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HomeMy WebLinkAboutDevelopment Application Packet MaterialsSITE ACQUISITION CONSULTANTS Client satiAykintleilence. NEXTEL COMMUNICATIONS, INC. N ME 11116.1111111. • MI 11116■.... Ell M=IIMIIIIMIIMINIMININ CO-LOCATION ON THE EXISTING PUBLIC UTILITY LATTICE TOWER AT 13735 - 60 STREET OAK PARK HEIGHTS, MN 55082 (XCEL ENERGY STRUCTURE #10 655 First Bank Drive Palatine, Illinois 60067 Office: 847-991- 2100 Fax: 847-991-5707 Email: SAC©siteacquisition.com www,siteacquisition.com APPLICATION FOR A CONDITIONAL USE PERMIT AND ANY OTHER NECESSARY APPROVALS FOR SITE NUMBER MNO225"00AK PARK HEIGHTS SFP - 9 2003 APPLICATION FOR A CONDITIONAL. USE PERMIT AND ANY OTHER NECESSARY APPROVALS FOR NEXTEL COMMUNICATIONS, INC. TABLE OF CONTENTS 1. Letter of Application 2. Application Materials 3. Nextel License 4. Summary and Narrative Overview 5. Legal Description 6. Standards for Issuance of a Conditional Use Permit 7, Easement Agreement with Owner of Underlying Real Property 8. Propagation Maps 9, Memorandum of RF Engineer 10. Aerial Photo of Site 11. Site plan Showing Installation of Wireless Service Facilities 12 Equipment Shelter Description Letter of Application SITE ACQUISITION CONSULTANTS Client satisfaction through excellence. September 4, 2003 Ms. Julie Hultman Community Development CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North Oak Park Heights, MN 55082-2007 RE: NEXTEL COMMUNICATIONS, INC. SUM: APPLICATION FOR CONDITIONAL USE PERMIT FOR CO—LOCATION OF ANTENNAS ON EXISTING PUBLIC UTILITY LATTICE TOWER AND PLACEMENT OF EQUIPMENT SHELTER AT XCEL ENERGY STRUCTURE #11 Dear Ms. Hultman: Site Acquisition Consultants ("SAC") is a consulting firm specializing in wireless telecommunications site development under contract with Nextel Communications, Inc. ("Nextet"). Nextel has entered into an agreement with the property owners of the site referenced in this packet to locate its antennas on the existing public utility lattice tower and to place an equipment shelter near its base. This installation would eventually house the Personal Communication Services ("PCS") technology needed for Nextel to provide clear, uninterrupted, wireless telecommunication service to the community. On behalf of Nextel, SAC has submitted all required documentation for a Conditional Use Permit allowing for co-location of wireless communication facilities, per Zoning Ordinance Section 401.15.P, Antennas. Should you have any questions, please do not hesitate to contact me. I look forward to working with you during the approval process and providing the residents of Oak Park Heights the best possible PCS coverage. Sincer / 1 #4, 9rig riffr Steven Katkov, 655 First Bank Drive Palatine, Illinois 60067 Office: 847-991- 2100 Fax: 847-991-5707 Email: SAC@siteacquisition.com www.siteacquisition.com Application Materials RUG-18-2003 13:43 CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O.. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Fax: (851) 439-0574 Street Location of Property Legal Description of Property Owner: Name Address: • - 160011P: Subdivision: Minor Owner/Applicant Initials CITY OF OPH Comprehensive Man Amendment Dezcription of Requesge): 6;7 Telephone: (Home)4,10 (Fax)6 iaL (Other) Applicant: Name Address: City: P Telephone: (Home) (Fax) Type of Request(s) Zonin1 Elittridit Aramdment Conditional Use Permit Variance: Single Family Residential Variance: Other nesidentialitornmeidal/Industrial Subdivizion Other) Base Fee: Escrow Amount; State:VAI Zip: sine* State: Zip: (Business) f(.0 Horne Occupation site. Plan Reviaw PUD: Amendment PUD: Concept Plan PUD: General Plan Street VaerVion City Financial AvOsrtoncp. P.03/11 N If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe it below: .. • • . • • • . • • . • „.„ • • , • • • • ••••• ,••• • RUG-19-2003 13: 43 aevatopment 1ppIEcxidQn. Page 2 Property Adder Z abed 1AI j :6 6QZ/g/6 O.. 9696. Z I9 VJO CITY O' OPH 04/11 Application Revue The undersigned solcnowkKlges that twiritWe this request can be consider armor approved_ all required Information and fees, including any depoeits, must be paid to the Cam. An incomplete application will be return to applicant, The application approval process commences and an application is consider complete when all required information and fees ant submitted appropriately to the City. Proteosionsi Fo. Raeponsibility It Is the understanding of the undersigned that all City incurred professional tes and expen ssociatecl with the procesaing of this request(s) will paid upon receipt. If payment is not from the applicant. the property otNtrier and agrees to be responsibks for the unpaid fee balance either by direct payment Qr a special assessment again the property Applicants will b billed on a monthly basis for Planning, Engineering. mat and Community Development fOtes as they are ��. Failure to play administnAtive and proceas ng fees in a tidy manner may mutt in denial of tho application. All fees must be paid tat he time cif app1icalior and fill be pald prior to the issuance of a building perms, Ihe undersigned applicant further acknowlecigm and consents that all unpaid fees owing the City of Oak Park Hem shall be treated as unpad utility fees and may tie gettifle1 r c011oCtIon as with delinquent utility billings and may ainst the subject real property if unpaid by October 31 of each yar. 2 + d 9008-913.17-219 Geflterai Condilionei 7e. 0 10 :80 CO S9 daS Nextel License Federal ComnincligatiOna COMA1111e104 Gettysburg. PA 17325 -7345 L,kmu N me: ONECOMX CORPORATION NA ReeIo Servlco; Y f TRUNKED SzlRS Cell Siam WPEE791 Frequency Advisory No. /Service Area; ON ECONM CORPORATION NA NEXTEL COMMUNICATIONS INC 1505 FARM CREDIT DR MCLEAN VA 22102 Emission De e i gnartor Frequencies (MHz) Station Clear Ground Eleve Antenna Latl %Ida r ' C / • • • • • ■ . ■ O ■ . • • • a O O O • L Lr. +'. .. • •. ■. ►... .i / •• • ■. `... .' • FCC 1.0. 