CITY OF ST. PETERS BOARD OF ALDERMEN BOA Packet.pdfcity of st. peters board of aldermen tentative agenda for regular meeting st. peters justice center, 1020 grand teton drive, st

CITY OF ST. PETERS BOARD OF ALDERMEN

TENTATIVE AGENDA FOR REGULAR MEETING ST. PETERS JUSTICE CENTER, 1020 GRAND TETON DRIVE, ST. PETERS, MO 63376

September 28, 2017 – 6:30 P.M.

A. Call to Order, Mayor Len Pagano

B. Roll Call

C. Opening Ceremonies

1. Invocation

2. Pledge of Allegiance

3. Presentation to Marie Weber

D. Approval of Minutes: The Board of Aldermen Work Session meeting of September 14, 2017; and the Regular Board of Aldermen meeting of September 14, 2017.

E. Reports of Officers, Boards and Commissions

1. Mayoral Report of Appointments to Boards and Commissions

a. Appointments to St. Peters Hotel Community Improvement District

2. City Administrator’s Report:

a. Fiscal Year 2017 Bond Update – French

3. Report of Director, Planning, Community and Economic Development:

a. Petition 17-13 – CPD Amendment - EFN 4951 Executive Centre Property, LLC c/oKatie Napleton – Powers

b. Petition 16-10 – SUP Extension – Mid Rivers Investment Partners, LLC – Powers

c. Petition 16-11 – SUP Extension – Mid Rivers Investment Partners, LLC – Powers

4. St. Peters Business Spotlight: None

F. Open Forum

1. Citizens Petitions and Comments

2. Communications from the Elected Officials

3. Announcements

G. Public Hearings:

1. Public Hearing for the Proposed Tax Rates for Calendar Year 2017

H. Unfinished Business Items: None

I. New Business Items:

1. Bill No. 17-145: Bill approving a time extension by the Board of Aldermen of the City ofSt. Peters for a Special Use Permit in the C-3 General Commercial District forconvenience stores and gas stations in response to a request by Mid Rivers InvestmentPartners, LLC (Petition 16-10)

2. Bill No. 17-146: Bill approving a time extension by the Board of Aldermen of the City ofSt. Peters for a Special Use Permit in the C-3 General Commercial District for Kennels inresponse to a request by Mid Rivers Investment Partners, LLC (Petition 16-11)

3. Bill No. 17-147: Bill of the City of St. Peters, Missouri, amending Section 240.110 of theSt. Peters City Code by deleting it in its entirety; and enacting, in lieu thereof, a newSection 240.110; and providing for restrictions on the installation and removal ofmemorials within the City [Sponsor: Mayor]

4. Bill No. 17-148: Bill amending Title III of the Municipal Code of the City of St. Peters byadding a new Table I-C to Schedule I of Title III; amending Table II-A. of Schedule 1 ofTitle III; amending Chapter 240 by enacting a new Section 240.130; and providingregulations for speed, stop sign and other traffic regulations within City parks [Sponsor:Hollingsworth]

5. Bill No. 17-149: Bill establishing the Ad Valorem Taxes for all real and tangible personalproperty within the City of St. Peters, for the period of January 1, 2017 to December 31,2017

6. Bill No. 17-150: Bill authorizing the City Administrator of the City of St. Peters, Missourito enter into a Professional Services Agreement with Black & Veatch to provide the JointVenture Pipeline Assessment and Study

7. Bill No. 17-151: Bill authorizing the City Administrator of the City of St. Peters, Missourito enter into an agreement for engineering services providing for sanitary sewer flowmonitoring

8. Bill No. 17-152: Bill authorizing the City Administrator of the City of St. Peters, Missourito enter into a Contract Change Order No. 1 with Oros & Busch ApplicationTechnologies, Inc. for the removal and land application of lime residual

9. Bill No. 17-153: Bill of the City of St. Peters, Missouri, amending Paragraph 11 ofSubsection A of Section 605.185 and Paragraph 11 of Subsection A of Section 605.186of the St. Peters City Code by deleting them in their entirety; enacting a new Paragraph11 of Subsection A of Section 605.185 and a new Paragraph 11 of Subsection A ofSection 605.186; and providing for the regulation of Itinerant Vendors and Multi-vendorOperators conducting business in the City

10. Bill No. 17-154: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to execute an amended and restated PCS Site Lease between New Cingular WirelessPCS, LLC and the City of St. Peters, Missouri for the use of the Arrowhead Water Tank

11. Bill No. 17-155: Bill approving a record plat within the City of St. Peters, Missouri for thepurpose of recording in St. Charles County, Missouri (Meadowridge Apartments –Amenities Plat)

12. Bill No. 17-156: Bill approving Record Plats within the City of St. Peters, Missouri, for thepurpose of recording in St. Charles County, Missouri (Meadowridge Apartments Plat A,Meadowridge Apartments Plat B, Meadowridge Apartments Plat C, MeadowridgeApartments Plat D, Meadowridge Apartments Plat E, Meadowridge Apartments Plat F,Meadowridge Apartments Plat G, Meadowridge Apartments Plat H, MeadowridgeApartments Plat I, Meadowridge Apartments Plat J, Meadowridge Apartments Plat K,Meadowridge Apartments Plat L, Meadowridge Apartments Plat M, MeadowridgeApartments Plat N, Meadowridge Apartments Plat O)

13. Bill No. 17-157: Bill approving a record plat within the City of St. Peters, Missouri, for thepurpose of recording in St. Charles County, Missouri (Resubd. Lot 3 Schneider FarmEstates)

14. Bill No. 17-158: Bill approving the name change of St. Henry Lane to South Gatty Drive

15. Bill No. 17-159: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to execute a contract with Key Equipment & Supply for the purchase of Solid WasteCollection Equipment

16. Bill No. 17-160: Bill authorizing the City Administrator of the City of St. Peters, Missouri,to execute a contract with R.N.O.W. for the purchase of Yard Waste CollectionEquipment

17. Bill No. 17-161: Bill amending certain sections of the Municipal Code of the City of St.Peters, Missouri; Title IV: Land Use Pertaining to Zoning and Property within said city inresponse to rezoning Petition Number 17-13 EFN 4951 Executive Centre Property LLCc/o Katie Napleton by making certain changes in the designated districts in certainsections of said city

18. Resolution of the City of St. Peters, Missouri approving a plan for the acquisition,construction and improvement of a facility for an Industrial Development Project in theCity

J. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6)

K. Adjournment

AGENDA Posted at City Hall: September 25, 2017 at 9:00 a.m. By: P. Smith, City Clerk

Next Regular Board of Aldermen Meeting: October 12, 2017

CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES September 14, 2017

BOARD OF ALDERMEN ITEMS FOR DISCUSSION

The Work Session was called to order at approximately 5:00 p.m. on Thursday, September 14, 2017 at the St. Peters Justice Center located at 1020 Grand Teton Drive. Scott Baumgartner, Deputy City Clerk, called the roll. The following were present: Mayor Pagano; Alderman Aytes; Alderman Bateman; Alderman Hollingsworth; Alderman Reitmeyer; Alderman Shea; Alderman Thomas; Board President Alderman Violet; Alderman Barclay; Russ Batzel, City Administrator; Jeff Finkelstein, Police Chief; Cathy Pratt, Staff Support Services Manager; Burt Benesek, Transportation and Development Services Manager; Bill Malach, Water Environment Services Manager; Rick Oloteo, Recreation and Cultural Services Manager; Jeff Hutsler, Parks and Golf Services Manager; Dave Kuppler, Health and Environmental Services Manager; Special Counsel Weber; Scott Baumgartner, Deputy City Clerk. City Clerk, Patricia Smith was absent.

COMMUNICATIONS FROM BOARD MEMBERS/ALDERMANIC REPRESENTATIVES

Committee reports were given during this time.

BOARD OF ALDERMEN ITEMS FOR DISCUSSION

No items for discussion

MAYOR/CITY ADMINISTRATOR ITEMS

NEW BUSINESS ITEMS

Alderman Hollingsworth moved and Alderman Violet seconded the motion to remove Discussion/ Changes or Removal to Existing Monuments, Memorials, & Plaques to Require Board Approval from the agenda for discussion. The motion was approved.

DISCUSSION/ CHANGES OR REMOVAL TO EXISTING MONUMENTS, MEMORIALS, & PLAQUES TO REQUIRE BOARD APPROVAL – MAYOR

Mayor Pagano explained the purpose of this discussion, as it relates to an instance where a certain Mayor authorized the removal of a monument within a certain city without approval from the city’s Board of Aldermen. Mayor suggested a city code amendment to require a two-thirds vote of approval by the Board of Aldermen for removal of existing monuments, memorials or plaques on public property within the City. There was discussion and clarification relating to forceful removal as opposed to repair and replacement of existing monuments, memorials and plaques; future Federal requirements superseding City requirements; and forceful removal of not only a plaque but a name as well. Special Counsel

City of St. Peters: Board of Aldermen Work Session Minutes September 14, 2017 Page 2 of 6

Weber advised that a majority vote is the statutory requirement. With no further comments or questions from the Board of Aldermen, Alderman Shea moved and Alderman Hollingsworth seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Barclay moved and Alderman Bateman seconded the motion to remove Draft Ordinance for Amended and Restated PCS Site Lease from the agenda for discussion. The motion was approved.

DRAFT ORDINANCE FOR AMENDED AND RESTATED PCS SITE LEASE – MALACH

Mr. Malach requested a fourth amendment with New Cingular Wireless PCS, LLC and restated Personal Communication System (PCS) Site Lease for the use of the Arrowhead Industrial Park water tower located at 17 Cermak Blvd. This amendment will extend the term of the lease and modify the rent payable under the lease. The fourth amendment will extend the term of this lease for a period ending on March 24, 2022, with an automatic renewal for three (3) separate consecutive additional periods of five (5) years. The base rent payable by New Cingular Wireless during the initial term of the lease amendment will be $33,177.60 annually. During the three separate consecutive 5-year automatic extension periods, the first extension term March 25, 2022 - March 24, 2027, the base rent payable under this lease shall be $39,813.12. During the second extension term, March 25, 2027 - March 24, 2032, the base rent payable under this lease shall be $47,775.74. During the third extension term, March 25, 2032 - March 24, 2037, and any annual term thereafter, the base rent payable under this lease shall be $57,330.89. Questions from the Aldermen regarding the rental rates were addressed. Special Counsel Weber advised they have been testing what the market will bear and are successful in charging a premium due to the height of the water tower; and a 20% increase at every five year renewal has been in place. Mr. Malach requested Board of Aldermen consideration at the September 28, 2017 meeting. With no further comments or questions from the Board of Aldermen, Alderman Thomas moved and Alderman Violet seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Barclay moved and Alderman Shea seconded the motion to remove Flow Monitoring Services Bid Recommendation from the agenda for discussion. The motion was approved.

FLOW MONITORING SERVICES BID RECOMMENDATION – MALACH

Mr. Malach explained the City has rehabilitated several major sources of inflow and infiltration (I/I) in a known problem area within our 263-mile sanitary sewer collection system. He advised that the City needs to identify other I/I sources through a comprehensive flow monitoring program to identify other areas where I/I remediation could address similar issues. This project will collect dry and wet weather flow data, rain fall information, I/I analysis, and identify future investigation and rehabilitation projects. Mr. Malach explained the consultant’s responsibilities. On August 14, 2017, staff received and reviewed five (5) proposals from


consulting firms for Request for Qualification Proposals. Staff recommends negotiating an engineering services agreement with RJN Group, Inc. for a unit price and lump sum basis of $119,520.00. Mr. Malach requested Board of Aldermen consideration at the September 28, 2017 meeting. With no comments or questions from the Board of Aldermen, Alderman Hollingsworth moved and Alderman Thomas seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Violet moved and Alderman Barclay seconded the motion to remove JV Pipeline Assessment & Study Recommendation from the agenda for discussion. The motion was approved.

JV PIPELINE ASSESSMENT & STUDY RECOMMENDATION – MALACH

Mr. Malach recounted the St. Peters/St. Charles Joint Venture Pipeline, provided aerial photography showing the location of the pipeline, and explained various repairs previously made to the pipeline along with the background of the project. Mr. Malach thoroughly reviewed the consultant responsibilities and explained the review committee process. He discussed funding and explained there is a Joint Venture maintenance account established in 1987, which has a balance of $805,683.00 and requires a minimum balance of $500,000.00. Both Cities have agreed that the account will be reimbursed up to the minimum balance. St. Peters reimbursement portion will be approximately $97,237.88.

He explained that on August 10, 2017, the City received four (4) Request for Qualification Proposals from engineering consulting firms for the Joint Venture Pipeline Assessment and Study recommendation. The review committee recommends Black & Veatch in the amount not to exceed fee of $550,000.00, which includes $289,657.00 sub consultant fees for the pipeline inspection and soil sampling services. Mr. Malach requested Board of Aldermen consideration at the September 28, 2017 meeting. With no comments or questions from the Board of Aldermen, Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Reitmeyer moved and Alderman Shea seconded the motion to remove Contract Change Order No. 1 Lime Land Application Program from the agenda for discussion. The motion was approved.

CONTRACT CHANGE ORDER NO. 1 LIME LAND APPLICATION PROGRAM – MALACH

After giving background on this program, Mr. Malach requested approval for a contract change order to Oros & Busch Application Technologies, Inc. for the fall 2017 lime land application program (LAP). The bid unit cost per gallon is $.0347. The original contract amount issued in March 2017 was $87,600 and $30,938.55 is remaining in this contract. However, it is estimated approximately 1.5-MG of lime residuals need to be removed and land applied this fall; therefore, he is recommending a contract change order for $25,000 to be added to this contract, which will bring the total contract value to $112,600. Mr. Malach


requested Board of Aldermen consideration at the September 28, 2017 meeting. With no comments or questions from the Board of Aldermen, Alderman Hollingsworth moved and Alderman Shea seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Shea moved and Alderman Violet seconded the motion to remove Yard Waste Collection Trucks Bid Recommendation from the agenda for discussion. The motion was approved.

YARD WASTE COLLECTION TRUCKS BID RECOMMENDATION – KUPPLER

Mr. Kuppler introduced Carl Crain, Director of Fleet and Environmental Operations, who is available for any questions on the trucks. Mr. Kuppler advised that yard waste trucks #955 and #958 are scheduled for replacement in FY17 and will be replaced with automated yard waste trucks that are capable of collecting yard waste from carts and also be able to hand-load the paper yard waste bags. In August, staff received only one bid with those specifications from RNOW, Inc. for $256,115.00, for a total of $512,230 for both trucks. Mr. Kuppler explained the reason this bid is $12,230 over budget and addressed questions from the Board. Staff requested Board of Aldermen consideration at the September 28, 2017 meeting. With no further comments or questions from the Board of Aldermen, Alderman Shea moved and Alderman Reitmeyer seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Bateman moved and Alderman Hollingsworth seconded the motion to remove Solid Waste Collection Trucks Bid Recommendation from the agenda for discussion. The motion was approved.

SOLID WASTE COLLECTION TRUCKS BID RECOMMENDATION – KUPPLER

Mr. Kuppler informed that on September 7, 2017, staff received seven (7) bids from four (4) vendors for the replacement of two automated side loading solid waste vehicles, #949 and #960, used for residential collection. Fleet Maintenance and Solid Waste staff is recommending the Labrie Automizer offer by Key Equipment, located in Maryland Heights, for a cost of $564,990.00 for the two vehicles. This amount is $24,990 over budget. Because of increasing repair issues with the collection vehicles previously purchased, Mr. Kuppler explained that a team of Solid Waste Technicians was created to review the solid waste collection vehicles, which are currently on the market. He explained that since the bid specifications for this purchase were adjusted, the results were bid responses higher than originally anticipated during budget discussions. He discussed further exceptions to the bids, with Key Equipment having the fewest with six exceptions. Questions from the Aldermen were addressed. Mr. Kuppler requested Board of Aldermen consideration at the September 28, 2017 meeting. With no comments or questions from the Board of Aldermen, Alderman Shea moved and Alderman Hollingsworth seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was


approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

Alderman Violet moved and Alderman Bateman seconded the motion to remove Secretary of State/Records Retention Schedule from the agenda for discussion. The motion was approved.

SECRETARY OF STATE/RECORDS RETENTION SCHEDULE – BAUMGARTNER

Deputy City Clerk Baumgartner stated that the Destruction of Records forms provided in this evening’s meeting packet necessitate being entered and made a part of the minutes of the Board of Aldermen meeting for September 14, 2017. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to accept the Deputy City Clerk’s report regarding the Destruction of Record forms provided in the Work Session packet to be entered into the September 14, 2017 minutes of the Board of Aldermen. The motion was approved. No further Board of Aldermen action is required on this item.

MISCELLANEOUS UPDATES – BATZEL

Lisa Bedian, Director of Communications, gave an update and schedule of events for Celebrate St. Peters, which is this weekend.

Ms. Pratt gave a recommendation from staff to amend City Code Sections 605.185 and 605.186 related to the Itinerant Vendors and Multi-vendor Operators, specifically at Mid Rivers mall. Staff and the mall is requesting to eliminate the requirement for the criminal background check for those short-term vendors that are operating inside the mall only. This will help the mall to facilitate those short-term pop-up vendors selling goods and advised that the mall has their own processes for doing checks on those vendors. She informed that the other stores do not have to go through a background check, so it puts these short-term vendors on par with their requirements. A draft ordinance was included in the Board packet for review. With no comments or questions from the Board, Alderman Hollingsworth moved and Alderman Thomas seconded the motion to place this item on the September 28, 2017 Board of Aldermen meeting agenda for consideration. The motion was approved. This item will be placed on the September 28, 2017 Board of Aldermen meeting agenda for consideration.

BOARD MEETING AGENDA ITEM REVISIONS – BATZEL

None

Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6)

Alderman Barclay moved and Alderman Hollingsworth seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section 610.021(1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6) and then adjourn the Work Session meeting from the Executive Session. With the motion approved, the Board of Aldermen entered Executive Session at approximately 6:10 p.m. Roll Call was taken as follows: President of


the Board of Aldermen, Alderman Violet: yes; Alderman Hollingsworth: yes; Alderman Reitmeyer: yes; Alderman Thomas: yes; Alderman Bateman: yes; Alderman Shea: yes; Alderman Barclay: yes; Alderman Aytes: yes.

ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION

Alderman Violet moved and Alderman Hollingsworth seconded the motion to adjourn the Executive Session and the Work Session meetings. The motion carried and the Executive Session and the Work Session was adjourned at approximately 6:23 p.m. with roll call shown as follows: President of the Board of Aldermen, Alderman Violet, yes; Alderman Hollingsworth, yes; Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, yes; Alderman Barclay, yes; Alderman Shea, yes; Alderman Aytes, yes.

Submitted by,

Scott Baumgartner Deputy City Clerk

CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES SEPTEMBER 14, 2017

CALL TO ORDER

Mayor Pagano called the Board of Aldermen meeting to order at approximately 6:31 p.m. on September 14, 2017, at the St. Peters Justice Center located at 1020 Grand Teton Drive. Scott Baumgartner, Deputy City Clerk, called the roll. Present were: Mayor Pagano; Alderman Aytes; Alderman Barclay; Alderman Bateman; Alderman Hollingsworth; Alderman Shea; Alderman Thomas; Alderman Reitmeyer; Board President Violet; Russ Batzel, City Administrator; Randy Weber, Special Counsel; Chief Finkelstein; Scott Baumgartner, Deputy City Clerk. Mr. Jeff Violet delivered the Invocation. Sts. Joachim and Ann Boy Scout Troops 35, 72, 1028, and Pack 961 led the Pledge of Allegiance. Patty Smith, City Clerk was absent.

PROCLAMATION: CONSTITUTION WEEK – ST. CHARLES NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION

Alderman Shea read and presented the Proclamation to Gloria Rodale and Joan Koechig with the Daughters of the American Revolution St. Charles Chapter. The Proclamation designates September 17 – 23, 2017 as Constitution Week in the City of St. Peters.

APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF AUGUST 24, 2017; AND THE REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 24, 2017

Alderman Violet moved and Alderman Reitmeyer seconded the motion to approve the Board of Aldermen Work Session meeting minutes of August 24, 2017, and the Regular Board of Aldermen meeting minutes of August 24, 2017. Motion carried and the minutes were approved.

REPORTS OF OFFICERS, BOARDS AND COMMISSIONS

MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS

APPOINTMENT AND RE-APPOINTMENT TO PLANNING AND ZONING COMMISSION

Alderman Shea read the re-appointment and alternate member appointment of the following individuals to serve as members to the Planning and Zoning Commission: Mr. Gary Westhoff, 12-B Shining Rock Drive, (Ward 1), for the re-appointment as a member for the term effective October 1, 2017 and expiring September 30, 2021. The appointment of the following individual to serve as an alternate member to the Planning and Zoning Commission: Ms. Laura Simon, 991 Whispering Ridge Lane, (Ward 3), for the term effective immediately and expiring September 20, 2021. Alderman Hollingsworth moved and Alderman Shea seconded the motion to approve the appointments. All in favor, the motion was approved.

CITY ADMINISTRATOR’S REPORT

None

Board of Aldermen Minutes: City of St. Peters September 14, 2017 Page 2 of 5

REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT

None

ST. PETERS BUSINESS SPOTLIGHT

None

OPEN FORUM

CITIZENS PETITIONS AND COMMENTS

Dylan Hamann, 6 Yankee Jim Court, St. Peters, spoke about safety concerns and possible renovations to the basketball court at Spencer Creek Park, stating the court is falling into the creek.

COMMUNICATIONS FROM THE ELECTED OFFICIALS

Elected Officials made comments during this time.

ANNOUNCEMENTS

None

PUBLIC HEARINGS

None

UNFINISHED BUSINESS ITEMS

None

NEW BUSINESS ITEMS

MOTION/APPROVED: BILL NO. 17-139: ORDINANCE NO. 6817: AN ORDINANCE AMENDING SCHEDULE III AND TABLE III-A, ESTABLISHING PARKING RESTRICTIONS ON A PORTION OF PARK WEST DRIVE, OF TITLE III, CHAPTER 365, SECTION 365.030 OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, MISSOURI

Alderman Barclay moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to read Bill No. 17-139 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Violet moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-139 passed becoming Ordinance No. 6817.

Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes


AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

MOTION/APPROVED: BILL NO. 17-140: ORDINANCE NO. 6818: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION PHASE SERVICES FOR WATER WELLS 5A, 9A AND 14 (BLACK & VEATCH)

Alderman Violet moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Shea seconded the motion to read Bill No. 17-140 for the first time. The motion carried and Alderman Shea read the Bill. Alderman Bateman moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Shea moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-140 passed becoming Ordinance No. 6818.

Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Yes Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

MOTION/APPROVED: BILL NO. 17-141: ORDINANCE NO. 6819: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE A CONTRACT CHANGE ORDER WITH MILLSTONE WEBER CONSTRUCTION COMPANY FOR THE MEXICO ROAD RESURFACING PHASE II PROJECT (FEDERAL PROJECT NO. STP 5655(611))

Alderman Bateman moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Bateman moved and Alderman Aytes seconded the motion to read Bill No. 17-141 for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Bateman read the Bill. Alderman Violet moved and Alderman Bateman seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-141 passed becoming Ordinance No. 6819.


MOTION/APPROVED: BILL NO. 17-142: ORDINANCE NO. 6820: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CONTRACT WITH DEMIEN CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF RESTROOM FACILITIES AT COVENANT PARK AND COMMUNITY PARK

Alderman Shea moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Shea moved and Alderman Barclay seconded the motion to read Bill No. 17-142 for the first time. The motion carried and Alderman Violet read the Bill. Alderman Reitmeyer moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-142 passed becoming Ordinance No. 6820. Alderman Hollingsworth abstained from voting due


to the bid winner is a business client of his.

Reitmeyer: Yes Thomas: Yes Bateman: Yes Hollingsworth: Abstain Shea: Yes Violet: Yes Aytes: Yes Barclay: Yes AYES: 7 NAYS: 0 ABSTENTIONS: 1 ABSENT: 0 MAYOR:

MOTION/APPROVED: BILL NO. 17-143: ORDINANCE NO. 6821: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A DECLARATION OF COVENANTS AND RESTRICTIONS, PERTAINING TO CERTAIN REAL PROPERTY IDENTIFIED AS A WETLAND MITIGATION AREA FOR CONSERVATION PURPOSES FOR THE SALT RIVER ROAD EXTENSION PROJECT

Alderman Violet moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Violet moved and Alderman Reitmeyer seconded the motion to read Bill No. 17-143 for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Barclay moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-143 passed becoming Ordinance No. 6821.


MOTION/APPROVED: BILL NO. 17-144: ORDINANCE NO. 6822: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A TRANSPORTATION SERVICES AGREEMENT TO PROVIDE TRANSPORTATION AND ADMINISTRATIVE SERVICES ON BEHALF OF THE CITY OF ST. PETERS TRANSPORTATION PROGRAM

Alderman Hollingsworth moved and Alderman Shea seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Shea seconded the motion to read Bill No. 17-144 for the first time. The motion carried and Alderman Shea read the Bill. Alderman Bateman asked when this agreement will begin and Ms. Pratt stated October 1, 2017. Alderman Hollingsworth moved and Alderman Shea seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Violet moved and Alderman Hollingsworth seconded the motion to put the Bill to a final vote. Motion approved and Bill No. 17-144 passed becoming Ordinance No. 6822.


EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION 610.021 (1)(2)(3)(9)(12)(13)(14) & 610.022 (1-6)

No Executive Session called at this time.

ADJOURNMENT


Alderman Hollingsworth moved and Alderman Thomas seconded the motion to adjourn the Regular Board of Aldermen meeting. Motion approved and the Regular Board of Aldermen meeting adjourned at approximately 7:13 p.m.

Respectfully submitted,

Scott Baumgartner Deputy City Clerk

E-01a

. CITY OF ST. PETERS, MO

INTEROFFICE MEMORAND UM

TO: MAYOR AND BOARD OF ALDERMEN

FROM: BETH FRENCH, DIRECTOR OF FINANCE

SUBJECT: FISCAL YEAR 2017 BOND UPDATE

DATE: SEPTEMBER 19, 2017

CC: RUSSELL W. BATZEL, CITY ADMINISTRATOR; CATHY PRATT, MANAGER STAFF SUPPORT SERVICES

The City’s Bond Compliance Policy requires that I report annually on matters related to our outstanding bond issues. The following highlights bond issue related activity from the previous year: On February 1, 2017, the City issued $12,000,000.00 of General Obligation Bonds, Series 2017. The

proceeds of these bonds are being used to finance the new Clubhouse and Banquet Center at the GolfCourse and the new Aquatic Center near City Hall and Rec-Plex South.

