10/18/2021 - City Council - Regular - AgendasCITY OF SPRING PARK
CITY COUNCIL AGENDA
OCTOBER 18, 2021 - 7:00 PM
SPRING PARK
SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADOPT MEETING AGENDA
4. ADOPT CONSENT AGENDA*
a. Approve Regular City Council Meeting Minutes from October 4, 2021
5. PUBLIC FORUM**
6. PRESENTATIONS & GUEST SPEAKERS
7. PUBLIC HEARINGS
8. PETITIONS, REQUESTS, & APPLICATIONS
9. ORDINANCES & RESOLUTIONS
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor & Council
b. City Staff
i. Water Tower Antenna Lease Amendment
ii. Beautification Contract Renewal
c. Contract Staff
11. NEW BUSINESS & COMMUNICATIONS
12. CLAIMS FOR PAYMENT
a. October 18, 2021 Claims
13. UPCOMING MEETINGS & TRAINING
a. November 1 - City Council Regular Meeting - 7:00 PM
b. November 10 - Planning Commission Meeting - 7:00 PM
c. November TBD - Sunset Drive Virtual Open House Meeting
d. November 15 - City Council Work Session Meeting - 6:00 PM
e. November 15 - City Council Regular Meeting - 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY)
15. ADLOURNMENT
* The Consent Agenda lists those items of business which are considered to be routine, recommended for approval, and/or which need no discussion.
The several separate items listed on the Consent Agenda are acted upon by one motion. There will be no separate discussion of these items unless a
Council Member makes a request, in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for
Council discussion and action.
** Under Public Forum individuals may address the City Council about any item not contained on the regular agenda. Each speaker should keep their
statements to three minutes to allow sufficient time for others. The Council will take no official action on items discussed at the forum, with the
exception of referral to staff for future report.
SPRING PARK
On Lake 94nKwnka
CITY OF SPRING PARK
CITY COUNCIL MINUTES
OCTOBER 4, 2021 — 7:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER
The meeting was called to order at 7:00 PM. The following Council Members were present: Jerome P.
Rockvam, Mark Chase, Pamela Horton, and Gary Hughes. Jeff Hoffman was absent. Mayor Rockvam
chaired the meeting.
Others present: City Engineer Nielson, City Administrator Tolsma
2. PLEDGE OF ALLEGIANCE
Mayor Rockvam led the audience in the Pledge of Allegiance.
3. ADOPT MEETING AGENDA
Council Member Hughes motioned, being seconded by Council Member Chase to approve the agenda as
presented. On vote being taken, the motion was unanimously approved.
4. ADOPT CONSENT AGENDA
Council Member Horton motioned, being seconded by Council Member Hughes to:
a. Approve City Council Work Session Minutes from September 201h 2021
b. Approve Regular City Council Meeting Minutes from September 20th, 2021
On vote being taken, the motion was unanimously approved.
5. PUBLIC FORUM - none
6. PRESENTATIONS & GUEST SPEAKERS - none
7. PUBLIC HEARINGS - none
8. PETITIONS, REQUESTS, & APPLICATIONS - none
9. ORDINANCES & RESOLUTIONS -
Council Proceedings
October 4, 2021
Page 2
City Administrator Tolsma proposed adding a permit and escrow fee for Excavation under Chapter 32:
Streets. Sidewalks, and Other Public Places and Chapter 36: Telecommunications to ensure the city has
knowledge of any excavations and to cover additional restoration costs. Under Chapter 42: Zoning/Plan-
ning, Tolsma recommended an increase in permit & escrow fees for Variance requests and Conditional
Use Permits as the 4-5-year historical analysis shows costs are exceeding the current fees and escrow
amounts. He also recommended adding a permit fee and escrow for Interim Use Permits and an inspec-
tion fee for Interim Use Permits, Short Term Rentals. Discussion was had. Upon completion of discus-
sion,
Council Member Horton motioned, being seconded by Council Member Hughes to adopt
a. Ordinance 21-01; Amending City Fee Schedule
On vote being taken, the motion was unanimously approved.
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor & Council - none
b. Contract Staff - City Engineer Neilson provided a cost update on the West Arm West
Road reconstruction project regarding the underground utilities. Excel Energy indicated they
could complete the project at an estimated amount of $200,000. Neilson suggested we add in an
additional amount for unknowns, engineering & design costs, and the cost for the streetlights.
Neilson will pull together the final estimated cost breakdown per resident and provide it to the
Council.
C. City Staff - none
11. NEW BUSINESS & COMMUNICATIONS - none
12. CLAIMS FOR PAYMENT
a. October 4, 2021 - Claims
Council Member Horton motioned, being seconded by Council Member Chase to approve the claims for
payments. On vote being taken, the motion was unanimously approved.