851. DDODO -7S2J i400 b 2OK0 2D 866.00000 i ! 1 20K0F3E . ` 1 2 D1CDW7W • 806 . DD1DOFK1J 1999'31 20K0F2D 82: .00000 _. I 20KOP3E 1 2OKDW7W i SDG . 00000 1O 5999 201COF2D g 821.00000 a i s 2OKOF3E g v - 8 i ! 20 K 0 w 7 w r o EA OF OPERM ICS' a ITS G: US STMEWIDE • � a 601 ONTOL PO I NTS : 1201-F43B-1400 N ONT OL POINT PHpNE: r i 0 a 4 0 P EdI AL COND t • DMly NOTE $ B i O $ c A AC #35 "UT�HORIZE ' � � � � � � ���� NC�N IiiTERFERE16 a e E e p i S E E AT s S'ACBD #14 a a i i E a y 1 B g FEDERAL COMMUNICATIONS COMMISSION RADIO STATION LICENSE File Humber, 9606D041163 NC �• 150.000! 35.000! 35.000i REGULATORY STATUS: CMRS 1000 35.000 s 35.000 g a l 4 v g r e 8 E E TATON CLASS Si FFIX ' C INTERCON tECT e q TA1 I ON CLASS SUFFIX J TEMPORARt WITH IN7iERCONNEC11 6 TAT I ON CLASS SUFFIX = K STAND° EV 1 W ITT I NT *C ONNECT TA ON CLASS SUFFIX I L w ITINERANT ■ WITH INT'ERCONNECZ E i Y B 8 A • ° ; v • j i he .atitude /10 fitude are authors y ed in NoAh American Dettim 192h ddii'tiona11y, , to antBnnal height t4 tip, grc ind elevation , vuvr anil a;cr perrtion units Ore thtzed in " etric ® ! ' r � e ► � 8 e s 8 t . q a, ■■ a tl s•• L o � a 8 g + o v . 6 � � 9 i e a i B 6 �" �j 1� �'�'! 8 E ]!IS$IO /1 DESIGN Cliff CONVERTED N NF Ey • T R �� � � ♦ �� �� �ILI� �� r6 �`� ET DUT IN PART 2 OF HE bOMMISS IO*'S RULES .i L ° a� /�a PAGE License issue Dm: 09/13/1995 Liner1Se Expiration O&M 09/13 /2001 960814)! 5 1 IA a a q• ■.■ v• P � • P (NAD27 )=m area 0 Pager® . Antenna, Longitude 1 OF ISM 3. This euthbrizetion become invalid and rust be returned to the Commission If the stations ere not placed in operation within eight months, unless en extension of time i es been granted. EXCEPTIONS: 1) AOO MHz trunksd and certain 900 MHz station licenses cancel auto iatic•lty ■ 1 ■ if not constructed within 1 year 23 IVDS authorizations the cancel if ervice is not ad. available In accordance with Section 3L033(.) of the Commission's Ames III There are no time limitations for ? lecing_GNII S stations in operation. Summary And Narrative Overview Applicant: Agent: Property Owner: Site Owner: Applicant's Interest in the Property: Address of Site: Existing Zoning: Entitlements Sought: SUMMARY Nextel Communications, Inc. 400 W. Grand Avenue Elmhurst, IL. 60126 Attn: Mr. Tim George Telephone: (630) 379 -5700 Site Acquisition Consultants, LP. 655 First Bank Drive Palatine, Illinois 60067 Attention: Steve Katkov Telephone: (612) 849 -0203 Anchobaypro, Inc. PO Box 119 Stillwater, MN 55082 Attn: Mr. Tim Nolde Telephone: (651) 430 -3891 Xcel Energy 1971 Gateway Boulevard Arden Hills, MN 55112 -2750 Attn: Mr. Tom Breuckman Telephone: (65i) 634 -7837 Leasehold Site Number MN225NOPH 13735 - 60 Street Stillwater, MN 55082 Parcel No. 05-029-20-11-0040 Commercial Business District Conditional Use Permit and any other approvals required for the proposed Personal Communications Service (PCS) facility located at the above address on behalf of Nextel Communications, Inc. 1. BACKGROUND NARRATIVE OVERVIEW Nextel Communications, Inc. ( "Nextel ") seeks a Conditional Use Permit and any other necessary approvals to locate a Wireless Telecommunication Service Facility within the city of Oak Park Heights (the "Wireless Facility"). Specifically, Nextel seeks approval to install antennas on the existing public utility lattice tower (Structure #11) owned and maintained by xcel Energy, and to install a pre- fabricated concrete equipment shelter near the base of the tower, all on real property owned by the Anchobaypro, Inca (f /k /a the Haase farmstead) located at 13735 - 60 Street, Oak Park Heights, MN 55082 (the "Subject Property "). The existing public utility lattice tower is subject to an easement agreement that runs with the land in perpetuity. Nextel, based in Reston, Virginia, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all- digital, wireless network in the country. The Nextel 4 -in -1 service—Nextel Digital Cellular, Direct ConnectTM, Nextel Mobile Messaging and Nextel Online®—covers thousands of communities across the United States. Nextel and Nextel Partners, Inc., currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. The regional system is operating under the name of Nextel and is part of an integrated nationwide network of coverage. Pursuant to the 1996 Telecommunications Act (the "TCA "), Nextel, among other companies, was selected by the Federal Communications Commission (the "FCC ") to develop wireless communications systems within the United States. These new generations of wireless systems, digital in nature, allow greater communication opportunities for consumers. The FCC has stated that such communication options enhance the quality of life for all citizens. The FCC has exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from PCS facilities and primary jurisdiction over the regulation of radio signal interference among users of the radio