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99-1096�.0 �� Presented By: Referred To: By: � / ;, NIINNESOTA �—� Council File # Green Sheet # Couunittee:Date: 9q - lo�t� 100331 BE Tf RESOLVED, that the Saint Paul Police Department is authorized to enter into a five year lease agreement renewal with the Pointe of St. Paul, for the radio commun�cation site to serve the Saint Paul Police and Fire departments. ivea �y mayor: Uate: N 011 � 7�`r"l Requested by D artmknt of: Polic By: � For ppro d by Ci Atto i BY� //1 � Approv y' ��or m Sub i� �n to Council: B: pointeleaserenewa I-100337 Adoption Cf�rtihed by Councll Secretary: _ , '"'^" "�'i'"'�P 651-292-3 William K. Finney, Chief TOTAL # OF SIGNATURE PAGES ►� �✓ GREEN SHEET R.4—►c�'�G No � v��? i mun�rt ow�art ancwct Q arcwnwar �`�7= � emraisnc _ ❑wuxcwta6�nrsaow. ❑wuwytasawKCro � W ��C� � (Cl7P ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution to renew a five year lease agreement with the Pointe of St. Paul (radio communications equip— ment site). See lease agreement on Green��a.e.�t No. 100330. PLANNING COMMISSION CIB CAMMfITEE CIVIL SERVICE COMMISSION Existi_ng five year lease expired. Fias mis D�swJfrm e�er v,orked untler a canhact for Nis depaMiem? YES NO Fias tlYS pmaMmm evef bean a Cily empbyee7 YES NO Doe¢ ttxc P�� P� a sidll not nwmnlHO� M�Y wrteM dtY emPbYee? YES NQ � Is Mis pereatlfiim a tarpetetl KridaR YES I� �in�lvesanswersOnaeoa�atesl�eelard.atl�htooreen.slrabt, :..�. 'aJ L u �� '�� yt � �;;4i �' r 4a;s� ��p. ��'r:e1'�.��`a� This primary radio communications si.te will continue to serve the St. paul police and Fire departments. None. Loss of the primary and vital radio communications site for the St. Paul Police and Fire deanartments. (qRCLE ON� YEE NO INFORMATION (IXPWN) ACiNI7V NUF�ER ��u�s��! F3�s��r�,?? ��f�r � t ' . �±;� STANDSiRD LEASE TH LEASE made in TriplicaCe this �_ day o£ S�jp� a.q_ l0 4,� 19�. BETWEEN: hexeina£te= qalled the "LANDLORD", THE PARTY OF THE FIRST PART, THE POINTE OF ST. PAliL -and- hereinaiter called the "TENANT" THE PARTY OF THE SECOND PART. THE CTTY OF ST. PAOL l. WHEREAS, the LANDLORD is the owner of THE POINTE OF ST. PAUL 2. AND WHEREAS, the TENANT has requested the LANDLORD to grant permission to esect, opezate, and maintain transmitting and receiving antennas and equipment as required by the TENANT on the leased premises being more particularly described on Schedule "B", included in previous lease ag=eement. 3. AND WHEREAS, the LANDLORD has resolved to grant such pesmission to the TENANT subject to the texms, covenants and conditions of this Lease. 4. WITNESSETH that in conside=ation o£ the premises and to mutual covenants and agreements contained herein, the Parties hereto hereby agree with each other as £ollows: 5. The LANDLORD grants permission to the TENANT and the TENANT shall have the right, (a) to erect, operate, maintain and place as required, at its own expense, a tower or towexs {antenna mounts}, and transmitting and receiving antennas and to enclose and secure 600 square feet at the penthouse level to house the equipment associated with the transmitting and zeceiving antennas. Said area £or housing equipment must be approved by the LANDLORD. (b) to install such equipment, exterior grounding, electxical and communications lines as may be necessary for the operation of the said transmitting and receiving antennas, all o£ which equipment, towes antennas, electxical, and communication lines and any appurtenant fittings are hereina£ter called "the equipment" and; {c) to cause to be made all necessa=y leasehold improvements at its own expense, such improvements to include but without limiting the Eollowing: heating, air conditioning, walls, ventilation and electrical wiring; (d) to enter upon the psemises at all xeasonable times for the purpose of the installation, operation and maintenance of the said equipment. (e) The LANDLORD grants easements £or access and for all necessary electrical and communication lines for the operation o£ the TENANT'S t=ansmitting and receiving antennas. 6. The term oE the Lease shall be FIVE �5) years commencing £rom and including the 18''" day of SEPTEMBER , 1999, and £rom thenceforth next and ensuing and fully to be complete and ended on the 1"7'" day of SEPTEMBER , 2009 , and subject to renewal as �CI,.�� hereinafter provided. � 7. In the event o£ any option(s) to renew being exercised, the word "texm" whexever used in this Lease shall mean the initial term and any extension thereof. 