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Water Tower - Correspondence - 4349 Warren Avenue - 10/11/2023 �•jr" GENERAL LAND USE APPLICATION Application No: Date Filed: tLfi�4 - - Date Complete: SpRgH(o FAn Received By: Oil LAe jW##&'k#,4t4 Base Fee: Escrow: Instructions: Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the Zoning Administrator,and prior to acceptance of required processing fees and escrows. PROPERTY INFORMATION Property Identification Number(PID): Street Address: y3 y r 9/41-14 i:�,02 Iq.VC 5�f l»c �a_�. �AI .-f5"31rl., Legal Description: Other information: ��'r,� APPLICANT INFORMATION Name: -A c jLiq Business Name: SCi Address: 5yr7 Kl City: State: Z L Zip Code G!? Telephone $c-j Fax e-mail rlq Kx ,d.*,,6) S<<c PROPERTY OWNER INFORMATION (if other than applicant) Name: ( o� Slrjf;, �� Business Name: Address: N 3 1/1 s7 ems City i >7,'rilr. State: �,;fj Zip Code Telephone 91A- y7/- ;7sj Fax _ e-mail REQUEST Comprehensive Plan Amendment Site and Building Plan Review Ordinance Amendment(text or map) Subdivision Sketch Review Conditional Use Permit PUD(concept plan/development) Interim Use Permit Preliminary Plat Administrative Permit Final Plat Variance Minor Subdivision Appeal Other: DESCRIPTION of REQUEST(attach additional sheets as necessary Existing Use of Property', � Nature of Proposed Use: /v aZ f -;l - - - '� DESCRIPTION of REQUEST(attach additional sheets as necessary) #67 %'/aZ� Gj��I'J;.tW Reason(s)to Approve Request: 4 cupoj'e Please describe any previous applications pertaining to the subject site: Project Name: f,��YG,'�r2. ;+,/ Date of Application: IZ/I�t1l�- Nature of Request: APPLICATION FEES AND EXPENSES The undersigned has paid the application fees and posted the required escrows. The undersigned agrees that if expenses incurred by the City of Spring Park for processing this application, including legal, planning, engineering and/or administrative services exceed the posted fees and escrows, it is the responsibility of the applicant and property owner to be paid within 30 days of receiving a bill or the City may approve a special assessment for which the property owner specifically agrees to be assessed for 100 percent per annum and waives any and all appeals under Minnesota Statutes 429.81. All fees and expenses are due whether the application is approved or denied. Escrow funds received in excess of review expenses shall be returned to the applicant/landowner. I,the undersigned, hereby apply for the considerations described above and declare that the information and materials submitted in support of this application are in compliance with adopted City policy and ordinance requirements and are complete to the best of my knowledge. I understand that this application will be processed in accordance with established City review procedures and Minnesota Statutes Section 15.99,as amended, supplemented or replaced from time to time,at such time as it is determined to be complete. Pursuant to Minnesota Statutes Section 15.99, as amended, supplemented or replaced from time to time, the City will notify the applicant within (15) business days from the filing date of any incomplete or other information necessary to complete the application. Failure on my part to supply all necessary information as requested by the City may be cause for denying this application. A complete application shall include a completed and signed application form, payment of all required fees a r escr s, and a complete plan submission for the specific application. Applicant: Date: �2 y Property Owner: Date: WESTCHESTER SERVICES LLC Date: November 30,2017 ARCHITECTURE&ENGINEERING DIVISION 604 FOX GLEN.BARRINGTON,IL 60010 847/277-0070.FAX:847/277-DO80 David Schmeier AE@westchesterservices.com/www.westchesterservices.com SAC Wireless 540 W Madison St. 171h Floor Chicago, IL 60661 Subject: Structural Analysis Report Sprint Co-Locate Site Number: MS03XC190 Site Name: Spring Park Water Tower Engineering Firm Designation: Westchester Services,LLC Site Data: 4349 Warren Ave.,Spring Park,MN 55384 Hennepin County—150ft Pedisphere David Schmeier, Westchester Services, LLC is pleased to submit this"Structural Analysis Report"to determine the structural integrity of the above mentioned water tower. The purpose of the analysis is to determine acceptability of the water tower stress level. Based on our analysis we have determined the water tower stress levels to be: Existing and Proposed Equipment Sufficient Capacity Note:See Table 2-1 for the existing and proposed loading. The analysis has been performed in accordance with the TIA-222-G standard and local code requirements based upon a wind speed of 115 mph ultimate gust,exposure category C with topographic category 1 and crest height of 0 feet. We at Westchester Services, LLC appreciate the opportunity of providing our continuing professional services to you. If you have any questions or need further assistance on this or any other projects please give us a call. I certify that this report was prepared by me or under my direct supervision and that I am a licensed Structural Engineer under the laws of the State of Minnesota. Philip Koziol,PE Professional Engineer \0\tl t l i 1111,f •...• LICENSED PRC-E-�^`.,1%. Nam•• 5Z6.-9 Page 2 TABLE OF CONTENTS 1) INTRODUCTION 2) ANALYSIS CRITERIA Table 2-1 —Existing Antenna Information Table 2-2—Proposed Antenna Information 3) ANALYSIS PROCEDURE Table 3-1 —Documents Provided 4) ANALYSIS RESULTS Table 4-1 —Critical Section Capacity (Summary) 4.1 Recommendations 5)ASSUMPTIONS 6) APPENDIX A Calculations Page 3 1) INTRODUCTION This is a 150ft tall pedisphere water tank located in Hennepin County, MN. The proposed antennas will be mounted on existing single antenna mounts on the tower shaft. 2) ANALYSIS CRITERIA The structural analysis was performed for this tower in accordance with the requirements of TIA- 222-G Structural Standards for Antenna Supporting Structures and Antennas using a ultimate gust wind speed of 115 mph(converted to 89 mph 3-second gust)with no ice, 50 mph with 0.75 inch ice thickness and 60_mph under service loads, exposure category C with topographic category 1 and crest height of 0 feet. Table 2-1 —Existing Antenna and Cable Information Center Line Appurtenance(s) Feed Line(s) Note Elevation ft 98 (6)Existing antennas (3)P90-15-XLPP-RR (3) 1-1/4"Hybrid 90 (3)RRH-C2A 3 RRH-P4 Table 2-2 —Proposed Antenna and Cable Information Center Line Appurtenance(s) Feed Line(s) Note Elevation ft 90 (3)AW3266 (3)RRH-B8 Page 4 3) ANALYSIS PROCEDURE Table 3-1 —Documents Provided Document Remarks Reference Date Source Original Tank Caldwell N/A 12/31/12 SAC Drawings Tanks, Inc 4) ANALYSIS RESULTS Table 4-1 —Critical Section Capacity (Summary) Member Type Elevation ft % Increase Pass/Fail Increase in N/A 6.38 Pass overturning Overall 6.38 Pass *A less than 10% increase in overturning moment may be considered acceptable by engineering judgment. 4.1) Recommendations The water tower structure has sufficient capacity to carry the existing and proposed loads. Page 5 5) ASSUMPTIONS • The analysis performed is to the theoretical capacity of the members and connections. No accommodations are taken for any damaged,rusted,deteriorated, or otherwise compromised member conditions. To this,the tower or structure is assumed to be properly maintained and monitored and this analysis cannot be considered to be a condition assessment of the structure. • The analysis is performed to the minimum design wind, ice, and other environmental loading prescribed by the governing building codes and standards. Any higher loading conditions required by the local jurisdiction or structure owner should be made known to Westchester immediately for analysis. No lesser conditions will be accommodated. • Member sizes are assumed to be of standard AISC or manufacturer designations unless explicitly specified otherwise. The geometry of the tower or structure is assumed as schematic. Steel grade and concrete strength are assumed to be conservative standard and fully developed unless otherwise specified. • The information provided to Westchester for analysis is assumed accurate and up to date as supplied. No independent efforts were taken by Westchester to verify the validity of the information supplied. If any additional information is presented at any time that contradicts what is referenced in the analysis,the analysis is invalid and must be performed again with the new information. • Any reinforcement or modifications are assumed to be fully installed and functional. • All welds are assumed to have been performed to current welding standards and are assumed to develop their full capacity and to be in good condition. In addition, all bolts and bolt-like anchors are assumed to be fully tightened, fastened,or bonded to the manufacturers'specifications and are assumed to have full capacity. • Numerous connection details of large-scale structures are unobtainable and are omitted from the structural analysis. This includes,but is not limited to: bolts,welds,flanges,and plates. These connections are considered adequate and are therefore neglected from the analysis. In addition,in the absence of building plans,many wall, floor, and ceiling constructions can only be determined from observable field data and are supplemented by best judgment and experience. • Antennas,dishes,feedlines,and any other such appurtenances are assumed adequate through manufacturer testing. No analysis is provided for the structural strength or stability of these items unless otherwise specified. • Equipment mounting systems are assumed structurally sound unless specifically called for in the analysis. • Soil conditions and foundations are not considered unless specified in the analysis and have no deterioration or defects. For sites located on a building,only local effects of the equipment is considered unless otherwise specified. The overall structure of the building and its foundation are assumed to be unaffected by the telecom equipment. • Any changes or differences to the site or site plans at any time prior to installation must be brought to the attention of Westchester immediately. Page 6 APPENDIX A CALCULATIONS Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By: TH Barrington, IL 60010 Client: SAC-Sprint Page 1 of 8 PH: 847.277.0070 AE@westchesterservices.com References. 