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HomeMy WebLinkAbout2026-09-28 Joint Power Water Board AgendaJoint Powers Water Board AGENDA Regular Meeting of September 28, 2026 Joint Powers WTP 11100 50th Street NE Albertville, MN 6:00 PM Chairperson Engineer Mike Amery, City of Hanover Chris Larson, SEH Board Members Operations Rob Olson, City of Albertville John Seifert, Veolia Gretchen Barrett, City of Hanover Ruth Klick, Veolia Joe Hagerty, City of St Michael Dustin Carlson, Veolia Zach Schoen, City of St Michael Bob Zagorski, City of Albertville 1.Call to Order / Roll Call 2.Approve Agenda 3.Consent Agenda 3.1. Approval of Previous Regular Board Meeting Minutes - Page 2 3.2. Approval of List of Claims - Page 4 3.3. Approval of Investment Report - Page 5 3.4. Approval of Monthly Operations Report - Page 8 4.General Business 4.1. Approval of Well 7 Rehabilitation Quote - Page 11 5.Engineer 6.Operations - None 7.Other Business / Announcements / Correspondence 7.1. Signing AT&T Contract - Previously approved pending Legal - Page 16 7.2. Letter from City of Hanover - Page 43 8.Adjourn Page 1 of 45 Joint Powers Water Board Regular Meeting Minutes August 24, 2026 1.Call to Order. The regular meeting of the Joint Powers Water Board was called to order by Chairperson Amery, on Monday, August 24, 2026 at 6:00 p.m. at the Joint Powers Water Board Water Treatment Plant, 11100 50th St NE, Albertville, MN 55301. Board present: Mike Amery Rob Olson, Zach Schoen, Ryan Gleason, Bob Zagorski Board absent: Joe Hagerty, Gretchen Barrett Staff present: John Seifert, General Manager Staff absent: Dustin Carlson, Plant Supervisor, Ruth Klick, Project Associate Engineering absent: Chris Larson, Short Elliott Hendrickson, Inc. (SEH) 2.Agenda General manager Seifert introduced an additional item to be added at the recommendation of the JPWB TAC to consider participating in a potential Solar Subscription. Gleason moved, Schoen seconded to adopt the Agenda as amended. Motion to approve carried 5-0. 3.Consent Agenda For item 3.1, Member Gleason stated he will need to abstain, as he was not at the August meeting. Zagorski moved, Schoen seconded, Gleason abstained to approve the previous regular board meeting minutes. Motion to approve carried 4-0-1. For items 3.2-3.5, Zagorski moved, Schoen seconded, to approve the consent agenda as presented. Motion to approve carried 5-0. 4.General Business General manager Seifert presented the proposed request to replace seven large meters used to measure raw well water and booster sub-meters. The project description highlights the maintenance effort to proactively replace and upgrade prior to critical failure of the 27 year old equipment. The regular preventative maintenance discovered that 3 of the 7 meters are currently starting to fail as they could not be brought back in calibration. A formal Memorandum of Understanding for the project was presented as the additional work was not included in the regular 2026 Limit Budget for repairs. Approval of MOU for Well Meter Replacement Project. Gleason moved, Schoen seconded, motion to approve carried 5-0. 5.Engineer None Page 2 of 45 6. Operations None 7. Other Business 7.1 - SCADA Spare Parts Sale - Radwell Check Staff confirmed the receipt of the sales proceeds previously authorized by the JPWB of the old SCADA technology parts sold to Radwell International, as excess property from the JPWB SCADA upgrade project completed in 2025. The check was slightly larger than the original quote as the equipment was in good salable order and was received in the amount of $7,494.00. No Action Required information only. 7.2 Solar Credits Contract. General Manager Seifert presented the solar subscription proposed savings opportunity to the Board after receiving direction from the full JPWB Technical Advisory Committee (TAC) on the subject. The community solar savings report exhibit was presented on the proposed power purchase agreement highlighting an annual savings in the amount of $6,726. With a projected 25 year savings at $168,154. After consideration, Chair Amery requested clarification on the referenced JPWB TAC. To which, General Manager Seifert explained the purpose of the JPWB TAC that meets on a quarterly basis to review and recommend technical and monetary recommendations for the Board’s consideration. After further discussion by the Board, a motion was made by Gleason and seconded by Zagorski to approve the Solar Subscription Agreement pending final review by the JPWB attorney. The motion carried 4-1 with Gleason, Schoen, Zagorski, and Olson voting yea, and Amery voting nay. 8. Adjournment Schoen moved, Gleason seconded to adjourn the meeting at 6:25 PM. Motion carried 5-0. Page 3 of 45 JOINT POWERS WATER BOARD CHECK REGISTER SUMMARY MEETING DATE: 9/28/26 Check #Vendor Check Date Amount Comments e CENTERPOINT ENERGY 9/25/2026 $103.10 Aug 2026 Invoices e CITY OF ST MICHAEL 9/8/2026 $491,795.15 Aug 2026 Receipt by Charge e MN DEPT OF REVENUE 9/3/2026 $3,102.00 Aug 2026 Sales Tax e Payment Services Network 9/2/2026 $7,355.88 Aug Credit Card fees e Weber Lawn & Ladscape LLC 9/8/2026 $2,724.00 Aug Invoice #3108 e Xcel Energy 9/1/2026 $45,224.01 Aug Electricity Alyssa/Barry Cedergren 9/28/2026 $118.13 Ref cr bal on 10201 46th St NE Bonyeah Keh 9/28/2026 $162.27 Ref cr bal on 421 Butternut Ln SE Chase/Katrina Mears/Schneeman 9/28/2026 $77.63 Ref cr bal on 11597 8th St NE Christy Hawkins 9/28/2026 $55.08 Ref cr bal on 309 Central Av W City of Hanover 9/28/2026 $97,153.47 Aug 2026 Receipt by Charge David Parsons 9/28/2026 161.87 Ref cr bal on 645 Kadler Cir DeeAnn Platzer 9/28/2026 $94.08 Ref cr bal on 11144 Church St NE Edward Nunez 9/28/2026 $208.93 Ref cr bal 11060 14th St NE GFOA 9/28/2026 $200.00 Membership Renewal Hoff Barry Attorneys 9/28/2026 $1,106.00 AT&T lease agreement Joseph/Kelly Joses/Madruga-Moses 9/28/2026 $195.11 Ref cr bal on 10958 23rd St NE Kelly/Beverly Barry 9/28/2026 $78.54 Ref cr bal on 11491 16th St NE Kindra Davidson 9/28/2026 $84.24 Ref cr bal on 3510 Kalenda Av NE MN Department of Health 9/28/2026 $30,295.00 Single Service quarterly connection fee Paboot/Nicole Sisombath 9/28/2026 $87.70 Ref cr bal on 1333 Oak Ridge St Rebecca/Randall Fox 9/28/2026 $109.10 Ref cr bal on 4510 Mayelin Av NE SEH 9/28/2026 $13,792.61 JPAHS GSR & Pump Station Invoice 516031 SEH 9/28/2026 $576.07 JPAHS 2025 General Engineering Invoice 516032 Stacy/Jonathan Brandberg 9/28/2026 $135.64 Ref cr bal on 11080 20th St NE Steven Flaten 9/28/2026 $175.00 Ref cr bal on 4655 Lannon Ave NE Susan Kemmetmueller 9/28/2026 $117.88 Ref cr bal on 4614 Landmark Dr NE Tray/Rachel Gustafson 9/28/2026 $161.65 Ref cr bal on 4225 Kaelin Av NE Veolia Water 9/28/2026 $109,115.50 Oct Bill Vicki/Tim Hedican-Sime 9/28/2026 $138.69 Ref cr bal on 406 Rambling Creek Cir SE $804,704.33 Mike Amery Rob Olson Gretchen Barrett Bob Zagorski Joe Hagerty Zach Schoen Page 4 of 45 Purch Maturity Certificate Balance Transfers Transfers Unrealized Interest/Balance PMA Date Date Amount Rate 7/31/2026 Purchases Sales in out Gain(Loss) Dividends 8/31/2026 4M Portfolio (Rev Project Fund)3.60% $559,110.36 $1,475,000.00 $4,660.02 $2,038,770.38 4MP 3.62% $1,295,275.93 $4,017.65 $1,299,293.58 CD Latino Community Credit Union 2/28/2024 2/27/2026 $228,000.00 4.75% CD American National Bk & Trst 2/29/2024 3/2/2026 $228,550.00 4.65% CD FirstBank Southwest, GA 9/17/2025 6/15/2026 $243,000.00 3.79% CD Third Coast Bank, TX 9/17/2025 6/15/2026 $243,100.00 3.75% CD KS StateBank, KS 9/17/2025 9/17/2026 $240,600.00 3.86% $240,600.00 $0.00 $240,600.00 CD Minnesota Power EE Crd Union, MN 9/17/2025 9/17/2026 $240,700.00 3.77% $240,700.00 $0.00 $240,700.00 CD Freedom Northwest Crd Union, ID 9/17/2025 9/17/2026 $240,800.00 3.78% $240,800.00 $0.00 $240,800.00 CD Servis First Bank, FL 9/17/2025 9/17/2026 $240,700.00 3.78% $240,700.00 $0.00 $240,700.00 CD Western Alliance Bank , CA 9/17/2025 9/17/2026 $240,800.00 3.76% $240,800.00 $0.00 $240,800.00 CD Consumers Credit Union, IL 9/17/2025 9/17/2026 $240,400.00 3.94% $240,400.00 $0.00 $240,400.00 CD NorthEast Comm Bank, NY 9/17/2025 9/17/2026 $240,200.00 3.97% $240,200.00 $0.00 $240,200.00 CD NexBank, TX 9/17/2025 9/17/2026 $240,800.00 3.79% $240,800.00 $0.00 (240,800.00) DTC Valley Natl Bk Wayne, 4/2/2024 4/2/2027 $244,960.22 4.46% $244,800.88 -$14.86 $244,786.02 CD T Bank NA 6/15/2026 6/15/2027 $240,200.00 4.04% $240,200.00 $0.00 (240,200.00) CD Addition Financial CU 6/15/2026 6/15/2027 $240,200.00 4.03% $240,200.00 $0.00 (240,200.00) CD Flagstar Bank NA 6/16/2026 6/16/2027 $240,400.00 3.98% $240,400.00 $0.00 (240,400.00) CD Bank of China 6/16/2026 6/16/2027 $240,400.00 3.93% $240,400.00 $0.00 (240,400.00) CD Capital CU-ND 7/15/2026 7/14/2027 $200,000.00 4.08% $200,000.00 $0.00 (200,000.00) CD Merrick Bank 7/15/2026 7/14/2027 $200,000.00 4.03% $200,000.00 $0.00 (200,000.00) CD First State Bank of DeQueen 7/15/2026 7/14/2027 $200,000.00 4.07% $200,000.00 $0.00 (200,000.00) $5,585,387.17 $0.00 $0.00 $1,475,000.00 $0.00 -$14.86 $8,677.67 $7,069,049.98 Total Wells Fargo Purch Maturity Certificate Interest Balance Transfers Transfers Unrealized Interest/ Balance Date Date Amount Rate 7/31/2026 Purchases Sales in out Gain(Loss) Dividends 8/31/2026 MM Checking 3.90%$130.84 $130.84 Bond Federal Home Loan 3/2/2021 2/25/2026 $185,000.00 0.90%$0.00 $0.00 $0.00 $0.00 Bond Federal Home Loan 7/28/2021 7/28/2026 $300,000.00 1.50%$0.00 $0.00 $0.00 $0.00 Bond Federal Home Loan 10/28/2021 10/28/2026 $300,000.00 1.60%$0.00 $0.00 $0.00 $0.00 Bond Federal Home Loan 11/1/2021 11/23/2026 $300,000.00 2.00%$0.00 $0.00 $0.00 $0.00 Bond Federal Home Loan 12/30/2021 12/30/2026 $200,000.00 2.00% $199,156.00 $0.00 $0.00 $199,156.00 Bond Federal Home Loan 7/12/2021 7/12/2027 $275,000.00 2.00% $269,579.75 $0.00 $0.00 $269,579.75 CD JP Morgan Chase BK 11/30/2020 11/30/2026 $200,000.00 0.75% $197,890.00 $0.00 $0.00 $197,890.00 CD Manuf & Traders Tr Co 1/20/2023 1/20/2027 $245,000.00 4.00% $244,892.20 $0.00 $0.00 $244,892.20 CD Morgan Stanley Bk , UT 3/31/2022 3/30/2027 $245,000.00 2.25% $242,072.25 $0.00 $0.00 $242,072.25 CD BMO Harris BK NA 7/13/2021 7/13/2028 $245,000.00 1.00% $233,565.85 $0.00 $0.00 $233,565.85 $1,387,286.89 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,387,286.89 CDARS Settle Maturity Certificate Interest Balance Purchases Sales Transfer Transfer Unrealized Interest/ Balance Date Date Amount Rate 7/31/2026 IN Out Gain(Loss) Dividends 8/31/2025 CD CIBC 1/23/2025 1/22/2026 ($ 235,500.00) 3.95%($-  ) ($ -  ) CD Primary Bank 1/23/2025 1/22/2026 ($ 14,500.00) 3.95%($-  ) ($ -  ) CD Bank of America, NA 4/10/2025 4/9/2026 $236,500.00)3.95%($-  ) ($ -  ) CD BOKF, National Assoc.4/10/2025 4/9/2026 ($ 8,654.96) 3.95%($-  ) ($ -  ) CD Heritage Bank of Commerce 4/10/2025 4/9/2026 ($ 166,959.04) 3.95%($-  ) ($ -  ) CD Pinnacle Bank 7/24/2025 7/23/2026 ($ 41,963.49) 4.10%($-  ) ($ -  ) CD Primary Bank 7/24/2025 7/23/2026 ($ 221,000.00) 4.10%($-  ) ($ -  ) CD American National Bank & Trust 8/21/2025 8/20/2026 ($ 112,555.77) 4.10% $116,514.59 ($ (116,514.59) ($ -  ) CD BOKF, National Assoc.8/21/2025 8/20/2026 ($ 149,959.04) 4.10%($ 155,233.40) ($ (155,233.40) ($ -  ) CD First Citizen B&T 10/2/2025 4/2/2026 ($ 243,500.00) 3.73%($-  ) ($ -  ) CD Stifel