8. The TENANT shall pay to the LANDLORD annual rents as follows: 512.600 Dollars the fixst year, in advance; 512,750 Dollars the second year, in advance; 513,500 Dollars the third year, in advance; 519,250 Dollars the fourth year, in advance and 515,000 DollaLS the £ifth yeas, in advance; 9. It is understood and agreed that the TENANT shall be responsible for the payment of its own electrical consumption and in this connection the TENANT shall install a meter on the premises to record its power consumption. 10. The TENANT covenants and agrees furthe= with the LANDLORD as follows: (a) that the a£ozesaid premises and the equipment shall be used by the TENANT £or tlie pu=pose o£ telecommunications broadcasting and any other purpose incidental thereto; (b) that the TENANT shall not as5ign this Lease or sublet the leased premises without the written consent of the LANDLORD being first had and obtained, which consent shall not be unreasonably withheld; (c) that in construction and maintenance of its equipment the TENANT shall cause no material inconvenience to the LANDLORD; (d) that all construction and maintenance o£ its equipment will be carried out by the TENANT at its own expense and upon termination o£ this agreement the TENANT shall remuve its equipment at its own expense and return the site to its condition be£ore the commencement of this Lease, reasonable wear and tear, destruction ox damage as pxovided for in paragraph 16 hereof, and any chanqes or alterations made by other than TENANT, or the TENANT'S agents only excepted; (e) that save £or the negligence o£ the LANDLORD, its employees and those persons authorized by the LANDLORD to be on the pxemises, the TENANT shall indemni£y and save haxmless the LANDLORD againsC all actions, suits, claims, damages, costs and liabilities arisinq out of or as a result o£, ii) any breach, violation, or non- pei£oxmance of the terms, co�*enants and obligations on the pazt of the TENANT set out in this agreement, _2_ Q (ii) any damage to pzopesty occasioned by the negligent use o£ the premises by the TENANT of the structural Eailure of any or all o£ the TENANT's equipment, (iii) any injury to or death o£ any person resultinq £rom the negligent use of the premises by the TENANT. 11. Notwithstanding any other provisions o£ this Lease: (a) The TENANT may assign its rights and obligations unde= this Lease including the subletting or licensing of all or parC o£ the leased premises without prior written notice to the LANDLORD or without the consent of the LANDLORD to; (i) a person or company that controls, is controlled by, or under common control with the TENANT, (ii) a purchaser of all or substantially all o£ the TENANT's assets, (b) a change of control o£ the TENANT sha11 not in any way be considered a transfer or assignment o£ this Lease or in any way a£fect the TENANT's xights or obligations. 12. Provided that the TENANT shall be responsible £or the payment of any increase in business and/or real estate taxes, due to improvements and operation o£ the TENANT on the demised premises. 13. (a) In the event that the premises are destroyed or damaged in such a manner that it would not be possible for the TEtvANT to continue to maintain its equipment therein, the LANDLORD shall be under no obligation to rebuild or repair and Che term hereby granted shall cease and be at an end £os all intents and purposes £rom the date of such damage or destxuction, and the TENANT sha11 immediately surrender same and yield up possession of the demised premises to the LANDLORD, and the prepaid rent from the time o£ suzxender shall be apportioned and the LANDLORD shall not be responsible for any damage or loss which may be incursed by the TENANT by reason of such termination, (b) Sn the event that the TENANT's equipment, thsough no £ault o£ the TENANT shall be destroyed or damaqed in such a manner that its performance is impaired, the TENANT may repair or rebuild, or at its option surrender the Lease and yield up possession of the demised premises to the LANDLORD and the Lease shall then be at an end from the date o£ such damage or destruction, and the prepaid rent £rom the time o£ suxrender shall be apportioned. 19. The TENANT hereby covenants cvith the LANDLORD that it is se1£- insured under the laws oE the State of Minnesota £or the purposzs o£ tort claims against the TENANT (City o£ St. Paul, Minnesota). 15. I£ any building, structure, trees or other works of any natuxe or kind whatsoever screens, shields or inter£eres in any manner with the signals transmitted or received by the equipment or, should the operation o£ the equipment be diEficult or impossible by -3- a.�' ��►� r�ason of government regulation, the TENANT may terminate this a agreement by giving thirty (30) days written notice to the �.� �� y LANDLORD. In the event of such termination th�= LANDLORD shall re£und pro-rate any prepayment of rent accruing due a£tex the dzte o£ such termination. 