89-1675 WMITE — C�TV GLERK /��
PINK — FINANCE G I TY O SA I NT PA U L Council �p/ 1/ �J L!
CANARY - DEPARTMENT ��'�j n�/f�
BLUE - MAVOR File NO. �L_ �i sv
Counc l Resolution ���� ,;
C_ _�
Presented By
Referred To Committee: Date
Out of Committee By Date
�1HEREAS, The Saint P ul Police Department desires to enter
into an agreement with the Poi te of St. Paul to provide space for
additional radio equipment, an
WHEREAS, the Pointe f St. Paul desires that the City
of Saint Paul indemnify and sa e harmless the Pointe during the
City's use of the Pointe, and
NOW, THEREFORE, BE T RESOLVED, that the Council of the
City of Saint Paul does hereb pledge indemnification of the Pointe
of 5t. Paul from any claims a described in the attached a�reement.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays .
Dimond �a � ��
�� [ Favor
Goswitz
Rettman g ��/LCl����
Scheibel Q gainst Y
Sonnen
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SEP 1 � Form prove by ,�Attptp y
Adopted by Council: Date L3� �
f
CerUfied a•se by Counc' cr By ��
By� �
A►p ro by Mavor: Dat � �� �9 Approved by Mayor for Submissiorj.to Council
By
p118LtSlEU S P � �
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DEPARTMENTIOFFlCE/CWNqL DATEIIN 0
Police /2 �89 GREEN SHEET No. S,N�,A�„6
CONTACT PER80N 3 PHONE DEPARTMENT DIRECTOR CRY COUNGL
Luci Mitchell 292-3588 pTY ATTORNEY c��nc
MUBT BE ON OOUNqL A(�ENDA BY(DAT� TINO BUDfiET DIRECTOR .3 MOT.8ERVtCE8 DIR.
MAVOR(OR A8818T
TOTAL�OF SIGINATURE PAGES 4 ( A LOCATIONS FOR SIGNATUR�
ACTION REQUEBTED:
City Council approval of buil�in space lease agreement which contains
an indemnify and save harmles� c ause.
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RECOMMENDATIONS:APP►ow(A)c►i�lsct(R) NC COM REPORT OPTIONAL
_PLANNINO COMMISSION _qVll SERVICE COMMJ$$� , Yg P"°"E"°A(�� 3 �1 1989
_CIB OOMMITTEE _ f�
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_BTAFF _ ME TS: V�� 1
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SUPPORT8 NMICFI COUNqL OBJECTIVE? i
INI'M71N(�PROBLEM.ISSUE�OPPORTUNITY(1Nho.Whet�Whsn�N�here� I�:
There is a need to add ad I'ti nal public safety radio communicatian
equipment in the downtown ar a. However, present sites will not
facilitate additional equip en due to physical space and frequency
congestion. These is also he threat of substantial increases in rent
at the present site. The ;Po nte of St. Paul apartment building is
willing to provide space at ia ry reasonable cost.
ADVANTA(iE3 IF APPROVED: ,
I
i
i
Present communication can l�e et and improved upon. Future needs can
be met at a very reasonablelco t.
i
DISADVANTAQES IF APPROVED:
� RECEIVED
' p g1g�9
I SEp
None j C�Ty C,►.ERK
i
DISADVANTAC�IES IF NOT APPROVED:
We are presently in a p� si ion where we need to add equipment but
cannot due to lack of s ac . This is have a detrimental effect on
public safety comtnunicati n nd will continue to get wors�ouncil Research Center
AUG 311989
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TOTAL AMOUNT OF TRAN8ACTION a � C08T/REYENUE BUDOETED(CIRCLE ONE) YES NO
General Fund � 04308-0282-40085
i
��a�� ACTIVITY NUMBER
Flwwa�u ir�,et�:�.ar�uf f icient fu�ds in this year's budget to initiate the
agreement and it has l�ee budgeted for in 1990. It is a 5-year
agreement with lst year ;co of $1000, 2nd year $1100, 3rd year $1200,
4th ear 1300 and 5th e 1400 e t 'c 'ce.