Bank 10/2/2025 4/2/2026 ($ 56,500.00) 3.73%($-  ) ($ -  ) Page 5 of 45 CD Flushing Bank 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Pinnacle Bank 10/2/2025 10/1/2026 ($ 63,500.00) 3.83%($ 65,336.48) ($ 65,336.48) CD American National Bank & Trust 10/2/2025 10/1/2026 ($ 123,944.23) 3.83%($ 127,528.82) ($ 127,528.82) CD Belmont Bank & Trust 10/2/2025 10/1/2026 ($ 38,856.41) 3.83%($ 39,980.17) ($ 39,980.17) CD City National Bank of FL 10/2/2025 10/1/2026 ($ 23,662.85) 3.83%($ 24,347.20) ($ 24,347.20) CD DL Evans Bank 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Misson Valley Bank 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Modern Bank NA 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Pinnacle Bank 10/2/2025 10/1/2026 ($ 131,036.51) 3.83%($ 134,826.21) ($ 134,826.21) CD Watermark Bank 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Western Alliance Bk 10/2/2025 10/1/2026 ($ 236,500.00) 3.83%($ 243,339.80) ($ 243,339.80) CD Bank of San Francisco 10/23/2025 10/22/2026 ($ 238,500.00) 3.70%($ 244,533.87) ($ 244,533.87) CD Cathay Bank 10/23/2025 10/22/2026 ($ 21,472.09) 3.70%($ 22,015.32) ($ 22,015.32) CD Clear Mountain Bank 11/28/2025 11/27/2026 ($ 78,118.76) 3.70%($ 79,808.60) ($ 79,808.60) CD Union Bank & Trust 11/28/2025 11/27/2026 ($ 236,500.00) 3.70%($ 241,615.91) ($ 241,615.91) CD Wayne Bank 11/28/2025 11/27/2026 ($ 175,381.24) 3.70%($ 179,175.04) ($ 179,175.04) CD Independence Bank 12/4/2025 12/3/2026 ($ 23,472.08) 3.70%($ 23,965.50) ($ 23,965.50) CD Pinnacle Bank 12/4/2025 12/3/2026 ($ 236,500.00) 3.70%($ 241,471.65) ($ 241,471.65) CD Beneficial State Bank 01/22/2026 1/21/2027 ($ 23,347.48) 3.45%($ 23,545.75) ($ 23,545.75) CD Isreal Discount Bank of New York 01/22/2026 1/21/2027 ($ 236,500.00) 3.45%($ 238,508.40) ($ 238,508.40) CD Bank Hapoalim BM 4/2/2026 4/1/2027 ($ 69,131.27) 3.80%($ 69,769.95) ($ 69,769.95) CD Wallis Bank 4/2/2026 4/1/2027 ($ 236,500.00) 3.80%($ 238,684.95) ($ 238,684.95) CD Cornerstone Capital Bank, SSB 4/9/2026 4/8/2027 ($ 33,972.57) 3.73%($ 34,261.92) ($ 34,261.92) CD First Carolina Bank 4/9/2026 4/8/2027 ($ 238,500.00) 3.73%($ 240,531.32) ($ 240,531.32) CD SmartBank 4/9/2026 4/8/2027 ($ 238,500.00) 3.73%($ 240,531.32) ($ 240,531.32) CD Pinnacle Bank 7/23/2026 7/22/2027 ($ 41,963.49) 4.00%($ 41,963.49) ($ 41,963.49) CD Primary Bank 7/23/2026 7/22/2027 ($ 231,751.45) 4.00%($ 231,751.45) ($ 231,751.45) Total $4,515,940.11 $0.00 -$271,747.99 $0.00 $0.00 $0.00 $0.00 $4,244,192.12 RBC Settle Maturity Certificate Interest Balance Purchases Sales Transfer Transfer Unrealized Interest/ Balance Date Date Amount Rate 7-31-26 IN Out Gain(Loss) Dividends 8/31/2026 Cash/MM 0.00% $1,318.98 $1,318.98 Treasury 3.88% $11,526.37 $245,000.00 $17,385.56 $273,911.93 CD Bankunited Natl Assn 1/22/2021 1/22/2026 $245,000.00 0.55%$0.00 $0.00 $0.00 $0.00 CD CFG Comnty Bk Baltimore, MD 8/11/2022 3/11/2026 $245,000.00 3.80%$0.00 $0.00 $0.00 $0.00 CD Mountainone Bk Mass 3/11/2021 3/11/2026 $245,000.00 0.55%$0.00 $0.00 $0.00 $0.00 CD UBS Bk USA Salt Lake City, UT 6/16/2021 6/16/2026 $245,000.00 0.85%$0.00 $0.00 $0.00 $0.00 CD Discover Bk Greenwood, DE 7/17/2019 7/17/2026 $150,000.00 2.45%$0.00 $0.00 $0.00 $0.00 CD Ally Bank Midvale UT 8/4/2022 8/4/2026 $245,000.00 3.45% $244,963.25 -$245,000.00 $0.00 $0.00 $0.00 CD Live Oak Bkg Co Wilmington, NC 10/8/2020 10/8/2026 $245,000.00 0.60% $243,476.10 -$124.85 $681.10 $124.85 $244,157.20 CD Goldman Sachs New York, NY 11/2/2021 11/10/2026 $245,000.00 1.10% $243,013.05 $0.00 $624.75 $243,637.80 CD Jonesboro St Bk Jonesbore, LA 11/27/2020 11/27/2026 $245,000.00 1.00% $242,650.45 -$208.08 $637.00 $208.08 $243,287.45 CD Bank of Old Monroe MO 2/5/2021 2/5/2027 $245,000.00 0.65% $240,822.75 -$135.25 $739.90 $135.25 $241,562.65 CD American Express 2/25/2025 2/26/2027 $245,000.00 4.20% $245,215.60 -$5,102.71 -$31.85 $5,102.71 $245,183.75 CD United Bankers Bk Bloomington 2/28/2025 2/26/2027 $245,000.00 4.20% $245,252.35 -$873.95 $41.65 $873.95 $245,294.00 CD Bankers Bk Madison, WI 3/12/2021 3/12/2027 $245,000.00 0.80% $240,190.65 -$166.47 $727.65 $166.47 $240,918.30 CD Northeast Cmnty Bk White 4/30/2020 4/30/2027 $245,000.00 1.35% $240,107.35 -$280.91 $644.35 $280.91 $240,751.70 CD Morgan Stanley Private Bk 5/17/2022 5/17/2027 $245,000.00 3.35% $243,517.75 $0.00 $276.85 $243,794.60 CD Sunwest Bk Irvine, CA 7/23/2020 7/23/2027 $245,000.00 0.80% $237,140.40 -$166.47 $894.25 $166.47 $238,034.65 CD Farmers & Merchants Bk Berlin 1/28/2022 7/28/2027 $245,000.00 1.60% $238,921.55 -$332.93 $744.80 $332.93 $239,666.35 CD Frazer Bk Altus, OK 8/27/2021 8/27/2027 $245,000.00 0.95% $237,476.05 -$197.68 $830.55 $197.68 $238,306.60 CD Bridgewater Bk Bloomington, MN 9/18/2020 9/20/2027 $245,000.00 0.80% $237,027.70 -$197.68 $882.00 $197.68 $237,909.70 CD Washington Cnty Bk, Neb 3/30/2021 9/30/2027 $245,000.00 1.10% $236,459.30 -$228.89 $850.15 $228.89 $237,309.45 CD Washington State Bk, Iowa 10/19/2021 10/19/2027 $245,000.00 1.10% $236,260.85 -$228.89 $835.45 $228.89 $237,096.30 CD Legacy Bk & Tr Co Rogersville 10/29/2020 10/29/2027 $245,000.00 0.65% $234,518.90 -$135.25 $933.45 $135.25 $235,452.35 CD Unity Bank Clinton, NJ 12/18/2020 12/20/2027 $245,000.00 0.70% $233,536.45 $0.00 $921.20 $234,457.65 CD Drake Bk St. Paul, MN 7/22/2022 1/21/2028 $110,000.00 3.45% $108,824.10 -$322.31 $167.20 $322.31 $108,991.30 CD First Natl Bk Philip, SD 8/21/2020 2/22/2028 $245,000.00 0.75% $232,225.70 -$156.06 $867.30 $156.06 $233,093.00 Page 6 of 45 CD Signature Bk of Ark Fayettville 2/24/2023 2/24/2028 $245,000.00 4.70%$0.00 $0.00 $0.00 $0.00 CD First Fed Svgs & Ln Assn Lakewood 8/6/2020 6/30/2028 $245,000.00 0.90% $229,947.20 -$187.27 $735.00 $187.27 $230,682.20 CD Merrick Bk South Jordan, UT 7/31/2020 7/31/2028 $245,000.00 1.00% $229,758.55 -$208.08 $681.10 $208.08 $230,439.65 CD Apex Bk Camden, TN 10/2/2020 10/2/2028 $215,000.00 0.70% $199,148.05 -$127.82 $561.15 $127.82 $199,709.20 CD Heartland Bk Geneva, NB 10/29/2021 10/30/2028 $245,000.00 1.15% $228,778.55 $0.00 $531.65 $229,310.20 CD Malaga Bk Palos Verdes, CA 10/29/2021 10/30/2028 $245,000.00 1.20% $228,920.65 -$249.70 $507.15 $249.70 $229,427.80 CD Country Club Bk Kansas City, MO 1/29/2021 1/29/2029 $245,000.00 0.95% $225,738.10 -$197.68 $409.15 $197.68 $226,147.25 CD Spiritbank NA Tulsa, OK 3/30/2022 3/29/2029 $245,000.00 2.30% $232,772.05 -$478.59 $51.45 $478.59 $232,823.50 CD Mizrahi Tefahot Bk LTD 4/10/2024 3/7/2030 $245,000.00 4.30% $244,703.55 $0.00 -$747.25 $243,956.30 CD Frontier Bk Madison, NE 6/28/2021 6/28/2030 $245,000.00 1.40% $219,076.55 -$291.32 -$271.95 $291.32 $218,804.60 CD Toyota Financial Svgs Henderson, NV 8/21/2020 8/21/2030 $245,000.00 1.10% $217,741.30 -$1,336.42 -$355.25 $1,336.42 $217,386.05 CD Celtic Bank Salt Lake City, UT 8/31/2021 8/30/2030 $245,000.00 1.45% $218,449.35 -$301.72 -$311.15 301.72 $218,138.20 CD Bank of American NA 12/11/2025 12/16/2026 $235,000.00 3.85% $234,815.57 $0.00 $79.55 $234,895.12 CD First GTY Bk Hannond LA 12/11/2025 12/18/2026 $235,000.00 3.80% $234,769.16 $0.00 $89.91 $234,859.07 CD State Bk India Chicago 12/11/2025 12/17/2026 $235,000.00 3.80% $234,770.55 $0.00 $89.63 $234,860.18 CD Baroda New York 6/29/2026 6/29/2027 $240,000.00 4.05% $239,858.66 $0.00 $179.91 $240,038.57 CD First Citizens Bk & TR CO RALCD 6/30/2026 6/30/2027 $240,000.00 4.10% $239,963.86 $0.00 $171.69 $240,135.55 CD First Horizon Bk Memphis Tenn 6/30/2024 6/30/2027 $240,000.00 4.10% $239,963.86 $0.00 $171.69 $240,135.55 CD Safra Natl Bk New York 7/1/2026 7/1/2027 $240,000.00 4.10% $239,962.49 $0.00 $173.37 $240,135.86 CD Ally Bk Sandy Utah 8/6/26 8/6/27 $240,000.00 4.10% $240,000.00 -$4,191.51 $145.68 4191.51 $240,145.68 CD Parkway B&T Harwood Hgts 8/10/26 8/10/27 $240,000.00 4.15% $239,880.00 $0.00 $376.85 $240,256.85 $0.00 $0.00 Totals $9,293,463.70 $0.00 $0.00 $17,385.56 -$16,428.49 $15,537.08 $16,428.49 $9,326,423.09 Beg Balance Deposit Withdrawals Ending Balance Deerwood Page 7 of 45 Monthly Operations Report August 2026 Executive Summary Joint Powers effectively produced 190,254,000 gallons of water in the report month. All bacteriological samples were negative. The average fluoride concentration was 0.64 mg/L (Limits are 0.5 & 0.9). Operations The standard operations of the facilities include: Major Activities Uncommon Operations and Major Corrective Maintenance: ❖ Collected the 30% and 60% ASR Recovery Samples. Safety & Training Each month our staff performs inspections of all safety equipment such as fire extinguishers, eyewash stations, chemical showers, and emergency lighting. We also have safety meetings during the month that consist of both routine and non-routine topics. Call-Outs (After-Hours Emergency Calls) ❖ None ❖ Daily testing of fluoride and chlorine in the system. ❖ Monthly performance inspections on wells. ❖ Monthly bacteriological sampling (25 samples). ❖ Bulk chemical deliveries. ❖ ERT missed reads/ meter checks. ❖ Chemical feed systems adjustments & maintenance. ❖ Laboratory equipment calibrations. ❖ Safety and training meetings. ❖ MC Lite meter reading routes for Hanover & St. Michael. ❖ Regularly scheduled operations & maintenance meetings. ❖ Routine daily rounds, inspections, and security checks of the water treatment plant. ❖ Routine weekly off-site facilities inspections and security checks. ❖ Regular backwashing of filters, reclaiming and pumping of backwash sludge. ❖ Monthly performance inspections of emergency generators. ❖ Monitoring & regulating access to the water towers for telecommunications companies to make repairs & upgrades. Page 8 of 45 Regulatory Communications Our monthly regulatory communications were completed satisfactorily and on-time. These were: ❖ The monthly fluoridation report to the MDH ❖ The monthly bacteriological test results to the MDH ❖ The monthly injection/recovery report to the EPA Major Client / Public Relations Issues ❖ None Distribution System Statistics Total Hanover St Michael Joint Powers Comments Locates (GSOC) 641 155 469 17 Gopher State One Call, Tickets Received Hydrants Flushed 0 0 0 0 Spring/Fall (Joint Powers Are Albertville) Customer Service Visits 15 1 14 0 Including water quality issues (Albertville), water usage issues, curb stops on/off,water main operations, special locate tickets (not through GSOC) & misc. issues. Inspections 45 18 27 0 Meter/ERT Issues/Repairs 58 16 42 0 These include out-of-bounds read checks, leaking meters, bad ERTs/replacements, wiring issues, missed reads, monthly meter reading, etc. Maintenance Work Orders 38 1 0 37 These include issues/repairs & regular maintenance for the dist. systems & JP facilities. Finals 68 12 56 N/A YTD Reconcilable Limit Budget Budget Expenses Balance LIM $ 307,000 $ 236,258 $ 70,742 Final reconciliation will occur after year-end finances have been processed.*No updates on Actual available at time of report. Estimated Appendices Monthly Fluoride Report, Monthly Bacteriological Report, Monthly ASR EPA Report Page 9 of 45 Drinking Water Protection Section P.O.Box 64975-0975 St. Paul, MN 55164-0975 Bacteriological/Disinfectant Residual Monthly Report 651/201-4700. FAX 651/201-4701 Public Water System ID (7 digits)Laboratory Certification ID (9 digits) -- NAME OF WATER SUPPLY SYSTEM LABORATORY NAME Analyst Name Joint Powers Water UC LABORATORY ADDRESS I verify that this report is accurate. 