13. UPCOMING MEETINGS & TRAINING
a. October 13 - Planning Commission - 6:00 PM
b. October 13 - LMCD Regular Meeting - 7:00 PM
c. October 18 - City Council Work Session Meeting - 6:00 PM
d. October 18 - City Council Regular Meeting - 7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY)
Council Proceedings
October 4, 2021
Page 3
15. ADJOURNMENT
There being no further discussion, Hughes motioned, being seconded by Horton to adjourn the meeting at
7:38 p.m. On vote being taken, the motion was unanimously approved.
Jamie Hoffman, City Clerk
Dan Tolsma, City Administrator
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SITE ## : AlP027
SITE NAME: City of Spring Park
SITE AGREEMENT
�II, This Site Agreement ("Agreement") is made as of this / !-day of
J,,Y'Z""ei•✓ , 1996, by and between City of Spring Park, P.O. Box 452,
Spring Park, MN 55384 ("Owner") and APT Minneapolis, Inc., ("APT") a
Delaware corporation, 8410 West Bryn Mawr, Suite 1100, Chicago, IL 60631,
its successors and assigns, for the leasing of certain property interests
at 4349 Warren Avenue, Spring Park, MN pursuant to the following terms:
1. PROPERTY. The property interests hereby leased and granted by
Owner ("Property") shall include the following as described in Exhibit
A: space not to exceed two hundred (200) square feet in the base of the
water tower for placement of APT's facilities equipment and space within
the one hundred and three, (1031) to the one hundred and nine (109,) foot
level above grade, but at least three (3) feet below the paint ring on
Owners water tower for the placement of antennas including nine (9) panel
antennas, matching the tower in color, which will be mounted on the side
of the tower, three each at 00, 1200, and 2400 degrees. Owner shall also
provide required space for running coaxial cables, cluster mounted within
water tower, connecting antennas to facilities equipment located in or
upon the Owner's real property. All APT facilities located at ground
level shall be surrounded by a security fence and vegetative screening
of a nature, size, material and design approved by Owner.
2. TERM. The initial term of this Agreement shall begin on the
"Commencement Date" (as hereafter defined) and subject to the terms of
Paragraphs 11 and 12, shall end on December 31, 2002. The Commencement
Date shall be the date on which all conditions precedent detailed in
Exhibit "C" have been met or waived in writing by APT. In the event the
Commencement Date has not occurred by October 1, 1996, this Site
Agreement shall be null and void and neither party shall have any further
obligation to the other.
Following the Commencement Date, APT shall have the right to
construct and install the Communications Facility (defined herein) in
accordance with the plans attached as Exhibit A which are hereby approved
for construction by Owner. Owner acknowledges that certain non-
structural modifications to the Property not shown on Exhibit A may be
required to accommodate construction of the Communications Facility (such
as modification of the type of antennas), which modifications are to be
mutually agreed upon between APT and Owner. APT shall obtain the consent
of the Owner, which consent shall not be unreasonably withheld, for any
structural modifications required to accommodate the Communications
Facility shown in Exhibit A. APT shall obtain all necessary governmental
approvals and permits prior to commencing construction.
3. RENT. APT shall pay Owner rent annually in advance beginning
ten (10) days after the Commencement Date for the first year and
thereafter on the First (1st) day of January. The annual rent for the
period ending December 31, 1996 shall be Ten Thousand Dollars ($10,000)
("Initial Annual Rent"), together with any applicable sales tax. Any
initial partial year will be prorated. Annually thereafter, the annual
rent shall be the previous years annual rent, increased by the greater
of three percent (3%) of the previous years annual rent, or the change
increase in the Consumer Price Index, All Urban Wage Earners, for the
City of Minneapolis, Minnesota, published by the United States Department
of Labor, Bureau of Labor Statistics (1982-84 = 100), which is in effect
on the Commencement Date ("Beginning Index"). The Index published most
immediately preceding the Adjustment Date in question ("Extension Index")
is to be used in determining the amount of the adjustment. If the
Extension Index has increased over the Beginning Index, the minimum
monthly rent for the following extension term (until the next Adjustment
Date) shall be set by multiplying the base rent set forth in Paragraph
three (3) by a fraction, the numerator of which is the Extension Index
and the denominator of which is the Beginning Index. If the Index is
changed so that the base year differs from that in effect when the term
commences, the Index shall be converted in accordance with the conversion
factor published by the United States Department of Labor, Bureau of
Labor Statistics North Central Region Consumer Price Index (C.P.I.) of
the preceding calendar year. If the Index is discontinued or revised
during the term, such other government Index or computation with which
it is replaced shall be used in order to obtain substantially the same
result as would be obtained if the Index had not been discontinued or
revised.
4. OPTION TERMS. APT may extend the term of the Agreement for
three (3) additional six (6) year Option Periods (individually, an
"Option Period" and collectively, the "Option Periods"). APT shall have
elected to extend the term for each successive Option Period unless it
gives Owner written notice of its intention not to extend at least thirty
(30) days prior to the expiration of the then -current term.
