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Home My WebLink About2018-2856April 10, 2018 The City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 2018 -2856 RE: SITE LEASE AGREEMENT between The City of Columbia Heights, a Minnesota municipal corporation (Landlord) and Sprint Spectrum Realty Company, LLC (formerly a limited partnership), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (Sprint or Tenant), dated August 19, 1996, as amended by First Amendment to Site Lease Agreement dated April 27, 2015 (collectively, Site Agreement), with respect to the real property located at 4633 Ivanhoe Place, Columbia Heights, MN 55421 (Site), Cascade No. MS03XC113 Dear Sir or Madam: 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: Installing new fiber lines through existing and new conduit along existing and new utility routes and installing a small router and network panel in existing equipment enclosures within existing leased space. [See attached site sketch.] Initial Here: site development, archiiecture & engineering, construction 540 West Madison Street, joh Floor, Chicago, IL 60661 T 312.895.4977 F 312.895.4971 www.sacw.com 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. Thank you in advance for your prompt attention to this matter. Regards, By: Jocel Ilod e SAC Wireless, an authorized representative of Sprint Jocelyn Bodges I Specialist Site Development O: 312 -895 -4977 SAC Wireless, 540 West Madison Street, 1711 Floor, Chicago, IL 60661 Jocelyn.hodges @gmail.com I www.sacw.com ACKNOWLEDGED AND AGREED TO: The City of Columbia Heights, a Minnesota municipal corporation -Printed Name: Title: �r/ Email Add ess: /'� 411 fb Le a,r 4 c> Phone Nur-nb er 7 - j Date: 7 201e (D e must be completed) site development, architecture & engineering, construction 540 West Madison Street, 1611 Floor, Chicago, IL 60661 T 312.895.4977 F 312.895.4971 www.sacw.com RICE CREEK WATERSHED DISTRICT COST -SHARE AGREEMENT COST -SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and the City of Columbia Heights. RECITALS WHEREAS, the City of Columbia Heights (Grantee) intends to construct a project titled "Silver Lake Boat Landing Stormwater Retrofits" ( "Project "). WHEREAS, the Rice Creek Watershed District (District) has a cost -share program for the improvement and remediation of stormwater management systems in developed urban environments. WHEREAS, in accordance with Program guidelines, the District desires to provide the Grantee cost -share assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the Grantee agree as follows: I. GRANTEE RESPONSIBLITIES. A. Design Plans and Maintenance Plan. The Grantee will submit (1) final Project plans and specifications, and (2) an operations and maintenance plan, to the District for the Administrator's written approval, not to be unreasonably withheld. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non - structural public education component. B. Construction and Maintenance. The Grantee, through its own personnel and /or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the Grantee will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C. Completion of Construction. The Grantee's staff or consulting engineer will certify the completion of Project construction no later than December 31, 2020. The Grantee will submit to the District documentation of Project expenditures and the certification of completion no later than March 31, 2020. II. DISTRICT RESPONSIBILITIES. A. Cost -Share Funds. To defray the Project cost to the Grantee, the District will provide the Grantee cost -share assistance in the amount of 50 percent of the Project's eligible costs, as determined by the District, with the amount of District assistance not to exceed $33,745.00. B. Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the Grantee that it has obtained all necessary permits and approvals, and receipt of the Grantee's issued notice to proceed, the District will disburse 50 percent of the RCWD Board approved cost -share amount to the Grantee. On District receipt of the 1 certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. C. Contingencies. The District's obligation to provide cost -share funds is contingent on the Grantee's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District - approved plans and specifications by December 31, 2020, and Project maintenance in accordance with the approved maintenance plan. The Grantee will return to the District any cost -share funds already received if this condition is not satisfied. III. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project - related documents is solely for the District's own accounting for funds expended. As between the parties, the Grantee is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The Grantee represents that it has or will secure, at its own expense, all personnel and /or contractors required for the performance of this agreement. No Grantee personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The Grantee agrees to hold harmless and indemnify the District, and its managers, staff and representatives, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the Grantee and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of expenditures will become a part of the public record. Grantee will not claim intellectual property rights in any such information. F. Effective Date. This agreement is effective as of the date all signatures below have been provided. Dated: 1`�r 2018 6� Dated: 1 4 // _�/ 2018 f City of Columbia Heights By: Its: Rice Creek Watershed District Phil Belfiori, ministrator R WD 1,1 RICE CREEK WATERSHED DISTRICT April 16, 2018 Kevin Hansen, P.E. Columbia Heights 637 38th Avenue NE Columbia Heights, MN 551421 Re: RCWD 2018 Urban Stormwater Remediation Cost -Share Program Columbia Heights — Silver Lake Boat Landing Stormwater Retrofits Dear Mr. Hansen, Please find enclosed a fully executed cost -share agreement for the referenced project. If you have any further questions, feel free to contact me at 763 - 398 -3072 or kaxtell @ricecreek.org. Sincerely K e Axtell Water Resource Specialist Enc: Executed Cost -Share Agreement EC1VE1) 'APR 1 g 2018 PUB '-1C WOKS 4325 Pheasant Ridge Drive NE #6111 Blaine, MN 55449 I T: 763-398 -3070 I F: 763-398-3o88 I www•ricecreek.org BOARD OF Michael J. Bradley Barbara A. Haake Patricia L. Preiner Steven P. Wagamon John J. Waller MANAGERS Ramsey County Ramsey County Anoka County Anoka County Washington County