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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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. §
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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
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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
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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.
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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.
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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
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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:
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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
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EXHIBIT B
Plans
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EXHIBIT C
Application
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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]
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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.
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• 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,
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Hanover City Council
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