5. USE. APT may use the Property for the sole purpose of
installing, removing, replacing, maintaining and operating a
communications facility generally in accordance with Exhibit "A" subject
to such modifications and alterations as may result from changes or
improvements in technology (collectively, the "Communications Facility").
Changes in power output, frequency, or antenna gain, as per Exhibit D,
will have to be approved by the Owner and APT prior to implementation.
The manner in which the Communications Facility may be attached to any
structure location shall be subject to the prior approval by Owner.
Owner shall provide APT with twenty-four (24) hour, seven (7) day a week
year round access to the Property. APT will pay all personal property
2
taxes assessed against the Communications Facility. Owner shall timely
pay all real property taxes and assessments against the Owner's Property
unless such taxes or assessments were payable on account of this Site
Agreement or APT's possession or use of the Property, in which event APT
shall timely pay the real property taxes and assessments. APT will not
allow any mechanics' or materialmen's liens to be placed on the Property
as a result of its work on the Property. Except in the case of
emergency, Owner will provide written notification to APT at least thirty
(30) business days in advance, for any maintenance, repairs, or any other
work on the tower. APT shall without cost to Owner maintain its
Communications Facility during any period in which the Owner deems it
necessary to perform any form of maintenance, or repairs on the
structure, which may include APT's removal of antenna panels. The
duration of said removal shall not exceed the time necessary for prompt
maintenance. In case of an emergency, written notification is not
required. However, APT will be notified by phone within four (4) hours
of a recognized emergency. Owner will not remove APT's equipment without
APT's prior written consent which shall not be unreasonably withheld.
APT, its agents and contractors, are hereby granted the right, at
its sole cost and expense, to enter upon the Owner's Property and conduct
such studies as APT deems necessary to determine the Property's
suitability for APT's intended use. These studies may include surveys,
soil tests, environmental evaluations, radio wave propagation
measurements, field strength tests and such other analyses and studies
as APT deems necessary or desirable. Owner shall cooperate with APT and
execute all documents required to permit APT's intended use of the
Property in compliance with zoning, land use, and building regulations.
6. UTILITIES. Payment for electric service for the
Communications Facility shall be APT's responsibility without any
adjustment to rent. Payment for telephone or other communication
services to the Communications Facility shall be APT's responsibility.
Owner agrees to cooperate with APT in its efforts to connect the
Communications Facility to existing utility service at APT's expense.
7. REMOVAL OF CO1►?MUNICATIONS FACILITY. All personal property and
trade fixtures of APT may be removed by APT upon the termination of this
Agreement and shall be removed if directed by Owner. APT shall be
responsible for restoring the surface, wherever attachments have been
made, to its original condition.
8. INSURANCE. APT shall maintain commercial general liability
insurance insuring APT against liability for personal injury, death or
damage to personal property arising out of use of the Property by APT,
with combined single limits of not less than One Million and No/100
3
Dollars ($1,000,000). APT shall also maintain fire and extended coverage
insurance insuring APT's personal property for its full insurable value
(subject to reasonable deductibles). Owner shall maintain commercial
general liability insurance insuring Owner against liability for personal
injury, death or damage to personal property arising out of its
ownership, use and management of the Owner's Property by Owner or its
agents, with combined single limits of not less than One Million and
no/100 Dollars ($1,000,000). Owner shall also maintain fire and extended
coverage insurance insuring Owner's Property for its full insurable value
(subject to reasonable deductibles). Notwithstanding anything in this
Agreement to the contrary, each party releases the other party from all
liability, whether for negligence or otherwise, in connection with a loss
covered by any policies which the releasing party carries with respect
to the Property or the Owner's Property, but only to the extent that such
loss is collected under such insurance policy(s). Any policy required
to be obtained pursuant to this Section 8 shall contain a Waiver of
Subrogation in favor of the other party hereto. Owner will be named as
an additional insured on APT's policy. Any insurance policy shall
provide 60 days notification to Owner prior to any cancellation of the
policy.
9. CONDITION OF PROPERTY. Owner, to the best of its knowledge,
represents that the Owner's property, and all improvements thereto, are
in compliance with all applicable codes, requirements, and laws of any
governmental authority.
10. TERMINATION by APT. APT may terminate this Site Agreement for
cause by the giving of thirty (30) days' written notice to the Owner if
any of the following events occur: (a) APT fails to obtain or loses any
necessary permits, approvals or orders and is thereby unable to use the
Property as a Communications Facility; (b) if APT determines at any time
that the Property is not appropriate for locating APT's communication
equipment for technological reasons, including, but not limited to,
signal interference; or (c) Owner fails to comply with any material term,
condition, or covenant of this Site Agreement and does not cure such
failure within thirty (30) days after APT's written notice thereof or in
the event of a cure which requires in excess of thirty (30) days to
complete, if Owner has not commenced such sure within thirty (30) days
of such notice and is not diligently pursuing said cure to completion.
