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Home My WebLink About#21 - Temporary Cell Tower STAFF REPORT DATE: 11/19/2024 Regular Agenda TO: City Council FROM: Jason Stopa, Community Development Director AGENDA ITEM: Approve the Lease of a Temporary Cell Tower at 3300 Langly Ct N with New Cingular Wireless PCS, LLC REVIEWED BY: Marty Powers, Public Works Director Nicole Miller, City Administrator Sarah Sonsalla, City Attorney BACKGROUND: New Cingular Wireless PCS, LLC and its affiliates lease space on the existing City-owned water tower at 3300 Langly Ct N. Their lease is set to expire this year, and the City plans to demolish the water tower in 2025. The licensee would like to extend the lease and construct a temporary tower at the site. A plan with details is included in this report. ANALYSIS: The current water tower has AT&T equipment that is essential for area coverage. According to the licensee, it’s AT&T’s main macro hub site for Lake Elmo, so it serves all the residents and business in downtown area, and Washington County Emergency Management has their First Net System antenna on the tower. The licensee is seeking a 9-month lease for a temporary tower (90’ pole) and would like to explore constructing a permanent monopole on the site when the water tower is removed. The request is subject to the administrative review since it is both a ground-mounted antenna not exceeding the maximum height allowed for structures in the underlying zoning district and an antenna co-located on an existing wireless communications facility structure. ISSUE BEFORE COUNCIL: Should the city approve the lease for a temporary cell tower with New Cingular Wireless PCS, LLC? FISCAL IMPACT: The City will receive a $16,848 one-time payment for 9 months. OPTIONS: • Approve the License agreement • Deny the License agreement • Amend the License agreement • Table for further information RECOMMENDATION: “Motion to approve the Lease of a Temporary Cell Tower at 3300 Langly Ct N with New Cingular Wireless PCS, LLC” ATTACHMENTS: • License Agreement and Site drawing Site Name: Lake Elmo Temp LICENSE w1-Time Fee– 5-5-10 1 TEMPORARY SITE LICENSE LICENSOR: City of Lake Elmo LICENSEE: New Cingular Wireless PCS, LLC and its affiliates TERM: January 1, 2025 through October 1, 2025 LICENSE FEE: A one-time payment of ___________ Dollars ($___________) COMMENCEMENT DATE: January 1, 2025 LICENSED SITE: 3300 Langley Court, Lake Elmo MN 1. License of Site. During the Term hereof, Licensor hereby licenses a certain portion of Licensor’s property (the “Property”) at the Licensed Site and grants to Licensee the right to install, operate and maintain at Licensee’s expense and risk, temporary communications transmitting and receiving equipment, including (without limitation) antennas, a support poles, masts, transmission line(s), and accessories (collectively, the “Equipment”) at the Licensed Site. The Licensed Site and permitted Equipment are depicted in the attached schematic. Licensee shall at all times have the unrestricted right to enter or leave the Licensed Site with full and complete access to its Equipment on a 24- hour, seven (7) day per week basis. At its discretion, With Licensor’s consent, Licensee may take, at its expense, measures and precautions necessary to protect the Equipment. 2. License Fee. Within thirty (30) days after the Commencement Date of this License, Licensee shall pay Licensor the one-time License Fee of _________ Dollars ($_________). Should License Fee not be paid, this License becomes null and void. 3. No Extensions. The Term of this License shall not be extended, except by an amendment in writing signed by both parties. If Licensee remains in possession of the Licensed Site after the expiration of this License, then Licensee will be deemed to be occupying the Licensed Premises on a day-to-day basis at an equivalent daily prorated rate. 4. Removal of Equipment and Site Condition. Except as set forth herein, Licensee takes the Licensed Site as it finds it and Licensor shall have no responsibility for its condition or any damage suffered by Licensee or any other person due to such condition. Unless otherwise mutually agreed in writing by the parties, Licensee shall remove all of the Equipment prior to the end of the Term, and any extensions thereof, and shall leave the Licensed Site in substantially the same condition that existed as of the date of this License, ordinary wear and tear and occurrences for which Licensee is not responsible hereunder, excepted. 5. Indemnification; No Consequential or Indirect Damages. Licensee shall indemnify and hold Licensor harmless against any liability or loss from personal injury or property damage resulting from or arising out of the use or occupancy of the Property by Licensee or its employees or agents, provided, however, Licensee shall have no obligation to indemnify or hold harmless against any such liabilities and losses as may be due to or caused by the acts or omissions of Licensor or its employees or agents. Licensor shall indemnify and hold Licensee harmless against any liability or loss from personal injury or property damage resulting from or arising out of (1) the use or Site Name: Lake Elmo Temp LICENSE w1-Time Fee– 5-5-10 2 occupancy of the Property by Licensor or its employees or agents or (2) contamination of the Property subsurface or structures with hazardous substances; provided, however, Licensor shall have no obligation to indemnify or hold harmless against any such liabilities and losses as may be due to or caused by the acts or omissions of Licensee or its employees or agents. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Licensor and Licensee each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. 6. Operation of Equipment. Licensee will install, operate and maintain its Equipment in accordance with applicable laws and regulations so as not to cause interference (as that term is defined in the rules and regulations of the Federal Communications Commission), with any radio or television transmitting or receiving equipment whether or not such equipment is located on the Licensed Site. In the event that Licensee’s Equipment causes interference with other radio or television transmissions, Licensee will promptly take all reasonable steps necessary to correct and eliminate the same. If Licensee is unable to eliminate the interference within a reasonable period of time, Licensee agrees to remove the Equipment from the Licensed Site and this License shall be terminated. 7. Assignment. Licensee may shall have the right to assign this License to any present or future affiliate of Licensee, without securing the consent of Licensor. and may grant to any such assignee the same rights and privileges Licensee enjoys under this License. 8. Electrical Service/Telephone/Fiber Service. Licensee agrees, at Licensee’s sole cost and expense, to pay for the electric service and fees needed for the operation of Licensee’s equipment. Licensor agrees to grant the electric utility company any necessary permission, including temporary easement, for the electric line and meter/sub-meter installation, should the electric utility company require written permission or temporary easement. 9. Damage to Licensed Site. If the Licensed Site or any portion thereof is damaged by Licensee, Licensee shall promptly return the Site to its original condition, and Licensee shall be responsible and liable for any and all costs of such restoration. Should Licensee fail to promptly restore, Licensor shall be authorized to do the same and charge all associated costs to Licensee which shall be paid within ten (10) days of Licensee’s receipt of an invoice therefor. If the Licensed Site or any portion thereof is damaged by any other cause or for any reason so as to render the Licensed Site unusable for Licensee’s intended purpose, the License Fee shall abate for such period as the Licensed Site is unusable. In addition, Licensee may, at its option, elect to terminate this Agreement. 10. Notices. Any notice or demand required or permitted to be given or made hereunder shall be deemed given when received. Notices may be sent by messenger delivery, overnight delivery, or by certified mail in a sealed envelope, postage prepaid, addressed in the case of Licensor to: City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 and addressed in the case of Licensee, to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site Name: Lake Elmo Temp LICENSE w1-Time Fee– 5-5-10 3 Re: Cell Site Name: Lake Elmo Temp 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 With a copy to Licensee’s Regional Counsel: New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Cell Site Name: Lake Elmo Temp 208 S. Akard Street Dallas, TX 75202-4206 11. Waiver. Failure or delay on the part of Licensor or Licensee to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 12. Prior Negotiations. This License constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and shall supersede all prior offers, negotiations and agreements. 13. Amendment. No revision of this contract shall be valid unless made in writing and signed by duly authorized officers or representatives of Licensee and Licensor. 14. Licensor’s Representations. Licensor represents and warrants that it owns or otherwise controls the Licensed Site during the Term of this License and that Licensor has full authority to execute and deliver this License. 15. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State in which the Licensed Site is located. Site Name: Lake Elmo Temp LICENSE w1-Time Fee– 5-5-10 4 IN WITNESS WHEREOF, the parties have executed this License as of the ___ day of _____________, 2024. LICENSOR: City of Lake Elmo By:_________________________ Name:_______________________ Title:________________________ LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its Manager By:___________________________ Name:_________________________ Title:_________________________ 4 Licensed Site and Equipment = 90’ ATT Temp Wood Pole . Located approx. 40’ SW of Watertank, 35’ E of West Property Line and 100’ N of the South property line Exis�ng ATT shelter and u�li�es to remain as-is. Cables bored underground (dashed line), around the West side of Watertank, from exis�ng ATT shelter to Tem p Wood Pole Eleva�on view below of Tem p Wood Pole (shelter will not be next to pole on this site, shelter will stay as- is on North side of Watertank)