Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2012-032 Rice County Lease for 1225 Parshall StState of 9linnesota
County of Wice
CITY OF FARIBAULT
RESOLUTION #2012 -032
LEASE AGREEMENT WITH RICE COUNTY FOR USE OF PARSHALL STREET
TOWER SITE
WHEREAS, all Minnesota communities benefit from a well trained,
technically efficient and adequately funded emergency radio communications
system that allows for interoperability between agencies involved in
emergency management; and
WHEREAS, the City has committed to participating with Rice County to
implement an 800 MHz and Allied Radio Matrix for Emergency Response
(ARMER) compliant radio system; and
WHEREAS, it has been identified that improvements to the radio tower site
located on City property located at 1225 Parshall Street will facilitate the
implementation of this radio system; and
WHEREAS, the City has had a lease agreement with Rice County for use of
this tower site since 1995; and
WHEREAS, this lease agreement with Rice County has been updated to
reflect the changes that will be made to this tower site.
NOW, THEREFORE BE IT RESOLVED, that the Faribault City Council
hereby approves the new lease agreement and authorizes the Mayor and City
Administrator to sign the new lease agreement with Rice County.
Date Adopted: February 14, 2012
t City Council
JW4 R. Jasinski, Mayor
ATTEST:
(a,
Charles S. Whiting, City Administrator
LEASE AGREEMENT
This Lease Agreement ( "Agreement ") is made as of this L day of G (- , 2012, by and
between the City of Faribault, a Minnesota municipal corporation (the "City "), whose address is
208 NW 1" Avenue, Faribault, MN 55021 and Rice County, a Minnesota political subdivision
(the "County "), whose address is 320 N.W. 3rd Street, Faribault, MN 55021, for the lease of
certain property located at 1225 Parshall Street, Faribault, Minnesota 55021 pursuant to the
following terms:
1. PROPERTY. The City owns certain real property located at 1225 Parshall Street,
legally described on Exhibit A attached hereto (the "City Property "). On September 6, 1995, the
City entered into a 30 year lease with Minnesota RSA 10 Limited Partnership ( "Minnesota RSA
10 ") to allow Minnesota RSA 10 to construct a new 210 foot telecommunications transmissions
tower and its appurtenances (the "Tower "), an equipment building and a security fence on the
City Property (the "Minnesota RSA Lease "). As part of the Minnesota RSA Lease, Minnesota
RSA 10 gave the City the right to install and place three communications antennas at the top of
the Tower and the right to use the remaining antenna spaces available on the Tower. The City
also retained the right to use the portion of the City Property that was not occupied by Minnesota
RSA 10.
The City hereby leases and grants to the County use of the City's antenna space on the Tower for
emergency radio communications antennas and use of the City Property for the construction of
certain improvements including, but not limited to, an equipment shelter with interior standby
generator, fences, driveways, and ice bridges in the locations as depicted on Exhibit B attached
hereto (the "Improvements ").
2. TERM. The term of this Agreement shall begin on clot. 14- , 2012 and shall
terminate on August 31, 2025, if not terminated earlier by the parties ( "Term ").
3. RENT.
A. Rent Amount. The annual rent shall be $1.00 per year. The City is entitled to
retain any and all rent payments that it receives under the Minnesota RSA Lease.
4. USE.
A. General. The County may use the City Property for the purpose of constructing,
installing, operating, maintaining, removing, and replacing the Improvements in
the locations designated on Exhibit B. The County agrees that it will ensure that
its use of the City Property does not interfere with the maintenance or operation of
the Tower and its appurtenances and Minnesota RSA's telecommunications
business. The County shall comply with all present and future rules and
regulations imposed by any local, state or federal authority having jurisdiction
over transmissions and operations involved in the use and operation of the Tower
and the equipment located thereon.
B. Access to the City Property. The County shall have the right to access the City
Property and its Improvements, 24 hours per day, seven days per week. The
397502v2 SJS FA105 -9
County shall be fully liable for any and all loss, damage or claim associated with
its use of the City Property.