frequency spectrum. Nextel and all wireless companies are allocated radio frequency spectrum to avoid any risk of signal interference. The TCA defined the balance between federal, state and local responsibilities in telecommunications. Congress designated the FCC as the primary entity responsible for rules and regulations related to the entry into and the offering of interstate telecommunications services. Under the TCA, local units of government have the right to make traditional land use judgments regarding the location, height and design of telecommunications facilities. However, local units of government cannot regulate telecommunications facilities in a way that prohibits the provision of wireless telecommunication services. Local governments must also refrain from discriminating among telecommunications providers. Nextel has worked diligently with local units of government throughout Minnesota to construct telecommunications facilities that meet the needs of its PCS system, as well as the aesthetic and safety requirements of local jurisdictions. 2 SITE JUSTIFICATION AND DESIGN The Wireless Facility is necessary in order to provide uninterrupted PCS services to your community, including services such as wireless telephone service, voice paging and wireless data transmission. Nextel's PCS technology operates at various radio frequency ( "RF ") bands between 806 and 866 megahertz and utilizes a digital wireless voice and data transmission system. This technology promises to provide consumers with enhanced service (including greater sound clarity and privacy) as well as new services not currently available under some traditional analog cellular systems. Like traditional cellular phone systems, PCS operates on a "grid" system, whereby overlapping "cells" mesh to form a seamless wireless network. The technical criteria for establishing cell sites are very exacting as to both the height and location of the Wireless Facility. Within the Oak Park Heights area, cell sites are generally located approximately three (3) to six (6) miles apart. Based on a computerized engineering study which takes into account, among other things, local population density, traffic patterns and topography, Nextel's engineers have identified the need for a PCS site in Oak Park Heights. The Subject Property is within the geographic area in which a wireless facility must be located in order for it to function as an integral part of the larger Nextel PCs network. The Subject Property was selected based on its satisfying RF criteria (including antenna height) and Nextel's review of local land uses and site availability. specifically, proximity to Oak Park Heights residential and business enclaves and the major roadways traversing the area are relevant siting criteria. Moreover, the city encourages the use of existing structures for co- location in its zoning code. 3. DISCUSSION The Subject Property is zoned Commercial Business District Pursuant to the Oak Park Heights City Code, Section 1410 (An Ordinance Regulating the Placement of Telecommunications Towers and Antennas), Nextel has made application for Conditional Use Permit approval to install up to twelve (12) panel antennas atop Structure #11, and to install a pre - fabricated equipment shelter near the base of the Structure #11. The antennas would be connected to the top of Structure #11 by installation of an antenna - mounting frame, but the antennas would not extend more than fifteen feet (15') above the structural height of the tower. The equipment shelter, housing radio frequency electronics, HVAC and batteries for auxiliary power, would be set on concrete footings to the west of the tower within an area under lease with the owner of the underlying real property. The City Code allows -in point of fact, encourages—co-location of wireless communication antennas on existing support structures, whenever feasible. See §1410.030(2); §1410.060(1) (1). The proposed design accounts for all performance standards of the City Code. See §141OO6O The proposed design also meets the requirements for co- location within a business district. See §1410.040(B). The Wireless Facility would not be staffed, and, upon completion, will require only infrequent site visits (approximately one time a month). Access will be provided to the Wireless Facility via 60 Street and a gravel driveway to be installed from 60 Street to Structure #11 within an area under lease with the owner of the underlying real property. Hence, the Wireless Facility will not have any material impact on either traffic or storm water control. The Wireless Facility is entirely self-monitored and connects directly to a central office where sophisticated computers alert personnel to equipment malfunction or breach of security. Moreover, no nuisances will be generated by the Wireless Facility. In general, PCS technology does not interfere with any other forms of communications. To the contrary, PCS technology provides vital communication in emergency situations and will be commonly used by local residents and emergency personnel to protect the general public's health safety and welfare. The Wireless Facility would be designed and constructed to meet applicable governmental and industry safety standards. Specifically, Nextel will comply with all FCC and FAA rules regarding construction requirements, technical standards, interference protection, power and