09-1351Council Fi(e #�-���
Green Sheet# 3086236
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA g
Presented
by
Z BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into a five year
3 lease agreement renewal with the Pointe of Saint Paul Condominium Association, for the radio
4 communication site to serve the Saint Paul Police and Saint Paul Fire departments.
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By:
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May
Approved by City Attorne
BY: ;SGt j , �j�
pted by Date j � /�/�� Appr,o d� AIP yor for Submission to Council
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ption Certified by Cou il Secretary
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roved by Date j Z�2 2/ _
or:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOffice/Council: Date initiated: � � � � � �
FS —Fina�cialServices ZSO�T2o� Green Sheet NO: 3086236
CoMact Person & Phone: ��a��M Sent To Person InitiallDate
Dave Nelson � � 0 ;navc�al5errices xovatc
266$864 I oHce Deuartmeot C6ief
Assign 2 ityAtturuer ...z� ' AttoIDe �
Must Be on Council Agenda by (Date): Number
For 3 mancial Services ffice of Finauciat Servic
Routing 4 a or's Office Ma odAssistant
Doc. Order 5 Clerk Cti Clerk
6 oanN Ci CouncH
E-Qowment Required: N � �oxociat Services Real Estate ]000 CRA
DocumeM Contact;
Confact Phone: � .
Total # of SignaWre Pages �(Clip All Locations for Signature) -
Action Requested: �
Appcove five yeaz lease renewal betcveen the SPPD and Pointe of Saint Paul Condominium Association for radio communicadons
site. (PDYL6)
Recommendations: Approve (A) or Reject (R): Personal Service Contracts MustAnswer the Foliowing Questio�s: �
Planning Commission 7. Has this person/firtn ever worked under a contred for this depariment?
CIB Committee Yes No
Civil Service Commissio� 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person7firm possess a ski�l not nortnaily possessed by any
current city emptoyee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
The Police need to renew their lease with Pointe Of Saint Paul Condo Assoc for radio communications site.
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AdvantageslfApproved: � p�Q`r ., � �
Radio communicarions service will continue. �r � 1 v
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DisadvanWges IfApproved:
None fotseen
DisadvaMages lf Not Approved: _
Poice will have to find altemafive radio site. No other sites with the height or location
Total Amount of
TransaMion: $�52 ,157.94 Cosfi/RevenueBUdgeted:
Fundiny sowce: 001-04342 activ;ry Numher: Five year lease amount.
Financial InfOrmation:
(Explain)
October 28, 2009 11:14 AM Page 1
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STANDARD L&ASE
THIS LEASE made in Triplicate this day of
20 .
BETGIEEN: hereinafter called the "LANDLORD",
THE PARTY OF THE FIRST PART,
THE POINTE OF ST. PAUL CONDO ASSOCIATZON
-and-
hereinafter called the "TENANT"
THE PARTY OF THE SECOND PART.
THE CITY OF ST. PAUL
L WHEREAS, the LANDLORD is the owner of ___
THE POINTE OF ST. PAL3L CONDOMINIUM ASSOCIATION
2• AND WHEREAS, the mENANT has requested the LANDLOAD to grant
permission to erect, opeiate, and maintain transmitting and
receiving antennas and equipment as required by the TENANT on the
leased premises being more particulazly described on Schedule "B",
included in previous lease agreement.
3, aND WfiEREAS, the LANDLORD has resolved to grant such
permission to the TENANT subject to the terms, covenants and
conditions of this Lease.
4. WZTNESSETH that in consideration of the premises and to mutual
covenants and agree�nents contained herein, the Parties hereto
riereby agree with each other as follows:
5. The LANDLDAD grants permission to the TENANT and the TENANT
sha11 have the riqht,
(a) to erect, operate, maintain and place as
T'EQl3iT'eCl, aC itS oWll 2Xj�2nSe, a towEr OT
towers (antenna mounts), and transmitting and
receiving antennas and to enclose and secure
6�0 square feet at the penthouse level to
house the equipment associated with the
transmitting and receiving antennas. Said
area for housing equipment must be approved by
the LANDLORD.