The IRS requires that if the City uses its tax-exempt bond proceeds to (1) buy higher yieldinginvestments (investments that produce a materially higher yield than the yield on the bonds over theterm of the bond issue) or (2) replace funds that were used to buy higher yielding investments, theCity must remit the excess earnings back to the United States (i.e., a rebate payment). As part of theCity’s ongoing monitoring procedures, the City engaged Gilmore & Bell to perform the City’sarbitrage and rebate calculations on an annual basis. During the current fiscal year, the City did nothave any bonds that required a rebate payment.

As bond proceeds are spent over the course of the year, the City reviews the use of those proceeds toensure the Financed Facilities are used for valid tax-exempt purposes and not for private use.

In addition, in preparation of the City’s annual audit each year by its external independent auditingfirm, the City performs another review of the use of all bond proceeds.

As part of the City’s obligation to provide continuing disclosure to its bondholders, the City engagedWM Financial Strategies to file the required Annual Disclosure Report with the Municipal SecuritiesRulemaking Board “MSRB” on their Electronic Municipal Market Access “EMMA” system. TheReport was filed on March 22, 2017, which is within the timeframe provided in the ContinuingDisclosure Undertakings for the City’s bonds.

Earlier this month you received a memo from Cathy Pratt related to a Moody’s review of our Waterand Sewer Enterprise Bonds. The City filed the necessary event notice on EMMA on September 9,2017.

The City has had no other Material Events that required disclosure filings under the ContinuingDisclosure Undertakings for the City’s bonds. To the best of the City’s knowledge and belief it hasmaterially complied with its continuing disclosure requirements.

The City has added all required bond issues to the Missouri Accountability Portal as required byState statute.

Attached is a list of the City’s outstanding bonds as of September 30, 2017.

E-02a

Series of Bonds Year/Series Issued Amount

Outstanding

September 30 ,

2016Additions Retirements

Anticipated

Outstanding

September 30 ,

2017

General Obligation Refunding Bonds, Series 2010 2010 $2,520,000.00 1,595,000.00 - 300,000.00 1,295,000.00

General Obligation Bonds, Series 2010B 2010B $3,790,000.00 3,790,000.00 - - 3,790,000.00

General Obligation Bonds, Series 2012 2012 $4,000,000.00 3,320,000.00 - 180,000.00 3,140,000.00





General Obligation Bonds, Series 2017 2017 $12,000,000.00 - 12,000,000.00 - 12,000,000.00

Certificates of Participation (City of St. Peters, Missouri, Lessee), Series 2010A 2010A $870,000.00 135,000.00 - 55,000.00 80,000.00

Certificates of Participation - Taxable (City of St. Peters, Missouri, Lessee), Series 2010B 2010B $8,805,000.00 6,680,000.00 - 380,000.00 6,300,000.00

Certificates of Participation Refunding (City of St. Peters, Missouri, Lessee), Series 2010C 2010C $1,725,000.00 1,130,000.00 - 125,000.00 1,005,000.00

Certificates of Participation Refunding (City of St. Peters, Missouri, Lessee), Series 2013 2013 $18,540,000.00 15,390,000.00 - 1,050,000.00 14,340,000.00

Combined Waterworks and Sewerage System Revenue Bonds, Series 2003 2003 $6,831,690.75 9,520,000.00 - 1,360,000.00 8,160,000.00

Combined Waterworks and Sewerage System Revenue Bonds, Series 2007 2007 $9,999,780.30 19,005,000.00 - 500,000.00 18,505,000.00

Combined Waterworks and Sewerage System Revenue Bonds, Series 2009 2009 $5,000,000.00 4,800,000.00 - 175,000.00 4,625,000.00

Combined Waterworks and Sewerage System Revenue Bonds, Series 2015 2015 $7,500,000.00 7,500,000.00 - - 7,500,000.00

Revenue Notes (Premier 370 Project) Series 2008A 2008A $18,000,000.00 13,305,000.00 - - 13,305,000.00

E-03a

NOTICE OF PUBLIC HEARING

The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on Wednesday, September 6, 2017 at the St. Peters Justice Center. The St. Peters Justice Center is located at the intersection of Suemandy Drive and Grand Teton Drive. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the rezoning as described below or an alternate zoning category.

All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, 477-6600 or 278-2244.

Petition 17-13

EFN 4951 Executive Centre Property LLC c/o Katie Napleton requests amendment of a 10.5 +/- acre Commercial Planned District (CPD). The subject site is located on the south side of Veterans Memorial Parkway, east of St. Peters Centre Boulevard (4951 Veterans Memorial Parkway)

LOCATION MAP

A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard.

North

St. P

eter

s

Cen

tre

Blv

d.

N.T.S.Mexico Road

Site

Executive Centre Parkway

NOTICE OF PUBLIC HEARING

A public hearing will be held at 6:30 p.m., September 28, 2017 at the

St. Peters Justice Center, 1020 Grand Teton Drive, Saint Peters, MO 63376, at which time citizens may be heard on the property tax rates

proposed to be set by the City of Saint Peters, a political subdivision. The tax rates shall be set to produce substantially the same revenues

as required for property tax in the annual budget for the fiscal year beginning October 1, 2017. The figures presented in this notice are

based on current data, but are subject to change in order to comply with state and county regulations and to include modifications approved by

the Board of Equalization. Each tax rate is determined by dividing the

amount of revenue required by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per

$100 valuation.

Prior Tax Year Current Tax Year

(By Categories) 2016 2017

Real Estate $950,855,572 $1,025,301,080

Personal Property 178,406,358 186,544,431

Railroad and Utility 20,702,838 20,579,872

Total $1,149,964,768 $1,232,425,383

Amount of Property

Tax Revenues

Proposed

Budgeted for Fiscal Tax Rates for 2017

Fund Year 2017/18 (per $100)

General $7,277,000 $0.5892

Debt Service 2,235,000 $0.1808

Total $9,512,000 $0.7700

Change in Revenue From Prior Fiscal Year:

New Construction & Improvements $136,425 1.54%

Newly Added Territory 1,166 0.01%

Change in Assessed Value on Prior Year Property 497,409 5.62%

Total Change in Revenue From Prior Fiscal Year $635,000 7.17%

Assessed Valuation

G-01

BILL NO. 17-145 I-01

ORDINANCE NO.

ORDINANCE APPROVING A TIME EXTENSION BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS FOR A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT FOR CONVENIENCE STORES AND GAS STATIONS IN RESPONSE TO A REQUEST BY MID RIVERS INVESTMENT PARTNERS, LLC (PETITION 16-10)

WHEREAS, on June 23, 2016, Ordinance No. 6546 was passed by the Board of Aldermen in response to Petition 16-10 granting a Special Use Permit to Mid Rivers Investment Partners, LLC to permit convenience stores and gas stations; and

WHEREAS, due to delayed construction of the project, commencement of the use has been delayed; and

WHEREAS, Mid Rivers Investment Partners, LLC is requesting a one hundred eighty day (180) extension to begin construction of said convenience stores and gas stations; and

WHEREAS, in TERMS AND CONDITIONS, Section D.b. of the Special Use Permit, the Board of Aldermen may, upon request, grant a time extension to Mid Rivers Investment Partners, LLC; and

WHEREAS, the Board of Aldermen finds that it is the best interest of the inhabitants of the City of St. Peters to grant said extension.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve a one hundred eighty day (180) time extension, as requested, for the Special Use Permit granted to Mid Rivers Investment Partners, LLC to operate at the subject site, to wit:

LEGAL DESCRIPTION

BEING ALL OF LOT 1 OF THE KAPLAN LUMBER CO. INC. PROPERTY, RECORDED IN PLAT BOOK 34, PAGE 362, IN THE RECORDER OF DEED’S OFFICE FOR ST. CHARLES COUNTY, MISSOURI, AND MAY BE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A 1/2" PIPE FOUND (ID: LS2840) IN THE RIGHT OF WAY LINE INTERSECTION OF MID RIVERS MALL DRIVE AND NORFOLK AND WESTERN RAILROAD, SAID PIPE ALSO BEING THE NORTHWEST CORNER OF LOT 1, KAPLAN SUBDIVISION, PLAT TWO, PLAT BOOK 34, PAGE 362; THENCE WITH THE SOUTH RIGHT OF WAY LINE OF SAID NORFOLK AND WESTERN RAILROAD, AS FOLLOWS: SOUTH 77 DEGREES 57 MINUTES 00 SECONDS EAST A DISTANCE OF 314.39 FEET TO A 1/2" PIPE FOUND (ID: LS2840); THENCE SOUTH 62 DEGREES 29 MINUTES 01 SECONDS EAST A DISTANCE OF 24.61 FEET TO A 1/2" IRON PIN FOUND (NO ID); THENCE SOUTH 77 DEGREES 56 MINUTES 11 SECONDS EAST A DISTANCE OF 1371.83 FEET TO A 1/2" IRON PIN FOUND (NO ID); THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 385.16 FEET, WITH A RADIUS OF 5786.08 FEET, WITH A CHORD BEARING OF SOUTH 79 DEGREES 50 MINUTES 24 SECONDS EAST, WITH A CHORD LENGTH OF 385.09 FEET TO 1/2" PIPE FOUND (ID: LS2840); THENCE LEAVING SAID RIGHT OF WAY LINE WITH THE WEST LINE OF LOT 2, KAPLAN SUBDIVISION, PLAT TWO, PLAT BOOK 34, PAGE 362 SOUTH 26 DEGREES 11 MINUTES 55 SECONDS WEST A DISTANCE OF 703.66 FEET TO A 1/2" PIPE FOUND IN THE NORTH RIGHT OF WAY LINE OF NORTH OUTER ROAD, MISSOURI INTERSTATE HIGHWAY 70; THENCE WITH THE SAID NORTH RIGHT OF WAY LINE NORTH 83 DEGREES 52 MINUTES 21 SECONDS WEST A DISTANCE OF 399.01 FEET TO A 1/2" PIPE FOUND (ID: LS308F); THENCE LEAVING SAID RIGHT OF WAY LINE WITH THE NORTH LINE OF THE 5160 LLC PROPERTY, RECORDED IN BOOK 5622, PAGE 889 AND BOOK 1672, PAGE 720 NORTH 62 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF 1221.45 FEET TO A 1/2" IRON PIN FOUND (ID: LS 308F) IN THE NORTH RIGHT OF WAY LINE OF SAID NORTH OUTER ROAD; THENCE WITH SAID NORTH OUTER ROAD, AS FOLLOWS: NORTH 62 DEGREES 31 MINUTES 53 SECONDS WEST A DISTANCE OF 282.74 FEET TO A 5/8” IRON PIN SET; THENCE NORTH 43 DEGREES 13 MINUTES 33 SECONDS WEST A DISTANCE OF 5.37 FEET TO A 5/8” IRON PIN SET; THENCE WITH THE EAST RIGHT OF WAY LINE OF SAID MID RIVERS MALL DRIVE, AS FOLLOWS: NORTH 02 DEGREES 03 MINUTES 41 SECONDS WEST A DISTANCE OF 188.34 FEET TO A PK NAIL SET; THENCE NORTH 00 DEGREES 59 MINUTES 30 SECONDS EAST A DISTANCE OF 134.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 24.97 ACRES, MORE OR LESS.

and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents.

SECTION 2. Savings Clause

Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 3. Severability Clause

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 4. This ordinance shall be in full force and take effect from and after the date of its final passage and approval.

Read two times, passed, and approved this 28th day of September, 2017.

As Presiding Officer and as Mayor Len Pagano, Mayor

Attest: Patricia E. Smith, City Clerk

Approved this 28th day of September, 2017.

Len Pagano, Mayor


BILL NO. 17-146 I-02

ORDINANCE NO.

ORDINANCE APPROVING A TIME EXTENSION BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS FOR A SPECIAL USE PERMIT IN THE C-3 GENERAL COMMERCIAL DISTRICT FOR KENNELS IN RESPONSE TO A REQUEST BY MID RIVERS INVESTMENT PARTNERS, LLC (PETITION 16-11)

WHEREAS, on June 23, 2016, Ordinance No. 6547 was passed by the Board of Aldermen in response to Petition 16-11 granting a Special Use Permit to Mid Rivers Investment Partners, LLC to permit kennels; and

WHEREAS, due to delayed construction of the project, commencement of the use has been delayed; and

WHEREAS, Mid Rivers Investment Partners, LLC is requesting a one hundred eighty day (180) extension to begin construction of said kennels; and

WHEREAS, in TERMS AND CONDITIONS, Section D.b. of the Special Use Permit, the Board of Aldermen may, upon request, grant a time extension to Mid Rivers Investment Partners, LLC; and

WHEREAS, the Board of Aldermen finds that it is the best interest of the inhabitants of the City of St. Peters to grant said extension.


SECTION 1. The Board of Aldermen of the City of St. Peters, Missouri, does hereby approve a one hundred eighty day (180) time extension, as requested, for the Special Use Permit granted to Mid Rivers Investment Partners, LLC to operate at the subject site, to wit:

LEGAL DESCRIPTION

BEING ALL OF LOT 1 OF THE KAPLAN LUMBER CO. INC. PROPERTY, RECORDED IN PLAT BOOK 34, PAGE 362, IN THE RECORDER OF DEED’S OFFICE FOR ST. CHARLES COUNTY, MISSOURI, AND MAY BE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A 1/2" PIPE FOUND (ID: LS2840) IN THE RIGHT OF WAY LINE INTERSECTION OF MID RIVERS MALL DRIVE AND NORFOLK AND WESTERN RAILROAD, SAID PIPE ALSO BEING THE NORTHWEST CORNER OF LOT 1, KAPLAN SUBDIVISION, PLAT TWO, PLAT BOOK 34, PAGE 362; THENCE WITH THE SOUTH RIGHT OF WAY LINE OF SAID NORFOLK AND WESTERN RAILROAD, AS FOLLOWS: SOUTH 77 DEGREES 57 MINUTES 00 SECONDS EAST A DISTANCE OF 314.39 FEET TO A 1/2" PIPE FOUND (ID: LS2840); THENCE SOUTH 62 DEGREES 29 MINUTES 01 SECONDS EAST A DISTANCE OF 24.61 FEET TO A 1/2" IRON PIN FOUND (NO ID); THENCE SOUTH 77 DEGREES 56 MINUTES 11 SECONDS EAST A DISTANCE OF 1371.83 FEET TO A 1/2" IRON PIN FOUND (NO ID); THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 385.16 FEET, WITH A RADIUS OF 5786.08 FEET, WITH A CHORD BEARING OF SOUTH 79 DEGREES 50 MINUTES 24 SECONDS EAST, WITH A CHORD LENGTH OF 385.09 FEET TO 1/2" PIPE FOUND (ID: LS2840); THENCE LEAVING SAID RIGHT OF WAY LINE WITH THE WEST LINE OF LOT 2, KAPLAN SUBDIVISION, PLAT TWO, PLAT BOOK 34, PAGE 362 SOUTH 26 DEGREES 11 MINUTES 55 SECONDS WEST A DISTANCE OF 703.66 FEET TO A 1/2" PIPE FOUND IN THE NORTH RIGHT OF WAY LINE OF NORTH OUTER ROAD, MISSOURI INTERSTATE HIGHWAY 70; THENCE WITH THE SAID NORTH RIGHT OF WAY LINE NORTH 83 DEGREES 52 MINUTES 21 SECONDS WEST A DISTANCE OF 399.01 FEET TO A 1/2" PIPE FOUND (ID: LS308F); THENCE LEAVING SAID RIGHT OF WAY LINE WITH THE NORTH LINE OF THE 5160 LLC PROPERTY, RECORDED IN BOOK 5622, PAGE 889 AND BOOK 1672, PAGE 720 NORTH 62 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF 1221.45 FEET TO A 1/2" IRON PIN FOUND (ID: LS 308F) IN THE NORTH RIGHT OF WAY LINE OF SAID NORTH OUTER ROAD; THENCE WITH SAID NORTH OUTER ROAD, AS FOLLOWS: NORTH 62 DEGREES 31 MINUTES 53 SECONDS WEST A DISTANCE OF 282.74 FEET TO A 5/8” IRON PIN SET; THENCE NORTH 43 DEGREES 13 MINUTES 33 SECONDS WEST A DISTANCE OF 5.37 FEET TO A 5/8” IRON PIN SET; THENCE WITH THE EAST RIGHT OF WAY LINE OF SAID MID RIVERS MALL DRIVE, AS FOLLOWS: NORTH 02 DEGREES 03 MINUTES 41 SECONDS WEST A DISTANCE OF 188.34 FEET TO A PK NAIL SET; THENCE NORTH 00 DEGREES 59 MINUTES 30 SECONDS EAST A DISTANCE OF 134.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 24.97 ACRES, MORE OR LESS.

and states it will not adversely affect the character or the traffic conditions of the surrounding area, nor adversely affect the public utility facilities, that this Special Use complies with the Comprehensive Plan of the City and with other matters pertaining to the general welfare of its residents.




If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and

continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.






Len Pagano, Mayor


BILL NO. 17-147 I-03

ORDINANCE NO. ___________

AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AMENDING SECTION 240.110 OF THE ST. PETERS CITY CODE BY DELETING IT IN ITS ENTIRETY; AND ENACTING, IN LIEU THEREOF, A NEW SECTION 240.110; AND PROVIDING FOR RESTRICTIONS ON THE INSTALLATION AND REMOVAL OF MEMORIALS WITHIN THE CITY

WHEREAS, under Section 79.390, RSMo., the Board of Aldermen of the City of St. Peters may “regulate … all public parks or other public grounds belonging to the city;” and

WHEREAS, the Board of Aldermen of the City of St. Peters desires to regulate the installation and removal of memorials on public property within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, AS FOLLOWS:

SECTION NO. 1. That Section 240.110 of the St. Peters City Code be amended by deleting it in its entirety, and replacing it, in lieu thereof, with a new Section 240.110, to read as follows:

SECTION 240.110 RESTRICTIONS ON USE OF MEMORIAL SITES.

A. Definitions. For the purpose of this Section, the following terms shall have the prescribed meanings:

MEMORIAL MONUMENT: Any permanent monument, plaque or other marker on any memorial site or other public property in the City that is designed to commemorate, or inform the general public about, one or more persons, events or historical occurrences. Memorial monuments include, but are not limited to, memorials to veterans of wars fought by or within the United States of America, persons or events of historic significance, or personnel killed in the line of duty.

MEMORIAL SITE: Any site designated by the City to be a place of honor, remembrance, and as a tribute to the men and women who have served and sacrificed for our community, State or nation.

PROHIBITED ACTIVITY: Means and includes the following:

1. Riding or operating any wheeled vehicle or device, including skateboards,scooters, bikes, roller skates, or rollerblades within a sixty-foot radius from the center of a memorial site, excluding the portion of any sidewalk abutting a public roadway, but in no event shall the riding or operation of any wheelchair or other

wheeled vehicle necessary to assist the physically handicapped be deemed a prohibited activity;

2. Damaging or defacing a memorial site or memorial monument;

3. Erecting any garage/yard sale sign, real estate sign, residential constructionproject sign, church directional sign, political signs, or any other temporary or permanent sign on any memorial site of the City of St. Peters except the City of St. Peters, its departments, agencies, contractors or subcontractors, the County of St. Charles and the State of Missouri; or

4. Removing, destroying, covering or relocating any memorial monument exceptpursuant to an ordinance duly adopted by the Board of Aldermen and approved by the Mayor.

B. It shall be unlawful for any person to commit a prohibited activity under this Section 240.110.

C. Any person who is convicted of violating any provision of this Section 240.110 shall be deemed guilty of an ordinance violation and penalized in accordance with Section 100.060 of the St. Peters City Code.






[The remainder of this page is intentionally left blank.]





Len Pagano, Mayor


BILL NO. 17-148 I-04

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE III OF THE MUNICIPAL CODE OF THECITY OF ST. PETERS BY ADDING A NEW TABLE I-C TO SCHEDULE I OFTITLE III; AMENDING TABLE II-A. OF SCHEDULE 1 OF TITLE III;AMENDING CHAPTER 240 BY ENACTING A NEW SECTION 240.130; ANDPROVIDING REGULATIONS FOR SPEED, STOP SIGN AND OTHER TRAFFICREGULATIONS WITHIN CITY PARKS

WHEREAS, the Municipal Code of the City of St. Peters does establish speed limits on roadways within the corporate limits of said City; and

WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, deems it to be in the best interest of the City and its citizenry, and pursuant to its general police powers and in order to promote the health, safety and general welfare of its citizens, that it amend the Municipal Code of the City of St. Peters to reflect and incorporate these revisions and updates to the extent they are not inconsistent with any other provision of the Municipal Code.


SECTION 1. That Schedule I Speed Limits of Title III: Traffic Code of the Municipal Code of the City of St. Peters be amended by adding a new Table I-C, to read as follows:

Table I-C. Speed Limits in City Parks.

On all streets, roadways and highways located within any City Park, drivers of motor vehicles shall not exceed the maximum speed set forth herein:

Park Speed Limit

370 Lakeside Park 15 mph

Brookmount Park 15 mph

Brown Road Park 15 mph

City Centre Park 15 mph

Community Park 15 mph

Glen Travis Park 15 mph

Golf and Recreation Center Park 15 mph

Laurel Park Roads 15 mph

Rabbit Run Park Roads 15 mph

Shady Springs Park Roads 15 mph

Sports Center Park Road 15 mph

Woodlands Sports Park Roads 15 mph

SECTION 2. That Table II-A. Stop Intersections of Schedule II Stop Intersections of Title III: Traffic Code of the Municipal Code of the City of St. Peters be amended to include the following:

Park Road Stops Designated:

All stop signs located within the following parks facing any direction:

370 Lakeside Park Brookmount Park Brown Road Park City Centre Park Community Park Glen Travis Park Golf and Recreation Center Park Laurel Park Rabbit Run Park Shady Springs Park Sports Center Park

Woodlands Sports Park

SECTION 3. That Chapter 240 of the St. Peters City Code be and is hereby amended by enacting a new Section 240.130, to read as follows:

SECTION 240.130 TRAFFIC.

It shall be unlawful for any person while in or about any City park to:

1. Fail to comply with all applicable provisions of the State laws and Cityordinances and regulations pertaining to equipment and operation ofmotor vehicles.

2. Fail to obey the reasonable instructions of Police Officers and parkemployees, such persons being hereby authorized and instructed to directtraffic whenever needed in the City parks in accordance with theprovisions of such regulations as may be issued by the Board of Aldermenor Chief of Police.

3. Fail to observe carefully all traffic signs indicating speed, direction,caution, stopping or parking, as well as all other signs posted to controltraffic and to safeguard life and property.




If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.






Len Pagano, Mayor


No.

BILL NO. 17-149 I-05

ORDINANCE NO._______________

AN ORDINANCE ESTABLISHING THE AD VALOREM TAXES FOR ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY OF ST. PETERS, FOR THE PERIOD OF JANUARY 1, 2017 TO DECEMBER 31, 2017

WHEREAS, the City of St. Peters has calculated its Debt Service Fund and General Fund property tax rates in accordance with the Missouri State Auditors Office instructions.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION NO. 1 – Tax Levy That there shall be levied and collected in the manner prescribed by law, the

following taxes on Real Estate and Personal Property for the year 2017 of Seventy-Seven Cents per One Hundred Dollars of assessed valuation broken down as follows:

City General Fund $ .5892 Debt Service Fund $ .1808 Total Assessed Rate $ .7700

SECTION NO. 2 – Delinquent Payment Penalty (a) That there shall be collected on all delinquent real estate taxes, in addition

to the amount of delinquent tax, a penalty in the sum of eighteen percent of each year’s delinquency, except that said penalty shall not exceed two percent per month, or fractional part thereof, or eighteen percent annually.

(b) That all lands and lots, on which said taxes are delinquent and unpaid, are subject to sale to discharge the lien for the delinquent and unpaid taxes, according to the practice and procedure set out in Chapter 140, R. S. Mo 1986 and subsequent revisions.

SECTION NO. 3 – Delinquent Payment Penalty (a) That there shall be collected on all delinquent personal property taxes, in

addition to the amount of delinquent tax, a penalty in the sum of eighteen percent of each year’s delinquency, except that said penalty shall not exceed two percent per month, or fractional part thereof, or eighteen percent annually.

(b) That in any suit brought by the City Collector to recover said delinquent taxes and penalties, a fee in the amount of ten percent of the taxes due, but in no event less than five dollars, shall be allowed the attorney for the Collector.

No.

SECTION NO. 4 – Tax Rate Ceiling The Board of Aldermen hereby determines and declares that the City General Fund

tax rate ceiling under Sections 137.073(4), 137.073.6(1)(c), and 137.073.6(3) Revised Statutes of Missouri, as amended, to be $.5892 for each one hundred dollars assessed valuation.

SECTION NO. 5 – EFFECTIVE DATE This Ordinance shall be in force and take effect from and after the date of its passage

and approval.

SECTION NO. 6. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter,

modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION NO. 7. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held

to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

Read two times, passed and approved this 28th day of September, 2017.

____________________________________ As Presiding Officer and as Mayor Len Pagano, Mayor

Attest:____________________________ Patricia E. Smith, City Clerk

BILL NO. 17-150 I-06

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH TO PROVIDE THE JOINT VENTURE PIPELINE ASSESSMENT AND STUDY

WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters to provide and facilitate water flow within the corporate limits; and

WHEREAS, the City of St. Peters and the City of St. Charles, as owners, have an Agreement for the operation of a Joint Venture Pipeline to provide clean water to residents of their respective cities; and

WHEREAS, the City of St. Peters and the City of St. Charles have identified the need for an assessment and study of said Joint Venture Pipeline; and

WHEREAS, the City, as manager of said Pipeline, solicited proposals for an assessment and study of said Joint Venture Pipeline; and

WHEREAS, on August 10, 2017, the City received and evaluated proposals from four (4) consulting firms for the Joint Venture Assessment and Study Project; and

WHEREAS, it is recommended that the contract for the Joint Venture Assessment and Study Project be awarded to Black & Veatch.


SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and he is hereby authorized to enter into a Professional Services Agreement with Black & Veatch in an amount not to exceed Five Hundred Fifty Thousand ($550,000.00) dollars for the Joint Venture Pipeline Assessment and Study Project to be paid from the Joint Venture Maintenance Account.

SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters.

SECTION 3. The City of Charles and the City of St. Peters shall reimburse the Joint Venture Maintenance Account according to the percentages determined by the previous 12-month usage; with the City of St. Peters’ portion being in an amount not to

exceed One Hundred Thousand ($100,000.00) dollars, in order to maintain the minimum balance required in said Account.

SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extend, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 6. This ordinance shall be in full force and take effect form and after the date of its final passage and approval.