16. The TENANT shall have quiet enjoyment of the pLemises. �a) In tne case oi a dispute between the LANDLORD and the TENANT during the te=m hereoi, and any renewal, as to any matter arising hereunder, eithez party hereto sha11 be entitled to give to the othex party notice o£ such a dispute and failing to arrive at a mutually satisfactory agreement within a period of thirty (30) days, demand each party shall at once appoint an arbitrator and such appointees shall jointly appoint a third. The decision o£ any two o£ the three arbitxatoss so appointed shall be £inal and binding upon the parties hereto who covenant one with the other that their disputes shall be so decided by arbitration alone and not by recourse to any court by action at law. (b) If within a reasonable time the two arbitrators appointed by the parties hereto do not agxee upon a third, or if the party who has been notified of a dispute fails to appoint an arbitrator to represent the party in default may, upon petition o£ the party not in default, be appointed by a judge of the Court of the appropriate jurisdiction. The cost o£ arbitration shall be apportioned between the parties hexeto as the a=bitzato=s may decide. (C� TENANT may texminate this lease by giving not less than thirty (30) days written notice to the LANDLORD, by registered letter addressed to LANDLORD as stated in,pas'aqraph 18 0£ this agreement. Any monies paid in advance for rent shall be re£undable pro-rate to the TENANT and sha11 be due from the lANDLORD on the date o£ termination. 17. It is undesstood and agreed that during the te=m o£ this Lease and any extension thereof, that the LANDLORD will not lease, license or permit those other than the TENANT to use any part of the property otiginally described Schedule "B", Eox'the puxposes of the installation, operation maintenance o£ telecommunications antennas, other than those already disclosed, without the written consent of the TENANT. LANDLORD leases apace at the Pointe o£ St. Paul to the Metropolitan Radio Board (MN DOT)a�d to TENANT. 18. Any notice hezeundes shall be given by registexed lettez addressed to the LANDLORD as follows: THE POINTE OF ST. PACiL 78 EAST TENTH STREET ST. PAOL. MINNESOTA 55101 19. Provided £urther and it is hereby agreed that should the TENANT hold over after the expiration o£ this Lease and the LANDLORD therea£ter accepts rent £or the said premises, the TENANT shall hold the said premises only as a monthly TENANT of the LANDLORD and subject in all other respects to the terms and conditions o£ this Lease. 20. This agreement shall be binding upon and enure to the beneiit o£ the parties hereto and their respective successors and assigns, -�- �` IN WITNESS WHEREOF the parties hereto have hereunto signed under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED pOINTE OF ST. PAUL in the presence o£: Authorized Signing Of£icer/Agent U Witn s 11 U Witness Appxoved as to Form: Assistant City AtCOrney Authorized Signing Officer/Agent CITY OF ST. PAUL, MINNESOTA Chie£ Director, Dep�rtment of Finance and Management Services q�`�.' ( ��t � �'fl �.0 �� Presented By: Referred To: By: � / ;, NIINNESOTA �—� Council File # Green Sheet # Couunittee:Date: 9q - lo�t� 100331 BE Tf RESOLVED, that the Saint Paul Police Department is authorized to enter into a five year lease agreement renewal with the Pointe of St. Paul, for the radio commun�cation site to serve the Saint Paul Police and Fire departments. ivea �y mayor: Uate: N 011 � 7�`r"l Requested by D artmknt of: Polic By: � For ppro d by Ci Atto i BY� //1 � Approv y' ��or m Sub i� �n to Council: B: pointeleaserenewa I-100337 Adoption Cf�rtihed by Councll Secretary: _ , '"'^" "�'i'"'�P 651-292-3 William K. Finney, Chief TOTAL # OF SIGNATURE PAGES ►� �✓ GREEN SHEET R.4—►c�'�G No � v��? i mun�rt ow�art ancwct Q arcwnwar �`�7= � emraisnc _ ❑wuxcwta6�nrsaow. ❑wuwytasawKCro � W ��C� � (Cl7P ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution to renew a five year lease agreement with the Pointe of St. Paul (radio communications equip— ment site). See lease agreement on Green��a.e.�t No. 100330. PLANNING COMMISSION CIB CAMMfITEE CIVIL SERVICE COMMISSION Existi_ng five year lease expired. Fias mis D�swJfrm e�er v,orked untler a canhact for Nis depaMiem? YES NO Fias tlYS pmaMmm evef bean a Cily empbyee7 YES NO Doe¢ ttxc P�� P� a sidll not nwmnlHO� M�Y wrteM dtY emPbYee? YES NQ � Is Mis pereatlfiim a tarpetetl KridaR YES I� �in�lvesanswersOnaeoa�atesl�eelard.atl�htooreen.slrabt, :..�. 'aJ L u �� '�� yt � �;;4i �' r 4a;s� ��p. ��'r:e1'�.