5. FACILITIES.
A. Installation. The County shall install and maintain its Improvements in
compliance with all applicable codes, ordinances and statutes, Federal
Communications Commission ( "FCC ") rules and regulations and good
engineering practices. The County agrees that the Improvements must be of a
type and frequency which will not cause radio frequency interference to the City.
B. Maintenance. The County shall reasonably and safely maintain and repair its
Improvements at its own expense.
6. UTILITIES.
A. Phone Service. The City has four phone lines that connect to the Tower and the
Improvements. The County shall be entitled to use these phone lines. The
County shall reimburse the City for one -half of the City's monthly phone service
costs associated with these phone lines. The City will send the County periodic
invoices for these costs, which shall be paid by the County within 30 days of the
date of the invoice.
B. Electricity. The County's antennas and the Improvements are in need of
electricity to function. The County shall be responsible for maintaining electric
service to its antennas and the Improvements. The City shall reimburse the
County for one -half of the County's monthly electric service costs associated with
the antennas and the Improvements. The County will send the City periodic
invoices for these costs, which shall be paid by the City within 30 days of the date
of the invoice.
7. INDEMNITY AND INSURANCE.
A. Indemnity. The County shall defend and indemnify the City and hold the City
harmless from and against any and all claims and demands relating to the
negligence or misconduct of the County, its agents, contractors, officials and
employees, including the payment of reasonable attorneys' fees and costs for
damages to property and injury or death to persons, including any payments made
under any workers' compensation law or any plan for employees' disability and
death benefits, which may arise out of or be caused by the construction,
installation, maintenance, presence, use or removal of the Improvements on the
City Property.
B. Workers' Compensation. The County must maintain workers' compensation
insurance in compliance with all applicable statutes. The policy shall also provide
Employer's Liability coverage.
C. General Liability. The County must maintain an occurrence form Commercial
General Liability Coverage. Such coverage shall provide for third party bodily
397502v2 SJS FA105 -9 2
injury and property damage arising out of the County's use, maintenance, or
operation of the City Property and the Improvements. The County must maintain
the aforementioned Commercial General Liability Coverage with limits of
liability of $1,500,000 each occurrence.
D. Property Insurance. The County must keep in force during the term of this
Agreement a policy covering damages to its Improvements and their connections
on the City Property, radio equipment and the County's antennas on the Tower.
The amount of coverage shall be sufficient to replace the damaged property and
loss of use. Pursuant to the Minnesota RSA Lease, Minnesota RSA maintains
insurance for the Tower.
E. Additional Insured — Certificate of Insurance. The County shall provide the
City with evidence of the required insurance in the form of a Certificate of
Insurance, which includes all coverage required in this Agreement. The County
shall name the City as an Additional Insured on the Commercial General Liability
Policy. The Certificate shall provide that the coverage may not be canceled
without prior written notice to City.
F. Casual . Neither party shall be liable to the other (or to the other's successors or
assigns) for any loss or damage caused by fire or other casualty.
8. TERMINATION.
A. Termination. Except as otherwise provided herein, this Agreement may be
terminated at any time by either party without any penalty or further liability,
upon the party providing 30 days' notice to the other party.
B. Site Restoration. Upon termination of this Agreement, the County shall have 90
days from the termination date to remove its Improvements from the City
Property and repair and restore the site. In the event that the Improvements are
not removed within 90 days, the Improvements shall be deemed abandoned and
become the property of the City and the County shall have no further rights
thereto.
9. MAINTENANCE AND OPERATION OF THE CITY PROPERTY.
A. County's Right to Operate. The City shall not be liable to the County for any
interruption of the County's services or for interference with the operation of the
Improvements arising in any manner from use of the City of the City Property,
unless due solely to the negligence or willful misconduct of the City, its officials,
employees, contractors, agents, or invitees.
B. Temporary Interruptions of Service. If the City reasonably determines that
continued operation of the Improvements would cause or contribute to an
immediate threat to public health or safety including evidence that is failing to
comply with the FCC emission standards to radio frequency transmission, the
City may order the County to discontinue its operation. The County shall
immediately comply with such order. Service shall be discontinued only for the
397502v2 SJS FA105 -9
period that the immediate threat exists. If the City does not give prior notice to
the County, the City shall notify the County as soon as possible after its action
and give its reason for taking the action. The City shall not be liable to the
County or any other party for any interruption in the County's service or
interference with the County's operation of its Improvements, except as may be
caused by the negligence or willful misconduct of the City, its officials,
employees or agents. If the discontinuance extends for a period greater than three
days, either consecutively or cumulatively, the County shall have the right to
immediately terminate this Agreement.