This Agreement may be terminated by APT at any time in its sole
discretion by giving sixty (60) days written notice thereof to Owner,
which termination shall not constitute a waiver of APT's rights of the
Agreement. If APT terminates this Site Agreement because necessary
permits, approvals or orders are lost on account of APT's actions or
failure to act or as provided in clause (b) above, APT agrees to pay a
one-time fee of the then current Annual Rent as liquidated damages.
4
11. TERMINATION by OWNER. Owner may terminate this Site Agreement
upon the occurrence of any of the following: (a) failure by APT to pay
any rent required hereunder when due if such failure shall continue for
more than ten (10) calendar days after delivery to APT of notice of such
failure to make timely payment; (b) failure by APT to comply with any
material term, condition or covenant of this Site Agreement, other than
the payment of rent, if such failure is not cured within thirty (30) days
after written notice thereof to APT, or in the event of a cure which
requires in excess of thirty (30) days to complete, if APT has not
commenced such cure within thirty (30) days of such notice and is not
diligently pursuing said sure to completion; or (c) if APT becomes
insolvent, or makes a transfer in fraud of creditors, or makes an
assignment for the benefit of creditors, or files a petition under any
section or chapter of the Federal Bankruptcy Code, as amended, or under
any similar law or statute of the United States or any state thereof, or
is adjudged bankrupt or insolvent in proceedings filed against APT
thereunder, or if a receiver or trustee is appointed for all or
substantially all of the assets of APT due to APT's insolvency.
12. INDEMNITY. Owner and APT each indemnify the other against,
and hold the other harmless from any and all costs (including reasonable
attorney's fees and expenses) and claims, actions, damages, obligations,
liabilities and liens which arise out of (a) the breach of this Agreement
by the indemnifying party; and (b) the use and/or occupancy of the
Property, or the balance of the Owner's Property, by such indemnifying
party. This indemnity shall not apply to any claims, actions, damages,
obligations, liabilities and liens arising from any negligent or
intentional misconduct of the indemnified party and shall survive the
termination of this Agreement.
13. HAZARDOUS SUBSTANCES. Owner represents that, except for
substances and chemicals used or stored on or around the Owner's Property
in connection with its operation of the municipal water system, Owner has
no knowledge of any substance, chemical, or waste on the Owner's Property
that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Owner shall hold APT harmless
from and indemnify APT against any damage, loss, expense, response costs,
or liability, including consultant fees and attorneys' fees resulting
from the presence of hazardous substances on, under or around the Owner's
Property or resulting from hazardous substances being generated, stored,
disposed of, or transported to, on, under, or around the Owner's Property
as long as the hazardous substances were not generated, stored, disposed
of, or transported by APT or its employees, agents or contractors.
Furthermore, APT agrees it will not use, generate, store, or dispose of
any hazardous substances on, under, or about Owner's property in
violation of any law or regulation.
5
14. CASUALTY. If any portion of the Owner's Property or
Communications Facility is damaged by any casualty and such damage
adversely affects APT's use of the Property, this Agreement shall
terminate as of the date of the casualty if APT gives written notice of
the same within thirty (30) days after APT receives notice of such
casualty. In the case of casualty, and the Owner reconstructs the water
tower within a mutually agreed upon time frame, this agreement will be
temporarily suspended until completion of reconstruction and APT's
equipment is allowed to be operational on the property.
IS. CONDENMTION. If a condemning authority takes any portion of
the Owners Property and such taking adversely affects APT's use of the
Owner's Property, this Agreement shall terminate as of the date of the
taking, upon written notice from APT within thirty (30) days of the
action giving rise to the taking. Except to the extent it is entitled
to relocation, benefits from the condemning authority under state and
federal law, APT shall not be entitled to any condemnation award arising
out of the taking.
16. DAMAGE TO OWNERS PROPERTY. In the case of casualty causing an
interruption in APT's use of the Property, the Owner may elect to repair
or reconstruct damage to the Owners Property, as long as said repairs can
be accomplished in a mutually agreed upon time frame, said consent shall
not be unreasonably withheld by APT. This Agreement will be temporarily
suspended until the completion of reconstruction. If Owner elects not
to rebuild Owners Property, this agreement shall terminate immediately.
17. WAIVER OF LANDLORD'S LIEN. To the extent permitted by law,
Owner hereby waives any and all lien rights it has or may have, statutory
or otherwise, concerning the Communications Facility or any portion
thereof which shall be deemed personal property for the purposes of this
Agreement, regardless of whether or not the same is deemed real or
personal property under applicable law.
18. QUIET ENJOYMENT. APT, upon paying the rent, shall peaceably
and quietly have, hold and enjoy the Property. If, as of the date of
execution of this Agreement or hereafter, there is any mortgage, or other
encumbrance affecting Owner's Property, then Owner agrees to obtain from
the holder of such encumbrance an Agreement that APT shall not be
disturbed in its possession, use and enjoyment of the Property. Owner
shall not cause or permit any use of Owner's Property which interferes
with or impairs the integrity of the structure to which the
Communications Facility is attached. Except in cases of emergency, Owner
shall not have access to the Communications Facility unless accompanied
by APT personnel.
