94-1098 0 R I G f N A L Council File # 9Y— lem
ESOLUTION Green Sheet # 0 2 7?
OF i PAUL, MINNESOTA 53
Presented By: ,`
Ili IIIIMIIIII
Referred To: Committee: Date
BE IT RESOLVED, the proper city officials are hereby authorized and directed to execute a
5 year lease agreement with The Po me of St. Paul Apartment Building whereby the
City of Saint Paul Police and Fire Departments will continue to be permitted to locate
and operate radio communication eq ipment subject to the terms and conditions of
said agreement, a copy of which is to be kept on file in the Department of Finance
and Management Services.
Yeas Nays Absent Requested by P - • . ' ent of:
Blakey
Grimm P L _
Guerin
Harris f '' :11-
Megard
Reitman By: , -
Thune
''I O G Approval Recomme • ed by Budge Director:
Adopted by Council: Date \(' a` � c, L1 1 By; c�rc 1 t T 7- / Z - ci l
Adoption Certified by Council Secretary: Form:: • ve . by P it ' ne
By' IL. . _ �` e� .___�_ BY: C /i U ' L....ir _ C - 36 —
• to ' l e " q , r
Approved by May
/ � p . ed by ,,, yor 2 , b i ts n to Council:
B y : lt I' C � � By e�. / / / N�1
•
4ePtiev
DEPARTMENT/OFFICE/COUNCIL DAB INITIATED N2 2" 9 5
Police 17/94 GREEN. SHEET
INMAUDATE . (NIT
CONTACT PERSON & PHONE z i z � „ DEpANTMENT DIRECTOR CITY COUNCIL
William Finney, - a F r":, CITY ATTORNEY ED CITY CLERK
NtelBER MUST BE ON COUNCIL AGENDA BY (DATE) nom (P ; - UDGET DIRECTOR El FIN. & MGT. SERVICES DIR.
191 z <MAYOR (OR ASSISTANT) El
TOTAL # OF SKONATURE PAGES (CLP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Council Resolution to approve renewll of a 5 year lease agreement with The Pointe of
St. Paul Apartment Building (radio Communication equipment site). See s.atsee agreemen
on Green Sheet No. 2793 4,
RECOMMENDATIONS: Approve (A) or Reject (R) 1 ERBONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION! Has this perso[Uflnn ever worked under a contract for this department?
YES NO
_ CM COMMITTEE ,. Has this personifkm ever been a city employee?
_ STAFF YEE NO •
— DISTRICT COURT I. Does this person/firm possess a still not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, WI-.):
Current 5 year lease will expire on 9/18/94 and needs to be renewed per attached
agreement (the agreement contains at indemnification clause).
ADVANTAGES IF APPROVED:
This primary radio communication si :e will continue to serve the St. Paul Police
and Fire Departments.
RECEIVED RECEIVED
JUL 1 1994 JUN 29 1994
DISADVANTAGES IF APPROVED: BUDGET OFFICE CITY Al' ORNEY
None Council Research Center
JUL 1 9 1994
DISADVANTAGES IF NOT APPROVED:
Loss of the primary and vital raa.o communication site for the St. Paul Police and
Fire Departments.
Or
1994 - $1,500, 1995 $1,600, 199( - $1,700, 1997 - $1,800, 1998 $1,900
TOTAL AMOUNT OF TRANSACTION $ $8, S00 Tot a L COST/REVENUE BUDGETED (CIRCLE ONE) YES 140
FUNDING SOURCE
General Fund ACTIVITY 001- 04342- 0282 -40085
FINANCIAL INFORMATION: (EXPLAIN) Budgeted for 199.. and 1995, will need to be .u.gete. eac Tema n ng ear.
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pOItdTE GE ::I . PAUL I0:61.229 0603 JUN 03'94 11:37 No .002 P.03
&T 1DARD AS
LEE p/7/2
THIS 1 ASE made in uad plicate this ," day of gif-eses
BETWEEN: hereinafter called the "LANDLORD ",
THE PARTY OF THE FIRST PART,
-p4.7,vz e'er: Sr Aft -
-and-
hereinafter called the "TENANT"
THE PARTY OF THE SECOND PART.
z.,DF- ..S72. 4 ,'
1. WHEREAS, the LANDL.rD is the owner of
2. AND WHEREAS, the T - NANT has requested the LANDLORD to grant
perm.i:.ion to erect, .perate, and maintain transmitting and
receiving antennas and = .uipmenL as required by the TENANT on the
leased premises being mere particularly described on Schedule "B"
ptt%icleud hereto.
3. AND WHEREAS, the LANDLORD han resolved to grant such
perin.i ::::ion to the TEN T subject to the terms, covenants and
conditions of this Leas..
4. wrTNESSPTJI that in , onsideration of the promises and to mutual
covei,huLs and agrr-rrtmon • s contained herein, the Parties hereto
hereby agree with each ther as follows:
5. The LANDLORD grant permission to the TENANT and the TENANT
shall have the right, •
(.) to erect, op rate, maintain and place as
required, at its own expense, a tower or
towers (antenru mounts), and transmitting and
receiving antennas and to enclose and secure
600 square feet at the penthouse level to
house the a ui.pment associated with the
transmitting =nd receiving antennas. Said
area for housing equipment must be approved by
the LANDLORD.
(1..) 1.o install sic equipment, exterior grounding,
el e.c t.rical an ronununi cations line:, as may be
nocepoar.y to the operation of the said
transmitting -nd receiving antennas, all of
which equipme L, tower antennas, electrical,
and common i ca :ion lines and any appurtenant
fi.LLine,):z art hereinafter called "this
equipment" an.:
(e) to r,_ieuse lo • e made all necessary leasehold
improvements at it:: own expense, such
improvements o include but without limiting
the followin.: heating, air conditioning,
walls, ventilation and electrical wiring;
(d) to enter upon the premises at all reasonable
times for t purpose of the installation,
operation a1 d maintenance of the said
equipment.