Read two times, passed and approved this 28th day of September, 2017.




Len Pagano, Mayor


BILL NO. 17-151 I-07

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES PROVIDING FOR SANITARY SEWER FLOW MONITORING

WHEREAS, the City of St. Peters owns and operates a sanitary sewer system; and

WHEREAS, the City of St. Peters has successfully rehabilitated several major sources of inflow and infiltration within a certain problem area of said City’s 263-mile sanitary sewer collection system; and

WHEREAS, this project scope will entail the collection and analyzation of data at various locations within the City and the identification of other areas in the sanitary sewer collection system in which excess wet-weather flow is entering said system and the effect on said system; and

WHEREAS, it is recommended that an Agreement for Engineering Services be executed with RJN Group, Inc. for Sanitary Sewer Flow Monitoring Services.


SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into an Agreement for Professional Services with RJN Group, Inc. in an initial unit price and lump sum amount of One Hundred Nineteen Thousand Five Hundred Twenty ($119,520.00) dollars, for Sanitary Sewer Flow Monitoring Services.

SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said Agreement in behalf of the City of St. Peters.

SECTION 3 Savings. Except as expressly set forth herein, nothing contained in this Ordinance shall in any

manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

SECTION 4. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be

invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.

Read two (2) times, passed and approved this 28th day of September, 2017.




Len Pagano, Mayor


BILL NO. 17-152 I-08

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT CHANGE ORDER NO. 1 WITH OROS & BUSCH APPLICATION TECHNOLOGIES, INC. FOR THE REMOVAL AND LAND APPLICATION OF LIME RESIDUAL

WHEREAS, the City of St. Peters deemed it to be in the best interest of the inhabitants of the City of St. Peters to remove and land apply lime residual from storage lagoons at the City of St. Peters Spencer Creek Wastewater Treatment Plant and Water Plant; and

WHEREAS, the City solicited bids for removal of lime residual from storage lagoons, transporting the lime residual to area fields and applying the lime residual to the fields at special application rates; and

WHEREAS, in March 2017, the bid was awarded to, and a contract was executed with, Oros & Busch Application Technologies, Inc., in the amount of Eighty-seven Thousand Six Hundred ($87,600.00) dollars, for the removal and land application of lime residual; and

WHEREAS, it is now estimated that a larger quantity of lime residuals will need to be removed and land applied this fall than was originally quoted; and

WHEREAS, it is recommended that Contract Change Order No. 1 be executed with Oros & Busch Application Technologies, Inc. to provide an additional Twenty-five Thousand ($25,000.00) dollars to the existing contract to provide for said larger quantity of lime residuals.


SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute Contract Change Order No. 1 with Oros & Busch Application Technologies, Inc. providing for an additional Twenty-five Thousand ($25,000.00) dollars, bringing the new total contract value to One Hundred Twelve Thousand Six Hundred ($112,600.00) dollars, for the removal and land application of lime residual at the original quoted unit cost per gallon of $0.0347. Upon approval of the City Administrator, the contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract.

SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said Change Order on behalf of the City of St. Peters.

SECTION 3. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

SECTION 4. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extend, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.





Len Pagano, Mayor


BILL NO. 17-153 I-09

ORDINANCE NO._____

AN ORDINANCE OF THE CITY OF ST. PETERS, MISSOURI, AMENDING PARAGRAPH 11 OF SUBSECTION A OF SECTION 605.185 AND PARAGRAPH 11 OF SUBSECTION A OF SECTION 605.186 OF THE ST. PETERS CITY CODE BY DELETING THEM IN THEIR ENTIRETY; ENACTING A NEW PARAGRAPH 11 OF SUBSECTION A OF SECTION 605.185 AND A NEW PARAGRAPH 11 OF SUBSECTION A OF SECTION 605.186; AND PROVIDING FOR THE REGULATION OF ITINERANT VENDORS AND MULTI-VENDOR OPERATORS CONDUCTING BUSINESS IN THE CITY

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

SECTION NO. 1. That paragraph 11 of subsection A of Section 605.185 of the St. Peters City Code be and is hereby deleted in its entirety and enacting, in lieu thereof, a new paragraph 11 of subsection A of Section 605.185, to read as follows:

11. With the application, the applicant shall execute a release for criminalbackground checks; provided, however, this subparagraph 11 shall not apply to any applicant seeking to operate inside of an enclosed shopping mall for which a valid business license has been issued by the City and which enclosed shopping mall is located in a "C-4" District. Any criminal background check conducted on applicants shall include any and all law enforcement agencies or divisions of the federal, State or any municipal governments as the City determines to be necessary and appropriate. For purposes of this Section, the term “enclosed shopping mall” shall mean a large retail complex containing stores and restaurants in a single, enclosed building.

SECTION NO. 2. That paragraph 11 of subsection A of Section 605.186 of the St. Peters City Code be and is hereby deleted in its entirety and enacting, in lieu thereof, a new paragraph 11 of subsection A of Section 605.186, to read as follows:

11. With the application, the applicant shall execute a release for criminalbackground checks; provided, however, this subparagraph 11 shall not apply to any applicant seeking to operate inside of an enclosed shopping mall for which a valid business license has been issued by the City and which enclosed shopping mall is located in a "C-4" District. Any criminal background check conducted on applicants shall include any and all law enforcement agencies or divisions of the federal, State or any municipal governments as the City determines to be necessary and appropriate. For purposes of this Section, the term

“enclosed shopping mall” shall mean a large retail complex containing stores and restaurants in a single, enclosed building.

SECTION NO. 3. Effective Date. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.

SECTION NO. 4. Savings. Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

SECTION NO. 5. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.





Len Pagano, Mayor


BILL NO. 17-154 I-10

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDED AND RESTATED PCS SITE LEASE BETWEEN NEW CINGULAR WIRELESS PCS, LLC AND THE CITY OF ST. PETERS, MISSOURI FOR THE USE OF THE ARROWHEAD WATER TANK

WHEREAS, the City is the owner of certain real property, together with a water tank (“Water Tank”) and other improvements located thereon, lying and being situated in the County of St. Charles, State of Missouri, and as described more particularly on page 1 of Exhibit “A” to Exhibit No. 1 attached hereto (the “Land”); and

WHEREAS, AT&T Wireless PCS, Inc., a Delaware corporation (Original Lessee), desired to lease a portion of the Land, together with a license to use a portion of the Water Tank, in the locations as generally shown on Exhibit “B” to Exhibit No. 1 attached hereto and incorporated by reference herein, for the placement of a PCS, as therein defined, on the Water Tank, together with certain equipment on that portion of the Land as shown on page 2 of Exhibit “A” to Exhibit No. 1 (the “Lease Tract”) for a Service Building, as therein defined, and related equipment, together with rights of access and utility service to the Service Building and the Water Tank over the Land (collectively, the “Leased Premises”) for the purpose (the “Permitted Use”) of installing, constructing, using, inspecting, repairing, removing, maintaining and operating, at Original Lessee’s expense, (i) a personal communications service system facility, including antenna equipment, supports, cables, wires, poles, conduits, lines, receivers, transmitters, fixtures, buttresses, anchors, fences and other related facilities, equipment and appurtenances for the operation of the foregoing as shown on Exhibit “B” to Exhibit No. 1, and (ii) an equipment service building with portable emergency generator and other supporting equipment and facilities (“Service Building”) as more specifically described on Exhibit “B” to Exhibit No. 1 attached hereto, ((i) and (ii), collectively, the “PCS”), together with the right to temporarily park vehicles on the Land next to the Water Tank for the purposes hereof; and

WHEREAS, City and Original Lessee entered into a certain PCS Site Lease [Existing Tower] dated March 25, 1997, whereby City leased the Leased Premises, as more particularly described on page 2 of Exhibit “A” to Exhibit No. 1 attached hereto, and located at 17 Cermak Blvd., St. Peters, MO 63376, together with a license to use a portion of the Water Tank as depicted on Exhibit “B” to Exhibit No. 1 (the “Original Lease”); and

WHEREAS, Original Lessee assigned its interest in the Lease to AT&T Wireless PCS, LLC, a Delaware limited liability company, a subsidiary, affiliated entity, or an entity controlled by, under common control with, or controlling Original Lessee; and

WHEREAS, the City and AT&T Wireless PCS, LLC executed a certain First Amendment to PCS Site Lease dated October 24, 2002 (the “First Amendment”) to expand the Leased Premises, to accommodate three (3) additional cabinets, and to increase the Rent payable under the Original Lease; and

WHEREAS, the City and AT&T, as successor by merger to AT&T Wireless PCS, LLC, , further amended and modified the Lease pursuant to a certain Second Amendment to PCS Site Lease dated October 9, 2009 (the “Second Amendment”), as previously amended and modified by the First Amendment; and

WHEREAS, AT&T, pursuant to a certain Third Amendment to PCS Site Lease dated August 12, 2011 (the “Third Amendment”), further amended and modified the Original Lease, as previously modified by the First Amendment and the Second Amendment; and

WHEREAS, the City and AT&T now wish to again extend the term of the Original Lease, as amended by the First Amendment, the Second Amendment, and the Third Amendment, and to modify further the Rent payable under the Original Lease, as so amended, on the terms and conditions more specifically set forth in Exhibit No. 1 attached hereto; and

WHEREAS, the Board of Aldermen of the City of St. Peters does hereby find and determine that the proposed Amended and Restated PCS Site Lease is in the best interests of the residents of the City, and is necessary for the public convenience and for the preservation of the public peace, health, safety, morals and welfare.


SECTION 1. That the form, terms, and provisions of the Amended and Restated PCS Site Lease between New Cingular Wireless PCS, LLC and the City of St. Peters, Missouri, attached hereto, marked as Exhibit No. 1, and incorporated by reference herein (the “Lease”), be and they hereby are in all respects approved, and that the City Administrator is hereby authorized, empowered and directed to further negotiate, execute, acknowledge, deliver and administer on behalf of the City said Agreement in substantially the form attached hereto.

SECTION 2. That the City Administrator is hereby further authorized and directed on behalf of and in the name of the City to agree to do any and all other acts and things and to execute and deliver any and all other agreements, documents, instruments and certificates, all as may be necessary and appropriate to consummate said Lease, and to perform all of the terms, provisions and conditions of the Lease. The execution by the City Administrator of any other agreement, document, instrument, or certificate referred to in the Lease shall be conclusive evidence of the approval thereof and of all of the terms, provisions and conditions contained therein. Any and all acts which the City Administrator may do or perform in conformance with the powers conferred upon him by this Ordinance are hereby expressly authorized, approved, ratified and confirmed.







Len Pagano, as Presiding Officer and as Mayor



Len Pagano, Mayor


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EXHIBIT NO. 1 AMENDED AND RESTATED

PCS SITE LEASE

Cell Site No. MO3638 Cell Site Name: Arrowhead AWS WT Fixed Asset No. 10069770 Market: MO KS Address: 17 Cermak Blvd., St. Peters, MO 63376

THIS AMENDED AND RESTATED PCS SITE LEASE (the “Lease”), dated as of the later of the signature dates set forth below (the “Effective Date”), is made and entered into by and between the City of St. Peters, Missouri, having a mailing address of One St. Peters Centre Blvd., St. Peters, MO 63376 (hereinafter referred to as “City”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr., Atlanta, GA 30324 (hereinafter referred to as “AT&T”).

RECITALS

WHEREAS, City is the owner of certain real property, together with a water tank (“Water Tank”) and other improvements located thereon, lying and being situated in the County of St. Charles, State of Missouri, and as described more particularly on page 1 of Exhibit “A” attached hereto (the “Land”); and

WHEREAS, AT&T Wireless PCS, Inc., a Delaware corporation (Original Lessee), desired to lease a portion of the Land, together with a license to use a portion of the Water Tank, in the locations as generally shown on Exhibit “B” attached hereto and incorporated by reference herein, for the placement of a PCS, as hereinafter defined, on the Water Tank, together with certain equipment on that portion of the Land as shown on page 2 of Exhibit “A” (the “Lease Tract”) for a Service Building, as hereinafter defined, and related equipment, together with rights of access and utility service to the Service Building and the Water Tank over the Land (collectively, the “Leased Premises”) for the purpose (the “Permitted Use”) of installing, constructing, using, inspecting, repairing, removing, maintaining and operating, at Original Lessee’s expense, (i) a personal communications service system facility, including antenna equipment, supports, cables, wires, poles, conduits, lines, receivers, transmitters, fixtures, buttresses, anchors, fences and other related facilities, equipment and appurtenances for the operation of the foregoing as shown on Exhibit “B”, and (ii) an equipment service building with portable emergency generator and other supporting equipment and facilities (“Service Building”) as more specifically described on Exhibit “B” attached hereto, ((i) and (ii), collectively, the “PCS”), together with the right to temporarily park vehicles on the Land next to the Water Tank for the purposes hereof; and

WHEREAS, City and Original Lessee entered into a certain PCS Site Lease [Existing Tower] dated March 25, 1997, whereby City leased the Leased Premises, as more particularly described on page 2 of Exhibit A attached hereto, and located at 17 Cermak Blvd., St. Peters, MO

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63376, together with a license to use a portion of the Water Tank as depicted on Exhibit “B” (the “Original Lease”); and

WHEREAS, Original Lessee assigned its interest in the Lease to AT&T Wireless PCS, LLC, a Delaware limited liability company, a subsidiary, affiliated entity, or an entity controlled by, under common control with, or controlling Original Lessee; and

WHEREAS, the City and AT&T Wireless PCS, LLC executed a certain First Amendment to PCS Site Lease dated October 24, 2002 (the “First Amendment”) to expand the Leased Premises, to accommodate three (3) additional cabinets, and to increase the Rent payable under the Original Lease; and

WHEREAS, the City and AT&T, as successor by merger to AT&T Wireless PCS, LLC, , further amended and modified the Lease pursuant to a certain Second Amendment to PCS Site Lease dated October 9, 2009 (the “Second Amendment”), as previously amended and modified by the First Amendment; and

WHEREAS, AT&T, pursuant to a certain Third Amendment to PCS Site Lease dated August 12, 2011 (the “Third Amendment”), further amended and modified the Original Lease, as previously modified by the First Amendment and the Second Amendment; and

WHEREAS, the City and AT&T now wish to again extend the term of the Original Lease, as amended by the First Amendment, the Second Amendment, and the Third Amendment, and to modify further the Rent payable under the Original Lease, as so amended, on the terms and conditions more specifically set forth herein.

NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the above and foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and AT&T hereby agree to amend and restate, in its entirety, the Original Lease, as amended by the First Amendment, the Second Amendment, and the Third Amendment, as follows:

TERMS AND CONDITIONS

1. USE OF LEASED PREMISES. The Recitals set forth above are hereby incorporated byreference as though fully set forth herein, and constitute a part of this Lease. The City hereby leases to AT&T the Leased Premises and the easements generally described on Exhibit “B” for electric, telephone, or other utilities in order to serve the PCS on the Leased Premises. AT&T shall not use or permit the Leased Premises to be used for any purpose other than the Permitted Use without the prior, written consent of City. Notwithstanding anything to the contrary contained herein, City agrees that the installation of AT&T’s PCS at the Leased Premises on the date hereof was permitted under the Original Lease (as amended) and, therefore, is currently in compliance with the terms of this Lease. AT&T shall not use or permit the Leased Premises to be used for any purpose other than the PCS or the Service Building without the prior, written consent of the City.

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2. ANY EXPANSION OF PERMITTED USE. All coax or cable installed on the Water Tankshall match the existing color of the Water Tank, and AT&T shall repair, clean, scrape and spot paint any rust stains and any spalled or bare areas of the Water Tank behind any equipment added to or removed from the Water Tank by AT&T at the same time as the removal or installation of any equipment portion of the PCS on the Water Tank by AT&T, which spot painting shall also match the existing color of the Water Tank.

The City also retains the right, from time to time, to paint the Water Tank. Upon not less than six (6) months prior written notice to AT&T of its intent to paint the Water Tank, AT&T shall remove, or protect from damage, its equipment and facilities located on the Water Tank in order to permit such painting. The removal or protection of such equipment and facilities shall be at the sole cost and expense of AT&T. The City shall provide a location for a cellular on wheels facility and will closely coordinate with AT&T in connection with the repainting of the Water Tank so as to reasonably minimize disruption to AT&T’s PCS and the coverage provided thereby.

AT&T may, at its expense, use the Leased Premises as described herein and install, construct, alter, modify, replace, and remove the PCS and all connections, utility lines and other facilities and structures supporting or servicing same as shown on Exhibit B, provided no liens arise from said work. AT&T may at any time and from time to time, subject only to then-existing rights of other occupants of the Water Tank and with prior written consent of City, (i) relocate the PCS on the Water Tank as reasonably necessary or appropriate to maximize the effectiveness and efficiency of the services being provided to its customers through the PCS; or (ii) install additional equipment on any portion of the Water Tank not occupied or interfering with the rights of other occupants of the Water Tank; provided, however, that AT&T shall first provide to the City, at its expense, a stress analysis confirming that the installation of such additional equipment will not increase the stress on the Water Tank by more than twenty percent (20%), and the City may condition approval of the addition of such equipment by the imposition of an extra fee for the same. At any time and from time to time, AT&T may remove its equipment and improvements and shall repair any damage caused to the Water Tank as a result thereof. Any cables, wires, conduits, foundations or other structures installed in the Water Tank or on or under the Land to connect, power or otherwise to service the PCS equipment located on the Water Tank shall be deemed abandoned and thereafter the property of City if not removed within one hundred twenty (120) days following the termination of this Lease. AT&T shall have the right to make secure the Service Building.

All coax, antennas or any other equipment installed within the Leased Premises, other than on the Water Tank or within the Service Building, shall be located underground.

3. ACCESS TO LEASED PREMISES. AT&T shall have access to the Leased Premises forthe purposes of operating, maintaining, upgrading, and repairing the PCS and related equipment during the New Term of this Lease and any renewals thereof, and ingress and egress to the Leased Premises over the Land is hereby granted to AT&T twenty-four (24) hours a day, three hundred sixty five (365) days per year so long as such ingress and egress does not interfere with the City’s use of the Land or Water Tank. Only properly authorized engineers, employees, contractors or subcontractors of AT&T or the City, FCC inspectors, or persons under their direct supervision, are permitted to enter the Leased Premises.

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4. TERM; RENT.

a. The initial term of this Lease shall begin on the Effective Date and terminate on March 24, 2022 (“Initial Term”). At the end of the Initial Term, the Term will automatically renew for three (3) separate consecutive additional periods of five (5) years each (each being defined as an “Extension Term”) upon the same terms and conditions of this Lease, unless AT&T notifies City in writing of AT&T’s intention not to renew the Lease at least sixty (60) days prior to the expiration of the then existing Term. Unless (i) City or AT&T notifies the other in writing of its intention to terminate this Lease at least six (6) months prior to the expiration of the final Extension Term, or (ii) this Lease is terminated as otherwise permitted by this Lease prior to the end of the final Extension Term, then upon the expiration of the final Extension Term this Lease shall continue in full force and effect upon the same covenants, terms and conditions as contained herein for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. The Initial Term, any Extension Terms, and any Annual Terms are collectively referred to as the “Term.” b. AT&T shall pay rent annually, in advance, beginning on the Effective Date and on each succeeding anniversary of the Effective Date during the Initial Term in the amount of $33,177.60, subject to adjustment, if any as provided below (the “Base Rent”).

During the first Extension Term (March 25, 2022 – March 24, 2027) the Base Rent payable under this Lease shall be $39,813.12.

During the second Extension Term (March 25, 2027 – March 24, 2032), the Base Rent payable under this Lease shall be $47,775.74. During the third Extension Term (March 25, 2032 – March 24, 2037), and any Annual Term thereafter, the Base Rent payable under this Lease shall be $57,330.89.

c. In case City shall, by reason of the failure of AT&T to keep and perform any of the covenants, terms, or conditions herein contained to be kept and performed by AT&T, after notice to AT&T of such failure and expiration of any applicable cure period as provided herein, be required to pay any sum of money, or be compelled or authorized under the terms hereof to do any act requiring the payment of money, including the enforcement of the terms and provisions hereof, then the sum or sums of money so paid by the City, including reasonable attorney’s fees, shall be added to the installment of Rent next becoming due, and shall be collectible as additional rent in the same manner and with the same remedies as if said sum or sums had been originally reserved as Base Rent. 5. EMINENT DOMAIN/CONDEMNATION.

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a. If all or any part of the Leased Premises is taken by eminent domain, condemnation, or other action pursuant to applicable law, and if said taking, in the sole discretion of AT&T, renders the Leased Premises partially or wholly unusable for providing personal communication services, then, at AT&T’s option, this Lease may be terminated as of the date of such taking and Base Rent shall be prorated appropriately by City so that AT&T recovers Base Rent it paid for any time period after the date of such taking. AT&T shall pay no further Base Rent except that which may have been due and payable at the time of said taking. b. If the whole or any part of the Leased Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then AT&T relinquishes all right, title and interest in any condemnation award for the Leased Premises, and the entire award for the Leased Premises shall be paid to City. AT&T will be entitled to pursue its own award from the condemning authority, which will include, where applicable, the value of its PCS, moving expenses, and business dislocation expenses, but only to the extent such award does not result in a diminution of the awards payable to the City. 6. INDEMNITY; ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES.

a. AT&T shall indemnify, defend and hold harmless the City against any liability, loss, damage or expense incurred by the City in connection with any claim, demand or suit for damages, injunction or other relief to the extent caused by AT&T’s (including its employees, agents, invitees, servants and/or contractors) acts or omissions on the Leased Premises or that constitute AT&T’s violation of Environmental Regulations as hereinafter defined.

b. The City and AT&T at no time during the term of this Lease shall use or knowingly permit the Land to be used in violation of any Environmental Regulations. AT&T shall not permit environmental conditions at the Leased Premises that involve the generation, treatment or disposal of hazardous substances, materials, chemicals, or wastes. AT&T’s use of the Leased Premises will not involve use of the subsurface, except for the placement of electrical or utility conduit, or coaxial, or grounding wire, or landscaping, as required or permitted hereunder. City covenants that (i) the Land, as of the date of this Lease, is, to its actual knowledge, free of hazardous substances, including asbestos-containing materials and lead paint, and (ii) the Land has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.

c. For the purposed of this Section 6, the term “Environmental Regulations” shall mean any law, statute, regulation, order or rule now or hereafter promulgated by any governmental authority, whether local, state, or federal, relating to air pollution, water pollution, noise control and/or transporting, storing, handling, discharge, disposal or recovery of on-site or off-site hazardous substances or materials, as same may be amended from time to time, including without limitation, the following: (i) the Clean Air Act (42 U.S.C. § 7401 et seq.); (ii) Marine Protection, Research and Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water Act (33 U.S.C. § 1251 et seq.); (iv) Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.); (vi) Toxic Substances Control Act (15

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U.S.C. § 2601 et seq.); (vii) the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. § 135 et seq.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f) et seq.); (ix) Occupational Health and Safety Act (29 U.S.C. § 651 et seq.); (x) the Hazardous Liquid Pipeline Safety Act (49 U.S.C. § 2001 et seq.); (xi) the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.); (xii) the Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.); (xiii) EmergencyPlanning and Community Right to Know Act (42 U.S.C. §§ 11001-11050); and (xiv) the National Environmental Policy Act (42 U.S.C. §§ 4321-4347).

d. In the event AT&T becomes aware of any violation of Environmental Regulationson the Land, that, in AT&T’s sole determination, renders the condition of the Leased Premises or Land unsuitable for AT&T’s use, or if AT&T believes that the leasing or continued leasing of the Leased Premises would expose AT&T to undue risks of liability to a government agency or third party for such violations, AT&T will have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease upon written notice to City.

e. This Section 6 shall survive the expiration or sooner termination of this Lease.

7. ELECTRICAL SERVICE. AT&T shall have a separate meter installed and maintained forits electric service separate and distinct from any utility services provided to the City, and AT&T and/or its subtenants shall pay all costs related to said electric service and any other utilities used by it, all of which utilities serving the Leased Premises shall be located underground.