��`a� This primary radio communications si.te will continue to serve the St. paul police and Fire departments. None. Loss of the primary and vital radio communications site for the St. Paul Police and Fire deanartments. (qRCLE ON� YEE NO INFORMATION (IXPWN) ACiNI7V NUF�ER ��u�s��! F3�s��r�,?? ��f�r � t ' . �±;� STANDSiRD LEASE TH LEASE made in TriplicaCe this �_ day o£ S�jp� a.q_ l0 4,� 19�. BETWEEN: hexeina£te= qalled the "LANDLORD", THE PARTY OF THE FIRST PART, THE POINTE OF ST. PAliL -and- hereinaiter called the "TENANT" THE PARTY OF THE SECOND PART. THE CTTY OF ST. PAOL l. WHEREAS, the LANDLORD is the owner of THE POINTE OF ST. PAUL 2. AND WHEREAS, the TENANT has requested the LANDLORD to grant permission to esect, opezate, and maintain transmitting and receiving antennas and equipment as required by the TENANT on the leased premises being more particularly described on Schedule "B", included in previous lease ag=eement. 3. AND WHEREAS, the LANDLORD has resolved to grant such pesmission to the TENANT subject to the texms, covenants and conditions of this Lease. 4. WITNESSETH that in conside=ation o£ the premises and to mutual covenants and agreements contained herein, the Parties hereto hereby agree with each other as £ollows: 5. The LANDLORD grants permission to the TENANT and the TENANT shall have the right, (a) to erect, operate, maintain and place as required, at its own expense, a tower or towexs {antenna mounts}, and transmitting and receiving antennas and to enclose and secure 600 square feet at the penthouse level to house the equipment associated with the transmitting and zeceiving antennas. Said area £or housing equipment must be approved by the LANDLORD. (b) to install such equipment, exterior grounding, electxical and communications lines as may be necessary for the operation of the said transmitting and receiving antennas, all o£ which equipment, towes antennas, electxical, and communication lines and any appurtenant fittings are hereina£ter called "the equipment" and; {c) to cause to be made all necessa=y leasehold improvements at its own expense, such improvements to include but without limiting the Eollowing: heating, air conditioning, walls, ventilation and electrical wiring; (d) to enter upon the psemises at all xeasonable times for the purpose of the installation, operation and maintenance of the said equipment. (e) The LANDLORD grants easements £or access and for all necessary electrical and communication lines for the operation o£ the TENANT'S t=ansmitting and receiving antennas. 6. The term oE the Lease shall be FIVE �5) years commencing £rom and including the 18''" day of SEPTEMBER , 1999, and £rom thenceforth next and ensuing and fully to be complete and ended on the 1"7'" day of SEPTEMBER , 2009 , and subject to renewal as �CI,.�� hereinafter provided. � 7. In the event o£ any option(s) to renew being exercised, the word "texm" whexever used in this Lease shall mean the initial term and any extension thereof. 8. The TENANT shall pay to the LANDLORD annual rents as follows: 512.600 Dollars the fixst year, in advance; 512,750 Dollars the second year, in advance; 513,500 Dollars the third year, in advance; 519,250 Dollars the fourth year, in advance and 515,000 DollaLS the £ifth yeas, in advance; 9. It is understood and agreed that the TENANT shall be responsible for the payment of its own electrical consumption and in this connection the TENANT shall install a meter on the premises to record its power consumption. 10. The TENANT covenants and agrees furthe= with the LANDLORD as follows: (a) that the a£ozesaid premises and the equipment shall be used by the TENANT £or tlie pu=pose o£ telecommunications broadcasting and any other purpose incidental thereto; (b) that the TENANT shall not as5ign this Lease or sublet the leased premises without the written consent of the LANDLORD being first had and obtained, which consent shall not be unreasonably withheld; (c) that in construction and maintenance of its equipment the TENANT shall cause no material inconvenience to the LANDLORD; (d) that all construction and maintenance o£ its equipment will be carried out by the TENANT at its own expense and upon termination o£ this agreement the TENANT shall remuve its equipment at its own expense and return the site to its condition be£ore the commencement of this Lease, reasonable wear and tear, destruction ox damage as pxovided for in paragraph 16 hereof, and any chanqes or alterations made by other than TENANT, or the TENANT'S agents only excepted; (e) that save £or the negligence o£ the LANDLORD, its employees and those persons authorized by the LANDLORD to be on the pxemises, the TENANT shall indemni£y and save haxmless the LANDLORD againsC all actions, suits, claims, damages, costs and liabilities arisinq out of or as a result o£, ii) any breach, violation, or non- pei£oxmance of the terms, co�*enants and obligations on the pazt of the TENANT set out in this agreement, _2_ Q (ii) any damage to pzopesty occasioned by the negligent use o£ the premises by the TENANT of the structural Eailure of any or all o£ the TENANT's equipment, (iii) any injury to or death o£ any person resultinq £rom the negligent use of the premises by the TENANT. 