(c) The LANDLORD grants eae:ements for access and
fol. all zleee13 ary cicctrical and communication
dines for t e operation of the TENANT'S
transmitting :nd receiving antennas.
POINT.E OF L.I 1'i till. ID:6122910503 JUN 03'94 11:38 No.002 P.04
6. The term of T.easa shall be years commencing fromq �1D913
and ineludinq the `4 OAy o 1EA €._►L , 19.5 _, and from from/
y..1013
next and ensuing and fully � ta be complete" And ended on
the f7 dey o 4 r ��_ /gp and subject to renewal
a* hcr.•crinafter provided.
7. it the event of any ›ption(s) to renew being exercised, the
word "term" wherever used in this Lease shall mean the initial term
and any extension thereof.
8. Tho TENANT shall pay .'o the LANDLORD annual rents as follows:
$1,500 Dollars the first year, in advance;
51.600 1)o11srs the second year, in advance;
1.704 Dollars the third year, in advance;
$j, QQ.tI
Dollars the fourth year, in advance and
$i.yoo • Dollars the fifth year, in advance.
Construction shall not commence until the Landlord has received
full payment of the first year's rent.
9. rt.. i_ es understood and agreed that the TENANT shall be
respunr:ibie for the payment of its own electrical consumption and
in this ..onnection the TENANT shall install a meter on the premises
to r;uc>rd its power consumption.
10. 't•hc; TENANT covenants and agrees further with the LANDLORD as
fpl.) uwz,
(a) that the aforesaid premises and the equipment
shall be used by the TENANT for the purpose of
telecommunications broadcasting and any other
purpose incidental thereto;
(b) that the TENANT Ethall not assign this Lease or
sublet the leased premises without the.written
consent of the LANDLORD being first had and
obtained, whic;li consent shall not be
unreasonably withheld;
(c) that in construction and maintenance of ita
equipment the TENANT shall cause no material
inconvenience tea the LANDLORD;
(cj) that all construction and maintenance of its
equipment will be carried out by the 7`ZNANT at
its own expense and upon termination of this
agreement the TENANT shall remove its
equipment at its own expense and return the
sito to its condition before the commencement
of this Lease, reaeonab)e wear and tear,
destruction or damage as provided for in
paragraph 16 hereof, and any changes or
altcrret.t.on;: mode by other than TENANT, or the
TENANT'S agonta only excepted;
(c) that save for the negligence of the LANDLORD,
it.n employees and those persons authorized by
the LANDLORD to bet on the premises, the TENANT
shall indemnify and save harmless the LANDLORD
against all actions, ,nits, claims, damages,
costs and liabilities arising out of or as a
result of,
(i.) any breach, violation, or non -
performance of the terms, covenants
and obligations on the part of the
TENANT set out in this agreement,
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POINTE OF I'HUL ID:6122910603 JUN 03'94 11:39 No.002 P.06
reason of government retulation, the TENANT may terminate th1e 4 74. 0 100
agreement by giving t irty (30) days written notice to the
LANDLORD. In the event of such termination the LANDLORD shall
rcfend pro -rate any preps ant of rent accruing due after the date
of such termination.
16. The TENANT shall ha a quiet enjoyment of the premises.
(a) In the care of a dispute between the LANDLORD
and the TENANT ur.ing the term hereof, and any
renewal, as to any matter arising hereunder,
either party h =veto shall be entitled to give
to the other tarty notice of such a dispute
and - failing to arrive at a, mutually
satisfactory cgreement within a period of
thirty (30) da a, demand each party shall at
once appoint are arbitrator and such appointees
shall jointly ppoint a third. The decision
of any two .f the three arbitrators so
appointed shal be final and binding upon the
parties hereto ho Covenant one with the other
that their disputes :hall be so decided by
arbitration al.ne and not by recourse to any
court by action at Jaw.
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(L) If within a reasonable time the two
arbitrators ap inted by the parties hereto do
not agree upon a third, or if the party who
has been raot'fi.cd of a dispute fails to
appoint an arb.trator to represent the party
in default may, upon petition of the party not
in default, b= appointed by a judge of the
Court of the ppropriate jurisdiction. The
cost of arbitration shall be apportioned
between the pa•ties Hereto as the arbitrators
may decide.
17. it is understood and agreed that during the -term of this Lease
and rimy extension ther .f, that the LANDLORD will not lease,
liceese or permit three ether than the TENANT to use any part of
the p' t:'j'erty described Sc cdule "13" herein, for the purposes of the
installation, operation m..intenutice of telecommunications antenna::,
oLhar than those already isclosed, without the written consent of
the 't'I•:N/\NT.
18. Any notice hereunder shall be given by registered letter
addressed to the LANDr.OR11 as follows:
TIU J'j NTI OF .^-a. PANT.
78 EAST. _TENTS ninRrFT
'iT.._1'AUL . _MINNESOTA r,5101
19. Provided further and it is hereby agreed that should the
TENANT hold ovor after the expiration of this Lease and tho
Lr`LNLU.OI(U thereafter. accepts rent l:or the said premises, the TENANT
shall held the amid premises only as a monthly TENANT of the
T.7\Nr and :auh,)ec.t in all uL}rer respects to the terms and
c o n d i t i o n s of this Lease.
20. This agreement shall be binding upon and enure to the benefit
of the parties hereto and their respective successors and assigns.
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