10. HAZARDOUS SUBSTANCES. The County represents and warrants that hazardous
substances will not be generated, stored, disposed of or transported to, on, under, or
around the City Property by the County. The County shall hold the City harmless from,
defend and indemnify the City against any damage, loss, expense, response costs, or
liability, including consultant fees and attorneys' fees resulting from hazardous
substances generated, stored, disposed of, or transported to, on, under, or around the City
Property by the County, or its officials, employees, agents or contractors.
11. CASUALTY. If any portion of the City Property or the Improvements is damaged by
any casualty and such damage adversely affects the County's use of the City Property,
this Agreement shall terminate as of the date of the casualty if the County gives written
notice of the same within 30 days after the County receives notice of such casualty.
12. CONDEMNATION. If a condemning authority takes any portion of the City Property
and such taking adversely affects the County's use of the Leased Premises, in the
County's sole determination, this Agreement shall terminate as of the date of the taking if
the County gives written notice of the same within 30 days after the County receives
notice of such taking. The parties shall be entitled to make claims in any condemnation
proceeding for the value of their respective interests in the City Property (which for the
County may include, where applicable, the value of the Improvements and moving
expenses). Sale of all or part of the City Property to a purchaser with the power of
eminent domain in the face of exercise of such power shall be treated as a taking by
condemnation.
13. MISCELLANEOUS.
A. Integration; Amendment. This Agreement supersedes all prior discussions and
negotiations and contains all agreements and understandings between the City and
the County with respect to the Improvements on the City Property, including, but
not limited to, the Radio Communications Tower Letter of Agreement between
the City and the County dated August 30, 1995 and the Letter of Agreement
regarding the Parshall Street Tower Lease dated January 3, 2012. This
Agreement may only be amended in writing signed by both parties. All exhibits
are incorporated into this Agreement by reference.
B. Counterparts. This Agreement may be signed in counterparts by the parties
hereto.
C. No Assignment. The County shall not assign or transfer this Agreement at any
397502v2 SJS FA105 -9 4
time or sublease a portion of the City Property or space on the Tower without the
City's prior written consent. The City may assign this Agreement upon written
notice to the County.
D. Notice. Notices shall be in writing and sent by United States Mail, postage
prepaid, certified or registered with return receipt requested or by courier service
to the address set forth in this Agreement.
E. Governing Law. This Agreement shall be construed in accordance with the laws
of Minnesota.
F. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
397502v2 SJS FA105 -9
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
seals the day and year first above written.
CITY O FARI AULT
By:
Jo R. J inski
Its: Mayor
By:
Charles S. Whiting
Its: City Administrator
RICE COUNTY
Lo
Jake Gillen
Its: Chairperson
Attest:
Gary Weiers
Its: County Administrator
397502v2 SJS FA105 -9 6
EXHIBIT A
Legal Description of the City Property
Beginning in the center of the Faribault- Cannon City Road (now called St. Paul Avenue), where
the center line of Parshall Street (formerly called College Road) intersects same running thence
North 71.5 degrees West along the center of said Parshall Street to a point where the center line
thereof intersects the center of a road laid out and recorded in the office of Register of Deeds of
Rice County, Minnesota, in Book 52 of Deeds, page 28, thence South 5 degrees East along the
center of said dedicated road to its intersection with the center line of said St. Paul Avenue,
thence North 45 degrees East along the center line of said St. Paul Avenue to the point of
beginning.
397502v2 SJS FA105 -9 A -1
EXHIBIT B
Location of the Improvements
ex- 1
,L !_..-ia�.r 1 +� +- _z. �_ °tea-+ . '� e � • `'
lZ �z. 1
fr f
s�
CIDMPOUNIM PLAN Edge
� � PAFlSNALL _
FAMMAULT. rAlr-J FF—GGTA
397502v2 SJS FA105 -9 B -1