6
19. DEFAULT. Any breach of the material provisions of this site
agreement which is not cured within the cure period, if any, provided
herein shall give the non -defaulting party the right to terminate this
contract. Owner and APT shall each have such additional remedies for the
default of the other party hereto as may be provided at law or equity
following written notice of such default and failure to cure the same
within thirty (30) days or, as to non -monetary defaults which cannot be
cured within thirty (30) days, such longer period than as is reasonably
required to cure any such default, provided the defaulting party
immediately takes steps to cure the default and diligently proceeds to
fully cure the same.
20. INTERFERENCE. APT's Communications Facility shall be
installed and operated as per FCC regulations and in a manner which does
not cause interference to Owner's radio equipment. Should any such
interference occur, Owner and APT shall diligently pursue a cure to
remove or satisfactorily attenuate such interference. If such
interference to the Owner's radio equipment cannot be cured or
satisfactorily attenuated, APT agrees to immediately stop using its
equipment if so demanded in writing by Owner. Owner hereby covenants to
use its best efforts to afford APT similar protection from interference
which may be caused by the operations of subsequent additional users of
the Owner's Property.
21. MISCELLANEOUS
A. Owner represents and warrants that Owner has full authority to
enter into and sign this Agreement and has good and marketable
title to the Owner's Property.
B. This Agreement supersedes all prior discussions and
negotiations and contains all agreements and understandings
between the Owner and APT. This Agreement may only be amended
in writing signed by all parties. Exhibits "A" through "D"
are incorporated into this Agreement by reference.
C. This Agreement may be signed in counterparts by the parties
hereto.
D. The terms and conditions of this Agreement shall extend to and
bind the heirs, personal representatives, successors and
assigns of Owner and APT.
E. Except as provided below, all claims or disputes between Owner
and APT arising out of or related to this Site Agreement, or
the breach thereof, shall be decided by arbitration in
accordance with the rules of the American Arbitration
7
Association then in effect unless the parties mutually agree
otherwise. Notice of the demand for arbitration shall be
filed in writing with the other party to this Agreement and
with the American Arbitration Association and shall be made
within a reasonable time after the dispute has arisen. The
award rendered by the arbitrator or arbitrators shall be
final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. The
agreement among the parties hereto to arbitrate shall be
specifically enforceable under applicable law in any court
having jurisdiction thereof. Nothing herein shall limit the
right of the Owner to commence an action under Minnesota
Statutes, Chapter 566 or successor laws governing unlawful
detainers. The prevailing party in any action or proceeding to
enforce the terms of this Agreement shall be entitled to
receive its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the non -prevailing party.
F. Owner shall contemporaneously herewith execute and acknowledge
and deliver to APT for recording a Memorandum of this
Agreement ("Memorandum") in the form of Exhibit "B". The
Memorandum shall not be recorded prior to the Commencement
Date.
G. APT may assign this Agreement at any time without Owner's
consent provided that the same shall not release APT from any
of the obligations arising under this Agreement. APT shall
promptly provide Owner with written notice of any such
assignment, identifying the name and address of the assignee.
H. Notices shall be in writing and sent by United States Mail,
postage prepaid, certified or registered with return receipt
requested or by any nationally recognized overnight courier
service to the address set forth beneath the signature of each
party below. Any such notice shall be deemed given when
deposited in the United States Mail or delivered to such
courier service.
I. This Agreement shall be construed in accordance with the laws
of the state in which the Owner's Property is located.
J. Each party agrees to furnish to the other, within ten (10)
days after request, such truthful estoppel information as the
other may reasonably request.
K. APT represents that they have not been represented by a real
estate broker or other listing agent in this transaction for
8
purposes of commission, fee or other payment to such broker or
any other leasing agent claiming to have represented APT. If
Owner is represented by broker or listing agent, Owner is
responsible for all commission, fee or other payment to such
agent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day and year first above written.
Municipal, Corporation:
City o Spring PptYk,
By:
Je rct-noe P
m, Mayor
'Address of Corporation: P.O. Box 452, Spring Park, MN 55384
Phone: (612) 471-9055
Federal Tax ID No.:. -
ATTEST:
i [�� •cam
Patricia Higus,-Administrator-
Clerk-Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
,The foregoing instrument was acknowledged before me this 42-&c day
of ' 1996, by Jerome P. Rockvam, and Patricia Higus, the
Mayor' and Administrator -Clerk -Treasurer of the City of Spring Park, a
Minnesota municipal corporation, on behalf of the municipal
corporation.
)bitary Public
My commission expires:
�2
9
APT
APT MINNEAPOLIS, INC.