1) 2015 International Building Code 2)ANSI TIA-222-G, Structural Standard forAntenna Supporting Structures and Antennas 3)A/SC 360-10 Specification for Structural Steel Buildings 4) Previous structural analysis by Black & Veatch, dated 12121112 Input Wind Factors (as per TIA-222-G) V:= 89 mph Vult perRef. (1) converted to Vnom for Ref. (2) 50 mph Basic wind speed with ice 75 in Design ice thickness - Ref. (2), Section 2.6.7 Importance Factor _ Wind Direction Probability Factor, Ref. (2), Table 2-2 _ Exposure category. See Ref. (2), Table 2-4 _ Topographic Category. See Ref. (2), Table 2-5 H:= 0•1 Crest Height Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By: TH Barrington, IL 60010 Client: SAC-Sprint Page 2 of 8 PH: 847.277.0070 AE@westchesterservices.com Tank Geometry Tank k:= 150•ft The elevation of the top of the tank Ptank 3311 The diameter of the tank Shaft shaft:= 95ft The elevation of the top of the shaft The diameter of the shaft -� Thickness of shaft Bell The elevation of the top of the bell Bolt circle at bottom -sioloas aajgl aql Jo oMl uodn loe ueo pu/M agl aiayM l/nsai a Bu/plaliA `arnloruls Bg1p16/gs agl lnoge peoeds uana sl dnor8 euualue goes `s/sAleue agl Jo sasodind agl.ro3 .b'6'9'Z uolloaS `(Z) •Jail ul pa/lelap sl Bglp/algs 'seuualue palou eql joJ pajaplsuoo sl Bgiplalgs/ellled :aloN. l 0 l l 0 [ [ 0 I MIMS 53P. zV 3dVHS l 0 I f 0 I l 0 I -.Ai 0317ddV 39 77/M ON/M ON-Bq/pla/gs lln3 = Z (llnsaj an/lenrasuoo lsow sp/aPf I/e JOJ 0 ainloruls of anp-*Bq/pla/gs le ped = d `uMou)/un aje sglnw/ze aaagM seseo q/) punoa = 0 peOl pglM 11n3-Bu/plalgs ON = 0 a npruls lnoge paleloi dnoiB lel3 = d ioloeJ Bglpla/gs euualue aplue aoJ luawlsnfpe glnwlzy euualue Jo adegs OS 86 9 t'SS 06 L'9 .T91 9'69 —.Iuvlyi?lom 11. 06 _:JUBZ i 8 =:lUeul SS 06 8 SE 06 E b 179 06 E'9 seuualue seuualue Jo lg8/aM Jo uollen013 seuualue Jo gldaQ ZI ZL 9 „euualue 2ullslxg„ 8,91 L'EZ E VZD-HH'd S[ui• =:lUeglpin� ui• E'IZ =:lUelqB1a4 £ =:lUeu 8H-Hdd S[ ZZ E bd-HHH 8'1I ['SS £ 99Z£3MV Z I ZL £ A I 2RI-dd-IX-9 T-06d seuualue seuualue Jo glplM seuualue Jo lgBlaH Jo jagwnN /apowlaweu euualuV sdno 5 euualue Jo ragwnN 9 =:euualueN seuualuV sa!Pe o id juaw in 3 woa saainJasJalsayals@m 3V OLOO LLZ Lb8 Hd 910 E 96ed luudS-oVS :lua!Io OL009 11 'u036uwe8 Hl :A8 066OX£OSW :10a[ad u910 x0d bog LIOZ/O£/l 6 :aled a8nn01 JaleM�fd buudS 'C)11 `SoolAJOS a8;s8l43lSGM Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By: TH Barrington, IL 60010 Client: SAC-Sprint Page 4 of 8 PH: 847.277.0070 AE@westchesterservices.com Dishes, Mounts, and Other Equipment Nequip:= 2 Number of appurtenance groups Name/model Number of appurtenances Elevation "Single antenna Mounts" 3 90 "Single antenna Mounts" nequlp:= 3 zequip:- 98 ft "not used" 0 0 CaAa of equipment CaAa with ice 2 3 CaAaequip:= 2 •ft2 CaAaequip.ice:= 3 ft2 0 0 Weight Weight with ice 25 35 teightequip:= 25 •lbf weightequip.ice:= 35 •lbf 0 0 pepja/gs paaap/suoo eq osle ueo Aagl legl seuualue joadsaa iiaga of gbnoue Alasolo paaeool aae sadid eqj `uo/appe u*/ -sroloas aaagl eqj jo oml Aluo uodn aoe ueo pu/an eqj aaagm j1nsaj a 6u/p/a/�f `)Iuel agl Inoge peoeds uana si dnoa6 euualue goea `s/sIgeue eqj jo sasodind aql J03 .b'6'9 Z uoaloaS `(Z) lea u/paPlep s/6u/plajlgS -sed.id anoge agl jo ge joj paiap/suoo s/Buipla/gS :aloN. 0 uogena13 0 adid 06 86 0 sed.ld jo jagwnN 0 =:adidu 0 0 11 sedid jo ga6ua-7 ul. 0 =:adidgl$uai ZL ZL 0 0 =:adid Z T =:odidN Z sdnojF ad.id so jagwn (sadid(71S OS/V) az.1s ad/d leuiwoN S5 Id uaoo-saoinJasaalsayolsGm 3V OLOO LLZ'Lti8 Hd 9 J0 9 96ed luudS-O`dS auailo O600911 'uolbuiaae8 Hi :A8 066OX£OSW :loafad u819 xod q09 L60U0£/l l :sled aannol�ale/N�laed 6uudS .0-1-1 `SO31AJOS` J8jSGg3jSOM Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By: TH Barrington, IL 60010 Client: SAC-Sprint Page 6 of 8 PH: 847.277.0070 AE@westchesterservices.com Feedlines Number of coaxial Nominal coaxial size Length of coaxial cables cables 6 1.25 98 3 1.25 90 0 0 0 ft feed 0 Sizefeed:= in Lfeed:= 0 0 0 0 0 0 0 Feed 2 Number of feedline groups feed:= 0 Number of feedlines exposed to wind loading Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By: TH Barrington, IL 60010 Client: SAC-Sprint Page 7 of 8 PH: 847.277.0070 AE@westchesterservices.com Calculations 0 Water Tank Loading wind calculations collapsed From Ref(3) Cd flat:= 1.0 Wind drag coefficient(flat) Cd_cyl := 0.6 Wind drag coefficient (cylindrical or conical with apex angle <15 deg) Cd_sphere:= 0.5 Wind drag coefficient(double curved or conical with apex angle >15 deg) Calculate the wind loads on the water tank The wind loads on the tank are to the previous version of the code. 30psf wind pressure will be used. Tank Dtank a:= a= 16.5 ft Semi-major axis of tank ellipsoid 2 (14tank— Hshaft) b:= b = 27.5 ft Semi-minor axis of tank ellipsoid 2 Atank:= 7r-a-b Atank- 1425.498 ft2 The area of the tank Ptank:= 30•psf•Cd_sphere-Atank Ptank= 21.382•kip Wind load on the tank ytank:= 0.5•(Htank+ Hshaft) ytank= 122.5 ft The elevation of the center line of the tank Shaft Ashaft:= (Hshaft— Hbell).Dshaft Ashaft= 568 ft2 The area of the shaft Pshaft:= 30•psf•Cd_cyl'Ashaft Pshaft= 10.224•kip Wind load on the tank yshaft:= 0.5•(Hshaft+ Hbel1) yshaft= 59.5 ft The elevation of the center line of the shaft Bell Abell := 0.5•(Dshaft+ Dbell).Hbell Abell = 360 ft2 The area of the bell Pbell := 30•psf•Cd cyl'Abell Pbell = 6.48•kip Wind load on the bell ybell := 0.5•Hbell ybell = 12 ft The elevation of the center line of the bell Westchester Services, LLC. Spring Park Water Tower Date: 11/30/2017 604 Fox Glen Project: MS03XC190 By:TH Barrington, IL 60010 Client: SAC-Sprint Page 8 of 8 PH: 847.277.0070 AE@westchesterservices.com Shear at base of tank from the existing stricture Vexist.base Ptank+ Pshaft+ Pbell Vexist.base= 38.086•kip Total shear due to original water tower structures and members Shear from the antennas Nantenna Npipe Nequip Vnew.base FAi+ I (FP►P j) + I (Fequipi Vnew.base= 1.901•kip Total shear due to equipment and i= 1 nas j= 1 I j= 1 Vtotal.base Vexist.base+ Vnew.base Vtotal.base= 39.987•kip Total shear at base The overturning moment about the base from the water tank Mexisting.base Ptank'ytank+ Pshaft'yshaft+ Pbell'ybc Mexisting.base= 3305.44•kip.ft Total moment due to original water tower structures and members The overturning moment about the base from the antennas done to the current AWWA design specifications Nantenna Npipe Nequip M •— F •z l + F •z l + F •z + 0.5•n q z 2 new.base � A an j/ Z ( pip pip J/ E ( equip] equip]) feed' feed' feed j= 1 j= 1 j= 1 Mnew.base= 177.774•kip.ft Total moment due to equipment and antennas Mtotal.base Mnew.base+ Mexisting.base Mtotal.base= 3483.213•kip•ft Total moment at base Mnew.base = 5.378•% Mexisting.base The proposed and existing antennas cause a 5.38% increase in overturning moment. This is considered acceptable by engineering judgment. SPRING PARK On Lake Minnetonka December 4, 2017 Sprint C/O Joe Egge— SAC 4300 Market Point Drive Suite 250 Bloomington, MN 55435 RE: Spring Park Antenna Escrow The City of Spring Park requires an escrow check in the amount of$10,000 for the proposed antenna upgrades to the Spring Park Water Tower. Please make the check payable to the City of Spring Park and send to: City of Spring Park 4349 Warren Avenue Spring Park, MN 55384. Please contact City Administrator Dan Tolsma if any additional information is needed. Sincerely, r-ra-n olsma City Administrator (952) 471-9051 dtolsma@ci.spring-park.mn.us City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384 Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us Form Request for Taxpayer Give Form to the (Rev.November2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. City of Spring Park 2 Business name/disregarded entity name,if different from above c" 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see ca a instructions on page 3): C ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate 0 m single-member LLC Exempt payee code(if any) 4; c �'� ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► 0 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as asingle-member LLC that is disregarded from the owner unless the owner of the LLC is code if an .