11100 50th St NE Membrane Filter MPN 10 ml CITY ZIP PHONE Albertville 763-497-3611 Colisure MPN 100 ml PHONE (507) 234-5835 *Disinfectant Residual (chlorine/chloramine) monitoring samples must be collected at the same sample points and same time as coliform samples. Sample #1 CJ's Laundry Chlorine Residual Rec Temp Deg C Sample #2 Country Inn Chlorine Residual Rec Temp Deg C Sample #3 Alb. Speedway Chlorine Residual Rec Temp Deg C Sample #4 38 Balsam Chlorine Residual Rec Temp Deg C Sample #5 Napa Chlorine Residual Rec Temp Deg C Sample #6 Kwik Trip Chlorine Residual Rec Temp Deg C Sample #7 Holiday Chlorine Residual Rec Temp Deg C Sample #8 Radzwill Chlorine Residual Rec Temp Deg C Sample #9 Millpond A.Chlorine Residual Rec Temp Deg C Sample #10 Tom Thumb Chlorine Residual Rec Temp Deg C Sample #11 Center Cut Meats Chlorine Residual Rec Temp Deg C Sample #12 Particle Control Chlorine Residual Rec Temp Deg C Sample #13 Kwik T. Alb Chlorine Residual Rec Temp Deg C Sample #14 Dehmer's Chlorine Residual Rec Temp Deg C Sample #15 BP East Chlorine Residual Rec Temp Deg C Sample #16 Speedway West Chlorine Residual Rec Temp Deg C Sample #17 STMPW Chlorine Residual Rec Temp Deg C Sample #18 Hanover PW Chlorine Residual Rec Temp Deg C Sample #19 Hanover C.H.Chlorine Residual Rec Temp Deg C Sample #20 STMWWTP Chlorine Residual Rec Temp Deg C Sample #21 Country Inn Chlorine Residual Rec Temp Deg C Sample #22 CJ's Laundry Chlorine Residual Rec Temp Deg C Sample #23 Alb. Speedway Chlorine Residual Rec Temp Deg C Sample #24 Mill Pond Apts Chlorine Residual Rec Temp Deg C Sample #25 Tom Thumb Chlorine Residual Rec Temp Deg C Sample #26 Kwik Trip Chlorine Residual Rec Temp Deg C Sample #27 Holiday Chlorine Residual Rec Temp Deg C Sample #28 Radzwill Chlorine Residual Rec Temp Deg C Sample #29 Napa Chlorine Residual Rec Temp Deg C Sample #30 38 Balsam Chlorine Residual Rec Temp Deg C 62 MK/TW 1 Positive for Total Coliform 7 Number of Samples Routine Samples Positive For Percent of Samples Where D.R. Monthly Average D.R. (Total Chlorine or Chloramine. Number of Sites Number of Samples 55301 Collected 0 X 61 Total Coliform Analysis Method 811 8 6 0 0 2 4 Number of SamplesReport For required Per Month Number of Samples Positive for Was Measured MM/YY (for systems required to collectmg/l) Aug/2026 Total Coliform 30 30 E Coli 30 0%0.53 0 0 40 or more samples) Coliform/E.Coli) Original Positive Samples Results (TotalDistribution Location (address or name of facility) Analysis Date Coliform/E.Coli) Analysis DateCollection Date Source/Well#(s) or Distribution Location (address or name of facility)Collection Date Repeat Samples (Lab may attach sheet with additional repeat sample locations.) 1.00.73 0.66 1.0 0.44 0.74 0.74 0.51 1.0 1.0 1.0 0.53 1.0 1.0 0.80 1.0 1.0 1.0 1.0 Results (Total 0.74 1.0 0.33 0.28 0.43 1.0 1.0 1.0 0.35 0.45 0.68 0.51 0.43 0.76 0.54 1.0 0.50 1.0 0.48 0.45 1.0 0.53 0.47 0.40 1.0 1.0 1.00.42 1.0 1.0 0.30 1.0 0.70 0.66 0.36 1.0 1.0 1.0 1.0 1.0 1.0 9/1/26 Page 10 of 45 TO : Joint Powers Water Board FROM : John Seifert DATE : September 28, 2026 SUBJECT : Approval of Well 7 Rehabilitation Quote As part of annual preventative maintenance of the 8 JPWB production wells, a condition assessment was performed by staff to help identify the appropriate selection of necessary well repairs and upgrades. The 2026 recommendation has identified Well No. 7, which was last rehabilitated in 2015. Engineer Larson solicited the request for quotation from 3 qualified well vendors. The following quotes were received to perform the defined repairs within the allotted time schedule. The results of the quotes are as follows: Bergerson Caswell $133,201 Traut Wells $158,450 E.H. Renner $172,920 The quotes were broken down into unit prices. It is possible that some of the items will not be necessary and the final costs will be less than the quoted amount. Both engineer Larson and Joint Powers staff have worked with Bergerson Caswell in the past and have been satisfied with their work. Recommended Motion: Staff recommends awarding the project to Bergerson Caswell in the amount of $133,201.00. MEMO Page 11 of 45 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer | www.sehinc.com | 651.490.2000 | 800.325.2055 | 651.490.2150 fax MEMORANDUM TO: Joint Powers Water Board FROM: Christopher Larson, P.E. DATE: September 24, 2026 RE: Well 7 Rehab Quotes Well No. 7 is scheduled for routine inspection and maintenance. Quotes were solicited from three contractors to do the work, including Traut Companies, E.H. Renner, and Bergerson Caswell. The results of the quotes are as follows (attached): E.H. Renner $172,920 Traut Wells $158,450 Bergerson Caswell $133,201 The quotes were broken down into unit prices. It is possible that some of the items will not be necessary and the final costs will less than the quoted amount. SEH and Joint Powers staff have worked with Bergerson Caswell in the past and have been satisfied with their work. Therefore, we recommend awarding the project to Bergerson Caswell in the amount of $133,201.00. Attachments: Well 7 Quotes Page 12 of 45 Page 13 of 45 Boring record, RVC video log & pump asbuilt/profile attached Submersible Pump: Goulds 14RJHC-5, 5 Stage, 2250 GPM @ TDH 400' Submersible Motor: Hitachi 250 HP 460 Volt 3 Phase 1800 RPM Well Data: 18" casing to 239'; 18" 40/35/25 slot screen 236.7' to 338.9'; SWL 49.6' Pitless / Setting: 8PS1820WBWE010W10X, 8' bury, 10" disch.; pump set 200'; (10) 10" x 20' T&C drop pipe Well Equipment Inspection Items Units Qty Unit Price Total Price 1 Remove and reinstall submersible pump and motor LS 1 $15,000.00 $15,000.00 2 Shop time for examining bowl assembly & preparing written condition report HR 16 $135.00 $2,160.00 3 F&I New pump if directed - match Goulds 14RJHC-5, 2250 GPM @ 400' TDH, 200 setting, or approved equal LS 1 $27,900.00 $27,900.00 4 F&I New motor if directed - SME 250 HP,1800 RPM, 460 Volt, 3 Phase, or approved equal LS 1 $39,500.00 $39,500.00 5 F&I New 10" Flowmatic Check Valve in drop pipe LS 1 $4,285.00 $4,285.00 6 F&I Wire 500 MCM with Ground, Jacketed LF 213 $140.00 $29,820.00 7 F&I Polaris wire connectors 1 $275.00 $275.00 8 Brush/Slot Screen - 18" screen, 236.7' to 338.9' - 40, 35, 25 slot LS 1 $4,800.00 $4,800.00 9 Remove loose sand, rock, & debris from well CY 2 $525.00 $1,050.00 10 Television inspection of well - flash drive with index LS 1 $2,300.00 $2,300.00 11 F&I New 10" threaded drop pipe Sch 40 black steel LF 200 $125.00 $25,000.00 12 10"x8' Pitless Nipple EA 1 $225.00 $225.00 13 Install "Packer" and redevelop Well to improve Yield HR 4 $495.00 $1,980.00 14 Epoxy coating at threading - 2' inside & outside on both ends - Sherwin Williams Pota Pox 640 8mils EA 10 $225.00 $2,250.00 15 F&I 1.25" PVC Probe/Sounding Tube LF 210 $3.00 $630.00 16 Replace Pitless O-rings LS 1 $350.00 $350.00 17 Scrap & dispose of drop pipe - Leave Motor, Pump and Wire for City LS 1 $550.00 $550.00 18 Start up and 2 Bacterica Samples (separate trips)LS 1 $375.00 $375.00 The quote provided includes a substantial completion date of March 31, 2027. Liquidated damages of $250 per day will be assessed after March 31, 2027 without an extension approved by JPWB. Provide following deliverables: *Electronic O&M specific to equipment *Provide updated as-built of pump assembly, Specific Yield and amp readings after start up *Updated pump profile with drawing depictions including: 1.) pitless height, depth and discharge pipe size 2.) well casing start and stop depth and size 3.) pump start and stop elevation and size 4.) transducer set 5.) motor start and stop elevation $158,450.00 Company: Traut Companies Address: 32640 Co Rd 133, St Joseph MN 56374 Traut Companies Representative: Joe Traut JPWB Well #7 Rehabilitation RFQ TOTAL PRICE Contractor acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison, final payment for all unit price bid items will be based on actual quantities provided, determined as provided in the final Purchase Order amount . JPWB Well 7 # 716432 Page 14 of 45 Boring record, RVC video log & pump asbuilt/profile attached Submersible Pump: Goulds 14RJHC-5, 5 Stage, 2250 GPM @ TDH 400' Submersible Motor: Hitachi 250 HP 460 Volt 3 Phase 1800 RPM Well Data: 18" casing to 239'; 18" 40/35/25 slot screen 236.7' to 338.9'; SWL 49.6' Pitless / Setting: 8PS1820WBWE010W10X, 8' bury, 10" disch.; pump set 200'; (10) 10" x 20' T&C drop pipe Well Equipment Inspection Items Units Qty Unit Price Total Price 1 Remove and reinstall submersible pump and motor LS 1 $15,055.00 $15,055.00 2 Shop time for examining bowl assembly & preparing written condition report HR 16 $158.00 $2,528.00 3 F&I New pump if directed - match Goulds 14RJHC-5, 2250 GPM @ 400' TDH, 200 setting, or approved equal LS 1 $19,690.00 $19,690.00 4 F&I New motor if directed - SME 250 HP,1800 RPM, 460 Volt, 3 Phase, or approved equal LS 1 $38,789.00 $38,789.00 5 F&I New 10" Flowmatic Check Valve in drop pipe LS 1 $4,613.00 $4,613.00 6 F&I Wire 500 MCM with Ground, Jacketed LF 213 $107.00 $22,791.00 7 F&I Polaris wire connectors LS 1 $303.00 $303.00 8 Brush/Slot Screen - 18" screen, 236.7' to 338.9' - 40, 35, 25 slot LS 1 $4,426.00 $4,426.00 9 Remove loose sand, rock, & debris from well CY 2 $550.00 $1,100.00 10 Television inspection of well - flash drive with index LS 1 $2,500.00 $2,500.00 11 F&I New 10" threaded drop pipe Sch 40 black steel LF 200 $86.00 $17,200.00 12 10"x8' Pitless Nipple EA 1 $1,200.00 $1,200.00 13 Install "Packer" and redevelop Well to improve Yield HR 4 $391.00 $1,564.00 14 Epoxy coating at threading - 2' inside & outside on both ends - Sherwin Williams Pota Pox 640 8mils EA 10 $50.00 $500.00 15 F&I 1.25" PVC Probe/Sounding Tube LF 210 $3.00 $630.00 16 Replace Pitless O-rings LS 1 $260.00 $260.00 17 Scrap & dispose of drop pipe - Leave Motor, Pump and Wire for City LS 1 $1.00 $1.00 18 Start up and 2 Bacterica Samples (separate trips)LS 1 $51.00 $51.00 The quote provided includes a substantial completion date of March 31, 2027. Liquidated damages of $250 per day will be assessed after March 31, 2027 without an extension approved by JPWB. Provide following deliverables: *Electronic O&M specific to equipment *Provide updated as-built of pump assembly, Specific Yield and amp readings after start up *Updated pump profile with drawing depictions including: 1.) pitless height, depth and discharge pipe size 2.) well casing start and stop depth and size 3.) pump start and stop elevation and size 4.) transducer set 5.) motor start and stop elevation $133,201.00 Company: Bergerson Caswell Address: 5115 Industrial Street, Maple Plain, MN 55359 JPWB Well #7 Rehabilitation RFQ TOTAL PRICE Contractor acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison, final payment for all unit price bid items will be based on actual quantities provided, determined as provided in the final Purchase Order amount . JPWB Well 7 # 716432 Page 15 of 45 TO : Joint Powers Water Board FROM : John Seifert DATE : September 28, 2026 SUBJECT : Signing AT&T Antenna Lease Agreement - East Tower At the July 27, 2026 JPWB meeting, the Board conditionally approved the AT&T Antenna Lease Agreement for a future array of cellular antennas on