By:
Its:
Real Estate Department
American Portable Telecom
P.O. Box 31793
Chicago, IL 60631-1793
With copy to:
APT Minneapolis, Inc.
8009 34th Avenue, Suite 1344
Minneapolis, MN 55425
STATE OF II i n O
� ss.
COUNTY OF C601� )
The foregoing instrument was acknowledged before me this Soh da
t Y
of ( �r 1996, by �Ui L�. L-VUj
]LkLA A
Notary Pub1lic
My commission expires:
--Igt
[Seal]
SEAL" 41'
a
Judy ik. RcOuck
Notary Public. ';tit-: , f !linc�is K
4
;y (7.0rnji ..cinn -Ixpire< 1u14 13, 1998 A
Ns'
10
SITE ID #: AIP027
SITE NAME: City of Spring Park
EXHIBIT "A"
TO
SITE AGREEMENT
SKETCHAND DESCRIPTION OF PROPERTY:
See Attached
LEGAL DESCRIPTION OF OWNER'S PROPERTY:
A part of the Southwest 1/4 of the Southeast 1/4 of Section 18, Township 117 North,
Range 23 West, City of Spring Park, Hennepin County, Minnesota.
It is agreed by Owner and APT that the precise legal description for the Owner's Property will be corrected, if
necessary, and that the correct legal description may be placed on this Exhibit "A" by APT.
2/2 v96
11
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CLAIMS IN THE Cohoulm Or MO Cow-
RIRHCTom IN AN DeoAmum AHD rmi—
ALL Iw_
AND NOT
TO MEN
TAR ACC9m
oIFORNATIDw
AMERICAN PORTABLE
TELECOMMUNICATIONS
SPRING PARK WATER TOWER
COMPOUND AREA PLAN
tow oNTIX ORYTCR: A3
[III RR wTEA A R M TNgTI 1
ANY I E1u I Y.P. E
EXISTING WATER TANK
EXISTING WATER TANK
I
I 1
1 I
1 I
PROPOSED ANTENNA ARRAY I I PROPOSED ANTENNA ARRAY
I I
I
EXISTING WATER TANK STE I XISTING WATER TANK STEM
I : I
I
I I
I a o m ro
PROPOSED COAXIAL CABLE I I
TO BE LOCATED WITHIN I I PROPOSED COAXIAL CABLE
TANK STEM I _ TO BE LOCATED WITHIN
i 1 TANK STEM
I h I r
ESS DPAIYNgl ARE MOI1[TA.Y IM NATUK
_ I "NO YE— ME AO�L.rY Or TL, M" AYL
O ODUCED SOl1LY r0. TE USE Or 011.
EXISTING WATER TANK BAS I o i uEM AND WY NOT K KP.OPJCLD IN ANY
LOANED OUT.rtTNOTIt 100. wlrw.
XISTING WATER TANK BASE .1/S90N rSOI, TLA_EA MAYIN A.E PUKMEO AS ANCL r0. ME -41OSE3 Or ASSWSIVNi OIM
LTITS IN TE ELAVELTTON Or MSY I—
IkO TON IN AN ORGANIZED AND MELY
EXISTING ENTRANCE DOOR I uw. THE aTE uYO{m (East" ATc
PNOPOSED rTATURt S) AND CQTAIN KISKNC[D
DETAILS OEIICTEO ON THESE D.AN.KS IIAVL KEN
I CNIAd EKO .Y PRortaloNAL CONSULTANTS AND
PROPOSED UNDERGR UND
OMEN VENDORS %W AITE SOLELY K$PONSI.IE
COAXIAL CABLE 0 I 0 YTY[D ENalu.Nlu ME counwi WAAMMWMUESE w 33 SIGNED AND
I a o I PROPOSED UNDERGROUND
1 = a I COAXIAL CABLE cowTAAcY �yDV �TWN
I DNIECTLY on 0K SAO VENOM AND NOT TEA
PROPOSED PCS EQUIP. I I No. m cuENn rrrN am.G To MCA
I I PROPOSED PCS EQUIP. � ICTm UNDERQ� Kerry Nn
I FOS THE INEO.KATON E MM O.TAOILD.
1
N
N
AMSL=956 I W W
AMSL=95E
AMERICAN PORTABLE
TELECOMMUNICATIONS
NORTH ELEVATION SOUTH ELEVATION
SPRING PARK WATER TOWER
ElEV1ilON
TEA
A NORTH & SOUTH ELEVATION COORDINATES or: Y EN: L r.P. L
,. GROUP INCORPORATED Al' S6 9.5• N
} SEE TECHNICAL DOCUMENTS FOR SCOPE OF WORK 93' 38' I W
TOAD ESOILN POMTE PARKWAY�Wff ,00 AMSL = 958 FT.
MT W. G-9,. 30338
(Tal MI -HOD TY: (/XI) 411-2150
It is agreed by Owner and APT that the precise legal description for
the Owner's Property will be corrected, if necessary, and that the
correct legal description may be placed on this Exhibit "A" by APT.