8. TAXES.

a. City shall be responsible for timely payment of all taxes and assessments, if any,levied upon the lands, improvements and other property of City, including any such taxes that may be calculated by the taxing authority using any method, including the income method. AT&T shall be responsible for payment of all real or personal property taxes levied upon AT&T’s leasehold interest, its PCS, or any other equipment or improvements located on the Leased Premises. Nothing herein shall require AT&T to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon City, its successors or assigns.

b. In the event City receives a notice of assessment with respect to which taxes orassessments are imposed on AT&T’s leasehold improvements on the Leased Premises, City shall provide AT&T with copies of each such notice immediately upon receipt. For any tax amount for which AT&T is responsible under this Lease, AT&T shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as AT&T may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of AT&T, with respect to the valuation of the Leased Premises. Upon request and where deemed appropriate by AT&T, City shall assign to AT&T all of City’s right, title and interest in and to any protest right or refund claim for taxes for which AT&T is responsible under this Section 8. The expense of any proceedings described in this Section 8.b. shall be borne by AT&T and any refunds or rebates

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secured as a result of AT&T’s action shall belong to AT&T, to the extent the amounts were originally paid or borne by AT&T. c. AT&T shall have the right but not the obligation to pay any taxes due by City hereunder if City fails to timely do so, in addition to any other rights or remedies of AT&T. In the event that AT&T exercises its rights under this Section 8.c. due to such City default, AT&T shall have the right to deduct such tax amounts paid from any monies due to City from AT&T.

d. Any tax-related notices shall be sent to AT&T in the manner set forth in Section 19.b. and, in addition, a copy of any such notices shall be sent to the following address:

New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration – Taxes Re: Cell Site # MO3638; Cell Site Name : Arrowhead AWS (MO) Fixed Asset Number: 10069770 575 Morosgo Drive NE Atlanta, GA 30324 9. NON DISTURBANCE.

a. Any sale or transfer by the City of all or part of the Leased Premises to a purchaser or transferee other than AT&T shall be under and subject to this Lease and AT&T’s rights hereunder. If City, at any time during the Term of this Lease, decides to sell, subdivide or otherwise transfer all or any part of the Leased Premises, or all or any part of the Land, to a purchaser other than AT&T, City shall promptly notify AT&T in writing, and such sale, subdivision or transfer shall be subject to this Lease and AT&T’s rights hereunder. In the event of a change in ownership, transfer or sale of the Land, within ten (10) days of such transfer, City or its successor shall send the documents listed below in this subsection (b) to AT&T. Until AT&T receives all such documents, AT&T shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease.

i. Deed to Land, Bill of Sale or other instrument of transfer ii. New IRS Form W-9 iii. Completed and Signed AT&T Payment Direction Form iv. Full contact information for purchaser including phone number(s) City agrees, after the Effective Date, not to lease or use any areas of the Land for the

installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would unreasonably interfere with AT&T’s use of the PCS as determined by radio propagation tests performed by an independent third party. If the radio frequency propagation tests demonstrate levels of unreasonable interference, City shall be prohibited from further leasing or using any areas of the Land for purposes of any further installation, operation or maintenance of any other wireless communications facility or equipment.

b. Subject to the other terms of this Lease, City covenants that AT&T shall and may peacefully and quietly have, hold and enjoy the Leased Premises during the term of this Lease provided that AT&T pays the Rent payable to City under this Lease and performs all of AT&T’s

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covenants and Leases herein contained. City shall take no action that will or could adversely affect AT&T’s use of the Leased Premises except in the exercise of its governmental duties and functions. City acknowledges that the Leased Premises have little or no value to AT&T if AT&T cannot use the Leased Premises as permitted hereunder, that the Leased Premises are unique, and that AT&T has made or will make a large investment in the Leased Premises, and therefore, City agrees that AT&T shall be entitled to injunctive relief or other equitable relief to require City to comply with all provisions of this Lease which may interfere in any way with AT&T’s Permitted Use of the Leased Premises, so that AT&T may continue with such use of the Leased Premises as fully permitted hereunder. c. The following will be deemed a default by City and a breach of this Lease: (i) City’s failure to allow access to the Leased Premises as required by Section 3 of this Lease within twenty-four (24) hours after written notice of such failure; or (ii) City’s failure to cure an interference problem as required by Section 17 of this Lease; or (iii) City’s failure to perform any term, condition or breach of any warranty or covenant under this Lease within sixty (60) days of written notice from AT&T specifying the failure. No such failure, however, will be deemed to exist if City has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of City. If City remains in default beyond any applicable cure period, AT&T will have: (i) the right to cure City’s default and to deduct the costs of such cure from any monies due to City from AT&T, or (ii) pursue any and all other rights available to it under law or equity. 10. TERMINATION.

a. If either party breaches a provision of this Agreement (the “Defaulting Party”), the non-breaching party (the “Non-Defaulting Party”) shall provide the Defaulting Party written notice of the alleged breach. After receipt of such written notice, the Defaulting Party shall have fifteen (15) days to cure any monetary default and thirty (30) days in which to cure any non-monetary default. The Defaulting Party shall have such extended periods as may be required beyond the thirty (30) day cure period to cure any non-monetary default if the nature of the cure is such that it reasonably requires more than thirty (30) days to cure, and the Defaulting Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The Non-Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided in this Section 10. If the Defaulting Party has not commenced the cure within the time periods provided in this Section 10, the Non-Defaulting Party may give written notice of its intent to terminate this Agreement. Such termination shall become effective ten (10) days after the Defaulting Party’s receipt of the notice of intent to terminate, if the Defaulting Party has not cured the breach within such ten (10) day period.

b. In the event that: (i) any one (1) or more of AT&T’s licenses, permits or approvals necessary to conduct its business on the Leased Premises are involuntarily revoked or canceled through no fault on the part of AT&T; (ii) environmental contamination is found on the Land that is not caused by AT&T; or (iii) AT&T is enjoined from conducting its business on the Leased Premises for any reason whatsoever by a final judgment of a court of competent jurisdiction, then

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AT&T shall be entitled to terminate this Lease at any time by written notice of termination to City effective thirty (30) days after such notice is given.

c. This Lease may be terminated, without penalty or further liability by AT&T upon

sixty (60) days’ prior written notice to City for any reason or no reason, so long as AT&T pays City a termination fee equal to one year’s then applicable Base Rent, provided, however, that no such termination fee will be payable on account of the termination of this Lease by AT&T under any termination provision contained in any other Section of this Lease.

d. AT&T covenants and agrees to vacate and surrender the quiet and peaceable

possession of the Leased Premises within ninety (90) days after the termination of this Lease howsoever caused. No later than ninety (90) days after the expiration or termination date of this Lease, AT&T shall, at AT&T’s expense, remove from the Leased Premises all equipment comprising part of the PCS, the Service Building and any temporary structures or other personal property located on the Leased Premises. Should the AT&T fail to remove and restore the Leased Premises as aforesaid, then the City may perform the work and AT&T shall reimburse City for the cost thereof within sixty (60) days after a bill is rendered therefor to AT&T.

e. In case of AT&T’s failure to so remove its equipment, the Service Building and

any such temporary structures and other personal property, then at the option of City, upon the expiration of ninety (90) days after the termination of this Lease, the same shall become and thereafter remain the property of City; provided however, if within one (1) year after the expiration of such sixty (60) day period the City elects to and does remove, or cause to be removed, said equipment, the Service Building, temporary structures or other personal property from the Leased Premises, then AT&T shall reimburse City for the cost thereof within sixty (60) days after a bill is rendered therefor to AT&T.

f. Except as otherwise expressly provided herein, upon termination of this Lease, the

Parties shall have no further obligations to each other, including the payment of money. City shall retain all Base Rent paid for lease of the Leased Premises prior to the date of termination. 11. ASSIGNMENT. a. AT&T shall not, without the prior written consent of the City, obtained in each case, sell, assign, mortgage, deed in trust, or transfer this Lease, or sublet the Leased Premises or the license to use a portion of the Water Tank for the placement of equipment, nor permit any such sale, assignment, encumbrance, transfer or subletting to occur, by operation of law or otherwise, including any right of use, collocation or occupancy anywhere on the Leased Premises or on AT&T’s equipment on the Water Tank to any person and/or carrier or PCS provider, including providers of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301; provided however, the City’s consent shall not be required in connection with any sale, assignment or transfer of this Lease by AT&T to its parent company, any wholly-owned subsidiary of it or its parent company, or to any entity acquiring fifty-one percent (51%) or more of AT&T’s stock or assets, who in each instance has agreed in writing to assume all of the obligations of AT&T under the terms and conditions of this Lease and who has provided written notice to the City of the same within sixty (60) days after such sale,

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assignment or transfer is consummated. If AT&T shall become the subject of a court proceeding in bankruptcy or liquidating receivership, which proceedings are not dismissed within one hundred twenty (120) days, or shall make an assignment for the benefit of creditors, this Lease may by such fact or any other unauthorized act be terminated at the option of City. If AT&T shall sell, assign, or transfer all of its interest in this Lease with the prior written consent of the City, then City shall look to such purchaser, assignee, or transferee of AT&T’s obligations hereunder, and AT&T shall, from and after such conveyance, assignment, or transfer, be relieved and discharged from any and all liabilities and obligations under this Lease.

b. Without limiting any of the provisions of this Section 11, if pursuant to the Bankruptcy Code of 1978, as the same may be amended, AT&T or the Trustee in Bankruptcy is permitted to assign this Lease and AT&T’s interest in the Leased Premises in disregard of the restrictions contained in this Section 11, AT&T agrees that adequate assurance of future performance by the assignee permitted under such Bankruptcy Code shall mean the deposit of cash security with the City in an amount equal to two (2) year’s Base Rent then reserved hereunder. Such deposit shall be held by the City for the balance of the Term as security for the full and faithful performance of all of the obligations under this Lease on the part of the assignee yet to be performed. If AT&T or the Trustee receives or is to receive any valuable consideration for such an assignment of this Lease, such consideration, after deducting therefrom any portion of such consideration reasonably designated by the assignee as paid for the purchase of AT&T’s equipment or personal property on the Leased Premises, shall be and become the exclusive property of City and shall be paid over to City directly by such assignee. In addition, adequate assurance shall mean that any such assignee of this Lease shall have a net worth (exclusive of good will) equal to at least ten (10) times the aggregate of the annual Base Rent reserved hereunder.

c. Further, in the event of any such assignment, AT&T or the Trustee in Bankruptcy

shall reimburse City for any reasonable attorneys’ fees in connection with its reviewing and/or drafting of any appropriate documents to effect such transfer of AT&T’s interests. 12. SUBORDINATION.

a. This Lease and all rights of AT&T hereunder are subject and subordinate to any mortgage or financing instrument, blanket or otherwise, which do now or may hereafter affect the Land, and to any and all renewals, modifications, consolidations, replacements, and extensions thereof, provided, however, every such mortgage or financing instrument shall recognize the validity of this Lease in the event of a foreclosure of the City’s interest and also AT&T’s right to remain in occupancy of and to have access to the Leased Premises so long as AT&T is not in default of this Lease. It is the intention of the parties that this provision be self-operative, and that no further instrument shall be required to effect such subordination of this Lease. AT&T shall, however, upon demand at any time or times, execute, acknowledge, and deliver to City, without expense to the City, any and all instruments that may be necessary or proper to subordinate this Lease, and all rights of AT&T hereunder to any such mortgage or financing instrument, or to confirm or evidence said subordination in accordance with the terms contained above in this subsection.

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b. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage, deed of trust or financing instrument made by the City covering the Leased Premises, AT&T shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the City under this Lease.

c. AT&T agrees, within twenty-one (21) days of request by City, to execute and

deliver to the City a statement in written form prepared by the City certifying that this Lease is unmodified or stating such modifications; that AT&T has no defenses, offsets or counter claims against its obligations to pay Base Rent hereunder and to perform its other covenants under this Lease; and, that there are no uncured defaults of City or AT&T (or, if there are any, to state the same to any prospective purchaser, mortgagee or financier of the Land).

d. If the Leased Premises are encumbered by a mortgage or other financing instrument

on the date this Lease is executed, City will, immediately after execution, obtain and provide to AT&T, a non-disturbance instrument for each such mortgage or financing instrument in recordable form. Notwithstanding any provision to the contrary, if City fails to provide said non-disturbance instrument, AT&T shall have the right to immediately terminate this Lease upon written notice to City. 13. MEMORANDUM OF LEASE. For the purpose of providing constructive notice hereof, City and AT&T hereby agree to execute a Memorandum of PCS Site Lease in substantially the form attached hereto, marked as Exhibit “C”, and incorporated by reference herein. AT&T shall have the same recorded in the land records of St. Charles County, Missouri. 14. COVENANT OF TITLE. City covenants that City is seized of good and sufficient title and interest to the Leased Premises, and that City’s execution and performance of this Lease will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on City. City further covenants that there are no unrecorded liens, judgments, impediments or encumbrances on the Leased Premises not of record. 15. INSURANCE

a. During the Term, AT&T will carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Land, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. AT&T’s CGL insurance shall contain a provision including City as an additional insured. Such additional insured coverage:

(i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by AT&T, its employees, agents or independent contractors;

(ii) shall not extend to claims for punitive or exemplary damages arising out of the

acts or omissions of City, its employees, agents or independent contractors or where such

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coverage is prohibited by law or to claims arising out of the gross negligence of City, its employees, agents or independent contractors; and

(iii) shall not exceed AT&T’s indemnification obligation under this Lease, if any.

Notwithstanding the foregoing, AT&T shall have the right to self-insure the coverages required in this subsection. In the event AT&T elects to self-insure its obligation to include City as an additional insured, the following provisions shall apply (in addition to those set forth above):

(i) City shall promptly and no later than thirty (30) days after notice thereof

provide AT&T with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide AT&T with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;

(ii) City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of AT&T; and

(iii) City shall fully cooperate with AT&T in the defense of the claim, demand, lawsuit, or the like. The required insurance shall be issued by companies eligible to transact business

in Missouri and holding a current rating of not less than A-, VII according to A.M. Best. The commercial general liability insurance shall include both the AT&T as insured and the City as additional insured. AT&T shall, on or before the Effective Date, supply to City a certificate evidencing the above described insurance. Such insurance coverage shall not be canceled, or modified without thirty (30) days’ prior written notice sent by AT&T by certified mail to the City at City’s address as set forth in Section 19.b. hereof.

AT&T, for itself, its employees, contractors, agents, participants and invitees,

hereby expressly releases and discharges the City from any and all liability of every kind or nature, including, but not limited to, bodily injury (including death), damage to property, and all claims, suits, demands, losses, costs and expenses (including attorneys’ fees) arising from or alleged to arise from this Lease and use of the Leased Premises pursuant to this Lease, that may be sustained by AT&T, its employees, agents, contractors, participants or invitees while on the Leased Premises, except to the extent attributable to the gross negligence or willful misconduct of the City, its employees, agents or independent contractors.

b. AT&T shall indemnify, defend and hold harmless the City of and from any and all

liability, loss, damage, or expense, causes of action, suits, claims, and judgments, including reasonable legal fees and expenses in connection with defending any such action, suit, or claim which may arise or grow out of any injury to or death of persons on, or damage to the Leased Premises or property of third parties, of any and every kind and nature arising from AT&T’s use, occupation, management, or possession of the Leased Premises or any part thereof or occasioned by or attributable to the negligence, acts, or omissions, of or use by, AT&T, its agents, employees,

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contractors, participants or invitees, except to the extent attributable to the gross negligence or willful misconduct of City, its employees, agents or independent contractors.

c. City and AT&T hereby waive, on behalf of themselves and their insurers, any

claims that either may have against the other for loss or damage resulting from perils covered by the insurance provided pursuant to this Section 15, including, but not limited to, the standard form of fire and extended coverage insurance, including vandalism and malicious mischief, to the extent of such policies which shall be in effect from time to time in the State of Missouri, it being expressly understood that this waiver is intended to extend to all such loss or damage whether or not the same is caused by the fault or neglect of either City or AT&T. Each party shall secure from its casualty insurer a waiver of subrogation endorsement to its policy, and upon request, deliver a copy of such endorsement to the other party to this Lease.

16. GENERAL MAINTENANCE. AT&T agrees to keep the Leased Premises in good order and repair and free from any nuisance or filth upon or adjacent thereto, and not to use or permit the use of the same or any part thereof for any purpose forbidden by law or ordinance now in force or hereafter enacted in respect to the use or occupancy of said Leased Premises. City or its representatives may, at all reasonable hours, enter upon said Leased Premises for the purpose of examining the condition thereof. AT&T shall be allowed a reasonable time to correct any repairs after notification by City, subject to the provisions of Section 10.a. hereof.

City agrees to keep the Water Tank in good order and repair, and not to use or permit the

use of the same or any part thereof for any purpose forbidden by law or ordinance now in force or hereafter enacted in respect to the ownership of the Land. City agrees to comply with all federal, state and local laws, orders, rules and regulations relating to City’s ownership and use of the Land and any improvements on the Land.

17. INTERFERENCE. Except for uses existing on the Effective Date, the City shall not hereafter use, nor shall the City hereafter knowingly permit other PCS providers to use, any other portion of the Land in any way which materially interferes with the operations of AT&T. In the event such interference occurs, the City shall have the responsibility to promptly cause any such interference to be eliminated. If said interference cannot be eliminated within twenty-four (24) hours after receipt of notice that such interference is occurring, City shall discontinue or cause to be discontinued the operation of any equipment causing the interference until the same can be corrected, except for such intermittent operation as may be necessary for the purposes of testing any action that has been taken for the purposes of correcting such interference. The failure to correct such interference will not be deemed a breach of this Lease if the City has commenced reasonable efforts to correct the interference within such period, provided such efforts are prosecuted to completion with reasonable diligence.

18. COMPLIANCE WITH FCC RADIO FREQUENCY EMISSIONS REQUIREMENTS.

a. It shall be the responsibility of AT&T to ensure that AT&T’s use, installation, or modification of the PCS or other equipment on the Leased Premises or the Water Tank does not cause radio frequency exposure levels to any existing equipment located on the Land or in the

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surrounding vicinity (including the City’s equipment and all other transmitting equipment in the vicinity) to exceed those levels permitted by the FCC. City shall require other wireless communication providers installing equipment on the Leased Premises to bear the same responsibility.

b. AT&T agrees that in the event that there is any change to applicable rules,

regulations, and procedures governing exposure to radio frequency radiation which place the PCS in non-compliance, AT&T will cooperate with City and other users of the Water Tank, other than City, to bring the PCS into compliance, which cooperation shall include, but not be limited to, sharing pro rata the costs associated with bringing the PCS into compliance. 19. MISCELLANEOUS.

a. Choice Of Law; Venue. This Lease and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Missouri. Any litigation concerning this Lease shall be conducted in the circuit court for St. Charles County, Missouri, and the parties hereto consent to the jurisdiction of the circuit court for the County of St. Charles, Missouri. Each party waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. Each party further agrees not to assert against the other (except by way of a defense or counterclaim in a proceeding initiated by either party) any claim or other assertion of liability with respect to this Lease, or a party’s conduct or otherwise in any jurisdiction other than the foregoing jurisdiction. EACH PARTY CONSENTS THAT ALL SERVICE OF PROCESS MAY BE MADE BY CERTIFIED OR REGISTERED MAIL DIRECTED TO THE CITY OR AT&T AT THE ADDRESS STATED IN SECTION 19.b. BELOW AND SERVICE SO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPT THEREOF.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS SEPARATELY

BARGAINED-FOR CONSIDERATION, CITY AND AT&T HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR OTHERWISE RELATING TO THIS LEASE OR EITHER PARTY’S CONDUCT IN RESPECT OF ANY OF THE FOREGOING.

b. Notice. Any notice to be given or delivered pursuant to this Lease shall be ineffective unless given or delivered in writing, and shall be given or delivered in writing as follows:

As to AT&T: New Cingular Wireless PCS, LLC c/o AT&T Network Real Estate Administration Cell Site No.: MO3638; Site Name: Arrowhead AWS(MO) FA No.: 10069770 575 Morosgo Dr. Atlanta, GA 30324 With a required copy of the notice sent to the address above also sent to AT&T Legal at:

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New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site No.: MO3638; Site Name: Arrowhead AWS (MO)

FA No.: 10069770 208 S. Akard Street Dallas, Texas 75202-4206 As to City: City of St. Peters One St. Peters Centre Boulevard P.O. Box 9 St. Peters, Missouri 63376 Attention: City Administrator with a required copy of the notice sent to the address above also sent to the City’s Special Counsel at:

Hamilton Weber LLC 200 North Third Street St. Charles, Missouri 63301 Attention: Wm. Randolph Weber

or in any case, to such other address for a party as to which notice shall have been given in accordance with this Section. Notices so addressed shall be deemed to have been duly given (i) on the third business day after the day of mailing, if sent by registered or certified mail, postage prepaid, (ii) on the next business day following the documented acceptance thereof for next-day delivery by a national overnight air courier service, if so sent, or (iii) on the date of personal delivery. Otherwise, notices shall be deemed to have been given when actually received at such address.

Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

c. Binding On Successors And Assigns. This Lease shall extend to and be binding upon the successors and permitted assigns of the parties hereto.

d. Amendment. No amendment, modification, or waiver of this Lease or any provision hereof, including the provisions of this sentence, shall be effective or enforceable as against a party hereto unless made in a written instrument that specifically references this Lease and that is signed by the party waiving compliance.

e. Entire Lease. This Lease constitutes the exclusive statement of the agreement between City and AT&T concerning the subject matter hereof, and supersedes all other prior Leases, oral or written, between the parties hereto concerning such subject matter, including, but not limited to, the Original Lease, the First Amendment, the Second Amendment, and the Third Amendment. All negotiations between the parties hereto are superseded by this Lease, and there are no representations, warranties, promises, understandings or Leases, oral or written, in relation to the subject matter hereof and between the parties hereto other than those expressly set forth or expressly incorporated herein.

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f. Headings. The article and section headings used in this Lease are intended solely

for convenience of reference, do not themselves form a part of this Lease, and may not be given effect in the interpretation or construction of this Lease.

g. Number and Gender; Inclusion. Whenever the context requires in this Lease, the masculine gender includes the feminine or neuter, the neuter gender includes the masculine or feminine, the singular number includes the plural, and the plural number includes the singular. In every place where it is used in this Lease, the word “including” is intended and shall be construed to mean “including, without limitation.”

h. Counterparts. This Lease may be executed and delivered in multiple counterparts,

each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. A facsimile or electronic copy of a signature shall be deemed an original for purposes of this Lease.

i. Third Parties. Except as may otherwise be expressly stated herein, no provision of

this Lease is intended or shall be construed to confer on any Person, other than the parties hereto, any rights hereunder.

j. Time Periods. Any action required hereunder to be taken within a certain number

of days shall, except as may otherwise be expressly provided herein, be taken within that number of calendar days; provided, however, that if the last day for taking such action falls on a Saturday, a Sunday, or a legal holiday, the period during which such action may be taken shall automatically be extended to the next business day.

k. Further Assurances. The parties shall cooperate reasonably with each other and

with their respective representatives in connection with any steps required to be taken as part of their respective obligations under this Lease, and shall (a) furnish upon request to each other such further information; (b) execute and deliver to each other such other documents; and (c) do such other acts and things, all as the other party may reasonably request for the purpose of carrying out the intent of this Lease.

l. Severability. The provisions of this Lease are severable. If any provision of this

Lease, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Lease that can be given effect.

m. Remedies. The rights and remedies of the parties hereunder are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Each party acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Lease and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.

n. Authorization and Capacity. City and AT&T each represent to the other that it has

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the full right, power and authority to enter into this Lease and to fully perform its obligations hereunder. Each person executing this Lease warrants and represents that each has the authority to execute this Lease in the capacity stated and to bind the City and AT&T, respectively, except as otherwise specifically set forth herein. Each party will furnish to the other copies of such resolutions, certificates and Leases as the other shall request in order to confirm such authority and capacity of City and AT&T and of the persons who are to execute documents in connection herewith.

o. Successors and Assigns. Upon full execution by AT&T and City, this Lease (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, permitted assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by both of the parties. p. Non-Binding Until Fully Executed. This Lease is for discussion purposes only and does not constitute a formal offer by either party. This Lease is not and will not be binding on either party until and unless it is fully executed by both parties. q. Waiver of Landlord Liens. City waives any and all lien rights it may have, statutory or otherwise, concerning the PCS or any portion thereof. The PCS shall be deemed personal property for purposes of this Lease, regardless of whether any portion is deemed real or personal property under applicable law; City consents to AT&T’s right to remove all or any portion of the PCS from time to time in AT&T’s sole discretion and without City’s consent. r. Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, AT&T and City each waives any claims that each may have against the other with respect to consequential, incidental, punitive or special damages, however caused, based on any theory of liability. 20. CASUALTY. City will provide notice to AT&T of any material casualty or similar harm affecting the Water Tank or PCS within seven (7) days of the casualty or similar harm. If any part of the PCS or Water Tank is damaged by casualty or similar harm as to render the Leased Premises permanently unsuitable, in AT&T’s sole determination, then AT&T may terminate this Lease by providing written notice to City, which termination will be effective as of the date of such casualty or other harm. Upon such termination, AT&T will be entitled to collect all insurance proceeds payable to AT&T on account thereof and to be reimbursed for any prepaid Base Rent on a prorata basis after the date of such casualty or similar harm. If the Water Tank is partially damaged such that its use is temporarily suspended, City agrees to permit AT&T to place temporary transmission and reception facilities on the Land, but only until such time as AT&T is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease, such temporary facilities will be governed by all of the terms and conditions of this Lease, including Base Rent. If City or AT&T undertakes to rebuild or restore the Water Tank and/or the PCS, as applicable, and AT&T has not exercised its rights to terminate this Lease, then City agrees to permit AT&T to place temporary transmission and reception facilities on the Land at the Base Rent until the reconstruction of the Water Tank and/or the PCS is completed. If City determines not to rebuild or restore the Water Tank, City will notify AT&T of such determination within thirty (30) days after the casualty or other harm. If City does not so notify AT&T, and AT&T decides

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not to terminate under this Section, then City will promptly rebuild or restore any portion of the Water Tank interfering with or required for AT&T’s Permitted Use of the Leased Premises to substantially the same condition as existed before the casualty or other harm. City agrees that the Base Rent shall be abated until the Land and/or the Leased Premises are rebuilt or restored, unless AT&T places temporary transmission and reception facilities on the Land.

[Remainder of page intentionally left blank, Signature page to follow.]

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IN WITNESS WHEREOF, the City and AT&T have duly executed this instrument as of the later of the signature dates set forth below. SEAL: CITY: City of St. Peters, Missouri

AT&T: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager

By: ______________________________ Name: Russell W. Batzel Title: City Administrator Date:_____________________________

By: _____________________________ Name: Michael Bridwell Title: Area Manager- Real Estate & Construction, MOKS Mobility Date:____________________________

ATTEST: By:______________________________ Name: Patricia E. Smith Title: City Clerk

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CITY ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS. COUNTY OF ST. CHARLES ) On this ____ day of ____________, 20___, before me appeared RUSSELL W. BATZEL, to me personally known, who being by me duly sworn did say that he is the City Administrator of the City of St. Peters, Missouri, and that said instrument was signed and sealed in behalf of said City of St. Peters, Missouri by authority of its Board of Aldermen and said City Administrator acknowledged said instrument to be the free act and deed of said City of St. Peters, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. ____________________________________ Notary Public My Commission Expires:

AT&T ACKNOWLEDGEMENT STATE OF __________________ ) ) SS. COUNTY OF _________________ ) On this ____ day of ____________, 20___, before me, ___________________________, a Notary Public in and for said state, personally appeared __________________________, _____________________ of AT&T MOBILITY CORPORATION, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, known to me to be the person who executed the within instrument in behalf of said limited liability company and acknowledged to me that (he/she/they) executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. _________________________________ Notary Public My Commission Expires:

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EXHIBIT “A”

DESCRIPTION OF LAND Page 1 of 2

The Land is described as follows: A tract of land in part of U.S. Survey 731, Township 47 North, Range 3 East, St. Charles County, Missouri, and described as follows: Commencing at a point on the Eastern line of Missouri State Highway 79, at its intersection with the Northern line of the Norfolk and Western Railroad Right-of-Way, 100 feet wide; thence along said Eastern Highway line North 11 degrees 36 minutes 11 seconds East, 101.63 feet to a point of curve; thence continuing along said Highway line on a curve to the left having a radius of 2932.32 feet an arc distance of 253.47 feet to a point; thence continuing along said Highway line North 13 degrees 58 minutes 27 seconds East, 103.61 feet to a point; thence continuing along said Highway line on a curve to the left having a radius of 2947.32 feet an arc distance of 200.84 feet to a point; thence leaving said Highway line and running South 87 degrees 50 minutes 40 seconds East, 550.24 feet to the radius point of the circular tract of land herein described; said tract of land having a radius of 60 feet and a circumference of 376.992 feet and continuing 11,309.76 square feet (0.260 acres). Subject to reservations, restrictions, rights of way, easements and covenants of record, if any. Also an easement for ingress, egress and utility purposes leading from the above described Land to Kelly Boulevard.