height limitations, and RF standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC. 4. CONCLUSION Nextel is under rigid time constraints, and consistent with applicable law, we respectfully request this application be processed as expeditiously as possible. Please note that Nextel expressly reserves all of its rights and claims, including, without limitation, those available to it under federal law. Without limiting the generality of the foregoing, no waiver, admission or agreement shall be inferred herefrom and no filing of any application for any permit (including, without limitation, any building or other permit), license or approval or any other action heretofore or hereafter taken by or on behalf of Nextel shall be construed as a waiver or limitation of any right or claim of Nextel. LEGAL DES Tracts A and B, Registered Land Survey No. 114 Torrens Property [certificate of Title Number 57414] Parcel No. 05- 029 -20 -11 -0040 Standards for Issuance of A Conditional Use Permit STANDARDS FOR ISSUANCE OF A CONDITIONAL USE PERMIT The proposed Nextel antenna installation conforms to the following criteria used generally in evaluating requests for conditional use permits: ® Factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances. Response: Antenna installations do not generate noise, glare, odor, vibration, dust or other nuisances. Adjacent uses will be unaffected by the operation of the proposed installation. The antennas do not emit hazardous radio waves of any kind, nor do they create electrical interference to nearby property owners. The company consistently maintains its antenna installations to ensure design and structural integrity, as well as general appearance. Nextel is insured against all such risks. LI Fire and safety hazards. Response: Antenna installations do not create fire or safety hazards. The proper electrical functioning of such installations is remotely monitored to provide a safe environment. These installations are also maintained to prevent the unauthorized entry of any persons other than company service personnel. PCS signals do not interfere with any other from of communications, whether public or private, or in any way endanger the public health, safety, morals or general welfare. Wireless telephones provide an alternate communication system which has repeatedly proven its effectiveness in emergency situations and is commonly being used by police and fire departments to protect the general public's health, safety, and welfare. Li Existing and anticipated traffic conditions. Response: The proposed antenna installation will not cause a traffic hazard or congestion for vehicles. It will not interfere with the delivery of essential services to residents or businesses. Moreover, the installation can be easily reached via the 20 -foot wide access easement from 110 Street to the site. Ca Parking facilities on adjacent streets and land. Response: The proposed antenna installation does not require separate parking facilities on adjacent streets. Use of existing parking will be adequate parking for the routine inspections made by company service personnel. CI The establishment of the conditional use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district. Response: Nextel has been sensitive in designing a wireless facility that will minimize the impact on the surrounding property. The Wireless Facility will be compatible with the existing environment and will not disrupt any future development of the area. Due to its location on an existing structure, the Wireless Facility will not impede the normal and orderly development and improvements of surrounding property for uses permitted in this agricultural zoning district. Ci The effect on surrounding properties, including valuation, aesthetics and scenic views, and uses, character and integrity of the neighborhood. Response: The proposed antenna installation creates no adverse impact for adjacent properties. Nextel has strived to design an installation that limits the size and complexity of the antenna installation by selecting "whip" antennas rather than panel antennas and has selected an aggregate finish for its equipment shelter to blend into the surrounding landscape and to have no adverse impact on the value or livability of neighboring properties. ® Consistency with the Comprehensive Plan. Response: The general purpose of the Comprehensive Plan is to ensure the public health, safety, and general welfare. The placement of the proposed antenna installation furthers that goal. It complies with the zoning requirements of Ordinance No. 124. Through the passage of the 1996 Telecommunications Act, Congress sought to increase telecommunications options for all citizens. The placement of an antenna installation in this vicinity improves the general welfare and quality of life of its citizens and visitors. CI Impact on governmental facilities and services, including roads, sanitary sewer, water, police and fire. Response: The Wireless Facility, monitored remotely by sophisticated electronic means, will not create a burden of any kind on county services or the public infrastructure. The installation will be accessible to public services by vehicle; however, no public services will be necessary to operate the facility. The company wilt ensure the proper functioning of the installation and maintain it according to all applicable local, state or federal