HomeMy WebLinkAboutContract 1736 LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of g'J,~b" ,200L~_by
and between the County of Anoka, Minnesota, a political subdivision of the State of
Minnesota, 2100 Third Ave. N., Anoka, MN 55303 ("COUNTY") and the City of
Columbia Heights, a municipal corporation, 590 40m Ave. N.E., Columbia Heights, MN
55421 ("CITY"), does state as follows:
WHEREAS, COUNTY is participating in a region wide public safety radio
system communication plan ("Plan") as set forth in Minnesota Statutes §473.891 to
§473.905; and
WHEREAS, the Plan envisions public safety radio communications to be
broadcast on a network incorporating parts of the 800 megahertz radio frequency band
("Network"); and
WHEREAS, COUNTY is the governmental agency who is constructing the
physical and electronic components of the Network in Anoka County in order to comply
with the Plan; and
WHEREAS, implementation of the Plan requires that additional technical
equipment be placed at various locations throughout Anoka County to enable the
Network to operate effectively; and
WHEREAS, the Plan indicates that antenae and other technical equipment be
located at the CITY'S water tower located on Stinson Blvd., and
WHEREAS, the public safety interests of both the COUNTY and CITY will
benefit from the County's participation in the Network; and
WHEREAS, COUNTY and the CITY wish to enter into an agreement to enable
the COUNTY to place and store the technical equipment necessary at the Stinson water
tower site to help the Network operate efficiently;
NOW THEREFORE, COUNTY and CITY, in consideration of the rents,
covenants and considerations hereinafter specified, do hereby agree each with the other
as follows:
1. LEASED PREMISES; ACCESS.
A. Subject to the terms and conditions of this Lease, CITY hereby leases to
COUNTY and COUNTY leases from CITY a portion of the Stinson Water Tower or
other structures ("Structures"), between a minimum height of 56 feet and a maximum
height of 64 feet for the microwave dish and a minimum height of 110 feet and a
maximum height of 132 feet for the antennas, measured from grade as more particularly
described in Exhibit A attached hereto, on which directional antenas, connecting cables
and appurtenances will be attached and located, the exact location to be reasonably
approved by CITY's Director of Public Works, together with a non-exclusive easement
for reasonable access thereto and for adequate utility services, including sources of
electric and telephone facilities also shown on Exhibit A. ("Tower Space").
CITY and COUNTY also lease a portion of CITY'S property consisting of
approximately 450 square feet located at the base of the Water Tower and legally
described in Exhibit B hereto, subject to all existing easements, to be used for an
equipment shelter and generator. ("Ground Space").
B. CITY grants COUNTY the right under this lease to construct a 12' x 26
shelter building at the base of the water tower ("Shelter Building") on the Ground Space.
The building will be constructed according to the specifications set forth in Exhibit C,
attached hereto, owned by the COUNTY, and shall be used only for the storage of
equipment necessary for the functioning of the Network at that location. Only COUNTY
and its authorized agents shall have access to its Shelter Building. The Tower Space and
the Ground Space are lo~ated at 4633 Ivanhoe Place, Columbia Heights, MN 55421, shall
be collectively referred to as the "Leased Premises".
C. CITY grants to COUNTY for use by COUNTY, its employees, agents and/or
Contractors, including Mn/DOT, during the term of this Lease and any renewal thereof, a
non-exclusive license for ingress/egress purposes to cross CITY property adjacent to the
Water Tower to access the Leased Premises on a 24 hour daily basis.
D. COUNTY agrees to notify CITY by telephone at least 24 hours in advance of
climbing or accessing the tower. In emergency situations, COUNTY shall notify CITY as
soon as reasonably possible, notwithstanding the 24 hour requirement.
2. RENT.
In consideration for the rights conferred to COUNTY pursuant to the terms of this
Lease, COUNTY shall pay CITY the sum of $1.00 at the signing of this Lease. This
amount shall constitute the entire amount of any rental payments due under this Lease, or
any renewal or extension thereof, and COUNTY shall have no further rental costs.
2
3. TERM.
The term for this Lease shall begin on Aug. 1, 2003 and shall run for a period of
25 years until 11:59 p.m. on July 31, 2028 ("Initial Term"). This Lease shall
automatically renew for additional 10 year periods ("Renewal Term"), subject to the
same terms and conditions as set forth herein, unless either party submits to the other a
written notice of cancellation at least one year prior to the expiration of the Initial or a
Renewal term.
4. INSTALLATION; MAINTENANCE.
A. COUNTY shall install and shall be solely respnsible for the operation,
maintenance and repair of its antennas, microwave dishes, amplifiers, generators, fuel
tanks, and all other equipment, as well as its shelter building. A list of the equipment and
a depiction of their locations on the water tower is set forth in Exhibit A. All reasonable
costs associated with the preparation for such installation shall be the COUNTY's
responsibility.