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DESCRIPTION OF LEASE TRACT Page 2 of 2

ARROWHEAD INDUSTRIAL PARK, ST. CHARLES COUNTY, MISSOURI

3,848 SQUARE FEET

Lease Tract description: A parcel of land in part of Arrowhead Industrial Park, a subdivision in part of U.S. Survey 731, Township 47 North, Range 3 East, St. Charles County, Missouri, according to the plat thereof recorded in Plat Book 18, Pages 17 and 18 of the St. Charles County Records, being more particular described as follows: Commencing at a point on the Eastern Line of Right-of-Way of State Highway 79, at its intersection with the Northern line of the Norfolk and Western Railroad Right-of-Way 100.00 feet wide; thence Northerly along said Eastern line Highway 79 North 11 degrees 36 minutes 11 seconds East, 101.63 feet to a point of curvature; thence along said curve being a curve to the left, having a radius of 2932.32 feet, an arc distance of 253,47 feet to a point, thence North 13 degrees 58 minutes 27 seconds East, 103.61 feet to a point of curve; thence along said curve being a curve to the left have a radius of 2947.32 feet, an arc distance of 200.84 feet to a point; thence Easterly leaving said Eastern line of Highway 79 and along the common North line of Section F and the South line of Section C of aforementioned Arrowhead Industrial Park, South 87 degrees 50 minutes 40 seconds East, a distance of 490.24 feet to a point on the Right-of-Way line of Cermack Boulevard being 40 feet wide; thence Easterly South 87 feet 50 minutes 40 seconds East a distance of 60.00 feet to the radius point of a circular parcel of land being the true point of beginning of herein described Lease Tract, said parcel of land having a radius of 35.00 feet and a circumference of 219.91 feet and containing 3848 square feet or 0.088 acres more or less. The above described parcel is situated within the dedicated Right-of-Way of Cermack Blvd., as shown on aforementioned plat of Arrowhead Industrial Park.

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EXHIBIT “B-1”

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EXHIBIT “B-2”

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EXHIBIT “B-3”

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EXHIBIT “B-4”

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EXHIBIT “B-5”

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EXHIBIT “C”

MEMORANDUM OF LEASE

Return to: New Cingular Wireless PCS, LLC 575 Morosgo Dr. NE Atlanta, GA 30324 Attn: AT&T Network Real Estate Administration Re: Market: MO KS (MO) Cell Site Number: MO3638 Cell Site Name: Arrowhead AWS WT FA Number: 10069770 Address: 17 Cermak Blvd., St. Peters, MO 63376

County: St. Charles

This Memorandum of Lease is entered into as of the ____ day of ______________, 2017, by and between the City of St. Peters, Missouri, having a mailing address of One St. Peters Centre Blvd., P.O. Box 9, St. Peters, Missouri 63376 (hereinafter referred to as “City”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 (hereinafter referred to as “AT&T”).

1. City and AT&T’s predecessor-in-interest entered into a certain PCS SITE LEASE [Existing Tower] as of the 25th day of March, 1997, as thereafter amended by a certain FIRST AMENDMENT TO PCS SITE LEASE dated October 24, 2002, as amended by a certain SECOND AMENDMENT TO PCS SITE LEASE dated October 9, 2009, as amended by a certain THIRD AMENDMENT TO PCS SITE LEASE dated August 11, 2011, and as further amended and restated, in its entirety, by a certain AMENDED AND RESTATED PCS SITE LEASE dated as of __________, 2017 (the “Lease”), for the purpose of installing, operating and maintaining a personal communications service system facility (“PCS”) and related improvements. All of the foregoing are set forth in the Lease, as so amended.

2. AT&T’s current Term will expire on March 24, 2022 (the “Initial Term”). Upon the

expiration of the Initial Term, the Term will automatically renew for three (3) separate consecutive additional periods of five (5) years each (each being defined as an “Extension Term”) upon the same terms and conditions of the Lease, unless AT&T notifies Owner in writing of AT&T’s intention not to renew the Lease at least sixty

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(60) days prior to the expiration of the existing Term. Unless (i) City or AT&T notifies the other in writing of its intention to terminate this Lease at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Lease is terminated as otherwise permitted by this Lease prior to the end of the final Extension Term, then upon the expiration of the final Extension Term this Lease shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term.

3. The portion of the Land, which Land is described on Exhibit 1-A hereto, being leased

to AT&T (the “Premises”) is described in Exhibit 1-B hereto.

4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns, subject to the provisions of the Lease.

IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. CITY: City of St. Peters, Missouri

AT&T: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager

By: ______________________________ Name: Russell W. Batzel Title: City Administrator Date:_____________________________

By: _____________________________ Name:___________________________ Title: ____________________________ Date:____________________________

ATTEST: By:______________________________ Name: Patty Smith Title: City Clerk

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CITY ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS. COUNTY OF ST. CHARLES ) On this ____ day of ____________, 20___, before me appeared RUSSELL W. BATZEL, to me personally known, who being by me duly sworn did say that he is the City Administrator of the City of St. Peters, Missouri, and that said instrument was signed and sealed in behalf of said City of St. Peters, Missouri by authority of its Board of Aldermen and said City Administrator acknowledged said instrument to be the free act and deed of said City of St. Peters, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. ____________________________________ Notary Public My Commission Expires:

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AT&T ACKNOWLEDGEMENT STATE OF __________________ ) ) SS. COUNTY OF _________________ ) On this ____ day of ____________, 20___, before me, ___________________________, a Notary Public in and for said state, personally appeared __________________________, _____________________ of AT&T MOBILITY CORPORATION, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, known to me to be the person who executed the within instrument in behalf of said limited liability company and acknowledged to me that (he/she/they) executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State the day and year first above written. _________________________________ Notary Public My Commission Expires:

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EXHIBIT 1-A

DESCRIPTION OF LAND Page 1 of 2

to the Memorandum of Lease dated _____________ ___, 201__, by and between the City of St. Peters, Missouri, as City, and New Cingular Wireless PCS, LLC, a Delaware liability company, as AT&T.

The Land is described as follows: A tract of land in part of U.S. Survey 731, Township 47 North, Range 3 East, St. Charles County, Missouri, and described as follows: Commencing at a point on the Eastern line of Missouri State Highway 79, at its intersection with the Northern line of the Norfolk and Western Railroad Right-of-Way, 100 feet wide; thence along said Eastern Highway line North 11 degrees 36 minutes 11 seconds East, 101.63 feet to a point of curve; thence continuing along said Highway line on a curve to the left having a radius of 2932.32 feet an arc distance of 253.47 feet to a point; thence continuing along said Highway line North 13 degrees 58 minutes 27 seconds East, 103.61 feet to a point; thence continuing along said Highway line on a curve to the left having a radius of 2947.32 feet an arc distance of 200.84 feet to a point; thence leaving said Highway line and running South 87 degrees 50 minutes 40 seconds East, 550.24 feet to the radius point of the circular tract of land herein described; said tract of land having a radius of 60 feet and a circumference of 376.992 feet and continuing 11,309.76 square feet (0.260 acres). Subject to reservations, restrictions, rights of way, easements and covenants of record, if any. Also an easement for ingress, egress and utility purposes leading from the above described Land to Kelly Boulevard.

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EXHBIT 1-B

DESCRIPTION OF LEASE TRACT Page 2 of 2

ARROWHEAD INDUSTRIAL PARK, ST. CHARLES COUNTY, MISSOURI

3,848 SQUARE FEET

Lease Tract description: A parcel of land in part of Arrowhead Industrial Park, a subdivision in part of U.S. Survey 731, Township 47 North, Range 3 East, St. Charles County, Missouri, according to the plat thereof recorded in Plat Book 18, Pages 17 and 18 of the St. Charles County Records, being more particular described as follows: Commencing at a point on the Eastern Line of Right-of-Way of State Highway 79, at its intersection with the Northern line of the Norfolk and Western Railroad Right-of-Way 100.00 feet wide; thence Northerly along said Eastern line Highway 79 North 11 degrees 36 minutes 11 seconds East, 101.63 feet to a point of curvature; thence along said curve being a curve to the left, having a radius of 2932.32 feet, an arc distance of 253,47 feet to a point, thence North 13 degrees 58 minutes 27 seconds East, 103.61 feet to a point of curve; thence along said curve being a curve to the left have a radius of 2947.32 feet, an arc distance of 200.84 feet to a point; thence Easterly leaving said Eastern line of Highway 79 and along the common North line of Section F and the South line of Section C of aforementioned Arrowhead Industrial Park, South 87 degrees 50 minutes 40 seconds East, a distance of 490.24 feet to a point on the Right-of-Way line of Cermack Boulevard being 40 feet wide; thence Easterly South 87 feet 50 minutes 40 seconds East a distance of 60.00 feet to the radius point of a circular parcel of land being the true point of beginning of herein described Lease Tract, said parcel of land having a radius of 35.00 feet and a circumference of 219.91 feet and containing 3848 square feet or 0.088 acres more or less. The above described parcel is situated within the dedicated Right-of-Way of Cermack Blvd., as shown on aforementioned plat of Arrowhead Industrial Park.

AMENDED AND RESTATEDPCS SITE LEASE

Cell Site No. M03638Cell Site Name: Arrowhead AWS WTFixed Asset No. 10069770Market: MO KSAddress: 17 Cermak Blvd., St. Peters, MO 63376

THIS AMENDED AND RESTATED PCS SITE LEASE (the “Lease”), dated as of thelater of the signature dates set forth below (the “Effective Date”), is made and entered into byand between the City of St. Peters, Missouri, having a mailing address of One St. Peters CentreBlvd., St. Peters, MO 63376 (hereinafter referred to as “City”), and New Cingular Wireless PCS,LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr.,Atlanta, GA 30324 (hereinafter referred to as “AT&T”).

RECITALS

WHEREAS, City is the owner of certain real property, together with a water tank(“Water Tank”) and other improvements located thereon, lying and being situated in the Countyof St. Charles, State of Missouri, and as described more particularly on page 1 of Exhibit “A”attached hereto (the “Land”); and

WHEREAS, AT&T Wireless PCS, Inc., a Delaware corporation (Original Lessee),desired to lease a portion of the Land, together with a license to use a portion of the Water Tank,in the locations as generally shown on Exhibit “B” attached hereto and incorporated by referenceherein, for the placement of a PCS, as hereinafter defined, on the Water Tank, together withcertain equipment on that portion of the Land as shown on page 2 of Exhibit “A” (the “LeaseTract”) for a Service Building, as hereinafter defined, and related equipment, together with rightsof access and utility service to the Service Building and the Water Tank over the Land(collectively, the “Leased Premises”) for the purpose (the “Permitted Use”) of installing,constructing, using, inspecting, repairing, removing, maintaining and operating, at OriginalLessee’s expense, (i) a personal communications service system facility, including antennaequipment, supports, cables, wires, poles, conduits, lines, receivers, transmitters, fixtures,buttresses, anchors, fences and other related facilities, equipment and appurtenances for theoperation of the foregoing as shown on Exhibit “B”, and (ii) an equipment service building withportable emergency generator and other supporting equipment and facilities (“Service Building”)as more specifically described on Exhibit “B” attached hereto, (0) and (ii), collectively, the“PCS”), together with the right to temporarily park vehicles on the Land next to the Water Tankfor the purposes hereof; and

WHEREAS, City and Original Lessee entered into a certain PCS Site Lease [ExistingTower] dated March 25, 1997, whereby City leased the Leased Premises, as more particularlydescribed on page 2 of Exhibit A attached hereto, and located at 17 Cermak Blvd., St. Peters,

pesmith

Typewritten Text

Exhibit No. 1

MO 63376, together with a license to use a portion of the Water Tank as depicted on Exhibit “B”(the “Original Lease”); and

WHEREAS, Original Lessee assigned its interest in the Lease to AT&T Wireless PCS,LLC, a Delaware limited liability company, a subsidiary, affiliated entity, or an entity controlledby, under common control with, or controlling Original Lessee; and

WHEREAS, the City and AT&T Wireless PCS, LLC executed a certain FirstAmendment to PCS Site Lease dated October 24, 2002 (the “First Amendment”) to expand theLeased Premises, to accommodate three (3) additional cabinets, and to increase the Rent payableunder the Original Lease; and

WHEREAS, the City and AT&T, as successor by merger to AT&T Wireless PCS, LLC,,further amended and modified the Lease pursuant to a certain Second Amendment to PCS SiteLease dated October 9, 2009 (the “Second Amendment”), as previously amended and modifiedby the First Amendment; and

WHEREAS, AT&T, pursuant to a certain Third Amendment to PCS Site Lease datedAugust 12, 2011 (the “Third Amendment”), further amended and modified the Original Lease, aspreviously modified by the First Amendment and the Second Amendment; and

WHEREAS, the City and AT&T now wish to again extend the term of the OriginalLease, as amended by the First Amendment, the Second Amendment, and the Third Amendment,and to modify further the Rent payable under the Original Lease, as so amended, on the termsand conditions more specifically set forth herein.

NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the above andforegoing recitals, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the City and AT&T hereby agree to amend and restate, in itsentirety, the Original Lease, as amended by the First Amendment, the Second Amendment, andthe Third Amendment, as follows:

TERMS AND CONDITIONS

1. USE OF LEASED PREMISES. The Recitals set forth above are hereby incorporated byreference as though fully set forth herein, and constitute a part of this Lease. The City herebyleases to AT&T the Leased Premises and the easements generally described on Exhibit “B” forelectric, telephone, or other utilities in order to serve the PCS on the Leased Premises. AT&Tshall not use or permit the Leased Premises to be used for any purpose other than the PermittedUse without the prior, written consent of City. Notwithstanding anything to the contrarycontained herein, City agrees that the installation of AT&T’s PCS at the Leased Premises on thedate hereof was permitted under the Original Lease (as amended) and, therefore, is currently incompliance with the terms of this Lease. AT&T shall not use or permit the Leased Premises tobe used for any purpose other than the PCS or the Service Building without the prior, writtenconsent of the City.

2. ANY EXPANSION OF PERMITTED USE. All coax or cable installed on the WaterTank shall match the existing color of the Water Tank, and AT&T shall repair, clean, scrape andspot paint any rust stains and any spalled or bare areas of the Water Tank behind any equipmentadded to or removed from the Water Tank by AT&T at the same time as the removal orinstallation of any equipment portion of the PCS on the Water Tank by AT&T, which spotpainting shall also match the existing color of the Water Tank.

The City also retains the right, from time to time, to paint the Water Tank. Upon not less thansix (6) months prior written notice to AT&T of its intent to paint the Water Tank, AT&T shallremove, or protect from damage, its equipment and facilities located on the Water Tank in orderto permit such painting. The removal or protection of such equipment and facilities shall be atthe sole cost and expense of AT&T. The City shall provide a location for a cellular on wheelsfacility and will closely coordinate with AT&T in connection with the repainting of the WaterTank so as to reasonably minimize disruption to AT&T’s PCS and the coverage providedthereby.

AT&T may, at its expense, use the Leased Premises as described herein and install, construct,alter, modify, replace, and remove the PCS and all connections, utility lines and other facilitiesand structures supporting or servicing same as shown on Exhibit B, provided no liens arise fromsaid work. AT&T may at any time and from time to time, subject only to then-existing rights ofother occupants of the Water Tank and with prior written consent of City, (i) relocate the PCS onthe Water Tank as reasonably necessary or appropriate to maximize the effectiveness andefficiency of the services being provided to its customers through the PCS; or (ii) installadditional equipment on any portion of the Water Tank not occupied or interfering with therights of other occupants of the Water Tank; provided, however, that AT&T shall first provide tothe City, at its expense, a stress analysis confinTling that the installation of such additionalequipment will not increase the stress on the Water Tank by more than twenty percent (20%),and the City may condition approval of the addition of such equipment by the imposition of anextra fee for the same. At any time and from time to time, AT&T may remove its equipment andimprovements and shall repair any damage caused to the Water Tank as a result thereof. Anycables, wires, conduits, foundations or other structures installed in the Water Tank or on or underthe Land to connect, power or otherwise to service the PCS equipment located on the WaterTank shall be deemed abandoned and thereafter the property of City if not removed within onehundred twenty (120) days following the termination of this Lease. AT&T shall have the right tomake secure the Service Building.

All coax, antennas or any other equipment installed within the Leased Premises, other than onthe Water Tank or within the Service Building, shall be located underground.

3. ACCESS TO LEASED PREMISES. AT&T shall have access to the Leased Premises forthe purposes of operating. maintaining, upgrading, and repairing the PCS and related equipmentduring the New Term of this Lease and any renewals thereof, and ingress and egress to theLeased Premises over the Land is hereby granted to AT&T twenty-four (24) hours a day, threehundred sixty five (365) days per year so long as such ingress and egress does not interfere withthe City’s use of the Land or Water Tank. Only properly authorized engineers, employees,

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contractors or subcontractors of AT&T or the City, FCC inspectors, or persons under their directsupervision, are permitted to enter the Leased Premises.

4. TERMZ RENT.

a. The initial term of this Lease shall begin on the Effective Date and terminate onMarch 24, 2022 (“Initial Term”). At the end of the Initial Term, the Term will automaticallyrenew for three (3) separate consecutive additional periods of five (5) years each (each beingdefined as an “Extension Term”) upon the same terms and conditions of this Lease, unlessAT&T notifies City in writing of AT&T’s intention not to renew the Lease at least sixty (60)days prior to the expiration of the then existing Term. Unless (i) City or AT&T notifies the otherin writing of its intention to terminate this Lease at least six (6) months prior to the expiration ofthe final Extension Term, or (ii) this Lease is terminated as otherwise permitted by this Leaseprior to the end of the final Extension Term, then upon the expiration of the final Extension Termthis Lease shall continue in ffill force and effect upon the same covenants, terms and conditionsas contained herein for a further term of one (1) year, and for annual terms thereafter (“AnnualTerm”) until terminated by either party by giving to the other written notice of its intention to sotenTlinate at least six (6) months prior to the end of any such Annual Term. The Initial Terni,any Extension Terms, and any Annual Terms are collectively referred to as the “Tenm”

b. AT&T shall pay rent annually, in advance, beginning on the Effective Date andon each succeeding anniversary of the Effective Date during the Initial Term in the amount of$33,177.60, subject to adjustment, if any as provided below (the “Base Rent”).

During the first Extension Term (March 25, 2022 — March 24, 2027) the Base Rentpayable under this Lease shall be $39,813.12.

During the second Extension Term (March 25, 2027 — March 24, 2032), the Base Rentpayable under this Lease shall be $47,775.74.

During the third Extension Term (March 25, 2032 — March 24, 2037), and any AnnualTerm thereafter, the Base Rent payable under this Lease shall be $57,330.89.

c. In case City shall, by reason of the failure of AT&T to keep and perform any ofthe covenants, terms, or conditions herein contained to be kept and performed by AT&T, afternotice to AT&T of such failure and expiration of any applicable cure period as provided herein,be required to pay any sum of money, or be compelled or authorized under the terms hereof to doany act requiring the payment of money, including the enforcement of the terms and provisionshereof, then the sum or sums of money so paid by the City, including reasonable attorney’s fees,shall be added to the installment of Rent next becoming due, and shall be collectible asadditional rent in the same manner and with the same remedies as if said sum or sums had beenoriginally reserved as Base Rent.

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5. EMINENT DOMAIN/CONDEMNATION.

a. If all or any part of the Leased Premises is taken by eminent domain,condemnation, or other action pursuant to applicable law, and if said taking, in the sole discretionof AT&T, renders the Leased Premises partially or wholly unusable for providing personalcommunication services, then, at AT&T’s option, this Lease may be terminated as of the date ofsuch taking and Base Rent shall be prorated appropriately by City so that AT&T recovers BaseRent it paid for any time period after the date of such taking. AT&T shall pay no further BaseRent except that which may have been due and payable at the time of said taking.

b. If the whole or any part of the Leased Premises shall be acquired or condemnedby eminent domain for any public or quasi-public use or purpose, then AT&T relinquishes allright, title and interest in any condemnation award for the Leased Premises, and the entire awardfor the Leased Premises shall be paid to City. AT&T will be entitled to pursue its own awardfrom the condemning authority, which will include, where applicable, the value of its PCS,moving expenses, and business dislocation expenses, but only to the extent such award does notresult in a diminution of the awards payable to the City.

6. INDEMNITY: ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES.

a. AT&T shall indemnify, defend and hold harmless the City against any liability,loss, damage or expense incurred by the City in connection with any claim, demand or suit fordamages, injunction or other relief to the extent caused by AT&T’s (including its employees,agents, invitees, servants and/or contractors) acts or omissions on the Leased Premises or thatconstitute AT&T’s violation of Environmental Regulations as hereinafter defined.

b. The City and AT&T at no time during the term of this Lease shall use orknowingly penTlit the Land to be used in violation of any Environmental Regulations. AT&Tshall not permit environmental conditions at the Leased Premises that involve the generation,treatment or disposal of hazardous substances, materials, chemicals, or wastes. AT&T’s use ofthe Leased Premises will not involve use of the subsurface, except for the placement of electricalor utility conduit, or coaxial, or grounding wire, or landscaping, as required or permittedhereunder. City covenants that (i) the Land, as of the date of this Lease, is, to its actualknowledge, free of hazardous substances, including asbestos-containing materials and lead paint,and (ii) the Land has never been subject to any contamination or hazardous conditions resultingin any environmental investigation, inquiry or remediation.

c. For the purposed of this Section 6, the term “Environmental Regulations” shallmean any law, statute, regulation, order or rule now or hereafter promulgated by anygovernmental authority, whether local, state, or federal, relating to air pollution, water pollution,noise control and/or transporting, storing, handling, discharge, disposal or recovery of on-site oroff-site hazardous substances or materials, as same may be amended from time to time, includingwithout limitation, the following: (i) the Clean Air Act (42 U.S.C. § 7401 et seq.); (ii) MarineProtection, Research and Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water Act (33U.S.C. § 1251 et seq.); (iv) Resource Conservation and Recovery Act, as amended by theHazardous and Solid Waste Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive

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Environmental Response Compensation and Liability Act, as amended by the SuperftndAmendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.); (vi) Toxic SubstancesControl Act (15 U.S.C. § 2601 et seq.); (vii) the Federal Insecticide, Fungicide and RodenticideAct as amended (7 U.S.C. § 135 et seq.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f)et seq.); (ix) Occupational Health and Safety Act (29 U.S.C. § 651 et seq.); (x) the HazardousLiquid Pipeline safety Act (49 U.S.C. § 2001 et seq.); (xi) the Hazardous MaterialsTransportation Act (49 U.S.C. § 1801 et seq.); (xii) the Noise Control Act of 1972 (42 U.S.C. §4901 et seq.); (xiii) Emergency Planning and Community Right to Know Act (42 U.S.C. §11001-11050); and (xiv) the National Environmental Policy Act (42 U.S.C. § 4321-4347).

d. In the event AT&T becomes aware of any violation of Environmental Regulationson the Land, that, in AT&T’s sole determination, renders the condition of the Leased Premises orLand unsuitable for AT&T’s use, or if AT&T believes that the leasing or continued leasing ofthe Leased Premises would expose AT&T to undue risks of liability to a government agency orthird party for such violations, AT&T will have the right, in addition to any other rights it mayhave at law or in equity, to tenTlinate this Lease upon written notice to City.

e. This Section 6 shall sun’ive the expiration or sooner termination of this Lease.

7. ELECTRICAL SERVICE. AT&T shall have a separate meter installed and maintainedfor its electric service separate and distinct from any utility services provided to the City, andAT&T and/or its subtenants shall pay all costs related to said electric service and any otherutilities used by it, all of which utilities serving the Leased Premises shall be locatedunderground.

8. TAXES.

a. City shall be responsible for timely payment of all taxes and assessments, if any,levied upon the lands, improvements and other property of City, including any such taxes thatmay be calculated by the taxing authority using any method, including the income method.AT&T shall be responsible for payment of all real or personal property taxes levied uponAT&T’s leasehold interest, its PCS. or any other equipment or improvements located on theLeased Premises. Nothing herein shall require AT&T to pay any inheritance, franchise, income,payroll, excise, privilege, rent, capital stock, stamp, documentary. estate or profit tax, or any taxof similar nature, that is or may be imposed upon City, its successors or assigns.

b. In the event City receives a notice of assessment with respect to which taxes orassessments are imposed on AT&T’s leasehold improvements on the Leased Premises, City shallprovide AT&T with copies of each such notice immediately upon receipt. For any tax amountfor which AT&T is responsible under this Lease, AT&T shall have the right to contest, in goodfaith, the validity or the amount thereof using such administrative, appellate or other proceedingsas may be appropriate in the jurisdiction, and may defer payment of such obligations, pay sameunder protest, or take such other steps as AT&T may deem appropriate. This right shall includethe ability to institute any legal, regulatory or informal action in the name of AT&T, with respectto the valuation of the Leased Premises. Upon request and where deemed appropriate by AT&T,City shall assign to AT&T all of City’s right, title and interest in and to any protest right or

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refund claim for taxes for which AT&T is responsible under this Section 8. The expense of anyproceedings described in this Section 8.b. shall be borne by AT&T and any refunds or rebatessecured as a result of AT&T’s action shall belong to AT&T, to the extent the amounts wereoriginally paid or borne by AT&T.

c. AT&T shall have the right but not the obligation to pay any taxes due by Cityhereunder if City fails to timely do so, in addition to any other rights or remedies of AT&T. Inthe event that AT&T exercises its rights under this Section 8.c. due to such City default, AT&Tshall have the right to deduct such tax amounts paid from any monies due to City from AT&T.

d. Any tax-related notices shall be sent to AT&T in the manner set forth in Section19.b. and, in addition, a copy of any such notices shall be sent to the following address:

New Cingular Wireless PCS, LLCAttn: Network Real Estate Administration — TaxesRe: Cell Site # M03638; Cell Site Name: Arrowhead AWS (MO)Fixed Asset Number: 10069770575 Morosgo Drive NEAtlanta, GA 30324

9. NON DISTURBANCE.

a. Any sale or transfer by the City of all or part of the Leased Premises to apurchaser or transferee other than AT&T shall be under and subject to this Lease and AT&T’srights hereunder. If City, at any time during the Tenri of this Lease, decides to sell, subdivide orotherwise transfer all or any part of the Leased Premises, or all or any part of the Land, to apurchaser other than AT&T, City shall promptly notify AT&T in writing, and such sale,subdivision or transfer shall be subject to this Lease and AT&T’s rights hereunder. In the eventof a change in ownership, transfer or sale of the Land, within ten (10) days of such transfer, Cityor its successor shall send the documents listed below in this subsection (b) to AT&T. UntilAT&T receives all such documents, AT&T shall not be responsible for any failure to makepayments under this Lease and reserves the right to hold payments due under this Lease.

i. Deed to Land, Bill of Sale or other instrument of transferii. New IRS Form W-9iii. Completed and Signed AT&T Payment Direction Formiv. Full contact information for purchaser including phone number(s)

City agrees, after the Effective Date, not to lease or use any areas of the Land for theinstallation, operation or maintenance of other wireless communications facilities if suchinstallation, operation or maintenance would unreasonably interfere with AT&T’s use of the PCSas determined by radio propagation tests performed by an independent third party. If the radiofrequency propagation tests demonstrate levels of unreasonable interference, City shall beprohibited from further leasing or using any areas of the Land for purposes of any furtherinstallation, operation or maintenance of any other wireless communications facility orequipment.

