1k Terminate Radio CommunicatioCITYOF
CHANHAS EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1 ti0
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
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MEMORANDL~
TO:
FROM:
DATE:
RE:
Todd Gerhardt, City Manager
Justin Miller, Assistant to the City Managel~.~~
June 13, 2003
Termination of Utilization Agreement with Carver County for
Public Safety Radio Communication Equipment
BACKGROUND
The City and Carver County have had a utilization agreement in place since
July 1, 1996, for the purpose of locating radio communications equipment at the
Fire Station. This equipment has since been removed, and the Carver County
Sheriff's Department is seeking to officially terminate this agreement.
The Carver County Board of Commissioners is expected to approve this item on
their July 1, 2003 agenda.
RECOMMENDATION
Staff recommends that the City Council approve the attached termination of
utilization agreement.
The Oily ol Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
TERMINATION OF UTILIZATION AGREEMENT AND RELEASE OF LIABILITY
NOW COME, the CITY OF CHANHASSEN, a Minnesota City and the COUNTY OF
CARVER, a Minnesota County, and agree as follows:
WHEREAS, the parties entered into a Utilization Agreement on July 01, 1996, allowing the
COUNTY to place radio communications equipment at the City Fire Station located at 7610
Larado Drive for the purpose of providing area residents with public safety radio
communications; and
WHEREAS, the COUNTY no longer has a need for radio equipment at this location and the
COUNTY has removed all radio equipment which had been placed there subsequent to this
agreement; and
WHEREAS, the parties agree that it is in their mutual best interest to terminate the Utilization
Agreement dated July 01, 1996 and their respective rights and obligations thereunder.
WHEREFORE, the parties hereby agree that the Utilization Agreement dated July 01, 1996 shall
be terminated upon the effective date of this termination agreement. The parties and their agents
and employees are released from any and all liability, past, present or future, of whatever kind or
character, by reason of or growing out of any of the terms or provisions of the Utilization
Agreement dated July 01, 1996.
IN WITNESS WHEREOF, the CITY OF CHANHASSEN, and COUNTY OF CARVER
execute this agreement to terminate their Utilization Agreement dated July 01, 1996.
CITY OF CHANHASSEN
By: Date:
Mayor
COUNTY OF CARVER
By: Date:
County Board Chair
UTILIZATION AGREEMENT
TKIS AGREE14ENT, made this { day of~~ , 1996 between the
CITY OF CHANtiASSEN, a Minnesota City, hereafter referred to as the
"City", and the COUNTY OF CARVER, a Minnesota County, hereafter
referred to as the "County".
In the joint and mutual exercise of their powers, and in
consideration of the mutual terms, conditions and covenants herein
contained, the parties hereto agree as follows:
.
Premises
The premises shall consist of the City's Fire ~tation located
at 7610 Larado Dr. in 'the City of Chanhassen. The County
requests to attach an antenna on the fire station and to house
radio equipment inside the fire station. The City agrees to
allow the County to place it's radio antenna and equipment at
the fire station.
The County shall have no right to use the property for any
purpose except by the expressed consent of the City. The City
retains the right to review all work plans by the county prior
to their implementation.
.
Te~IR
This agreement shall be in pl~ace for the life of the fire
station unless the City determines that it is in the best
interest of the City for the County to discontinue placement
of it's radio antenna and equipment at'.the fire station. At
such time the City shall notify the Couhty. The County shall
then remove the radio antenna and'related equipment within 60
days or by a date requested-by the City, which ever time
period is longer. The County may at it's election, remove
said equipment before expiration of this agreement.
o
Access
The City agrees that the County shall have free access to the
premises for the purpose of~ installing~ maintaining and
operating the County's equipment.
Maintenance and Operation of the Premises
The County shall have the right to operate it's equipment at
the premises in such a manner as will best enable it to
fulfill it's own service requirements, but in accordance with
the provisions herein. The City shall not be liable to the
County for any interruption of service. However, if the City
is aware that maintenance or operations of the fire station
may cause or require interruption of service of radio
equipment at the site, the City shall provide the County with
as much advanced notification as possible.
o
Rights to equipment
Any and all equipment installed by the County shall remain the
property of the County, unless otherwise mutually agreed.
j.
·
Mutual Indemnification
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 employees may hereafter 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, performance, or failure to adequately perform
its obligations pursuant to this agreement.
·
consideration
The County shall pay all costs and expenses related to
placing, maintaining and operating the radio equipment at the
fire station. The County shall not be responsible for costs
related to maintaining or operating the fire station.
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 the City and surrounding communities
access to the County Sheriff's Main radio channel with
improved coverage at no charge. No additional monetary
consideration to either party is contemplated by this
agreement.
IN WITNESS WHEREOF, the City of ~Chanhassen and the County of
Carver execute this agreement on the day and year first
written above.
' aS~rne
k~si~tant C?u~/ Atto
Date:
COUNTY OF CARVER
STATE OF MINNESOTA
By:
By:
Chairman of County Board
Sheriff of C~arver County
Attest:
Carver County Auditor
CITY OF CHANHASSEN
STAT~qOF MINNESOTA
City Manager