11. Notwithstanding any other provisions o£ this Lease: (a) The TENANT may assign its rights and obligations unde= this Lease including the subletting or licensing of all or parC o£ the leased premises without prior written notice to the LANDLORD or without the consent of the LANDLORD to; (i) a person or company that controls, is controlled by, or under common control with the TENANT, (ii) a purchaser of all or substantially all o£ the TENANT's assets, (b) a change of control o£ the TENANT sha11 not in any way be considered a transfer or assignment o£ this Lease or in any way a£fect the TENANT's xights or obligations. 12. Provided that the TENANT shall be responsible £or the payment of any increase in business and/or real estate taxes, due to improvements and operation o£ the TENANT on the demised premises. 13. (a) In the event that the premises are destroyed or damaged in such a manner that it would not be possible for the TEtvANT to continue to maintain its equipment therein, the LANDLORD shall be under no obligation to rebuild or repair and Che term hereby granted shall cease and be at an end £os all intents and purposes £rom the date of such damage or destxuction, and the TENANT sha11 immediately surrender same and yield up possession of the demised premises to the LANDLORD, and the prepaid rent from the time o£ suzxender shall be apportioned and the LANDLORD shall not be responsible for any damage or loss which may be incursed by the TENANT by reason of such termination, (b) Sn the event that the TENANT's equipment, thsough no £ault o£ the TENANT shall be destroyed or damaqed in such a manner that its performance is impaired, the TENANT may repair or rebuild, or at its option surrender the Lease and yield up possession of the demised premises to the LANDLORD and the Lease shall then be at an end from the date o£ such damage or destruction, and the prepaid rent £rom the time o£ suxrender shall be apportioned. 19. The TENANT hereby covenants cvith the LANDLORD that it is se1£- insured under the laws oE the State of Minnesota £or the purposzs o£ tort claims against the TENANT (City o£ St. Paul, Minnesota). 15. I£ any building, structure, trees or other works of any natuxe or kind whatsoever screens, shields or inter£eres in any manner with the signals transmitted or received by the equipment or, should the operation o£ the equipment be diEficult or impossible by -3- a.�' ��►� r�ason of government regulation, the TENANT may terminate this a agreement by giving thirty (30) days written notice to the �.� �� y LANDLORD. In the event of such termination th�= LANDLORD shall re£und pro-rate any prepayment of rent accruing due a£tex the dzte o£ such termination. 16. The TENANT shall have quiet enjoyment of the pLemises. �a) In tne case oi a dispute between the LANDLORD and the TENANT during the te=m hereoi, and any renewal, as to any matter arising hereunder, eithez party hereto sha11 be entitled to give to the othex party notice o£ such a dispute and failing to arrive at a mutually satisfactory agreement within a period of thirty (30) days, demand each party shall at once appoint an arbitrator and such appointees shall jointly appoint a third. The decision o£ any two o£ the three arbitxatoss so appointed shall be £inal and binding upon the parties hereto who covenant one with the other that their disputes shall be so decided by arbitration alone and not by recourse to any court by action at law. (b) If within a reasonable time the two arbitrators appointed by the parties hereto do not agxee upon a third, or if the party who has been notified of a dispute fails to appoint an arbitrator to represent the party in default may, upon petition o£ the party not in default, be appointed by a judge of the Court of the appropriate jurisdiction. The cost o£ arbitration shall be apportioned between the parties hexeto as the a=bitzato=s may decide. (C� TENANT may texminate this lease by giving not less than thirty (30) days written notice to the LANDLORD, by registered letter addressed to LANDLORD as stated in,pas'aqraph 18 0£ this agreement. Any monies paid in advance for rent shall be re£undable pro-rate to the TENANT and sha11 be due from the lANDLORD on the date o£ termination. 