the east elevated JPWB tower located at 13458 50th St. NE. This condition was stated as pending final legal review and approval from JPWB attorney, Scott Landsman. Over the last several weeks, General Manager Seifert, Attorney Landsman and the AT&T legal team worked through the final redlines for the attached lease. Attorney Landsman and staff recommend executing the final attached lease document and authorize the JPWB General Manager to execute necessary documents. Recommended Motion: Authorize the signing of the final Cellular lease with AT&T on the JPWB Elevated tank at 13458 50th St. NE by the JPWB Chair and General Manager. MEMO Page 16 of 45 10 Market: Northern Plains (MN) Cell Site Number: MNL90335 Cell Site Name: St. Michael 1900 Relo Search Ring Name: St. Michael 1900 Relo Fixed Asset Number: 16530145 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (“Agreement”) is made and effective as of the day of , 2026 (the “Effective Date”), by and between the Joint Powers Water Board of Albertville, Hanover and St. Michael, a Minnesota joint powers board under Minn. Stat. § 471.59, a/k/a Hanover, St. Michael, and Albertville Joint Powers Board, (“Landlord”) and New Cingular Wireless PCS LLC, a Delaware limited liability company (“Tenant”; Landlord and Tenant sometimes individually a “Party” and collectively “Parties”). RECITALS WHEREAS, Landlord is the fee owner of that property located at 50th Street NE, City of St. Michael, County of Wright, State of Minnesota, and legally described on attached Exhibit A (the “Property”); and WHEREAS, a municipal elevated water storage tank is located on the Property (“Tower”); and WHEREAS, Tenant desires to install, operate, and maintain a federally licensed communications facility and uses necessary and incidental thereto for providing radio and wireless telecommunications services which Tenant is legally authorized to provide to the public (“Facilities”), which Facilities are described in detail on the plans and specifications attached hereto as Exhibit B (“Plans”). NOW, THEREFORE, the Parties, for good and valuable consideration and the terms and obligations herein, agree as follows: 1. Incorporation. The above Recitals and all attached Exhibits are a material part of this Agreement and are incorporated herein. 2. Premises. Subject to the terms and conditions of this Agreement, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of the Property limited to: (a) a room/cabinet/ground area space of approximately 400 square feet as specifically identified in the Plans; and (b) space on the Tower for the installation of the Facilities and limited to the locations as identified in the Plans, together with a non-exclusive easement for reasonable access thereto and for adequate utility services, including sources of electrical and telecommunications facilities shown in the Plans, and described on Tenant’s Antenna Site Application, which application is attached hereto as Exhibit C (collectively the “Premises”). 3. Term. Page 17 of 45 10 a. Initial Term. This Agreement shall be for an initial term of five (5) years (the “Initial Term”) commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date (the “Expiration Date”), unless terminated sooner, renewed, or extended in accordance with this Agreement. b. Renewal Term. In the event Tenant is not in default under the terms of the Agreement, the Agreement shall automatically be extended for up to four (4) additional and successive terms of five (5) years each, commencing on the Expiration Date (each a “Renewal Term”), upon the same terms and conditions of this Agreement, unless Tenant elects not to renew this Agreement at the end of the then-current Term by giving the Landlord written Notice at least ninety (90) days prior to the end of the then-current Term. The Initial Term and any applicable Renewal Term(s) collectively the “Term”. 4. Rent; Fees; Charges. a. Rent. Beginning on the Effective Date, and on each and every anniversary of the Effective Date thereafter during the Term, Tenant shall pay to Landlord annual rent for the Premises (“Rent”) in advance, without Notice, demand or set-off (except as otherwise set forth herein), in the amount of Thirty-Eight Thousand Four Hundred and NO/100 Dollars ($38,400.00) (“Rent Amount”). Notwithstanding the foregoing, the first year’s Rent payment shall be paid within sixty (60) days of the Effective Date. All subsequent annual Rent payments for the Rent Amount shall be paid on or before the anniversary of the Effective Date of each year. Any Rent Amount due for a year of the Term that is a fractional year shall be prorated on a 12-month basis (collectively, the “Payment Terms”). The Parties agree that commencing on the first anniversary of the Effective Date and each anniversary of the Effective Date thereafter, the Rent shall increase by four percent (4%) of the previous year’s Rent Amount. Failure to pay said Rent for the Rent Amount on or before its due date shall be a default under this Agreement. b. Administrative Fees. Tenant agrees to pay Landlord, within forty-five (45) days from the Effective Date, a one-time non-refundable administrative fee of Five Thousand and No/100 Dollars ($5,000.00) for attorney’s fees and staff associated with reviewing and preparing this Agreement. c. Additional Fees. In addition to the Rent and Administrative Fees, Tenant shall pay all required application and building permit fees associated with construction of any improvements made on the Premises. Within sixty (60) days after receipt of an itemized invoices from Landlord’s third-party contractors or service providers, Tenant shall also pay all of Landlord’s actual and reasonable engineering and inspection costs related to Tenant’s construction and maintenance of improvements on the Premises, not to exceed Ten Thousand Dollars ($10,000.00). Tenant further agrees to pay Landlord for all actual and reasonable attorney’s fees, review fees, inspection costs, consulting fees, and any other sums incurred by Landlord in connection with any future amendments of this Agreement or any defaults by Page 18 of 45 10 Tenant under this Agreement, including, but not limited to, failing to keep its improvements in good repair or failing to pay any sums owed hereunder. All undisputed fees and invoices must be paid within sixty (60) days after Landlord sends Tenant an invoice for the same. Failure to make said payments within the above timeframe shall be a default under this Agreement. The Tenant shall notify the Landlord in writing of any fee disputes within fifteen (15) business days of invoice receipt (“Dispute Notice”). The Dispute Notice shall include, among other things, detailed information regarding the dispute and supporting documents. If a timely Dispute Notice is not received, the invoice shall be deemed undisputed and accepted and shall be paid within the timeframe provided herein. The Parties shall seek to resolve all such disputes expeditiously and in good faith. Notwithstanding anything to the contrary, each Party shall continue performing its obligations under this Agreement during any such dispute, including without limitation, payment to Landlord of any undisputed invoice amounts. The provisions of the foregoing sentence shall survive the termination or expiration of this Agreement. d. Interest. Rent and all other sums owing to Landlord hereunder which are not paid on their due date shall accrue compound interest from the due date at the rate of twelve percent (12%) per annum, which interest shall be paid with the delinquent payment. e. Utility Charges. Tenant shall separately meter for all utility services associated with its use of the Premises and shall be solely responsible for all utilities required by its use of the Premises or operation of the Facilities. Tenant shall promptly pay all utility bills, invoices, assessments, charges, and the like associated with its use of the Premises. f. Taxes. i. Payment. Tenant shall have the responsibility to pay to Landlord any sales tax, personal property, real estate taxes, assessments, or charges owed on the Property which is the result of Tenant’s use of the Premises and/or the charged against the Property as a result of the installation, maintenance, and operation of the Facilities, including any increase in real estate taxes at the Property which is charged against the Property; provided that Landlord shall provide Tenant with documentation of such charges. Landlord shall be responsible for the payment of any taxes, levies, assessments, and other charges, including franchise and similar taxes, imposed upon the Property. Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under the foregoing sentence due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant. Nothing in this Paragraph shall be construed as making Tenant liable for any portion of Landlord’s income taxes in connection with the Property or otherwise. Page 19 of 45 10 ii. Right of Appeal. Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which Tenant is wholly or partly responsible for payment. Landlord shall reasonably cooperate with Tenant at Tenant’s expense in filing, prosecuting, and perfecting any appeal or challenge to taxes as set forth in the preceding sentence. In the event that, as a result of any appeal or challenge by Tenant, there is a reduction, credit or repayment received by the Landlord for any taxes previously paid by Tenant, Landlord agrees to promptly reimburse to Tenant the amount of said reduction, credit, or repayment. g. Limitation. All charges payable under this Agreement shall be billed by Landlord within eighteen (18) months from the end of the calendar year in which the charges were incurred; provided Tenant shall not be responsible for any late fees resulting directly from Landlord’s delay in billing, and any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. h. W-9. Notwithstanding any other provision of this Agreement, Tenant shall have no obligation to pay Rent or make any other payment to Landlord unless and until Landlord has delivered to Tenant a current IRS Form W-9 and an EPay Payment Direction Form (collectively the “Payment Forms”). Landlord shall deliver the Payment Forms to Tenant: (i) upon execution of this Agreement; (ii) upon any change in Landlord’s name or address; and (iii) at such other times as may be reasonably requested by Tenant. Upon execution of this Agreement, Landlord shall mail the Payment Forms to Tenant at the following address: 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319, at which time Tenant shall provide a supplier/vendor number. Subsequently, Landlord shall either: (1) upload the forms to the AT&T Landlord Portal (https://landlordportal.att.com/); or (2) mail the Payment Forms to the AT&T Tower Asset Group – Lease Administration. The Payment Forms are attached as Exhibit D. To protect Landlord’s sensitive information, Landlord shall not send any of the Payment Forms to Tenant via email. 