B. COUNTY shall repair, at COUNTY'S expense, any damage caused to the
Water Tower duriung COUNTY'S installation, operation, maintenance, repair or removal
of COUNTY'S equipment.
C. COUNTY shall coordinate the installation of COUNTY'S equipment with
CITY by using its best efforts to notify CITY of such installation at least ten (10) days
prior to installation but in no event less than 48 hours prior to such installation.
D. COUNTY shall maintain COUNTY'S equipment and shelter building in good
condition and repair and in compliance with all laws, ordinances, rules and regulations.
E. If CITY requires COUNTY equipment to be removed to do maintenance,
CITY will give COUNTY 1 year general notice, with a 30 day notice as to the specifics
of the maintenance. COUNTY will be responsible for all costs to remove COUNTY'S
equipment for the maintenance and the subsequent re-installation.
F. If CITY installs site improvements, e.g. security system, fencing, lighting
or landscaping, COUNTY will contribute funds toward these site improvements
according to the terms set forth in Exhibit D hereto. (Letter from Dartrell Lipscomb,
dated June 25, 2003).
5. ADDITIONAL USES; NON-INTERFERENCE.
CITY retains the right to lease any additional space on its water tower to others
subject to the following: if CITY permits any other electrical devices on the water tower
subsequent to the installation of COUNTY equipment, CITY will cause an electrical
intererence analysis to be done to ensure COUNTY'S Network will not be affected.
CITY shall not permit any device on the Leased Premises which interferes with
COUNTY'S Network. Likewise, COUNTY'S Network shall not interfere with any radio
communications system that is operational on the water tower as of the date of this Lease.
6. UTILITIES
COUNTY may elect to have electric power and telephone lines supplied to the
Leased Premises. If it does so, COUNTY shall be responsible for all costs associated
with the supply of such utilities, including installation and maintenance of, supply lines,
meters and monthly supply charges. Any costs associated with the placement and storage
of propane gas shall be the responsibility of the COUNTY.
7. NOTICE OF CHANGES; BINDING ON SUCCESSORS
CITY agrees to provide a one year written notice to COUNTY if it 1) plans to
remove the water tower; 2) plans to relocate the water tower to another location; 3) plans
major maintenance to the water tower; 4) plans to change the physical aspects of the
water tower in any significant way, e.g. height above grade or 5) plans to sell or transfer
ownership of the water tower to another entity. If ownership of the Leased Premises is
transferred to another, the terms and conditions of this Lease shall extend to and bind the
purchasers, transferors, heirs, personal representatives, successors and/or assigns of
CITY.
8. INDEMNIFICATION
COUNTY agrees to indemnify and defend CITY for any and all claims arising
out of COUNTY'S installation, operation, use, maintenance, repair, removal or presence
of COUNTY'S antennas, equipment, Shelter Building or related facilities on the Leased
Premises. CITY agrees to indemnify and defend COUNTY from any and all claims which
arise solely from CITY'S negligence, willful misconduct or other fault of CITY. These
obligations to indemnify and defend shall survive termination of this Lease.
9. DAMAGE OR DESTRUCTION.
If the Leased Premises is destroyed or damaged such that rebuilding of the water
tower is not economically feasible, either party may terminate this Lease upon 30 days
written notice. Upon termination, neither party shall be obligated to the other except for
the obligation to indemnify and defend as described above.
10. ENVIRONMENTAL.
CITY represents that it has no knowledge of any substance, chemical or waste
(collectively "Substance") on the Leased Premises that is identified as haxardous, toxic,
or dangerous in any applicable federal, state or local law or regulation. In the event
CITY learns of the location of such Substance, CITY shall notify COUNTY who may, at
COUNTY's sole option, terminate this Lease immediately. CITY shall not introduce any
such Substance on the Leased Premises in violation of any applicable law.
COUNTY shall not bring to, transport across, or dispose of any Substance on the
Leased Premises or adjoining CITY property without CITY'S prior written approval.
COUNTY may keep on the Leased Premises substances used in backup power units (e.g.
as batteries and generators) commonly used in the wireless communications industry.
11. TAXES.
COUNTY shall pay all personal property taxes assessed directly upon and arising
solely from its use of the Leased Premises.
12. MAINTENANCE OF TOWER.
Unless otherwise set forth herein, CITY shall be responsible for maintaining the
water tower and adjoining grounds in a proper operating and reasonably safe condition.
However, if any such repair or maintenance is required due to the acts of COUNTY, its
employees or agents, COUNTY shall reimburse C1TY for the reasonable costs incurred
by CITY to restore the damaged areas to the condition which existed immediately prior
thereto.
13. GOVERNING LAWS AND VENUE.
This Lease shall be construed in accordance with the laws of Minnesota. Venue
for any disputes shall be in the District Courts of Anoka County, Minnesota.
14. BINDING EFFECT.
This Lease shall run with the Leased Premises. This Lease shall extend to
and bind the heirs, personal representatives, successors and assigns of the parties hereto.