17. It is undesstood and agreed that during the te=m o£ this Lease and any extension thereof, that the LANDLORD will not lease, license or permit those other than the TENANT to use any part of the property otiginally described Schedule "B", Eox'the puxposes of the installation, operation maintenance o£ telecommunications antennas, other than those already disclosed, without the written consent of the TENANT. LANDLORD leases apace at the Pointe o£ St. Paul to the Metropolitan Radio Board (MN DOT)a�d to TENANT. 18. Any notice hezeundes shall be given by registexed lettez addressed to the LANDLORD as follows: THE POINTE OF ST. PACiL 78 EAST TENTH STREET ST. PAOL. MINNESOTA 55101 19. Provided £urther and it is hereby agreed that should the TENANT hold over after the expiration o£ this Lease and the LANDLORD therea£ter accepts rent £or the said premises, the TENANT shall hold the said premises only as a monthly TENANT of the LANDLORD and subject in all other respects to the terms and conditions o£ this Lease. 20. This agreement shall be binding upon and enure to the beneiit o£ the parties hereto and their respective successors and assigns, -�- �` IN WITNESS WHEREOF the parties hereto have hereunto signed under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED pOINTE OF ST. PAUL in the presence o£: Authorized Signing Of£icer/Agent U Witn s 11 U Witness Appxoved as to Form: Assistant City AtCOrney Authorized Signing Officer/Agent CITY OF ST. PAUL, MINNESOTA Chie£ Director, Dep�rtment of Finance and Management Services q�`�.' ( ��t � �'fl �.0 �� Presented By: Referred To: By: � / ;, NIINNESOTA �—� Council File # Green Sheet # Couunittee:Date: 9q - lo�t� 100331 BE Tf RESOLVED, that the Saint Paul Police Department is authorized to enter into a five year lease agreement renewal with the Pointe of St. Paul, for the radio commun�cation site to serve the Saint Paul Police and Fire departments. ivea �y mayor: Uate: N 011 � 7�`r"l Requested by D artmknt of: Polic By: � For ppro d by Ci Atto i BY� //1 � Approv y' ��or m Sub i� �n to Council: B: pointeleaserenewa I-100337 Adoption Cf�rtihed by Councll Secretary: _ , '"'^" "�'i'"'�P 651-292-3 William K. Finney, Chief TOTAL # OF SIGNATURE PAGES ►� �✓ GREEN SHEET R.4—►c�'�G No � v��? i mun�rt ow�art ancwct Q arcwnwar �`�7= � emraisnc _ ❑wuxcwta6�nrsaow. ❑wuwytasawKCro � W ��C� � (Cl7P ALL LOCATIONS FOR SIGNATURE) Signatures requested on the attached Council Resolution to renew a five year lease agreement with the Pointe of St. Paul (radio communications equip— ment site). See lease agreement on Green��a.e.�t No. 100330. PLANNING COMMISSION CIB CAMMfITEE CIVIL SERVICE COMMISSION Existi_ng five year lease expired. Fias mis D�swJfrm e�er v,orked untler a canhact for Nis depaMiem? YES NO Fias tlYS pmaMmm evef bean a Cily empbyee7 YES NO Doe¢ ttxc P�� P� a sidll not nwmnlHO� M�Y wrteM dtY emPbYee? YES NQ � Is Mis pereatlfiim a tarpetetl KridaR YES I� �in�lvesanswersOnaeoa�atesl�eelard.atl�htooreen.slrabt, :..�. 'aJ L u �� '�� yt � �;;4i �' r 4a;s� ��p. ��'r:e1'�.��`a� This primary radio communications si.te will continue to serve the St. paul police and Fire departments. None. Loss of the primary and vital radio communications site for the St. Paul Police and Fire deanartments. (qRCLE ON� YEE NO INFORMATION (IXPWN) ACiNI7V NUF�ER ��u�s��! F3�s��r�,?? ��f�r � t ' . �±;� STANDSiRD LEASE TH LEASE made in TriplicaCe this �_ day o£ S�jp� a.q_ l0 4,� 19�. BETWEEN: hexeina£te= qalled the "LANDLORD", THE PARTY OF THE FIRST PART, THE POINTE OF ST. PAliL -and- hereinaiter called the "TENANT" THE PARTY OF THE SECOND PART. THE CTTY OF ST. PAOL l. WHEREAS, the LANDLORD is the owner of THE POINTE OF ST. PAUL 2. AND WHEREAS, the TENANT has requested the LANDLORD to grant permission to esect, opezate, and maintain transmitting and receiving antennas and equipment as required by the TENANT on the leased premises being more particularly described on Schedule "B", included in previous lease ag=eement. 3. AND WHEREAS, the LANDLORD has resolved to grant such pesmission to the TENANT subject to the texms, covenants and conditions of this Lease. 