(b� to install such equipment, exterior grounding,
electrical and communications lines as may be
necessary for the operation of the said
transmitting and receiving antennas, all of
which equipment, tower antennas, electrical,
and communication lines and any appurtenant
fittings are hereinafter called "the
equipment" and;
(c) to cause to be made all necessary leasehold
improvements at its own expense, such
improvements to include but without limiting
the following: heating, air conditioning,
wa11s, ventilation and electrical wiring;
(d) to enter upon the premises at all reasonable
times for the purpose of the installation,
operation and maintenance of the said
equipment.
(e) The LANDLORD grants easements for access and
for all necessary electrical and Communication
lines for the operation of the TENANT'S
transmitting and receiving antennas.
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6. The term of the Lease shall be five (5) years commencing from
and including the 18 day of September 2009, and from thenceforth
next an� ensuing and fully to be complete and ended on the 17` day
of September, 2014, and subject to renewal as hereina£tez provided.
7. In the event of any optionis) to renew being exerCised, the
word "term^ wherever used in this Lease shall mean the initial term
and any extension thereof.
The TENANT shall pay to
$28,092.48 Dollars
$29,216.18 Dollars
$30,384.83 Dollars
$31,600.22 Dollars
$32,864.23 Dollars
the LANDIARD annual rents as
the first year, in advance;
the second year, in advance;
the third year, in advance;
the fourth year, in advance
the fi£th year, in advance.
follows:
and
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 TINANT sha11 install a metes on the premises
to record its power consumption.
10. The TFNANT covenants and agrees further with the LANDLORD as
follows:
(a) that the aforesaid premises and the equipment
sha11 be used by the TENANT for the purpose of
telecommunications broadcasting and any other
purpose incidental thereto;
(b) that the TENaNm shall not assign this i.ease or
sublet the leased premi5es without the written
consent of the LAN77LORD being £irst had and
obtained, which consent shall not be
unreasonably withheld;
(c) that in construction and maintenance of its
equipment the TENANT sha11 cause no material
inCOnVenienCe CO the LANDLORD;
(d) that all construction and maintenance of ies
equipment will be carried out by the TENANT at
its own expense and upon teimination of this
agreement the TENANT shall remove its
equipment at its own e�ense and return the
site to its condition before the commencement
of this Lease, reasonable wear and tear,
destruction or damage as provided for in
paragraph 16 hereof, and any changes or
alterations made by other than TENANT, or the
TENANT'S agents only excepted;
(e) that save for the negligence of the LANDLORD,
its employees and those persons authorized by
the LANDLORD to be on the premises, the TENANT
sha11 indemnify and save harmless the LANDIARD
against all actions, suits, claims, damages,
costs and liabilities arising out of or as a
result of,
(i� any breach, violation, or non-
performance o£ the terms, covenants
and obligations on the part of the
TENANT set out in this agreement,
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(ii) any damaqe to property occasioned by
' the negligent use of the premises
by the TENANT of the structural
failure of any or all of trie
TENANT'S equipment,
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(iii) any injury to or death oE any person
resulting from the negligent use of
the premises by the TINANT.
Notwithstanding any other provisions of this Lease:
(a) mhe TIIVANT may assign its rights and
obligations under this Lease including the
subletting or licensing of all or part of the
leased premises without prior written notice
to trie LANDLORD or without the consent oP the
LANDLORD to;
ti) a person or company that controls,
is controlled by, or under common
contml with the TENANT,
(ii) a purchaser of all or substantially
all of the TENANT'S assets,
(b) a change o£ control o£ the T�SANT shall not in
any way be considered a transfer or assignment
of this Lease or in any way affect the
TENANT'S rights or obligations.