15. IN WRITING.
This Lease constitutes the entire agreement between the parties and supersedes all
prior written or verbal agreements, representations, promises or undertakings between the
parties. Any amendments to this Lease must be in writing and executed by both parties to
be enforceable.
Dated this [qI6day of /~g~/9 ~ ,2003.
COUNTY OF ANOKA, MINNESOTA CITY OF COLUMBIA
HEIGHTS, MINNESOTA
County of Anoka )
) ss
State of Minnesota )
The foregoing instrument was acknowlwdged before me this
2003 by Dan Erhart, Chair, Board of Commissioners and John "Jay" McLinden, County
Administrator, on behalf of the County of Ano~ Minnesota.
County of Anoka )
) ss
State of Minnesota )
The foregoing instrument was acknowlwdged before me this /073 day of 0c~[~ ,
2003 by ~ ~.D~-b.4 ~(-~. . Mayor and ~3~4.~. ~. [;,_~ , City Manager,
on behalf of the City ~f Co~[~bia Heights, Minnesota.
This instrument drafted by:
Anoka County Attorney's Office
2100 Third Ave. N.
Anoka, MN 55303
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THAT PART OF LOT 13, BLOCK 9, HILLTOP, ANOKA COUNTY, MINNESOTA DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE ON AN ASSUMED
BEARING OF S 89'44'33"W, ALONG THE SOUTH LINE OF SAID LOT, 6.70 FEET;
THENCE ON A BEARING OF NORTH, 19.5..5 FEET TO 'THE ACTUAL POINT OF BEGINING;
THENCE CONTINUE NORTH, 30.00 FEET; THENCE ON A BEARING OF WEST, 15.00
FEET; THENCE ON A BEARING OF SOUTH, 50.00 FEET; THENCE ON A BEARING OF
EAST, 15.00 FEET TO THE ACTUAL POINT OF BEGINING.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER LOTS
13, EXCEPT THE NORTHERLY 25 FEET FRONT AND REAR, AND 14, BLOCK 9, HILLTOP.
I hereby certify that thle survey, plan or report woe prepared
by me or under my direct supervision and that I em e duly
Registered Land Surveyor under the la~e of the State of
bllnnesoto.
LJ~RRY D, HOIUU
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COUNTY OF ANOKA
OFFICE OF COUNTY ADMINISTRATION
GOVERNMENT CENTER
2100 3RD AVENUE ® ANOKA, MINNESOTA 55303-2265
(763) 323-5700
DARTRELL LIPSCOMB
Administrative Specialist
Direct #763-323-5711
Mr. Walt Fehst ~
City Manager
City of Columbia Heights
590 - 40th Ave., NE
Columbia Heights, MN 55421
October 14, 2003
Lease Agreement between Anoka County and the City of Columbia Heights - Contract
#2003-0167.
Dear Mr. Fehst:
Enclosed is an original signed copy of the lease agreement between the City of Columbia Heights
and Anoka County to place radio antennas for the county 800 MHz trunk digital radio
communication system on the Stenson water tower located in the city of Columbia Heights.
The collaborative effort of the city officials to work with the county on this important public safety
matter is appreciated.
Sincerely,
Dartrell Lipscomb
Administrative Specialist
DL:tc
Enclosure
CC:
Colleen Herrmann, Assistant County Attorney
Brenda Pavelich-Beck, Financial Systems Manager
FAX: 763-323-5682
Affirmative Action / Equal Opportunity Employer
TDD/TTY: 763-323-5289
DARTRELL LIPSCOMB
Administrative Specialist
Direct #763-323-5711
COUNTY OF ANOKA
OFFICE OF COUNTY ADMINISTRATION
GOVERNMENT CENTER
2100 3RD AVENUE · ANOKA, MINNESOTA 55303-2265
(763) 323-5700
June 25, 2003
CONFIRMATION SENT BY FAX ON JUNE 25, 2003
Walt Fehst, City Manager
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Thomas Johnson, Police Chief
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Dear Mr. Fehst and Mr. Johnson:
This letter is to confirm the Agreement between the City of Columbia Heights and Anoka
County, where the county committed to certain site improvements at the Stinson water tank site
for the 800 MHz public safety communications system. It is Anoka County's understanding and
intent to pay only for the following (in an amount not to exceed):
Security System $ 8,922
Lighting $ 7,660 (including labor)
Fencing (1/2 of total) $10,900 (including labor)
Landscaping -$ 3,000
Inspection ,$ 3,000
Total (amount not to exceed)
$33,482
It is our understanding of the Agreement that the City of Columbia Heights will pay the other
half of the total cost for fencing. If you have any questions or comments, please do not hesitate
in contacting me.
DL:de
By fax
c: Commissioner Jim Kordiak
L~'ony Palumbo, Assistant County Attorney
FAX: 763-323-5682
Sinc~!y,
r~ ~ /)// ~'~ V,
Dartrell Lipsconib '
Administrative Specialist
Affirmative Action/Equal Opportunity Employer