4. WITNESSETH that in conside=ation o£ the premises and to mutual covenants and agreements contained herein, the Parties hereto hereby agree with each other as £ollows: 5. The LANDLORD grants permission to the TENANT and the TENANT shall have the right, (a) to erect, operate, maintain and place as required, at its own expense, a tower or towexs {antenna mounts}, and transmitting and receiving antennas and to enclose and secure 600 square feet at the penthouse level to house the equipment associated with the transmitting and zeceiving antennas. Said area £or housing equipment must be approved by the LANDLORD. (b) to install such equipment, exterior grounding, electxical and communications lines as may be necessary for the operation of the said transmitting and receiving antennas, all o£ which equipment, towes antennas, electxical, and communication lines and any appurtenant fittings are hereina£ter called "the equipment" and; {c) to cause to be made all necessa=y leasehold improvements at its own expense, such improvements to include but without limiting the Eollowing: heating, air conditioning, walls, ventilation and electrical wiring; (d) to enter upon the psemises at all xeasonable times for the purpose of the installation, operation and maintenance of the said equipment. (e) The LANDLORD grants easements £or access and for all necessary electrical and communication lines for the operation o£ the TENANT'S t=ansmitting and receiving antennas. 6. The term oE the Lease shall be FIVE �5) years commencing £rom and including the 18''" day of SEPTEMBER , 1999, and £rom thenceforth next and ensuing and fully to be complete and ended on the 1"7'" day of SEPTEMBER , 2009 , and subject to renewal as �CI,.�� hereinafter provided. � 7. In the event o£ any option(s) to renew being exercised, the word "texm" whexever used in this Lease shall mean the initial term and any extension thereof. 8. The TENANT shall pay to the LANDLORD annual rents as follows: 512.600 Dollars the fixst year, in advance; 512,750 Dollars the second year, in advance; 513,500 Dollars the third year, in advance; 519,250 Dollars the fourth year, in advance and 515,000 DollaLS the £ifth yeas, in advance; 9. It is understood and agreed that the TENANT shall be responsible for the payment of its own electrical consumption and in this connection the TENANT shall install a meter on the premises to record its power consumption. 10. The TENANT covenants and agrees furthe= with the LANDLORD as follows: (a) that the a£ozesaid premises and the equipment shall be used by the TENANT £or tlie pu=pose o£ telecommunications broadcasting and any other purpose incidental thereto; (b) that the TENANT shall not as5ign this Lease or sublet the leased premises without the written consent of the LANDLORD being first had and obtained, which consent shall not be unreasonably withheld; (c) that in construction and maintenance of its equipment the TENANT shall cause no material inconvenience to the LANDLORD; (d) that all construction and maintenance o£ its equipment will be carried out by the TENANT at its own expense and upon termination o£ this agreement the TENANT shall remuve its equipment at its own expense and return the site to its condition be£ore the commencement of this Lease, reasonable wear and tear, destruction ox damage as pxovided for in paragraph 16 hereof, and any chanqes or alterations made by other than TENANT, or the TENANT'S agents only excepted; (e) that save £or the negligence o£ the LANDLORD, its employees and those persons authorized by the LANDLORD to be on the pxemises, the TENANT shall indemni£y and save haxmless the LANDLORD againsC all actions, suits, claims, damages, costs and liabilities arisinq out of or as a result o£, ii) any breach, violation, or non- pei£oxmance of the terms, co�*enants and obligations on the pazt of the TENANT set out in this agreement, _2_ Q (ii) any damage to pzopesty occasioned by the negligent use o£ the premises by the TENANT of the structural Eailure of any or all o£ the TENANT's equipment, (iii) any injury to or death o£ any person resultinq £rom the negligent use of the premises by the TENANT. 11. Notwithstanding any other provisions o£ this Lease: (a) The TENANT may assign its rights and obligations unde= this Lease including the subletting or licensing of all or parC o£ the leased premises without prior written notice to the LANDLORD or without the consent of the LANDLORD to; (i) a person or company that controls, is controlled by, or under common control with the TENANT, (ii) a purchaser of all or substantially all o£ the TENANT's assets, (b) a change of control o£ the TENANT sha11 not in any way be considered a transfer or assignment o£ this Lease or in any way a£fect the TENANT's xights or obligations. 12. Provided that the TENANT shall be responsible £or the payment of any increase in business and/or real estate taxes, due to improvements and operation o£ the TENANT on the demised premises. 