building codes and its own stringent requirements. No drainage, sanitation, refuse removal, parks, library, or school services will be necessary for this facility. Existing police and fire protection are more than adequate to provide security for the facility. ® Effect on sensitive environmental features, including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils. Response: The proposed antenna installation will have no impact on the particular environmental features of the Township. The Wireless Facility would not be placed in a sensitive soil, wetland, floodplain or shoreland district. Due to the diminutive size of the proposed equipment, it will not have an adverse effect on the surrounding properties nor the character of the area. Easement Agreement With Owner of Underlying Real Property (Above space reserved for recording information) THIS EASEMENT AGREEMENT ( "Easement ") is made and entered into as of the day of August y 8 2003, by and from Anchobaypro, Inc., a corporation under the laws of the State of Wisconsin, having an address of 775 Green Trig Way, Stillwater, MN 55082 (hereinafter referred to as "Grantor"), to Nextel West Corporation, d/b /a as Nextel Communications, Inc., a Delaware corporation, having an address of 2001 Edmond Halley Drive, Reston, VA 20191-3436 (hereinafter collectively referred to as "Grantee "). WHEREAS, Grantor is the owner of a certain tract of land situated at 13735 — 60"i Street North, in the City of Oak Park Heights, Washington County, State of Minnesota 55082, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "). WHEREAS, Grantee has entered into a Site Lease Agreement, dated August 10, 1998 ( "Site Lease Agreement "), with Xcel Energy ( "Lessor "), to place antennas and transmission lines upon the high-tension power line lattice tower owned by Lessor, and an equipment shelter at the base of said lattice tower, which lattice tower is located upon Grantor's tract of land as described in Exhibit A attached hereto ( "Leased Premises ") and is more particularly described in Exhibit B attached hereto and incorporated herein by this reference. WHEREAS, Grantee has requested of Grantor, and Grantor has agreed to convey to Grantee, an easement for purposes of ingress to, egress from and access to, over, across and along the property described in Exhibit C attached hereto and incorporated herein by this reference (the "Easement Area ") for the purpose of serving the Leased Premises as described herein, including all access and utility easements necessary or desirable therefor. NOW THEREFORE, for and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Grantor hereby grants, bargains, sells and conveys unto Grantee, Grantee's agents, employees, contractors, subcontractors, licensees and/or invitees, the right, title and privilege of an easement over, across and upon the Easement Area. Grantee shall have the right to use the Easement Area for the purposes herein specified, twenty --four (24) hours a day, seven (7) days a week, year- round. This Easement, and other rights and benefits herein created, are non - exclusive and Grantor hereby reserves the right to grant other easements or privileges to such other persons for such other purposes as Grantor may reasonably elect. This Easement is hereby created for the benefit of, and as an easement appurtenant to the Leased Premises for the benefit of Grantee, its agents, employees, licensees, invitees, successors and assigns. The Easement Area shall be used for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and/or removing equipment necessary to serve the Leased Premises. Neither this Easement nor the rights or privileges herein granted shall be dedicated to the public without the prior written consent of both the parties hereto or their respective heirs, legal representatives, successors or assigns. Neither party shall interfere, nor permit any interference, with the other party's rights or privileges herein granted. Grantee, at its sole cost and expense, shall pay for all costs of construction directly related to its use of the Easement Area. Grantee shall have the right to use so much of the surface of the Easement Area and areas of the Property immediately adjacent to the Easement Area as may reasonably be necessary to construct, install, maintain or remove any improvements within the Easement Area, provided that Grantee shall restore, at its sole cost, any area of the Property so used after completion of such work. Grantor, at its sole cost and expense, shall maintain the Easement Area in a good condition, consistent with Grantor's customary use of the same; provided, however, that in the event Grantor fails to maintain the Easement Area in the condition set forth herein, Grantee shall have the right, but not the obligation, at its sole cost and expense to cure such failure. Grantor shall not relocate the Easement Area without the prior written consent of Grantee. Grantor hereby binds itself, its successors, assigns, heirs and legal representatives, to warrant and forever defend this Easement, and the rights granted unto Grantee, its successors and assigns, against every person whomsoever lawfully claims a right to the same or any part thereof. This Easement shall run with the land and shall be binding upon the parties' successors and assigns and all subsequent owners of any portion or all of Grantor's Property or the Leased Premises. This