5. Tenant’s Use. a. User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Agreement is in effect, and Tenant’s use shall be subordinate accordingly: i. Landlord and its agencies; ii. Public safety agencies, including but not limited to FirstNet, law enforcement, fire, and ambulance services that are not part of the Landlord; Page 20 of 45 10 iii. Other governmental agencies where use is not related to public safety; iv. the existing equipment of government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. v. Tenant; and vi. Equipment of government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters, installed after Tenant’s Facilities. b. Tenant’s Permitted Use. Landlord agrees that Tenant may use the Premises for the purpose of installing, maintaining, and operating the Facilities as depicted in the Plans, subject to the terms and conditions herein (“Tenant’s Permitted Use”). The Tenant’s Permitted Use shall be non-exclusive, and Landlord specifically reserves the right to make additions, deletions, or modifications to its own facilities on the Property and to allow the Property, excluding the Premises, to be used by other parties. Tenant shall comply with all applicable ordinances, codes, statutes, and regulations of local, state, and federal governmental authority. By executing this Agreement, Landlord is not approving the construction or installation of any Facilities on the Property or Premises by Tenant. Tenant shall have the responsibility to make any and all necessary applications for construction, installation, or other work or permits that are required by any governmental authority having jurisdiction and receive approval of the same. Landlord does not warrant that the site is suitable for the Tenant’s Permitted Use. Tenant will have the right to install utilities, at Tenant’s expense, and to improve present utilities on the Property and the Premises. Landlord agrees to grant to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. c. Operation. Tenant shall have the right, at its sole cost and expense, to operate, maintain, and repair the Facilities in accordance with good engineering practices, and with all applicable FCC rules and regulations. Any damage done to the Premises or Property by Tenant’s operations shall be repaired at Tenant's expense within thirty (30) days after notification of damage from Landlord. If Tenant does not repair such damage within thirty (30) days, Landlord has the right, but not the obligation, to repair the damage and Tenant agrees to pay all costs for said repair within thirty (30) days of invoice receipt from Landlord. d. Construction. All construction and installation of the Facilities or other improvements on the Property must be in strict compliance with Exhibit B. Tenant may install and construct the Facilities and other improvements depicted in Exhibit Page 21 of 45 10 B only after receiving all necessary building permits, construction permits, zoning permits, and any other required approvals and inspections. All construction and installation depicted in Exhibit B must fully comply with all federal, state, and local laws, codes, regulations, and ordinances. Tenant shall not make any improvements or add additional equipment beyond what is shown in Exhibit B without Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Any damage done to the Property during installations or construction of the Facilities shall be repaired or replaced by Tenant immediately, at Tenant’s sole cost and expense, and to Landlord’s reasonable satisfaction. All construction, installation, or other improvements made to facilitate the Facilities depicted in Exhibit B shall be at Tenant’s sole cost and expense. e. Maintenance. All modifications to the Property and all improvements made for Tenant's benefit, including but not limited to, the Facilities, shall be maintained in a safe condition and good state of repair consistent with all government laws, codes, regulations, and ordinances, to the Landlord’s reasonable satisfaction. Any damage done to the Premises or Property during maintenance or improvement shall be repaired by Tenant at its sole cost and expense within thirty (30) days after notification of damage from Landlord. If Tenant does not repair such damage within thirty (30) days, Landlord has the right, but not the obligation, to repair damage and Tenant agrees to pay the Landlord for the costs of said repairs within thirty (30) days of invoice receipt from Landlord. f. Repainting. If Landlord repaints the Tower, Landlord will provide Tenant with at least one hundred eighty (180) days’ advance Notice, and Tenant will be permitted to install a temporary facility to keep its Facilities operational. Tenant shall, at Tenant’s expense and by the aforementioned advance Notice date, follow the requirements of the Landlord’s General Manager or its designee (the “General Manager”) regarding the removal of the Facilities from the Tower to temporary poles located on the Property, or otherwise securing the Facilities on the Tower generally, to protect them from damage and allow Tenant’s continued operation. Such removal shall not unreasonably interrupt operations of the Facilities and Tenant shall be entitled to a Rent abatement on a pro-rata basis during any period during which Tenant is unable to operate the Facilities due to relocation. Any repainting will be conducted by Landlord as diligently and expeditiously as reasonably possible. Upon direction from the General Manager that the repainting is completed, Tenant shall reinstall the Facilities on the Tower in the same location and in the same manner as before the repainting. Notwithstanding the foregoing, Tenant shall not be required to remove the Facilities at Tenant’s cost more than once during the Term. Landlord shall, at Landlord’s sole cost and expense, maintain the Property and Tower in good repair and in compliance with all applicable laws, including all laws related to the marking and lighting of buildings or structures promulgated by the Federal Communications Commission, Federal Aviation Administration or other applicable governmental authority. g. Replacements. Tenant shall have the right to replace or otherwise modify the Facilities or any portion thereof and the frequencies over which the equipment Page 22 of 45 10 operates, on the condition that if such modifications require construction work, it shall be subject to the review and prior written approval of the Landlord and must be consistent with all federal, state, and local laws, codes, regulations, and ordinances. Tenant shall submit to Landlord a written request for approval, which written request shall be on the Landlord’s application form and shall be directed to the General Manager at the address for the Landlord in Section 12.e of this Agreement. The Tenant shall submit with the application a detailed proposal for any such replacement facilities (including, but not limited to, engineered drawing and structural analysis stamped and signed by a licensed engineer registered in the State of Minnesota) and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to technical studies carried out at Tenant's expense. Landlord shall either approve or reject Tenant’s application for the proposed improvements or additional equipment within sixty (60) days after receipt of Tenant’s complete application for request for approval (“Replacement Approval Period”). The sixty (60) day period shall not commence if Landlord provides notice to Tenant within fifteen (15) days of application receipt if said application is incomplete, which notice shall provide a list of the missing information. The Parties may modify or extend the Replacement Approval Period for an additional sixty (60) days be providing notice to the other Party. Any notice under this subsection may be delivered via email or other electronic means if an email address is provided in the application. Notwithstanding the foregoing, Landlord’s prior written approval shall not be required for routine repairs, replacements or maintenance. Within sixty (60) days after receipt of an itemized invoices from Landlord’s third-party contractors or service providers, Tenant shall be responsible for Landlord’s actual, reasonable costs associated with any such submittal and agrees to pay to Landlord such undisputed costs within sixty (60) days of invoice receipt from Landlord, not to exceed Ten Thousand Dollars ($10,000.00). h. Drawings. Tenant shall provide Landlord with as-built drawings of the improvements installed on the Premises, which show the actual location of the Facilities and improvements. Said drawings shall be submitted within 30 days of system start-up and be accompanied by a complete and detailed inventory of all equipment, personal property, and Facilities actually placed on the Premises, described in and consistent with Exhibit B. Tenant shall not have installed equipment that is not reflected on as-built drawings or plans. i. Interference with Landlord Property. Tenant agrees to perform any and all work contemplated in connection with the construction, reconstruction, replacement, and operation contemplated herein in a manner which minimizes interference with Landlord’s operations on the Property. Tenant shall notify the Landlord when construction commences, be solely responsible for construction and construction supervision. In the event of such entry for said construction, operation, maintenance and removal, Tenant shall cause the Property to be restored, to the satisfaction of the General Manager and at Tenant’s sole cost and expense, to the condition prior to the Tenant’s entry onto the Property, including but not limited to such items as replacement of adequate top soil, seeding, sodding where necessary, finish grading Page 23 of 45 10 to original grade and other reasonable restoration measures deemed necessary to the satisfaction of the General Manager. j. Access. Except as otherwise provided for in this Agreement, Tenant, at all times during the Term, shall have access seven (7) days a week, twenty-four (24) hours a day to the Property in order to install, operate, maintain and repair the Facilities. The Tenant shall use reasonable care not to damage the Property. Any damage caused by Tenant shall be promptly repaired to the same or better condition that existed prior to said damage. If Tenant elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant’s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. k. Interference Study. Before obtaining a permit for improving the Premises and constructing the Facilities, Tenant must conduct a radio frequency interference study carried out by a qualified professional, showing Landlord that Tenant’s Permitted Use will not interfere with any of Landlord’s existing communication systems on the Property, including but not limited to: (i) Police, Fire, Public Utility and Emergency Operations communication systems; (ii) Public Safety communication systems on the Property that are not part of Landlord; and (iii) existing telecommunication facilities located within 500 feet of the Property. Landlord, at its discretion, may conduct a review or independent radio frequency study, carried out by a qualified professional of its choosing. If it is found that there is interference caused by the Facilities that is not remedied by Tenant within forty- eight (48) hours, Tenant shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. l. No Liens. Tenant shall promptly pay any contractors and subcontractors it utilizes to conduct work on the Premises and shall not allow liens to be placed on the Premises and/or the Property. If any mechanic's lien or other lien, charge or order for payment of money is filed as a result of the act or omission of Tenant in connection with this Agreement, Tenant will cause such lien, charge or order to be discharged or appropriately bonded or otherwise reasonably secured within sixty (60) days after notice from Landlord thereof. If Tenant fails to cause the lien or encumbrance to be discharged or secured within the sixty (60) day period, then Landlord will be entitled to do so at Tenant’s expense. Tenant shall pay to Landlord, within thirty (30) days of receipt, all invoiced amounts of Landlord incurred as a result of a mechanic’s lien or other lien described above that is not discharged or secured as provided herein. m. Tenant Installed Property. Any equipment, trade fixtures, or personal property installed on the Tower by Tenant, including but not limited to antennas, antenna mounts, transmission lines, equipment shelter building, emergency generator, and Page 24 of 45 10 fuel tank installed under this Agreement shall remain the sole property of Tenant. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Facilities or any portion thereof. Tenant shall have the right to remove any or all of the above equipment, fixtures, or property at the expiration or termination of this Agreement or any extension thereof, even though said equipment, fixtures or property are attached to the Tower. n. Escrow. Tenant shall, within fifteen (15) days for any application for replacement or modification of the Facilities under this Section and before any such work shall commence, provide Landlord with deposit of $10,000.00 (“Escrow Deposit”). The Landlord may, but is not obligated to, draw on the Escrow Deposit to pay the costs and expenses incurred by Landlord under this Section and invoiced to Tenant. When the balance of the Escrow Deposit falls below $3,000.00, upon written notice given by Landlord to Tenant, Tenant shall immediately deposit additional cash to replenish the Escrow Deposit to the full amount stated above. Upon completion of the work under this Section and payment of all costs and expenses, Landlord will refund to Tenant any balance remaining in the Escrow Deposit. Failure to replenish the Escrow Deposit as required above shall be an event of termination under Section 7. 6. Duties of Landlord. a. General. Landlord agrees that in exercising its ownership responsibilities of the Property, including maintenance, repair, alterations, and construction thereon, it shall comply with all applicable ordinances, codes, statutes, and regulations of local, state and federal governmental authority. b. Tower Maintenance. Landlord shall be responsible, at its sole cost, for the general day to day maintenance of the Tower, including obstruction lights, light monitoring, and any other FCC or FAA requirements, inspections, painting, and any other measures necessary to maintain the safety and utility of the Tower for the purpose of water storage. c. Interference. Landlord will not grant, after the Effective Date, a lease, license or any other right of the Tower to any third party if such party’s use is reasonably anticipated to interfere with Tenant’s operation of its Facilities. For purposes of this Section, “reasonably anticipated” shall be based on an interference study conducted or accepted by the Landlord. Landlord agrees further that any future lease of the Tower will prohibit a user from interfering with the Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant’s expense. Page 25 of 45 10 7. Default; Termination. a. Events of Termination. Except as otherwise provided herein, this Agreement may be terminated as follows: i. By either Party upon a default of any covenant or term hereof by the other Party, which default is not cured within thirty (30) days of receipt of written Notice of default to the other Party, unless such default may not reasonably be cured within a thirty (30) -day period, in which case, this Agreement may not be terminated if the defaulting Party commences action to cure the default within such thirty (30) day period, proceeds diligently to fully cure the default and thereafter cures the default. ii. By Tenant if Tenant is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Facilities. iii. By Tenant if Tenant is unable to operate the Facilities or occupy the Premises due to a change in applicable law; if Landlord or another tenant or user of the Property or an owner, tenant or user of adjacent real property installs equipment or a structure that adversely impacts the ability of the Facilities to send and receive signals. iv. By Landlord for cause if Tenant has failed to comply with applicable federal, state, or local law code, regulation, ordinance, or any conditions attached to government approvals granted thereunder, if not cured after thirty (30) days’ Notice of such non-compliance. v. By Tenant if any portion of the Property is damaged by any casualty and such damage disrupts Tenant’s use of the Premises for more than forty-five (45) days or renders the Tower permanently inoperable, then Tenant may terminate this Agreement upon one hundred eighty (180) days’ written Notice. Landlord will endeavor to provide notice to Tenant of any casualty or other harm affecting the Premises within twenty-four (24) hours of the casualty or other harm. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property as directed by the Landlord’s General Manager, but only until such time as Tenant is able to rebuild or restore the Facilities, or to activate a replacement transmission facility at another location. vi. By Landlord for cause if it is determined by an independent qualified and licensed engineer approved by Landlord that the Facilities unreasonably interfere with another user with a higher priority that is not cured within thirty (30) days’ written Notice, regardless of whether or not such interference was predicted in the initial interference study. vii. By Landlord or Tenant during the Holder Over Term as provided in Section Page 26 of 45 10 11. b. Removal and Restoration. Within ninety (90) days after the expiration or termination of this Agreement (“Facilities Removal Period”) for any reason, Tenant shall remove its Facilities, personal property, and any other leasehold improvements from the Property and shall repair any damage to the Property caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense, whether removed by Tenant or Landlord. Any Facilities or other improvements or property that is not removed by the end of the Facilities Removal Period shall, at Landlord’s option, become the property of the Landlord. In all other situations, title to Tenant's Facilities, and all improvements installed at or affixed to Property by Tenant shall be and shall remain the property of Tenant. In the event Tenant leaves any personal property, equipment, or any portion of its Facilities on the Property without Landlord’s written consent, Tenant shall reimburse Landlord for the cost of removing and disposing of the same. Notwithstanding anything contained herein to the contrary, Tenant shall be liable to Landlord for Rent until such time that Tenant’s personal property, equipment, and Facilities have been removed from the Property. The terms and conditions of this subsection shall survive the termination or expiration of this Agreement. Notwithstanding the foregoing, Tenant will not be required to remove from the Premises or the Property any structural steel supporting the Tower or any foundations or underground utilities. c. Notice of Termination. The Parties shall give Notice of termination in writing in the manner prescribed in Section 12.e. All Rent and other amounts paid for under this Agreement prior to said termination date shall be retained by Landlord; provided, however, if Landlord terminates this Agreement for any reason other than a Tenant default, or Tenant terminates this Agreement due to Landlord default pursuant to Section 7.a.i. above, Landlord shall reimburse Tenant for the pre-paid, un-earned Rent actually paid by Tenant from the date of termination through the end of the then-current lease year. Upon such termination, this Agreement shall be of no further force and effect except to the extent of the representations, warranties, and indemnities made by each Party to the other hereunder. d. Tenant’s Liability for Early Termination. If Tenant determines, in its sole discretion, that its use of the Premises is obsolete or unnecessary, Tenant shall have the right to terminate this Agreement upon payment to Landlord, in addition to any other fees and costs provided for herein, as liquidated damages for early termination, an amount equal to 75% of the annual Rent for the year in which Tenant terminates, unless Tenant terminates during the last year of the Initial Term or any Renewal Term under of this Agreement and Tenant has paid the annual Rent for that year. e. Limitation of Liability. In the event the Landlord is in breach of this Agreement, Landlord’s liability for damages to Tenant shall be limited to the actual and direct costs incurred by Tenant as a result of the breach, including Facilities removal, relocation or repair, but specifically exclude, among other things, value of the Page 27 of 45 10 business of Tenant as a going concern, future expectation of profits, loss of business or profit, special, compensatory, consequential or related damages to Tenant. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. Neither Party shall be liable to the other for any interruption in the other Party’s service or interference with business or operation of the other, except as may be caused by the willful misconduct of the other Party. Notwithstanding anything in this Agreement to the contrary, the Parties are not waiving their rights, if any, to equitable remedies such as, without limitation, injunctive relief, and specific performance. f. Specific Landlord Default. The occurrence of any of the following shall constitute a default by Landlord under this Agreement: (i) Landlord's failure to provide access to the Premises as required by Section 5.j., which failure continues for twenty-four (24) hours after Landlord's receipt of written notice thereof from Tenant; provided there is no failure if such interference is related to Landlord maintenance under Section 6.b.; or (ii) Landlord's failure to cure an interference problem, which it is found to have caused or for which curing is within Landlord’s reasonable control, as required by Section 6.c., and which failure continues for seventy-two (72) hours after Landlord's receipt of written notice thereof from Tenant; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within thirty (30) days after written notice from Tenant specifying the failure. With regards to items (ii) and (iii) herein, if curing the interference problem or performance requires the cooperation of a third party, contractor, governmental authority, utility provider, or other person beyond Landlord's reasonable control, the cure period shall be extended for the time reasonably necessary to obtain such cooperation. Notwithstanding the foregoing, no