` another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( y) a 0 is disregarded from the owner should check the appropriate box for the tax classification of its owner. s� • ❑� Other(see instructions)► City Government (Applies to accounts maintained outside the U.S.) to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 4349 Warren Avenue Specialist Site Development s city,state,and ZIP code SAC,4300 Market Point Drive,Suite 250 S ring Park,MN 55384-9711 Bloomington,MN 55435 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(S .However,for a —m — resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. Or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. K1] 6 1 0 1 0 8 5 8 6 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of J Here U.S.person► ` _ Date► 1 —,22— ,a)/ General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231 X Form W-9(Rev.11-2017) THE N-ION uNED IN Ti5 SEE OE RULTON DODUNENES IS LURE. ♦v USE 01 DISCLOSURE D HROMIRIEED. of a .. �iuNZ Z > Q '9 v F€un Ti 1zFq S q33 O O:e o A krfg Z a fTl aw�..na q�yy_� f7 e O w yyN Q ZE AIN o m �� o 1� m > � m D o gg Z 3 �q i 77aa DIKING ACCESS RDIID E E E E E E E E E E f E f f E _ E E E T E E N O E E f 2 E E nNim z = � N E E E X n m § E E I D c -L n 3 n m C� E E E E mmC) D 'nm o ) 1 V. � .. p /Y�' 4 m we m Ln v - = O v $fk aVNS' 3; Ian Cn :Ng 3 °yyY CFy n 0 cob k1 g Zl X m. = zZ o` s8 • �= c �� C� : ge m 9 `• ED � ;� ;; A 5 mg a r�. A a IM o "oo March 2, 2018 Dan Tolsma, City Administrator RE: SITE AGREEMENT between Sprint Spectrum Realty Company,LLC(formerly a limited partnership),a Delaware limited liability company,successor in interest to Sprint Spectrum,LP("Tenant"), and City of Spring Park("Landlord"),dated October 7,1996 as amended by AMENDMENT TO PCS SITE AGREEMENT dated September 11,2001,as further amended by AMENDMENT NO.2 TO PCS SITE AGREEMENT dated February 22,2013 and as further amended by AMENDMENT NO.3 TO PCS SITE AGREEMENT dated October 15,2014(the Agreement"). Dear Mr. Tolsma: This letter is to advise you that it will be necessary within the near future for Sprint to make certain physical modifications to equipment within Tenant's premises at the Site. These improvements are being undertaken in order to ensure the continued technical and economic feasibility of Tenant's facility, and are needed for Tenant to make optimal use of the Site for the purposes intended by the Site Agreement. As described below,these modifications should have no significant impact on Landlord's property or operations. However, in accordance with the Site Agreement,Tenant requests that Landlord acknowledge notice of, and consent to,the following modifications: Adding (1) RRU and (1)Antenna per sector Landlord's acknowledgement of notice and consent will not increase the size or amount of space being used by Tenant under the Site Agreement unless specifically stated above. Please indicate your acknowledgement and consent by signing below and returning one copy of this letter to me using the pre-addressed envelope that accompanies this request. Initial Here: SAC, 540 W. Madison, 16'h Floor, Chicago, IL 60661 S -./ Thank you in advance for your prompt attention to this matter. Regards, By: Joe Egge SAC Wireless,LLC SAC, an authorized representative of Sprint Joe Egge I Specialist Site Development 1 612-839-4594 SAC, 540 W. Madison, 1611 Floor, Chicago, IL 60661 joe.egge@sacw.com www.sacw.com ACKNOWLEDGED AND AGREED TO: City of Spring Park Printed Name: r- Title: N Email Addre s: Phone Number Date: , 201 (Date must be completed) SAC, 540 W. Madison, 1611 Floor, Chicago, IL 60661 M5 SET OF CO LOSIRE Oi --SQMOES 5 9— � ETD�,. �.,�fyypk fi < � .. � y o qei 8 Z_ g `. W45jig c ~ o f p a as� m �1 -a A C) .> F" t.z K is Ln is f�Tl p O a p p n > zi G^ z �J z �oZ. �m - 0 p` 01 G, Leom� o D s£zz r1 i t (n S! R R 9 9 C8121124✓' ��" $ a I rX BMW ACCESS ROAD - z f E E E f E E f E E f f f E f E E E E cn v E E E f E E X O E E E M f E O ic n Wn N Z � � E E T (nEm c * � n E^ E E N Z m O 0 m X Y `� m 0 O Dic " 0 3DmC E E m m to Z �G � E E � .. Orp wC .. YJ $ 00 44 E E E �� : O A m CC m m o O m m 3, i \ �ouimnmi mmrpmr nri� _ �t N $$ g4 ^�o � n � O ; � � ��o� T '�niurr,•no,iniinnxS�o�e°° @9 m Site Name: City of Spring Park,MN Site ID: MS03XCI AMENDMENT TO PCS SITE AGREEMENT This Amendment to PCS Site Agreement ("Amendment") is made and entered into by and between City of Spring Park ("Owner"), whose address is 4349 Warren Avenue,Sprint Park,MN 55384-9711, and Sprint Spectrum Realty Company,L.P.,a Delaware Limited Partnership ("SSLP")the successor in interest to Sprint Spectrum L.P.a Delaware Limited Partnership,whose address is 6160 Sprint Park Way,Overland Park,KS 66251. WITNESSETH: A. Owner and, SSLP have entered into that certain PCS Site Agreement dated as of October 7., 1996 ("Agreement'); and B. Owner and SSLP wish to amend the Agreement to redefine the Lease by SSLP of Additional Space in order for Sprint to install upgraded Equipment ("Equipment")on the Site. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the PCS Site Agreement. 2. The effective date ("Effective Date") of this Amendment shall be the date that SSLP and Owner have both executed this Amendment. 3. As of the Effective Date, Owner hereby leases to SSLP the additional 8.6 square feet of property described in the Attached Exhibit A-1 ("Additional Space"). All references to the Site in the Agreement will be deemed to include the Additional Space. 4. SSLP will pay to Owner rent for the Additional Space ("Additional Rent") in advance in the amount of THREE HUNDRED EIGHTEEN AND NO/100 ($318.00) per r. The Additional Rent will be payable and will escalate at the same time and in thesamc as described in Section Three (3) of the Agreement. The foregoing notwithstanding, the first payment of Additional Rent shall be due on the first day of the month following commencement of any construction or installation of Equipment in the Additional Space,and shall be prorated on a per diem basis. Additional Rent shall be then due, but shall not be deemed delinquent until after the passage of sixty days from that date without payment. 5. Amendment to Exhibit A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the Exhibit A-1 attached to this Amendment. By execution of this Amendment,Owner consents to SSLP to begin construction with respect to installation of the Equipment. SSLP's construction and installation of the Equipment shall not interfere with or disrupt the use of the property by Owner or other authorized users of the property. 6. Full Force and Effect. Except as expressly amended by the provisions hereof, the terms and provisions contained in the PCS Site Agreement shall continue to govern the rights and obligations of the parties,and the PCS Site Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to PCS Site Agreement as of the day and year last written below. OWNER: SSLP: THE CITY OF SPRING PARK,MN SPRINT SPECTRUM REALTY CO.,L.P. Delaware Limited Partnership as successor in interest to Sprint Spectrum L.P. By: By: - 31-�' Printe : Jerme P. Rockvam Printed Name: Michael S. Romesburg Ti Mayor the City of Spring Park,MN Title: Director of Site Development ated : Dated : t1tdAName.--William D. eeks Title: City Administrator City of Spring Park,MN Site Name:City of Spring Park,MN Site ID#:MS03XCI90 AMENDMENT NO.2 TO PCS SITE AGREEMENT This Amendment No. 2 to PCS SITE AGREEMENT (this "Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain PCS SITE AGREEMENT between SPRINT SPECTRUM REALTY COMPANY, LP, a Delaware limited partnership, ("SSRC"originally identified as`SSLP"),and City of Spring Park("Owner"), dated October 7, 1996, as amended by AMENDMENT TO PCS SITE AGREEMENT dated September 11,2001 (the"Agreement"). BACKGROUND WHEREAS, SSRC desires to modify its installation on the Property by adding or swapping out antennas and other equipment to the Communications Facility,as more particularly described in Exhibit A-2 annexed hereto,and SSRC and Owner desire to modify the provisions of the Agreement as provided below. AGREEMENT follows: For good and valuable consideration the receipt and sufficiency of which are acknowledged, SSRC and Owner agree as 1. Modification to the Communications Facility. Exhibit A-I to the Agreement is hereby amended to include the modifications identified on Exhibit A-2, a copy of which is attached and made a part hereof. Exhibit A-2 supplements Exhibit A-1 to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit A-1 or any part thereof except to the extent specifically set forth in Exhibit A-2. Upon full execution of this Amendment, SSRC is permitted to do all work necessary to prepare, maintain and alter the Property to install or otherwise modify the Communication Facility, all as more fully described and contemplated in Exhibit A-2. 