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225).
ROUTING ORDER:
Below are preferred routings for the five most frequent types of dxuments:
CONTRACTS (assumes suthorized COUNCIL RESOLUTION (Amend, Bdgts./
budget exists) Accept. Grants)
1. Outside Agency 1. Department Director
2. Initiating Department 2. Budget Director
3. Gty Attorney 3. Ctty Attomey
4. Mayor 4. Mayor/Assistant
5. Finance�Mgmt Svcs. Director 5. Clty Cour�ll
6. Finance Accounting 6. Chief AccountaM, Fin S Mgmt Svcs.
ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (alf othera)
Revision) and ORDINANCE
1. Activity Manager 1. Initiating Department Director
2. DepartmeM Accountant 2. City Attorney
3. Department Director 3. MayoNAasistant
4. Budget Director 4. City Council
5. Ciry Clerk
6. Chief Accountant, Fin&Mgmt Svcs.
ADMINISTRATIVE ORDERS (all others)
1. Initiating DepaRment
2. Ciry Attorney
3. MayoNAssiatant
4. Gry Clerk
TOTAL NUMBER OF SI(iNATURE PAGES
Indicate the#of pages on which signatures are required and pe e�rcli
each of these ap�e .
ACTION REDUESTED
Describe what the projecUrequest seeks to accompiish in either chronologi-
cal order or order of importance,whichever is most approprlate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH ((�UNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by Iisting
the key word(s)(HOUSINCi,RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditlons that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicete whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its cltuens wfll benefit from this proj�ct/actbn.
DISADVANTA(3ES fF APPROVED
What negative effects or major changes to existing or past processes might
thfs projecU�equest produce if it is paseed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?Fw haiv long?
OISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service?Continued high traf8c, noise,
axident rate? Loss of revenue7
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to c�t7 Who is going to pay7
!
1 . �.�_f��.s�
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ST NDARD LEASE
THIS LEASE made in quadruplicate his oZo� day oi �' t' , 19 $9 .
BETWEEN: ereinaiter called the "LANDLORD",
T� �`�� D� � /J��� HE PARTY OF THE F I RST PART,
Y
- and -
ereiraf��r call th� "TEPIA*I':",
� i f�� /�l. _��'• �z�i�l , �YI� HE PARTY OF THE SECOND PART.
1. WHEREAS, the LANDLORD i the owner oi
�s' O , f�-GCfi
2. AND WHEREAS, the TENANT as requested the LANDLORD to grant permission
to erect, operate, and maint !n transmitting and receiving antennas and
equipment as required by the TENANT on the leased preroises being more .
particularly described on Schedu e "B" attached hereto.
3. AND 19AEREAS, the LANDL D has resolved to grant such permission to the
TENANT subJect to the terms, co enants and condltions oi thls Lease.
4. wITNESSETH that in c nsideration oi the premises and to mutual
covenants and agreements contai ed hereln, the Parties hereto hereby agree with
each other as follows:
5. The LANDLORD grants per lssion 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 towers (antenna mounts), and transmltting
� and receiving ant nnas and to enclose and secure 600 square
_ ��/6?s'
8. The T�NANT shall pay to t e LANDLORD annuals rents as iollows:
���,� OG+O• 00 D llars the first year, In advance;
.A' /� lDO.OD _ _ D llars the second year, in advance;
�/, �l�O. UU D llars the thlyd year, In advance;
m / 30D.DO D llars the fourth year, in advance and
s` /� �OU.GY� D llars the fiith year, in advance.
Construction shall not commence u til the Landlord has received full payment oi
the first years rent . -
9. It is understood and agr ed that the TENANT shall be responsible ior
the payment of !ts own electrlca consumptlon and in thts connection the TENANT
shall install a meter on the pre ises to record its power consumption.