default shall be deemed to exist if Landlord commences to cure the alleged default within the applicable cure period and thereafter diligently pursues such cure to completion. If the nature of the alleged default is such that it cannot reasonably be cured within the applicable cure period, Landlord shall not be deemed in default so long as it commences cure within such period and thereafter continuously and diligently pursues the cure to completion. Any delay in performance or cure resulting from causes beyond Landlord's reasonable control, including without limitation acts of God, governmental actions, labor disputes, shortages of materials, utility failures, or other force majeure events, shall extend the applicable cure period for the duration of such delay. If Landlord remains in default following expiration of the applicable cure period, Tenant's sole and exclusive remedies shall be to pursue those remedies available at law or in equity and is limited by Section 7.e.; provided, however, that Tenant shall have no right to perform or cure any obligation on behalf of Landlord, nor shall Tenant be entitled to offset, withhold, deduct, or abate any amounts due to Landlord under this Agreement absent Landlord's prior written consent or a final non-appealable judgment of a court of competent jurisdiction authorizing such action. Page 28 of 45 10 8. Defense and Indemnification. a. General. Each Party agrees that it will be responsible for its own acts and omissions, to the extent authorized by law, and shall not be responsible for the acts and omissions of the other Parties. Landlord and Tenant’s liability is governed by the provisions of Minn. Stats. Ch. 466. b. Hazardous Substances. Landlord represents and warrants to the best of Landlord’s knowledge that the Property, as of the Effective Date, is free of hazardous substances, including asbestos-containing materials and lead paint. Tenant represents and warrants that its use of the Property will not generate, and Tenant will not store or dispose on the Property nor transport to or over the Property any hazardous substance in violation of applicable law. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability to the extent resulting from such release, including all attorneys' fees, costs and penalties incurred as a result thereof, to the extent any release is caused by the acts of Tenant, its employees or agents. Notwithstanding anything to the contrary in this Agreement, in no event shall Tenant have any liability whatsoever with respect to any hazardous substance that was on, about, adjacent to, under or near the Tower or Property prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Tower and/or Property by Landlord, its agents or employees, or any third-party who is not an employee, agent, contractor or invitee of Tenant. Landlord agrees to hold Tenant harmless from and indemnify Tenant against any release of any such hazardous substance and any damage, loss, or expense or liability to the extent resulting from such release, including all attorneys' fees, costs and penalties incurred as a result thereof, to the extent any release is caused by the acts of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Tenant’s obligations under this paragraph shall survive the termination or expiration of this Agreement. In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. Page 29 of 45 10 9. Insurance. a. Workers' Compensation. Tenant must maintain Workers' Compensation insurance with limits required by Applicable Law. The policy shall also provide Employer's Liability coverage with limits of $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. b. Commercial Liability. Tenant shall provide to Landlord, upon the Commencement Date, and maintain, at all times, a Commercial General Liability Coverage Certificate of Insurance. Such coverage shall provide for third-party bodily injury and property damage arising out of the use, maintenance, or operation of the Premises and Facilities at the following levels: Limits of Liability in amounts of $1,500,000.00 per occurrence for bodily injury and property damage and amounts of $3,000,000.00 general annual aggregate, including personal and advertising injury and products/completed operations. Any and all sub-contractors performing work on Tenant’s behalf related to the use, maintenance, or operation of the Premises and Facilities must maintain substantially the same insurance as required of Tenant and must provide Landlord a Certificate of Insurance prior to performing work on behalf of Tenant. Each Certificate of Insurance shall include as additional insured by endorsement as their interest may appear under this Agreement Landlord and its officers and employees and any other person with an insurable interest designated by Landlord as an additional insured. Upon receipt of notice from its insurer(s) Tenant or its insurer(s) shall provide Landlord with thirty (30) days’ prior written notice of cancellation of any required coverage unless replaced without lapse in coverage. Further, in the event the provided Certificate of Insurance no longer meets the requirements above, then the City shall be promptly provided with a replacement Certificate of Insurance. c. Tenant Property Insurance. Tenant must keep in force for the duration of this Agreement a policy covering damages to its property at the Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. Tenant self-insures this risk. d. Additional Insured - Certificate of Insurance; Coverage. Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company eligible to do business in the State of Minnesota, which includes all coverage required in this Section with an AM Best rating of no less than A-VII. Tenant shall include Landlord as an Additional Insured by endorsement as their interest may appear under this Agreement on the Commercial General Liability Policy. Further, in the event the above requirements do not meet the Landlord’s maximum tort liability under Minn. Stat. § 466.04, then the Landlord shall be promptly provided with a replacement Certificate of Insurance that meets or exceeds the Landlord’s maximum tort liability under Minn. Stat. § Page 30 of 45 10 466.04. Said insurance shall be maintained at all times. 10. Condemnation. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within a reasonable time period from when it receives notification. In the event the whole of the Property or Premises is taken by eminent domain, this Agreement shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Premises or a portion thereof is taken by eminent domain so as to prevent Tenant’s continued use of the Premises under this Agreement, Tenant shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days' written Notice to Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof; all damages, whether awarded as compensation for diminution in value of the leasehold or to fee title of the Property, shall belong to Landlord. Tenant shall have the right to claim and recover from the condemning authority any amounts recoverable by Tenant on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving/removing its Facilities, personal property, or leasehold improvements. 11. Holding Over. Tenant has no right to retain possession of the Premises or any part thereof beyond the Facilities Removal Period. If Tenant remains in possession of the Premises beyond the Facilities Removal Period, then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement; provided, however, that the Rent during the Holdover Term shall be paid on the first day of each month in advance in an amount equal to 120% of the proportionate monthly Rent Amount in effect prior to termination with an increase of four percent (4%) as provided for in Section 4.a. on January 1 of each year of the Holdover Term. Either Landlord or Tenant may terminate the Holdover Term with 30 days’ notice. 12. Miscellaneous. a. Quiet Enjoyment. Landlord covenants that Tenant, on paying the Rent, other amount owed, and performing the covenants herein, shall peaceably and quietly have, hold, and enjoy the Premises as provided for herein. b. Title. Landlord represents and warrants to Tenant as of the Effective Date, and covenants during the Term that Landlord is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. Landlord further covenants during the Term that there are no liens, judgments, or impediments of title on the Property, or affecting Landlord’s title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by Tenant as set forth above. If the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will endeavor in good faith to provide promptly to Tenant a mutually agreeable subordination, non-disturbance Page 31 of 45 10 and attornment agreement executed by Landlord and the holder of such security interest in a mutually agreeable form. c. Entire Agreement. This Agreement sets forth the entire, final, and complete understanding between the Parties hereto relevant to the subject matter of this Agreement, and it supersedes and replaces all previous understandings or agreements, written, oral, or implied, relevant to the subject matter of this Agreement made or existing before the date of this Agreement. Except as expressly provided by this Agreement, no waiver or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed by both Parties. Any provision of this Agreement that logically would be expected to survive termination or expiration, shall survive for a reasonable time period under the circumstances, whether or not specifically provided in this Agreement. d. Assignment. Neither Party may assign or otherwise transfer any of its rights or obligations under this Agreement to any third-party without the prior written approval of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, Tenant may assign or transfer some or all of its rights and/or obligations under the Agreement to and an Affiliate or a successor entity to its business, whether by merger or by sale of all or substantially all of its assets or stock, and in each case, at least 90-days after said transfer is effective, Notice must be provided to Landlord of such transfer, that provides, if applicable, the updated address for a Notice. The respective rights and obligations provided in this Agreement shall bind and shall inure to the benefit of the Parties hereto, their legal representative, heirs, successors and permitted assigns. No rights, however, shall inure to the benefit of any assignee, unless such assignment shall have been made in accordance with this Section. e. Notice. Unless explicitly set forth to the contrary herein, all notices or requests that are required or permitted to be given pursuant to this Agreement must be given in writing and be deemed to have been given (a) when received or rejected by the addressee if sent by a nationally recognized overnight courier (receipt requested), (b) when received or rejected by the addressee if sent by United States Postal Service (receipt requested), or (c) if sent by email to Tenant’s Lease Administration Department on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. (“Notice”). Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was given and received. A Notice may be by telephone as expressly provided for herein. A Notice must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section): If to be given to Landlord: Joint Powers Water Board of Albertville, Hanover and St. Michael Attn: General Manager 1100 50th St NE Page 32 of 45 10 Albertville, MN 55301 With copy to: Hoff Barry, P.A. Attn: Scott B. Landsman 100 Prairie Center Drive, Suite 200 Eden Prairie, MN 55344 If to be given to Tenant: (i) To Tenant’s Lease Administration Department by email at NoticeIntake@att.com with “Cell Site #: MNL90335; Site Name: St. Michael 1900 Relo (MN) Fixed Asset #: 16530145” in the e-mail subject line; and (ii) With a copy of notices of default to Tenant’s Law Department via first class certified or registered mail, return receipt requested or by a nationally recognized overnight courier, postage prepaid, addressed to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: MNL90335; Cell Site Name: St. Michael 1900 Relo (MN) Fixed Asset #: 16530145 208 S. Akard Street Dallas, TX 75202-4206 f. Severance and Authority. Each provision of this Agreement shall be construed as separable and divisible from every other provision and the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision. In the event that a court or administrative body of competent jurisdiction holds any provision of this Agreement to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, such provision shall be construed by limiting and reducing it so that such provision is valid, legal and fully enforceable while preserving to the greatest extent permissible the original intent of the parties; the remaining terms and conditions of this Agreement shall not be affected by such alteration, and shall remain in full force and effect. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. g. Recording. If requested by Tenant, Landlord agrees to execute a Memorandum of this Agreement in recordable form, which form is reasonably acceptable to the Landlord, that Tenant may record, at Tenant’s sole cost and expense, with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or Rent payments. h. Governing Law. This Agreement shall be construed, governed, and enforced in accordance with the laws of the state of Minnesota. Page 33 of 45 10 i. Venue and Attorneys' Fees. Any court action to enforce the terms, conditions and rights herein shall be brought in state or federal court with jurisdiction over Wright County. The prevailing Party shall be entitled to recover reasonable costs and reasonable attorney’s fees incurred as a result of such action. j. Interpretation. For purposes of this Agreement, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. k. No Waiver. The failure of either Party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. l. Survival. The provisions of this Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. m. Compliance with Law. Each Party shall, with respect to its actions and/or inactions pursuant to and in connection with this Agreement, comply with all applicable statutes, laws, rules, ordinances, codes and governmental or quasi-governmental orders or regulations (in each case, whether federal, state, local or otherwise) and all amendments thereto, now enacted or hereafter promulgated and in force during the Term of this Agreement, a Renewal Term or any extension of either of the foregoing. n. Counterparts. This Agreement may be executed in any number of identical counterparts and, as so executed, shall constitute one agreement, binding on all the Parties hereto, notwithstanding that all the Parties are not signatories to the original or the same counterpart. Execution of this Agreement by facsimile or electronic signature shall be effective to create a binding agreement and, if requested, Landlord and Tenant agree to exchange original signed counterparts in their possession. Page 34 of 45 10 o. Sale of the Property. Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the following documents to Tenant: (i) Deed, bill of sale, assignment or other instrument of transfer, (ii) IRS Form W-9, (iii) Completed and Signed Tenant Payment Direction Form, and (iv) Full contact information for new Landlord including phone number(s). p. RF Safety Measures. Landlord hereby grants to Tenant an irrevocable license throughout the Term to install, maintain and replace at Tenant’s expense radio frequency safety notification, access control devices and equipment at locations on the Property that are necessary or useful to comply with legal requirements regarding radio frequency emissions (each, a “RF Safety Measures”). RF Safety Measures may include signs, striping in one or more colors, protective barriers, equipment necessary or useful to RF safety, and other access control measures. Landlord will not prevent, restrict or otherwise impair the installation, maintenance or replacement of any RF Safety Measures. The remainder of this page intentionally left blank; signature page follows Page 35 of 45 10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. JOINT POWERS WATER BOARD OF ALBERTVILLE, HANOVER, AND ST. MICHAEL, a Minnesota joint powers board under Minn. Stat. § 471.59, a/k/a Hanover, St. Michael, and Albertville Joint Powers Board By: Its: Chair Date:______________ By: Its: General Manager Date:______________ NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Andrew Sackreiter Its: Director-Construction & Engineering Date: Page 36 of 45 10 EXHIBIT A Legal Description of Property Property: Lot 1, Block 1, Water Tower Addition, Wright County, Minnesota Utility/Access Easement: Final Survey/legal description pending Page 37 of 45 10 EXHIBIT B Plans Page 38 of 45 10 EXHIBIT C Application Page 39 of 45 10 EXHIBIT D Payment Forms IRS FORM W-9 & EPAY PDF (Page 1 of 3) [IRS FORM W-9 (REVISED MARCH 2024) & EPAY PDF APPEAR ON FOLLOWING TWO (2) PAGES] Page 40 of 45 10 Page 41 of 45 10 Page 42 of 45 City of Hanover – Letter of Objection and Request for Recission To: Joint Powers Water Board Albertville, Hanover, and St. Michael, Minnesota From: City of Hanover Date: September 16, 2026 Subject: Concerns Regarding Process and Approval of 25-Year Power Purchase Subscription The City of Hanover respectfully submits this letter to formally object to the process by which the Joint Powers Water Board considered and approved a 25-year power purchase subscription for solar energy. Our concerns focus on lack of notice, insufficient information for board members, unresolved questions about the long-term land-use and environmental impacts associated with solar energy installations and limited per household benefit. 1. Lack of Notice and Deviation from Standard Government Practice The proposal was presented to the Board without sufficient prior notice to board members, without inclusion on a published agenda, and without the customary opportunity for elected officials to review materials in advance. This is inconsistent with the transparent, deliberative process expected of public bodies. Board members were told that immediate action was necessary to avoid “losing the opportunity,” a framing that is commonly associated with high-pressure sales tactics rather than sound public procurement. Such urgency deprived the Board of the ability to conduct due diligence, consult experts, or evaluate long-term financial and operational implications. 2. Insufficient Information Provided to Board Members The Board received little documentation regarding the subscription terms, cost structure, performance guarantees, escalation provisions, or exit conditions. No comparative analysis was offered, nor were alternative energy options or rate scenarios presented. A 25-year contractual commitment— longer than many municipal infrastructure lifecycles—requires careful evaluation. The absence of supporting materials prevented Board members from making an informed decision on behalf of their communities. 3. Concerns Regarding Solar Energy as a Long-Term Source While solar energy can play a role in diversified municipal planning, it also carries impacts that must be understood before entering long-term agreements: • Land Use: Solar installations can alter hydrology, soil stability, and stormwater behavior. These issues are directly relevant to the mission of the Water Board. • Environmental Considerations: Vegetation removal, grading, and panel placement may affect wildlife habitat and local ecosystems. Page 43 of 45 • Operational Reliability: Solar output varies seasonally and is dependent on weather conditions. Long-term subscriptions may lock cities into rates or technologies that become outdated or less advantageous over time. • Decommissioning and Site Restoration: Solar facilities require clear, enforceable plans for end-of-life removal and land restoration—none of which were reviewed prior to the vote. These concerns are not objections to solar energy itself, but to the absence of a thorough evaluation process and the lack of any opportunity for the board to review or even discuss these questions prior to approval. 4. Limited Per-Household Financial Impact At the meeting, the projected savings from the PPA were described as $6,726 in the first year and $168,154 over the full 25-year term. Using U.S. Census Bureau 2020–2024 household estimates for the three member cities—Albertville: 2,983 households, Hanover: 1,169 households, and St. Michael: 7,189 households—the combined total is 11,341 households. First-year savings by that total equals approximately $0.5 per household. The 25-year total savings equals approximately $14.38 per household for the entire term of the subscription. Stated another way, the long-term projected savings amount to less than one dollar per household per year across the three cities. This estimate should have been available to board members prior to consideration. 5. Request for Consideration of Rescission Given the procedural deficiencies and the lack of substantive review, the City of Hanover formally requests that the Joint Powers Water Board: 1. Place this issue on the September 28, 2026, Joint Powers Water Board agenda for consideration of rescinding the August 24, 2026, board vote; 2. Suspend implementation of the agreement until a full review can be conducted; 3. Provide all member cities with complete documentation, including financial modeling, environmental assessments, contract terms, and alternative options; 4. Place the matter on a future agenda with proper notice, allowing for public transparency and informed deliberation. 6. Commitment to Partnership Hanover values its partnership with the Joint Powers Water Board and with the member cities of Albertville and St. Michael. We also recognize that some of the facts or assumptions stated in this letter may be incomplete or may need to be corrected as more information becomes available. That is because we do not have information about the project beyond the limited scope presented at the Board meeting immediately prior to the vote. We raise these concerns in the spirit of cooperation and with the goal of ensuring that all member cities have the information needed to review the project fully and responsibly. We appreciate your attention to this matter and look forward to a constructive discussion. Respectfully, Page 44 of 45 Hanover City Council Page 45 of 45