2. Frequency Use and Power Output. Provided that any frequencies or power output used by SSRC will not cause interference with the properly licensed and permitted pre-existing frequencies in use or in operation at the Property and notwithstanding anything to the contrary contained herein or in the Agreement, SSRC may operate the Communications Facility at any frequencies,power output or antenna gain for which it has all requisite permits,leases or licenses. 3. Notice Address. The notice addresses in Section 5 of the Agreement or referenced therein for the party or parties listed below are hereby deleted in their entirely and replaced with the following: To SSRC: Sprint/Nextel Property Services Sprint Site ID:MS03XCI90 Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park,Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Sprint Site ID:MS03XC190 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park,Kansas 66251-2020 Attn.: Real Estate Attorney a f 4. General Terms and Conditions. a. All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement. b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein,all provisions of the Agreement are ratified and remain unchanged and in full force and effect. C. This Amendment may be executed in duplicate counterparts,each of which will be deemed an original. d. Each of the parties represents and warrants that it has the right,power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** Basic Amendment template.Project Vision Revised 5.1.5.12 Site Name: City of Spring Park,MN Site ID#: MS03XCI90 AMENDMENT NO.3 TO PCS SITE AGREEMENT This Amendment No. 3 to PCS SITE AGREEMENT (this "Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain PCS SITE AGREEMENT between SPRINT SPECTRUM REALTY COMPANY, LP, a Delaware limited partnership("SSRC"), and City of Spring Park ("Owner"), dated October 7, 1996 as amended by AMENDMENT TO PCS SITE AGREEMENT dated September 11, 2001 and AMENDMENT NO. 2 TO PCS SITE AGREEMENT dated February 22,2013 (the"Agreement"). BACKGROUND WHEREAS,SSRC desires to modify its installation on the Property by adding or swapping out antennas and other equipment to the Communications Facility,as more particularly described in Exhibit A-3 annexed hereto,and SSRC and Owner desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration the receipt and sufficiency of which are acknowledged, Owner and SSRC agree as follows: 1. Modification to the Communications Facility. Exhibit A-2 to the Agreement is hereby amended to include the modifications identified on Exhibit A-31,a copy of which is attached and made a part hereof. Exhibit A-3 supplements Exhibit A-2 to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit A-1 or any part thereof except to the extent specifically set forth in Exhibit A-3. Upon full execution of this Amendment,Tenant is permitted to do all work necessary to prepare, maintain and alter the Property to install or otherwise modify the Communications Facility, all as more fully described and contemplated in Exhibit A-3. 2. Frequency Use. Provided that any frequencies used by SSRC will not cause interference with the properly licensed and pemvtted pre-existing frequencies in use or in operation at the Communications Facility and notwithstanding anything to the contrary contained herein, SSRC may operate the Communications Facility at any frequencies for which it has all requisite permits, leases or licenses. 3. General Terms and Conditions. a. All capitalized terms used in this Amendment, unless otherwise defined herein,will have the same meaning as the terms contained in the Agreement. b. In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment,the terms and conditions herein will control. Except as set forth below,all provisions of the Agreement are ratified and remain unchanged and in full force and effect. C. This Amendment may be executed in duplicate counterparts,each of which will be deemed an original. d. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** The parties have executed this Amendment as of the Effective Date. Owner: SSRC: City of Spring Park,MN Sprint Spectrum Realty Company,LP,a Delaware limited partnership By: By: Printed Name: Z _ Zl Printed Name: Dan Davis Title: f.,44-/r .60m Z e5 5 Area Site Development Manager �,�Title: Date: �� !^� /� Date: %O/Z I If /(Datep&st be completed) (Date must be completed) Basic Amendment template,Project Vision Revised 10,21.13(0) 2 0 ps` KLM ENGINEERING INC. P.O.Box 897.3394 Lake Elmo Ave.N.•Lake Elmo,MN 55042 (651)773-5111•Fax(651)773-5222 October 26, 2017 By Email Only Dallas Roggeman People Service, Inc. PO Box 131 Appleton, MN 56208 RE: Proposal for Engineering Review and Inspection Services during the Sprint Antenna Modifications on Tower No. 1 Located in Spring Park, Minnesota. Sprint Site Number: MS03XC190 Dear Mr. Roggeman, This letter is to confirm the above referenced project with estimated costs as follows: Antenna Review(I'and 2nd) Fixed Fee $1,500.00 "This includes a review of the structural analysis" Any additional reviews required will be charged at$500.00 per review. Inspection Services Fixed Fee $5,200.00 Inspection services include 1 pre-construction meeting, 2 shop visits to a local painting shop, 1 welding inspection at the tower, and 3 trips for coating inspection. Please sign, date, and send this letter back to KLM Engineering, Inc. KLM cannot proceed with work on this project until we receive a signed contract. If you have any questions,please call me at 651- 773-5111. Please fax the signed proposals to Michelle at 651-773-5222 or email at mnelsona,klmen in�g com. P oe ple Services, Inc. Date For the City of Spring Park, Minnesota Sincerely, KLM Engineering, Inc. Chad Beyer Telecomm Project Supervisor C:mn/mydoes/antennaproposals/SpringParkSprintTowerk l 10-26-17 SITE AGREEMENT This Site Agreement ("Agreement") is made as of this _flay of 1996, by and between City of Spring Park, P.O. Box 452, Spring Park,MN 55384("Owner")and Sprint Spectrum LP, ("SSLP")a Delaware corporation,4900 Main, 5th Floor, Kansas City, MO,64112, 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 fifteen (15) square feet in the base of the water tower, and three hundred (300) square feet on the ground near the water tower for placement of SSLP's facilities equipment and space within the eighty-seven, (87')to the ninety-three(93')foot level above grade,but at least ten(10')feet below any other antennas on Owner's water tower for the placement of antennas including up to twelve(12)panel antennas,matching the tower in color,which will be mounted on the side of the tower, three each at 0°, 120", and 240°, 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,together with a non-exclusive easement for reasonable access thereto and to the appropriate, in the discretion of SSLP, source of electric and telephone utilities. All SSLP 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 the fifth anniversary of the Commencement Date. The Commencement Date shall be the date on which all conditions precedent detailed in Exhibit"C" have been met or waived in writing by SSLP. In the event the Commencement Date has not occurred by December 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, SSLP 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 SSLP and Owner. SSLP 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". SSLP shall obtain all necessary governmental approvals and permits prior to commencing construction. 3. RENT. SSLP shall pay Owner rent annually in advance beginning ten(10)days after the Commencement Date for the first year and thereafter on the First (V) 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 (CPI) 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. SSLP may extent the term of the Agreement for three (3) additional six (6) year Option Periods (individually, an "Option Period" and collectively, the "Option Periods"). SSLP 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. SSLP 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 must be approved by the Owner and SSLP 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 SSLP with twenty-four (24) hour, seven (7) day a week year round access to the Property. SSLP will pay all personal property 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 SSLP's possession or use of the Property, in which event SSLP shall timely pay the real property taxes and assessments. SSLP 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 SSLP at least thirty (30) business days in advance, for any maintenance, repairs, or any other work on the tower. SSLP 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 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, SSLP will be notified by phone within four(4)hours of a recognized emergency. Owner will not remove SSLP's equipment without SSLP's prior written consent which shall not be unreasonably withheld. SSLP, 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 SSLP deems necessary to determine the Property's suitability for SSLP'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 SSLP deems necessary or desirable. Owner shall cooperate with SSLP and execute all documents required to permit SSLP'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 SSLP's responsibility without any adjustment to rent. Payment for telephone or other communication services to the Communications Facility shall be SSLP's responsibility. Owner agrees to cooperate with SSLP in its efforts to connect the Communications Facility to existing utility service at SSLP's expense. 