ITEM 3.9 Lease Agreement with Nextera��SSCITY OF O
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Legal
City Attorney MacArthur
May 8, 2017
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent Item
City Administrator/Finance Director
Flaherty
3.9
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the Council approve the attached Lease Agreement with Nextera Wireless for
placement of antennas and equipment and operation off of Water Tower #3.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
The City previously had a lease Agreement with Nextera for operation off of Water Tower No. 1, presently
under construction. Nextera and the other providers on Water Tower # 1 were notified that they had to
remove their antennas and equipment temporarily for the construction to proceed. At that time, Nextera
indicated that they would like to relocate to Water Tower #3. There are currently no other antennas or
equipment except for City SCADA on Water Tower #3. Rather than make two moves, staff agreed to allow
them to move to Water Tower #3 during construction pending negotiation of a new lease for location on
Water Tower #3.
Nextera (then StoneBridge) was the first internet provider located in the City. The original lease with Stone
Bridge was not consistent with subsequent telecommunication leases on City facilities in the amount of
rent, yearly escalator clauses, and requirement that equipment be kept in a separate building at the base
of the tower. The new lease adjusts the rental rate to conform to other providers, includes an escalator
clause and requires that equipment be contained in a separate cabinet outside of the tower on the water
tower premises.
The proposed lease contains the same requirements contained in other tower lease agreements and is for
a five year period with renewal at the discretion of the City. City staff have met and discussed the lease
with Nextera and they are in agreement with its terms and conditions.
The final location of the cabinet will be determined by City staff and Nextera and a drawing of its location
will be added to Exhibit B after the location is determined.
SUPPORTING DOCUMENTS ATTACHED:
• Lease Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve Water Lease Agreement between the City of Otsego and Nextera Wireless for use of
Water Tower No. 3 and surrounding property.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
WATER TOWER LEASE- CITY OF OTSEGO AND NEXTERA WIRELESS
THIS AGREEMENT made this day of May, 2017 by and between the City of Otsego (CITY), a
Minnesota Municipal Corporation and Nextera Wireless (NEXTERA) a Minnesota Limited Liability
Company.
WHEREAS, CITY is owner of certain real property identified as PID 118-249-000050, Otsego, Minnesota
upon which CITY has constructed, owns and operates a water tower designated as Otsego Water Tower
No. 3; and
WHEREAS, NEXTERA desires to lease certain space upon the water tower and at the base of the water
tower upon the surrounding property (not within the tower structure) to operate telecommunications
equipment located upon the Tower, as such equipment may be modified, supplemented, or replaced by
NEXTERA from time to time.
NOW, THEREFOR, in consideration of the foregoing and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The City Property. The water tower site is legally described on Exhibit A, and hereinafter
referred to as WATER TOWER #3.
2. The Leased Property. CITY hereby leases to NEXTERA for NEXTERA's use space on WATER
TOWER #3 and certain ground space below WATER TOWER #3 as set forth on Exhibit B, and
hereinafter referred to as the Leased Property.
NEXTERA will have the non-exclusive right to place the Equipment, as defined in Paragraph 3
below, on the Leased Property, together with the non-exclusive right of ingress and egress to
the Leased Property, subject to CITY policies and rules regarding access as they now exist and as
subsequently modified by CITY during the course of this Lease, for the purposes of installation,
operation and maintenance, inspection and removal of the equipment from the Leased
Property, provided NEXTERA must follow CITY's security procedures when entering the Leased
Property and WATER TOWER #3. CITY security policies and rules are subject to periodic
alteration at the sole discretion of CITY. NEXTERA must provide advance notification to CITY for
any entry into WATER TOWER #3. In addition, CITY grants NEXTERA the right to run the
necessary cables, conduits and wires to the Equipment at locations approved by CITY and
agreed to by NEXTERA. NEXTERA will have the right to replace the Equipment from time to time
with similar and comparable Equipment provided the replacement does not materially increase
loading on WATER TOWER #3, or interfere with other equipment on WATER TOWER #3. Prior to
NEXTERA being able to use any new or replacement Equipment on the Leased Property,
NEXTERA must have conducted and provided to CITY an interference study and loading study
which has determined that the placement of the Equipment on the Leased Property presents no
significant risk of excessive loading or interference with any other user of the WATER TOWER #3
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having a higher priority or equal priority. The CITY SCADA system has higher priority. CITY has
authority, at NEXTERA's cost, to hire a qualified engineering firm to review proposed
installations, review structural analysis's, RF (radio frequency) interference studies, as well as
perform inspections of the above mentioned items as directed.