12
SITE ID #: AlP027
SITE NAME: City of Spring Park
EXHIBIT "B"
TO
SITE AGREEMENT
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that a Site Agreement was made and is
hereby entered into by written Site Agreement effective the '`day of
;_.� 1996, between City of Spring Park ("Owner") whose address
is 's set forth below and APT Minneapolis, Inc., a Delaware corporation
("APT"), whose address is 8410 West Bryn Mawr. Suite 1100 Chicago IL
60631, the terms and conditions of which are incorporated herein by
reference.
Such Site Agreement provides, in part, that Owner, for valuable
consideration, leases to APT a part of that certain property owned by
Owner which is described in Exhibit "A" attached hereto and incorporated
herein for a term of Five (5) years commencing on ✓. L 199LL.
which term is subject to Three (3) additional Six (6) year option terms.
13
SITE ID #: AlP027
SITE NAME: City of Spring Park
EXHIBIT "C"
TO
SITE AGREEMENT
Conditions Precedent
1. All permits from all local or federal land use jurisdictions for the
intended use have been secured.
2. All local airspace authorities and FAA determination of no hazard
to airspace.
3. FCC authorization to utilize this location for the intended use has
been secured.
4. APT's technical reports must establish to its exclusive satisfaction
that the property is capable of being suitably engineered to
accomplish APT's intended use of the Property.
c:lmuncpal
siteagt.spk
14
This document drafted by:
Maureen Mannion
TEA Group Incorporated
1701 E. 97'h Street, Suite 19
Bloomington, MN 55425
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that a Site Agreement was made and is hereby
entered into by written Site Agreement effective the i:), day of - , 199_L, between
City of Spring Park ("Owner") whose address is as set forth below an'd APT Minneapolis, Inc.,
a Delaware corporation ("APT"), whose address is 8410 West Bryn Mawr, Suite 1100,
Chicago, IL 60631, the terms and conditions of which are incorporated herein by reference.
Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to
APT a part of that certain property owned by Owner which is described in Exhibit "A" attached
hereto and incorporated herein for a term of Five (5) years commencing on
199 � , which term is subject to Three (3) additional Six (6) year option terms.
When recorded please return to: American Portable Telecom
1701 East 79th Street, Suite 19
Bloomington, MN 55425
APT
APT Minneapolis, INC.
BY'\
Its:
Real Estate Department
American Portable Telecom
P.O. Box 31793
Chicago, IL 60631-1793
With copy to:
APT Minneapolis, Inc.
1701 East 79t' Street, Suite 19
Bloomington, MN 55425
STATE OF Tit i r't015 )
ss.
COUNTY OF L 00 �L )
Th foinregoinstrument was acknowledged before me this S-�' day of S e hrtP mbe4 -
1996, by I k , L-c)w r�
My commission expires:
(?I`qj�
[ Seal ]
Notary Public
q "OFEICML SEAL"
P Judy A. Rebuck
y Notary Public, State of Illinois
2 My Cornmimon Expires July a.;l, 199R
Municipal Corporation:
City of77��g
' Park >
By:
JerorrreP. Rockvamyi—ayor
Address of Corporation: P.O. Box 452, Spring Park, MN 55384
Phone: (612)471-9055
Federal Tax ID No.: �/f �-, e, 0 S .5
ATTEST:
Patricia Higus, Adr=strator-
Clerk-Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of f
1996, by Jerome P. Rockvam, and Patricia Higus, the Mayor and Administrator-C erk reasurer of the
City of Spring Park, a Minnesota municipal corporation, on behalf of the municipal corporation.
My Commission expires: a` �)
/
GOUNTY
a'5v Ui":.11. E�lj,es Jan. 31, 2m a
tary Public
Site: AlP0028A
Site Name: Spring Park WT- P027 Relo
Market MN
FIRST AMENDMENT TO SITE AGREEMENT
THIS FIRST AMENDMENT TO SITE AGREEMENT ("Amendment") is made and entered into
by and between City of Spring Park, a Minnesota municipal corporation ("Owner"), and T-Mobile
Central LLC, a Delaware limited liability company, as successor in interest to APT Minneapolis, Inc. ("T-
Mobile").
Recitals
The parties hereto recite, declare and agree as follows:
A. Owner and T-Mobile (or as applicable, their respective predecessors in interest) entered into a
Site Agreement dated September 12, 1996, with respect to Leased Premises located at 4349 Warren
Avenue, Spring Park, MN 55384.
B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend
certain provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Landlord and Tenant covenant and agree as follows:
1. Modification of Term. All references to the Term of Agreement shall be amended to
provide that the Agreement has a New Initial Term of Five (5) years ("New Initial Term"), commencing
on January 1, 2021 and the Term will be automatically renewed for up to Three (3) additional Five (5)
year terms (each a "Renewal Term") without further action by TENANT.