7. REMOVAL OF COMMUNICATIONS FACILITY. All personal property and trade fixtures of SSLP may be removed by SSLP upon the termination of this Agreement and shall be removed if directed by Owner. SSLP shall be responsible for restoring the surface,wherever attachments have been made,to its original condition,except for normal wear and tear. 8. INSURANCE. SSLP shall maintain commercial general liability insurance insuring SSLP against liability for personal injury, death or damage to personal property arising out of use of the Property by SSLP, with combined single limits of not less than One Million and No/100 Dollars ($1,000,000). SSLP shall also maintain fire and extended coverage insurance insuring SSLP'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 SSLP'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. TERMINATIONBYSSLP. SSLP 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)SSLP 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 SSLP determines at any time that the Property is not appropriate for locating SSLP'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 SSLP'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 cure within thirty (30) days of such notice and is not diligently pursuing said cure to completion;(d)this Agreement may be terminated by SSLP 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 SSLP's rights of the Agreement. If SSLP terminates this Site Agreement, SSLP agrees to pay a one-time fee of the then current Annual Rent as liquidated damages, these damages are not payable if SSLP terminates the Agreement pursuant to clause (c), above, or at the end of any initial or renewal term. 11. TERMINATION BY OWNER. Owner may terminate this Site Agreement upon the occurrence of any of the following: (a) failure by SSLP to pay any rent required hereunder when due if such failure shall continue for more than ten (10) calendar days after delivery to SSLP of notice of such failure to make timely payment; (b) failure by SSLP 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 SSLP, or in the event of a cure which requires in excess of thirty (30) days to complete, if SSLP has not commenced such cure within thirty(30)days of such notice and is not diligently pursuing said cure to completion; or(c) if SSLP 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 SSLP thereunder, or if a receiver or trustee is appointed for all or substantially all of the assets of SSLP due to SSLP's insolvency. 12. INDEMNITY. Owner and SSLP 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 used or stored on Owner's property in connection with its operation of a 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 SSLP harmless from and indemnify'SSLP 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 SSLP or its employees, agents or contractors. Furthermore, SSLP 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. l4. CASUALTY. If any portion of the Owner's Property or Communications Facility is damaged by any casualty and such damage adversely affects SSLP's use of the Property,this Agreement shall terminate as of the date of the casualty if SSLP gives written notice of the same within thirty (30) days after SSLP 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 SSLP's equipment is allowed to be operational on the Property. 15. CONDEMNATION. If a condemning authority takes any portion of the Owners Property and such taking adversely affects SSLP's use of the Owner's Property, this Agreement shall terminate as of the date of the taking,upon written notice from SSLP 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, SSLP shall not be entitled to any condemnation award arising out of the taking. 16. DAMAGE TO OWNER'S PROPERTY. In the case of casualty causing an interruption in SSLP's use of the Property,the Owner may elect to repair or reconstruct damage to the Owner's Property, as long as said repairs can be accomplished in a mutually agreed upon time frame, said consent shall not be unreasonably withheld by SSLP. This Agreement will be temporarily suspended until the completion of reconstruction. If Owner elects not to rebuild Owner's Property,this agreement shall terminate effective as of the date of the casualty following delivery of written notice by Owner. 17. WAIVER OFLANDLORD'SLIEN. 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. SSLP, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Property. If, as of the date of execution of the 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 SSLP 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 SSLP personnel. 19. DEFAULT. Any breach of the material provision of this lease shall give the non-defaulting party cause to terminate this contract. Owner and SSLP shall each have such 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. 20. INTERFERENCE. SSLP'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 or with the operations of other users of the Owner's property. Should any such interference occur, Owner and SSLP shall diligently pursue a cure to remove or satisfactorily attenuate such interference. If such interference cannot be cured or satisfactorily attenuated, SSLP agrees to immediately stop using its equipment if so demanded in writing by Owner. Owner hereby covenants to use its best efforts to afford SSLP similar protection from interference which may be caused by the operations of subsequent additional users of the Owners Property. SSLP will also operate the Communications Facility within the guidelines resultant from the Intermodulation Study as described in Exhibit"D". 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 SSLP. 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 SSLP. E. Except as provided below, all claims or disputes between Owner and SSLP 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 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 SSLP 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. SSLP may assign this Agreement at any time without Owner's consent provided that the same shall not release SSLP from any of the obligations arising under this agreement.. SSLP 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. SSLP represents that they have not been represented by a real estate broker or other listing agent in this transaction for purposes of commission, fee or other payment to such broker or any other leasing agent claiming to have represented SSLP. 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 Corpo lion: City of Spring ,ark By: J o me ck Mayor Addres of corporation: P.O.Box 452, Spring Park, MN 55384 Phone: (612) 471-9051 Federal Tax ID Number: 0 9 7 84.1 ATTEST: /�t� Patricia Higus, Administrator-Clerk-Treasurer STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this --day of z , 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. jota;�ryPublic M commission expires: al] SSLP Sprint Spectrum,LP BY. � �A _ Karl R.Brusen ITS: Engineering and Operations Director Sprint Spectrum LP 2900 Lone Oak Parkway,Suite 140 Eagan,Minnesota 55121 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this � day of(A)bM , 1996,by Karl R.Brusen, Engineering and Operations Director,on behalf of Sprint Spectrum LP. r �IN otary Public My commission expires: [Seal] DANA D. WILSON NOTARY PUBLIC-MINNESOTA 4y. HENNEPIN COUNTY MY Commission Expires Jan.31,2000 EXHIBIT A Site situated in the City of Spring Park,County of Hennepin, State of Minnesota commonly described as follows: Legal Description of Owner's Property: That art of Lot 4 and Lot 5,CORONADO PARK,Lake Minnetonka,Hennepin County,Minnesota, lying North of a line drawn West at ri t angles to the East line of Lot 4,said plat,from a point in said East line distant 165 feet South of the Northeast corner of said Lot . Legal Description of Leased Premises: Commencing at a omt in the East line of said Lot 4,distant 165 feet South of the Northeast corner of said Lot 4; thence on a bearing of North,assumed- along the East line of said Lot 4,a distance of 15.00 feet;thence on a bearing of West,a distance of 15.00 feet to the actual point of beginning; thence on a bearing of North,a distance of 20.00 feet; thence on a bearing of West,a distance of 15.00 feet;thence on a bearing of South,a distance of 20.00 feet;thence on a bearing of East,a distance of 1 g.00 feet to the point of beginning. Containing 300.00 Sq.Ft. Sketch of Site: SEE ATTACHED EXHIBIT A: Site Diagram Warren Ave OPhone aCD x , Power -d W. , o PO o City Hall N � Pump House , , Parking Existing Tower Stem Proposed Antenna Array