3. The Equipment. CITY grants NEXTERA non-exclusive access onto the Leased Property and
WATER TOWER #3 for purposes of construction, maintenance, operation and removal of the
Equipment from the Leased Property, subject to CITY policies and rules regarding access to the
Leased Property and WATER TOWER #3. CITY will allow NEXTERA to install, inspect, maintain,
operate and replace the following Equipment on the Leased Property for use only for providing
wireless phone and data delivery service :
i. Up to six (6) antennas or equivalent structures.
ii. Transmission lines, mounting and grounding hardware, which lines and equipment must be
anchored and installed on WATER TOWER #3 in accordance with good and accepted
engineering practices, and which must not interfere with use of the water tower.
iii. In the event of an emergency power outage, and for the duration of such outage, NEXTERA
may install a temporary power generator to be located adjacent to WATER TOWER #3. The
fuel tank for the generator is self- contained (gasoline or diesel) and must be in compliance
with all applicable fire and health codes.
iv. Related support equipment including for six (6) antennas: one (1) 5 GHz -20" x 20"; two (2)
11 GHz 20" x 8" antennae; one (1) 4' Parabolic Dish antenna; one (1) 3' Parabolic Dish
antenna and one (1) 18 GHz 12" Parabolic Dish antenna.
The equipment listed in this paragraph is collectively referred to as the "Equipment".
4. Equipment Installation. CITY approves the installation of the Equipment as placed on the
effective date of this Agreement. NEXTERA's subsequent installation and/or maintenance of
such Equipment must be done according to plans approved by CITY and inspected by the City
Engineer. NEXTERA will be responsible for the cost of the inspection. Any damage done to the
Leased Property, CITY property and/or WATER TOWER #3 by NEXTERA its employees, agents or
contractors save normal wear and tear, during installation and/or during operation, must be
repaired or replaced within thirty (30) days after notification by CITY, at NEXTERA's expense, and
to CITY's reasonable satisfaction. All work performed on WATER TOWER #3 must be constructed
according to applicable federal, state and local laws, including, but not limited to, OSHA safety
rules and regulations. All materials used on WATER TOWER #3 will not rust or cause the water
tower structure to rust. In the event of such rust, NEXTERA must replace rusting equipment and
repair the water tower structure, as near as practicable, to its pre -rust condition.
5. Additional Equipment. For any and all additional or replacement equipment not in place at the
commencement of this Agreement, NEXTERA must provide CITY with a site plan consisting of
pre -build plans and specifications and as -built drawings of the Equipment to be installed on the
Leased Property, which show the actual location of the Equipment. Said drawings must be
accompanied by a complete detailed inventory of all equipment, personal property, and
antenna facilities of NEXTERA. At CITY's sole discretion lease may need to be revised upon a
request for additional equipment depending on the proposed scope of work. Material additional
equipment may result in an additional fee. At CITY's sole discretion, CITY may require a third
party review of the proposed equipment modifications to be paid for by NEXTERA.
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6. Equipment Costs. The Equipment will be owned and installed by NEXTERA at NEXTERA's cost.
Any construction plans and specifications are subject to CITY's approval, such approval not to be
unreasonably withheld, conditioned or delayed. Subsequent maintenance and replacement of
the Equipment will be at the responsibility of and at the discretion of NEXTERA.
7. Term. This Agreement shall be for a term of five (5) years, commencing on May 1, 2017 (the
"Initial Term"). The Agreement may be renewed for additional five (5) year terms upon
completion of the Initial Term at the sole discretion of CITY, subject to the same terms and
conditions of this Agreement (the "Additional Term").