Easement, and the rights and privileges herein granted, shall be for a term coinciding with and for the duration of the above-described Site Lease Agreement, including any renewals thereof and shall, without any further action on the part of Grantor or Grantee, commence upon the date of commencement between Lessor and Grantee under the Site Lease Agreement (the "Term Commencement Date ") and terminate immediately upon the termination of said agreement in accordance with the terms and provisions thereof. Any modification or other termination of this Easement shall become effective only upon the recordation of a written instrument executed by Grantor and Grantee in the office of the Register of Deeds of Washington County, Minnesota. Grantee will carry, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for the replacement cost of its property located in the Easement Area; (ii) commercial general liability insurance with a minimum limit of liability of One Million and No /100 Dollars ($1,000,000.00) combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. Grantee will name the Grantor as an additional insured under its commercial general liability policy. Notwithstanding anything in this Easement to the contrary, with respect to all loss, damage, or destruction to the insured party's property (including rental value and business interruption) occurring during the Term, Grantor and Grantee hereby release and waive all claims (except for willful misconduct and negligence) against the other party, and against each of the other party's employees, agents, officers, and directors. Grantor and Grantee will make a reasonable effort to include in their property insurance policy or policies a waiver of subrogation provision whereby any such release does not adversely affect such policies or prejudice any right of the insured party to recover thereunder. Grantee agrees to indemnify, defend and hold Grantor harmless from and against any direct injury, Toss, damage or liability, cost or expense (including reasonable attorneys' fees and court costs) resulting from its use of the Easement Area or the breach of any provision of this Easement, except to the extent attributable to the negligent or intentional act or omission of Grantor, its employees, agents or independent contractors. Grantor agrees to indemnify, defend and hold Grantee harmless from and against any and all direct injuries, losses, damages or liabilities (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from the act or omission of Grantor, its employees or agents, or the breach of any provision of this Easement, except to the extent attributable to the negligent or intentional act or omission of Grantee, its employees, agents or independent contractors. Grantor's obligations under the Easement are contingent upon its prior written approval of the architectural and engineering design drawings for Grantee's use of the Easement Area. This Easement shall be effective on the date of full execution hereof ( "Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as described above ( "Due Diligence Period"), Grantee shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests ") that Grantee may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Leased Premises. In the event that Grantee determines, during the Due Diligence Period, that the Leased Premises are not appropriate for Grantee's intended use, or if local, state or federal agencies deny any permit or license necessary for Grantee's intended use of the Leased Premises, or for any other reason, Grantee decides not to commence its tenancy of the Leased Premises, then Grantee shall have the right to terminate this Easement without penalty upon written notice to Grantor at any time during the Due Diligence Period and prior to the Term Commencement Date. Grantor and Grantee expressly acknowledge and . agree that Grantee's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Grantee shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph), prior to the Term Commencement Date. Landlord waives any lien rights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ( "Collateral ") with a third party financing entity (and may in the future enter into additional . financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. Tenant may assign this Agreement, or sublet or license the Premises or any portion thereof, which shall be evidenced by written notice thereof to Landlord within a reasonable period of time thereafter. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth above, This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant 0) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Grantee shall pay to Grantor as rent the amount o per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Grantor at PO Box 119, Stillwater, MN 55082; Attention: Tim N olde. All of Grantee's monetary obligations set forth in this Agreement are conditioned upon Grantee's receipt of an accurate and executed W-9 Form from Landlord. Rent shall increase on each anniversary of the Term Commencement Date by an amount equal to three percent (3 %) of the Rent then in effect for the previous year. IN WITNESS WHEREOF, this Easement has been executed and delivered as of the day and year first above written. STATE of /rte `'7 0 rij } ss. COUNTY OF WA-5H— ) on /l ?e before me, , Notary Pubtlic, personally appeared 7 t7f � C personally known to me to be the By: persons whose names are subscribed to the foregoing Print Name: instrument and acknowledged to me that they Its: President executed the same in their authorized capacities, and Dated: that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness m. 4 • nd and lc' :1 seal. NO ARY Public, State of My commission expires: Ad .0&A8AL Tww WeirrirlOWWWWWWWWWww MAGOI LEDUC NOTARY PUBLIC - MINNESOTA My Comm. Exp. Jan. 31. 