at 87' to 93' Above Grade Existing Overhead Tank r • , Existing Tower Base , Proposed 15' x 20' Fenced----". - • - Equipment Area NOTE: It is agreed by Owner and SSLP that the precise legal description and/or an as-built drawing depicting the Site for the Owner's property will be corrected, if necessary, and that the correct legal description may be placed on this exhibit A by SSLP. Site to include up to four antennas per sector, oriented at 000, 120 and 240 degrees True North. EXHIBIT B Memorandum of Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated 19 , between City of Spring Park ("Owner") and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 4349 Warren Ave. , City of Spring Park, County of Hennepin, State of Minnesota, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on , 19_,which term is subject to three(3)additional six(6)year extension periods by SSLP. IN WITNESS WHEREOF,the parties have executed this Memorandum as of the day and year first above written. --�/ "OWNER" By: Nam . Jero. .Rockv'am 7 Title: /Mayor Address: P.O. Box 452 Spring Park,Minnesota 55384 "SSLP" Sprint Spectrum L. P.,a Delaware limited partnership By: Name: Karl R. Brusen Title: Engineering and Operations Director Address:2900 Lone Oak Parkway, Suite 140 Eagan,Minnesota 55121 �E�1� Owner Initials SSLP Initials EXHIBIT C 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 has been secured. 3. FCC authorization to utilize this location for the intended use has been secured. 4. SSLP's technical reports must establish to its exclusive satisfaction that the property is capable of being suitably engineered to accomplish SSLP's intended use of the Property. EXHIBIT D Intermodulation Study TO BE ATTACHED ] Site Name Spring Park Water Tower EXHIBIT A' Site Description �--®- — WARREN AVENUE r-\ 7f.e rru x� I LOT 3 I I _ a LOT 2 I LOT 1 `r — %• — " 171 a —..y ]N LOT 4 M I i qlz g TEMPORARYICONSTRUCTI- I LOT 5 ———1 \ � "°_— _ •lx �..�, +:� � LOT 3 I — + I T ———T— �\COROIa�Q SEE;o,E,] EAST 124.41 T CAST 124.42 I I LENSED PREMISES I LOT 8 i LOT 9 ; LOT 101 LOT 5 1 LOT 4 GGRONPOO PP I [ Note:Owner and SSLP may,at SStP's option,replace this Exhibit with an exhibit setting forth the legal description of the property on which the Sit located and/or an as-built drawing depicting the Site. 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S)n -Lr Slu>"On--]3N11J310nd "9 Utl)d0bd3N11S NaO]wsNOJ 3N1 10 7JMYNlr NI 113.tl3NN0 >d od Nl)v.r3W OngrlS N01JOb1SNOJ)N1 31mi0b0pJ '[ -Na1JI1b1SnOJ--M---dO 3.11 b3N01 JNL L—S OJny1SN0�)M1 NY3NM01UY]dOtl 1 UIpON 'L - ONHm SJiuu0N1M)Nl N S)OOJ ONgLnY lTv NIw1��dnp7 '1 uo!;duosa a I Q �.S N106LOXEOSW 'a'I al!S S310N IVHi N30 _ .b 1191HX3 01 S � C . 9 S N C EXHIBIT B Site Name Spring Park Water Tower Site I. D. MS03XC190V1 Memorandum of Site Agreement This memorandum evidences that a lease was made and entered into by written Site Agreement dated October 7, 1996, between City of Spring Park ("Owner") and Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 4349 Warren Avenue, City of Spring Park, County of Hennepin, State of Minnesota, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on November 25, 1996, which term is subject to three(3)additional six(6)year extension periods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "OWNER" "SSLP" City of Spring , ark Sprint Spectrum L.P.,A Delaware limited partnership By: %�' By: Name:Jerome P�Rbc v Karl R. Brusen, Director E & O- Minneapolis Title: Mayor Address: P.O. Box 452,Spring Park, Minnesota 55384 Address:2900 Lone Oak Parkway#140, Eagan, MN 55121 OWNER NOTARY BLOCK: STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this /S" day of 1997, by Jerome P. Rockvam, as Mayor of City of Spring Park, a Minnesota municipal corporation, on behalf of the munic al corporation. o �•�. PATRICIA HIGUS NOTARY PUBLIC-MINNES07A (OFFICIAL NOTARY SIGNATU E) HENNEPINCOUNTY NOTARY PUBLIC—STATE OF •-..�•`c My Commission Expires 01-31-00 _T SPRINT SPECTRUM L.P.NOTARY BLOCK: STATE OF MINNESOTA COUNTY OF �J �� - The foregoing instrument was acknowledged before me this0-�4 xday of rG- 1997, by Karl R. Brusen, Director E & O - Minneapolis of Sprint Spectrum, L.P., a Delaware limited partnership,4ho executed the foregoing instrument on behalf of such limited partnership. LYNDA L. RICHARDSON CIAL NOTARY SIGNATURE) NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC—STATE OF HENNEPIN COUNTY rriv'` My Commission Expires Jan.31,2000 Attach Exhibit A DRAFTED BY: SBA, Inc. 7625 Metro Boulevard, Suite#235 Edina, Minnesota 55439 EXHIBIT 'A' LEGAL DESCRIPTION OF PROPERTY OF OWNER Thof port of Lot 4 and Lot 3, COQONADO DARK, Loke L:nnetonio, Hennepii Counfr. ; Ll:nnesolol ff:nq North of o ri+e dc.n welt of rent onq/es to tnf Cost line of Lot 4, so%d plot, from o po,+t in so%d Coif lief d;sto l 165 fret Sovh of the Noetneost coenfe of sod Lot 1, Legal description of site leased by Sprint Spectrum is attached hereto as Exhibit 'A-1'. EXHIBFF 'A-l' LEGAL DESCRIPTION OF SITE LEASED BY SPRINT SPECTRUM L.P. LEASED PREMISES LEGAL DESCRIPTION "A M that pat of the soda-ing: That Dorf of Lot I and Lot 5. CP"MADO PA.sK, Late 4nnefonh4 Hennepin COunfy, h nnesora, lr+nq North of a line dro-n Well of r.gnf Ongys to fne foil In♦ of Lot f, said plot. from a point ii sod Calf line d7s10 nt 165 feet South of the HorNeust corner of said Lot e. described as folto-r cornmencinq of the northeast cone, of sO;d Lot e; thence on 0 Dearing Of South, assumed bearing along 'he Cost fin• of sod Lot e, a distance of 179 e7 'let; thence on a bearing of west, a distance Of 3e 56 feet to the OClual poinl of begnninq of fne LeOsed P'C-41-s Sfe 'A" to be described: thence canfin-;nq On O bearnq at West o d stone Of 15 00 /nt: thence on O bearing of South o distonce of 2000. feet; thence on o beori.g of cost a dstonce of 15.00 /eel; lhenc-e On O Meting of North O drsfaue 01 10.00 feet 10 the point of begnninq. Confoe.,q JPll00 Sa El. Together -ifh o 10.00 foot uf,7ity, ingress end egress rosement purposes O-W, under and ocross the 060" described property, the cenlo line of .hkh is detcnbed os folio-s: Commencenq at the poet of begn o . n,q of the oboe described Leased Premises Site �A thence on o Oso,.q of West o distance of 13.00 feel: thence on a beorinq of South a distance of 10.00 feet to the point of begnninq of the eMferl;ne to be aescr,beO. thence On a beorinyy of well O distance of 18.7J fief; thence North 15 degrees J3 minutes 48 seconds cost O dstonce of 176.J9 feel; thence North Oe deq,ees 10 minutes 06 secands Cost a distance of 16.99 feel to the north line of said Lot a end there (ermnOl:nq. Corntonnq J,6421 Sq. Ff. LEASED PREMISES LEGAL DESCRIPTION "B" A$ that port of the foltO-ing: Thof pot of Lot a and Lot 5. Ct?q(NADO PARK, to** Mnnetone0, Hennepn COuntr Ad'" Ota. lywnq Noah of a line dro-n West O( rgnl angles to the Cost fne of Lot e, said plot, from o pont it sod Cost fne distant 165 feet South of the Noetheost corner of so4 Lot e. descrbed as folio-s: Commend) of the northeast caner of so,d Lot e: thence On o beorinq Of South, assumed bearing along the fast line of said Lot e, a distance of 179.e7 feet; thence On a beo,i+q of west, a distance Of 69.556 feet to #A# actual po,;it of begnninq of the Leased Premises Site 'S' to b# described: thence crnfinuing on o 000ring of West O distonce of 1000 feet; thence on o beorinq of South o distance Of 10.00 feet: thence on o bearing of Cost o d;sfonce of 10.00 feet; lnence on o bearing of North a distonce of 10.00 feet to the point Of begnnnq. Containing 200.00 Sq. !l. Together rite 0 20.00 foot utElty. ingress and egress saserne"t lvrrposes 01W. under and ocross fne Obore described property. the cMlerline of -nich is described as 100t0-s: Commencing of the po;nf of beq~n q of (he obo. described Leosed Premises Site �8 ' thence on o bearing of West a d;stone of 1000 feet: thence On O Dearing of -South O distonce Of 10.00 feet to the point of beginninq of the center/iu to be aescobed; thence on o oeurnq of west d distance of 2d7J feet: thence North 15 degrees J5 minutes e8 seconds EOsf o distonce of 116.J9 leer thence Hath Oe degrees 10 minutes 06 secands Cost o distance of 26.99 left La the north line of 504 Lot I and there (erminofing. Con(oininq J.642.1 Sq. !1. Site Name: City of Spring Park,MN Site ID: MS03XC190 AMENDMENT TO PCS SITE AGREEMENT This Amendment to PCS Site Agreement ("Amendment")is made and entered into by and between City of Spring Park ("Owner"), whose address is 4349 Warren Avenue, Sprint Park, MN 55384-9711„and Sprint Spectrum Realty Company,L.P.,a Delaware Limited Partnership ("SSLP")the predecessor in interest to Sprint Spectrum L.P. a Delaware Limited Partnership, whose address is 9801 West Higgins Road, Suite 220, Rosemont, IL 60018. WITNESSETH: A. Owner and, SSLP have entered into that certain PCS Site Agreement dated as of October 7. 1996 ("Agreement'). ' Owner and SSLP wish to amend the Agreement to redefine the Lease by SSLP of Additional Space in order for Sprint to install upgraded Equipment ("Equipment") on the Site. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the PCS Site Agreement. 2. The effective date ("Effective Date") of this Amendment shall be the date that SSLP and Owner have both executed this Amendment. 3. As of the Effective Date, Owner hereby leases to SSLP the additional 8.6 square feet of property described in the Attached Exhibit A-1 ("Additional Space"). All references to the Site in the Agreement will be deemed to include the Additional Space. 4. SSLP will pay to Owner rent for the Additional Space ("Additional Rent") in advance in the amount of THREE HUNDRED EIGHTEEN AND NO/100 ($318.00) per year. The Additional Rent will be payable and will escalate at the same time and in the same manner as described in Section Three (3) of the Agreement. The foregoing notwithstanding, the first payment of Additional Rent shall be due on the first day of the month following commencement of any construction or installation of Equipment in the Additional Space, and shall be prorated on a per diem basis. Additional Rent shall be then due, but shall not be deemed delinquent until after the passage of sixty days from that date without payment. 5. Amendment to Exhibit A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the Exhibit A-1 attached to this Amendment. By execution of this Amendment, Owner consents to SSLP to begin construction with respect to installation of the Equipment. SSLP's construction and installation of the Equipment shall not interfere with or disrupt the use of the property by Owner or other authorized users of the property. 6. Full Force and Effect. Except as expressly amended by the provisions hereof, the terms and provisions contained in the PCS Site Agreement shall continue to govern the rights and obligations of the parties, and the PCS Site Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Amendment to PCS Site Agreement as of the day and year last written below. OWNER: SSLP: THE CITY OF SPRING PARK,MN SPRINT SPECTRUM REALTY CO., L.P. Delaware Limited Partnership By: By:G �G` L��'�� l`�YJ2 +'1'1 Printed Name: Jerome P. Rockvam Printed Name: Michael S. Romesburg Title: Mayor of the City of Spring Park, MN Title: Director of Site Development Dated : Dated By: Printed Name: William D. Weeks Title: City Administrator City of Spring Park,MN Site Name: City of Spring Park,MN Site ID#:MS03XC190 AMENDMENT NO.3 TO PCS SITE AGREEMENT This Amendment No. 3 to PCS SITE AGREEMENT (this "Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain PCS SITE AGREEMENT between SPRINT SPECTRUM REALTY COMPANY, LP, a Delaware limited partnership("SSRC"), and City of Spring Park ("Owner"), dated October 7, 1996 as amended by AMENDMENT TO PCS SITE AGREEMENT dated September 11, 2001 and AMENDMENT NO. 2 TO PCS SITE AGREEMENT dated February 22,2013(the"Agreement"). BACKGROUND WHEREAS, SSRC desires to modify its installation on the Property by adding or swapping out antennas and other equipment to the Communications Facility,as more particularly described in Exhibit A-3 annexed hereto,and SSRC and Owner desire to modify the provisions of the Agreement as provided below. AGREEMENT follows: For good and valuable consideration the receipt and sufficiency of which are acknowledged, Owner and SSRC agree as 1. Modification to the Communications Facility. Exhibit A-2 to the Agreement is hereby amended to include the modifications identified on Exhibit A-3],a copy of which is attached and made a part hereof. Exhibit A-3 supplements Exhibit A-2 to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit A-1 or any part thereof except to the extent specifically set forth in Exhibit A-3.Upon full execution of this Amendment,Tenant is permitted to do all work necessary to prepare, maintain and alter the Property to install or otherwise modify the Communications Facility, all as more fully described and contemplated in Exhibit A-3. 2. Frequency Use. Provided that any frequencies used by SSRC will not cause interference with the properly licensed and permitted pre-existing frequencies in use or in operation at the Communications Facility and notwithstanding anything to the contrary contained herein, SSRC may operate the Communications Facility at any frequencies for which it has all requisite permits, leases or licenses. 3. General Terms and Conditions. a. All capitalized terms used in this Amendment, unless otherwise defined herein,will have the same meaning as the terms contained in the Agreement. b. in case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment,the terms and conditions herein will control. Except as set forth below,all provisions of the Agreement are ratified and remain unchanged and in full force and effect. C. This Amendment may be executed in duplicate counterparts,each of which will be deemed an original. d. Each of the parties represents and warrants that it has the right,power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** The parties have executed this Amendment as of the Effective Date. Owner: SSRC: City of Spring Park,MN Sprint Spectrum Realty Company,LP,a Delaware limited partnership h / Printed Name: 710 _ .c /t J Printed Name: Dan D�VIS Title: Pi-'13�L/c_ L0mlze5. S tl;JeZ—> Title: Area Site Development Manager Date: /� ! /� Date: iol-I �( (Date ust be completed) (Date must be completed) Basic Amendment template,Project Vision Revised 10.21.13(v.2) 2 PROJECT INFORMATION: SHEET INDEX: TOWER INFORMATION APPLICANT VIBE SHEET ___ DO MACRO UPGRADE ! R REVISION Sprint' ' ` SHEET LAT: Ai 58'B.W N(NAO'83) SPRINT _---_. - __—... � LONG DJ 38'0.20•W(NAD'83) S580 SPRINT PARNWAv COrEit$NEEf!SITE PVJI O am 1T 1 AS— OVERLAND PARK.KS SE OWER ELEVATION*EQUIPMENT DETAILS SITE ADDRESS: SITE TYPE W TER TORER —T- ._ ..... o HENNEPN SP- NSTMIAKIN SPECS!EQUIPMENT 0 COUNTY: 4349 WARREN AVENUE JWSgCfgN: CITY Of SPRING PARK LANDLORD CITY OF SPRING PARK --- --- -- -- SPRING PARK, MN 55384 PROJECT DESCRIPTION A349 w EN AVENUE __ SPRING PARK,MN 5538A • (AL NEW 2500 4Hz ANTENNAS WIRELESS maN an (ALPHA 2N M Z RfSN)A RE IN RRH-D A.-C— V) raw 25DO Maz RRH(sAMsuNc MiH-ae) CODE COMPLIANCE: BE NS1/2' SITE CASCADE: • (12)NEW 1/2•RE JUMPERS TO BE INSTALLED A&E FIRM urvs PREPARED ar. • (3)NEW 2-3/8•STD(2-J/8I OJI.),e'-0•LONG, ALL WORK SHALL TE PERFORMED AND MATERIALS INSTALLID IN ACOpioANCE'NITH THE CURRENT MS03XC190 GKVANQED ANIENIM YpUNONG PLPES(SIZE PRO ,FCnHE5�NsE E%LLC. EDITIONS OF THE FOLLOWING CODES AS ADOPTED W THE LOCAL GOVEWNNG AUi110RITIES.NOTHING FI PART{:P30e8 OR EOLRK. T)TO SE INSGl1ID H.RPoNCfON IL SOOIO THESE PLANS IS To eE CONS,RUED i0 PERMIT WORK NOT CONFDRWNG TO MESE CODES. PHONE:(224)277-00110 SITE NAME:2015 MINNESOTA STATE WILINNG CODE fiM FoXOI.F.N SITE ACQUISITION 2O1A NATIONAL ELECTRICAL cow .a �� „�°� DAaaDucroN,n.MN1N SAC W uss AN. -u2/G °" SPRING PARK WATER TOWER IHARRL O KIT.,_H`O Sb W.MADGON ST. .aloes. FAX:M.u.eIWR 121A FLOOR "Oa�IIIFNTPR dD Wr: We@Wee1cY-1 kescom CHNG(I,IL 80881 CONTRACTOR MNOR MATERIALS NCLUOE' PHONE(312)e93-4977 �R CONDUITS&FlRINGS RCNRECNRE LICENSE A sF4I. G 3)NCW 2e00 4Hz ANTENN A5 _ AA.•�l1li,: r W.nEss—2.)TO DE AR•(,.Vy* VICINITY MAP: (3)NEW 230o MHz FISH - MOLLm JOHN V. AP.wrv:"A;O (3>IXIsnNO eo0/HOOD 4Hz ANTENNAS we off (NEAW RWAME PDo-Is-XCPP-RR)ro BANKS ' w•w.yrv,RM (3)OUSTING,DOO Y RRHS(SNISUNG TO RowN EEIDIN N #26379 SI P.h „ - _••�M•SITE w..r.... (3)EXRTMG e00 MN2 RMK(SNIGMNG w/EKTEaHLL E_To I'1°1n•O w•naw ExnlaaQv2e Wu:m A. --__._.__._- RELWN ©FR.�m cMN.Fo.o. L;I w•.I.F.Do.rMm MM � —Nc,3o'-O•WAan Q g „•M a L'7 V IXSTNIG—NE OF TANK wtEa I1/IO/n EMP.OATS oe/3o/,e rA�Rc°.a e1 (IN sra. AaovE RAwmc NOIICF. w M...�, 3KCEKaTW1c N'/BRD oafs ro W OOcwFN s EW)R-IwA Qe•n+w a W W W W W .Y oR REwF CON N1 nIn SEC w�HOOF SPRINT ss IXISTNO MMBS-BATHER! rnr"�� W W W W W Iry URSTKIG IIIIDS-eeU GSWIEf - _ mrlwKN Oe[ F An W �EERINESS Nv W W ppyT/WMSIMICIgN 11/1Q/lT!D� 0 W AREA _ ✓/ u �i. ® IXb'1NG TELCO/PPc CARNET ✓, r- W W __.. - NOT TO SCALE NORTH AERIAL MAP: EXISTING SPRINT 14'-3•K W W W W W W I.-8•EIEVATEO SIEFL uTFORY SPRINT SITE CASCADE. g W N N WSECTOR I SITE MS03XC190 FIR TO CPS MOUTHED TD W W 44e5-89U CANNEf Y W [1111 ACCRLss. 4349 WARREN 215 .'' ExR,Nc anER cVmIER SPRNf • spw SPRING PARK.MN 5N5381 EQUIPMENT PuifORM $ECIOR 3 (A2 2IC) SECMA 2 (AZ 12C) RaEc,. G IXSTNG FENCE - DO MACRO UPGRADE EKSING TREE LINE rv[EI LscRI Irv. D COVER SHEET ::] F & SITE PLAN DWG INFOR 111N Mar ro scxE OVERALL SITE PLAN u r"� (oR),/1e•-,'-0•(,1.1n A oaT24D fR ae NE Ixf91NM1NIN Cd1iNNED IN NI6 SET Of CpISfPUCN IN WG IUENR I5 PNOPRRTNfI 9 NI- N!f USE of p5ttD511gE afl(p TNN 11Ni WIYCH M]A16 ip fMp(p yE1NIC6 IS SIPoCiLV Pgd1191Ep. N o21 I I I I $2 bggb 34 rn p 7 Ana b 3R FR A 2Pin �'. � Q 19, 01 AW co jo cn IN E g a: I� 4N o R! mg� O $�5� Fl >E V ■ 9 'o Xa o -i L___j iN5 SEi SiRUCTON COC S i5 PROPRIETN1v Br N.iURE. DISCLOSURE OTNER TW!i1MT NNCX IRAIES 10 GWRIER SERNCES 6 STRILfLT PROIIIBIIED. D O C N '� mm v om '.0 u- o m off. 