S. Fee. NEXTERA will pay CITY a monthly fee of $ 1,100.00. The monthly rental fee is based upon
six (6) antennas or equivalent structures at $100.00 per antenna or structure and $500.00 per
month for NEXTERA's equipment located on the ground next to the tower. Additional antennas
or equivalent structures will increase the monthly rent in place at the time that the additional
equipment is installed. The CITY will determine, at its sole discretion, whether or not additional
equipment constitutes an antenna or equivalent structure subject to additional rent. The
monthly rent payment will increase by four percent (4%) of the monthly fee each year of this
Agreement, to be calculated as of the date this Agreement is executed. The same yearly
increase will apply to any Additional Term of this Agreement. Payment will be made in four
quarterly installments and is due and payable on the fifteenth (15th) day of each calendar
quarter for the term of this Agreement. If payment is not received by CITY within fifteen (15)
days of the due date, a late fee of ten percent (10%) will be applied. Failure to pay may result in
termination of this Agreement.
9. Use of the Leased Property. NEXTERA may use the Leased Property for the limited purposes
constructing, maintaining, and operating equipment to provide telecommunication services and
uses incidental thereto. All improvements will be at NEXTERA's expense. NEXTERA must
maintain the Leased Property in reasonable condition and in a manner not causing any damage
to CITY property or equipment.
10. Termination. NEXTERA's installation, operation and maintenance of its Equipment must not
damage or interfere in any way with CITY's operations or related repair and maintenance
activities. NEXTERA agrees to cease all such actions which materially interfere with CITY's use of
WATER TOWER #3 immediately upon actual notice of such interference, provided, however, in
such case, NEXTERA will have the right to terminate this Agreement. CITY, at all times during this
Agreement, reserves the right to take any action it deems necessary, in its sole discretion, to
repair, maintain, alter or improve the Leased Property in connection with operations as may be
necessary, provided CITY must comply with its maintenance obligations stated in Paragraph 12
below. CITY agrees to give reasonable advance of any such activities to NEXTERA and to
reasonably cooperate with NEXTERA to carry out such activities with a minimum amount of
interference with NEXTERA's Equipment. CITY reserves the right to terminate this Agreement
upon thirty (30) days written notice for any material breach by NEXTERA of this Agreement.
11. Priority. CITY has established priority use of its property in case there are conflicts between the
radio or telecommunication uses on WATER TOWER #3. Priority will be given in the following
descending order:
a. CITY use of the facilities including CITY SCADA system; and
b. Entities providing licensed or unlicensed commercial wireless telecommunication services,
including cellular, personal communications services (PCS), specialized mobilized radio (SMR), or
3
enhanced specialized mobilized radio (ESMR), paging, and wireless Internet, and similar devices
that are marketed to the general public.
Before placement of additional equipment after the initial installation, NEXTERA must provide
CITY with an interference study acceptable to CITY, indicating that NEXTERA's intended use will
not interfere with any user having a higher priority as set forth above, or with any existing user
having an equal priority with NEXTERA on WATER TOWER #3. CITY in no way guarantees to
NEXTERA subsequent noninterference with NEXTERA's Equipment; provided, however, that in
the event any third party, except a higher priority user, requests permission to place any type of
additional antenna or equipment on WATER TOWER #3, CITY will ensure that the procedures of
this Paragraph 11 will govern to determine whether such antenna or Equipment will interfere
with NEXTERA's operations. In the event that such interference occurs, NEXTERA has the right to
terminate this Agreement at any time.
IF CITY receives a request from any entity having the same or lesser priority than NEXTERA to
use the Leased Property for communication purposes (the "Requestor"), CITY will submit the
Requestor's proposal, complete with all technical specifications reasonably requested by
NEXTERA, to NEXTERA for review for noninterference. NEXTERA will have thirty (30) days
following receipt of said proposal to make any objections thereto, and failure to make any
objection within said thirty (30) days will be deemed consent by NEXTERA to the installation of
antennas or Equipment pursuant to said proposal. If NEXTERA gives notice of objection due to
concerns of interference during such thirty (30) day period, the CITY will not proceed with such
proposal. The Requestor will be responsible for the expenses incurred in any independent
validation of NEXTERA's interference objections; provided, however, should the independent
analysis conclude that NEXTERA's interference objections are invalid, NEXTERA will be
responsible for any independent validation fees. A higher priority user may be allowed to place
antenna or other communication facilities on WATER TOWER #3 regardless of potential or actual
interference with NEXTERA's use.
NEXTERA's use and operation of its facilities must not interfere with the use and operation of
other communication facilities on WATER TOWER #3 which may have a priority use or which
preexisted NEXTERA's Equipment.