12. Provided that the TENANT shall be responsible for the paymenC
of any increase in business and/or real estate taxes, due to
improvements and operation of the TENANT on the demised premises.
13.
ia) In the event that the premises are destroyed
or damaged in such a manner that it woulfl not
be possible for the TENANT to continue Co
maintain its equipment therein, the LANDLORD
shall be under no obligation to rebuild ar
repair and the term hereby granted sha11 cease
and be at an end for all intents and purposes
£rom the date o£ such damage or destruction,
and the TENANT shall immediately surrender
same and yield up possession of the demised
premises to the L�ANDLORD, and the prepaid rent
fxom the time oE surrender shall be
apportioned and trie LANDLORD shall not be
responsible for any damage or loss which may
be incurred by the TENANT by reason of such
termination,
(b) In the event Chat the TENANT's equipment,
through no fault of the TENANT shall be
destroyed or damaged in such a manner that its
per£ormance 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 of such damage
or destruction, and the prepaid rent from the
time of surrender shall be agportioned.
14. The TENANT hereby covenants with the LANDLORD that it is self-
insured under the laws of the State of Minnesota for the purposes
of tort claims agdinst the TENANT (City of St. Pau1, MinnesotaJ.
15. I£ any building, structure, trees or other works
or kind whatsoever screens, shields or interferes
with the signals transmitted or received by the
should the operation oE the equipment be di££icult o=
of any nature
in any manner
equipment or,
impossible by
b�'I���
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reason of government regulation, the TENANT may terminate this
agreement 'by giving thirty (30} days written notice to the
LANDLORH. In the event of such termination the LANDLORD shall
refund pro-rate any prepayment of rent accruing due after the date
of such termination.
16. The TFNANT shall have quiet enjoyment of the pxemises.
(a) In the case of a dispute between the LANDLORD
and the TENANT during the tezm hereof, and any
renewal, as to any ma[ter arising hereunder,
either party hereto sha11 be entitled to give
to the other party notice of 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 7ointly appoint a third. The decision
of any two of the three arbitrators so
appointed sha11 be final and binding upon Che
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 agree upon a third, or if [he party who
has been notified of a dispute fails to
apgoint an arbitrator to represent the party
in de£ault may, upon petition of the party not
in default, be appointed by a judge of the
Court of the appropriate jurisdiction. The
cost of arbitration shall be apportioned
between the parties hereto as the arbitrators
may decide.
17. It is understood and agreed that during the term of this Lease
and any extension thereof, that the LANDLORD wi11 not lease,
license or pe�mit those other than the TENAAtT to use any part o£
the property described Schedule "B" herein, for the purposes of the
installation, operation maintenance of teleCOmmunications antennas,
other than those already disclosed, without the written consent oE
the TENANT.
18. Any notice hereunder shall be given by registered letter
addressed to the LANDi3ORD as £ollows:
The Pointe of St. Pau1 Condominium Association
C10 Paradise & A55oCiateS, LLC
2177 Youngman Avenue, 5uite 170
ST. PAUL, MINNE50TA 55116
19. Provided further and it is hereby agreed [hat should the
TENANT hold over after the expiYation of this Lease and the
LANDLQRD thereafter accepts rent for the said premises, the TENANT
shall hold the said premises only as a monthly TENANT of the
LANDLORD and subject in a11 other respects to the terms and
conditions of this Lease.
20. This agre�nent shall be binding upon and ensure to the benefit
of the parties hereto and their respective successors and assigns.
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IN wITNESS WHEREOF the parties hereto have hereunto signed
iu'�c3e`r the hands of their proper officers duly authorized in that
behdli. ` D I � `�� �
SEALED AND DELIVERED
the presence of:
THE POINTE OF ST. PA L
PS -
Au orized Si f£icer{Agent
����
Autho ized igning Office /Agent
PAUL, MINNESOTA
Mayor
and`�Management Ser ices
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