bruce Miller (Stakeholder)
*Note: These members did not participate through completion of the effort.
In terms of the reasons for formulating two groups, the Planning Commission noted the
following early in the process: 1) each project area is starting from a different point 2) more
efficient use of committee/staff time, 3) able to better adjust to external issues, and 4) focus of
meetings can be tailored to a more specific purpose, The groups were also operating under
different timelines, with the understanding that the Village group was going to focus more on
implementation while the 1-94 group would be working on plan updates and broader
comprehensive planning concerns.
Once the groups were forrned, each group crafted a process with the end goal in mind of
approving a final Comprehensive Plan Amendment for each respective area. It is important to
note that the means to reach the end goal were different for each of the two areas (1-94 Conidor
and Village). While City staff led the process and drafted all proposed amendments to the City's
land use plan, both groups were given discretion to inform the areas of focus and discussion
topics that would ultimately lead to the final Cornp Plan Update. In the case of the Village Work
Group, the process and areas of focus included the following tasks:
• Stakeholder and Public Engagement • Creation of Goals for the Village Land
-- page 2 --
City Council Meeting (Regular .4gencla lion 22
July 7, 2015
Pedestrian and Trail Facilities
Research and Establishment of Design
Standards
Public Facilities and Village Green • Research of From -Based Codes
Use Plan
Finalization of Revised Land Use Plan
Input on Future Zoning for the Village
In addition to this information, staff did present a recommended schedule of discussion topics at
the beginning of the Work Group process. This recommended schedule is found in Attachment
#1.
As far as the meeting structure is concerned, the Village Work Group held public meetings that
were noticed with public agendas. The same procedures were utilized for the 1-94 Corridor
Work Group. As the planning process proceeded it was not uncommon to have various
stakeholders or members of the public attend the meetings. The meetings were primarily used to
present staff research on various topics, as well as work sessions to discuss elements of the future
land use plan of the Village Area. These meetings occurred at least monthly, but sometimes
weekly, depending on the urgency and topic of discussion.
As the group continued working on formulating a land use plan for the Village Area, conducting
public engagement was another important step in the process. With the support of staff, the
Village Work Group facilitated the following larger public engagement efforts:
9/72/11 — Visual Preference Survey
3/29/12 — Village Planning Open House
9/20/12 — Village Planning Open House
2/25/13 Public Hearing Comprehensive Plan Amendment
In early 2013, the Planning Commission recommended approval of a final land use plan
amendment specific to the Village Area as presented by the Work Group. This plan was
reviewed and approved by the City Council on March 5, 2013 with minor modifications to text
as proposed by the Work Group and as recommended by the Planning Commission
OTHER GENERAL ISSUES/FUTURE WORK: Since the adoption of the Village Land Use
Plan, there have been specific actions taken by the City to implement several of the
recommendations of the plan, including adoption of the VMX Zoning District Standards,
approval of the Lake Elmo Design Standards and Manual, and approval of specific development
projects within the Village Planning Area.
Other general comments concerning the land use plan:
The creation of a village green is included as a major component of the land use plan.
The plan does not address the size or a specific location for the green. The previous
Council did not prioritize performing additional planning work for a Village green or
acquiring land for a green.
-- page 3 --
City Council Meeting [Rev(Icir.-1,gencla It'ni 22.1
July 7, 2015
The Work Group did not discuss the financing mechanism associated with any of the
proposed elements of the land use plan. It was understood that a financing plan for
improvements would be needed depending on the type of work. that was performed.
The current downtown public infrastructure, streetscape, and drainage improvement
project, although supported by the land use plan, was not a specific reconunendation
from the Work Group. This project was initiated by the County at the request of the City
to accelerate the County's planned reconstruction of Lake Elmo Avenue with the City's
desire to install sanitary sewer into the Village in 2015. The project management team
for this project presented updates directly to the City Council. The City Council
discussed and authorized a specific level of improvements to be included in the project
late last year.
The Work Group was involved with the work performed by Damon Farber to create the
Lake Elmo Theming Study. The theming study was used as a basis for the proposed
Lake Elmo and Village Area streetscape.
In order to provide a template for its work and to help visualize the various land use
options that it was considering, the Work Group developed an illustrative plan that was
never intended to be adopted as a formal part of the City's Comprehensive Plan. This
plan included details that helped the group consider different land use options, and to
discuss what the implementation of the general land use plan would look like. Because it
was illustrative and not a formal master plan, it included elements that were suggested by
the group as options (i.e. a central pond area, ballfields, a new City Hall, a specific
Village Green location and so forth), but that were clearly going to be subject to future
discussion and review by the Planning Commission and Council. In order to implement
any particular clement depicted on the illustrative plan, including a village green, the City
would need to undertake a planning process for this particular element. No such specific
work has been performed to date outside of the Lake Elmo Avenue sewer, water, storm
water, and streetscape project. As a visualization tool, the Work Group did not
specifically address the financial implications of the illustrative plan.
Staff has not been able to find the specific action that was taken by the Council to
disband the Village Work Group; however, shortly after the City's adoption of the
Village Land Use Plan, the City Council voted to end its work. The annual work plan for
the Planning Department does include some specific elements that were included on the
scope of work to be covered by the Village Work Group (including considering a fon-n-
based code), and the Council may want to revisit this work plan in light of the decision
earlier this year to re -instate the Village Work Group.
RECOMMENDATION:
No action is being requested at this time.
ATTACHMENTS:
I. Village Work Group Discussion Topics
2. Gantt Chart of Future Work
-- page 4 --
Village Work Group Tentative Discussion Topic Schedule
Topic#1 Introduction
Topio#2 LandownerExpectetions-Parba|Stakoho|dorGnnup
Topic #3 Design Examples
Topic#4 Soo|e/N/a|kabU|ty
Topio#5 Character ofthe ViUmUe
Tupic#O Design Standards
Topio#7 Concepts for Mixed Use and Commercial Development
Topio#8 Public and Private Infrastructure
Topic#Q Streo/acapasand Roads
Topic #1O Parks and Trails
Topio#11 8uatainebHity
Topic #12 Zoning for Village
Topio#13 Preliminary Comprehensive Plan Update Draft
Topic #14 Refined Draft
Topic #15 Final Draft
„. pnel Cis!!
P1F-01
A5:55,1cppot,
1 C. impecit-rnpAcc
•••.••••
City ake Elmo Schedule or Sustainable Growth o he -94 Corridor and Old Village
PAC
3._
! P; troncuqarn
P. NJ
!II. DC!,:j!!„1 9.7:11(1:1„
P: PK
(-5„-Eased „!„.„ VVVG
!!„„cpplc„.11P-Jiic:„.;:c/P:u:CP:m1c1: P:
DPvc-ipprpPit
P. DI
OP.
tp; tv!,:p.c.:,4511-1pnt
Air CCA:„IrA115! !Jrc„.„017301!"„c„:1!
:5174AfALACA
; A, tcOrliArk npvc7Ippo,pnr.
AAthority
Ocsce!opt:„-
Ag: cc:pp:Pt-,
;.„
•
7 ; ;
. i
, . • •
n .
i
! „ !
; •
•
• . .
- • • . .
; •
- , ••
- ., - aaaa aa; a ..• - a - a a. a, ' -a-- a