12. Conditions of WATER TOWER #3 and Leased Property. CITY intends to continue the use of CITY
Property as a water tower for an indefinite period of time. During the term of this Agreement,
CITY will keep WATER TOWER #3 in good repair as required by all applicable laws, rules and
regulations. CITY will also comply with all rules and regulations enforced by the Federal
Communications Commission with regard to the lighting, marking and painting of towers. If CITY
fails to make such repairs, including maintenance, NEXTERA may make the repairs and costs
thereof will payable to NEXTERA by CITY.
13. Discontinued Communication Equipment Space. In the event CITY discontinues to offer
communication equipment space on WATER TOWER #3 for any reason, as may be determined
by CITY in its sole discretion, CITY will have the right to terminate this Agreement by giving
notice thereof to NEXTERA in writing by certified mail, return receipt requested, and such notice
will be effective six (6) months after receipt of such notice by NEXTERA as evidenced by the
return receipt. NEXTERA understands and agrees that the water tower and the Leased Property
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may, from time to time, require repair and/or maintenance, including painting. Upon
notification by CITY, NEXTERA will be responsible for and agrees to provide adequate measures
to cover its personal property or Equipment, and protect such from paint and debris fallout or
damage which may occur during the paint restoration, repair, or maintenance processes. In
addition, any additional expenses of repainting, repairing or maintaining CITY's property caused
by NEXTERA's Equipment must be paid promptly by NEXTERA to CITY upon CITY's notice to
NEXTERA of such additional costs. In addition, if deemed necessary by CITY, NEXTERA will
remove its Equipment at NEXTERA's cost upon reasonable notice to allow necessary
maintenance, repair, repainting, reconditioning, restoration or other activities as required by
CITY. Except in the case of an emergency, CITY will give NEXTERA at least sixty (60) days' notice
of repair, repainting or restoration or other activity as required by CITY. In case of emergency,
CITY may remove NEXTERA's Equipment, but must notify NEXTERA by telephone within a
reasonable time, defined as at least twenty four hours' notice by telephone. An "emergency"
will be deemed to exist only in those situations which constitute an immediate threat to the
health or safety of the public. NEXTERA agrees that CITY will not be responsible to NEXTERA for
temporary cessation of use pursuant to this paragraph, provided the rentals due hereunder will
be suspended during any cessation of use.
14. Liability and Indemnity. NEXTERA will indemnify and hold CITY harmless against any claim of
liability or loss from personal injury or property damage resulting from or arising out of the use
and occupancy of the Leased Property or WATER TOWER #3 by NEXTERA. CITY will indemnify
and hold NEXTERA harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the use and occupancy of the Leased Property by CITY.
NEXTERA shall maintain commercial general liability insurance on the property with minimum
limits of $1,000,000 each occurrence and $2,000,000 aggregate. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement. NEXTERA shall maintain
business automobile liability insurance or equivalent form with limit of not less than $1,000,000
each accident. Such insurance shall include coverage for owned, hired, and non -owned
automobiles. NEXTERA shall maintain umbrella liability insurance with a limit not less than
$1,000,000 each accident. NEXTERA must also maintain worker's compensation insurance with
statutory limits and employer's liability insurance with limits of not less than $1,000,000 each
accident. NEXTERA must furnish CITY with properly executed certificates of insurance naming
CITY as an additional insured, which clearly evidence all insurance required.
15. Hazardous Substances. CITY will defend, hold NEXTERA harmless and indemnify NEXTERA
against and from any damage, loss, expenses or liability resulting from the discovery by any
person of hazardous substances generated, stored, disposed of or transported to or over the
Leased Property by NEXTERA, its agents, employees, or contractors, as long as such substance
was not stored, disposed of, or transported to or over the Leased Property by NEXTERA, it
agents, contractors, employees or invitees. NEXTERA will be responsible for any and all
damages, losses, and expenses and will indemnify and defend CITY against and from any
discovery by any persons of such hazardous wastes generated, stored or disposed of as a result
NEXTERA's Equipment during the term of this Agreement.