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b. Subject to the other terms of this Lease, City covenants that AT&T shall and maypeacefully and quietly have, hold and enjoy the Leased Premises during the term of this Leaseprovided that AT&T pays the Rent payable to City under this Lease and performs all of AT&T’scovenants and Leases herein contained. City shall take no action that will or could adverselyaffect AT&T’s use of the Leased Premises except in the exercise of its governmental duties andfunctions. City acknowledges that the Leased Premises have little or no value to AT&T if AT&Tcannot use the Leased Premises as permitted hereunder, that the Leased Premises are unique, andthat AT&T has made or will make a large investment in the Leased Premises, and therefore, Cityagrees that AT&T shall be entitled to injunctive relief or other equitable relief to require City tocomply with all provisions of this Lease which may interfere in any way with AT&T’s PermittedUse of the Leased Premises, so that AT&T may continue with such use of the Leased Premisesas fully permitted hereunder.

c. The following will be deemed a default by City and a breach of this Lease: (i)City’s failure to allow access to the Leased Premises as required by Section 3 of this Leasewithin twenty-four (24) hours after written notice of such failure; or (ii) City’s failure to cure aninterference problem as required by Section 17 of this Lease; or (iii) City’s failure to perform anyterm, condition or breach of any warranty or covenant under this Lease within sixty (60) days ofwritten notice from AT&T specifying the failure. No such failure, however, will be deemed toexist if City has commenced to cure the default within such period and provided such efforts areprosecuted to completion with reasonable diligence. Delay in curing a default will be excused ifdue to causes beyond the reasonable control of City. If City remains in default beyond anyapplicable cure period, AT&T will have: (i) the right to cure City’s default and to deduct thecosts of such cure from any monies due to City from AT&T, or (ii) pursue any and all otherrights available to it under law or equity.

10. TERMINATION.

a. If either party breaches a provision of this Agreement (the “Defaulting Party”),the non-breaching party (the “Non-Defaulting Party”) shall provide the Defaulting Party writtennotice of the alleged breach. After receipt of such written notice, the Defaulting Party shall havefifteen (15) days to cure any monetary default and thirty (30) days in which to cure any non-monetary default. The Defaulting Party shall have such extended periods as may be requiredbeyond the thirty (30) day cure period to cure any non-monetary default if the nature of the cureis such that it reasonably requires more than thirty (30) days to cure, and the Defaulting Partycommences the cure within the thirty (30) day period and thereafter continuously and diligentlypursues the cure to completion. The Non-Defaulting Party may not maintain any action or effectany remedies for default against the Defaulting Party unless and until the Defaulting Party hasfailed to cure the same within the time periods provided in this Section 10. If the DefaultingParty has not commenced the cure within the time periods provided in this Section 10, the NonDefaulting Party may give written notice of its intent to terminate this Agreement. SuchtenTlination shall become effective ten (10) days after the Defaulting Party’s receipt of the noticeof intent to terminate, if the Defaulting Party has not cured the breach within such ten (10) dayperiod.

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b. In the event that: (i) any one (I) or more of AT&T’s licenses, permits orapprovals necessary to conduct its business on the Leased Premises are involuntarily revoked orcanceled through no fault on the part of AT&T; (ii) environmental contamination is found on theLand that is not caused by AT&T; or (iii) AT&T is enjoined from conducting its business on theLeased Premises for any reason whatsoever by a final judgment of a court of competentjurisdiction, then AT&T shall be entitled to terminate this Lease at any time by written notice oftermination to City effective thirty (30) days after such notice is given.

c. This Lease may be terminated, without penalty or further liability by AT&T uponsixty (60) days’ prior written notice to City for any reason or no reason, so long as AT&T paysCity a termination fee equal to one year’s then applicable Base Rent, provided, however, that nosuch termination fee will be payable on account of the termination of this Lease by AT&T underany termination provision contained in any other Section of this Lease.

d. AT&T covenants and agrees to vacate and surrender the quiet and peaceablepossession of the Leased Premises within ninety (90) days after the termination of this Leasehowsoever caused. No later than ninety (90) days after the expiration or termination date of thisLease, AT&T shall, at AT&T’s expense. remove from the Leased Premises all equipmentcomprising pan of the PCS. the Service Building and any temporary structures or other personalproperty located on the Leased Premises. Should the AT&T fail to remove and restore theLeased Premises as aforesaid, then the City may perform the work and AT&T shall reimburseCity for the cost thereof within sixty (60) days after a bill is rendered therefor to AT&T.

e. In case of AT&T’s failure to so remove its equipment, the Service Building andany such temporary structures and other personal property, then at the option of City, upon theexpiration of ninety (90) days after the termination of this Lease, the same shall become andthereafter remain the property of City; provided however, if within one (1) year after theexpiration of such sixty (60) day period the City elects to and does remove, or cause to beremoved, said equipment, the Service Building, temporary structures or other personal propertyfrom the Leased Premises, then AT&T shall reimburse City for the cost thereof within sixty (60)days afier a bill is rendered therefor to AT&T.

f. Except as otherwise expressly provided herein, upon termination of this Lease,the Parties shall have no ffirther obligations to each other, including the payment of money. Cityshall retain all Base Rent paid for lease of the Leased Premises prior to the date of termination.

11. ASSIGNMENT.

a. AT&T shall not, without the prior written consent of the City, obtained in eachcase, sell, assign, mortgage, deed in trust, or transfer this Lease, or sublet the Leased Premises orthe license to use a portion of the Water Tank for the placement of equipment, nor permit anysuch sale, assignment, encumbrance, transfer or subletting to occur, by operation of law orotherwise, including any right of use, collocation or occupancy anywhere on the LeasedPremises or on AT&T’s equipment on the Water Tank to any person and/or carrier or PCSprovider, including providers of alL services licensed to use radio communications pursuant toSection 301 of the Communications Act of 1934,47 U.S.C. § 301; provided however, the City’s

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consent shall not be required in connection with any sale, assignment or transfer of this Lease byAT&T to its parent company, any wholly-owned subsidiary of it or its parent company, or to anyentity acquiring fifty-one percent (5 1%) or more of AT&T’s stock or assets, who in eachinstance has agreed in writing to assume all of the obligations of AT&T under the terms andconditions of this Lease and who has provided written notice to the City of the same within sixty(60) days after such sale, assignment or transfer is consummated. If AT&T shall become thesubject of a court proceeding in bankruptcy or liquidating receivership, which proceedings arenot dismissed within one hundred twenty (120) days, or shall make an assignment for the benefitof creditors, this Lease may by such fact or any other unauthorized act be terminated at theoption of City. If AT&T shall sell, assign, or transfer all of its interest in this Lease with theprior written consent of the City, then City shall look to such purchaser, assignee, or transferee ofAT&T’s obligations hereunder, and AT&T shall, from and after such conveyance, assignment,or transfer, be relieved and discharged from any and all liabilities and obligations under thisLease.

b. Without limiting any of the provisions of this Section II, if pursuant to theBankruptcy Code of 1978, as the same may be amended, AT&T or the Trustee in Bankruptcy ispermitted to assign this Lease and AT&T’s interest in the Leased Premises in disregard of therestrictions contained in this Section II, AT&T agrees that adequate assurance of ffitureperformance by the assignee permitted under such Bankruptcy Code shall mean the deposit ofcash security with the City in an amount equal to two (2) year’s Base Rent then reservedhereunder. Such deposit shall be held by the City for the balance of the Term as security for thefill and faiththl performance of all of the obligations under this Lease on the part of the assigneeyet to be perfornwd. If AT&T or the Trustee receives or is to receive any valuable considerationfor such an assignment of this Lease, such consideration, after deducting therefrom any portionof such consideration reasonably designated by the assignee as paid for the purchase of AT&T’sequipment or personal property on the Leased Premises, shall be and become the exclusiveproperty of City and shall be paid over to City directly by such assignee. In addition, adequateassurance shall mean that any such assignee of this Lease shall have a net worth (exclusive ofgood will) equal to at least ten (10) times the aggregate of the annual Base Rent reservedhereunder.

c. Further, in the event of any such assignment, AT&T or the Trustee in Bankruptcyshall reimburse City for any reasonable attorneys’ fees in connection with its reviewing and/ordrafting of any appropriate documents to effect such transfer of AT&T’s interests.

12. SUBORDINATION.

a. This Lease and all rights of AT&T hereunder are subject and subordinate to anymortgage or financing instrument, blanket or otherwise, which do now or may hereafter affectthe Land, and to any and all renewals, modifications, consolidations, replacements, andextensions thereof, provided, however, every such mortgage or financing instrument shallrecognize the validity of this Lease in the event of a foreclosure of the City’s interest and alsoAT&T’s right to remain in occupancy of and to have access to the Leased Premises so long asAT&T is not in default of this Lease. It is the intention of the parties that this provision be selfoperative, and that no further instrument shall be required to effect such subordination of this

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Lease. AT&T shall, however, upon demand at any time or times, execute, acknowledge, anddeliver to City, without expense to the City, any and all instruments that may be necessary orproper to subordinate this Lease, and all rights of AT&T hereunder to any such mortgage orfinancing instrument, or to confirm or evidence said subordination in accordance with the termscontained above in this subsection.

b. In the event any proceedings are brought for foreclosure, or in the event of theexercise of the power of sale under any mortgage, deed of trust or financing instrument made bythe City covering the Leased Premises, AT&T shall attom to the purchaser upon any suchforeclosure or sale and recognize such purchaser as the City under this Lease.

c. AT&T agrees, within twenty-one (21) days of request by City, to execute anddeliver to the City a statement in written form prepared by the City certifying that this Lease isunmodified or stating such modifications; that AT&T has no defenses, offsets or counter claimsagainst its obligations to pay Base Rent hereunder and to perform its other covenants under thisLease; and, that there are no uncured defaults of City or AT&T (or, if there are any, to state thesame to any prospective purchaser, mortgagee or financier of the Land).

d. If the Leased Premises are encumbered by a mortgage or other financinginstrument on the date this Lease is executed, City will, immediately after execution, obtain andprovide to AT&T, a non-disturbance instrument for each such mortgage or financing instrumentin recordable form. Notwithstanding any provision to the contrary, if City fails to provide saidnon-disturbance instrument, AT&T shall have the right to immediately terminate this Lease uponwritten notice to City.

13. MEMORANDUM OF LEASE. For the purpose of providing constructive notice hereof,City and AT&T hereby agree to execute a Memorandum of PCS Site Lease in substantially theform attached hereto, marked as Exhibit “C”. and incorporated by reference herein. AT&T shallhave the same recorded in the land records of St. Charles County, Missouri.

14. COVENANT OF TITLE. City covenants that City is seized of good and sufficient titleand interest to the Leased Premises, and that City’s execution and performance of this Lease willnot violate any laws, ordinances, covenants or the provisions of any mortgage, lease or otheragreement binding on City. City further covenants that there are no unrecorded liens, judgments.impediments or encumbrances on the Leased Premises not of record.

15. INSURANCE

a. During the Terni, AT&T will carry, at its own cost and expense, the followinginsurance: (i) workers’ compensation insurance as required by law; and (ii) commercial generalliability (CGL) insurance with respect to its activities on the Land, such insurance to affordprotection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or asubstitute fomi providing substantially equivalent coverage. AT&T’s CGL insurance shallcontain a provision including City as an additional insured. Such additional insured coverage:

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(i) shall be limited to bodily injury, property damage or personal and advertisinginjury caused, in whole or in part, by AT&T, its employees, agents or independentcontractors;

(ii) shall not extend to claims for punitive or exemplary damages arising out of theacts or omissions of City, its employees, agents or independent contractors or where suchcoverage is prohibited by law or to claims arising out of the gross negligence of City, itsemployees, agents or independent contractors; and

(iii) shall not exceed AT&T’s indemnification obligation under this Lease, if any.Notwithstanding the foregoing, AT&T shall have the right to self-insure the coveragesrequired in this subsection. In the event AT&T elects to self-insure its obligation toinclude City as an additional insured, the following provisions shall apply (in addition tothose set forth above):

(i) City shall promptly and no later than thirty (30) days after noticethereof provide AT&T with written notice of any claim, demand, lawsuit, or thelike for which it seeks coverage pursuant to this Section and provide AT&T withcopies of any demands, notices, summonses, or legal papers received inconnection with such claim, demand, lawsuit, or the like;

(ii) City shall not settle any such claim, demand, lawsuit, or the likewithout the prior written consent of AT&T; and

(iii) City shall ftflly cooperate with AT&T in the defense of the claim,demand, lawsuit, or the like.

The required insurance shall be issued by companies eligible to transact businessin Missouri and holding a current rating of not less than A-, VII according to A.M. Best. Thecommercial general liability insurance shall include both the AT&T as insured and the City asadditional insured. AT&T shall, on or before the Effective Date, supply to City a certificateevidencing the above described insurance. Such insurance coverage shall not be canceled, ormodified without thirty (30) days’ prior written notice sent by AT&T by certified mail to theCity at City’s address as set forth in Section l9.b. hereof.

AT&T, for itself, its employees, contractors, agents, participants and invitees,hereby expressly releases and discharges the City from any and all liability of every kind ornature, including, but not limited to, bodily injury (including death), damage to property, and allclaims, suits, demands, losses, costs and expenses (including attorneys’ fees) arising from oralleged to arise from this Lease and use of the Leased Premises pursuant to this Lease, that maybe sustained by AT&T, its employees, agents, contractors, participants or invitees while on theLeased Premises, except to the extent attributable to the gross negligence or willftil misconductof the City, its employees, agents or independent contractors.

b. AT&T shall indemnify, defend and hold harmless the City of and from any andall liability, loss, damage, or expense, causes of action, suits, claims, and judgments, including

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reasonable legal fees and expenses in connection with defending any such action, suit, or claimwhich may arise or grow out of any injury to or death of persons on, or damage to the LeasedPremises or property of third parties, of any and every kind and nature arising from AT&T’s use,occupation, management, or possession of the Leased Premises or any part thereof or occasionedby or attributable to the negligence, acts, or omissions, of or use by, AT&T, its agents,employees, contractors, participants or invitees, except to the extent attributable to the grossnegligence or willful misconduct of City, its employees, agents or independent contractors.

c. City and AT&T hereby waive, on behalf of themselves and their insurers, anyclaims that either may have against the other for loss or damage resulting from perils covered bythe insurance provided pursuant to this Section 15, including, but not limited to, the standardform of fire and extended coverage insurance, including vandalism and malicious mischief, tothe extent of such policies which shall be in effect from time to time in the State of Missouri, itbeing expressly understood that this waiver is intended to extend to all such loss or damagewhether or not the same is caused by the fault or neglect of either City or AT&T. Each partyshall secure from its casualty insurer a waiver of subrogation endorsement to its policy, and uponrequest, deliver a copy of such endorsement to the other party to this Lease.

16. GENERAL MAINTENANCE. AT&T agrees to keep the Leased Premises in good orderand repair and free from any nuisance or filth upon or adjacent thereto, and not to use or permitthe use of the same or any part thereof for any purpose forbidden by law or ordinance now inforce or hereafter enacted in respect to the use or occupancy of said Leased Premises. City or itsrepresentatives may, at all reasonable hours, enter upon said Leased Premises for the purpose ofexamining the condition thereof AT&T shall be allowed a reasonable time to correct any repairsafter notification by City, subject to the provisions of Section lO.a. hereof

City agrees to keep the Water Tank in good order and repair, and not to use or pennit theuse of the same or any part thereof for any purpose forbidden by law or ordinance now in forceor hereafter enacted in respect to the ownership of the Land. City agrees to comply with allfederal, state and local laws, orders, rules and regulations relating to City’s ownership and use ofthe Land and any improvements on the Land.

17. INTERFERENCE. Except for uses existing on the Effective Date, the City shall nothereafter use, nor shall the City hereafter knowingly permit other PCS providers to use, any otherportion of the Land in any way which materially interferes with the operations of AT&T. In theevent such interference occurs, the City shall have the responsibility to promptly cause any suchinterference to be eliminated. If said interference cannot be eliminated within twenty-four (24)hours after receipt of notice that such interference is occurring, City shall discontinue or cause tobe discontinued the operation of any equipment causing the interference until the same can becorrected, except for such intermittent operation as may be necessary for the purposes of testingany action that has been taken for the purposes of correcting such interference. The failure tocorrect such interference will not be deemed a breach of this Lease if the City has commencedreasonable efforts to correct the interference within such period, provided such efforts areprosecuted to completion with reasonable diligence.

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18. COMPLIANCE WITH FCC RADIO FREQUENCY EMISSIONS REQUIREMENTS.

a. It shall be the responsibility of AT&T to ensure that AT&T’s use, installation, ormodification of the PCS or other equipment on the Leased Premises or the Water Tank does notcause radio frequency exposure levels to any existing equipment located on the Land or in thesurrounding vicinity (including the City’s equipment and all other transmitting equipment in thevicinity) to exceed those levels permitted by the FCC. City shall require other wirelesscommunication providers installing equipment on the Leased Premises to bear the sameresponsibility.

b. AT&T agrees that in the event that there is any change to applicable rules,regulations, and procedures governing exposure to radio frequency radiation which place thePCS in non-compliance, AT&T will cooperate with City and other users of the Water Tank,other than City, to bring the PCS into compLiance, which cooperation shall include, but not belimited to, sharing pro rata the costs associated with bringing the PCS into compliance.

19. MISCELLANEOUS.

a. Choice Of Law: Venue. This Lease and the performance thereof shall begoverned, interpreted, construed, and regulated by the laws of the State of Missouri. Anylitigation concerning this Lease shall be conducted in the circuit court for St. Charles County,Missouri, and the parties hereto consent to the jurisdiction of the circuit court for the County ofSt. Charles, Missouri. Each party waives any objection to jurisdiction and venue of any actioninstituted against it as provided herein and agrees not to assert any defense based on lack ofjurisdiction or venue. Each party further agrees not to assert against the other (except by way ofa defense or counterclaim in a proceeding initiated by either party) any claim or other assertionof liability with respect to this Lease, or a party’s conduct or otherwise in any jurisdiction otherthan the foregoing jurisdiction. EACH PARTY CONSENTS THAT ALL SERVICE OFPROCESS MAY BE MADE BY CERTIFIED OR REGISTERED MAIL DIRECTED TO THECITY OR AT&T AT THE ADDRESS STATED IN SECTION l9.b. BELOW AND SERVICESO MADE SHALL BE DEEMED TO BE COMPLETED UPON ACTUAL RECEIPTTHEREOF.

TO THE FULLEST EXTENT PERMIHED BY LAW. AND AS SEPARATELYBARGAINED-FOR CONSIDERATION, CITY AND AT&T HEREBY WAIVE ANY RIGHTTO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OFANY KIND ARISING OUT OF OR OTHERWISE RELATING TO THIS LEASE OR EITHERPARTY’S CONDUCT IN RESPECT OF ANY OF THE FOREGOING.

b. Notice. Any notice to be given or delivered pursuant to this Lease shall beineffective unless given or delivered in writing, and shall be given or delivered in writing asfollows:

As to AT&T: New Cingular Wireless PCS, LLCdo AT&T Network Real Estate AdministrationCell Site No.: M03638; Site Name: Arrowhead AWS(MO)

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FANo.: 10069770575 Morosgo Dr.Atlanta, GA 30324

With a required copy of the notice sent to the address above also sent to AT&T Legal at:

New Cingular Wireless PCS, LLCAttn: AT&T Legal DepartmentRe: Cell Site No.: M03638; Site Name: Arrowhead AWS (MO)FANo.: 10069770208 5. Akard StreetDallas, Texas 75202-4206

As to City: City of St. PetersOne St. Peters Centre BoulevardP.O. Box 9St. Peters, Missouri 63376Attention: City Administrator

with a required copy of the notice sent to the address above also sent to the City’s SpecialCounsel at:

Hamilton Weber LLC200 North Third StreetSt. Charles, Missouri 63301Attention: Wm. Randolph Weber

or in any case, to such other address for a party as to which notice shall have been given inaccordance with this Section. Notices so addressed shall be deemed to have been duly given (i)on the third business day after the day of mailing, if sent by registered or certified mail, postageprepaid, (ii) on the next business day following the documented acceptance thereof for next-daydelivery by a national overnight air courier service, if so sent, or (iii) on the date of personaldelivery. Otherwise, notices shall be deemed to have been given when actually received at suchaddress.

Either party hereto may change the place for the giving of notice to it by thirty (30) daysprior written notice to the other as provided herein.

c. Bindina On Successors And Assigns. This Lease shall extend to and be bindingupon the successors and permitted assigns of the parties hereto.

d. Amendment. No amendment, modification, or waiver of this Lease or anyprovision hereof, including the provisions of this sentence. shall be effective or enforceable asagainst a party hereto unless made in a written instrument that specifically references this Leaseand that is signed by the party waiving compliance.

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e. Entire Lease. This Lease constitutes the exclusive statement of the agreementbetween City and AT&T concerning the subject matter hereof, and supersedes all other priorLeases, oral or written, between the parties hereto concerning such subject matter, including, butnot limited to, the Original Lease, the First Amendment, the Second Amendment, and the ThirdAmendment. All negotiations between the parties hereto are superseded by this Lease, and thereare no representations, warranties, promises, understandings or Leases, oral or written, in relationto the subject matter hereof and between the parties hereto other than those expressly set forth orexpressly incorporated herein.

f. Headings. The article and section headings used in this Lease are intended solelyfor convenience of reference, do not themselves form a part of this Lease, and may not be giveneffect in the interpretation or construction of this Lease.

g. Number and Gender: Inclusion. Whenever the context requires in this Lease, themasculine gender includes the feminine or neuter, the neuter gender includes the masculine orfeminine, the singular number includes the plural, and the plural number includes the singular.In every place where it is used in this Lease, the word “including” is intended and shall beconstrued to mean “including, without limitation.”

h. Counterparts. This Lease may be executed and delivered in multiple counterparts,each of which shall be deemed an original, and all of which together shall constitute one and thesame instrument. A facsimile or electronic copy of a signature shall be deemed an original forpurposes of this Lease.

i. Third Parties. Except as may otherwise be expressly stated herein, no provisionof this Lease is intended or shall be construed to confer on any Person, other than the partieshereto, any rights hereunder.

j. Time Periods. Any action required hereunder to be taken within a certain numberof days shall, except as may otherwise be expressly provided herein, be taken within that numberof calendar days; provided, however, that if the last day for taking such action falls on aSaturday, a Sunday, or a legal holiday, the period during which such action may be taken shallautomatically be extended to the next business day.

Ic. Further Assurances. The parties shall cooperate reasonably with each other andwith their respective representatives in connection with any steps required to be taken as part oftheir respective obligations under this Lease, and shall (a) furnish upon request to each othersuch ffirther information; (b) execute and deliver to each other such other documents; and (c) dosuch other acts and things, all as the other party may reasonably request for the purpose ofcarrying out the intent of this Lease.

I. Severability. The provisions of this Lease are severable. If any provision of thisLease, or the application thereof to any person or circumstance, shall be deemed invalid orunenforceable under any appLicable law, such invalidity or unenforceability shall not affect theother provisions of this Lease that can be given effect.

16

m. Remedies. The rights and remedies of the parties hereunder are not mutuallyexclusive; that is, the exercise of one or more of the provisions hereof shall not preclude theexercise of any other provision hereof Each party acknowledges, confirms, and agrees thatdamages may be inadequate for a breach or a threatened breach of this Lease and, in the event ofa breach or threatened breach of any provision hereof, the respective rights and obligationshereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.

n. Authorization and Capacity. City and AT&T each represent to the other that ithas the MI right, power and authority to enter into this Lease and to hilly perform its obligationshereunder. Each person executing this Lease warrants and represents that each has the authorityto execute this Lease in the capacity stated and to bind the City and AT&T, respectively, exceptas otherwise specifically set forth herein. Each party will thmish to the other copies of suchresolutions, certificates and Leases as the other shall request in order to confirm such authorityand capacity of City and AT&T and of the persons who are to execute documents in connectionherewith.

o. Successors and Assiuns. Upon Ml execution by AT&T and City, this Lease (i)shall be binding upon and shall inure to the benefit of each of the parties and their respectivesuccessors, permitted assigns, receivers and trustees; and (ii) may be modified or amended onlyby a written agreement executed by both of the parties.

p. Non-Binding Until Fully Executed. This Lease is for discussion purposes onlyand does not constitute a formal offer by either party. This Lease is not and will not be bindingon either party until and unless it is hilly executed by both parties.

q. Waiver of Landlord Liens. City waives any and all lien rights it may have,statutory or otherwise, concerning the PCS or any portion thereof The PCS shall be deemedpersonal property for purposes of this Lease, regardless of whether any portion is deemed real orpersonal property under applicable law; City consents to AT&T’s right to remove all or anyportion of the PCS from time to time in AT&T’s sole discretion and without City’s consent.

r. Limitation of Liability. Except for the indemnity obligations set forth in thisAgreement, and otherwise notwithstanding anything to the contrary in this Agreement, AT&Tand City each waives any claims that each may have against the other with respect toconsequential. incidental, punitive or special damages, however caused, based on any theory ofliability.

20. CASUALTY. City will provide notice to AT&T of any material casualty or similar hannaffecting the Water Tank or PCS within seven (7) days of the casualty or similar harm. If anypart of the PCS or Water Tank is damaged by casualty or similar harni as to render the LeasedPremises permanently unsuitable, in AT&T’s sole determination, then AT&T may terminate thisLease by providing written notice to City, which termination will be effective as of the date ofsuch casualty or other harm. Upon such termination, AT&T will be entitled to collect allinsurance proceeds payable to AT&T on account thereof and to be reimbursed for any prepaidBase Rent on a prorata basis after the date of such casualty or similar harm. If the Water Tank ispartially damaged such that its use is temporarily suspended, City agrees to permit AT&T to

17

place temporary transmission and reception facilities on the Land, but only until such time asAT&T is able to activate a replacement transmission facility at another location; notwithstandingthe termination of this Lease, such temporary facilities will be governed by all of the terms andconditions of this Lease, including Base Rent. If City or AT&T undertakes to rebuild or restorethe Water Tank and/or the PCS, as applicable, and AT&T has not exercised its rights toterminate this Lease, then City agrees to permit AT&T to place temporary transmission andreception facilities on the Land at the Base Rent until the reconstruction of the Water Tankand/or the PCS is completed. If City determines not to rebuild or restore the Water Tank, Citywill notify AT&T of such determination within thirty (30) days after the casualty or other harm.If City does not so notii AT&T, and AT&T decides not to terminate under this Section, thenCity will promptly rebuild or restore any portion of the Water Tank interfering with or requiredfor AT&T’s Permitted Use of the Leased Premises to substantially the same condition as existedbefore the casualty or other harm. City agrees that the Base Rent shall be abated until the Landand/or the Leased Premises are rebuilt or restored, unless AT&T places temporary transmissionand reception facilities on the Land.