2005 GRANTOR: Anchobaypro, Inc., a corporation under the laws of the S . to of Wisconsin Timothy Nolde , 2003 STATE OF } ss. COUNTY OF } On before me, , Notary Public, personally appeared , personally known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his authorized capacity as Area Network Vice President - Midwest, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. NOTARY Public, State of My commission expires: GRANTEE: By: Nextel West Corporation, d/bla as Nextel Communications, Inc., a Delaware corporation Print Name: Jocelyn Prochilo Its: Senior Director of Site Development Dated: , 2003 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The Property is legally described as follows: TRACTS A, B, AND D REGISTERED LAND SURVEY NO. 114. Street address: 13735 — 60 Street North, in the City of Oak Park Heights, Washington County. State of Minnesota 55128 Property tax parcel number: 05- 029 -20 -11 -0040 Property type: Abstract X Torrens [Certificate of Title Number 57323] LEGAL DESCRIPTION OF LEASED PREMISES EXHIBIT B This instrument drafted by: When recorded, return to: N cxtcl Communications, Inc. 400 West Grand Avenue Elmhurst, IIlinois 6012( Attn: Contracts Coordinator EXHIBIT C LEGAL DESCRIPTION OF EASEMENT AREA EXHIBIT C Propagation Maps Memorandum of RF Engineer N or.• • Off • To all concerned, The location of the Nextel Communications proposed site MNO225 Oak Park Heights will provide needed outdoor and in-building coverage in the city of Oak Park Heights, MN. Outdoor level coverage will also be solidified in the surrounding area defined by Hwy 36, CR 5, and SR 95. As the Radio Frequency Engineer assigned to design and analyze this site, I have performed evaluations considering several factors including existing structures, terrain, foliage, and building density. Current coverage in the areas stated above is below standard levels for Nextel Communications. Existing Nextel Communications coverage—such as it is—is provided by two wireless facilities. The first such facility is located across the St. Croix River in Houlton, WI. The second such facility is located roughly three miles west of the proposed location along Highway 36. Due to the distances and varied terrain between the proposed site and these existing sites, appropriate coverage levels cannot be obtained without the new transmitter location of the proposed site in Oak Park Heights. Sincerely, Michael J. Tamboli RF Engineer WI and MN Markets Nextel Communications 20900 Swenson Dr. Suite 550 Waukesha, WI. 53186 Fax: 262-513-2166 Aerial Photo of Site Location Map R21W =OW RIM r ---- " ---- 7 / . i J t T32N ; f 127N 0 RIM R21W MOW Vicinity Map Seale in Feet 278 Ttel drroma Ea OM mut of a cc...Wu.. and repro... al land words as they radairaWasf.aton County onkel. 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WEIGHT ±5X 10,500 LBS. 16,250 LBS. 18,750 LES, 17,750 LOS. 10,000 LBS. I 15,000 LBS. 17,500 LBS. 16,600 LBS, MODEL NUMBER • XPN12E09 /NR XPN12209 /1FR XPN12209 /2FR XPN12209 /2FR /UNI , XPN1D209 /NR XPN10209 /1FR XPN10209 /2FR I XPN10209 /2FR /UN1 9NIPM elH I NJ-NON 2 HR FR 2 HR FR NON-FR 1 HR FR 2 HR FR 2 HR FR , SHELTER SIZE .02 x .21 .02 x .0I T 12 ) o Ld JJ 0_ CLZz <22 W E 0 0__ Ld U w JP Up J Z w W Z W I— X LLJ z W z D 1.1 ii Do PA ii. CL Z cu z 4 A H 1i1 �c) -j 0ZF ---ltd W PA o � C7_. r� a_ © H 0C Ld co j 0if ,, F- Az�� J ©© Z Q W liJ J J 1 J J 1 W Z A •4LLUD - [fir. -.-, ZQF az © W�ZH NW� H ]SL) ,<" U V!d-{i 4 A.J � wce m 0 , , W H0 F-- Z "f/) U ]A - -I Q t Q U.. D'-'Ldt W� U W C� Z Z AU mW 6L1 CD Z \ ©� wJeU0 C2. LL '0PWY -F-W0_ 1-DDQZ 11— CU,1/4,9,ACU©NUL) zA r J J JO tC ZW Ai1YZ J „,,WD 4A0 3t„Ds�7�� F- PA 0_10 OHU Z Z 01 F- �WF 4"J ZWU0,10 0 4 P71 o W 1* z W Z 1' C4 q 00 W U\ ck a p CD I LO ( J L,J 1---1 • Z J U D Ci (4 - i Lf 13 z I-1 (:=2 J P4 W Z W (4 4 Z Q p Z Q ~ V) 0 U # U W 4 W 4 z I-- 0 4: I Q J PQ 0 4 W I— <1: C3 H f E V J log 1 z 1' rti 7 LL.1 (1) F 4 0 a 1 ,Y` W W (/) ! 0_ X z 4 f L_ z f - U W 0 u_ J 7 m od5 pq tY _ W W w n W L V) CY 0 W 4 A 7 W XP-N-00-00-MN PROJECT INFORMATION (REV. B - 06/02/03) LIGHTWEIGHT SHELTERS NATIONAL PROjECT XP-N-30-00-0 CABLE LAYOUT (REV, B 01/27/03) COMMUNICATIONS DATE= 05/12/03 DESIGN 423 - STANDARD CERTIFIED ACAD SITE—MN—TED DRAWINGS Updated Codes Registration No. PLOT SCALE= DESCRIPTION EQUIVALENT LOCAL JUR EXTERIOR= EXPOSED AGGREGATE (2 SHEETS CUSTOMER !iiii 3 J Z <0 U CL, J 0 z El U J 3 33 3 ) N v ca W 1- 4 v X A W F- 6 A 1 N ca U A W F- R U z 0 J L.� W X W 1- H ('? ilk A W F- Q Fl 0.. P4 E r /1 W Fd W Q A CLF M C7 W h- A ADDED ITEM itE23, NOTES [ PLOT SCALD 2' INCOMING POWER STANDARD SIZE LIST DESCRIPTION F --atif rsu 3 ►OQ ,d. 8,9 8, 9 L-- ►9 8,9 CO CO I 1 tp 1 1 "T' TELC❑ I -.E . I - ►e 11111:21. 1--.E LENGTH EMIR WIZEN , W . WIDTH • 8-11 6 -.TT 2 -.OT .I -.OT • •1u MODEL NUMBER XPN12209 /NR XPN12209 /1FR XPN122O9 /2FR XPN12209 /2FR /UNI XPN1O209 /NR XPN10209 /1FR i XPNIO209 /2FR XPN10209 /2FR /LINI SHELTER SIZE .OZ x.21 .02 x .DT !iiii 3 J Z <0 U CL, J 0 z El U J 3 33 3 ) N v ca W 1- 4 v X A W F- 6 A 1 N ca U A W F- R U z 0 J L.