16, Release. CITY and NEXTERA, and all parties claiming under them, hereby mutually release and
discharge each other from all claims, liabilities and rights of action arising from or caused by any
hazard covered by property insurance required to be carried hereunder, or covered by property
insurance actually carried, regardless of the cause of the damage or loss but limited to the
extent payment is made by the insurer. The release will not apply if it would have the effect, but
only to the extent of such effect, of invalidating any insurance coverage of CITY or NEXTERA.
17. Utilities. NEXTERA will be responsible for installation and payment of all utilities required by its
use of the Leased Property, including electrical service, and NEXTERA assumes all risks of power
failure or insufficient power.
18. Encumbrances on the Equipment. The Equipment and any new and replaced equipment will at
all times remain the sole exclusive property of NEXTERA. CITY will not take any action that would
result in any claims, charges, levies, liens, or encumbrances on or against the Equipment.
19. Conditions of Leased Property. NEXTERA, upon termination of this Agreement, will, within a
reasonable period not to exceed sixty (60) days, remove its personal property and fixtures and
restore the Leased Property to its original condition, reasonable wear and tear excepted. If such
time for removal causes NEXTERA to remain on the Leased Property after termination of this
Agreement, NEXTERA will pay rent at the monthly rate due pursuant to this Agreement, until
such time as the removal of personal property and fixtures is completed.
20. Sale of Leased Property. Should CITY at any time during the term of this Agreement, decide to
sell all or any part of the Leased Property to a purchaser other than NEXTERA, such sale will be
under and subject to this Agreement and NEXTERA's rights hereunder, and any sale by CITY of
the portion of CITY's property underlying any and all right-of-ways and easements for ingress
and egress and utilities herein granted will be under and subject to the right NEXTERA in and to
such rights-of-way and easements.
21. Enjoyment of Leased Property. CITY covenants that NEXTERA, on paying the fee and performing
the covenants by it herein made, will and may peacefully and quietly have, hold, and enjoy the
Leased Property in accordance with the term of this Agreement.
22. Title to Leased Property. CITY covenants that CITY is seized of good and sufficient title and
interest in the Leased Property and has full authority to enter into and execute this Agreement.
CITY further covenants that there are no other liens, judgments or impediments of title on the
Leased Property.
23. Warranties. CITY covenants, warrants, and represents to NEXTERA and NEXTERA, a successors
and assigns that:
a. To the best of CITY's knowledge, NEXTERA's contemplated use of the Leased Property is not
prohibited by or in violation of any zoning or other municipal ordinances, rules or regulations, or
any other restrictions contained in any deed, Lease, or other instrument relating to the Leased
Property.
b. To the best of CITY's knowledge, all improvements on the Leased Property, including but not
limited to equipment shelters and/or the water tower have been constructed and maintained in
accordance with all applicable laws, rules and regulations.
24. NEXTERA Default. Notwithstanding anything in this Agreement to the contrary, NEXTERA will
not be in default under this Agreement until thirty (30) days after receipt of written notice from
CITY specifying NEXTERA's failure to comply with any material provision of this Agreement,
which failure is not cured within said thirty (30) days; provided, however, where such default
cannot be reasonably be cured within thirty (30) days, NEXTERA will not be deemed to be in
default under this Agreement if NEXTERA commences to cure such default within said thirty (30)
days and thereafter diligently pursues such cure to completion.
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In the event of NEXTERA's default in the payment of rentals or NEXTERA's failure to comply with
any other material provision of this Agreement, CITY may, at its option, terminate this
Agreement without affecting its right to sue for all past due rentals, interest, and any other
damages to which CITY may be entitled.
25. CITY Default. In the event of CITY's failure to comply with any material provision of this
Agreement, which failure is not cured within thirty (30) after receipt of written notice from
NEXTERA (provided, however where any such default cannot reasonably be cured within thirty
(30) days, CITY will not be deemed to be in default under this Agreement if CITY commences to
cure such default within said thirty (30) days and thereafter diligently pursues such cure to
completion). NEXTERA may terminate this Agreement without affecting its right demand, sue
for, and collect all of its damages arising out of CITY's failure to comply, said damages being
limited to rent or fees paid during the period of default and to termination of the Agreement.
26. Modification. It is hereby mutually agreed and understood that this Agreement, contains all
agreements, promises and understandings between CITY and NEXTERA on leasing of space on
and under WATER TOWER #3, that no verbal or oral agreement, promises, or understandings
will be binding upon either CITY or NEXTERA in any dispute, controversy, or proceeding at law,
and any addition, variation, or modification of this Agreement will be void and ineffective unless
in writing and signed by the parties hereto.