[Remainder ofpage intentionally left b/an/cSignature page totb//OH’.]

18

IN WITNESS WHEREOF, the City and AT&T have duly executed this instrument asof the later of the signature dates set forth below.

SEAL: AT&T:

CITY: New Cingular Wireless PCS. LLCa Delaware limited liability company

City of St. Peters, Missouri By: AT&T Mobility CorporationIts: Manager

By:

_________________________

By: 4Name: Russell W. Batzel Name: Michael Bridwell

Title: City Administrator Title: Area Manager- Real Estate &Construction, MOKS Mobility

Date:__________________________ / /Date: 7i1ii)

ATTEST:

By:_________________________

Name: Patricia E. Smith

Title: City Clerk

19

CITY ACKNOWLEDGEMENT

STATE OF MISSOURI )) 55.

COUNTY OF ST. CHARLES

On this

____

day of , 20. before me appeared RUSSELL W. BATZEL,to me personally known, who being by me duly sworn did say that he is the City Administratorof the City of St. Peters, Missouri, and that said instrument was signed and sealed in behalf ofsaid City of St. Peters. Missouri by authority of its Board of Aldermen and said CityAdministrator acknowledged said instrument to be the free act and deed of said City of St.Peters. Missouri.

IN WITNESS V/HEREOF, 1 have hereunto set my hand and affixed my official seal inthe County and State aforesaid, the day and year first above written.

Notary Public

My Commission Expires:

AT&T ACKNOWLEDGEMENT

STATE OF

_____________

, )SS.COUNTY OF t7Lc-c2-rT)

On this/?Zjäay of SSA7E ,20/7 before me, ,9 ,

Nptary Public in and for said state, personally appeared ,il/jetlCpe( 497QCO.2,&’4t-rcrr Y/&,Q rc/F of AT&T MOBILITY CORPORATION, Manager of NEW(INGULAR WIRELESS PCS. LLC. a Delaware limited liability company, known to me to be theperson who executed the within instrument in behalf of said limited liability company andacknowledged to me that (heJshe/they) executed the same for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal inthe County and State the day and year first above written.

A. CARSONNotary Public - Notary Seal

STATE OF MISSOURI ElICommissioned br Saint Louis CountyMy Commission Expires: October 13,2019 Notary Public

Commission # 15698277

My Commission Expires: /c!7—ZP-/ t

20

EXHIBIT “A”

DESCRIPTION OF LANDPage I of2

The Land is described as follows:

A tract of land in part of U.S. Survey 731, Township 47 North, Range 3 East, St. CharlesCounty, Missouri, and described as follows: Commencing at a point on the Eastern line ofMissouri State Highway 79, at its intersection with the Northern line of the Norfolk and WesternRailroad Right-of-Way, 100 feet wide; thence along said Eastern Highway line North 11 degrees36 minutes 11 seconds East, 101.63 feet to a point of curve; thence continuing along saidHighway line on a curve to the left having a radius of 2932.32 feet an arc distance of 253.47 feetto a point; thence continuing along said Highway line North 13 degrees 58 minutes 27 secondsEasE. 103.61 feet to a point; thence continuing along said Highway line on a curve to the lefthaving a radius of 2947.32 feet an arc distance of 200.84 feet to a point; thence leaving saidHighway line and running South 87 degrees 50 minutes 40 seconds East, 550.24 feet to theradius point of the circular tract of land herein described; said tract of land having a radius of 60feet and a circumference of 376.992 feet and continuing 11,309.76 square feet (0.260 acres).

Subject to reservations, restrictions, rights of way, easements and covenants of record, if any.

Also an easement for ingress, egress and utility purposes leading from the above described Landto Kelly Boulevard.

21

DESCRIPTION OF LEASE TRACTPage 2 of2

ARROWHEAD INDUSTRIAL PARK,ST. CHARLES COUNTY, MISSOURI

3,848 SQUARE FEET

Lease Tract description:

A parcel of land in part of Arrowhead Industrial Park, a subdivision in part of U.S. Survey 731,Township 47 North, Range 3 East, St. Charles County, Missouri, according to the plat thereofrecorded in Plat Book 18, Pages 17 and 18 of the St. Charles County Records, being moreparticular described as follows:

Commencing at a point on the Eastern Line of Right-of-Way of State Highway 79, at itsintersection with the Northern line of the Norfolk and Western Railroad Right-of-Way 100.00feet wide; thence Northerly along said Eastern line Highway 79 North 11 degrees 36 minutes 11seconds East, 101.63 feet to a point of curvature; thence along said curve being a curve to theleft, having a radius of 2932.32 feet, an arc distance of 253,47 feet to a point, thence North 13degrees 58 minutes 27 seconds East, 103.61 feet to a point of curve; thence along said curvebeing a curve to the left have a radius of 2947.32 feet, an arc distance of 200.84 feet to a point;thence Easterly leaving said Eastern line of Highway 79 and along the common North line ofSection F and the South line of Section C of aforementioned Arrowhead Industrial Park, South87 degrees 50 minutes 40 seconds East, a distance of 490.24 feet to a point on the Right-ofWayline of Cermack Boulevard being 40 feet wide; thence Easterly South 87 feet 50 minutes 40seconds East a distance of 60.00 feet to the radius point of a circular parcel of land being the truepoint of beginning of herein described Lease Tract, said parcel of land having a radius of 35.00feet and a circumference of 219.91 feet and containing 3848 square feet or 0.088 acres more orless. The above described parcel is situated within the dedicated Right-of-Way of CermackBlvd., as shown on aforementioned plat of Arrowhead Industrial Park.

77

EXHIBIT “B-I”

AT&T wil bring fber

to the premises from the

North and p&ce a Fibertermination point

AT&TwiI trenchand run

new conduitfrom the

AT&T leased equipment

area to the Fiber

23

EXHIBIT “B-2”

In IUt

p‘H

lb

14II

II

4-,CD

24

EXHIBIT “B-3”

25

EXHIBIT “8-4”

26

EXHIBIT “B-5”

27

EXHIBIT “C”

MEMORANDUM OF LEASE

Return to:New Cingular Wireless PCS, LLC575 Morosgo Dr. NEAtlanta, GA 30324Attn: AT&T Network ReaL Estate Administration

Re: Market: MO KS (MO)Cell Site Number: M03638Cell Site Name: Arrowhead AWS VTFA Number: 10069770

Address: 17 Cermak Blvd., St. Peters, MO 63376County: St Charles

This Memorandum of Lease is entered into as of the

____

day of

_______________,2017,

byand between the City of St. Peters, Missouri, having a mailing address of One St. Peters CentreBlvd., P.O. Box 9, St. Peters, Missouri 63376 (hereinafter referred to as “City”). and NewCingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of575 Morosgo Dr. NE, Atlanta, GA 30324 (hereinafter referred to as “AT&T”).

I. City and AT&T’s predecessor-in-interest entered into a certain PCS SITE LEASE[Existing Tower] as of the 25111 day of March, 1997, as thereafter amended by acertain FIRST AMENDMENT TO PCS SITE LEASE dated October 24, 2002, asamended by a certain SECOND AMENDMENT TO PCS SITE LEASE datedOctober 9, 2009, as amended by a certain THIRD AMENDMENT TO PCS SITELEASE dated August II, 2011, and as further amended and restated, in its entirety,by a certain AMENDED AND RESTATED PCS SITE LEASE dated as of

__________

2017 (the “Lcasc”), for the purpose of installing, operating andmaintaining a personal communications service system facility (“PCS”) and relatedimprovements. All of the foregoing are set forth in the Lease, as so amended.

2. AT&T’s current Tent will expire on March 24, 2022 (the “Initial Tent”). Upon theexpiration of the Initial Tent, the Tent will automatically renew for three (3)separate consecutive additional periods of five (5) years each (each being defined as

28

an “Extension Term”) upon the same terms and conditions of the Lease, unlessAT&T notifies Owner in writing of AT&T’s intention not to renew the Lease at leastsixty (60) days prior to the expiration of the existing Term. Unless (i) City or AT&Tnotifies the other in writing of its intention to terminate this Lease at Least six (6)months prior to the expiration of the final Extension Term, or (ii) the Lease isterminated as othenvise permitted by this Lease prior to the end of the final ExtensionTerm, then upon the expiration of the final Extension Term this Lease shall continuein force upon the same covenants, terms and conditions for a further term of one (I)year, and for annual terms thereafter (“Annual Term”) until terminated by either partyby giving to the other written notice of its intention to so terminate at least six (6)months prior to the end of any such Annual Term.

3. The portion of the Land, which Land is described on Exhibit I-A hereto, being leasedto AT&T (the “Premises”) is described in Exhibit 1-B hereto.

4. This Memorandum of Lease is not intended to amend or modify, and shall not bedeemed or construed as amending or modifying, any of the terms, conditions orprovisions of the Lease, all of which are hereby ratified and affirmed. In the event ofa conflict between the provisions of this Memorandum of Lease and the provisions ofthe Lease, the provisions of the Lease shall control. The Lease shall be binding uponand inure to the benefit of the parties and their respective successors and permittedassigns, subject to the provisions of the Lease.

IN 4VITNESS WHEREOF, the parties have executed this Memorandum of Lease as of theday and year first above written.

CITY: AT&T:

City of St. Peters, Missouri New Cingular Wireless PCS, LLCa Delaware limited liability companyBy: AT&T Mobility CorporationIts: Manager

By:

_____________________

By:

________________

MICHAEL BRIDWELLName: Russell W. Batzel Name: Area Mpr-cnnt& FnpTitle: City Administrator Title:

____________________________

Date:____________________ Date:

ATTEST:

By:__________________________Name: Patty SmithTitle: City Clerk

29

CITY ACKNOWLEDGEMENT

STATE OF MISSOURI )) 55.

COUNTY OF ST. CHARLES

On this

____

day of

_____________,

20, before me appeared RUSSELL \V. BATZEL,to me personally known, who being by me duly sworn did say that he is the City Administratorof the City of St. Peters, Missouri. and that said instrument was signed and sealed in behalf ofsaid City of St. Peters, Missouri by authority of its Board of Aldermen and said CityAdministrator acknowledged said instrument to be the free act and deed of said City of St.Peters, Missouri.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal iii

the County and State aforesaid, the day and year first above written.

Notary Public

My Commission Expires:

30

AT&T ACKNOWLEDGEMENT

STATE OF 1(19 o) 55.

COUNTY OF___________

On this /3av of JEAT 20/7, before me.Notary Public in and for said state, personally appeared

______________________

%re c4p_ of AT&T MOBILITY CORPORATION, Manager of NEWCINGULAR WIRELESS PCS. LLC, a Delaware limited liability company, known to me to be theperson who executed the within instrument in behalf of said limited liability company andacknowledged to me that (he/she/they) executed the same for the purposes therein stated.

IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal inthe County and State the day and year first above written.

NotA. CARSON

ary Public- Notary Seal

CommiSTATE OF MISSOURI

_____________

Notary PbIicssloned br Saint Louis CountyMy Commission Expires: October 13,2019ommjssjo 0 l5698fl’

My Commission Expires: 0— —1

3’

EXHIBIT 1-A

DESCRIPTION OF LANDPage 1 of2

to the Memorandum of Lease dated

______________

, 201. by arid between the City of St.Peters, Missouri. as City, and New Cingular Wireless PCS. LLC. a Delaware liability company,as AT&T.

The Land is described as follows:

A tract of land in part of U.S. Survey 731, Township 47 North, Range 3 East, St. CharlesCounty, Missouri, and described as follows: Commencing at a point on the Eastern line ofMissouri State Highway 79. at its inlersection with the Northern line of the Norfolk and WesternRailroad Right-of-Way, 100 feet wide; thence along said Eastern Highway line North 11 degrees36 minutes II seconds East, 101.63 feet to a point of curve; thence continuing along saidHighway line on a curve to the left having a radius of 2932.32 feet an arc distance of 253 .47 feetto a point; thence continuing along said Highway line North 13 degrees 58 minutes 27 secondsEast, 103.61 feet to a point; thence continuing along said Highway line on a curve to the lefthaving a radius of 2947.32 feet an arc distance of 200.84 feet to a point; thence leaving saidHighway line and running South 87 degrees 50 minutes 40 seconds East, 550.24 feet to theradius point of the circular tract of land herein described; said tract of land having a radius of 60feet and a circumference of 376.992 feet and continuing 11,309.76 square feet (0.260 acres).

Subject to reservations, restrictions, rights of way, easements and covenants of record, if any.

Also an easement for ingress, egress and utility purposes leading from the above described Landto Kelly Boulevard.

32

EXHBIT 1-B

DESCRIPTION OF LEASE TRACTPage 2 of 2

ARROWHEAD INDUSTRIAL PARK,ST. CHARLES COUNTY, MISSOURI

3,848 SQUARE FEET

Lease Tract description:

A parcel of land in part of Arrowhead Industrial Park, a subdivision in part of U.S. Survey 731,Township 47 North, Range 3 East, St. Charles County, Missouri, according to the plat thereofrecorded in Plat Book 18, Pages 17 and IS of the St. Charles County Records, being moreparticular described as follows:

Commencing at a point on the Eastern Line of Right-of-Way of Stale Highway 79, at itsintersection with the Northern line of the Norfolk and Western Railroad Right-of-Way 100.00feet wide; thence Northerly along said Eastern line Highway 79 North II degrees 36 minutes IIseconds East, 101.63 feet to a point of curvature; thence along said curve being a curve to theleft, having a radius of 2932.32 feet, an arc distance of 253,47 feet to a point, thence North 13degrees 58 minutes 27 seconds East, 103.61 feet to a point of curve; thence along said curvebeing a curve to the left have a radius of 2947.32 feet, an arc distance of 200.84 feet to a point;thence Easterly leaving said Eastern line of Highway 79 and along the common North line ofSection F and the South line of Section C of aforementioned Arrowhead Industrial Park, South87 degrees 50 minutes 40 seconds East, a distance of 490.24 feet to a point on the Right-of-Wayline of Cermack Boulevard being 40 feet wide; thence Easterly South 87 feet 50 minutes 40seconds East a distance of 60.00 feet to the radius point of a circular parcel of land being the truepoint of beginning of herein described Lease Tract, said parcel of land having a radius of 35.00feet and a circumference of 219.91 feet and containing 3848 square feet or 0.088 acres more orless. The above described parcel is situated within the dedicated Right-of-Way of CermackBlvd., as shown on aforementioned plat of Arrowhead Industrial Park.

33

BILL NO. 17-155 I-11

ORDINANCE NO.

AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (MEADOWRIDGE APARTMENTS – AMENITIES PLAT)

WHEREAS, the property owner has submitted to the City for review and approval the following record plat:

Meadowridge Apartments – Amenities Plat


SECTION 1. The record plat, Meadowridge Apartments – Amenities Plat, is hereby approved.

SECTION 2. The City Clerk will maintain a copy of said Record Plat on file with City Records.

SECTION 3. Savings Clause.


SECTION 4. Severability Clause.







Len Pagano, Mayor


BILL NO. 17-156 I-12

ORDINANCE NO.

AN ORDINANCE APPROVING RECORD PLATS WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (MEADOWRIDGE APARTMENTS PLAT A, MEADOWRIDGE APARTMENTS PLAT B, MEADOWRIDGE APARTMENTS PLAT C, MEADOWRIDGE APARTMENTS PLAT D, MEADOWRIDGE APARTMENTS PLAT E, MEADOWRIDGE APARTMENTS PLAT F, MEADOWRIDGE APARTMENT PLAT G, MEADOWRIDGE APARTMENTS PLAT H, MEADOWRIDGE APARTMENTS PLAT I, MEADOWRIDGE APARTMENTS PLAT J, MEADOWRIDGE APARTMENTS PLAT K, MEADOWRIDGE APARTMENTS PLAT L, MEADOWRIDGE APARTMENTS PLAT M, MEADOWRIDGE APARTMENTS PLAT N, AND MEADOWRIDGE APARTMENT PLAT O)


Meadowridge Apartments Plat A, Meadowridge Apartments Plat B, Meadowridge Apartments Plat C, Meadowridge Apartments Plat D, Meadowridge Apartments Plat E, Meadowridge Apartments Plat F, Meadowridge Apartments Plat G, Meadowridge Apartments Plat H, Meadowridge Apartments Plat I, Meadowridge Apartments Plat J, Meadowridge Apartments Plat K, Meadowridge Apartments Plat L, Meadowridge Apartments Plat M, Meadowridge Apartments Plat N, Meadowridge Apartments Plat O


SECTION 1. The record plats, Meadowridge Apartments Plat A, Meadowridge Apartments Plat B, Meadowridge Apartments Plat C, Meadowridge Apartments Plat D, Meadowridge Apartments Plat E, Meadowridge Apartments Plat F, Meadowridge Apartments Plat G, Meadowridge Apartments Plat H, Meadowridge Apartments Plat I, Meadowridge Apartments Plat J, Meadowridge Apartments Plat K, Meadowridge Apartments Plat L, Meadowridge Apartments Plat M, Meadowridge Apartments Plat N, Meadowridge Apartments Plat O, are hereby approved.



Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause.


SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 28th day of September, 2017. As Presiding Officer and as Mayor Len Pagano, Mayor Attest:

Patricia E. Smith, City Clerk Approved this 28th day of September, 2017.

Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

BILL NO. 17-157 I-13

ORDINANCE NO.

AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (RESUBD. LOT 3 SCHNEIDER FARM ESTATES)


Resub. Lot 3 Schneider Farm Estates


SECTION 1. The record plat, Resub. Lot 3 Schneider Farm Estates, is hereby approved.











Len Pagano, Mayor


BILL NO. 17-158 I-14

ORDINANCE NO.

AN ORDINANCE APPROVING THE NAME CHANGE OF ST. HENRY LANE TO SOUTH GATTY DRIVE

WHEREAS, the existing road is named St. Henry Lane from McMenamy Road to St. Lawrence Drive; and

WHEREAS, the St. Charles County Assessor’s Office shows this street as South Gatty Drive; and

WHEREAS, it would be in the best interest of the residents of the City of St. Peters that the name of St. Henry Lane be changed to South Gatty Drive; and

WHEREAS, St. Charles County Dispatch and Alarm Department have approved the new name; and

WHEREAS, the Planning and Zoning Commission has recommended approval of said street name change.


SECTION 1. That the name of St. Henry Lane be renamed to South Gatty Drive.

SECTION 2. The City Clerk is hereby directed to record this Ordinance in the office of the Recorder of Deeds of St. Charles County, Missouri, and provide copies of this Ordinance to the St. Charles County Registrar’s Office, St. Charles County Planning Office, St. Charles

County Assessor’s Office, Central County Fire and Rescue, St. Charles Fire Department, St. Charles County Dispatch and Alarm, the St. Peters Post Office and the St. Charles Post Office.





SECTION 5. This Ordinance shall be in full force and take effect on September 28, 2017.




Approved this 28th day of September, 2017. Len Pagano, Mayor Attest: Patricia E. Smith, City Clerk

No.

BILL NO. 17-159 I-15

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT WITH KEY EQUIPMENT & SUPPLY FOR THE PURCHASE OF SOLID WASTE COLLECTION EQUIPMENT

WHEREAS, the City of St. Peters did identify the need to develop a solid waste management system and set priorities to regulate the disposal of municipal solid waste generated within the City; and

WHEREAS, the City solicited bids for the purchase of two (2) side loader collection vehicles in August 2017; and

WHEREAS, seven (7) bids were received in September 2017 for the purchase of the side loader collection trucks; and

WHEREAS, it was recommended that the vehicle purchase be awarded to the lowest qualifying bidder, Key Equipment & Supply.


SECTION 1. The City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with Key Equipment & Supply for the purchase of two (2) 2018 Peterbilt side loader collection trucks with Labrie Automizer bodies in the amount of $564,990.00.

SECTION 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters.

SECTION 3. Savings.

Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

No.

SECTION 4. Severability. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two (2) times, passed and approved this 28th day of September 2017. _______________________________________________ As Presiding Officer and as Mayor Len Pagano, Mayor Attest:__________________________________ Patricia E. Smith, City Clerk Approved this 28th day of September 2017. _______________________________________________ Len Pagano, Mayor Attest:__________________________________ Patricia E. Smith, City Clerk

No.

BILL NO. 17-160 I-16

ORDINANCE NO.

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE A CONTRACT WITH R.N.O.W. FOR THE PURCHASE OF YARD WASTE COLLECTION EQUIPMENT

WHEREAS, the City of St. Peters identified the need to develop a solid waste management system and set priorities to regulate the disposal of municipal yard waste generated within the City; and

WHEREAS, the City solicited bids for the purchase of two (2) automated yard waste collection vehicles in August 2017; and

WHEREAS, one (1) bids were received in August 2017 for the purchase of two (2) yard waste collection trucks; and

WHEREAS, it is recommended that the purchase of the trucks be awarded to the lowest qualifying bidder, RNOW.


SECTION 1. The City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with R.N.O.W. for the purchase of two Lodal Mag 20 yard waste collection vehicles with automated collection arm and optional equipment in the amount of $512,230.00.

SECTION 2. That the City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters.

SECTION 3. Savings.

Except as expressly set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in manner connected with the subject matter hereof.

No.

SECTION 4. Severability.

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer valid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.


Read two (2) times, passed and approved this 28th day of September 2017.

_______________________________________________ As Presiding Officer and as Mayor Len Pagano, Mayor

Attest:__________________________________ Patricia E. Smith, City Clerk


_______________________________________________ Len Pagano, Mayor

Attest:__________________________________ Patricia E. Smith, City Clerk

BILL NO. 17-161 I-17 ORDINANCE NO.

AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, MISSOURI; TITLE IV: LAND USE PERTAINING TO ZONING AND PROPERTY WITHIN SAID CITY IN RESPONSE TO REZONING PETITION NUMBER 17-13 EFN 4951 EXECUTIVE CENTRE PROPERTY LLC C/O KATIE NAPLETON BY MAKING CERTAIN CHANGES IN THE DESIGNATED DISTRICTS IN CERTAIN SECTIONS OF SAID CITY

WHEREAS, by Petition Number 17-13 EFN 4951 Executive Centre Property LLC c/o Katie Napleton requests an amendment to the Commercial Planned District approved for the subject site; and WHEREAS, by Petition Number 03-10 the Commercial Planned District was initially requested and was approved via Ordinance 3923; and WHEREAS, amendments to the CPD have been approved by Ordinances 4874 and 5677; and WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri did first refer this Petition to the City's Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission did hold a Public Hearing on this proposed amendment; and WHEREAS, at the Public Hearing persons in interest and citizens were given an opportunity to be heard on this proposed change; and

WHEREAS, said Planning and Zoning Commission did consider this Petition and did recommend approval to the Board of Aldermen.


SECTION 1. The Code of the City of St. Peters, Missouri, Title IV: Land Use is hereby amended by making the following changes in the Zoning District Map, which map is on file in the Office of the City Clerk, to amend a 8 +/- acre tract zoned Commercial Planned District (CPD) which tract is described as follows (the “Property”):

A Resubdivision of Adjusted Lot 2A of A Boundary Adjustment of Lots 2A and 2B of I-70 Executive Centre as recorded in Book 49 Page 165 of the

St. Charles County Recorder of Deeds

And

Lot 2B of the Resubdivision of Lot 2 of I-70 Executive Centre as recorded in Plat Book 31, Page 217 of the St. Charles County Recorder of Deeds

SECTION 2. The above-described Property shall comply with the following development criteria:

A. The Property Owner will continue with operation of the Planned Commercial Development in accordance with the Development Plan and Site Plan filed with the City (or in accordance with a revised Development Plan or Site Plan, if any such revision be proposed by Property Owner, its successors or assigns, and subsequently be approved by the City, all in conformance with the then controlling sections of the Zoning Ordinances for the City of St. Peters, Missouri).

B. The Property Owner (or its successors in interest) may develop the Property, except that as concerns those matters not addressed therein, the Property Owner will comply with the Ordinances of the City.

C. The Property Owner shall use the Property as a new motor vehicle franchise dealer and appurtenant uses.

D. City will issue building permits with respect to the Property in as timely a manner as practicable, or will enumerate in writing the reasons, if any, why any such permit may not be issued.

E. The Property Owner will provide the City with all information required by the appropriate sections of City Ordinances for a Planned Commercial Development, and if any

information is inadvertently omitted it will be provided upon request, as soon as it may reasonably be obtained.

F. Sections K. and L. of Ord. 5677 are amended as follows:

K. Site Design.

1 – 3 No changes 4. The minimum parking setback from Executive Centre Parkwayshall be sixty-five (65) feet.

L. General Development Requirements.

1. Access shall be limited to the two (2) existing curb cuts and one (1)additional curb cut for a total of three (3) curb cuts on VeteransMemorial Parkway. Two (2) curb cuts from Executive Centre Parkwayshall be permitted as indicated on the approved Site DevelopmentPlan.

2. – 7. No changes

8. Prior to use of the parking lot accessed from Executive CentreParkway a Roadway Maintenance and Utility Easement (RMUE) orsimilar instrument shall be established to allow the City of St. Peters tocreate a parking, pedestrian and landscape area at a time determinedby the City of St. Peters.

SECTION 3. Savings.

Except as specifically set forth herein, nothing contained in this Ordinance shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any Ordinance 5677 or any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof.

SECTION 4. Severability.

If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no

longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.

SECTION 5. Effective Date.

This Ordinance shall be in full force and take effect from and after the date of its final passage and approval.