13. (a) In the event that the premises are destroyed or damaged in such a manner that it would not be possible for the TEtvANT to continue to maintain its equipment therein, the LANDLORD shall be under no obligation to rebuild or repair and Che term hereby granted shall cease and be at an end £os all intents and purposes £rom the date of such damage or destxuction, and the TENANT sha11 immediately surrender same and yield up possession of the demised premises to the LANDLORD, and the prepaid rent from the time o£ suzxender shall be apportioned and the LANDLORD shall not be responsible for any damage or loss which may be incursed by the TENANT by reason of such termination, (b) Sn the event that the TENANT's equipment, thsough no £ault o£ the TENANT shall be destroyed or damaqed in such a manner that its performance is impaired, the TENANT may repair or rebuild, or at its option surrender the Lease and yield up possession of the demised premises to the LANDLORD and the Lease shall then be at an end from the date o£ such damage or destruction, and the prepaid rent £rom the time o£ suxrender shall be apportioned. 19. The TENANT hereby covenants cvith the LANDLORD that it is se1£- insured under the laws oE the State of Minnesota £or the purposzs o£ tort claims against the TENANT (City o£ St. Paul, Minnesota). 15. I£ any building, structure, trees or other works of any natuxe or kind whatsoever screens, shields or inter£eres in any manner with the signals transmitted or received by the equipment or, should the operation o£ the equipment be diEficult or impossible by -3- a.�' ��►� r�ason of government regulation, the TENANT may terminate this a agreement by giving thirty (30) days written notice to the �.� �� y LANDLORD. In the event of such termination th�= LANDLORD shall re£und pro-rate any prepayment of rent accruing due a£tex the dzte o£ such termination. 16. The TENANT shall have quiet enjoyment of the pLemises. �a) In tne case oi a dispute between the LANDLORD and the TENANT during the te=m hereoi, and any renewal, as to any matter arising hereunder, eithez party hereto sha11 be entitled to give to the othex party notice o£ such a dispute and failing to arrive at a mutually satisfactory agreement within a period of thirty (30) days, demand each party shall at once appoint an arbitrator and such appointees shall jointly appoint a third. The decision o£ any two o£ the three arbitxatoss so appointed shall be £inal and binding upon the parties hereto who covenant one with the other that their disputes shall be so decided by arbitration alone and not by recourse to any court by action at law. (b) If within a reasonable time the two arbitrators appointed by the parties hereto do not agxee upon a third, or if the party who has been notified of a dispute fails to appoint an arbitrator to represent the party in default may, upon petition o£ the party not in default, be appointed by a judge of the Court of the appropriate jurisdiction. The cost o£ arbitration shall be apportioned between the parties hexeto as the a=bitzato=s may decide. (C� TENANT may texminate this lease by giving not less than thirty (30) days written notice to the LANDLORD, by registered letter addressed to LANDLORD as stated in,pas'aqraph 18 0£ this agreement. Any monies paid in advance for rent shall be re£undable pro-rate to the TENANT and sha11 be due from the lANDLORD on the date o£ termination. 17. It is undesstood and agreed that during the te=m o£ this Lease and any extension thereof, that the LANDLORD will not lease, license or permit those other than the TENANT to use any part of the property otiginally described Schedule "B", Eox'the puxposes of the installation, operation maintenance o£ telecommunications antennas, other than those already disclosed, without the written consent of the TENANT. LANDLORD leases apace at the Pointe o£ St. Paul to the Metropolitan Radio Board (MN DOT)a�d to TENANT. 18. Any notice hezeundes shall be given by registexed lettez addressed to the LANDLORD as follows: THE POINTE OF ST. PACiL 78 EAST TENTH STREET ST. PAOL. MINNESOTA 55101 19. Provided £urther and it is hereby agreed that should the TENANT hold over after the expiration o£ this Lease and the LANDLORD therea£ter accepts rent £or the said premises, the TENANT shall hold the said premises only as a monthly TENANT of the LANDLORD and subject in all other respects to the terms and conditions o£ this Lease. 20. This agreement shall be binding upon and enure to the beneiit o£ the parties hereto and their respective successors and assigns, -�- �` IN WITNESS WHEREOF the parties hereto have hereunto signed under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED pOINTE OF ST. PAUL in the presence o£: Authorized Signing Of£icer/Agent U Witn s 11 U Witness Appxoved as to Form: Assistant City AtCOrney Authorized Signing Officer/Agent CITY OF ST. PAUL, MINNESOTA Chie£ Director, Dep�rtment of Finance and Management Services q�`�.' ( ��t � �'fl