27. Interpretation. This Agreement, together with the attached Exhibits and any subsequent
amendments, constitutes the entire agreement between the parties regarding the matters
described in this Agreement, and this Agreement supersedes any previous oral or written
agreements between the parties. This Agreement will not be construed or interpreted against
either party based on a claim that the party drafted a provision. Both parties participated in
drafting and revising this Agreement.
28. Governing Law. This Agreement and performance thereof will be governed, interpreted,
construed, and regulated by the laws of the State of Minnesota.
29, Notice. All notices hereunder must be in writing and will be deemed validly given if sent by
certified mail, return receipt requested, addressed as follows: to NEXTERA at 7115 Forthum
Road, Suite 100, Baxter, MN 56425; to CITY at 13400 90th Street NE, Otsego, MN 55330.
30. Binding Effect. This Agreement will extend to and bind the heirs, personal representatives,
successors, and assigns of the parties hereto.
31. Assignment. None of the parties to this Agreement will transfer or assign this Agreement or any
of the parties' rights or obligations under this Agreement without the express written consent of
the other party.
32. Mortgage. At CITY's option, this Agreement will be subordinate to any mortgage by CITY which,
from time to time, may encumber all or part of the Leased Property and any rights-of-way and
easements thereto; provided, however, every such mortgage will recognize the validity of this
Agreement in the event of foreclosure of CITY's interest and also NEXTERA's right to remain in
occupancy of and have access to the Leased Property as long as NEXTERA is not in default of this
Agreement. NEXTERA will execute whatever instruments may be reasonably be required to
evidence this subordination clause.
33. Equipment. This Agreement will not be construed so as to preclude additions, deletions, or
modifications by CITY to CITY's own equipment at this location. No additions, deletions, or
7
modifications to NEXTERA's equipment at this location may be made which, within CITY's
reasonable discretion, harmfully interferes with CITY's use at its location.
34. Escrow. NEXTERA shall place $3,000.00 in escrow with the CITY at the date of execution of this
Agreement to be held by the CITY at all times during the course of this Agreement or any
subsequent renewals for the purpose of reimbursing the CITY for any costs incurred by the CITY
in administering or enforcing the terms and conditions of this Agreement, including, but not
limited to, repairs to WATER TOWER #3 or the Leased Property or the removal of NEXTERA's
Equipment from the site due to non-payment or material breach of this Agreement
35. Recording. At the request of either party, the parties will execute a written memorandum of this
Agreement, which will be recorded as appropriate under Minnesota law. At the expiration or
termination of this Agreement, NEXTERA will promptly execute a quit claim and/or release of
any interest in the Leased Property, in recordable form and deliver the same to CITY.
36, Severability. If any court of competent jurisdiction finds any provision or portion of this
Agreement is invalid, illegal, or unenforceable, that portion will be deemed severed from this
Agreement, and all remaining terms and provisions of this Agreement will remain binding and
enforceable; however, the parties agree that this Agreement will be reformed to replace any
invalid, illegal, or unenforceable provision or portion of this Agreement with an alternative
provision that is enforceable and bears as close resemblance as possible to any provision
determined to be invalid, illegal or unenforceable.
37. No Waiver. Any failure by either CITY or NEXTERA to enforce any provisions of this Agreement
upon any default, breach or cause will not be deemed a waiver of any of CITY's or NEXTERA's
rights or remedies with respect to any subsequent default, breach, or cause.
38. Headings. Heading in this Agreement are for convenience only and will not be used to interpret
or construe its provisions.
39. Counterparts. This Agreement may be signed in counterparts, meaning that the Agreement is
valid if signed by all parties even if the signatures of the parties appear on separate copies of the
same Agreement rather than on one original.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals (if any)
the day and year first above written.
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
NEXTERA
Its
EXHIBIT A
LEGAL DESCRIPTION OF WATER TOWER SITE
OUTLOT E, GATEWAY NORTH according to the Plat on file and of record at the Office of the
County Recorder, Wright County, Minnesota.
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EXHIBIT B
CABINET DRAWINGS AND CABINET LOCATION (attached)
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