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No. 13920554 P.O.Box 63670 Bank Of America.N.A. 611 Phoenix.AZ 85082-3670 Atlanta,DeKalh County,Georgia Return Service Requested CHECK DATE CHECK AMOUNT 12/22/2017 $*****111,000.00 PAY 10,001)DOLLARS AND 00 CENTS -- 01 000061 65005 F 1 A434 VOID IF NOT cASHED WITHIN 180 DAYS TO THE CITY OF SPRING PARK ORDER 4349 WARREN AVE OF SPRING PARK,MN 55384-9711 rho/ii_cd/�Srgrurrarc ( �Q �lil�ln111ll�ll��inl�li111�11�1n�lil�llrn��ll111nn111��) I'm L3 9 20 5 5 411' 1:06L1127B8t: 329979L352115 CITY OF SPRING' PARK, MINNESOTA 200,000 Gallon Capacity Reservoir l y. Tower •e Reservoir Summary Report •rw wrrEay.an KLM Project P.O. Box 897 3394 Lake Elmo Ave. N. Lake Elmo, MN 5504'2 MN2500 (651) 773-5111 c, Fax (651) 773-5222 CITY OF SPRING PARK, MINNESOTA PROJECT INFORMATION KLM Project No.: MN2500 Customer P. O. Number: Customer: Peoples Services Phone: 302-305-0748 Street/City/State/Zip: PO Box 131, Spring Park, MN 56208 Customer Contact: Dallas Roggeman, Water Manager Tank Owner: City of Spring Park Phone: 952-471-9051 Tank Owner Contact: Dallas Roggeman, Water Manager Owner's Tank Designation: Tower Number One Tank Description: Single Pedestal Spheroid Tank Location (Street): 4349 Warren Avenue, Spring Park, MN 56208 Purpose of Inspection: Condition Assessment Date of Inspection: September 12, 2017 Inspected By: Devin Severson and Steven O'Keefe Type of Inspection: KLM Standard ROV Inspection Manufacturer: Maguire Iron Construction Date: 2005 Capacity: 200,000 Gallons Type of Construction: Welded Number and Size of Column: Single pedestal 8 ft diameter Tank Diameter: -35 Ft Height to: Overall -150 Ft Balcony N/A Height to: HWL 143 Ft LWL 113 Ft Type of Access to Tank Interior: Manway on roof Tank Construction Drawings: Available Previous Inspection Records: 2008, 2012, & 2013 KLM Reports EXISTING COATING INFORMATION INTERIOR WET INTERIOR DRY EXTERIOR Date Last Coated 2005 2005 2005 Full or Spot Repair Full / New Full / New Full / New Coating Contractor St. Germain St. Germain St. Germain Surface Preparation SSPC-SP-10 SSPC-SP-10 SSPC-SP-10 Paint System Series 20/FC20 Series 20/FC20 Series 20/73 Paint Manufacturer Tnemec Tnemec Tnemec Lab Lead Test Paint Chips None Taken None Taken None Taken "" �' Copyright 2017 by KLM Engineering, Inc. Page 1 KLM ENGINEERINGy INC. P.O.Box 897.3394 Lake Elmo Ave.N.9 Lake Elmo,MN 55042 (651)773-5111 -Fax(651)773-5222 September 18, 2017 Dallas Roggeman By US Mail Water Manager PO Box 131 Spring Park, MN 56208 RE: ROV Evaluation and Condition Assessment of the 200,000 Gallon Water Tower (Tower Number One) in the City of Spring Park, MN. KLM Project No. MN2500. Mr. Roggeman, On September 18, 2017 KLM performed a ROV evaluation and visual condition assessment of the 200,000 Gallon Tower (Tower Number One) in the City of Spring Park, MN and offers the following comments. Summary: Records indicate the tower was constructed and originally painted in 2005 by Maguire Iron. While it should be anticipated some structural modifications will be required, they can be postponed until the next scheduled reconditioning of the tower. These modifications and repairs serve to bring the tank into compliance with OSHA regulations, AWWA standards, as well as allow for better coating bonding, allow for safer access in and on the tank, and in some cases, removing unnecessary items. The interior wet area is in good to fair condition above the High-Water Line (HWL) with approximately two (2) percent visible coating failures primarily rust nodules and pin holes along weld seams. The area below the HWL is in fair condition with approximately five (5) percent visible coating failures consisting of top coat delamination and rust nodules. There is also a fair amount of mineral deposit delamination's primarily on the upper torus and drywell tube in a zone just below the HWL in a 6 to 8-foot band with a considerable accumulation in the bottom of the bowl. Refer to the 2013 KLM report for laboratory analysis of the mineral deposits. The wet area should be inspected and re-evaluated within three (3) years by means of a dry tank cleanout to determine when the next coating repair or replacement will be required. Due to age and condition, the coating is not considered to be repairable and it should be anticipated that the coating will require replacement in seven (7) to eight (8) years. See attached photos. -`�""" Copyright 2017 by KLM Engineering, Inc. CITY OF SPRING PARK, MINNESOTA The interior dry area is in good to fair condition with less than two (2) percent visible coating failures. Failures are limited to areas susceptible to condensation, such as the drywell tube, bowl, and landings. The interior dry area should be inspected and re-evaluated at the same time as the interior wet area within three (3) years. See attached photos. There are no records available to KLM for confirmation, however, photos indicate the exterior has been spot-coated. The exterior is currently in good to fair condition with less than two (2) percent visible coating failures throughout the tower. Failures consist of top coat holidays (missed spots) and pinhole rusting on welds and random locations where the spot coated areas were not properly prepared. The exterior should be inspected and re-evaluated at the same time as the interior wet area within three (3) years. See attached photos. A full engineering report was not part of the contracted services for this evaluation, but can be added at your request. The engineering report would specify the full scope of work recommended, including an itemized list of the recommended modifications or coating repairs, an engineer's cost estimate, and the time required to make repairs. The engineering report and cost estimate can be performed for an estimated cost of$1,400.00. Sincerely, KLM Engineering, Inc. X"7 (� Rodney Ellis Vice President/COO NACE Coating Inspector No. 1686 Report reviewed by: Digitally signed by Jerry J.Tell Date:2017.09.19 15:44:01-05,00, Jerry J. Tell, P.E. Manager of Engineering MN License No. 15524 Attached: Photos Copyright 2017 by KLM Engineering, Incorporated.All rights reserved. This material may not be duplicated reproduced, displayed, modified or distributed without the prior express written permission of KLM Engineering, Incorporated. P:\2017\2017 Evaluations And Photos\Spring Park MN2500 Tower No. 1\Spring Park MN2500 Summary Report Final.Docx rr.i�r'w r i. Copyright 2017 by KLM Engineering, Inc. Page 3 CITY OF SPRING PARK, MINNESOTA t Photo No. 1 Overall view of tank a, Photo No. 2 Condition of the roof and upper torus ""' Copyright 2017 by KLM Engineering, Inc. Page 4 CITY OF SPRING PARK, MINNESOTA 17 Photo No. 3 Condition of roof/upper torus +v. J �i w 1 Photo No. 4 Condition of roof at drywell tube and manway access opening `�"" " Copyright 2017 by KLM Engineering, Inc. Page 5 CITY OF SPRING PARK, MINNESOTA i. ,r Photo No. 5 Condition of overflow pipe inlet and weir box -f 04 ft • • T 6-At Photo No. 6 Condition of the shell just below the HWL showing deposit delamination -"`" Copyright 2017 by KLM Engineering, Inc. Page 6 CITY OF SPRING PARK, MINNESOTA • , p w'1" • • Temp • • Photo No. 7 Condition of drywell tube showing deposit delamination just below HWL •erg D 0.77 ft • • Eltginetring/nc. Photo No. 8 Drywell tube deposit delamination over 10-feet below HWL —"""�" Copyright 2017 by KLM Engineering, Inc. Page 7 CITY OF SPRING PARK, MINNESOTA 9/12/2017 0 `bS • . 3 F • t- 1/ • • , litgineirin /nc. Photo No. 9 Condition of shell ri • Photo No. 10 Condition of lower torus showing isolated coating failure `-~"� Copyright 2017 by KLM Engineering, Inc. Page 8 CITY OF SPRING PARK, MINNESOTA fir_//:::%�JII s Aor . 4 r� • Temp� EnFineennR Int. Photo No. 11 Condition of bowl M y s rj •t t • D •0 ft Temp 64.0 T l ngrneering Inc. Photo No. 12 Condition of bowl showing fallen deposit delamination's X A'laty^.o-.F x. '" Copyright 2017 by KLM Engineering, Inc. Page 9 CITY OF SPRING PARK, MINNESOTA • 0 44�57 AM r • BJifiirttrrfng Inc.e Photo No. 13 Condition of bowl a, Y A 1 7- 14 Photo No. 14 Overall condition of drywell tube �"�"" Copyright 2017 by KLM Engineering, Inc. Page 10 CITY OF SPRING PARK, MINNESOTA ti �4 Photo No. 15 Bowl manway and conditions i' v p. Photo No. 16 Fill pipe and bowl conditions i�il"VA6-W """ `� Copyright 2017 by KLM Engineering, Inc. Page 11 CITY OF SPRING PARK, MINNESOTA r � R r 3 .j Photo No. 17 Condition of top landing i f wY' Photo No. 18 Overall condition of riser Copyright 2017 by KLM Engineering, Inc. Page 12 CITY OF SPRING PARK, MINNESOTA C r.. Photo No. 19 Conditions in base of tank i Photo No. 20 Overall condition of the roof =A �"-""" Copyright 2017 by KLM Engineering, Inc. Page 13 CITY OF SPRING PARK, MINNESOTA Photo No. 21 Condition of roof Photo No. 22 Condition of roof showing overcoating on unprepared surfaces -"" Copyright 2017 by KLM Engineering, Inc. Page 14 CITY OF SPRING PARK, MINNESOTA Photo No. 23 Condition of shell and bowl Photo No. 24 Overall condition of bowl and pedestal, note touch-up paint areas -'"" " Copyright 2017 by KLM Engineering, Inc Page 15 CITY OF SPRING PARK, MINNESOTA Photo No. 25 Condition of bottom cone, note touch-up paint areas t t t t Photo No. 26 Overflow and base conditions MAW '"' Copyright 2017 by KLM Engineering, Inc. Page 16