2. The terms and conditions of the Lease are incorporated herein by this reference, and
capitalized terms used in this Amendment shall have the same meanings such terms are given in the
Lease. Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the
remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and
effect. To the extent there is any conflict between the terms and conditions of the Lease and this
Amendment, the terms and conditions of this Amendment will govern and control.
3. Landlord represents and warrants to Tenant that the consent or approval of no third party,
including, without limitation, a lender, is required with respect to the execution of this Amendment, or if
any such third party consent or approval is required, Landlord has obtained any and all such consents or
approvals.
IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date of
execution by the last party to sign.
City of Spring Park, a Minnesota T-Mobile Central LLC, a Delaware Limited
Municipal Corporation Liability Company
By: By:
Name: Name: Hossein Sepehr
Title: Title: Sr. Director, Network Eng. and Ops.
Date: Date:
lOb�,
CONTRACT TO PROVIDE MAINTENANCE
FOR THE ONGOING BEAUTIFICATION OF THE CITY OF SPRING PARK
An agreement whereby Norling's Lake Minnetonka Landscapes, Inc. (Norling's) agrees to furnish and
provide all necessary labor and equipment to perform maintenance and beautification services for the
areas listed in Appendix A for the City of Spring Park (City).
The initial term of this agreement is for one (1) year commencing on January 1, 2021 and expiring on
December 31, 2021. This Contract will automatically renew at the end of the initial term and at the end
of any renewal term for a period of one (1) year, unless Norling's or Spring Park provide written notice
of termination to the other, no later than four (4) months prior to the expiration date of the original term
or any renewal term. The initial annual cost will be $33,333.17. The annual increase of this proposed
contract is 1.5%. This increase is to start annually on January I" of each new term, beginning with
January 1, 2022.
Automotive, workers' compensation and liability insurance will be furnished to the City in the amount
of $1,000,000.00 for injuries, including accidental death to any one person and in an amount of not less
than $1,000,000.00 for any one accident and property damage in an amount not less than $1,000,000.00
saving harmless the City, its officers, employees and authorized agents any costs, disbursements or
expenses of defining the same, arising out of or by reason of improper performance or compliance with
applicable City ordinances. It is further agreed that the contractor shall indemnify and hold harmless the
City, its officers and employees.
Norling's shall supply proof of State registration as a provider of landscaping services:
License #20046219 MN Dept of Agriculture.
Norling's shall supply list of staff licensed to apply fertilizer and insecticides:
Primary: Jeremy Fehr
License #20129366
Secondary: Chris Stuhr
License #20107851
Agreed this day of , 2021 by the Spring Park City Council.
Jerome (Jerry) Rockvam
Mayor, City of Spring Park
Jeremy Fehr
Maintenance Manager, Norling's Lake Minnetonka Landscaping
APPENDIX A
Areas to be serviced to include, but not limited to, the following:
• Shoreline Drive
• Welcome signs on Shoreline Drive, Sunset Drive, City Hall, and Thor Thompson Park
• City Hall, Water Plant and Parking area
• Fletcher Apartments Lift Station
• Thor Thompson Lift Station
• Mist Lift Station
• Seton Lift Station
• Dickson Lift Station
• Planter planting (Spring, Summer, Fall) - Color and theme to be determined each Spring
• Planter maintenance and irrigation (in a normal year)
• Tree maintenance and irrigation
Maintenance is to include, but not limited to, the following:
• Monitor/diagnose/treat pests and diseases (trees, planters and flower beds)
• Spring, Summer and Fall general landscape maintenance
• Weeding/edging/cleaning
• Aerating/replenishing mulch in flower beds and tree rings
• Apply fertilizer/weed control/insecticide
• Repair damaged areas of landscape beds
• Sidewalk weed control — Spring, Summer and Fall
• Irrigation of planters
All landscape maintenance work to be coordinated with City staff.
City of Spring Park
10/15/21 Staff Payroll
EFT Payments
1)6
Check # Employee/Council Name Check Amount Check Date
2823
Famiok, Sharon L.
Hoffman, Jamie K.
Nelson, Jennifer J.
Tolsma, Daniel J.
Sub Total
Chase, Mark
Hoffman, Jeff
Horton, Pam
Hu hes, ary
Rockvam, Jerry
Sub Total
Electronic Misc. Disbursements
$1,432.72
10/15/2021
10/15/2021
10/15/2021
10/15/2021
_
5824
$2,058.18
5825
$1,139.02
5826
$3,071.67
$7,701.59
$0.00
EFT#30731 PERA Employer Payroll Payment for 10/15/21
$1,465.49
10/18/2021
EFT#30730
FICA Employee/Employer Payroll Withholding Taxes for 10/15/21
$2,450.75
10/18/2021
EFT#30732
Sept.21' Sales Tax Payment from 3rd gtr.2021 Utility Billing
$40.00
10/15/2021
Sub Total $3,916.24
Claims: Ck#
TOTALS $11,617.83