1c Water Tower Lease AgreementCITYOF
CSAN SEN
AdmlnislmUoa
Phone: 952.227.1100
Fax: 952.227.1110
Imkl~g Im..~m
Phooe: 952.227.1180
Fax: 952.227.1190
El,Il
Phone: 952.22"/.11m
Fax: 952.227.1171)
Photo: 952.227.1140
Fax: 952227.1110
Pad[& Remeafl#
Phooe: 952.227.1120
Fax: 952.227.1110
Nalm'al Remmre~
Phone: ~L~Z1130
Fsx: g62.227.1110
8ior Cenlm'
Phone: 952227.11m
Fax: 652.227.1110
FROM: Justin ~[mer, Assistant to the City Manager
DATE: May 6, 2003
Water Tower Lease Agreea~'nt with-Carver County for Radio Sy~m
Antenna
ACgGaOU
Carver County, along with Chanhassen FLre Depamnent, recently upgrad~ to an 800
MHz radio system. This system allows' for greater inte~T~ab~ty and
commtmications among key law enforcement and emergency management
within Carver County, including Chanhassc~' whom the coverage is not as good as it
needs to be. For example, the ~t system docs not 'm-building
coverage, which could pose major problems dining ' in our larger buildings.
One solution to this problem is to install new
Deparlm~t has identified the Arbomtnm
location is in a
County Shcfi~s
41 as an ideal
and will im~r~'OV~
Attached to
Chaahass~
building. This
they already have
resemble thc
contract also
before any wor~
main~ce that is
. Carver County.
Since
the
a~L Thc
their May 5, ~
Arboretum water tower site.
SITE NAME:
SITE NUMBER:
WATER TOWER
ANTENNA LICENSE AGRi~.F. MI~.NT
THIS LICENSE AGREEM'gNT is msd¢ and entered into this ~ day of May, 2003, by and
between the CITY OF CHANHASSEN, MINNESOTA, a Minnesota Municipal Corporation
hereinafter refelv.~ to as the "City", and the COUNTY OF CARVER, MINNESOTA, a
Minnesota County, hereafter referr~ to as the "County."
A. The City is the fee owner of certain land located in Carver County, Minnesota, with a
street address of 2953 Water Tower Place, Chanhassen, MN 55317, hereinafter refened to as the
B. Located on the Property is a municipal water Wwer owned, operated and main~ed
by the City hereinafter referred to as the "Water Tower".
C. The County requests to attach antennas on this water tower in the City and to house
radio equipment inside an equipment shelter that shall be placed on the south side of the base of the
water tower.
D.
The parties desire to enter into this Agreement relating to the use of the Water Tower
AGREEM~2NTS
NOW, TI-IgOJ~K)RB, in consideration of the foregoing recital, in the joint, and mutual exercise of
their powers as authorized by Minnesota Statutes 471.59, and in consideration of the mutual terms,
conditions and covenants herein contained, the parties hereto agree as follows:
1. Premises. The premises shall consist of the City's Water Tower located at 2953 Water
Tower Place in the City of Chanhassen. The City agrees to allow the County to place its radio
antennas on the Water Tower and to install equipment related to the antenna in a 14' X 24' shelter
on the Property near the water tower. The antennas may include one 4' diameter microwave
antenna, three 800 MHz stick antennas, one VHF stick antenna and capacity for one future stick
antenna. The color of the antenna and any equipment placed on the Water Tower shall match the
color of the Water Tower. The shelter building shall have a pitched roof and a brick exterior
appearance similar to the existing communications shelter on the site.
The County shall not store equipment outside of the equipment shelter. The County shall have no
fight to use the Water Tower or Property for any purpo~ other than that specified herein except by
County to provide adequate measures to cover the County's equipment or antenna facilities, and
protect such from paint and debris fallout or damage which may occur during the paint restoration,
repair, or maintenance process. The County shall remove its antenna facilities at its own cost, upon
reasonable notice to allow maintenance, repair, repainting, restoration, or other activity as nxluired
by City. Any additional expense of repainting, repaixing, or main~g City's property caused by
County's antenna facilities shall be paid promptly by the County to City upon City's notice to
County of such additional cost.
The City shall not be responsible for any damage or interaction of service caused by maintenance
or damage to the Water Tower and Property.
Except in the case of an emergency, City shall give County thi~y (30) days notice of repair,
repainting, or restoration. In case of an emergency, City may remove the County's equipment and
antenna facilities, but shall notify County by telephoone within a reasonable time. An "emer~c~:
shall be deemed to exist only in those situations that as determined by the City, constitute an
immediate threat to health or safety of the public or immediate danger to the proIx~rty.
8. Termination. This Agreement may be terminated, without any penalty or ftmher liability,
on thirty (30) days' written notice by either party upon a material default of any covenant or term
hereof by the other party, which default is not cured within thirty (30) days of receipt of written
notice of default.
9. Interference.
A. City in no way guarantees to County noninterference wi.th County's transmisaion
B. County's use and operation of its facilities shall not interfere with the use and
operation of other communications on the Wot~ Tower. If the County's facilities cause
interference, the County shall take all measm~ reasonably necessary to co~ect and
eliminate the interface. If the interference cannot be eliminstod in a reasonable time, the -.'