� W X W 1- H ('? ilk A W F- Q Fl 0.. P4 E r /1 W Fd W Q A CLF M C7 W h- A ADDED ITEM itE23, NOTES [ PLOT SCALD 2' INCOMING POWER STANDARD SIZE LIST DESCRIPTION W r-� W r II i .Rr NOIldO d 0 2 J 2 0 W 5 a a 0 0 J H W 1 L►J W JF3 0 117 1 i L-� 1 ' € L_ L 0 L n 0 NOIldl7 L W 0 V 1 W H W (4 F--i W z Is rrr��- c W z 2 _ >„ as W CI 1i W Q A w 7 n d 7�- Ix1 >- p4 W to W F-° A ]-- 0 7 LL 0 w 0 A � f3GRlWQ „� � q � 2 H � w l� d t 0 W � NW a J QTR A p Q W W Q v 0 d S�p is ,-i A J Q bo ¢ 1 - - 0A pa�1�i1 LJO '-`[l 1,1J f QL7�❑ Ji �L Ll 0' ]W a QF- 0<JLO z WU � �y s W �La7 2W 0U W �iLC]r 1.--111 ao � ¢ � y cl b cE U Ao iLW A � U 0- �LJR rnt 2riz;�Z �c� d L�� 0r' ZQ2aOC15i/j�.0o0 -�oDo W i�C3 WQ�Qr- sk- .,.1[L \J�2 �F- rJp„v7QC]¢ Q��1L7 z Q W t7 J 0 J C13 Tit R Tr PG L) it A A Q N isJ we ZU La. i 1 Rf]G ) A r ©Le 2 ¢ CL J ¢ W >- tL A J z NLJ! LdO L :....! D000 0000 0000 0000 C7 Q CJ] CU 14: H w x A Z 0 0 0 0 m� 11 If LI J OG H V J H W fi x ` Z a. z ❑ Z 0 A W A fL ❑ U r- N A W A CL ❑ tr, W I- A qa 7 Z 0 a. a 0 W W W ce N 0 N W A A 2 0 }- s� Lai fL' 0 : : ): , ; ! _ 0 1 . 0 0 ..,.." 4,j, '-. •0 0 .. ■ • , 1 i 0 • , - - , T . L . z Q W t7 J 0 J C13 Tit R Tr PG L) it A A Q N isJ we ZU La. i 1 Rf]G ) A r ©Le 2 ¢ CL J ¢ W >- tL A J z NLJ! LdO L :....! D000 0000 0000 0000 C7 Q CJ] CU 14: H w x A Z 0 0 0 0 m� 11 If LI J OG H V J H W fi x ` Z a. z ❑ Z 0 A W A fL ❑ U r- N A W A CL ❑ tr, W I- A qa 7 Z 0 a. a 0 W W W ce N 0 N W A A 2 0 }- s� Lai fL' 0 H U W X W - y U -J C'7 N (1! N c L 0 Q R 0_ N nit q_ 0 W 1-- FI ]- 0 irQ U N (0 I I 0 0 z 0 w C`4 0 U N J = x 0 yy 0 1II1IIIIU111I PIIUIIII!!IIIIIIII!!!II111II U!IIII 1II1iuIuIiiuui isi� s � `�� � 1 11 y* Idyll Y L . AE 1 w g 3331131111111 g IIIHICIIHIIIIIII !mum mum 1111111111 8 AC 8 0 Y Y Y ▪ L i i 1 E1 ILIENZUCLUCCERKIP INEIRKEINE d d�� 9 5 L!:3 tj i1C 0 m a7 7 v z 2 c = -5 � as a o , W r 2 q U } d ii w f ° ft a_ ': 0 0 a- J u� J 0 = CC V) D �U 0 cn F z ; 7, i, T 0 .Z L Cl C w0 C: -12i --wc,__ ,-,3 ..„ (n a ' g 14 g u„, Id f , W d = r Z s C] 0 s=4 a � �m ca :3 3L4 Cie Lao C H W 0_ •x U 0 Q Q U n 06 0 U Q n 4' I- 6 W z W z C�1 z 0 n 1--- n w 0 CY N w 0 7'- 0 7 o_ d 3 a A n_ 0 0 9 W D 1� o U :cz W ¢ 5 W© Q Z L A 1-0W iY W rw , K = AHW "-' mx • W A 3 U . H-; A >S❑/1pgC z¢zZ o = zZ W X rAU »000 j Ul -wW -- U �- ° J < ❑ J WO ¢� ~ d Z � U ~ O W E ~ U OW Ce ti) ,¢ A J wee Pa (6 W/-W A"-XiAZ ❑ =WZ Z❑ 1 J ZZ W 1 J J ¢ 1.4 01-.}- q m a Z 0 ~ W U ice, Pi.. i _ ❑ 1"WUW1 -- WJZ ¢[Y} N� p--I 2 Ce ❑W C OqQ ceZc. Z,,, =Z MCI- 0 WQ Z0eQ❑t.5 UJWZ OW, 1-1. , =❑ Z W L�} h W WO, (4 W 0 W - 1-- h-° J 1-- I- 1- l� H Z rZ - =ZW UO_MWU UA UWW UW D, ❑ G ©W r ''¢ 4 o Z AWZ 00< ❑Q Jr-r 0 _ 0 r4 F-❑ W W Z Z W U 20 J J J ❑u„W❑ LJ c3WZ = ❑CLAW ❑W J0 J Wt -.,X1- 0vWAI-A 3t.r_00 U<Z 0Z <0 Q al C''i tri .3 1: ai ‹0 8 § r Z ❑Q rL o ww (0 c c W t7] Z �l..f W � Z © W 00 ZI Doh' ZhQ L � (.3 b :: LO) o � x �la1 x{30 F-0 W [a U U W G:1 SZ 1 ¢ W Z A A W W L7 ¢ ❑ U A U CD 0 0 CD z n ix Lr v ❑ W z LI LJ z W Q >- PR 7 W A W 1 W ce n n 0 W ]- A O > 1' S )- 0a W U _ D Z Z UOUQ CC 0 m oo o c W J Z fx W d V �t OM =is1 =WW - o. Z CL *> >=o0W - r _,C Ce < sD z i �� ao 'ILI < od u 3 y ~ >- -� &i< Z } - :DLL DIA 000- W ,uzLT]UU❑ J C L 1 W 0 0 Y LO [CI CC h CCU ¢.1 YM OW VlZ W W 1 d N z CL F-M AJ N o M U WWN = W 0 a =Z <0,9N U wo zz oLo :ono QL, cf) CZ W rte. x r L) ( 1 U A is U O 4 1— [X W A W z L.J Z J 0 PR W R U W CO C7 N c3 W Q A L74 0 aL > w U W 0 ELECTRICAL /HVAC BILL OF MATERIALS VENDOR NO. 'SEE TABLE' 'SEE TABLE' MC97AE -1 33- RSMAR2OCL34 -RS LPX70RWH -DH F032/730 SS232- 120 -EB81 FF32H 31447 #GBIT1442OJ2TPQ 3SL2T# I9# 3292TS0# ., E IiIIIIIIIIIIIIII 4C440 DESCRIPTION INTERGRATED LOAD CENTER / TRANSFER SWITCH -- SURGE 00 TYPE CIRCUIT BREAKERS PER PANEL SCHEDULE 3 TON A/C 5 TON A/C *IVAC MASTER CONTROLLER GENERATOR RECEPTACLE - APPLETON EXTERIOR LIGHT, WATERPROOF, FAIL SAFE, 100V, V/ MOTION DETECTOR EMERGENCY LIGHT 2 HEAD W /EXIT SIGN, SURELITE 4' FLUORESCENT BULB SYLVANIA 32 WATT I LIGHT FIXTURE FLUORESCENT 48' W/ WIRE GUARD - METALUX EXT, LIGHT SWITCH 120V SPILT 15 AMP INT. LIGHT TIMER 2 HR- INTERMATIC WAVEGUIDE ENTRY 16 PORT 4' DIA. W /CAP GROUND BAR 20' X 4' X 1/4' HARDER GROUND BAR 6' X 2' X 1/4' HARGER SMOKE DETECTOR & ALARM GROUNDING STRAP -DOOR HARDER SWITCH MAGNETIC SPDT 30V 250MA ALARM TERMINAL BLOCK 50 SPC JUNCTION BOX 12' X - 12' X 6' DEEP DUPLEX RECEPTACLE 20 AMP DUPLEX RECEPTACLE (OUT DOOR) 20 AMP. GFI V /BOX AND LID HVAC DISCONNECT HYDROGEN GAS DETECTOR (OPTIONAL) EXHAUST FAN 60 CF'M (OPTIONAL) EXHAUST FAN TIMER (OPTIONAL) . PART NO. , 'SEE TABLE' 'SEE TABLE' 48022.55 48028.92 48028.54 48028.60 • I Sfr'0E00 00'8208 48028,30 48027,43 1 '3'0 10'00081' 00 1 MI INI '! !! i 0 83 ME® ©® ___.______ T iii KMKEM 2 bi3 R® I 913 1 T 813 I MIN 1 I 023 I 0 603 ,E.:c-c:1-L: 223 023 L W tY) to tb q En 'SY rn n m c7 u7 0 In 7- ry ca m u7 mot' in Iv m En N .- e U U Yd 1 J w Z fY ❑ U W A J LJ J P4 m 0 Q7 r• 0 4 m 0 m u7 N 9 In 4 ao m In 4 rH n 0 a 0 0 Q na 0 Id 0 0 E,.1 0 to 4 W 0 x 1 1�J to d Co 10 f'7 ca T IL 1 U 1I H LI J h M co N N W Cr) (11 W t L 2 tK L1 A ❑ W z l.s.l r A is 1 13 0 113 w N i rai W I— A 2 o_ 7 14 J Q U I4 J LL MECHANICAL ADDED TABLE, ITEMS in ADDED E26, UPDATED ABOVE WITH ECONOMIZER ABOVE WITH ECONOMIZER HEAT STRIP, 5 TON HEAT STRIP, 3 TON MODEL NO. PART NO. v) WW 0t' W Q= Q) W J ?- L M U Q = W A7 Z D <W CL f/? 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