10. The TENANT covenants and agrees further with the LANDLORD as follows :
(a) that the aforesaid remises and the equtpment shall be used
by the TENANT ior t e purpose oi telecommunications broad-
casting and any ot r purpose incidental thereto:
(b) that the TENANT sh 11 not assign thls Lease or sublet the
leased premises wi hout the written consent oi the LANDLORD
being iirst had an obtained, which consent shall not be
unreasonably withh ld;
(c) that ln constructi n and malntenance oi its equipment the
TENANT shall cau e no material inconvenience to the
LANDLORD;
(e) that all construc ion and maintenance of its equipment will
be carried out by the TENANT at its own expense.and upon
terminatlon oi th s agreement the TENANT shall remove lts
equtpment at lts own expense and return the site to its
condition before he commencement of this Lease, reasonable
wear and tear, d struction or damage as provided ior in
oara�ranh 16 here i. and anY changes or alterations made by
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12. Provided that the TENANT shall be responsible for the payment of any
increase !n business and/or r al estate taxes, due to improvements and
operation oi the TENANT on the de ised premises.
13.
(a) In the event that t e premises are destroyed or damaged in
such a manner that i would not be possible tor the TENANT
to continue to maint in tts equipment therein, the LANDLORD
shall be under no ob Lgation to rebulld or repatr and the
term hereby granted shall cease and be at an end for all .
lntents and purpose from the date oi such damage or
destruction, and t e TENANT shall immediately surrender
same and yield up p ssesslon oi the demised pre�ises to the
LANDLOBD, and the repaid rent irom the time oi surrender
s6a11 be apportio ed and the LANDLOttD shall not be
responsible ior any damage or loss which may be lncurred by
tLe TENANT by .reaso oi such termination,
(b) In the event that t e TENANT's equipment, through no iault
oi the TENANT sh 11 be destroyed or damaged in such a
ioanner that its per ormance is impaired, the TENANT nay
repalr or rebutld, - r at !ts option surrender the Lease and
yield up possessio oi the de�elsed premises to the LANDLORD
and the Lease shal then be at an end irom the date oi such
damage or destruct on, and the prepaid rent irom the time
oi surrender shall be apportloned.
14. The TENANT hereby cove ants Ntth the LANDLOftD that it is seli-insured
under the laws oi the State oi Minnesota for the purposes of tort clalms
agalnst the TENANT (City o� St Paul, 1linnesota).
15. IL any bullding, struc ure, trees or other works oi any nature or klnd
whatsoever screens, shlelds or interieres !n any manner with the signals
._-----.�. , . _ _ _
r, � � �����
17. It is understood and agr ed that during the term of this Lease and any
extenslon thereoi, that the LANDL ftD will not lease, llcense or permit those
other than the TENANT to use a y part oi the property descrlbed Schedule "B"
herein, for the purposes of the installatlon, operation and malntenance of
telecommunications antennas, oth r than those already disclosed, wlthout the
wrltten consent of the TENANT.
18. Any notice hereunder shal be given by registered letter addressed to
the LANDLORD as follows:
THE POI TE OF 5T. PAUL
78 EAST TE TH STREET
ST. PAUL INNESOTA 55101
19. Provided iurther and 'it is hereby agreed that should the TENANT hold
over aiter the expiration oi thi Lease and the LANDLORD thereafter accepts
rent for the sald premises, the TENANT shall hold the said premises only as a
monthly TENANT oi the LANDLORD b subJect in all other respects to the terms
and conditions oi thls Lease.
20. This agreement shall be binding upon and enure to the benefit oi the
. parties hereto and their respect ve successors and asslgns .
IN WITNESS WHEREOF the arties hereto have hereunto signed under the
� � hands �oi thelr proper ofilcers d ly authorized in that behali.
SIGNED, SEALED AND DELIVERED ) POINTE OF ST/. �AUL
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