Len Pagano, Mayor


I-18 RESOLUTION NO. ____________

RESOLUTION OF THE CITY OF ST. PETERS, MISSOURI APPROVING A PLAN FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF A FACILITY FOR AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY

WHEREAS, the City of St. Peters, Missouri, a fourth-class city and political subdivision of the State of Missouri (the “City”), is authorized and empowered pursuant to the provisions of Article VI, Section 27(b) of the Missouri Constitution and Sections 100.010 to 100.200, inclusive, of the Revised Statutes of Missouri, as amended (collectively, the “Act”), to purchase, construct, improve and equip certain projects (as defined in the Act), to issue industrial development revenue bonds for the purpose of providing funds to pay the costs of such projects, and to lease or otherwise dispose of such projects to private persons or corporations for manufacturing, commercial, office industry, warehousing and industrial development purposes upon such terms and conditions as the City shall deem advisable; and

WHEREAS, FedEx Ground Package System, Inc., a Delaware corporation, and Scannell Properties #300, LLC, an Indiana limited liability company, have requested that the City issue its Taxable Industrial Revenue Bonds (FedEx Ground Package System, Inc. Project), Series 2017, in the maximum principal amount of $50,000,000 (the “Bonds”), for the purpose of acquiring certain real property containing Parcel ID Nos. 2-0109-1799-00-0014.2, 2-0107-0735-00-0005.0, 2-0107-8176-00-0002.0000000, 2-0107-8176-00-0003.1000000, and 2-0107-0735-00-0012.2200000 in the City (the “Project Site”), and constructing an approximately 496,209 square foot facility thereon (the “Project Improvements” and, together with the Project Site, the “Project”) to be used for package distribution and storage purposes; and

WHEREAS, the Act requires the City to prepare a plan in connection with any industrial development project undertaken pursuant to the Act; and

WHEREAS, a Plan for an Industrial Development Project and Cost/Benefit Analysis (the “Plan”) in connection with the Project has been prepared in the form of Exhibit A attached hereto; and

WHEREAS, notice of the City’s consideration of the Plan has been given in the manner required by the Act, and the Board of Aldermen has fairly and duly considered all comments submitted to the Board of Aldermen regarding the proposed Plan; and

WHEREAS, the Board of Aldermen hereby finds and determines that it is desirable for the improvement of the economic welfare and development of the City and within the public purposes of the Act that the City approve the Plan pursuant to the Act.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS:

Section 1. Approval of the Plan. The Board of Aldermen hereby approves the Plan attached as Exhibit A hereto.

Section 2. Effective Date. This Resolution shall be in full force and effect from and after the date of its passage.

-2-

Read and adopted this 28th day of September, 2017.



EXHIBIT A

CITY OF ST. PETERS, MISSOURI

PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECTAND

COST/BENEFIT ANALYSIS

FOR

FEDEX GROUND PACKAGE SYSTEM, INC.

Exhibit A

____________________________

CITY OF ST. PETERS, MISSOURI

PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECTAND

COST/BENEFIT ANALYSIS

FOR

FEDEX GROUND PACKAGE SYSTEM, INC.

_____________________________ DRAFT

TABLE OF CONTENTS

Page

I. PURPOSE OF THIS PLAN ......................................................................................................... 1

II. DESCRIPTION OF CHAPTER 100 FINANCINGS ................................................................ 1General ........................................................................................................................................... 1 Issuance and Sale of Bonds .......................................................................................................... 1 Property Tax Abatement .............................................................................................................. 2 Sales Tax Exemption..................................................................................................................... 2

III. DESCRIPTION OF THE PARTIES........................................................................................... 2FedEx Ground Package System, Inc. .......................................................................................... 2 Scannell Properties #300, LLC .................................................................................................... 2 City of St. Peters, Missouri ........................................................................................................... 2

IV. REQUIREMENTS OF THE ACT .............................................................................................. 2Description of the Project. ............................................................................................................ 2 Estimate of the Costs of the Project. ........................................................................................... 2 Source of Funds to be Expended for the Project. ....................................................................... 3 Statement of the Terms Upon Which the Project is to be Leased or Otherwise Disposed of by the City. ..................................................................................................................................... 3 Affected School District, Community College District, County and City. ............................... 3 Current Assessed Valuation. ........................................................................................................ 3 Payments in Lieu of Taxes. .......................................................................................................... 3 Sales Tax Exemption..................................................................................................................... 3 Cost/Benefit Analysis and Discussion of Exhibits. ..................................................................... 3

V. ASSUMPTIONS AND BASIS OF PLAN ................................................................................... 5

ATTACHMENT A - SUMMARY OF KEY ASSUMPTIONS

EXHIBIT 1 - SUMMARY OF TAX IMPACT ANALYSIS EXHIBIT 2 - PROJECTED TAX REVENUES WITHOUT ABATEMENT EXHIBIT 3 - PROJECTED PAYMENTS IN LIEU OF TAXES

* * *

DRAFT

CITY OF ST. PETERS, MISSOURI _________________________________

PLAN FOR AN INDUSTRIAL DEVELOPMENT PROJECT AND

COST/BENEFIT ANALYSIS FEDEX GROUND PACKAGE SYSTEM, INC.

GILMORE & BELL, P.C.

I. PURPOSE OF THIS PLAN

The City of St. Peters, Missouri (the “City”) intends to issue taxable industrial revenue bonds in a principal amount not to exceed $50,000,000 (the “Bonds”), to finance the costs of a proposed industrial development project (the “Project”) to be developed and constructed by Scannell Properties #300, LLC (“Scannell”) for the benefit of FedEx Ground Package System, Inc. (the “Company”). The Bonds will be issued pursuant to the provisions of Sections 100.010 to 100.200 of the Revised Statutes of Missouri and Article VI, Section 27(b) of the Missouri Constitution (collectively, the “Act”).

Gilmore & Bell, P.C. has prepared this Plan for an Industrial Development Project and Cost/Benefit Analysis (the “Plan”) to satisfy requirements of the Act and to analyze the potential costs and benefits, including the related tax impact on all affected taxing jurisdictions, of using industrial development revenue bonds to finance the Project and to facilitate abatement of ad valorem taxes on the bond-financed property.

II. DESCRIPTION OF CHAPTER 100 FINANCINGS

General. The Act authorizes cities, counties, towns and villages to issue industrial developmentrevenue bonds to finance the purchase, construction, extension and improvement of warehouses, distribution facilities, research and development facilities, office industries, agricultural processing industries, service facilities that provide interstate commerce, industrial plants and other commercial facilities.

Issuance and Sale of Bonds. Revenue bonds issued pursuant to the Act do not require voter approval and are payable solely from revenues received from the project. The municipality issues its bonds and in exchange, the benefited company promises to make payments that are sufficient to pay the principal of and interest on the bonds as they become due. Thus, the municipality merely acts as a conduit for the financing.

Concurrently with the closing of the bonds, the company will convey to the municipality title to the site on which the industrial development project will be located. (The municipality must be the legal owner of the property while the bonds are outstanding for the property to be eligible for tax abatement, as further described below.) At the same time, the municipality will lease the project site and improvements thereon back to the benefited company pursuant to a lease agreement. The lease agreement will require the company, acting on behalf of the municipality, to use the bond proceeds to purchase and construct the project.

Under the lease agreement, the company typically: (1) unconditionally agrees to make payments sufficient to pay the principal of and interest on the bonds as they become due; (2) agrees, at its own expense, to maintain the project, to pay all taxes and assessments with respect to the project, and to maintain adequate insurance; (3) may, at its own expense, make certain additions, modifications or improvements to the project; (4) may assign its interests under the lease agreement or sublease the project while remaining responsible for payments under the lease agreement; (5) covenants to maintain its corporate existence during the term of the bond issue; and (6) agrees to indemnify the municipality for any liability the municipality might incur as a result of its participation in the transaction.

DRAFT

-2- GILMORE & BELL, P.C.

Property Tax Abatement. Under Article X, Section 6 of the Missouri Constitution and Section 137.100 of the Revised Statutes of Missouri, all property of any political subdivision is exempt from taxation. In a typical transaction, the municipality holds fee title to the project and leases the project to the benefited company. Although the Missouri Supreme Court has held that the leasehold interest is taxable, it is taxable only to the extent that the economic value of the lease is less than the actual market value of the lease. See Iron County v. State Tax Commission, 437 S.W.2d 665 (Mo. 1968)(en banc) and St. Louis County v. State Tax Commission, 406 S.W.2d 644 (Mo. 1966)(en banc). If the rental payments under the lease agreement equal the actual debt service payments on the bonds, the leasehold interest should have no “bonus value” and the bond-financed property should be exempt from ad valorem taxation so long as the bonds are outstanding.

If the municipality and the company determine that partial tax abatement is desirable, the company may agree to make payments in lieu of taxes (sometimes referred to as “PILOTS”). The amount of payments in lieu of taxes is negotiable. The payments in lieu of taxes are payable by December 31 of each year, and are distributed to the municipality and to each political subdivision within the boundaries of the project in the same manner and in the same proportion as property taxes would otherwise be distributed under Missouri law.

Sales Tax Exemption. In addition to property tax abatement, qualified building materials can be exempt from sales tax if approved by the municipality. The sales tax exemption is evidenced by a project exemption certificate issued by the municipality.

III. DESCRIPTION OF THE PARTIES

FedEx Ground Package System, Inc. The Company is a Delaware corporation and subsidiary ofFederal Express Corporation that provides business and residential package shipping.

Scannell Properties #300, LLC. The acquisition of the Project Site and the construction of the Project Improvements (defined herein) will be undertaken by Scannell, an Indiana limited liability company and an affiliate of Scannell Development Company, an Indiana corporation doing business as Scannell Properties. Scannell Properties is a privately-owned commercial real estate development company.

City of St. Peters, Missouri. The City is a fourth-class city and a political subdivision of the State of Missouri. The City is authorized and empowered pursuant to the provisions of the Act to purchase, construct, extend and improve certain projects (as defined in the Act) and to issue industrial development revenue bonds for the purpose of providing funds to pay the costs of such projects and to lease or otherwise dispose of such projects to private persons or corporations for manufacturing, commercial, warehousing and industrial development purposes upon such terms and conditions as the City deems advisable.

IV. REQUIREMENTS OF THE ACT

A. Description of the Project. Scannell intends to develop a 496,209 square foot facility (the “Project Improvements”) on approximately 113 acres to be owned by Scannell in the 370 Business Park located in the City (the “Project Site”). The Project Improvements, which are expected to be substantially complete by December 15, 2018, will be used for package distribution and storage purposes. Scannell will lease the Project Site and the Project Improvements (collectively, the “Project”) to the Company.

B. Estimate of the Costs of the Project. The acquisition of the Project Site and the completion of the Project Improvements are expected to cost approximately $49,000,000.

DRAFT


C. Source of Funds to be Expended for the Project. The source of funds to be expended for the Project will be the proceeds of the Bonds in the maximum principal amount of $50,000,000 and other available funds of the Company and Scannell. The Bonds are being issued in a principal amount greater than the estimated cost of the Project to provide for contingencies. The Bonds will be payable solely from the revenues derived by the City from the lease or other disposition of the Project (as further described below). The Bonds will not be an indebtedness or general obligation, debt or liability of the City or the State of Missouri.

D. Statement of the Terms Upon Which the Project is to be Leased or Otherwise Disposed of by the City. The City will lease the Project to Scannell. Scannell will sublease the Project to the Company and pass through the benefit of the abatement to the Company. The lease payments to the City will equal the principal and interest on the Bonds. Scannell will have the option to purchase the Project at the termination of the lease for a nominal price. The lease between the City and Scannell will terminate on December 31 of the tenth calendar year following completion of the Project (expected to be December 31, 2028), unless terminated sooner pursuant to the terms thereof.

E. Affected School District, Community College District, County and City. The Fort Zumwalt School District is the school district affected by the Project. The St. Charles Community College is the community college affected by the Project. St. Charles County, Missouri is the county affected by the Project. The City of St. Peters is the city affected by the Project. The Cost/Benefit Analysis attached hereto identifies all other taxing districts affected by the Project (other than those taxing entities solely affected by the Project with respect to receipt of tax revenues from the commercial surcharge tax).

F. Current Assessed Valuation. The Lakeside 370 Levee District currently owns approximately 78 acres of the Project Site. The most recent equalized assessed valuation of the real property included in the Project owned by the Levee District is $0. The most recent equalized assessed valuation of the approximately 35 acres included in the Project that is not owned by the Levee District is $3,624. The estimated appraised value of the Project after development is $40,670,000. The total estimated equalized assessed valuation after development of the Project is $13,014,400, which is equal to 32% of the estimated appraised value of the Project.

G. Payments in Lieu of Taxes. If this Plan is approved by the Board of Aldermen, the City intends to issue the Bonds, to take possession of the Project and to extend tax abatement to Scannell and the Company. The Cost/Benefit Analysis attached hereto assumes that at least 125 full-time equivalent jobs, having an average base wage of at least $16 per hour, will be established at the Project Site by the beginning of 2019 and maintained through the term of the lease with the City, and that all of those employees will be offered health insurance where the Company pays at least 50% of the health insurance premiums (“Quality Jobs”). Scannell and the Company will receive 1% abatement for every 2 full-time equivalent Quality Jobs located at the Project Site, but in no event will the abatement exceed 50%.

All payments in lieu of taxes will be disbursed to the respective taxing districts in the same proportion as the then-current ad valorem tax levy of each taxing district.

H. Sales Tax Exemption. Qualified building materials purchased for the construction of the Project Improvements are expected to be exempt from sales tax pursuant to the provisions of Section 144.062 of the Revised Statutes of Missouri and the underlying Bond documents upon delivery of a project exemption certificate by the City to Scannell.

I. Cost/Benefit Analysis and Discussion of Exhibits. In compliance with Section 100.050.2(3) of the Revised Statutes of Missouri, this Plan has been prepared to show the costs and benefits to the City and to other taxing jurisdictions affected by the tax abatements and exemptions of the Project.

DRAFT


The following is a summary of the exhibits attached to this Plan that show the direct tax impact the Project is expected to have on each taxing jurisdiction and key ancillary benefits expected to be derived from the Project. This Plan does not attempt to quantify the overall economic impact of the Project.

Summary of Cost/Benefit Analysis. Exhibit 1 provides a summary for each affected taxing district of (1) the total estimated tax revenues that would be generated if the Project did not receive tax abatement, (2) the total estimated value of the payments in lieu of taxes to be made by Scannell and the Company for the proposed abatement period and (3) the total estimated value of the abatement to Scannell and the Company. Please note that the actual value of the Project may differ from the estimated value assumed in this Plan and may impact the value of the payments in lieu of taxes to be made by Scannell and the Company.

Real Property Tax Revenues. Exhibit 2 provides the projected tax revenues that would be generated from the Project Site and Project Improvements without tax abatement. Exhibit 3 provides the projected value of the payments in lieu of taxes to be made by Scannell and the Company based on (1) an estimated assessed value of the Project Site and Project Improvements after completion and (2) an estimated number of Quality Jobs during each year of the lease to qualify the Company for 50% abatement. The County’s commercial surcharge tax was applied to the Project Site and Project Improvements at a rate of $0.53 per $100.00 of assessed valuation.

Refer to Attachment A for the assumptions related to the determination of the assessed values and the tax formulas.

Sales Tax Exemption. The City will grant a sales tax exemption on the qualified building materials necessary to construct the Project Improvements. For purposes of determining the impact of the sales tax exemption on the qualified building materials on the affected taxing jurisdictions granted by the City, this Plan assumes that the following sales tax levies will remain constant throughout the construction period:

State of Missouri 4.225% City of St. Peters – General 1.000 City of St. Peters – Transportation 0.500 City of St. Peters – Parks & Stormwater 0.500 St. Charles County – General 0.500 St. Charles County – Transportation 0.500 St. Charles County – Operating 0.250 St. Charles County – Capital Improvements 0.250 Children and Family Services 0.125 Metro Parks 0.100

Scannell estimates that 40% of the costs of the Project Improvements will consist of qualified construction materials, and that all (or a significant portion) of those construction materials will be purchased in the State of Missouri. Thus, if $19,600,000 of construction materials are purchased in the State of Missouri, the value of that exemption to the State will be $828,100. Scannell does not know at this time what portion of the construction materials will be purchased within the City or St. Charles County. The net fiscal impact of the value of the sales tax exemption on each affected taxing jurisdiction will depend on the amount of construction materials purchased within each taxing jurisdiction.

DRAFT


Personal Property Taxes. The Company believes it will spend approximately $51,000,000 on equipment and other personal property at the Project Site. There will be no abatement of personal property taxes. Therefore, any taxing district that imposes taxes on personal property will benefit from taxes on that new personal property.

Other Project Benefits. The Company estimates that 53 full-time jobs and 237 part-time jobs will be established at the Project Site. The City can also anticipate growth in construction jobs during the completion of the Project. These jobs will only last during the Project’s construction phase and will cease to exist upon completion. All additional workers will be contributing to the local economy. The Project will also provide collateral benefits for local suppliers during the construction period. The City may also see an increase in businesses that support the Project’s employees and operations. These ancillary impacts were not measured for purposes of this Plan.

V. ASSUMPTIONS AND BASIS OF PLAN

In preparing this Plan, we have made some key assumptions to estimate the fiscal impact of the abatement and exemptions proposed for the Project. See Attachment A for a summary of these assumptions.

In addition to the foregoing, in order to complete this Plan, we have generally reviewed and relied upon information furnished to us by, and have participated in conferences with, representatives of the City, representatives of the Company and its counsel, Scannell and its counsel, and other persons as we have deemed appropriate. We do not assume any responsibility for the accuracy, completeness or fairness of any of the information provided to us; we have not independently verified the accuracy, completeness or fairness of such information.

* * *

DRAFT

__________ The Cost/Benefit Analysis has been prepared on the basis of factual information and assumptions provided to Gilmore & Bell, P.C. by, or on behalf of, the City, Scannell and the Company. This information is provided in conjunction with our legal representation of the City, as its bond counsel, for this transaction. It is not intended as financial advice or a financial recommendation to the City, Scannell or the Company or any other taxing jurisdiction that may be affected by the Project. Gilmore & Bell, P.C. is not a financial advisor or a “municipal advisor” as defined in the Securities Exchange Act of 1934, as amended.

ATTACHMENT A

SUMMARY OF KEY ASSUMPTIONS 1. The cost of acquiring the Project Site and constructing the Project Improvements is estimated at $49,000,000. The estimated value of the Project after construction is $40,670,000. 2. The acquisition and construction of the Project will be complete by December 15, 2018. 3. The Project will be owned by the City and leased to Scannell with an option to purchase. Scannell will sublease the Project to the Company. As long as the Project is owned by the City, it will be exempt from ad valorem taxes. 4. The Project will be excluded from the calculation of ad valorem property taxes from 2019 through 2028. 5. The City will provide tax abatement on the Project Site and Project Improvements in each year during the term of the abatement (expected to be 2019-2028) based solely on the number of Quality Jobs located at the Project Site during that calendar year. Scannell and the Company will make payments in lieu of taxes on the Project Site and Project Improvements as described in the Plan.

6. Commercial real property taxes are calculated using the following formula:

(Assessed Value * Tax Rate)/100 7. Currently, a portion of the Project Site is owned by the Lakeside 370 Levee District and therefore has an assessed valuation of $0. The portion of the Project Site not owned by the Levee District has an assessed valuation of $3,624. The Project Site is expected to be zoned as commercial property once it is acquired by Scannell. Therefore, the assessed value of the Project Site and the Project Improvements is calculated using the following formula:

Estimated Value * Assessment Ratio of 32%

8. After development, the assessed value of the Project Site and Project Improvements is subject to growth at an estimated rate of 2% every year an assessment is made (every odd year). 9. The tax rates used in this Plan reflect the rates in effect for the tax year 2016. The tax rates were held constant through the 2028 tax year.

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DRAFT

EXHIBIT 1

SUMMARY OF TAX IMPACT ANALYSIS

Tax Distribution Tax Rate

Tax Revenue for Real Property

Without Abatement

Revenue Generated

from PILOT Payments

Value of Abatement

Central County Fire & Rescue 0.8752 1,197,356.48$ 598,678.24$ 598,678.24$ Fort Zumwalt School District 5.2465 7,177,708.83 3,588,854.41 3,588,854.41 St. Charles Community College 0.2240 306,453.21 153,226.61 153,226.61 State of Missouri 0.0300 41,042.84 20,521.42 20,521.42 St. Charles County Highway Dept. (Road & Bridge) 0.1962 268,420.18 134,210.09 134,210.09 St. Charles City-County Library District 0.2200 300,980.83 150,490.42 150,490.42 St. Charles County Ambulance District 0.2619 358,304.00 179,152.00 179,152.00 Development Disabilities Resource Board 0.1410 192,901.35 96,450.68 96,450.68 St. Charles County Dispatch and Alarm 0.0441 60,332.98 30,166.49 30,166.49 City of St. Peters 0.7700 1,053,432.92 526,716.46 526,716.46 Surtax 0.5300 725,090.19 362,545.09 362,545.09

8.5389 11,682,023.81$ 5,841,011.91$ 5,841,011.91$

DRAFT

EXHIBIT 2

PROJECTED TAX REVENUES WITHOUT ABATEMENT

Estimated Assessed Value of Real Property 13,014,400.00$ 13,274,688.00$ 13,274,688.00$ 13,540,181.76$ 13,540,181.76$ 13,810,985.40$ 13,810,985.40$ 14,087,205.10$ 14,087,205.10$ 14,368,949.21$

Taxing JurisdictionTax Rate per $100 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total

Central County Fire & Rescue 0.8752 113,902.03$ 116,180.07$ 116,180.07$ 118,503.67$ 118,503.67$ 120,873.74$ 120,873.74$ 123,291.22$ 123,291.22$ 125,757.04$ 1,197,356.48$ Fort Zumwalt School District 5.2465 682,800.50 696,456.51 696,456.51 710,385.64 710,385.64 724,593.35 724,593.35 739,085.22 739,085.22 753,866.92 7,177,708.83 St. Charles Community College 0.2240 29,152.26 29,735.30 29,735.30 30,330.01 30,330.01 30,936.61 30,936.61 31,555.34 31,555.34 32,186.45 306,453.21 State of Missouri 0.0300 3,904.32 3,982.41 3,982.41 4,062.05 4,062.05 4,143.30 4,143.30 4,226.16 4,226.16 4,310.68 41,042.84 St. Charles County Highway Dept. (Road & Bridge) 0.1962 25,534.25 26,044.94 26,044.94 26,565.84 26,565.84 27,097.15 27,097.15 27,639.10 27,639.10 28,191.88 268,420.18 St. Charles City-County Library District 0.2200 28,631.68 29,204.31 29,204.31 29,788.40 29,788.40 30,384.17 30,384.17 30,991.85 30,991.85 31,611.69 300,980.83 St. Charles County Ambulance District 0.2619 34,084.71 34,766.41 34,766.41 35,461.74 35,461.74 36,170.97 36,170.97 36,894.39 36,894.39 37,632.28 358,304.00 Development Disabilities Resource Board 0.1410 18,350.30 18,717.31 18,717.31 19,091.66 19,091.66 19,473.49 19,473.49 19,862.96 19,862.96 20,260.22 192,901.35 St. Charles County Dispatch and Alarm 0.0441 5,739.35 5,854.14 5,854.14 5,971.22 5,971.22 6,090.64 6,090.64 6,212.46 6,212.46 6,336.71 60,332.98 City of St. Peters 0.7700 100,210.88 102,215.10 102,215.10 104,259.40 104,259.40 106,344.59 106,344.59 108,471.48 108,471.48 110,640.91 1,053,432.92 Surtax 0.5300 68,976.32 70,355.85 70,355.85 71,762.96 71,762.96 73,198.22 73,198.22 74,662.19 74,662.19 76,155.43 725,090.19

8.5389 1,111,286.60$ 1,133,512.33$ 1,133,512.33$ 1,156,182.58$ 1,156,182.58$ 1,179,306.23$ 1,179,306.23$ 1,202,892.36$ 1,202,892.36$ 1,226,950.20$ 11,682,023.81$

DRAFT

EXHIBIT 3

PROJECTED PAYMENTS IN LIEU OF TAXES

13,014,400.00$ 13,274,688.00$ 13,274,688.00$ 13,540,181.76$ 13,540,181.76$ 13,810,985.40$ 13,810,985.40$ 14,087,205.10$ 14,087,205.10$ 14,368,949.21$ PILOT Payment 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00%

Taxing JurisdictionTax Rate per $100 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total

Central County Fire & Rescue 0.8752 56,951.01$ 58,090.03$ 58,090.03$ 59,251.84$ 59,251.84$ 60,436.87$ 60,436.87$ 61,645.61$ 61,645.61$ 62,878.52$ 598,678.24$ Fort Zumwalt School District 5.2465 341,400.25 348,228.25 348,228.25 355,192.82 355,192.82 362,296.67 362,296.67 369,542.61 369,542.61 376,933.46 3,588,854.41 St. Charles Community College 0.2240 14,576.13 14,867.65 14,867.65 15,165.00 15,165.00 15,468.30 15,468.30 15,777.67 15,777.67 16,093.22 153,226.61 State of Missouri 0.0300 1,952.16 1,991.20 1,991.20 2,031.03 2,031.03 2,071.65 2,071.65 2,113.08 2,113.08 2,155.34 20,521.42 St. Charles County Highway Dept. (Road & Bridge) 0.1962 12,767.13 13,022.47 13,022.47 13,282.92 13,282.92 13,548.58 13,548.58 13,819.55 13,819.55 14,095.94 134,210.09 St. Charles City-County Library District 0.2200 14,315.84 14,602.16 14,602.16 14,894.20 14,894.20 15,192.08 15,192.08 15,495.93 15,495.93 15,805.84 150,490.42 St. Charles County Ambulance District 0.2619 17,042.36 17,383.20 17,383.20 17,730.87 17,730.87 18,085.49 18,085.49 18,447.20 18,447.20 18,816.14 179,152.00 Development Disabilities Resource Board 0.1410 9,175.15 9,358.66 9,358.66 9,545.83 9,545.83 9,736.74 9,736.74 9,931.48 9,931.48 10,130.11 96,450.68 St. Charles County Dispatch and Alarm 0.0441 2,869.68 2,927.07 2,927.07 2,985.61 2,985.61 3,045.32 3,045.32 3,106.23 3,106.23 3,168.35 30,166.49 City of St. Peters 0.7700 50,105.44 51,107.55 51,107.55 52,129.70 52,129.70 53,172.29 53,172.29 54,235.74 54,235.74 55,320.45 526,716.46 Surtax 0.5300 34,488.16 35,177.92 35,177.92 35,881.48 35,881.48 36,599.11 36,599.11 37,331.09 37,331.09 38,077.72 362,545.09

8.5389 555,643.30$ 566,756.17$ 566,756.17$ 578,091.29$ 578,091.29$ 589,653.12$ 589,653.12$ 601,446.18$ 601,446.18$ 613,475.10$ 5,841,011.91$

Estimated Assessed Value of Real Property

DRAFT

Documents

CITY OF ST. PETERS BOARD OF ALDERMEN BOA Packet.pdfcity of st. peters board of aldermen tentative agenda for regular meeting st. peters justice center, 1020 grand teton drive, st