County shall immediately cease operating its facilities until the interference has been
eliminated.
10. Compliance with Statutes, Regulations, and Approvals. The County's use of the ~
herein is contingent upon its obtaining all ~cates, Inn'mits, zoning, and other approvals that may
be required by any federal, state, or local authority (incl, aing the City and any required engineering
study, radio frequency interference study, etc.). The County's antenna facilities and any other
facilities shall be erected, maintained, and ~ in accordance with site standards, st_~te statutes,
roles, and regulations now in effect or that thereafter may be issued by the FCC and related
governing bodies.
11. Subrogation of Rights. The parties agree, that each shall be subrogated to the rights of the
other for all claims, liabilities and rights of action arising from or eansed by loss covered by
insurance maintained in connection with the Tower and Property or activities conducted therein or
STATE OF iVIINNP_,S~A)
CITY OF CHANI-IASSI~, COUNTIF_B OF CARVER AND HENNEPIN)
The foregoing instrument was acknowledged before me this day of~ day of
,2003 by , Its Mayor, and'by , its City
Manager of the City of Chanhasse~ a Municipal Corporation under the laws of Minnesota, on
behalf of said Municipal Corporation.
Notary Public
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~ day of
by the County Board Chair and by
the Administrator of the County of Carver, a Minnesota County, on behalf of the County.
Notary Public
12. Utilities. The County shall be responsible for all utilities required by its use of the premises.
The City shall not be liable, and the County waives any and all claims against the City for any
interruption of electrical or other utility services to the Wate~ Tower, ~, antenna or
equipment.
13. Restoration. At the termination of this Agreement, County shall retm'n the Tower in as good
a condition as existed on thc date of thc term of this Agreement commences, ordinary wear and tear
excepted, and shall restore the Tower to such condition as may be pm~cable consistent with its
obligations under this paragraph. The County shall also remove all its equipment without cost to the
City at such termination date.
IN WITNESS WHEREOF, the City of Chanhassen and the County of Carver execute this
agreement on the day and year first written above.
CITY OF CHANHASSEN:
By
Its Mayor
By
COUNTY OF CARVER:
By
Its County Board Chair
By
Its Admini~
COUNTY OF CARVER
STATE OF MINNF.~OTA
Approved as to form
4
the expressed written consent of the City. The County shall submit to the City all work plans for the
installation, replacement or removal of the antenna and equipment prior to their implementation.
The County shall be responsible for obtaining a cefl~ication from an engineer to be approved by the
City as to the structural ability of the Water Tower to safely accommodate the County antennas and
equipment.
Term. This agreement shall be in place for the life of the water tower unless the City
determines that it is in the best interest of the City for the County to discont~ue placement of its
radio antennas and equipment at the water tower Site. At such time tho City shall notify the County.
The County shall then remove the radio antenna and related equipment within 60 days or by a dote
requested by the City, whichever time period is longer. The County may at its election, remove said
equipment on or before expiration of this agreement.
3. Access. The City agrees that the County shall have fxee acx~s to the premises for the
purpose of installing, maint~ning and operating the County's equipment. ~
4. Maintenance and Operation of the Premises. The County shall, at its own expense, .'..maintain
any of the County's equipment on or attached to the property in a safe condition, in good repair, and
in a manner reasonably suitable to City so as not to conflict with the use or other leases of the
property by the City. The County shall not unreasonably interfere with the working use of the
property, related facilities, or other equipment of additional tenants and shall keep the premises free
of debris and anything of a dangerous, noxious, or offensive nature, or which would create a hazm~
undue vibration, heat, noise, interference, etc.
The City shall not be liable to the County for any intem~ption of service. However if the City is
aware that maintenance or operation-of the Water Tower may cause or require inteaxup6on of
service of radio equipment at the site, the City shall provide the County with as much advanced
notification as possible.
5. Rights to equipment. Any and all equipment installed by the County shall rmnain the '
property of the County, unless otherwise mutually agreed.
6. Insurance and Mutual Indemnification. The County and the City shall each be responsible
for its own property and its risk of loss or insurance against casualty. The County and the City shall
be liable for their own acts to the extent provided by law and hereby agree to indemnify and hold
harmless the other, it's officers and employees against any and all liability, loss, costs, damages,
expenses claims or actions, including attorney's fees which the other, it's officers and errs, loyees
may h~ sustain, incur or be required to pay, arising out of or by reason of any act or omission
of the party, its agents, .servants or employees, in the execution, perf--, or failure to
adequately perform its obligations pursuant to this agreement.
7. Consideration. The City agrees to allow antennas and equipment on the described
premises at no charge to the County. The County in turn agrees to provide access to the County
public safety/service radio system and with improved coverage. The County shall pay all costs and
expenses related to placing, maintaining and operating the radio equipment at the water tower site.
In the event the City repaints, repairs, or maintains its Tower, it shall be tho responsi~ty of the
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